Cybercrime as a Reflection of Real-World Offences: An Analytical Study of Investigation and Prosecution in Pakistan

Abstract

Article 14 of the Constitution of Pakistan, 1973 recognizes the right to privacy as integral to human dignity and freedom, a protection extended to cyberspace through the landmark Benazir Bhutto case, wherein surveillance, phone tapping and eavesdropping were declared unconstitutional. Despite this constitutional protection, Pakistan’s legislative framework remains insufficient to address gender-based abuse online. Early efforts under the 2007 PECO lacked detailed definitions and proportional punishments for cyber harassment. The 2016 PECA introduced offences such as cyberstalking (Section 25), harm to dignity (Section 20), and offences against modesty and minors, including pornography (Sections 21–22). However, these provisions remain gender-neutral and fail to capture the full spectrum of online gendered abuse. Defamation laws (2002, 2004) further criminalize defamatory digital content but do not specifically address gendered harms. Other statutes, such as the Workplace Harassment Act, apply only in limited contexts, and PPC/CRPC provisions are largely confined to physical-world offences. Consequently, Pakistan lacks a comprehensive and gender-sensitive legal framework to effectively define, categorize, and penalize cyber-based gender abuse. Immediate legislative reform is needed to close these gaps.