Introduction:

Punishment is the suffering in person or property inflicted by society on the

offender who has been adjudged guilty of crime under the law. The main
object of awarding punishments for offense is to create such an atmosphere
which restrain people doing such offences. Section 53 of P.P.C defines several
types of punishments for different offences.

Definition of punishment:

Black’ s Law dictionary

“Any fine, penalty or confinement inflicted upon a person by the authority of
the law and the Judgement and sentence of a court, some crime or offence
committed by him or his omission of a duty enjoined by law”

Relevnt provisions:

Following are the relevant provisions of P.P.C regarding concerned topic.

Section 53 of P.P.C.

Purpose of punishment

The purpose of punishment is the prevention of P.P.C offences .

Kinds of punishment u/sec 53:

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 possible-
qisas 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.

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.

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.”

(ii) Value of Diyat u/sea 323:

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 less than
the value of thirty thousand six hundred and thirty grams silver.

(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:

The expenses incurred on the treatment of the victim.

Loss or disability caused in the functioning or power of any organ.

The anguish suffered by the victim.

(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.

(iii) Hijacking u/sec 403- B, P.P.C. etc.

(Vii) Imprisonment for Life:

Sentence of imprisonment for life means, for remaining as span of natural life
of convict, which is accepted as being of 25 years duration. (PLD 1968 LAH.
1)

Following are some of the offense, where it may be inflicted, as punishment.

(i) Sedition u/sec 124-A P.P.C.

(ii) Counterfeiting Pakistan coin u/sea 232 P.P.C.

(iii) Punishment for murder u/sec 302P/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.

(ix) forfeiture of property :

Forfeiture of specific property may be awarded as punishment in the following
section, (i) section 126 P.P.C (II) Section 127. P.P.C (iii) section 169, .P.P.C

(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
Sentence of imprisonment for non-payment of fine u/sec 64:

In every case where sentence of fine is awarded whether it is along with

imprisonment or without imprisonment, the court may direct that in default of
payment of the fine, the offender shall suffer imprisonment for a certain term,
which shall be in excess of any other imprisonment to which be may have
been sentenced or to which he may be liable under a commutation of a
sentence.

(I) Sentence of imprisonment not to run concurrently:

A sentences of imprisonment in default of fine has to be served out

separately. That sentence cannot run COCURRENTL with any other sentence.

Limit of imprisonment for non-payment of fine u/sec 65:

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.

Linit of imprisonment for non- payment of fine u/sec 67:

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.

Kinds of Qatl And punishment

Introduction
Preservation of life, religion, reason, lineage and property square measure
main objectives of Islamic Law. For preservation of life, Islam has forbidden
transgression against life. As murder may be a sort of transgression against
life, so Islam has additionally forbidden commission of murder. To punish
murderer and defend society from reoccurrence of this crime, Islam has
provided severe punishments.

Definition of Qatl

Qatl can be defined as causing death of a person by another person.

Relevant Provisions

Sections 300, 301, 302, 303A, 303B, 304, 305, 306, 307, 308, 313, 314, 315,
316, 317, 318, 319, 320, 321, 322 of P.P.C. 1860.

Kinds of Qatl

Under Pakistan Penal Code, following different kinds of qatl have been
described

(i) Qatl-i-Amd

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.

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
punishment with imprisonment, which can extend to twenty-five years.

(ii) Qatl Shibh-i-Amd

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.

Explanation

A in order to cause hurt strikes Z with a stick which in ordinary course of

nature is not likely to cause death, Z dies as a result of such hurt, A shall be
guilty of Qatl-i-Shibh-i-Amd.

Essentials of Qatl-i-Shibh-i-Amad

Following are the Essentials of Qatl-i-Shibh-i-Amad.

1. Causing death of a human being

2. Harm to the body or mind of any person must be intended

3. Death may of a person who is intended to be harmed or of any other

person

4. Weapons may be used to inflict such intended harm

5. Death may also be caused by any other act which in the ordinary
course of nature is not likely to cause death

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

(a) Diyat and Imprisonment

A person, who commits qatl-i-Shibh-i-Amd, is liable to diyat and can also be

punished with imprisonment which may extend to twenty five year as tazir.

(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. Death of a human being caused

7. There was no intention

8. To cause death

9. Nor any intention to cause bodily harm

10. Death is caused either

11. By mistake of fact

12. By mistake or act

Punishment of Qatl-i-Khata under section 319 of P.P.C

(i) Diyat and Imprisonment

A person who commits qatl-i-Khata, is liable to diyat.

(ii) Punishment for Qatl-i-Khata by Any Rash or negligent Act other

than Rash or Negligent Driving

A person, who commits qatl-i-Khata by any rash or negligent act, which is

other than rash or negligent driving, he/she is not only liable to diyat, but is
also punished with imprisonment, which can extend to five years as tazir.

(iii) Punishment by Rash or Negligent Driving

A person, who commits qatl-i-Khata by rash or negligent driving is not only

liable to diyat, but is also punished with imprisonment, which can extend to
ten years.
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

13. The death of a human being is caused

14. There was no intention

15. To cause death, or

16. Cause bodily harm to the deceased

17. An unlawful act is done by the offender

18. Such unlawful act becomes the cause of death of the deceased

19. Punishment for Qatl-i-bis-sabab under section 322 P.P.C

Section 322 provides that whoever commits Qatl-i-Bis-Sabab shall be

liable to Diyat only.

Conclusion

To conclude, it can be stated that one of basic aims of Islamic law is to

preserve human life. To curb offences like qatl against human life. Islam has
provided retributive and compensatory punishments. Through such
punishments, offenders of qatl are not only punished, but reoccurrence of
such offence is also checked.

Hurt and its kinds and punishment

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 1tlaf-
i-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-i-
udw 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
which may exterto ten years as Tazir.

e. Shajjah-i-Ammah:

It is grevious hurt by any weapon causing fracture of the shall of the victim,
where the wound touches the membrane of the brain.

Punishment U/sec 337-A(v):

The person causing is shall be liable to Arsh which shall be one-half of the
diyat and may also be punished with imprisonment of either description for a
team which may extend to fourteen years as tazir.

(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.

Kinds of Jurh U/sec 337-B(2):

(i) Jaifah

(ii) Ghayr-Jaifah

JaifahU/sec 337-C:

Whoever causes jurh in which the injury extends to the cavity of the trunk, is
said to cause jaifah.

Case Law

PLD 1998 LAH 84

Body cavity means a part of body under which vital organs are located and if
an injury penetrates into the body cavity and then exters the pert of the body
where in vital organ are located, lonely then that can be treated as Jaifah and
punishment can be awarded accordingly.

Punishment for Jaifah U/sec 337-D:

The person causing it, with the intention or knowledge of hurt to a hurt to a
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 ten years as tazir.

Kinds of Chayr- Jaifah:

Following are the kinds of Ghayr-jaifah.

1. Damiyah:

It is injury in which the skin is rupturd and blessing occurs.

2. Badiyah:

It is a injury by cutting or incising the flesh without exposing the bone.

3. Mutalahima:

It is a injury by lacerating the flesh.

4. Mudihah:

It is injury be exposing the bone.

5. Muanaqqilah:

It is a injury by fracturing and dislocation the bone.

Punishment of Ghayr-Jaifh u/sec 337-F:

If a person with the intention or knowledge of causing hurt causes any of

Ghyr-jaifah injuries shall be punished as under.

Punishment for Damiyah:

He shall be lible to daman and may also be punished with imprisonment of

either description for a term which may extend to one year as tazir.

punishment for Badiah and Mutalahimah:

He shall be liable to daman and may also be punished with imprisonment of

either description for a term which may extend to there years as tazir.

punishment for Mudihah and Hashimah:

He 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 tazir.

Punishment for Munaqqilah:

He shall be liable to daman and may also be punished with imprisonment of

either description for a term which may extend to seven as tazir.
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.