Picture a peaceful night in Sialkot, Punjab, suddenly ruined by a shocking find. A young boy, not even a teenager, is found with drugs in his possession. The boy, Suleman, says his cousin gave it to him, but the law looks at his father, Jannat Gull. Jannat is currently in court because he is accused of not taking care of his son and putting him in danger. This makes me wonder: Can a parent in Pakistan be denied bail for being abusive to their child? A Lahore High Court decision from 2025 gives answers and shows how important child protection laws are in Pakistan.
A Family in Trouble
A child’s life took a bad turn in the busy town of Hajipura, Sialkot. Child Protection Officer Nazar Muhammad followed a court order on November 11, 2024, to take Suleman, the son of Jannat Gull, into safe custody. The youngster, who was found with drugs, said that his cousin Musharaf Khan had provided them to him. Because he was so young, Suleman wasn’t charged with a crime and was instead put in the care of the Child Protection & Welfare Bureau. But for Jannat, the father, the effects were really bad. The police charged him with child cruelty under Section 328A of the Pakistan Penal Code (PPC) and with letting a youngster use drugs under Section 38 of the Punjab Destitute and Neglected Children Act (PDNCA). The question is: Can a parent in Pakistan be denied bail for being harsh to their child?
The prosecution made things look worse. They said that Jannat had let his son down by letting him become hurt. Suleman’s drugs suggested that he wasn’t taking care of the youngster, which could have put his physical and mental health at risk. As the case went on, the court had to decide whether or not to let the father who was accused of this crime go free on bond or if the law required tougher punishment.
The Fight in the Courtroom Begins
The Lahore High Court was about to make a very important decision. Jannat’s defense said that the charges under Section 328A PPC and Section 38 of PDNCA were bailable, which meant that he had the right to bail. They stressed that Section 497 of the Code of Criminal Procedure (CrPC) did not apply to the law’s prohibitory provision, which meant that leniency was needed. But the prosecution, with the help of the Child Protection Officer, stayed steady. They said that hurting a child, especially by a parent, was a terrible crime that society couldn’t ignore. The question remained: Is it possible for a parent in Pakistan to be denied bail for being harsh to their child?
The court looked into the law in further detail. Section 328A PPC, which was added in 2016, punishes people who willfully ignore or hurt a child with prison terms of one to three years and fines. Section 38 of PDNCA, on the other hand, is stricter and punishes people who give narcotics to kids with up to five years in prison and big fines. Section 38 is not bailable, unlike Section 328A, which means that Jannat’s situation is worse. The court also looked at Islamic teachings, such as the Prophet Muhammad’s (PBUH) emphasis on caring for children and the Quran’s command to keep families safe (Surah At-Tahrim, 66:6). Would these ideas change the decision?
Can a parent in Pakistan be denied bail for being cruel to their child?
The Lahore High Court made it clear that Jannat’s request for bail was denied. The court found enough evidence to link him to the crimes, thus they turned down the claim that bailable charges meant he would be released. The court said that bail could be denied in rare circumstances, especially those involving vulnerable children, citing cases like Abdul Rehman v. The State (2022 SCMR 526) and Nehal v. The State (2020 SCMR 2053). The answer to the question “Can a parent be denied bail for child cruelty in Pakistan?” was yes.
Section 328A PPC deals with cruelty to kids under 18, including neglect and actions that hurt them physically or mentally. Section 38 of PDNCA explicitly goes after people who give drugs to kids, which is a crime that can’t be paid for with bail under Section 42. The court said that Jannat’s supposed neglect could have caused Suleman to get involved with drugs, which would fit with both parts. The PDNCA’s Child Protection Court was in charge of a quick trial that put the safety of children first. This showed that the state has a duty to safeguard children. The court used the case of Raja Khurram Ali Khan v. Tayyaba Bibi (PLD 2020 Supreme Court 146) to make the point that laws against child abuse are there to protect future generations and should not be treated lightly.
This decision brings up an important question: Can a parent in Pakistan be denied bail for being harsh to their child? Yes, when the evidence shows that a child is being seriously neglected or put in danger, and when laws like PDNCA put the child’s safety above the parent’s rights. The court’s judgment shows how Pakistan’s laws are changing, with child protection being the most important thing.
A Bigger Problem for Society
The tragedy of Jannat is just one example of a bigger problem: the abuse of children in Pakistan. The court was upset with things like child begging, which is against the law in Section 36 of the PDNCA and the Punjab Vagrancy Ordinance of 1958. These rules are meant to stop things that take away children’s dignity, but they are nonetheless hard to enforce. The question still stands: In Pakistan, can a parent be denied bail for being abusive to their child? The answer is that the state is committed to strictly enforcing these laws.
In conclusion
The Lahore High Court’s 2025 decision makes it clear: Can a parent in Pakistan be denied bail for being abusive to their child? Yes, when what they do puts a child’s health at risk, like in Jannat Gull’s case. Section 328A of the PPC and Section 38 of the PDNCA are two Pakistani statutes that protect weak children. Courts are always required to defend these rights. Do you have a legal problem? Talk to a lawyer or tell your tale below.
Frequently Asked Questions
Under Pakistani law, what is child abuse?
Section 328A of the PPC says that child cruelty includes neglect, abandonment, or actions that hurt a kid under 18 physically or mentally. The punishment for this is up to three years in jail.
What does PDNCA do to keep kids safe in Pakistan?
The Punjab Destitute and Neglected Children Act 2004 sets up Child Protection Courts and punishes things like giving drugs to kids (Section 38) or making them beg (Section 36).
In Pakistan, can a parent be denied bail for being abusive to their child?
Yes, the Lahore High Court ruled in 2025 that bail can be rejected if there is proof of extreme neglect or endangerment, especially under non-bailable provisions like Section 38 of PDNCA.
Disclaimer: This blog is not the original text or legal opinion under the law; it is only a basic guide. Please read the original decision or talk to a lawyer for legal advice.
