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Qatl and Its Kinds

The document defines and distinguishes between the four kinds of Qatl (homicide) under Pakistan's penal code: 1) Qatl-e-Amad is intentional killing and punishable by death, life imprisonment, or imprisonment. 2) Qatl-e-Shabih-e-Amad involves intent to harm but not kill, resulting in death. Punishable by up to 25 years imprisonment and diyat (compensation for victim's heirs). 3) Qatl-e-Khata is accidental killing through negligent act or mistake. Punishable by up to 10 years imprisonment. 4) Qatl-e-Bis-Sabab is causing

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Zohaib Asif
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613 views4 pages

Qatl and Its Kinds

The document defines and distinguishes between the four kinds of Qatl (homicide) under Pakistan's penal code: 1) Qatl-e-Amad is intentional killing and punishable by death, life imprisonment, or imprisonment. 2) Qatl-e-Shabih-e-Amad involves intent to harm but not kill, resulting in death. Punishable by up to 25 years imprisonment and diyat (compensation for victim's heirs). 3) Qatl-e-Khata is accidental killing through negligent act or mistake. Punishable by up to 10 years imprisonment. 4) Qatl-e-Bis-Sabab is causing

Uploaded by

Zohaib Asif
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© © All Rights Reserved
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Course Title: Introduction to Law-2

Course Code: LAW-1201

Session: 2019-23

Semester: 2nd

Question: Define Qatl and its kinds provided in the Pakistan Penal Code. Draw a distinction
between all of them.

Presented to: Ma’am Sadia Sarwar

Presented By: Muhammad Zohaib Asif (2219-BH-PS-19)


Qatl and Its Kinds
Introduction:
The fundamental goal of law is to protect the lives of citizens of society from offenders.
Conservation of life, religion, reason, lineage and property are fundamental goals of Islamic
Law. For protection of life, Islam has prohibited offense against life. As murder might be
such an offense against life, so Islam has furthermore banned exercise of homicide. To rebuff
killer and guard society from reoccurrence of this crime, Islam has given extreme disciplines.

Definition of Qatl:
The word “Qatl” is an Arabic word which means “to kill, put to death, to slaughter or
massacre”. Under the Section 299(j) of the Pakistan Penal Code, Qatl is defined as:

“Causing the death of a person”.

The Section 299 of the Indian Penal Code enacted by Lord Macaulay in 1860 has the
definition of murder as:

“Whoever causes death by doing an act with the intention of causing death, or with the
intention of causing such bodily injury as is likely to cause death, or with the knowledge
that his act is likely to cause death, commits the offence of culpable homicide.” 

Qati means the intentional killing of human being without legal justification or excuse and
under circumstances insufficient to reduce to crime to manslaughter. Qatl can be both lawful
and unlawful.

Kinds of Qatl:
There are four major kinds of Qatl mentioned in the Pakistan Penal Code:

1. Qatl e Amad
2. Qatl e Shabih e Amad
3. Qatl e Khata
4. Qatl e Bis-sabab

The elaboration of these types is as follows:

1. Qatl e Amad
Under the Section 300 of the Pakistan Penal Code, Qatl e Amad is defined as:

“When a person intends to cause death or bodily injury to another person, does an act,
which in ordinary course of nature is likely to cause death or which is done with
knowledge that his act is so imminently dangerous that it must in all probability cause
death, and causes death of such person, he/she commits qatl-i-amd.”

The punishment for Qatl e Amad is given as:


 Death as Qisas
 Death for Imprisonment For life
 Imprisonment,
 Qatl under Ikrah e Tam:

2. Qatl e Shabih e Amad:


This kind of Qatl is defined under the section 315 of the Pakistan Penal Code as follows:

“When a person intends to cause harm to body or mind of any person, and causes death
of that person or death of any other person by means of a weapon or an act which in
ordinary course of nature is not likely to cause death, he/she commits qatl-shibh-i-amd”

This Qatl is suggestive of the offense of instinctive homicide. Since the culprit has no
intention for the death of the fatality in this situation however is foolish with respect to the
outcomes of his activities and along these lines murders the person in question, his
wrongdoing is held to be less grave than that of Qatl-I-amd and subsequently rebuffed less
harshly.

Punishment For Qatl-i-Shibh-i-Amd Under Section 316 of P.P.C is

 Diyat and Imprisonment which may extend up to twenty five years in prison as tazir.

3. Qatl e Khata:
Qatl e Khata is defined under the section 318 of the Pakistan Penal Code as follows:

“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.”

The act must be mix-up of fact not mistake of law and foresightedness of the individual is
significant component in assurance of the criminal liability. The provision of the section will
just be relevant to the activity or oversight which is done under unexpected error of reality.
The activity which are managed without deliberation or aim or having foresightedness cause
the demise of human can be put under the arrangement managing Qatl-I-khata .

Punishment for Qatl-e-Khata under section 319 of the Pakistan Penal Code is as follows:

 Where the death of a person is caused by negligent act, accused will be punished with
imprisonment with the term of 5 years as tazir
 Where the death of a person is caused by negligent driving, accused will be punished
with imprisonment with the term of 10 years as Tazir

4. Qatl e Bis-Sabab:
The fourth type of Qatl, is defined by section 321 as:

“Whoever without any intention to cause death of, or cause harm to, any person, does
any lawful act which becomes a cause for the death of another person, is said to commit
qatl-bis-sabab.”
The Qatl-bis-sabab is murder without intention with respect to the charged, with the weapon
or instrument which is neither viewed as the instrument nor weapon. The component of
unlawful must be there for constitution of the offense under heading of Qatl-bis-sabab. The
charged ought not to have any aim or thought process or deliberation plan for commission of
offense and the condition proof must invalidate the goal of the blamed.

Under the Section 322 of the Pakistan Penal Code, the punishment for Qatl e Bis-Sabab is as
follows:

 The accused will be liable to Diyat only.

Type Intention Punishment Mens Rea


Qatl e Amad Present, to kill the Death, Qisas, Imprisonment Needs to be proved
victim (for life)
Qatl e Shabih e Present, to harm the Tazir(imprisonment of 25 Needs to be proved
Amad victim not to kill the years), Diyat
victim

Qatl e Khata Not present Tazir(Imprisonment for 5 to Needs not to be


10 years) proved
Qatl e Bis-Sabab Not present Diyat Needs not to be
proved

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