1.
Introduction of Ikrah-e-Tam & Ikrah-e-Naqis
Pakistan
Penal Code has described various offense, which affect human body. With these
offences, some circumstances, in which such offences can be committed, have
also been explained. Among these circumstances, Ikrah-e-tam and ikrah-e-naqis
are most prominent, because the most heinous offence, which is murder, can be
committed under these two circumstances.
2.
Definition of Ikrah-e-Tam
Ikrah-e-tam
can be defined in following manner;
(i)
Fear of instant death
(ii)
Fear of instant or permanent impairing of any organ of body
(iii)
Instant fear of being subjected to sodomy or zina-bil-jabr
(i)
Fear of Instant death
Ikrah-e-tam
means putting any person, his spouse or any of his blood relations within
prohibited degree of marriage in fear of instant death.
(ii)
Fear of instant or permanent impairing of any organ of body
Ikrah-e-tam
means putting any person, his spouse or any of his blood relations within the
prohibited degree of marriage in fear of instant permanent impairing of any
organ of the body.
(iii)
Instant fear of being subjected to sodomy or zina-bil-jabr
Ikrah-e-tam
means putting any person, his spouse or any of his blood relations within
the prohibited degree of marriage in instant fear of being subjected to sodomy
or zina-bil-jabar.
3. Punishment for Ikrah-e-Tam
Following
persons can be punished as far as commission of qatl under Ikrah-e-tam is
concerned;
(i)
Commission of Qatl Under Ikrah-e-Tam
A
person, who commits qatl under ikrah-e-tam, is punished for imprisonment, which
can extend to twenty five years and should not be less than ten years.
(ii)
Causing of Ikrah-e-Tam
A
person, who causes ikrah-i-tam for commission of a qatl, is awarded that
punishment, which is awarded for the kind of Qatl, which is committed as a
consequence of ikrah-i-tam.
4.
Definition of Ikrah-e-Naqis
Ikrah-e-naqis
means any form of duress, which does not amount to ikrah-e-tam.
5. Punishment for Ikrah-e-Naqis
Following
persons can be punished as far as commission of qatal under Ikrah-e-naqis is
concerned.
(i)
Commission of qatl under Ikrah-e-Naqis
A
person, who commit qatl under Ikrah-e-naqis, is punished according to nature of
committed qatl.
(ii)
Causing of Ikrah-e-Naqis
A
person, who causes Ikrah-e-naqis for commission of qatl, is punished with
imprisonment for a term, which can extend to ten years.
6. Difference between Ikrah-e-Tam and Ikrah-e-Naqis
Following
are main differences between ikrah-e-tam and Ikrah-e-naqis
(i)
Scope
Ikrah-e-tam
is limited in scope while Ikrah-e-naqis is wide in scope.
(ii)
Punishment
According
to Pakistan Penal code, different punishment have been provided for commission
of qatl under ikrah-e-tam and Ikrah-e-naqis and also for causing of Ikrah-e-tam
and Ikrah-e-naqis.
(iii)
Element of Fear & Duress
As
far as ikrah-e-tam is concerned, element of fear plays an important role.
Contrary to this, element of duress plays an important role in cases of
Ikrah-e-naqis.
Conclusion
To
conclude, it can be stated that both ikrah -e-tam and ikrah-e-naqis are legally
different terms. However, both are those circumstances, which cause commission
of offence; in cases of ikrah-e-tam, it is fear, which causes commission of
offence, and it is duress, which causes commission of offence in cases of ikrah
-e-naqis.
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