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    Wednesday, 29 November 2017

    Ghayer-jaifah, it's Kinds and Punishment

    1. Introduction
    Causing of hurt to another person is an offence under Pakistan Penal Code, Pakistan Penal Code has described different kinds of hurt. Among these kinds, jurh is a kind of hurt and Jaifah and Ghayr jaifah are two different kinds of jurh.

    2. What is offence when an injury extends to body cavity of Trunk? or Jaifah
    When a person causes jurh in which injury extends to body cavity of the trunk, causing of such injury is called jaifah. And it is an offence under Section No. 337-C Pakistan Penal Code.

    3. Punishment when an injury extends to body cavity of Trunk? or Punishment for Jaifah
    Following two punishments have been provided against commission of Jaifah:

    (i) Arsh
    According to Pakistan Penal Code, a person, who commits Jaifah, is liable to arsh, which should be one-third of diyat.

    (ii) Tazir
    According to Pakistan Penal Code, a person, who commits Jaifah, can also be punished with imprisonment, which can extend to ten years as tazir.

    4. Definition of Ghayr-jaifah
    According to Pakistan Penal Code, causing of jurh, which does not amount to jaifah, is called Ghayr-jaifah.

    5. Kinds of Ghayr-jaifah

    In Pakistan Penal Code, following six different kinds of Ghayr-jaifah have been described;

    (i) Ghayr-jaifah Damiyah
    Ghayr-jaifah damiyah is that type of hurt, which ruptures skin and causes bleeding.

    (ii) Ghayr-jaifah Badi'ab
    Ghayr-jaifah badi'ah is that type of hurt, which cuts or incises flash but does not expose bone.

    (iii) Ghayr-jaifah Mutalahimah
    Ghayr-jaifah mutalahimah is that type of hurt, which lacerates flash.

    (iv) Ghayr-jaifah Mudihah
    Ghayr-jaifah mudihah is that type of hurt, which causes exposing of bone.

    (v) Ghayr-jaifah Hashimah
    Ghayr-jaifah hashimah is that type of hurt, which fractures bone but does not dislocate it.

    (vi) Ghayr-jaifah Munaqqillah
    Ghayr-jaifah munaqqillah is that type of hurt, which not only fractures bone, but also dislocates it.

    6. Explanation of Ghayr-jaifah
    Following points are important for further explanation of Ghayr-jaifah and its kinds

    (i) Kinds of Jurh
    Ghayr-jaifah is a kind of Jurh.

    (ii) Intentional Injury to Person
    Ghayr-jaifah is considered an intentional injury to person.

    (iii) Punishments
    Following two punishment have been provided against Ghayr-jaifah.

    (a) Daman
    Daman as punishment has been provided against all kinds of Ghayr-jaifah.

    (b) Tazir
    Following different terms of imprisonment as tazir have been provided

    (b-i) Imprisonment against Ghayr-jaifah damiyah & badi'ah
    A person, who commits Ghayr-jaifah damiyah or badi'ah can be punished with imprisonment, which can extend to one years.

    (b-ii) Punishment against Ghayr-jaifah Mutalahimah
    A person, who commits Ghayr-jaifah mutalahimah, can be punished with imprisonment, which can extend to three years.

    (b-iii) Punishment against Ghayr-jaifah Mudihah & Hashimah
    A person, who commits Ghayr-jaifah mudiahah or hashimah, can be punished with imprisonment, which can extend to five years.
    Ghayr-jaifah.

    (b-iv) Punishment against Ghayr-jaifah Munaqqiallah
     A person, who commits Ghayr-jaifah munaqqillah, can be punished with imprisonment, which can extend to seven years.

    Conclusion

    To conclude, it can be stated that different nature and tenures of punishments have been provided against Jaifah and  Ghayr-jaifah. As far as nature of punishment is concerned, arsh has been provided against jaifah while daman has been provided against Ghayr-jaifah. At the same time, different tenures of imprisonment as tazir have been provided against Jaifah and Ghayr-jaifah.
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