Pakistan's Abortion Provisions

Pakistan Penal Code (Act XLV of 1860), Chapter XVI, Section 338(A)-(C).

338. Isqat-i-Hamal. − Whoever, causes woman with child whose organs have not been formed, to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman, or providing necessary treatment to her, is said to cause isqat-i-haml.

Explanation.− A woman who causes herself to miscarry is within the meaning of this section.

338-A. Punishment for Isqat-i-haml.− Whoever, cause isqat-i-haml shall be liable to punishment as ta'zir-

(a)

with imprisonment of either description for a term which may extend to three years, if isqat-i-haml is caused with the consent of the woman; or

(b)

with imprisonment of either description for a term which may extend to ten years, if isqat-i-haml is caused without the consent of the woman.

Provided that, if as a result of isqat-i-haml, any hurt is caused to woman or she dies, the convict shall also be liable to the punishment provided for such hurt or death as the case may be.

338-B. Isqat-i-janin.− Whoever, causes a woman with child some of whose limbs or organs have been formed to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman, is said to cause Isqat-i-janin.

           

Explanation.− A woman who causes herself to miscarry is within the meaning of this section.

338-C. Punishment for Isqat-i-janin. − Whoever, causes isqat-i-ianin shall be liable to;

(a)

one-twentieth of the diyat if the child is born dead;

(b)

full diyat if the child is born alive but dies as a result of any act of the offender; and

(c)

imprisonment of either description for a term which may extend to seven years as ta'zir

Provided that, if there are more than one child in the womb of the woman, the offender shall be liable to separate diyat or ta'zir, as the case may be/for every such child.

Provided further that if, as a result of isqat-i-fanin, any hurt is caused to the woman or she dies, the offender shall also be liable to the punishment provided for such hurt or death, as the case may be.