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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