The Domestic Violence (Prevention and Protection) Act, 2026

Introduction:

The Domestic Violence (Prevention and Protection) Act was enacted in 2026 to establish a structured legal framework which aimed to prevent domestic violence and protect the individuals subject to it. Prior to the enactment of this Act, victims of domestic abuse were dependent upon general provisions of the Pakistan Penal Code or family laws which were not sufficient to address the complicated nature of abuse which takes place in domestic relationships. This Act focuses primarily on not only punishment but protection, interim relief, and rehabilitation for the victims of domestic violence, it goes on to specify that women, men, transgender individuals, and children, all fall under the category of victims who deserve to be safeguarded.

This Act establishes a specialised mechanism within Family Courts to provide urgent protective relief, financial compensation, residential security, and institutional assistance. Furthermore, it extends to the Islamabad Capital Territory and came into force immediately upon enactment.

Central Clauses and Provisions:

Section 3 defines domestic violence whilst stating that it includes physical, psychological, and sexual abuse committed within a domestic relationship that causes fear or any physical or psychological harm. This section elaborates that:

• Physical abuse means all acts whereby physical harm is inflicted upon a vulnerable person, psychological and verbal abuse.
• Psychological and verbal abuse entails the aggrieved individual suffering from a pattern of degradation or humiliating conduct by the abuser.

Additionally, the degrading and humiliating conduct mentioned in the beginning is defined in extensive detail:

1)   threats to cause physical pain to spouse or other members of the family.

2)   Bringing false allegations upon the character of a female member or any other member of the family.

3)   Compelling the wife to cohabit with anyone other than her husband.

4)   Threats of divorce or second marriage on baseless accusation of insanity or infertility.

• Sexual abuse includes any conduct of a sexual nature that abuses, humiliates,

degrades or otherwise violates the dignity of the vulnerable person.

Section 4 provides punishment where the Act does not fall under the Penal Code. It prescribes imprisonment ranging from six months to three years depending on gravity of the abuse, the fine prescribed would range between twenty thousand and three hundred thousand rupees which would be payable as compensation to the vulnerable person. In default of payment, the individual could be subject to additional imprisonment of a period of up to three months. It is also mentioned that abetment (instigating, conspiring with, or intentionally aiding another person to commit a crime. Defined under Section 107 of the Pakistan Penal Code (PPC)) would be subject to the same punishment of an abuser.

Section 6 states that the aggrieved person has the right to reside in the shared household regardless of ownership or title, alternatively, the victim can choose to reside in a shelter arranged by a service provider. This provision is significant due to the fact that it prevents eviction as a tool of abuse.

Section 8 covers both protection orders and residence orders. Upon satisfaction that domestic violence has taken place or is likely, the Court may:

Prohibit further violence, restrict communication including electronic communication, order the respondent to maintain distance, have the victim removed from the household in cases of grave violence, order police assistance and direct return of property or valuables. The Court may also impose financial obligations relating to rent or any other payments. This section is central to ensuring physical safety and residential security of the victim.

Section 9 The court may, at any stage of the trial, may pass interim order (legally binding ruling issued by a court or tribunal while a lawsuit or legal process is still ongoing) directing the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the victim and any child of the victim as a result of the domestic violence. The Court may order compensation for: Economic abuse, medical expenses, property damage or removal, maintenance for the aggrieved person and children. If the respondent fails to pay, the Court may direct the employer or debtor to deduct the amount and deposit it accordingly.

Section 10 covers custody orders, stating that the court may grant temporary custody during proceedings. If the aggrieved is a child, then the custody would be determined in accordance with the Guardians and Wards Act 1890. If the aggrieved in an adult, then the custody would be granted in accordance with the will of the aggrieved person.

Sections 19 and 20 provide for the appointment and duties of Protection Officers. These protections officers, (one male and one female) are designated to assist in duties such as: filing applications, ensuring legal aid, preparing domestic incident reports, arranging shelter, facilitating medical examination, and ensuring compliance with monetary relief orders.

Amendments:

As enacted in 2026, the Act currently stands in its original form without any amendments as of yet.

Key Cases:

Abbas Asif Zaman and another vs The State and others (2025 SCP 385)

In the present case, the complainant, a retired medical doctor, and senior citizen, alleged that his adult offspring’s, a daughter and a son, had unlawfully dispossessed him of his house; however, the Court noted that Petitioner No. 2 is the complainant’s daughter and a woman claiming shelter within the family home. In this context, the Court highlighted the relevance of the Sindh Domestic Violence (Prevention and Protection) Act, 2013, which defines an aggrieved person broadly and secures, through section 9, the right of residence of a woman, child or other vulnerable person in the shared household, subject to due process. The Act also mandates under section 19 the constitution of Protection Committees at district level with multi-disciplinary membership including psychology and social welfare expertise; however, the Court observed that its implementation remains uneven. It reiterated that the Government of Sindh must ensure that Protection Committees are fully constituted and functional in every district so that families are supported, and vulnerable persons safeguarded through protective civil mechanisms rather than resorting to over-broad penal process.

Mst. Zamarrud Jabir wife of Jabir Saddiq vs The State and others (2026 SHC KHI 183)

In a sessions case arising from a complaint by Mst. Shahzadi Alishba Khan alleging physical maltreatment, humiliation and criminal intimidation by her husband and mother-in-law within the shared household, with charges framed including under the Sindh Domestic Violence Act, 2013, the Trial Court allowed applications for forensic authentication of already-exhibited digital material and for summoning the author of the Medico-Legal Certificate. The Applicant challenged these interlocutory orders as belated and illegal, contending that they were passed after closure of prosecution evidence and at the stage of final arguments, and amounted to filling lacunae, whereas the complainant and the State argued that the direction merely sought expert evaluation of material already on record and summoning of a material witness essential for a just decision. The Court held that interlocutory procedural orders facilitating truth discovery are not ordinarily liable to interference unless manifestly illegal or without jurisdiction; that forensic authentication is permissible where authenticity is disputed; and that the Court may summon a material witness at any stage if essential to the just decision of the case. Finding no jurisdictional error or perversity, the Criminal Revision Application was dismissed.

Mst. Samrah Shear Rafeequi & ors vs The State & others (2025 SHC KHI 506)

The applicants challenged the orders whereby their complaint under the Domestic Violence (Prevention and Protection) Act, 2013 was dismissed by the learned Magistrate and such dismissal was upheld by the revisional Court. The applicants alleged physical, emotional, verbal/psychological, and economical abuse during the wedlock from 2012 to 2021, stating that two daughters were born from the marriage and that divorce was affected in October 2021, followed by litigation. The respondents contested the territorial jurisdiction, pointing out that the Act extends to the Province of Sindh and that prior proceedings before the Superior Court of California, County of Santa Clara, as well as decisions of this Court and the Family Court, had been decided in favour of respondent No.2, with no allegation of domestic violence raised therein. Upon examining the record, the Court observed that no medical evidence supported the alleged injuries, no such allegations were raised before the foreign Court, and even the children did not depose against their father; thus, no prima facie case was established. Holding that family litigation should not be converted into criminal litigation and finding the application motivated by ulterior motives, the Court dismissed the Criminal Misc. Application.

Implementation and Practical Effect:

The Domestic Violence (Prevention and Protection Act, 2026 has recognized that domestic violence is a major alarming catastrophe that needed to be broadened to prevent it and protect the victims suffering because of it. A primary practical effect of the Act is that it strengthens the victim’s position by codifying the right to reside in a “shared household” regardless of legal title or ownership, effectively removing the threat of homelessness as a tool of domestic abuse. Lastly, This Act proves to be a relief for many by recognizing abuse that has been normalized and overlooked by society. Although the Act prescribes strict punishments and fines for abuse, its broader practical goal is to eradicate the social normalization of domestic violence. If implemented the right way, it has the potential to significantly strengthen protections against domestic violence and reinforce the constitutional commitment to dignity and safety within your own home.