Legal Importance of Age in Pakistan

1.       Criminal Responsibility

“Nothing is an offence, which is done by a child under 7 years of age” (S. 82 PPC)

“Nothing is an offence which is done by a child above 7 years of age and under 12, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion” (S. 83 PPC)

2.       Consent

“A consent is not such a consent as is intended by any action of this code unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age” (S. 90 PPC)

3.       Minimum age of Marriage

Minimum age of marriage for male is 18 years

Minimum age of marriage for female is 16 years

4.       Attainment of Majority

At age of 21 years, one has:

1. the right to vote
2. the right to make a valid will

A minor is incapable of selling his property or making a valid will or serving on jury

5.       Judicial Punishment

The punishments to which offenders are liable under the penal code are:

1. Death
2. Transportation
3. Imprisonment, which is either rigorous (i.e. hard labor) or simple
4. Forfeiture of property
5. Fine

Persons under 18 are not sentenced to death.

6.       Employment/Retirement

Minimum age of employment is 15 years, child labor is prohibited legally.

For government services, ordinary limit is 25 years.

7.       Age of Viability

28 weeks is the age of viability.

The charge of infanticide fails if it is proven that fetus was below 28 weeks of pregnancy, as an infant born at this period is not capable of a separate existence after birth.

Abortion is less an offence if the child is non-viabile.

8.       Rape

Sexual intercourse with a woman without her consent is called rape. Under our law, a woman under 14 years of age can never be a consenting party. If the wife is under 13 years of age, and is not a consenting party, the husband may be guilty of rape on his wife.

9.       Personal Identification
10.   Infanticide