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    Tuesday, 28 November 2017

    Ikrah-e-Tam and Ikrah-e-Naqis and its Punishment

    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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    Item Reviewed: Ikrah-e-Tam and Ikrah-e-Naqis and its Punishment Rating: 5 Reviewed By: Usman Ali
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