PAKISTAN PENAL CODE
What is Qatl? What are it's kinds and Punishment Under PPC ?
Introduction Preservation of life, religion, reason, lineage and property square measure main objectives of Islamic Law. Law. For preservation of life, Islam has forbidden transgression transgression against life. As murder may be a sort of transgression against life, so Islam has addition additionally ally forbidde forbidden n commissio commission n of murder murder.. o punish punish murder murderer er and defend defend society from reoccurrence of this crime, Islam has provided severe punishments. Defnition o Qatl !atl can be de"ned as causing death of a person by another person. Relevant Provisions #ections $%%, $%&, $%', $%$A, $%$(, $%), $%*, $%+, $%, $%-, $&$, $&), $&*, $&+, $&, $&-, $&, $'%, $'&, $'' of P.P./. &-+%.
Kinds o Qatl 0nder Pa1istan Penal /ode, following di2erent 1inds of qatl have been described
(i) Qatl-i-Amd 3hen a person intends to cause death or bodily injury to another person, does an act, which in ordinary course of nature is li1ely to cause death or which is done with 1nowledge that his act is so imminently dangerous that it must in all probability cause death, and causes death of such person, he4she commits qatl5i5amd.
Essential Ingredients of Qatl-e-Amd Qatl -e-Amd Under Section Secti on -300 -30 0 of P.P.C he essential ingredients of the de"nition of !atl5i5Amd as provided in the Pa1istan Penal /ode are as follows
/ausing death of a human being #uch death must be caused by doing an act 3ith the intention of doing bodily injury to that person he act in the ordinary ordinary course course of nature nature is li1ely li1ely to cause death. death. 3ith the 1nowledge that the act is so imminently dangerous that it must in all probability cause death.
OR
Ingredients O Sec !""# Following are the ingredients of #ec. $%%. $i% Intention# o constitute the o2ence of !atl5 l5Amd there must be intention to cause death or to cause bodily injury, on the pert of the o2ender where the accused had the intention to cause such bodily injury as he 1new to be li1ely to cause the victim, s death or if he 1new that his act was so imminently dangerous that it must in all probability cause death he would be guilty of !atl5i5amd. $ii% Doing o Act# Intention must be accompanied with doing of an act which in the ordinary course of nature is li1ely to cause death or which is so imminently dangerous that it must in all probability cause death. he phrase 6Imminently dangerous7 deals with cases where an act in dose without any intention to 1ill but with such utter disregard of consequences that there is imputable 1nowledge that death is an e8tremely contingency. Illustration9 A: shoots ;<: with the intention of 1illing him .:A: commits the o2ence of !atl5i5amd. =iii>Causing o Deat&# o constitute !atl5i5amd. he act must result in casing of death of another person. Accused can come within the mischief of this section only if death is direct result of the injury in?icted by the accused. =PL@&+ #c $>. Determining Factors: Following factors may be taken into consideration by the court to determine whether the accused in guilty of qatl-i-amd or not.
1. Manner of causing the injuries as defined by the prosecution witnesses. 2. The nature of the injuries caused. . The part of the body where they were caused. !. The weapon used by the accused in the commission of the offence. ". The conduct of the accused.
Illustrations “A” shoots “Z” with the intention of killing him. “Z” dies in Consequences “A” commits this oence.
Punishment Against Qatl-i-Amd Followings punishments can be awarded against commission of !atl5i5Amd
(i) eath as Qisas A person, who commits !atl5i5amd, can be punished with death as !isas. Qisas !isas means ;to copy the other: or ;to follow the path followed by other: or ;to act li1e the act of another:. he basic principle of !isas is similarity. If similarity of injury is not possible !isas may not be enforce. In !atl5i5Amd the di2erence between punishment of !isas and punishment of death lies in the mode of e8ecution of sentence. (ii) eath or Im!risonment "or life he punishment of death or imprisonment for life as tair 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 & of !anun5e5#hahadat. (iii) Im!risonment# $hich can e%tend to t$ent& 'e &ears 3hen punishment of !isas is not applicable against commission of qatl5i5amd according to Injunctions of Islam, a person, who commits qatl5i5amd, can be punishment with imprisonment, which can e8tend to twenty5"ve years.
(ii) Qatl Shih-i-Amd 3hen 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 li1ely to cause death, he4she commits qatl5 shibh5i5amd.
E'(lanation A in order to cause hurt stri1es < with a stic1 which in ordinary course of nature is not li1ely to cause death, < dies as a result of such hurt, A shall be guilty of !atl5i5 #hibh5i5Amd. Bssentials of !atl5i5#hibh5i5Amad Following are the Bssentials of !atl5i5#hibh5i5Amad. /ausing death of a human being Carm to the body or mind of any person must be intended @eath may of a person who is intended to be harmed or of any other person 3eapons may be used to in?ict such intended harm @eath may also be caused by any other act which in the ordinary course of nature is not li1ely to cause death.
Punis&)ent *or Qatl+i+S&i,&+i+A)d -nder Section !./ o PPC =a> @iyat and Imprisonment A person, who commits qatl5i5#hibh5i5Amd, is liable to diyat and can also be punished with imprisonment which may e8tend to twenty "ve year as tair. !atl #hIbh5l AD@9
E
Qatl Shih-i-Amd u4se $&*9 3hoever with intent to cause harm to the body or mind of any person, causes the death of that or of any other perse by means of a weapon or an act which in the ordinary course =nature is not li1ely to cause death, is said to commit qatl #hibhi GI amd . (. Illustration ;A: in order to cause hurt stri1es ;<: with a stic1 c stone which in the ordinary course of nature is not li1ely to cause death. ;<: dies as a result of such hurt. ;A: shall be guilty of qatl shibh GI amd. C Ingredients# Following are the essential ingredient of see.$&*. =i> /ausing death of human beings =ii> Intention was to cause harm to body or mind. =iii> @eath must be caused by means of a weapon or a act. =iv> 3hich in ordinary cause of nature is not li1ely to cause death. D Punis&)ent u0sec !./# 3hoever commits qatl 5 shibh GI amd be liable to diyat and may also be punished with imprisonment of either description for a term which may e8tend to fourteen years as tair. =i> Deaning of @iyat u4sec '=e>9 @iyat means the compensation speci"ed in section $'$ payable to the heirs of the victim. 3hich is not less than the value of thirty thousand, si8 hundred and thirty grams of silver. =III>!atl GI 1hata
(iii) Qatl-i-*hata 3hen 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 mista1e of act or by mista1e of fact, he4she commits qatl5i5Hhata. B8planations A shoots at a deer but misses the target and s1ills < who is standing by A is guilty of !atal5i5Hhata. A shoots at an object to be deer but it turns out to be a human being A is guilty of !atl5i5Hhata Bssential ingredients of !atl5i5Hhata 0nder section $&- of P.P./ In order to hold a person liable to !atl5i5Hhata following essential must be shown @eath of a human being caused here was no intention =i> o cause death =ii> or any intention to cause bodily harm @eath is caused either =i> (y mista1e of fact =ii> (y mista1e or act
Punishment of Qatl-i-*hata under section 3+, of P.P.C
$i% Di1at and I)(rison)ent A person who commits qatl5i5Hhata, is liable to diyat. (ii) Punishment for Qatl-i-*hata & An& ash or negligent Act other than ash or egligent riing A person, who commits qatl5i5Hhata by any rash or negligent act, which is other than rash or negligent driving, he4she is not only liable to diyat, but is also punished with imprisonment, which can e8tend to "ve years as tair.
(iii) Punishment & ash or egligent riing A person, who commits qatl5i5Hhata by rash or negligent driving is not only liable to diyat, but is also punished with imprisonment, which can e8tend to ten years.
(i) Qatl-i-/is-Saa 3hen 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. Bssentials ingredients of !atl5i5(is5#abab Following are ingredients he death of a human being is caused here was no intention =i> o cause death, or =ii> /ause bodily harm to the deceased An unlawful act is done by the o2ender
#uch unlawful act becomes the cause of death of the deceased
Illustration# ;A: unlawfully digs a pit in the thoroughfare, but without any intention to cause the death of or harm to any person. ;(: while passing form there falls in it and is 1illed ;A: has committed qatl5 bis5 sabab.
Punis&)ent or Qatl+i+,is+sa,a, under section !22 PPC #ection $'' provides that whoever commits !atl5i5(is5#abab shall be liable to @iyat only. Conclusion o conclude, it can be stated that one of basic aims of Islamic law is to preserve human life. o curb o2ences li1e qatl against human life. Islam has provided retributive and compensatory punishments. hrough such punishments, o2enders of qatl are not only punished, but reoccurrence of such o2ence is also chec1ed.
r Conclusion# o conclude. I can say, that qatl is the causing of death of another person. It may be intentional unintentional. here are di2erent types of qatl provided under P.P./. qatl which amounted to murder is called qatl5i5amd while the qalt which dose not amounted to murder is called qatl shibh5amd, qatl5i5 1hata and !atal5bis5sadad5 Densrea is an essential ingredient of qatl5I5 1hata and qatl5i5shilbh5amd while in the remaining two cases mens5 rea cannot contemplated.
Q. 1hat are the di2erence /et$een Qatl-l-hata And Qatal- /is- Saa4 Q. istinguish 5$ Qatl-l-hata And Qatal- /is- Saa4 $i% As To 3ista4e# !atl5i51hata is committed due to some mista1e which is either of fact or act. !atl5 bis G sabab is wholly unintentional and whith any mista1e. $II%Cause O Deat&# In !atl5i51hata, cause of the death is the direct act of the o2ender. In !atl5bis5sabsb, cause of the death is some another unlaeful intervening act. $III% Aggravating Punis&)ent# Punishment of qatl5I G1hata is the payment of diyat but if it is committed by any rash of negligent act the o2ender may. In addition to diyat also be punished with imprisonment. !atl5i5bis5sabab is punishable only with dityat I5%E6ect O Ras& Or Negligent 9 If !atl5i51hata is committed by rash or negligent driving the punishment is the payment of @iyt with imprisonment which may e8tend to ten years. B2ect of driving is not provided for qatl5bis5sabab.
1hen Qatl-e-amd is not liale to Qisas4 0nder #ection $%+ of Pa1istan Penal /ode5PP/ !atl5i5Amd shall not be liable to qisas in the following cases, namely955 $a%7&en an o6ender is a )inor or insane# Provided that, where a person liable to qisas associates himself in the commission of the o2ence with a person not liable to qisas, with the intention of saving himself from qisas, he shall not be e8empted from qisasJ
$,%7&en an o6ender causes deat& o &is c&ild or grand+c&ild8 &o7 lo7+so+ ever9 and
$c%7&en an1 7ali o t&e victi) is a direct descendant8 &o7 lo7+so+ever8 o t&e o6ender
1hen 6atl-i-amd is liale to Qisas4 0nder #ection $%) of Pa1istan Penal /ode5PP/
+. Proof of qatl5i5amd shall be in any of the following forms, namely9 5 =a>the accused ma1es before a /ourt competent to try the o2ence a voluntary and true confession of the commission of the o2enceJ or =b>by the evidence as provided in Article & of the !anun5e5#hahadat, &-) =P.E. o. &% of &-)>. +2 he provisions of sub5section =&> shall, mutatis, mutandis, apply to a hurt liable to qisas.
