Daman under Pakistan Penal Code

1. RELEVANT PROVISIONS

Sections 299(D), 337 of P.P.C. 1860.

2. MODES OF PUNISHMENT UNDER QISAS & MAT ORDINANCE

Under this Law two kinds of punishments are provided, they are:

a)           Corporeal Punishments:

Corporeal punishments are as follows;

(i)            Qisas

(ii)           Tazir

(b) Compensatory Punishments:

Compensatory punishments as follows;

(i)            Diyat:

(ii)           Arsh:

(iii)          Daman:

3. DEFINITION OF DAMAN; UNDER SECTION 299(D)- OF P.P.C:

"Daman means the compensation determined by the court to be paid by the offender to the victim for causing hurt not liable to Arsh.

4. OFFENCES WHERE DAMAN IS AWARDED UND A PAKISTAN PENAL CODE

Punishment of Daman is awarded only in cases of hurt. We will see them one by one;

(I) PUNISHMENT FOR GHAYR JAIFAH; UNDER SECTION 337-F P.P.C:

Whoever does any act with the intention of causing hurt to any other person and in doing so he causes any type of Ghayr-Jaifah i.e.

(i)            Damiyah,            

(ii)           Badi'ah,

(iii)          Mutalahimah,    

(iv)          Mudihah,

(v)           Hashimah, or     

(vi)          Munaqqilah

Shall be liable to Daman with imprisonment.

(II) PUNISHMENT FOR HURT BY RASH OR NEGLIGENT DRIVING; UNDER SECTION 337-G P.P.C

Whoever causes any hurt which amounts to Ghayr-Jaifah or hurt Under Section 337-L to any person by rash or negligent driving shall be liable to Daman with or without imprisonment.

(III) PUNISHMENT FOR HURT BY RASH OR NEGLIGENT ACT; UNDER SECTION 337-H P.P.C

Whoever causes any hurt which amounts to Ghayr-Jaifah or hurt Under Section 337-L to any person by rash or negligent act shall be liable to Daman with or without imprisonment.

(IV) PUNISHMENT FOR CAUSING HURT BY MISTAKE; UNDER SECTION 337-1 P.P.C

Whoever causes any hurt which amounts to Ghayr-Jaifah or hurt Under Section 337-L to any person by mistake shall be liable to Daman.

(V) PUNISHMENT FOR CAUSING HURT BY POISON; UNDER SECTION 337-J P.P.C:

Whoever administers poison or any other like thing with the intention of causing any hurt or to facilitate the commission of a crime shall be liable to Daman if such hurt caused is Ghayr-Jaifah or hurt Under Section 337-L with imprisonment of either description which may extend to ten years.

(VI) PUNISHMENT FOR CAUSING HURT TO EXTORT CONFESSION; UNDER SECTION 337-K P.P.C

Whoever causes any hurt for the purpose of extorting confession or to compel restoration of property, shall be liable to Daman if the hurt caused is Ghayr-Jaifah or hurt Under Section 337-L along with the imprisonment of either description for a term which may extend to ten years.

(VII) PUNISHMENT FOR ANY OTHER HURT; UNDER SECTION 337-L P.P.C:

(i) Hurt which endangers life or causes sufferer to remain in pain for twenty or more days:

Whoever causes any hurt to any person which endangers his life or causes the sufferer to bear severe bodily pain for twenty or more days shall be liable to daman and also be punished with imprisonment of either description for a term which may extend to seven years.

(ii) Hurt not covered by sub-section 1 of section 337-L P.P.C

Whoever causes any hurt to any person which is not covered by Subsection 1 of Section 337-L shall be punished with imprisonment of either description for a term which may extend to two years or with daman or with both.

5. FACTORS TO BE CONSIDERED IN DETERMINING THE VALUE OF DAMAN; UNDER SECTION 337-Y(1) P.P.C

Value of Daman is not stated specifically anywhere rather it is decided by the court objectively keeping in mind the circumstances of each case. Under Section 337-Y(1) when a court determines the value of daman, it has to consider the following factors;

(i)            Expenses incurred on the treatment of the victim,

(ii)           Loss or disability caused in the functioning or power of any organ, and

(iii)          The compensation for the anguish suffered by the victim.

6. CONSEQUENCES FOR THE NON-PAYMENT OF DAMAN; UNDER SECTION 337-Y(2) P.P.C

Daman shall be recovered from the convict and in case the whole Daman is not recovered, the convict shall be kept in jail until the payment of Daman in full. The convict shall be considered to be in simple imprisonment during the period of his detaining in jail for non-payment of Daman. He may also be released on bail on furnishing security to the satisfaction of the court.

7. DISBURSEMENT OF DAMAN; UNDER SECTION 337-Z P.P.C

Daman shall be payable to the;

(I) Victim or

(ii) His heirs in case of death of victim according to their shares in property of the victim.

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