QATL, KINDS AND ITS PUNISHMENTS.
By:
YASIR ALEEM FATIANA
Lecturer
in
Definition
Qatl means causing
death of a person.
Types of Qalts defined in
PPC 1860.
The following
kinds of Qatl have been defined in
§
Qatl e Amd
§
Qatl e shibh amd
§
Qatl e khata
§
Qatl e bis sabab
Qatl e Amd
Definition of Qatl Amd has been provided under
section 300 PPC which is as follows,
“Who ever with the intention of causing
death or with the intention of causing bodily injury to a person by doing an
act which in ordinary course of nature is likely to cause death, or with the
knowledge that his act is so imminently dangerous that it must in all probability
cause death, causes death of such person is said to commit Qatl
amd”.
The accused can
only be held culprit if the injury is direct result and consequence of his
death and the action or omission is an intentional murder which falling under
definition of section 300 of PPC 1860.
Ingredients of the offence are felonious and an injury causing the death. Mere
the provisions of the law are not sufficient for constitution of the offence,
and implication of the accused. The provision of 300 has provided for the
murder of offence which are exclusively are falling under the provision of Qatl-i-Amd and have contemplated by offender with intention
and knowledge. Any qatl which is committed under the Ghariat or sudden provocation caused by outcome of any
event is also falling under definition of intentional murder.
Punishments of Qatl u/s
302 PPC
Three
punishments have been provided under section 302 PPC are as follows,
i.
Death as qisas
ii.
Death or imprisonment for life as tazir if
proof provided in 304 PPC is not
available
iii.
Imprisonment which may extend to twenty five years.
Concept of Qatl and qisas in Islam.
“Oh belivers Qisas have been made
obligatory on you in case of Qatl.”
“If any one
kills a human being except in Qisas or Fasad he will be treated as if he has killed the whole
humanity”
Human life and
integrity is supreme in Islam and too much sanctity has been attached to it.
The charge of common intention to murder in pursuit of a family vendetta at
such stage as to whose shot proved fatal. The qatl-i-amd
is punishable as Qisas, and if evidential standard is
not fulfilled than punishment as Tazir up to twenty
five years imprisonment.
Murder Reference to High Court
Punishment of death shall not be executed
unless confirmed by the High Court under section 374 CrPC
if passed by the session judge.
Following persons shall not be liable to qisas for qatl amd section 306 PPC
§
When the offender is minor or insane,
§
When he causes death of his child or grand child how low so ever,
§
When any wali of the victim is a direct
descendent how low so ever of the offender
Qisas for qatl amd shall
not be enfocered under section 307 if
§
The offenders dies before the execution,
§
When any wali waives or compounds under
section 309 or 310,
§
When the right of qisas devolves on the offender
as a result of death of wali of victim or right
devolves on any other person who has no right of qisas
against the offender,
§
It can be waived under section 309 PPC by an adult sane wali at any time with out compensation but it cannot be
waived where wali is minor or where government is wali,
Waiver of Qisas
An adult sane wali may at any time wives his right of Qisas
under section 309 PPC with out any compensation .The wali
who does not waive shall be entitled to his share of diyat.
It can not be waived on behalf of the minor and where Government is the Wali
Compounding of qatl
amd
It may be compounded under Section 310 PPC by
an adult sane wali at any time on accepting badl sulh which is mutual agreed
compensation and may be any thing but female can’t be given in badl sulh. Moreover it can be
compounded on behalf of the minor or by the Government but value shall not be
less than diyat
Section 315 defines Qalt-i-shibh-Amd,
“Whoever with
to cause harm to body, causes death of human being with the weapon which is not
in ordinary course of nature likely to cause death. Number of injuries, nature,
seat, part of the body is also determining factor in order to bring it in the
category of Qatl e shibh amd. The punishment provided is diyat
and imprisonment which may extend to twenty five years as tazir.
“
That act or
omission is not often regarded as probable consequence of death. It is question
of medical science to determine the fact rather employment of weapon has caused
the death of that person as result of hit or striking of weapon on the body of
person. The direct consequence of death as result of the weapon used to cause
the death of that person is ultimate principle of criminology for putting
criminal liability on the person for commission of the offence of Qatl. Non-production of most natural and independent
witness of occurrence only leads to presumption that Qatl-i-Shaib-amd
has been committed. The section is applicable to circumstance where the
fighting has taken place out of sudden impulses without premeditation causing
the death of human being and means or weapon used by offender do not cause the
death of human ordinary course of life.
Qalt-i-Khata
“When any act
or omission is done by mistake of fact or mistake of act causes the death of
human being without any intention or knowledge is said to have committed the qatl-i-khata.”
The act must be mistake of fact not mistake of
law and foresightedness of the person is important element in determination of
the criminal liability. The provision of the section shall only be applicable
to the action or omission which is done under sudden mistake of fact. The
action which are done without premeditation or intention or having
foresightedness cause the death of human can be placed under the provision
dealing with Qatl-i-khata .
The Qatl-i-khata has no relevance with the provision of the act
which is done under sudden provocation. The qatl-i-khata
is liable to diyat but if the commission of the Qatl-i-khata is committed under rash or negligence act the
additional punishment of five years and in case of negligent driving it may
extend to ten years.
Qalt-bis-sabab.
“When any
person without having intention of causing death of person or harm does any
unlawful act which becomes the cause of death of another person is said to have
committed Qatl-i-bis sabab.”
The qatl-bis-sabab is murder without intention on the part of
the accused, with the weapon or instrument which is neither regarded as the
instrument nor weapon. The element of unlawful must be there for constitution
of the offence under heading of Qatl-bis-sabab. The
accused should not have any intention or motive or premeditation plan for
commission of offence and the circumstance evidence must negate the intention
of the accused. The punishment of Qatl-bis-sabab is
provided in section 322 which is liable to diyat.
Qatl committed
under compulsions If death caused under putting person instant fear of death or
permanent impairing the organ with knowledge and foresightedness that act or
omission constitute the commission of offence under section 303 of PPC 1860.
Punishment as Diyat
The diyat means the compensation awarded to the accused as
punishment for commission of the offence specified in section 323 of PPC
payable to heir of the victim. The value of the diyat
should no be less than the value of thirty thousand six hundreds and thirty
grams of silver. The value of silver shall be announced by the Government each
year on the 1st of july.
In cases of Qatl-i-Amd, diyat
can be awarded where the offence committed is proved to be not liable to Qasis or where the Qasis is not
enforceable. The consideration in such cases is badl-e-sulh
as laid down in section 310 Of PPC 1860.
The amount of diyat is to be disbursed amongst the heir of victim
according to shariah under section 330 PPC. In case
where an heir forgoes his shares it shall not be recovered. It can be ordered
to be paid in lump sum or in installment by the offender as provided under
section 331 PPC; it is the discretion of the court. The offender’s default to
pay the amount will be liable to imprisonment.
Punishment as Tazir When evidential standard as provided in PPC and Qunun shahadat order 1984 is not
available; the court can award the punishment in Tazir
for commission of offence of Qatl. It includes
punishment of imprisonment, forfeiture of property and fine. Award of Tazir has been left at the discretion of the court which
must be exercised in a judicial manner and according to the facts and
circumstances of the case.
Old law
Homicide means
killing of a human being by a human being. It may be either lawful or unlawful.
Lawful homicide
is further divided into
Excuse able homicide
For example
Death caused by
misfortune or by accident or by child or by the person of unsound mind.
Justifiable homicide
For example
A judge acting
judicially or person justified by the law or in right of private defence.
Unlawful
homicide
Death by doing
§
An act with the intention of causing death
§
An act with the intention of causing such bodily injury as is likely to
cause death or
§
An act with the knowledge that the act was likely to cause death.
Culpable homicide is murder if the act by which the death is caused is done
with the intention of causing death or
It is done with
the intention of causing such bodily injury as the offenders knows to be likely
to cause to cause death of the person to whom it is caused or
If it is done
with the intention of causing bodily
injury to any person and the bodily injury intended to be inflicted is
sufficient in the ordinary course of nature to cause death or
If the person
committing act knows that it is so imminently dangerous that it must in all
probability cause death.
Exceptions.
§
If the offender deprived of the power of self control by grave and
sudden provocation
§
If a person exceeds the powers given to him by law in self defence in good faith
§
Public servant acting for the advancement of public justice exceeds his
powers with out any ill will
§
If it is committed without premeditation in a sudden fight in the heat
of passion upon a sudden quarrel
When a person who is above the
age of 18 years suffers death with his own consent.