Arsh and Punishment of Arsh

1. RELEVANT PROVISIONS

Sections 299(b), 323, 334, 336, 337 of P.P.C. 1860.

2. MODES OF PUNISHMENT UNDER QISAS & DIYAT ORDINANCE:

Under this Law two kinds of punishments are provided, they are:

(a) Corporeal Punishments: Corporeal punishments are as follows;

(I) Qisas:

(ii) Tazir

(b) Compensatory Punishments:

Compensatory punishments are as follows;

(i) Diyat:

(ii) Arsh:

(iii) Daman

3. ARSH; DEFINED:

(i) Case Law Definition: 2002 YLR 513.

Arsh is compensation for offence relating to various kinds of hurt.

(ii) Statutory Definition; Under Section 299(b) of P.P.C

"Arsh means the compensation specified in this Chapter to be paid to the victim or his heirs under this Chapter."

Thus Arsh is actually specific percentage of diyat. So in order to determine the value of Arsh, it is necessary to determine the value of diyat.

4. VALUE OF DIYAT; UNDER SECTION 323 OF P.P.C

Section 323 provides that the value of diyat shall be equal to the value of 30630 grams of silver. The government shall notify in its official gazette value of silver every year on 1st day of July or on any other date as the government deems fit.

5. OFFENCES FOR WHICH PUNISHMENT OF ARSH IS AWARDED:

The punishment of Arsh is awarded only in cases of hurt. As we see in Qisas & Diyat Ordinance, punishment of Arsh is not given in qatl cases rather it is only provided in cases of hurt. Thus following are the offences of hurt for which Arsh is awarded by the court;

(I) PUNISHMENT FOR ITLAF-I-UDW; UNDER SECTION 334  OF P.P.C

Where offender causes ltlaf-i-Udw of victim and Qisas is not executable then he shall be liable to Arsh value of which shall be determined according to the facts and circumstances of each case keeping in view the principles of equality and injunction of Islam.

(II) PUNISHMENT FOR ITLAF-I-SALAHIYYAT-I-U DW: U/S 336 PPC

SECTION 336 OF P.P.C

Where offender causes ltlaf-i-Salahiyyat-i-Udw of victim and where Qisas is not executable then he shall be liable to Arsh value of which shall be determined according to the facts and circumstances of each case keeping in view the principles of equality and injunction of Islam.

(III) PUNISHMENT FOR SHAJJAH:UNDER SECTION 337-A OF P.P.C

Punishment of Arsh is also provided for different kinds of Shajjah as follows;

(i) Punishment for Shajjah-i-Mudihah; Under Section 337-A(ii) of P.P.C

Whoever causes Shajjah-i-Mudihah for which Qisas cannot be executable, he shall be liable to Arsh value of which shall be 5% of Diyat.

(ii) Punishment for Shajjah-i-Hashimah; Under Section 337-A(iii) of P.P.C

Whoever causes Shajjah-i-Hashimah shall be liable to Arsh value of which shall be 10% of Diyat.

(iii) Punishment for Shajjah-i-Munaqqilah; Under Section 337-A(iv) of P.P.C

Whoever causes Shajjah-i-Munaqqilah shall be liable to Arsh value of which shall be 15% of Diyat.

(iv) Punishment for Shajjah-i-Ammah; Under Section 337-A(v) of P.P.0

Whoever causes Shajjah-i-Ammah shall be liable to Arsh value of which shall be one-third of Diyat.

(v) Punishment for Shajjah-i-Damighah; Under Section  337-A(vi) of P.P.C

Whoever causes Shajjah-i-Damighah shall be liable to Arsh value of which shall be one-half of Diyat.

(IV) PUNISHMENT FOR JAIFAH; UNDER SECTION 337-D OF P.P.C

Whoever causes Jaifah shall be liable to Arsh value of which shall be one-third of diyat.

(V) PUNISHMENT FOR HURT BY RASH OR NEGLIGENT  DRIVING; UNDER SECTION 337-G OF P.P.C

Whoever causes hurt by rash or negligent driving shall be punished with Arsh or Daman specified for the kind of hurt the victim suffers as a result of such rash driving.

(VI) PUNISHMENT FOR HURT BY RASH OR NEGLIGENT ACT; UNDER SECTION 337-H OF P.P.C

Whoever causes hurt by rash or negligent act shall be punished with Arsh or Daman specified for the kind of hurt the victim suffers as a result of such rash'or negligent act.

(VII) PUNISHMENT 'FOR CAUSING HURT BY MISTAKE; UNDER SECTION 337-I OF P.P.C.

Whoever causes hurt by mistake shall be punished with Arsh or Daman specified for the kind of hurt the victim suffers as a result of such mistake.

(VIII) PUNISHMENT FOR HURT BY MEANS OF A POISON; UNDER SECTION 337-J P.P.C

Whoever causes hurt to any person by means of poison or any other intoxicant shall be liable to Arsh or Daman specified for the kind of hurt.

(IX) PUNISHMENT FOR CAUSING HURT TO EXTORT CONFESSION; UNDER SECTION 337-K OF P.P.C

Whoever causes hurt to any person to extort confession or to compel restoration of any property or valuable security, he shall be punished with Qisas, Arsh or Daman specified for the kind of hurt.

(X) WHERE HURT NOT LIABLE TO QISAS; UNDER SECTION 337-M OF P.P.C

This section provides That where hurt is not liable to Qisas because the offender is a minor or insane person, then he shall be liable to Arsh.

6. VALUATION OF ARSH FOR DIFFERENT ORGANS:

(I) ARSH FOR SINGLE ORGANS; UNDER SECTION 337-Q P.P.C

Where an offender causes Itlaf of an organ of the victim which is found singly in human body e.g. nose or tongue, the value of Arsh for such Itlaf shall be equivalent to Diyat.

(II) ARSH FOR ORGANS IN PAIRS; UNDER SECTION 337-R P.P.C

Where an offender causes Itlaf of an organ of the victim which is found in pairs in human body e.g. arm, leg etc., the value of Arsh for such Itlaf shall be one-half of the value of diyat in case Itlaf of one of the organ in that pair is caused e.g. Itlaf of one arm out of two. But where the Iflaf of the pair is caused, the value of Arsh shall be equal to the value of Diyat.

(III) ARSH FOR ORGANS IN QUADRUPLICATE; UNDER  SECTION 337-S P.P.C

The value of Arsh for causing Itlaf of organs found in sets of four e.g. eyelids shall be as follows;

(i) One-fourth of the Diyat, if the Itlaf is of one of such organs.

(ii) One-half of the Diyat, if the Itlaf is of two of such organs.

(iii) Three-fourth of the diyat, if the Itlaf is of three of such organs.

(iv) Full Diyat, if the Itlaf is of all the four organs.

(IV) ARSH FOR FINGERS; UNDER SECTION 337-T OF P.P.C

The value of Arsh for causing Itlaf of finger or its joint is as follows;

(i) Me of Finger of Hand or Foot: The value of Arsh for causing Itlaf of finger of hand or foot shall be one tenth of diyat.

(ii) Itlaf of a Joint of a Finger: The value of Arsh for causing Itlaf of a joint of a finger shall be one-thirtieth o f diyat.

(iii) Me of Joint of a Thumb: Where the Itlaf is of the joint of thumb, the value of Arsh shall be one-twenthlth of diyat.

(V) ARSH FOR TEETH; UNDER SECTION 337-U P.P.C

(i) Itlaf of a Single Tooth: The value of Arsh for causing Itlaf of a single tooth but such tooth must not be a mil tooth, shall be one-twentieth of diyat.

(II) Itlaf of Twenty or more Teeth: The value of Arsh of causing ,Itlaf of twenty or more teeth shall be equal t the value of diyat.

(iii) Itlaf of a milk tooth where it impedes the growth o new tooth: Although the punishment for Mai. of Milk Tooth is daman with imprisonment, but where such Itlaf obstruct or block the growth of a new tooth, the punishment shall be Arsh equivalent to one-twentieth of Diyat.

(VI) ARSH FOR HAIR; UNDER SECTION 337-V OF P.P.C

(i) Uprooting of all the Hair: Where anyone uproots all the hair of the head, beard, moustaches, eyebrows, eyelashes Or any other part of the body, he shall be liable to Arsh equivalent to diyat with imprisonment.

(ii) Uprooting of one Eyebrow: Value of Arsh for uprooting one of the eyebrows shall be one-half of diyat.

(iii) Uprooting of one Eyelash: Value of Arsh for P.P.C uprooting one eyelash shall be one-fourth of diyat.

7. MERGER OF ARSH; UNDER SECTION 337-W OF P.P.C
Where the accused causes more than one hurt, he shall be liable to Arsh specified for each hurt separately. E.g. Where an accused causes Itlaf of one year along with one hand, he shall be liable to Arsh for each such Itlaf. However following two conditions must be kept in mind while computing the value of Arsh;

(I) Where accused causes hurt to one organ, he shall be liable to Arsh for such organ and not Arsh for causing hurt to any other part of the same organ.

(i) Explanation:

Where accused causes Itlaf of finger of a hand and then causes Itlaf of the whole hand, here he shall be liable to Arsh for causing Itlaf of the whole hand and not for Mai of finger and hand separately.

(II) Where the accused causes many hurts to a person on his body and afterwards wounds join together and become a single wound, the accused shall be liable Arsh for such single wound.

(i) Explanation:

Where a person stabs a person twice in his stomach so close that as a result of such double attack two wounds form into a single wound. Here the accused shall be liable to Arsh for such single wound.

8. PAYMENT OF ARSH; UNDER SECTION 337-X OF P.P.C

(I) MODE OF PAYMENT:

Arsh shall be paid in the following ways;

(i) Lump Sum or

(ii) In installments.

Where the court allows the accused to pay Arsh in installments, such installments must not spread more than a period of three years from the date of final judgment.

(II) FAILURE TO PAY ARSH

Where a convict fails to pay Arsh in full of any part thereof within a period as specified above, he may be kept in jail under the pays the remaining part. In such way he shall be dealt in same manner as if he has got simple imprisonment. Such person may also be released on bail if he furnished security equal to the amount of Arsh in the satisfaction of the court.

(III) WHERE ACCUSED IDES BEFORE PAYMENT OF ARSH

Where the accused dies before payment of Arsh or any part thereof, the same shall be recovered for his state.

9. DISBURSEMENT OF ARSH; UNDER SECTION 337-Z OF PPC

Under the section, Arsh shall be payable to

(i) The victim; or

(ii) His heirs according to their share in victim's property, where the victim dies.

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