This section explains the constitutional, criminal and special laws of Pakistan that directly regulate police conduct when dealing with children. These laws are binding and enforceable, and failure to comply can lead to:
Police officers must therefore understand what each law requires, even if detailed legal interpretation is left to prosecutors and courts.
The Constitution is the supreme law of Pakistan and forms the foundation of all laws, policies and actions relating to children. All police actions must comply with constitutional guarantees, including when dealing with children.
Although the Constitution does not contain a separate chapter on children’s rights, most Fundamental Rights apply equally to children and adults. In addition, certain constitutional provisions are of particular importance for the protection, welfare and development of children and provide the basis for child-specific legislation and policies.
The Constitution protects children through:
The table below highlights selected constitutional provisions that are particularly relevant to police work involving children. It is not an exhaustive list, and other constitutional rights and protections may also apply depending on the circumstances of a case.
Key Constitutional Provisions Relevant to Children | ||
Constitutional Article | Nature of Provision | Implications for Police |
Article 4 – Right of Individuals to be Dealt with in Accordance with Law | General fundamental right applicable to all persons, including children | • All actions involving children must be carried out strictly in accordance with the law. • Children must not be subjected to arbitrary, unlawful or unfair treatment by public authorities. |
Article 9 – Security of Person | General fundamental right applicable to all persons, including children | • Any arrest, detention or restriction of a child’s liberty must be lawful and justified. • Children must not be deprived of their liberty except in accordance with the law. |
Article 10A – Right to Fair Trial and Due Process | General fundamental right applicable to all persons, including children | • Children involved in criminal proceedings are entitled to due process and fair treatment. • Investigations, interviews and evidence-gathering must be conducted in accordance with legal requirements. |
Article 11(1) & (3) – Slavery, Forced Labour and Child Labour | Includes explicit child-related protection (clause 3 on child labour) | • Slavery, forced labour and trafficking are prohibited. • Employment of children below 14 years in factories, mines or hazardous employment is prohibited. |
Article 14 – Inviolability of Dignity of Man | General right applicable to all persons, including children | • Children must be treated with dignity and respect in all interactions.• Police must avoid degrading, abusive or humiliating treatment. • Privacy and dignity of children, especially victims and witnesses, must be respected. |
Article 25(3) – Special Provision for Women and Children | Child-specific enabling provision | • The State is permitted to make special laws and procedures for children. • Child-specific legal frameworks (e.g. juvenile justice laws) are constitutionally supported. |
Article 25A – Right to Education | Child-specific fundamental right requiring the State to provide free and compulsory education to children of specified age | • Police should recognise non-attendance at school as a potential indicator of vulnerability, exploitation or child labour. • When responding to child labour, street-connected children or child protection cases, police should consider education as an important component of protection and rehabilitation. • Police may coordinate with relevant authorities where children are denied access to education due to exploitation, neglect or other protection concerns. |
Article 35 – Protection of the Family, Mother and Child | Directive Principle of Policy (policy guidance, not directly enforceable) | • The State is required to protect the family, mother and child. • Police actions should align with this constitutional objective in child protection contexts. |
Article 37(e) – Humane Conditions of Work and Prohibition of Child Labour | Directive Principle of Policy (policy guidance, not enforceable right) | • The State is required to ensure humane working conditions and restrict child labour. • Police may support enforcement of relevant labour laws in line with applicable legislation. |
The Pakistan Penal Code (PPC) is the primary criminal law of Pakistan. It defines offences, prescribes punishments, and provides the legal basis for registering FIRs, investigating crimes and prosecuting offenders.
The PPC is not a child-specific law. However, many PPC offences apply where children are victims, witnesses or, in some cases, alleged offenders. Where a case involves a child, police must apply the PPC together with child-specific laws and procedures, including those relating to juvenile justice, child protection, trafficking and sexual offences.
Common PPC Offences Relevant to Children | ||
Category of Offence | Nature of Offences under the PPC | Key Points for Police |
Offences Against the Person | General offences involving harm to any person, including hurt, grievous hurt, wrongful restraint, wrongful confinement and criminal intimidation. | Where the victim is a child, police should assess the child’s age, dependency, vulnerability and immediate safety needs, and handle the case in a child-sensitive manner. |
Kidnapping, Abduction and Illegal Custody of Minors | Offences involving taking, enticing, removing, detaining or concealing a child from lawful guardianship or for an unlawful purpose. | Police should focus on lawful guardianship, the circumstances of removal or detention, and the purpose for which the child was taken or kept. Missing child cases should be treated as urgent and not subjected to informal waiting periods. |
Sexual Offences and Sexual Exploitation | Offences involving rape, sexual assault, sexual abuse or sexual exploitation, including where the victim is a child. | Where the victim is a child, police must ensure child-sensitive handling, protection of identity and privacy, prompt medical examination where required, and careful evidence preservation. Children should not be subjected to repeated or intimidating questioning. |
Exploitation, Buying, Selling and Use of Children | Offences involving buying, selling, disposal, trafficking-like conduct, forced or exploitative use of a child, or use of a child for unlawful purposes. | Where a child is found in such circumstances, the child should be treated as a victim or person in need of protection, not as an accomplice. Investigation should focus on exploiters, facilitators and networks, and relevant special laws should be applied alongside the PPC. |
Guiding Principle for Police
Police officers are not expected to memorise all PPC sections, but they must be able to:
The Code of Criminal Procedure (CrPC) regulates how police powers are exercised in criminal cases. It provides the procedural framework for arrest, detention, investigation, recording of statements, and production before courts.
The CrPC applies to all persons, including children. Where a case involves a child, these procedures are applied subject to additional safeguards provided under other applicable laws, including juvenile justice and child protection laws.
Key Provisions of the CrPC Relevant to Police Interaction with Children | ||
CrPC Function | What It Regulates | Key Points for Police |
Arrest and Detention | Powers of police to arrest (e.g. without warrant) and procedures following arrest (e.g. Sections 54, 55, 61 CrPC) | • Arrest must be carried out strictly in accordance with law. • A person arrested must be informed of the grounds of arrest. • A person arrested must be produced before a Magistrate within 24 hours (excluding travel time). |
Custody | Police custody and remand by Magistrate (Sections 61, 167 CrPC) | • Continued detention requires lawful authority of a Magistrate. • Police must comply with remand procedures and time limits prescribed by law. |
Recording of Statements | Recording of statements by police and Magistrate (Sections 161 and 164 CrPC) | • Police may examine witnesses and record statements during investigation. • Statements under section 164 are recorded by a Magistrate. • Statements must be recorded voluntarily and in accordance with law. |
Investigation Procedures | Conduct of investigation, collection of evidence (Chapter XIV CrPC) | • Police are required to conduct investigation lawfully and collect evidence in accordance with legal procedures. • Investigation must be based on facts, evidence and lawful inquiry. |
Production Before Court | Presentation of arrested persons before judicial authorities (Sections 61, 167 CrPC) | • A person in custody must be produced before a Magistrate within the prescribed time. • Continued detention without lawful authority is prohibited. |
This law applies to cases involving rape, sexual assault or sexual abuse including offences against children and strengthens investigation and trial procedures to protect victims and ensure accountability.
Area | What the Act Provides | Key Points for Police |
Victim-Sensitive Investigation | Requires respectful, trauma-informed handling of survivors, including children | • Avoid blame, pressure, or humiliating questioning • Ensure privacy and dignity at all times |
Mandatory FIR & Investigation Procedures | Cognisable sexual offences must be investigated promptly and professionally | • Register FIR without delay where an offence is disclosed • Conduct investigation lawfully and sensitively |
Medico-Legal & Forensic Processes | Strengthens procedures for medical examination, forensic evidence and Anti-Rape Crisis Cells (ARCCs).
| • Arrange examination without unnecessary delay • Preserve evidence in accordance with law |
Special GBV Courts & Trial Measures | Provides for specialised Gender-Based Violence Courts and fast-tracked trials | • Coordinate with prosecution to support child-sensitive trial processes |
Protection of Survivor Identity & Safety | Restricts disclosure of identity and allows protective measures | • Do not share names, photos, or identifying information • Prevent contact between survivor and accused |
Use of Technology & Witness Facilitation | Allows video-link testimony and other facilitation measures | • Support remote or protective testimony where ordered by court |
Precedence Over General Procedure | Special provisions override conflicting CrPC procedures | • Where procedures differ, apply the Anti-Rape Act first |
The Anti-Rape (Investigation and Trial) Act, 2021 is supported by a series of Rules that provide detailed operational guidance on investigations, medico-legal procedures, victim and witness protection, trial procedures, and the management of sex offender information. Police officers should follow these Rules, where applicable, in addition to the provisions of the Act. These include:
Several national laws regulate how police must act in situations involving children. Some are child-specific, while others are general laws that contain provisions relevant to children or provide enhanced protection where the victim is a child. These laws are particularly relevant when police encounter situations involving children in conflict with the law, victims of crime, or children at risk of exploitation.