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    Monday, 18 August 2014

    Qatl , it's kinds and Punishment Under PPC



    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.
    v  Causing death of a human being
    v  Harm to the body or mind of any person must be intended
    v  Death may of a person who is intended to be harmed or of any other person
    v  Weapons may be used to inflict such intended harm
    v  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
    v  Death of a human being caused
    v  There was no intention
    (i)                  To cause death
    (ii)                Nor any intention to cause bodily harm
    v  Death is caused either
    (i)                  By mistake of fact
    (ii)                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
    v  The death of a human being is caused
    v  There was no intention
    (i)                  To cause death, or
    (ii)                Cause bodily harm to the deceased
    v  An unlawful act is done by the offender

    v  Such unlawful act becomes the cause of death of the deceased

    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.




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    Item Reviewed: Qatl , it's kinds and Punishment Under PPC Rating: 5 Reviewed By: Usman Ali
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