Section # 301.
Section # 302.
Section # 303.
QatI committed under 'ikrah-i-tam or Ikrah-i-naqis'. Whoever commits qon,
(a) under ikrah-i-tam shall be punished with Imprisonment for a term which may extend to twenty-five years but shall not be less than ten years and the person causing 'ikrah-i-tam' shall be punished for the kind of qatf committed as a consequence of his ikrah-i-tam: or
(b) under ikrah-i-naqis' shall be punished for the kind of qati committed by him and the person causing 'ikrah-i-naqis' shall be punished with Imprisonment for a term which may extend to ten years.
Notes: Ikrah-i-tam-Three requirements (!) putting any person, his spouse or any of his bity^d relations within the prohibited degree of marriage in fear of instant death: or (H) instant permanent impairing of any organ of the body; or (Hi) instant fear of being subjected to sodomy or zina-bil-jabr. PLD 1997 Lah 110.
Section # 304.
Proof of qatl-i-amd liable to qasas, etc. (1) Proof of qatl-i-amd liable to q/sas shall be in any of the following forms, namely:
(a) the accused makes before a Court competent to try the offence a voluntary and true confession of the commission of the offence; or
(b) by the evidence as provided in Article 17 of the Qanun-e-Shahadat, 1984 (P.O. No.10 Of 1984).
(2) The provisions of sub-section (1) shall, mutatis mutandis, apply to a hurt liable to q/sas.
Notes: Confessional statement should be accepted or rejected as a whole, 1994 SCft^ft 1504. Defence version belied. 1994 MLD 331. Two versions. 1994 1994 P.Cr.LJ. 382. Self defence. 1994 SCMR 1161. Defence plea taken under S. 342, Cr.P.C.-Not confession. 1994 MLD 1704. One tainted piece of evidence cannot corroborate another tainted piece of evidence. 1997 P.Cr.L.J. 71.
Section # 305.
Wall.- In case of a qatt. the wall shall be
(a) the heirs of the victim, according to his personal law; and
(b) the Government, if there is no heir.
Section # 306.
Qatl-i-amd not liable to qisas. --0af/-/-amc/ shall not be liable to qisas In the following cases, namely;
(a) when an offender is a minor or insane'-
Provided that, where a person liable to q/sas associates with himself in the commission of the offence a person not liable to qisas with the intention of saving himself from q/sas, he shall not be exempted from q/sas;
(b) when an offender causes death of his child or grandchild how low-so-ever; and
(c) when any wall of the victim is a direct descendant, how low-so-ever, of the offender.
Notes: Qatl-i-amd-Husband killing his wife leaving behind his minor daughter-Not liable to Qisas. PLD1994 S.C. 885
Section # 307.
Cases in which qisas for qatl-i-amd shall not be enlorced. (1) Qisas for qatl-i-amd shall not be enforced in the following cases, namely
(a) when the offender dies before the enforcement of q/sas;
(b) when any wall. voluntarily and without duress, to the satisfaction of the Court, waives the right of qisas under section 309 or compounds under section 310; and
(c) when the right of q/sas devolves on the offender as a result of the death of the wall of the victim, or on the person who has no right of q/sas against the offender.
(2) To satisfy Itself that the wall has waived the right of qisas under section 309 are compounded the right of qisas under section 310 voluntarily and without duress the court shall take down the statement of the wall and such other persons as it may deem necessary on oath and record on opinion that it is satisfied that the waiver or, as the case may be, the composition, was voluntary and not the result of any duress.
Section # 308.
Punishment in qatl-i-amd not liable to qisas, etc."
(1) Where an offender guilty of qatl-i-amd is not liable to q/sas under section 306 or the q/sas is not enforceable under clause (c) of section 307, he shall be liable to diyat:
Provided that, where the offender is minor or insane, diyat shall be payable either from his property or by such person as may be determined by the Court;
Provided further that where at the time of committing of qatl-i-amd the offender being a minor, had attained sufficient maturity, or being insane had a lucid interval, so as to be able to realize the consequences of his act, he may also be punished with imprisonment of either description for a term which may extend to fourteen years as ta'zir.
Provided further that where the qisas is not enforceable under clause (c) of section 307 the offender shall be liable to rf/yaf-only if there is any wall other than offender and if there is no wall other than the offender, he shall be punished with imprisonment of either description for a term which may extend to fourteen years as ta'zir.
(2) Notwithstanding anything contained in sub-section (1), the Court having regard to the facts and circumstances of the case in addition to the punishment of diyat, may punish the offender with imprisonment of either description for a term which may extend to fourteen years, asfa'z/f.
Notes: Qatl-i'amd committed by the husband of his wife leaving behind child-Not liable to Qisas. PLD1994 S.C. fifi5.
Section # 309.
Waiver-Afw. (^^") of qisas in qatl-i-amd.
(1) In the case of qati-i-amd an adult sane wali may, at any time and without any compensation, waive his right of q/'sas;
Provided that the right of qisas shall not be waived (a) where the Government is the wall; or (b) where the right of qisas vests in a minor or Insane.
(2) Where a victim has more than one wa//, any one of them may waive his right of q/sas;
Provided that the wa// who does not waive the right of qisas shall be entitled to his share of diyat.
(3) Where there are more than one victim, the waiver of the right of qisas by the wall of one victim shall not affect the right of q/sas of the wa// of the other victim.
(4) Where there are more than one offenders, the waiver of the right of q/sas against one offender shall not affect the right of qisas against the other offender.
Notes: Qisas: Minor cannot be compelled under this section to waive right of this Qisas through his guardian. NLH 1993 Cr. Q. 56. Compromise in Hudood cases-Not allowable unless done before the matter is reported to the Court. PLD 1996 Quefta 56.
Waiver or compounding of offence-Guidelines:
(i) In case of Oatl-e-Amd, if the right of qisas is waived without any compensation, or compromise is arrived at between the parties, the application for permission to compound the offence shall be made under S. 310, P.P.C.
(H) In case Qatl'e-Amd, if the right of qisas is waived without any compensation or the legal heirs of the deceased compound their right of qisas within the meaning of S. 309 and 310 P.P.C. during the pendency of appeal, applications for permission to compound the offence shall be made under S. 310, P.P.C.
(Hi) Under S. 338-E(1), P.P.C.. subject to the provisions of Chapter XLV and S. 345 o/ the Cr.P.C. all offences under Chapter XLV, P.P.C. relating to homicide and hurt may be waived or compounded and the provisions of Ss. 309 and 310, P.P.C. shall, mutatis mutandis, apply to the waiver or compounding of such offence.
(iv) If a question arises as to whethw yiy person is or is not the legal heir of the deceased, such question shall be determined by the Court competent to receive application on the basis of waiver or compromise between the parties.
(v) For the purpose of determination of questions relating to the waiver of compounding of an offence, the accused and the legal heirs of the deceased shall be treated parties to the proceedings under S. 338-E(1). P.P.C. PLD 1997 S.C. 178.
Section # 310.
Compounding of qisas (Sulh) ( g^) in qatl-i-amd. (1) In the case of qatl-i'amd. an adult sane wall may, at any time on accepting badal-i-sulh. compound his right of q/'sas:
Provided that only giving a female in marriage shall not be a valid badal-i-sulh ( y^}-
(2) Where a Wali is a minor or an insane, the wall of such minor or insane wali may compound the right of qisas on behalf of such minor or insane wall'.
Provided that the value of badal-i-sulh shall not be less than the value of diyat.
(3) Where the Government is the wali. it may compound the right of qisas: Provided that ihe value of badal-i-sulh shall not be less than the value of diyat.
(4) Where the badal-i-sulh is not determined or is a property or a right the value of which cannot be determined in terms of money under Shariah (^f^) the right of qisas shall be deemed to have been compounded and the offender shall be liable to diyat.
(5) Badal-i'sulh may be paid or given on demand or on a deferred date as may be agreed upon between the offender and the wali.
Explanation. In this section Badal-i-sulh means the mutually agreed compensation according to Shanah to be paid or given by the offender to a wall in cash or In kind or in the form of movable or immovable property.
Not«6: Compounding of Qisas and offence-Two separate terms. 1992 P.Cr.LJ. 1960. Applicable in those cases where no right of Oisas waived. 1992 P.Cr.LJ. 1960. Punishment of Ta'zir after waiver or compounding of right of Qisas'-Can be awarded. PLD 1992 Pesh. 176. Question of waiver or compounding only arise after the accused is proved guilty. PLD 1992 Pesh. 187. Not retrospective. PLD 1992 Pesh. 187, Scope. PU 1994 Cri. C. 207.
Section # 311.
Ta'zlr after waiver or compounding of right of qisas in qatl-i-amd. Notwithstanding anything contained in section 309 or section 310 ^[where all the walls do not waive or compound the right of qisas or keeping in view the principle of fasad-fil-arz} the Court may, in its discretion having regard to the facts and circumstances of the case, punish an offender against whom the right of q/sas has been waived or compounded with imprisonment of either description for a term-which may extend to fourteen years as ta'zir.
Explanation.-For the purpose of this section, the expression fasad'fil-arz shall include the past conduct of the offender, or whether he has any previous convictions, or the brutal or shocking manner In which the offence has been committed which is outrageous to the public conscience, or if the offender is considered a potential danger to the community.
Notes: Provision attracted only when Court declines the permission for compounding offence under section 345 Cr.P.C. 1992 MLD 1590. Provision not to be revoked in case before commencement of Criminal Law Amendment Ordinance, 1990. 1992 MLD 2368. Partial compromise. Sentence may be awarded under S. 311, PPC. 1994 P.Cr.L-J. 1587. Court can award punishment by way of Tazir even after having accepted compromise. PLD 1996 Quetta 56. Section 311 PPC not compoundable. PLD 1997 Quetta 17.
12 As notified by Ordl. XC1X of 1995.
13 Ibid.
14 As subs. by Act It of 1997.
Section # 312.
Qatl-i-amd after waiver or compounding of qisas. Where a wafi commits qatl-i-amd of a convict against whom the right of q/sas has been waived under section 309 or compounded under section 310 such wali shall be punished with:
(a) q/sas, if he had himself waived or compounded the right of q/sas against the convict or had knowledge of such waiver or composition by another wall. or
(b) diyat, if he had no knowledge of such waiver or composition.
Section # 313.
Right of qi&as in qatl-i-amd.
(1) Where there Is only one wali, he alone has the right of q/sas in qatl-i-amd but, If there are more than one, the right of q/sas vests in each of them.
(2) If the victim
(a) has no waii the Government shall have the right of q/sas; or
(b) has no waH other than a minor or insane or one of the wali is a minor or insane, the father or if he is not alive the paternal grandfather of such wall shall have the right of q/sas on his behalf:
Provided that, If the minor or Insane wali has no father or paternal grandfather, how high-so-ever, alive and no guardian has been appointed by the Court, the Government shall have the right of q/sas on his behalf.
Section # 314.
Execution of qisas in qatl-i-amd.
(1) Qisas in qatl-i-amd shall be executed by a functionary of the Government by causing death of the convict as the Court may direct.
(2) q/sas shall not be executed until all the walis are present at the time of execution, either personally or through their representatives authorized by them in writing In this behalf:
Provided that where a wail or his representative fails to present himself on the date, time and place of execution of q/'sas after having been informed of the date, time and place as certified by the Court, an officer authorized by the Court shall give permission for the execution of q/sas and the Government shall cause execution of q/sas in the absence of such wa//.
(3) If the convict Is a woman who is pregnant, the Court may, in consultation with an authorized medical officer, postpone the execution of q/sas upto a period of two years after the birth of the child and during this period she may be released on bail on furnishing of security to the satisfaction of the Court or, If she is not so released she shall be dealt with as if sentenced to simple imprisonment.
Notes: Qisas-Execution of-Qisas is to be executed by a functionary of the Government QS required under S. 314, P.P.C. PLD 1996 S.C. 1.
Section # 315.
QatI shibh-i-amd. Whoever, with intent to cause harm to the body or mind of any person causes the death of that or of any other person by means of a weapon or an ao* which in the ordinary course of nature Is not likely to cause death is said to commit qati shibh-i-amd.
Section # 316.
Punishment lor QatI Shibhi-i-Amd. Whoever commits OatI Shibhi-Amd shall be liable to Diyat and may also be punished with imprisonment of either description for a term which may extend to fourteen years as tazir.
Notes: Defence plea sounding more plausible-Benefit should go to the accused. 1995 SCMFi 479.
Section # 317.
Person committing qati debarred from succession. Where a person committing qatl-i-amd or qati shibh'i-amd is an heir or a beneficiary under a will, he shall be debarred Irom succeeding to the estate of the victim as an heir or a beneficiary.
Section # 318.
Qatl-i-khata. Whoever, without any intention to cause the death of, or cause harm to a person, causes death of such person, either by mistake of act or by mistake of fact, is said to commit qail-i-khata.
Section # 319.
Punishment for qatl-i-khata.- Whoever commits qatl-i-khata shall be liable to diyat.
Provided that, where qatl-i'-khata is committed by any rash or negligent act, other than rash or negligent driving, the offender may, in addition to o'/yar, also be punished with imprisonment of either description for a term which may extend to five years as ta'zir.
Section # 320.
Punishment for qatl-i-khata by rash or negligent driving. Whoever commits qatl-i-khata by rash or negligent driving shall, having regard to the facts and circumstances of the case, in addition of diyat, be punished with imprisonment of either description for a term which may extend to ten years.
Notes: Rash driving-Does not contemplate mens rea. 1986 P.Cr.LJ. 330. Not the speed but negligent act constitutes offence. PLD 1997 Pesh 13. Ocular testimony interested and partial cannot be reiied upon without irrefutable corroboration. PLD 1997 Kar 14Q.
Section # 321.
Qatl-bis-Sabab. Whoever, without any intention to cause death of, or cause harm to, any person, does any unlawful act which becomes a cause for the death of another person, is said to commit qatl-bis-sabab.
Section # 322.
Punishment for qatl-bis-sabab. Whoever commits qati-bis-sabab shall be liable to diyat.
Notes: (1) Qatte-Amd is a premeditated murder (2) Qatie Shibeh Amd is murder when a person dies as a result of injury from something which is neither a weapon nor like a weapon. (3) Qatie Khata (homicide by error) is a result of error. (4) Oatle Misle Khata or homicide by quasi-error is when a person while sleeping falls on another person who is thereby killed or a person falls from a /DO/ on another person who is thereby kilted or some brick or piece of wood falling from the hand of d person by mistake drops on another person who is killed or a person riding on an animal trampled and thus killed the deceased. (5) The illustration of Qatie Bissabab is a person losing his life by falling into a well excavated by the accused on another person's land. PLD 1980 FSC 1. Due consideration to be given to the intention or sudden impulse. 1992 P.Cr.LJ. 1993. Negligence in medical treatment. 1989 P.Cr.LJ. 402 + PLD 1979 S.C- 377.
Section # 323.
Value of diyat.
(1) The Court shall, subject to the Injunctions of Islam as laid down in the Holy Qur'an and Sunnah and keeping in view the financial position of the convict and the heirs of the victim, fix the value of diyat which shall not be less than the value of thirty thousand six hundred and thirty grams of sliver.
(2) For the purposes of sub-section (1), the Federal Government shall, by notification in the official Gazette, declare the value of sliver on the first day of July each year [or] on such date as it may deem fit which shall be the value payable during a financial year,
Notes: Diyat money has to be fixed keeping in view the financial position of the accused. 1992 P.Cr.LJ. 153.
Valuation for 1994-1995-^e Notification No. SRO 647(1)/94 dated 1.7.1994 the value of 30,630 grams of silver has been declared to be Fts.2,02,923.75 for the purpose of sub's. (1) ofS323PPC.
Section # 324.
Attempt to commit qatl-i-amd. Whoever does any act with such intention or knowledge, and under such circumstances, that, if he by that act caused qatl. he would be guilty of qatl'i-amd. shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, and, if hurt is caused to any person by such act, the offender shall is[in addition to the imprisonment and fine as aforesaid] be liable to the punishment provided for the hurt caused:
Provided that, where the punishment for the hurt is qisas which is not executable, the offender shall be liable to arsh and may also be punished with imprisonment of either description for a term which may extend to seven years.
Notes: Ingredients. 1973 SCMfi 108. Sudden quarrel followed by sudden fight. PLD 1963 S.C. 152 (p. 156). Countercase. 1979 SCMft 193. Injury in the abdomen by knife. 1982SCMR 1141, Injuries by lathis or by lathat weapons. 1902 SCMfl 1113. Parties on inimical terms. 1981 SCMR 1243. Motive-Weakness/absence of-Not helpful if unimpeachable ocular evidence available. 1984 SCMfl 540. Compromise. 1983 SCMR 519, 1976 SCAW 193. Affidavit-Importance. PLD 1987 Sh. C. (AJ&K) 39. Supreme Court cannot substitute its own appraisal. 1972 SCMR 401. In/my caused by lathi. 1970 SCMFi 667. Omission to frame charge. 1970 SCMfi 450. Common object. 1970 SCMff 525. Individual act. PLD 1964 S.C. 177 (p. 184). Mens res-Existence or non-existence-crucial. PLD 1992 Pesh. 125. Offences underS. 337A (i), 337A (ii) not covered by the prohibition contained in S. 497 (i), Cr.P.C. 1995 PSC 721. Recovery evidence is a corroborative piece of evidence and if direct evidence is overwhelming and not discrepant and stems out of unimpeachable source, non-production of weapon of offence would not be fatal to the prosecution case. PLD 1996 Lah 126. Attempt-Two elements necessary'-Mens rea followed by an actus reus-'Criminal intent not an attempt. PLD 1996 Lah 126. S. 324/34-Offe^ce under S. 324/34 falls under prohibitory clause of S. 491(1) where the -^ed had taken active pan in occurrence. NLft 1998 SD 32.
Section # 325.
Attempt to commit suicide. Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. 15 Added by Cri. Law Third Amendment Ordi. 1964 w.e.f. 25.10.1994.
Section # 326.
Thug. Whoever shall have been habitually associated with any other or others for the purpose of committing robbery or child-stealing by means of or accompanied with qati, is a thua.
Notes: Administration of oath necessary-Witness can b6 re-summoned. PLD f996 Lah 391.
Section # 327.
Punishment. Whoever is a thug, shall be punished with imprisonment for Itfe, and shall also be liable to fine.
Section # 328.
Exposure and abandonment of child under twelve years by parent or person having care of tt.-Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Explanation. This section is not intended to prevent the trial of the offender for qatl-i-amd or qati shibh-i-amd or qatl-bis-sabab, as the case may be, if the child dies in consequence of the exposure.
Section # 329.
Concealment of birth by secret disposal of dead body.-Whoever, by secretly burying or otherwise disposing of the dead body of a child whether the child dies before or after or during its birth, Intentionally conceals or endeavours to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section # 330.
Disbursement of diyat. The diyat shall be disbursed among the heirs of the victim according to their respective shares in inheritance:
Provided that, where an heir foregoes his share, the diyat shall not be recovered to the extent of his share.
Section # 331.
Payment of diyat.
(1) The diyat may be made payable in lump sum or in Instalments spread over a period of three years from the date of the final judgment.
(2) Where a convict fails to pay diyat or any part thereof within the period specified in subsection (1), the convict may be kept in jail and dealt with in the same manner as if sentenced to simple imprisonment .until the diyat Is paid full or may be released on bail If he furnishes security equivalent to the amount of diyat to the satisfaction of the Court.
(3) Where a convict dies before the payment of diyat or any part thereof, it shall be recovered from his estate.
Section # 332.
Hurt.
(1) Whoever causes pain. harm, disease, infirmity or injury to any person or impairs, disables or dismembers any organ of the body or part thereof of any person without causing his death, is said to cause hurt.
(2) The following are the kinds of hurt;-
(a) Itlaf-i-udw (^^f^ . .
(b) Itlaf-l-salahlyyat-i-udw {_y^L^^
(c) Shajjah^");
(d) Jurh(^7):and
(e) All kinos of other hurts.
Section # 333.
ltlaf-1-udw. Whoever dismembers, amputates, severs any limb or organ of the body of another person is said to cause Itlaf-i-udw.
Notes: The offence signifies-destruction or amputation of any member or joint in the body. It falls within the ambit of grievous hurt.
Section # 334.
Punishment for HIaf-i-udw. Whoever by doing any act, with the intention of thereby causing hurt to any person, or with the knowledge that he Is likely thereby to cause hurt to any person, causes itiaf-i-udw of any person, shall, in consultation with the authorized medical officer, be punished with qisas, and if the qisas Is not executable keeping in view the principles of equality in accordance with the Injunctions of Islam, the offender shall be liable to arsh and may also be punished with imprisonment of either description for a term which may extend to ten years as fa'z//".
Section # 335.
ltlaf-1-ulahiyyat-l-udw. Whoever destroys or permanently impairs the functioning, power or capacity of an organ of the body of another person, or causes permanent disfigurement is said to cause itiaf-i-salahiyyat-i-udw.
Notes: The offence covers:
(i) Permanent impairing of the power of any member or joint. (H) Privation of sight of either eye, hearing of either ear, or of any member or joint. (Hi) Cutting of any lip.
(Iv) Uprooting of the hair of the head. eye, brows, eye laches or any other part of the body. (v) Privation of complete sight. -(vi) Privation of complete hearing. . (vH) Loss of sexual power. (viii) Cutting of nose-Part or whole. (ix) Loss of tooth other than milk tooth. (x) Loss of milk tooth if amounts to permanent loss of tooth. (xi) Loss of one finger or thumb whether of hand or foot. These fall within the ambit of grievous hurt.
Section # 336.
Punishment for. ltlaf-i-salahiyyat-1-udw. Whoever, by doing any act with the Intention of causing hurt to any person, or with the knowledge that he is likely to cause hurt to any person, causes itiaf-i-salahiyyat'i-udw, of any person, shall, in consultation with the authorized medical officer, be punished with qisas and tf the qisas Is not executable keeping in view the principles of equality in accordance with the Injunctions of Islam, the offender shall be liable to arsh and may also be punished with imprisonment of either description for a term which may extend to ten years as ta'zir.
Section # 337.
ShaIJah.
(1) Whoever causes, on the head or face of any person, any hurt which does not amount to Itlaf'i'udw or itiaf-i-salahiyyat-l-udw, is said to cause Shaf/ah.
(2) The following are the kinds of Shajjah. namely:
(a) Sha]]ah-i-Khafifah (^?^);
(b) Sha]}ah-i-mudihah (^^');
(c) Shaf/ah-i-hashfmah C^^);
(d) ShaHah-i-munaqillah (^**^),
(e) Shaffah-i-ammuh ( ^^}\ arid
(f) ShQuah-i-damighah {^^^y^}.
(3) Whoever causes ShQfjah' (i) without exposing bone of the victim, is said to cause Shaj/ah-i-khafifah:
(ii) by exposing any bone of the victim without dislocating ft, is said to cause Shajjah-i-mudihah;
(iii) by fracturing the bone of the victim and without dislocating tt, is said to cause
Shajjah-i-hashimah;
(iv) by causing fracture of the bone of the victim and thereby the bone Is dislocated, Is
said to cause Shajjah-i-munaqillah;
(v) by causing fracture of the skull of the victim so that the wound touches the membrane of the brain, Is said to cause Shaijah'i'ammah; and
(vi) by causing fracture of the skull of the victim and the wound ruptures the membrane of the brain Is said to cause Shafjah-i-damighah.
Section # 337-A.
Punishment of Shaijah. Whoever, by doing any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, causes:
(i) Shajjah-i-khafifah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to two years as ta'zir;
(ii) Shajjah-i-mudihah to any person, shall, in consultation with the authorized medical officer, be punished with q/'sas. and If the o/sas is not executable keeping in view the principles of equality in accordance with the Injunctions of Islam, the convict shall be liable to arsh which shall be five per cent of the diyat and may also be punished with imprisonment of either description for a term which may extend to five years as ta'zir;
(iii) Shajj'ah'i-hashimah to any person, shall be liable to arsh which shall be ten percent of the diyat and may also be punished with imprisonment of either description for a term which may extend to ten years as ta'zir;
(iv) ShaHah-i-munaqqillah to any person, shall be liable to arsh which shall be fifteen per cent of the diyat and may also be punished with imprisonment of either description for a term which may extend to ten years as ta'zir;
(v) Shajiah-i-ammah to any person, shall be liable to arsh which shall be one-third of the diyat and may also be punished with imprisonment of either description for a term which may extend to fourteen years as ta'zir, and
(vi) Shajjah-i-damighah to any person, shall be liable to arsh which shall be one-half of diyat and may also be punished with imprisonment of either description for a term which may extend to fourteen years as ta'zir.
Section # 337-B.
Jurh. (£^)
(1) Whoever causes on any part of the body of a person, other than the head or face, a hurt which leaves a mark of the wound, whether temporary or permanent, is said to cause jurh.
(2) Jurh is of two kinds, namely:
(a) Jaifah (^/^):and ^ (b) Ghayr-jaifah {^^.
Note: Jurh-Causing bodify injury or wound. 1092 KLfi (Cr.C.) 540.
Section # 337-C.
Jaifah. (1) Whoever causes/^7 In which the injury extends to the body cavity of the trbnk, is said to cause jQlfah.
Body cav^-Body cavity means a part of the body under which vital organs are located and if an injury penetrates into the body cavity and then enters that part of the body wherein vital organs are focated, onfy then that can be treated as Jaifah and punishment can be awarded accordingfy. PLD 1998 Lah64.
Section # 337-D.
Punishment of Jaifah. Whoever by doing any act with the intention of causing hurt to a person, or with the knowledge that he is likely to cause hurt to such person, causes jm'fah to such person, shall be liable to ar^h which shall be one-third of the diyat and may also be punished with Imprisonment of either description for a term which may extend to ten years as ta'zir.
Section # 337-E.
Ghayr-jalfah, Whoever ca^as/urh which does not amount to/a/feft, Is said to cause ghayr-faifah.
(2) The following are the kinds of ghayr-faffah. namely:
(a) Damiyah (--1*); (b) badi'ah^), (c) mutalahimah (^^o); (d) mudihah^), (e) hashimah; (rf^ft and (f) munaqqHlah (^t*^);
(3) Whoever causes ghayr-faifAh-
(i) (I)in which the skin is ruptured and bleeding occurs, is said to cause damiyah',
(ii) by cutting or Incising the flesh without exposing the bone, is said to cause badi'ah; (lif) by lacerating the flesh, (s said to cause mutalahimah; (Iv) by exposing the bone, Is said to cause mudihah; (v) by causing fracture of a bone without dislocating ft, Is said to cause hashimah; and (vi) by fracturing and dislocating the bone, is said to cause munaqqillah.
Section # 337-F.
Punishment of ghayr-jaifah.- Whoever by doing any act with the intention of causing hurt to any person, or with the knowledge that he is likely to cause hurt to any person, causes-
(i) damiyah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to one year as ta'zir;
(II) badi'ah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to three years as ta'zir,
(iii) mutaiahimah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to three years as ta'zir, mudihah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to five years; as ta'zir.
hashimah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to five years; and munaqqillah to any person, shall be liable to daman and may also be punished with imprisonment of either description for term which may extend to seven years as ta'zir.
Section # 337-G.
Punishment for hurt by rash or negligent driving. Whoever causes hurt by rash or negligent driving shall be liable to the arsh or daman specified for the kind of hurt caused and may also be punished with imprisonment of either description for a term which may extend to five years as ta'zir.
(a) Shajfah-i-Khafifah
(b) Shanah-i-mudihah
(c) Sha/fah-i-hashimah
(d) Shanah-i-munaqqilah
(e) Shajfah-i-ammah
(f) Shaffah-i-damighah
(g) Jaifah
(h) Ghayr-Jalfah
(i) Damiyah
(ii) Badiah
(iii) Mutulahimah
(iv) Mudihah
NOTES:
Hurt on head or face in which bone is not exposed
Hurt in which bone is exposed but not dislocated
Fracture of the bone without its dislocation
Fracture of bone by dislocation
Fracture of the skull when the wound touches membrance of the brain
Fracture of the skull when the wound ruptures the membrance of the brain
When the wound enters the body of the trunk (If the wound pierces through any part of the body the offender snail be guilty of causing jaifah for each of the wound separately)
Rupture of the skin causing bleeding
Bone not exposed
Lacerating the flesh Exposing the bone
Daman and imprisonment of either description for two years. (Bailable)
Qisas. Arsh and imprisonment of either description for five years (Not bailable)
Arsh, and imprisonment of either description for seven years. (Not bailable)
Arsh, and imprisonment of either description for ten years. (Not bailable)
Arsh, and imprisonment of either description for ten years. (Not bailable)
Arsh and imprisonment of either description for fourteen years. (Not bailable)
Arsh, and imprisonment of either description for ten years and punishment provided for Itlafi-udw or Itiaf-f-salahiyyal-i-udw if caused. (Not bailable)
Daman and imprisonment of either description for one year. (Bailable)
Daman and imprisonment of either description for three years. (Not bailable)
Daman and imprisonment of either description for three years. (Not bailable)
Daman and imprisonment of either description for five years (Not bailable)
(v) Hashimah Fracture without disposing ofborw Daman and imprisonment of either description for five years (Not bailable)
(vi) MunaQqHah Fracture and dislocation of bone Daman and imprisonment of either description for seven years. (Not bailable)
Section # 337-H.
Punishment of hurt by rash or negligent act.
(1) Whoever causes hurt by rash or negligent act, other than rash or negligent driving, shall be liable to arsh or daman specified for the kind of hurt caused and may also be punished with Imprisonment of either description for a term which may extend to three years as ta'zir.
(2) Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with Imprisonment of either description for a term which may extend to three months-or with fine. or with both.
Section # 337-I.
Punishment for causing hurt by mistake (khata). Whoever causes hurt by mistake (Khata) shall be liable to ersh or daman specified for the kind of hurt caused.
Section # 337-J.
Causing hurt by means of o poison. Whoever administers to, or causes to be taken by, any person, any poison or any stupefying, Intoxicating or unwholesome drug or such other thing with intent to cause hurt to such person, or with Intent to commit or to facilitate the commission of an offence, or knowing it to be likely that he will thereby cause hurt may, In addition to the punishment of arsh or daman provided for the kind of hurt caused, be punished, having regard to the nature of the hurt caused, with imprisonment of either description for a term which may extend to ten years.
Section # 337-K.
Causing hurt to extort confession, or to compel restoration of property. Whoever causes hurt for the purpose of extorting from the sufferer or any person interested in the sufferer any confession or any information which may lead to the detection of any offence or misconduct, or for the purpose of constraining the sufferer, or any person interested In the sufferer, to restore, or to cause the restoration of, any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security shall, in addition to the punishment of qisas, arsh or daman, as the case may be, provided for the kind of hurt caused, be punished, having regard to the nature of the hurt caused, with Imprisonment of either description for a term which may extend to ten years as ta'zir.
Section # 337-L.
Punishment for other hurt.
(1) Whoever causes hurt, not mentioned hereinbefore, which endangers life or which causes the sufferer to remain in severe bodily pain for twenty days or more or renders him unable to follow his ordinary pursuits for twenty days or more, shall be liable to daman and also be punished with Imprisonment of either description for a term which may extend to seven years.
(2) Whoever causes hurt not covered by sub-section (1) shall be punished with imprisonment of either description for a term which may extend to two years, or with daman or with both.
Section # 337-M.
Hurt not liable to qisas. Hurt shall not be liable to q/'sas in the following cases, namely:
(a) when the offender is a minor or Insane:
Provided that he shall be fiatUe to arsh and also to ta'zir to be determined by the Court having regard to the age of offender, circumstances of the case and the nature of hurt caused.
(b) when an offender at the instance of the victim causes hurt to him:
Provided that the offender may be liable to ta'zir provided for the kind of hurt caused by him.
(c) when the offender has caused Itlaf-f-udw of a physically imperfect organ of the victim and the convict does not suffer from similar physical imperfection of such organ:
Provided that the offender shall be liable to arsh and may also be liable to ta'zir provided for the kind of hurt caused by him; and
(d) when the organ of the offender liable to qisas Is missing:
Provided that the offender shall be liable to arsh and may also be liable to ta'zir provided for the kind of hurt caused by him.
Section # 337-N.
Cases in which qisas for hurt shall not be enforced.
(1) The qisas for a hurt shall not be enforced in the following cases, namely:
(a)when the offender dies before execution of qisas;
(b) when the organ of the offender liable to qisas is lost before the execution of q/sas:
Provided that the offender shall be liable to arsh, and may also be liable to ta'zif provided for the kind of hurt caused by him;
(c) when the victim waives the q/sas or compounds the offence with Bacfal-i-Sulh; or
(d) when the right of q/sas devolves on the person who cannot claim q/sas against the offender under this Chapter:
Provided that the offender shall be liable to arsh^ if there Is any wall other than the offender and if there is no wall other than the offender he shall be liable to ta'zir provided for the kind of hurt caused by him.
(2) Notwithstanding anything contained in this Chapter in all cases of hurt, the Court may, having regard to the kind of hurt caused by him In addition to payment of arsh, award ta'zir to an offender who is a previous convict, habitual or hardened, desperate or dangerous criminal.
Section # 337-O.
Wall In case of hurt.-ln the case of hurt the wall shall be
(a) the victim: Provided that, if the victim Is a minor or insane, his right of q/sas shall be exercised by his father or paternal grandfather, how-high-so-ever;
(b) the heirs of the victim, if the later dies before the execution of q/sas; and
(c) the Government, in the absence of the victim or the heirs of the victim.
Section # 337-P.
Execution of qisas for hurt.
(1) Qisas shall be executed In public by an authorized medical officer who shall before such execution examine the offender and take due care so as to ensure that the execution of qisas does not cause the death of the offender or exceed hurt caused by him to the victim.
(2) The wall shall be present at the time of execution and (f the wall or his representative is not present, after having been Informed of the date, time and place by the Court, the officer authorized by the Court In this behalf shad give permission for the execution of qisas
(3) If the convict Is a woman who Is pregnant, the Court may, In consultation with an authorized medical officer, postpone the execution of qisas upto a period of two years after the birth of the child and during this period she may be released on bail on furnishing of security to the satisfaction of the Court or, if she Is not so released, shall be dealt with as if sentenced to simple Imprisonment.
Section # 337-Q.
Arsh for single organ*. The arsh for causing itiaf of an organ which. ^ found singly in a human body shall be equivalent to the value of diyat.
Explanation. Nose and tongue are Included In the organs which are found singly In a human body.
Section # 337-R.
Arsh of organs in pairs. The arsh for causing itiaf of organs found In a human body In pairs shall be equivalent to the value of diyat and if itlaf is caused to one of such organs the amount of arsh shall be one-half of the diyat:
Provided that, where the victim has only one such organ or his other organ Is missing or has already become incapacitated the arsh for causing itiaf of the existing or capable organ shall be equal to the value of diyat.
Explanation. Hands, feet, eyes, lips and breasts are included in the organs which are found in a human body in pairs.
Section # 337-S.
Arsh for organs in quadruplicate. (1) The arsh for causing itiaf of organs found in a human body in a set of four shall be equal to
(a) one-fourth of the diyat. if the itiaf is one of such organs;
(b) one-half of the diyat. if the itiaf Is of two such organs;
(c) three-fourths of the diyat. If the itiaf is of three of such organs; and
(d) full diyat, if the itiaf is of all the four organs. Explanation. Eyelids are organs which are found in a human body in a set of four.
Section # 337-T.
Arsh for fingers.
(1) The arsh of causing itiaf of a finger of a hand or foot shall be one-tenth of the diyat.
(2) The Qrsh of causing itiaf of a joint of a finger shall be one-thirteenth of the diyat:
Provided that where the itiaf Is of a Joint of a thumb, the arsh shall be one-twentieth of the diyat.
Section # 337-U.
Arsh for teeth.
(1) The arsh for causing /'f/a/of a tooth, other than a milk tooth shall be one-twentieth of the diyat.
Explanation. The impairment of the portion of a tooth outside the gum amounts to causing itiaf of a tooth.
(2) The arsh for causing /f/a/ of twenty or more teeth shall be equal to the value of diyat.
(3) Where the Mat is of a milk tooth, the accused snail be liable to c/aman and may also be punished with imprisonment of either description for a term which may extend to one year.
Provided that, where itiaf of a milk tooth impedes the growth of a new tooth, the accused shall be liable to arsh specified In sub-section (1).
Section # 337-V.
Arsh for hair. Whoever uproots-
(a) all the hair of the head, beard, moustaches, eyebrow eyelashes or any other part of the body shall be liable to arsh equal to diyat and may also be punished with imprisonment of either description for a term which may extend to three years as ta'zir,
(b) one eyebrow shall be liable to arsh equal to one-half of the diyat: and
(c) one eyelash shall be liable to arsh equal to one-fourth of the diyat.
(2) Where the hair of any part of the body of the victim are forcibly removed by any process not covered under sub-section (1), the accused shall be liable to daman and imprisonment of either description which may extend to one year.
Section # 337-W.
Merger of arsh. (1) Where an accused causes more than one hurt, he shall be liable to arsh specified for each hurt, separately:
Provided that, where
(a) hurt is caused to an organ, the accused shall be liable to arsh for causing hurt to such organ and not for arsh for causing hurt to any part of such organ; and
(b) the wounds join together and form a single wound, the accused shall be liable to arsh for one wound.
Section # 337-X.
Payment of airsh.
(1) The arsh may be made payable in a lump sum or in instalments spread over a period of three years from the date of the final judgment.
(2) Where a convict faU*-to pay arsh or any part thereof within the period specified in subsection (1), the convict may be kept in jail and dealt with in the same manner as if sentenced to simple imprisonment until arsh is paid in full or may be released on bail if he furnishes security equal to the amount of arsh to the satisfaction of the Court.
(3) Where a convict dies before the payment of arsh or any part thereof, it shall be recovered from his estate.
Section # 337-Y.
Value of daman. (1) The value of daman may be determined by the Court keeping In view-
(a) the expenses incurred on the treatment erf the victim; (b) loss or disability caused In the functioning or power of any organ; and (c) the compensation for the anguish suffered by the victim.
(2) In the case of non-payment of daman, It shall be recovered from the convict and until daman is paid in full to the extent of his liability, the convict may be kept in jail and dealt with In the same manner as if sentenced to simple imprisonment or may be released on bail if he furnishes security equal to the amount of daman to the satisfaction of the Court.
Section # 337-Z.
Disbursement of arsh or daman. The arsh or daman shall be payable to the victim or If the victim dies, to his heirs according to their respective shares in inheritance.
Section # 338.
Isqat-i-HamI Whoever causes a woman with child whose organs have not been formed, to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman or providing necessary treatment to her, Is said to cause isqat-i-hamf.
Explanation. A woman who causes herself to miscarry Is within the meaning of this section.
Notes: QatI committed on account of Ghariat.
Section # 338-A.
Punishment for 'isqat-1-haml'. Whoever causes 'isqat-1-haml' shall be liable to punishment as tazir.
(a) with imprisonment of either description for a term which may extend to [three]17 years, if isqat-i-hami is caused with the consent of the woman: or
(b) with imprisonment of either description for term which may extend to [ten]18 years if isqat-i-hamt is caused without the consent of the woman;
Provided that, if as a result of isqat-i-hami any hurt Is caused to the woman or she dies. the convict shall also be liable to the punishment provided for such hurt or death, as the case may be.
Section # 338-B.
Isqat-i-janin ^/^^l). Whoever, causes a woman with a child some of whose limbs or organs have been formed, to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman, Is said to cause Isqat-i-janin.
Explanation. A woman who causes herself to miscarry Is within the meaning of this section-
Section # 338-C.
Punishment for Isqat-i-janin. Whoever causes Isqai-i-fanin shall be liable to:
(a)one-twentieth of the diyat if the child Is born dead;
(b) full diyat if the child is born alive but dies as a result of any act of the offender, and
(c) imprisonment of either description for a term which may extend to seven years as tazir.
Provided, that, if there are more than one child in the womb of the woman, the offender shall be liable to separate, diyat or tazir. as the case may be, for every such child:
Provided further that if, as a result of Isqat-i-janin, any hurt is caused to the woman or she dies, the offender shall also be liable to the punishment provided for such hurt or death, as the case may be.
Section # 338-D.
Confirmation of sentence of death by way of qisas or tazir, etc.- A sentence of death awarded by way of qisas or tazir. or a sentence of qisas awarded for causing hurt, shall not be executed, unless it is confirmed by the High Court.
Section # 338-E.
Section # 338-F.
Section # 338-G.
Section # 338-H.
Section # 339.
Section # 340.
Section # 341.
Section # 342.
Section # 343.
Section # 344.
Section # 345.
Section # 346.
Section # 347.
Section # 348.
Section # 349.
Section # 350.
