CODE OF CRIMINAL PROCEDURE 1898

COMPLETE NOTES
PREPARED BY:
ADVOCATE ABDUL WAHID
INFORMATION SECRETARY (PSLF)
CONTACT: 03000867149
  CODE OF CRIMINAL PROCEDURE 1898
 1. Code of Criminal Procedure was enacted on 22nd March 1898.
 2. Code of Criminal Procedure was enforced on 1st July 1898.
 3. Code of Criminal Procedure contains 565 sections and 5 Schedules.
 4. Code of Criminal Procedure is a procedural law.
 5. Session Court has power to award death punishment or imprisonment for life.
 6. Assistant Session Judge has power to award death punishment or imprisonment for life.
 7. Additional Session Judge has power to award imprisonment up to 7 years.
 8. Magistrate 1st Class has power to award imprisonment up to 3 years.
 9. Magistrate 2nd Class has power to award imprisonment up to 1 year.
 10. Magistrate 3rd Class has power to award imprisonment up to 1 month.
 11. Criminal Procedure code gives us the procedure for hearing and punishing or acquitting an accused.
 12. Criminal procedure code is a procedural and substantive law.
 13. FIR stands for first information report.
 14. Cognizable cases mean, cases in which the police officer, in charge of a police station,shall investigate without the order of the Magistrate.
 15. Non-Cognizable cases means, cases in which the police officer, in charge of a police station can't investigate without the order of the Magistrate.
 16. A cognizable offence means an offence in which a police officer may in accordance
 with the second Schedule of the crpc, or under any special law for the time being enforce, arrest the person accused of such offence without warrant.
17. Non-cognizable offence means an offence in which the police officer may not arrest a person without warrant.
18. FIR is not substantive evidence and can be used only for limited purposes like corroborating or contradicting the maker
thereof.
19. The object of FIR is to obtain the earliest information of the alleged criminal activity, before there is time for them to be
forgotten or embellished, and the report can be put in evidence when the informant is examined.
20. An accused person has been described as Child of Law.
21. Trial is a judicial proceeding which ends in conviction/acquittal.
22. The form of FIR contains 6 columns.
23. A Police officer is bound to bring a person arrested by him before the court within 24 hours.
24. Charge means the precise formulation of specific accusation made against a person; it
shall give the accused full notice of offence charged against him.
25. Offence has been defined in CRPC as any act or omission made punishable by any law for the time being enforce,
26. Both, Inculpatory and Exculpatory confessions can be seen when the offence has been
committed by more than one accused. Expert means a person who is skilled by special
study or experience and has adequate knowledge of the subject.
27. Evidence of third person is evidence and demands of law are that any person must depose to facts within his own
knowledge.
28. Whether the death of "A" was caused by poison, the opinion of expert as to the symptoms produced by the poison by
which "A" is supposed to have died, are relevant.
29. It is the duty of court to decide whether the skills of any person in the matter on which evidence of his opinion is required is enough to entitle him to
be considered as an Expert Opinion.
30. Confession is an admission made at any time during investigation by a person charged with an offence.
31. Confession suggests an inference that the person (who made confession) has committed the offence.
32. A declaration is not a Confession if it is not made with an animus-confitendi, that is with an intention to confess, or if it does not amount to an
admission of facts from which guilt is directly deducible.
33. A confession may be recorded by a Magistrate of first or second class, specially empowered in this behalf by the Provincial Government.
34. Confessions are of two types, Exculpatory and Inculpatory.
35. Exculpatory confession is one in which the accused excludes himself and merely proves his innocence.
36. In Inculpatory confessions, accused includes himself in the commission of offence.
37. When confession is made confrontable, then the Statement shall be signed by the accused and by the Magistrate. Confession can be recorded in the
course of
investigation or inquiry or at any time afterwards, before the commencement of trial.
38. Before recording a confession, the Magistrate explains to the person that he is not bound to make it, and if he makes it, it can be used in evidence
against him.
39. The Magistrate should not record the confession unless upon questioning the person making it, he has reason to believe that it is voluntarily made.
40. There are two kinds of Confessions, Judicial confession and Extra-Judicial confession.
41. Confession shall be recorded in the form of questions and answers, put to a person who make it.
42. confession must be in the language in which he is examined, or if it is not practicable, then in the language of court or English.
43. After making confession, the record of that must be shown or read over to the person making the confession and if necessary, it shall be interpreted
to him in the language, which he understands.
44. The Magistrate shall make a memorandum at the foot of such record of confession to the effect as provided in section 164 of criminal procedure
code.
45. Judicial confessions are those which are made before a Magistrate in the due course of legal proceedings.
46. Extra-Judicial confessions are those which are neither made to a Magistrate nor in the due course of legal proceedings.
47. Grant of bail in bailable offences is discussed under section 496.
48. Grant of bail in non-bailable offences is discussed under section 497.
49. bail shall not be granted in cases punishable with death, imprisonment for life or for 10 years. But exception for bail in non-
bailable offences are, where the person accused is under the age of 16 years, any woman, any sick person, any infirm person.
50. Section 403 Cr.P.C is based on the ancient maxim NEMO DEBTS BIS UEXARI
PROEADEM “No person should be disturbed for the same cause”.
51. Section 403 Cr.P.C contemplates a situation where a person has once been tried by a court of competent jurisdiction and acquitted
or convicted by such. Cannot be tried again for the same offence nor for any other offence based on similar facts.
52. Section 491 of CrPC is related to Habeas Corpus.
53. “Proceedings by way of habeas Corpus are proceedings, calling upon a person having custody of another person to produce him
and demonstrate, under what authority he holds him in custody.”
54. High Court u/sec 491 CrPC exercise two-fold jurisdiction; to direct production of a person, who is illegally detained, so that to set
him at liberty or to direct production of a person so that he could be dealt in accordance with law.
55. Pre-Arrest Bail is defined under section 498 CrPC. Appeals in High Court is made under Section 410 of Cr.P.C.
56. Appeals against acquittal in High Court is made under Section 411-A(2) of Cr.P.C.
57. High Court has power to issue directions of the nature of habeas corpus under Section 491 of Cr.P.C.
58. High Court has power of revision under Section 439 Cr.P.C.
59. Appeals in Session Court is made under Section 408 of Cr.P.C.
60. Session Court has power of revision under Section 439-A of Cr.P.C.
 61. Session Court has power to issue directions of the nature of habeas corpus under Section 491 of Cr.P.C.
 62. Session Court has power to decides pre-arrest bail applications under Section 498 of the Cr. PC.
 63. Magistrate 1st Class has power to try offences punishable up to 3 years imprisonment
 and forty-five thousand rupees fine.
 64. Magistrate 2nd Class has power to try offences punishable up to 1 year.
 65. Post Arrest Bail is filed under section 497 of CRPC.
 66. Pre Arrest Bail is filed under section 498 of CRPC.
 67. Post Arrest Bail is filed in the court of Illaqa Magistrate.
 68. Pre Arrest Bail is filed in the court of Session Judge.
 69. In bailable offenses bail is the right of accused.
 70. In non-bailable offenses bail is on the discretion of judge.
 71. A Magistrate can acquit the accused at any time of the trial under section 249-A of CRPC.
 72. A session judge can acquit the accused at any time under section 265-K of CRPC.
 73. A High Court Judge can acquit the accused under section 561-A of CRPC.
 74. Schedule at the end of CRPC book is always helpful in determining the nature of offenses.
 75. Offenses are compoundable/non-compoundable, bailable/non-bailable and cognizable/non-cognizable.
 76. An exception to bail is section 169 of CRPC in which the investigation officer has powers to grant bail.
 77. When an accused is in Police Remand then he/she cannot be released on bail.
 78. For post arrest bail the accused should be in Judicial Remand.
 79. Accused can be discharged by Magistrate at any stage of trial.
 80. Supply of documents provisions in Magistrate trial 241-c & 265-c is Sessions Trial and it is mandatory.
81. A charge is the precise formulation of specific accusation made against the person.
82. The separate charge for distinct offences is mentioned section 233
83. Final report or Challan is submitted under section 173 Cr. P C
84. Under Section 249-A A Magistrate has a power to acquit an accused at any stage during the pendency of the trail.
85. Bailable offences means those offences shown as bailable in the second Schedule of Criminal Procedure Code or those offences, which are made bailable by any other law
for the time being in force.
86. Non-bailable offences are other than the offences shown or linked as bailable offences However, non-bailable offences are also shown in the second Schedule of the Code
with provision as to quantum of punishment.
87. Cognizable offences in either a cognizable offence or in cognizable case, a police officer, may, in accordance with the provisions of second Schedule or under any law, for
the time being force, arrest without warrant.
88. Non-cognizable offences in both of the cognizable offence and cognizable case, the police officer may not arrest without warrant.
89. Charge is the process of charge is commenced after taking cognizable of the crime by the Court of Magistrate or Sessions Judge.
90. Charge includes any Head of charge when the charge contains more Head than one.
91. An object of framing of the charge is to afford the accused an opportunity to know thepurport of his cases, which is to be faced by him.
92. Complaint means the allegations made orally or in writing to a Magistrate, with a view
to this taking action under the Code of Criminal Procedure that some person, whether known or unknown, has committed an offence, but it does not include the report of a
police officer.
93. Inquiry includes every inquiry other than a trial conducted under the Code of Criminal Procedure by a Magistrate or Court .
94. Investigation includes all the proceedings under this Code for collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is
authorized by a Magistrate in this behalf.
95. Offence means any act or omission made punishable by any law for the time being in force; it also includes any act in respect of which a complaint may be made under
section 20 of the Cattle Trespass Act, 1871.
96. Public Prosecutor means any person appointed under section 492 of the Code; and includes any person acting under the dire ctions of a Public Prosecutor and any person
conducting a prosecutions on behalf of the State in any High Court in the exercise of its original criminal jurisdiction.
97. Besides High Courts, there shall be two classes of Criminal Courts in Pakistan which are Courts of Sessions and Courts of Magistrate.
98. Under Section 51 of the Criminal Procedure Code, the search of the arrested person can be conducted by the police officer.
99. According to section 52 when it is found necessary to cause a woman to be searched, the search shall be caused with another woman with strict regard to decency.
100. Under Section 54 of CrPC police may arrest person without warrant.
101. Bail before arrest bond is accompanied by an affidavit.
102. In criminal cases accused person appears on left side of Judge.
103. Public servant can be called as witness through process of court.
104. Bail before arrest is filed in the office of C.O.C.
105. In criminal cases complainant appears on right side of the Judge.
106. Section 103 CrPC is not applicable in Narcotics cases.
107. Section-6 provides 7 classes of Executive Magistrate.
108. Section 54 deals with arrest without warrant.
109. Trial before Court of Session initiated upon a police report, the Prosecution shall be conducted by Public Prosecutor.
110. Statement recorded under section 342 shall not be adMinistered on oath.
111. Death sentence passed by Sessions Judge needs confirmation by High Court.
112. When any person pleaded guilty and convicted by court, then on such plea there shallbe no appeal lies.
113. Under Section 161 police records Statement of witness or accused.
114. For declaring any person proclaimed under section 87 CrPC, the period required to appear at a specific place and time should not be less than 30 days.
115. Section 154 CrPC about FIR.
115. Section 154 CrPC about FIR.
116. FIR contains 6 columns.
117. In case of non-completion of investigation within 14 days of the date of recording of FIR, the officer in charge of Police Station shall within 3 days
shall forward interim report.
118. Under section 2449-A CrPC the Magistrate has power to acquit the accused at any stage after hearing both Prosecution and Defence.
119. In all cases instituted upon Police report copies of certain document should be supplied to the accused not later than seven days before
commencement of trial.
120. A person aggrieved by order of acquittal passed by any court other than High Court may file an appeal against said order within 30 days.
121. Under 1st Proviso of Section 497 CrPC the Court may grant bail to any person under age of 16 years.
122. High Court may transfer any criminal case under Section 526 CrPC.
123. Irregularities which do not vitiate trial have been mentioned under Section 537 CrPC.
124. Complaint means the allegations made to Magistrate under Section 190 CrPC.
125. Inquiry is conducted by Magistrate or Court.
126. Investigation is done by Police Officers or Private persons authorized by Court.
127. Section 133 CrPC deals with conditional order for removal of nuisance.
128. Section 169 CrPC deals with police officer may release accused, when evidence isdeficient against him.
129. A challan under Section 173 CrPC forwarded to Magistrate through Public Prosecutor.
130. Under Section 366 CrPC modes of judgment are explained.
131. When Court of Session passes sentence of death, the time period for appeal is 7 days.
132. Section 403 CrPC defines that a person once convicted or acquitted can not be tried again for same offence.
133. Section 439 CrPC is about revision lies to High Court.
134. Section 439-A CrPC is about power of Session Judge relating to revision.
135. Accused is not a competent witness.
136. Statement of accused under Section 342 shall be signed by accused and Magistrate.
137. Accused possess power to explain his Statement.
138. Grounds for bail under section 497 are women, child under 16 years age, infirm or sick.
139. Dacoity is non bailable and non-compoundable offence.
140. Robbery is non-bailable.
141. Extortion is bailable.
142. In theft case Police Officer may arrest without warrant.
143. Justice of Peace are appointed under Section 22 CrPC.
144. Rape case is tried by Session Court.
145. Section 509 CrPC defines that deposition of medical witness and power to summon medical witness.
146. Section 512 CrPC deals with power of Police Officer to prevent injury to public property.
147. Section 337, 338, 339 CrPC deals with tender to pardon.
148. Bailable offences means offences shown as bailable in 2nd Schedule.
149. Section 4 CrPC is about definitions.
150. Section 55 CrPC deals with arrest of vagabonds.
151. Additional powers of Magistrate are given under 4th Schedule of CrPC.
152. Ordinary powers of Magistrate are given under 3rd Schedule of CrPC.
153. Section 104 CrPC is about power to impound documents.
154. Section 100 CrPC is about search for person wrongfully confined which is conducted by Magistrate 1st Class.
155. Section 87 CrPC is about proclamation for person absconding.
156. Schedule II, Column I CrPC deals with Sections.
157. Schedule II, Column II CrPC deals with Offences.
158. Schedule II, Column V CrPC deals with bailable and non-bailable offences.
159. Schedule II, Column VI CrPC deals with compoundable and non-compoundable offences.
160. Schedule II, Column VIII CrPC deals with names of trial courts.
161. Section 122 CrPC deals with power of Magistrate to reject sureties.
162. Section 155 CrPC deals with Non-Cognizable offences.
163. Bail is not granted to a person against whom security proceedings are taken against under section 117 (3) CrPC.
164. Provincial Government has power to commute punishment under Section 401 (6) CrPC.
165. Section 403 CrPC deals with double jeopardy.
166. Section 145 CrPC deals with powers of Magistrate to control dispute over possession of an immovable property.
167. Security for keeping peace on conviction is under section 106 CrPC.
168. Procedure for forfeiture of bond is under section 514 CrPC.
169. Section 512 CrPC deals with record of evidence in absence of accused when he isunknown or abscond.

170. Under Section 87 CrPC accused declared as absconder.

171. Under Section 539 (b) CrPC, Judge or Magistrate may visit and inspect any place in which an offence is alleged to have been committed.
172. Section 540 CrPC deals with power to summon material witness or examine person present.
173. Where attendance of accused is dispensed with under section 540 (A) CrPC the charge could be framed in his absence.
174. Power of Magistrate to sentence to imprisonment in default of fine is contained in section 33 CrPC.
175. Section 54, 55, 109 CrPC are for offenders and loffers.
176. Under Section 492 CrPC Public Prosecutor is appointed.
177. Under Section 427 CrPC arrest of accused in appeals from acquittal pending before
High Court.
178. Section 470 179. Section 502
180. Section 505 181. Section 513
182. Section 172 183. Section 122
184. Section 239 185. Section 344
186. Section 345 187. Section 354
188. Section 368 189. Section 371

CrPC deals with Judgement of acquittal on grounds of lunacy. CrPC deals with discharge of sureties.
CrPC deals with parties may examine witnesses in any proceedings. CrPC deals with deposit of money instead of surety.
CrPC deals with diary of investigation by Police.
CrPC deals with power of Magistrate to reject sureties.
CrPC deals with the persons may be charged jointly.
CrPC deals with power to postpone or adjourn the proceeding of court. CrPC defines table of compoundable offences.
CrPC defines manner of recording evidence.
CrPC deals with mode of sentence of death.
CrPC defines that copy of Judgment shall be given to accused free of cost.
190. Statement recorded u/s 161 does not require to sign by the maker of the Statement.
191. Statements recorded u/s 161 are not substantive piece of evidence.
192. There are two types of confession, judicial confession and extra judicial confessions.
193. Judicial confession is recorded in compliance with provisions of Section 164 and 364, Code of Criminal Procedure.
194. Police cannot keep accused with him beyond twenty-four hours under section 61 CrPC.
195. Section 59 of Code of Criminal Procedure gives powers to private person to arrest any person against whom they have suspect that he has committed offence, which comes
under non-bail-able offences, and is cognizable.
196. If the retention of accused is required for more than twenty-four hours, only Magistrate is authorized person to allow such
extension under section 167 CrPC.
197. Court under section 204 of Code of Criminal Procedure can issue process to the accused, on being satisfied about the existence of
sufficient ground for proceeding against him.
198. FIR is lodged under section 154 CrPC and Direct complaint is made under section 200 CrPC.
199. Investigation is conducted under section 156 CrPC and inquiry is conducted under section 202 CrPC.
200. Challan submission is defined under Section 173 CrPC.
201. Section 169-Release of accused when evidence deficient
202. Section 170-Case to be sent to Magistrate when evidence are sufficient.
203. Section 512-Record of evidence in absence of accused.
204. Quashing of FIR is defined under section 561 A CrPC.
205. Magistrate can take cognizance under section 190 CrPC.
206. The framing of charge is defined under section 221 to 240 CrPC.
207. Speedy acquittal is defined in 249 A for Magistrate trial, 265K for Session trial, 561A in High Court.
208. Accused may plead guilty in Magistrate trial under section 243 in Session trial under section 265E.
209. Examination of accused is defined under section 342 CrPC.
210. Defence evidence are begins under section 340 CrPC.
211. Judgment related to acquittal is defined under section 245 for Magistrate Trial and
265H for Session trial. Judgment for conviction in Magistrate trial undersection245(2) and in Session trial under section 265H(2)
212. Appeal to court of session against sentenced passed by the assistant session judge or judicial Magistrate Section 408 CrPC.
213. Appeal to High Court against sentenced passed by session or additional session judge Section 410 CrPC.
LAW OF QISAS AND DIYAT
QISAS
Meaning of Qiyas:
“Qisas” means punishment by causing similar hurt at same part of the body of convict as he has caused to the victim or he’ casing his
death if he has committed qatl-i-amd in exercise of the right of the victim or a wali.
Definition:
“Qisas” has been defined to mean 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 of the right of the victim or a wali”. According to S.299 (k)
PPC. “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 of the right of the victim or a wali.
Principle of Qisas:
The basic principle of Qisas is equality or similarity. It aims at to cause similar hurt at the same part of the body of the convict as far as
possible, keeping in view the opinion of the authorized Medical Officer, as the offender has caused to the victim.
Exception of Qisas:
The following are the four cases in which Qisas is not applicable on the offender. (a) Death of Offender: Where the offender dies
before the enforcement of Qisas.
(b) Waiver by Wali: Where right of Qisas is waived by any Wali.
(c) Right of Qisas devolves on offender: When the right of Qisas devolves on the offender as result of the death of the Wali of the
victim.
(d) 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 father.
Offences for Qisas:
Some cases of hurt are usually liable to Qisas; it can be awarded as punishment in the following offences:
1. Hurt
2. Qatl-i-Amd
1. Qisas in Hurt Cases: Some cases of hurt are usually liable to Qisas:
Some cases of hurt are usually liable to Qisas.
Exception: S.337-M of PPC provides some exception where hurt shall not be liable to Qisas. These are as follows:
1. when the offender is a minor or insane.
2. When an offender at the instance of the victim causes hut to him.
3.When the offender has caused Itlaf-i-udw of a physically imperfect organ of the victim and the convict does not suffer from similar physical imperfection of such
organ.
4. When the organ of the offender liable to Qisas is missing.
Qisas in QatI-i-Amd Cases:
Qatl-i-Amd is liable to Qisas if a proves by the confession of the accused before a Court of competent jurisdiction to try the offence or by the evidence an provided
in Article 17 of the
Qanun-e-Shahadat Ordinance.
Exceptions:
These are exceptions, the cases in which Qatl-i-Amd shall be liable to Qisas and where it cannot be enforced:
1. Under S. 306, PPC when the offender is non-puberty or insane.
2. When the offender causes death of his child or grandchild how low so ever and when Wali of victim is direct descendent, how low so ever of the offender.
3. Under S. 307 PPC where the offender dies before enforcement of Qisas.
4. When the Wall voluntarily and without duress, to the satisfaction of Court, waives the right of Qisas
5. When the right of Qisas devolves on the offender as a result of the death of the Wall of the by victim or on a person who has no right of Qisas against the
Offender.
ARSH
Meaning:
“Arsh” means the compensation specified in this chapter (Chapter XVI) to be paid by the offender to the victim or his heirs under this
chapter. According to S.299 (b); “Arsh means the compensation specified in P.P.C. to be paid to the victim or his heirs”.”
Value of Arsh:
The value of Arsh will be assessed at certain percentage indicated various provisions of the value of Diyat U/S 323 P.P.C.
Mode of Payment:
The Arsh will be payable in lumpsum or in instalments spreading over three years from the date of final judgment.
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 sections.
Arsh for the organs in quadruplicate (S.337-S):
The arsh for causing itlaf of organs found in a human body in a set of four shall be equal to; (a) one fourth of the diyat, if the itlaf is
one of such organs
(b) One half of the Diyat, if the itlaf is of two of such organs.
(c) There forth of the Diyat, if the itlaf is of three such organs, and
(d) Full Diyat, if the itlaf is of all the four organs
Explanation:
Arsh is compensation specified in the newly added chapter XVI, P.P.C. for offences relating to various kinds of hurt. [t is to be assessed
at certain percentage of the value of Diyat. It is to be paid in lumpsum or in instalments. In default the convict is liable to simple
imprisonment. He may be released on bail against security of on equal amount Arsh can be awarded in addition to tazir. It is liability
on the eState of deceased convict, if not paid during his lifetime.
DIYAT
Meaning:
“Diyat” means the compensation specified in S. 323 payable to the heirs of the victim. Value of Diyat: According
to S.323(1), P.P.C.;
“The court shall, subject to the injunctions of Islam as laid down in the Holy Quran 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 les
than the value of thirty thousand six hundred six hundred and thirty grams (30, 630) of silver”
According to S.223(2) P.P.C.;
‘For the purpose of sub-section (1), the Federal Government shall, by notification in the official Gazette, declare
the value of silver, 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
Explanation:
The value of diyat should not be less than the value of thirty thousand six hundred and thirty grams of silver. The
words payable to the heirs of the victim specify that diyat is payable in case of Qatl-i-Amd not in cases of hurt. In
cases of Qatl-i-Amd, diyat can be awarded where the offence committed is proved to be not liable to qisas of
where qisas is not enforceable. The consideration in such cases is badl-e-sulh as laid down in S. 310 P.P.C.
Nature of Diyat:
In the definition the words “heirs of victim have been used and not the words “the victim or his heirs”. This means that Diyat is a
compensation payable only in cases of Qatl and not in cases of hurt.
The Court may however, in certain cases award punishment of imprisonment as Tazir to addition to Diyat. It may be Stated that the
consideration for compounding of Qisas for
compromise or waiver cannot be classed as Diyat. The said consideration is Badl-e-Sulh and it settled by the parties themselves
subject to condition that Badl-eSulh shall not be less than the value of Diyat.
Condition for Application:
The punishment of Diyat is provided where an offender guilty of Qatl-i-Amd is not liable to Qisas or where Qisas is not enforceable.
Offences for Diyat: Diyat can be awarded as punishment in the following offences:
(i) Qatl-i-Amd under S. 302.
(ii) QatI Shibh-i-Amd under S. 316.
(iii) Qatl-i-Khata under S.319.
(iv) QatI-bis-Sabab under S.322.
Cases of QatI-e-Sabab and Qati-bis-Sabab:
The offender in cases of Qatl-e-Shibh-i-Amd and Qatl-i-Khata shall be liable to be punished with Diyat in addition to imprisonment as
Tazir, but in Qati-bis-Sabab he shall be liable to Diyat only.
Mode to Fix the Value of Diyat:
In S. 323, for the P.P.C., it is mentioned that how Diyat is valued and who has the right to fix the amount of Diyat.
Power of Court in this regard:
According to S. 323, PPC, the Court shall fix the value of Diyat which shall not be less than the value of thirty thousand six hundred
and thirty grams of silver.
Payment of Diyat:
Mode of payment of Diyat and consequences for the non-payment of Diyat are discussed under S.331 of PPC.
Method to Pay Diyat:
The Diyat may be made payable:
(i) in lump sum; or
(ii) in installments spread over a period of three years from the date of the final judgment. Result of Failure to Pay Diyat:
Where a convict fails to pay Diyat or any part thereof within the period specified earlier then one of the following steps may be
taken by the Court.
Simple imprisonment; The convict may be kept in jail and dealt within in the same manner as if sentenced to simple
imprisonment until the Diyat is paid full.
Released on bail: The convict may be released on bail if he furnishes security equivalent to the amount of Diyat to the
satisfaction of the Court.
In case of death of convict:
Where a convict dies before the payment of Diyat or any part thereof, it shall be recovered from his.
Disbursement of Diyat:
Disbursement of Diyat is discussed U/s 330, PPC. According to this section, the Diyat shall be disbursed among the heirs of the
victim according to their respective shares in inheritance.
In Case of Forego Share:
This section also provides that where an heir forgoes his share, the Diyat shall not he recovered to the extent of his share.
DIFFERENCE BETWEEN QISAS AND DIYAT
There are many differences between the two. These are the following:
(I). As to Principle:
Punishment under Qisas is always based on the principle of retaliation. On the other hand, punishment of Diyat is based on a principle of
compensation.
(ii) As to Nature:
Punishment of Qisas is physical in nature whereas Diyat is in form of blood money.
(iii) As to the Application:
Normally punishment of Qisas is applicable in QatI and hurt cases.
(iv) As to Right:
Qisas is the right of victim or the wali of the victim. On the other hand, Diyat is the right of the wali of the victim and may be demanded by them only.
(v) As to defect of Waiver of Right:
When wali of the victims waives his right of Qisas, it shall not applicable against convict. On the other hand, in case of waving of right of Diyat by any of
wali of the victim does not affect the rights of other.
(vi) In case of Qatl:
Qisas is applicable only to the Qatl-e-Amd and Diyat is applicable on Qatl-i-Amd, Qatl-Shibh- i-Amd, Qatl-i -Khata and Qatal-bis-Sabab.
(vii) As to meaning:
Both terms have been different.
(viii) As to Exceptions:
(viii) As to Exceptions:
In Qisas Cases there are certain exceptions but in Diyat cases there is no exceptions.
(ix) As to Substitute Punishment:
In Qisas cases substitute punishment is available in the Code. But this principle is not applicable in Diyat
cases.
(x) As to proof: The Code normally provides some proof in presence of which hurt or qatl becomes
liable to Qisas. But on the other hand, Code does not provide specific for the involvement or
implication of Diyat.
DAMAN
“Daman” means the compensation determined by the court to be pad by the offender to the victim for causing
hurt not liable to arsh. (S.299(d) PPC.
Value of Daman:
The value of daman will he determined by the competent court of jurisdiction keeping in view: (a) The expenses
incurred on the treatment of the victim.
(b) Loss of disability caused in the functioning or power of any organ.
(c) The anguish suffered by the victim.
Explanation:
Daman has been defined compensation fixed. by court payable by the offender to the victim or causing hurt not
liable to Arsh. It is to be paid in lumpsum or in instalment. In default the convict is liable to simpler
imprisonment. He may be released on bail against security of an equal amount. It can be awarded in addition to
tazir. It is liability on the eState of deceased convict if not paid during his lifetime.