(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, isqat-i-Haml and isqat-i-janin are those hurts, which are
caused during pregnancy.
(2) Definition of Isqat-i-Haml
When a person causes woman to miscarry especially in a
situation where such woman is pregnant with child and organs of the child have
not been formed and such miscarriage is not caused in good faith for purpose of
saving life of the woman or providing necessary treatment to her, he/she causes
isqat-i-haml.
(3) Explanation of Isqat-i-Haml
Following points are important for further explanation of
isqat-i-Haml;
(i) Causing of Isqat-i-Haml
Isqat-i-Haml can be caused not only by another person, but
can also be caused by woman to herself.
(ii) Punishments against Isqat-i-Haml
Either of following punishment can be awarded against
isqat-i-haml according Pakistan Penal Code;
(a) Punishment for Isqat-i-Haml with consent of women
Following two cases can be mentioned as far as punishment
against isqat-i-haml through consent of woman is concerned;
(a-i) Punishment against Isqat-i-Haml
When isqat-i-haml is caused with consent of woman,
punishment for such isqat-i-haml is imprisonment, which can extend to three
years.
(a-ii) Punishment in case of Hurt to Death
When isqat-i-Haml through consent of woman results into
causing hurt to woman to death of woman, convict is also liable to that
punishment, which has been provided for such hurt or death.
(b) Punishment for Isqat-i-Haml without consent of woman
Following two cases can be mentioned as far as punishment
against isqat-i-haml without consent of woman is concerned;
(b-i) Punishment against isqat-i-haml
When isqat-i-haml is caused without consent of woman,
punishment for such isqat-i-haml is imprisonment, which can extend to ten
years.
(b-ii) Punishment in case of Hurt to death
When isqat-i-haml without consent of woman results into
causing hurt to woman or death of woman, convict is also liable to that
punishment, which has been provided for such hurt or death.
(4) Definition of Isqat-i-Janin
When a person causes a woman to miscarry especially in a
situation where such woman is pregnant with child and some of limbs or organs
of the child have been formed and such miscarriage is not caused in good faith for purpose of saving
life of the woman, he/she causes isqat-i-janin.
(5) Explanation of Isqat-i-Janin
Following points are important for further explanation of
isqat-i-janin
(i) Causing of Isqat-i-janin
Isqat-i-janin can be caused not only by another person, but
also by woman to herself.
(ii) Punishments against Isqat-i-Janin
Either of following punishments can be awarded against
isqat-i-janin according Pakistan Penal Code;
(a) Punishment when Child is Born Dead
When a person causes isqat-i-janin and child is born dead,
convict is liable to one-twentieth of diyat and is punished with imprisonment,
which can extend to seven years.
(b) Punishment when child is born Alive, But dies
When a person causes
isqat-i-janin and child is born alive but dies as a result of any act of
offender, convict is liable to full diyat and is punished with imprisonment,
which can extend to seven years.
(c) Punishment in case of more than one child
When a person causes
isqat-i-janin and there are more than one child in womb of woman, convict
liable to separate diyat or tazir for every such child.
(d) Punishment in case of Hurt or Death
When isqat-i-haml
results into causing hurt to woman or death of woman, convict is also liable to
that punishment, which has been provided for such hurt or death.
Conclusion
To conclude, it can
be stated that causing of miscarriage is though basic point as far as both
isqat-i-haml and isqat-i-janin are concerned, yet they have been described as
separate offences and their different punishments have been provided under
Pakistan Penal Code.
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