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Definition of punishment:
Relevnt provisions:
Purpose of punishment
The punishments to which offenders are liable under the provisions of P.P.C
are as under.
1- Qisas
2- Diyat
3- Arsh
4- Daman
5- Tazir
6- Death
7- Imprisonment for life
8- Imprisonment which namely
(i) Rigorous i-e with hard labour
(ii)Simple
9- Forfeiture of property
10- Fine
(I)Qisas:
Qisas means To copy the other or to follow the part followed by the other.
The basic principle of Qisas is similarity. If similarity of injury is not possibleqisas may not be enforced.
(i) Definition u/SEC 299 (K):
Qisas means punishment by causing similar hurt at the same part of the
body of the convict as he has caused to the victim or by causing his death, if
he has committed qatl-i-amd in exercise the right of the victim or a wali
(ii) Exection of Qisas
There are four cases in which qisas is not applicable on the offender.
Death of offender:
Where the offender dies before the enforcement of Qisas.
Waiver by wali:
Where right of qisas is waived by any wali.
When the right of Qisas devolves on the offender as result of the death of the
Wali of the victim.
Wali has no right of Qisas:
Where right of Qisas devolves on the person who has no right of qisas against
the offender e.g the son cannot enforce qisas against his fayher.
(ll) Diyat:
Diyat means the compensation payable only in cases Qatl and not in cases of
hurt. It is payable only in cases where cases an offender guilty of qatle I
amd is not lible to qisas or where is not enforceable.
(i) Definition u/sec 299 (e):
iyat means the compensation specified in section 323 payable to the heirs of
the victim.
(III)ARSH:
Arsh is the kind of compensation payable at the causing of hurt.
(i) Definition u/sec299 (b):
Arsh means the compensation specified in P.P.C to be paid to the victim or
the heirs.:
(ii) Value of Arsh:
The value of Arch will be assessed at certain percentage indicated various
provisions of the value of diyat u/sec 323 P.P.C.
(III) Mode of payment:
The Arsh will be payable in lumpsun or in instalments spreading over three
years from the date of final judgement
(iii) Failure to pay Arsh;
In case of default, the offender may be kept in jail to serve the simple
imprisonment until Arsh is paid in full. It may be awarded in the following
section.
Section 334 P.P.C.
Section 337 P.P.C.
(iv) Daman:
The word Daman is actually Dhman. It means compensation which is
determined by the court.
(i) Definition u/sec 299 (d):
Daman names the compensation determined by causing hurt not liable to
arsh.
(ii) Value of Daman:
The value of daman will be determined by the court, Keeping in view:
(v) TAZIR:
(I) Definition u/sec 299 (1):
Tair means punishment other than Qisas, Diyat, arsh or Daman.
(iii) Punishment of Tazir:
Tazir may be inflicted by imposition of fine, imprisonment etc. it is the
punishment which is left to the discretion of the judge or court.
(iv) Death:
Death is the capital punishment that may be awarded for certain offences
under P.P.C. Such as:
(i) Waging war against Pakistan u/sea 121 P.P.C.
(ii) Murder u/sec 302, P.P.C.
(VIII) imprisonment:
Imprisonment means confinement of convict within certain prescribed limits.
The maximum period of imprisonment that can be awarded for an offence is
fourteen years u/sec 55 P.P.C and the shortest term provided for an offence
twenty four hours u/sec 510 P.P.C.
(I) Kind of imprisonment:
Rigorous :
In the case of rigorous imprisonment, the offender is put to labour such as
digging earth, drawing water etc.
Simple:
In the case of simply imprisonment the offender is confine
d to jail and is not put to any kind of work.
(x) Fine:
Fine is the punishment which may be awarded in some offences along with
the imprisonment. Fine is the only punishment provided for in section.
137, 154, 155, 156, 171-G, 171-H, 171- 1.278, 283, and 290, P.P.C
If the offence is punishable with imprisonment as well as fine the term shall
not exceed one fourth of the of imprisonment which is the maximum finds for
the offence.
If the offence is punishable with fine only, the imprisonment which the court
imposes in default of payment of fine shall be simple and term shall not
exceed the following scale.
Amount of fine Term of imprisonment in default of payment of fine.
i. Not exceeding Not exceeding 2 months
Rs. 50/.
(ii)Not exceedingRs.100/. Not exceeding 4 months
(iii)in any other case Not exceeding 6 months
Conclusion
To conclude, I can say, that it is basic of criminal justice that wrong dose
should be punished. To fulfil this aim section 53 of P.P.C provided different
kinds of punishment based on different theories viz deterrent, Retributive,
reformative compensatory, preventive etc apart these punishments the
punishment of whipping. Added by whipping act may also be awarded and
juvenile offenders, sentenced to imprisonment may be sentenced to and
detained in a reformatory school for a period of 3 to 7 years.
commits qatl-i-amd.
Essential Ingredients of Qatl-e-Amd Under Section -300 of P.P.C
The essential ingredients of the definition of Qatl-i-Amd as provided in the
Pakistan Penal Code are as follows
v Causing death of a human being
v Such death must be caused by doing an act
v With the intention of doing bodily injury to that person
v The act in the ordinary course of nature is likely to cause death.
v With the knowledge that the act is so imminently dangerous that it must in
all probability cause death
Illustrations
A shoots Z with the intention of killing him. Z dies in Consequences A
commits this offence.
Punishment Against Qatl-i-Amd
Followings punishments can be awarded against commission of Qatl-i-Amd
(i) Death as Qisas
A person, who commits Qatl-i-amd, can be punished with death as Qisas.
Qisas
Qisas means to copy the other or to follow the path followed by other or to
act like the act of another. The basic principle of Qisas is similarity. If
similarity of injury is not possible Qisas may not be enforce. In Qatl-i-Amd the
difference between punishment of Qisas and punishment of death lies in the
mode of execution of sentence.
(ii) Death or Imprisonment For life
The punishment of death or imprisonment for life as tazir especially when
proof against commission of such qatl is not available through voluntary and
true confession of convict before a court competent to try such qatl according
to Article 17 of Qanun-e-Shahadat.
(iii) Imprisonment, which can extend to twenty five years
When punishment of Qisas is not applicable against commission of qatl-i-amd
according to Injunctions of Islam, a person, who commits qatl-i-amd, can be
1.
2.
3.
4.
5.
(iii) Qatl-i-Khata
When a person does not intend to cause death of a person or cause harm to a
person, and causes death of such person either by mistake of act or by
mistake of fact, he/she commits qatl-i-Khata.
Explanations
v A shoots at a deer but misses the target and skills Z who is standing by A is
guilty of Qatal-i-Khata.
v A shoots at an object to be deer but it turns out to be a human being A is
guilty of Qatl-i-Khata
Essential ingredients of Qatl-i-Khata Under section 318 of P.P.C
In order to hold a person liable to Qatl-i-Khata following essential must be
shown
6.
7.
8.
To cause death
9.
10.
By mistake or act
Qatl-i-Bis-Sabab
When a person does not intend to cause death of another person or cause
harm to another person, and does any unlawful act, which becomes a cause
of death of this another person.
Essentials ingredients of Qatl-i-Bis-Sabab
Following are ingredients
To cause death, or
Cause bodily harm to the deceased
1.
Introduction:
Hurt is harm caused to human body other than death. In P.P.C, human body
has been divided into various section and keeping in view those various
section, five kinds of hurt have been stated in section 332.P.P.C and also
provides punishment for hurt In other various provisions.
2. Relevant Provision:
Following are the relevant provisions of P.P.C. regarding the concerned topic.
Section 332 to 337 P.P.C.
3. Definition Of Hurt U/Sec 332(I):
whoever causes pain, harm, disease infirmity or injury to any person or
impairs, disable or
Or dismembers any organ of the body or part thereof any person without
casing his death, is said to cause hurt.
4. Kinds Of Hurt U/Sec 332(2):
Following are the kinds of hurt.
(i) 1tlaf-Ude
(ii) 1tlaf i- Salahiyat-1-Udw
(iii) Shajjah
(iv) Jurh
(v) All kinds of other hurt
(I) 1tlaf-I-Udw:
(i) Litearl Meaning:
The word 1tlaf means to destroy and Udw means limb or organ.
(ii) Meaning U/sec 333:
Whoever dismembers, amputates severs any limb or organ of the body of
another person is said to cause 1taf-i-udw.
(iii) Punishment U/sec 334:
Whoever by doing any act with the intention of thereby causing hurt to any
person or with the knowledge that he is likely to cause hurt to any person
causes 1ylaf-i-udw of any person shall be punished with:
A.
Qisas in consultation with the authorized medical officer, that is the
court will require the authorized medical to appear as a witness to give
opinion, in view principles of equality.
Illustration:
An offender inflicts blow with sword resulting amputation of one- fourth of left
forearm. The punishment of qisas will be executable only if the authorized
medical officer an opinion the similar result could possible be achieved
without any additional damage to the offender.
B.
Arsh if the qisas is not executable and is mandatory upon the court
and may also be punished with imprisonment either description for a term
which may extend to ten years A TAZIR and it is discretionary with the court.
(II) 1tlaf-i-shalahiyat-1-udw:
(i) Meaning U/sec 335:
1tlaf i- salahiyat-1-udw means destroying or permanently impairing the
functioning power or capacity of a person or casing permanent disfigurement
of some organ.
(ii) Punishment U/sec 336:
The punishment for 1talf i-Salahiyat-1-udw is the same as provided for 1tlafi-udw is sec 334.
(III) SHAJJAH:
(i) Literal Maening:
It is an Arabic word which means injuries on hard or face.
(ii) Meaning U/sec 337:
Any hurt on the face or heard of a person which dose not amount to 1tlaf-iudw or 1tlaf-i-salahiyat-i-udw is called shajjah.
(iii) Kinds of Shajjah U/sec 337(2):
Following are the kinds of shajjah
a. Shajjah-i-Khafifah
b. Shajjah-i-Mudihah
c. Shajjah-i-Hashimah
d. Shajjah-i-Munaqqilah
e. Shajjah-i-Ammah
f. Shajjah-i-Damighah
a. Shajjah-i-khafifah :
It means hurt by any weapon on head or face without exposing bone of the
victim.
Punishment causing it , shall be liable to daman , which is mandatory and is
to be finds by court in its discretion and may also be punished with
imprisonment of either description for a term which may extend to two years
as Tazir.
b. Shajjah-i-Mudihah:
It means simple hurt by any weapon on head or face where thought bone is
exposed but on fracture is caused.
Punishment U/sec 337-A(ii):
The person causing it shall be punished with qisas after consultation with the
anthorized medical officer and if it not executable, the convict shall be liable
to Arsh which shall be five person of value of Diyat and may also be punished
with imprisonment of either description for a team which may extend to five
years as tazir.
c. Shajjah-i-hashimad
It is grievous hurt by any weapon on head or face, resulting in fracture of
bone of the victim without dislocation it.
Punishment U/sec 337-A(iii):
The person causing it 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
team which may extend to ten years as Tazir.
d. Shajjah-i-Munaqqilah:
It is grevious hurt by any weapon on head or face, resulting in fracture and
dislocation of bone of victim.
Punishment U/sec 337-A(iv):
The person causing it shall be liable or arsh which shall be 15% of the diyat
and may also be punished with imprisonment of either description for a term
(IV) Jurh:
Literal Meaning:
The word jurh is derived form the word Jarroh which means injury.
Meaning U/sec 337-B(1):
Jurh means injury on any part of the body of a person, other than the head or
face, which leaves a mark of the, wound whether temporary or permanent.
Other Hurt:
A hurt which is not covered by any of the four clauses give above, and which
endangers life or causes the sufferer to remain server bodily pain for 20 day
or more or render him unable to follow the ordinary pursuits for 20 days or
more, is covered by daman and may be imprisoned up to seven years, and if
it is not of kind mentioned here before the punishment shall be imprisonment
which may extend to two years or with daman or both.
CONCLUION:
To conclude, I can say, that the punishments of hurt has been provided by
ordinance in accordance with the injunction of Islam and each offence is
described explicitly and the punishment of Ars/Damann has been made as
substantive offence.