Torture in Custody and the 2022 Anti-Torture Act in Pakistan
Reviewed by the Commoner Law editorial team. Sources: pakistancode.gov.pk, Punjab/Sindh/KP/Balochistan provincial codes, Supreme Court of Pakistan, FBR, EOBI, SBP, NEPRA, OGRA, PMDC, FIA, and provincial Healthcare Commissions. Provincial variations cite Punjab/Sindh/KP/Balochistan Acts and ICT-specific ordinances. Written in plain English with everyday Urdu legal terms (FIR, qabza, khula, NTN, CNIC) for a general audience — this is educational content, not legal advice. Our editorial standards
What is this right?
Torture in police custody sat as a longstanding gap in Pakistani law. Pakistan ratified the UN Convention against Torture in 2010, but the implementing statute took over a decade. The Torture and Custodial Death (Prevention and Punishment) Act 2022 finally created specific federal offences:
- Torture by a public servant: imprisonment up to 10 years and fine up to PKR 3 million.
- Custodial death: imprisonment for life and fine up to PKR 5 million.
- Custodial sexual violence: imprisonment up to 25 years and fine up to PKR 5 million.
- Compensation to the victim or family is mandatory and additional to penal sanctions.
The Act applies to police, FIA, ANF, NAB, paramilitary, intelligence officers — any public servant in custody of the victim. Investigation is by an officer not below the rank of SP, and trial by Sessions Courts. Victims (or families on their behalf) can also approach the National Commission for Human Rights (NCHR) under section 13 of the NCHR Act 2012, which has powers to investigate and recommend prosecution and compensation.
At trial, Article 38 of Qanun-e-Shahadat 1984 bars confessions to police. Article 39 excludes confessions made while in police custody unless made before a magistrate. A tortured confession is therefore doubly weak: inadmissible at trial, and itself grounds for prosecution of the officers who extracted it.
Despite the law, prosecutions remain rare. The most reliable practical remedy is still a habeas corpus petition under Article 199 with simultaneous medico-legal examination, plus an NCHR complaint.
When does it apply?
- You or a family member has been tortured, beaten, or sexually assaulted while in police, FIA, ANF, NAB, or other custody.
- A relative has died in custody under suspicious circumstances.
- You suspect a confession was extracted by force or threat.
What to do if you or a relative was tortured in custody
- Immediate medical examination. Under judicial supervision if possible — hospital records contemporaneous with custody are the strongest evidence. Demand a Medico-Legal Officer (MLO) report at any government hospital.
- File an FIR at the police station with jurisdiction (or zero FIR if locally refused). Cite the 2022 Act sections.
- Habeas corpus petition in the High Court — relief includes immediate production, medical examination, and protection. Many High Courts also direct the police to register an FIR.
- NCHR complaint — file at nchr.gov.pk with documents. The Commission has independent investigation powers and reports to Parliament.
- Federal Ombudsman for systemic complaints — wafaqi.gov.pk.
- NGO support: Human Rights Commission of Pakistan (HRCP), Justice Project Pakistan, and Bytes for All maintain casework for torture cases.
What should you NOT do?
- Don't sign a confession. Confessions to police are inadmissible at trial, but signing creates pressure. Make any admission only before a judicial magistrate, with wakeel present, after a 24-hour cooling-off period.
- Don't accept a settlement to drop torture allegations. Custodial torture is non-compoundable — your "forgiveness" doesn't bar prosecution under the 2022 Act.
- Don't delay the medical exam. Bruises fade in 7–10 days; internal injuries within 30 days. Time-stamped medical evidence is everything.
Frequently asked questions
Is torture by police a criminal offence?
Yes — under the Torture and Custodial Death (Prevention and Punishment) Act 2022. Up to 10 years for torture, life imprisonment for custodial death, plus mandatory compensation. Investigation is by SP-rank officers and trial in Sessions Courts.
Are confessions made to police usable against me?
No. Article 38 of Qanun-e-Shahadat 1984 bars confessions to police officers. A confession made while in police custody is admissible only if made before a magistrate, after the 24-hour cooling-off, with the magistrate satisfied that it's voluntary.
How do I file a complaint with NCHR?
Online at nchr.gov.pk or by post to the National Commission for Human Rights, Islamabad. Include CNICs of the victim, FIR number if any, medical reports, and details of the incident. NCHR can investigate independently and recommend prosecution.
When does torture in custody and the 2022 anti-torture act apply?
You or a family member has been tortured, beaten, or sexually assaulted while in police, FIA, ANF, NAB, or other custody.A relative has died in custody under suspicious circumstances.You suspect a confession was extracted by force or threat.
My brother was beaten in police custody — what are our remedies in Pakistan?
Immediate medical examination. Under judicial supervision if possible — hospital records contemporaneous with custody are the strongest evidence. Demand a Medico-Legal Officer (MLO) report at any government hospital.File an FIR at the police station with jurisdiction (or zero FIR if locally refused). Cite the 2022 Act sections.Habeas corpus petition in the High Court — relief includes immediate production, medical examination, and protection. Many High Courts also direct the police to register an FIR.NCHR complaint — file at nchr.gov.pk with documents. The Commission has independent investigat...
What mistakes should I avoid with torture in custody and the 2022 anti-torture act?
Don't sign a confession. Confessions to police are inadmissible at trial, but signing creates pressure. Make any admission only before a judicial magistrate, with wakeel present, after a 24-hour cooling-off period.Don't accept a settlement to drop torture allegations. Custodial torture is non-compoundable — your "forgiveness" doesn't bar prosecution under the 2022 Act.Don't delay the medical exam. Bruises fade in 7–10 days; internal injuries within 30 days. Time-stamped medical evidence is everything.