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    Friday, 6 October 2017

    Kinds of Punishment under PPC

    1. INTRODUCTION
    Punishment is a term from psychological Learning, Theory that has a precise meaning; it refers to something. that causes a behavior to lessen. There is nothing that is intrinsically punishing. A thing is called punishing if, when it is applied, it results in the reduction of behavior that you want to reduce. Section 53 of PPC defines several types of punishments for different offences.

    2. RELEVANT PROVISIONS
    Section 53 Pakistan Penal Code.

    3. DEFINITION OF PUNISHMENT
    The term punishment has been defined in Black's Law Dictionary thus:
    " Any fine, penalty or confinement inflicted upon a person by the authority of the law and the judgment and sentence of a Court, for some crime or offence committed by him or for his omission of duty enjoined by law."

    4. PURPOSE OF PUNISHMENT
    The purpose of punishment is the prevention of PPC offences.

    5. KINDS OF PUNISHMENT UNDER SECTION 53 PPC

    (I) Qisas

    a. Literal Meanings
    The word Qisas is derived from the word AI Qasas which means' to follow in some on footsteps.

    b. Legal Meanings
    Legally it means to shed blood in repetition or retribution.

    (c) Definition
    Qisas, means punishment by causing similar hurt at the earn part of the body of the convict as he has caused to the victim or by causing his death if he has committed qatiri-amd in exercise of the right of the victim or a wall.

    (d) Non-applicability of Qisas
    There are four cases in which Qisas is not applicable on the offender, namely:
    i. Where the offender dies before the enforcement of Qisas.
    ii. Where right of Qisas waived by any wail
    iii. Where right of Qisas devolves on the offender; and
    iv. Where the right of Qisas devolves on the person who has no right of Qisas against the offender,

    (d) Quranic Injunctions regarding Qisas
    "O ye believe! retaliation is prescribed for you in the matter of the murdered; the free man for the free man and the slave for the slave and the female for the female. And for him who is forgiven somewhat by his (injured) brighter, prosecution according to usage and payment unto him in kindness. This is an alleviation and mercy from you lord. He who transgressed after this will have painful doom. And there is life for you in retaliation, men of understanding, that ye may ward of (evil)." (Surah-Al Baqara 178,179)

    II. Diyat

    (a) Meaning
    Diyat means a compensation which is payable to the heirs the victim by the offender as bloodshed.

    (b) Definition
    Diyat has been defined in section 299(e) as
    "Diyat means the compensation specified in Section 323 payable to the heirs of the victim."  In the definition the words "heirs of the 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.

    (c) Value of Diyat
    The Court shall, subject to the Injunctions of Islam as laid down in the Holy Qurun 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 of silver and the Federal Government shall, by notification in the official Gazette, declare the value of silver, on the 1st July each year or on such date as it may deem fit, which shall be the value payable during the financial year. (Section 23, PPC)

    III. Arsh

    (a) Meanings
    Arsh means a compensation which is payable to the offender to the victim or his heirs.

    (b) Definition
    Arsh has been defined in section 299(b) as: "Arsh means. the compensation specified in this Chapter to be paid to the victim of his heirs.

    (c) Value of Arsh:
    The value of Arsh will be assessed at certain percentage, indicated in various provisions of the value of Diyat under Section 323, PPC. The Court while working out the percentage of the value of the Diyat will take into consideration the minimum value of Diyat fixed by the Federal year. Government on the first day of July each year.

    (d) Payment of Arsh
    The Arsh will be payable in lump sum or in over three years installments spreading from the date of final judgment.

    (e) Time for paying Arsh
    The Arsh shall be payable within the time specified by Court and the offender may be kept in jail to serve simple imprisonment until the Arsh is paid in full. The Court may release a convict on bail, if he furnishes security equal to amount of Arsh to the satisfaction of Court for its payment.
    If the convict dies before payment of Arsh, it shall be recovered for his estate.

    IV. Daman


    (a) Meaning
    Daman means price or similar things.

    (b) Definition
    Daman has been defined in section 299 (d) of PPC as:
    "Daman means the compensation determined by. the Court to be paid by the offender to the victim for causing hurt. not 'liable to Arsh."

    The word Daman is actually Daman. It is a compensation payable by the offender to the victim for causing hurt not liable to Arsh, as determined by Court. Daman is ordered for injuries where punishment of Arsh is not available.

    (c) Value of Daman:
    The value of daman may be determined by the Court keeping in view:
    i. the expenses incurred on the treatment of victim.
    ii. loss or disability caused in the functioning or power of any organ; and
    iii. the compensation for the an suffered by the victim (Section 337-Y(1).

    (d) Consequences of non-payment of Daman:
    In case of non-payment of daman it shall be recovered from the convict and until daman is paid in full to the extent of his liability, the convict may be kept in jail and dealt with in same manner as if sentenced to simple imprisonment. (Sec. 337(2).

    (e) Release of offender:
    The offender may be released on bail if he furnishes security equal to the amount of damari to the satisfaction of Court.

    V. Tazir

    (i) Definition
    Tazir has been defined in Section 299(b) as: ent other than "Tazir means punishm  Qisas, Diyat, Aish, or Daman.
    The Hedeya speaks on the subject thus:
    Tazir in its primitive sense, means prohibition and also instruction, in law it signifies an infliction undermined in its, degree by law, on 'account of the right either of God or of the individual, and the occasion of it is any offence for which hadd has not been appointed, whether that offence consist in word or deed,

    (ii) Infliction of Tazir
    Tazir may be inflicted by imposition of fire, scourging, imprisonment, etc, It is the punishment which is left to the discretion of Quit or Judge.

    VI. Death
    This Is the highest form of punishment authorized by law, This may be awarded as punishment in the following offences:
    i. Waging war against Pakistan,
    ii. Abetting mutiny actually committed.
    iii. Murder
    iv. Dacoity accompanied with murder
    v. Hijacking.


    VII. Imprisonment for life

    Imprisonment for life is the second highest form of punishment as specified in PPC. It is inflicted for the following offences:
    i. Waging or attempting to wage war or abetting waging was against Pakistan.
    ii. Collecting arms etc with attention of waging war against Pakistan.
    iii. Sedition.
    iv. Counterfeiting Pakistan coin.
    v. Punishment for murder
    vi. Kidnapping or abducting in Order to commit murder.
    vii. Dacoity with murder

    VIII. Imprisonment

    Imprisonment means the act of putting or confining a person in prison.
    Imprisonment is of two kinds name

    (a) Rigorous
    In the case 'of Rigorous Imprisonment the offender is put to hard labour, such as grinding the cord, drawing water digging earth, cutting fire woods etc.

    (b) Simple
    In the case of simple imprisonment, the offender is confined in jail and is riot put to any kinds of work.
    The maximum period of imprisonment that can be awarded for an offence is fourteen years (Section 55). The shorten term provided for an offence is twenty four hours but the minimum is unlimited.

    IX. Forfeiture of Property

    Following of property is retained as a punishment in the following cases
    i. Whoever commits, or prepares to commit, depredation on the territories of any power at peace with Government, shall be liable in addition to other punishments, to forfeiture of any property used, or intended to be used in depredation or acquired thereby. (Section 126).
    ii. Whoever knowingly receives property taken as above mentioned or in waging war against any Asiatic power  at peace with government, shall be liable to forfeit such property. (Section 127).
    iii. A public servant, who improperly purchases property, which by virtue of his office, he is legally prohibited from purchasing forfeits such property.

    X. Fine

    The ' Punishment of fine may also be given along with other punishment on the commission of any offence. it is as much a punishment as Diyat, Arsh or Daman. It is the only Punishment provided for in Sections 137, 154, 155, 156,171-G 171H, 171-1, 278, 283, 290 and 294-A.

    6. LIMIT OF IMPRISONMENT FOR NON-PAYMENT OF FINE U/S 65
    if the offence is liable with imprisonment as well as fine the term shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence.

    8. CONCLUSION

    In last to conclude I can say some pain or penalty warranted by law, inflicted on a person, for the commission of a crime or misdemeanor, or for the omission of the performance of an act required by law, by the judgment and command of some lawful Court called punishment and it has different kinds i.e. Qisas, diyat, arsh, imprisonment and fine etc.
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    Item Reviewed: Kinds of Punishment under PPC Rating: 5 Reviewed By: Usman Ali
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