Abstract
Section 164 statements can be taken at any time during investigation of alleged abductions in Pakistan. The independence of such statements is open to question when they are taken in the presence of the alleged abductor. To assess the processes adopted for investigation and prosecution of alleged abductors of girls and women in a defined community, data were collected on abductees in 2022 and 2023 in the four districts of Dera Ghazi Khan, Punjab. Police reports were analysed for abducted girls: under 16, 16–18 and over 18. The number of cases almost doubled during the period. Girls under 16 were significantly more likely to be abducted than those aged 16–18 (p < 0.005), who were significantly more likely to be abducted than those over 18 (p < 0.02). In all three groups the abductor was significantly more likely to be physically present in court when a statement was taken from the abductee as to the events of the alleged abduction than her parents (p < 0.001). Abductions were twice as common in rural districts and abductors significantly more likely to be in court than parents (p < 0.01). The paper proposes an educational and research strategy to address these issues with formal training programmes for police, magistrates and judges to clarify their understanding of the relationship between statutory law and sharia and the need not to base their decisions on traditional cultural views.
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