Law On Qisas And Diyat And Its Application

LAW ON QISAS AND DIYAT AND ITS APPLICATION LAW ON QISAS AND DIYAT AND ITS APPLICATION [Addenda to the Article by the same author published in P L D 1991 Jour. 87] By Mr. Justice (Retd.) Mian Qurban Sadiq Ikram The Ordinance No. VII of 19Xl was not placed before the National Assembly. It, therefore, expired on 4‑1‑1991. A new Ordinance No. I of 1991 was made and promulgated on 4th January, 1991, which came into force at once. A few more amendments in the Pakistan Penal Code and Criminal Procedure Code, have been introduced in this Ordinance besides amending a few provisions of Ordinance VII of 1990. Section 54 of Pakistan Penal Code, has been amended by adding a proviso to the effect that the sentence of death passed against all offender convicted for an offence of dull shall not be commuted Without the consent of the heirs of the victim. Similarly a proviso has been added in section 55 of Pakistan Penal Code, to restrict the powers to commute sentence of imprisonment for life without the consent of the victim or, as the case maybe, of his heirs In Ordinance VII of 1990 arch was defined to mean the compensation to be paid BY THE OFFENDER to the victim or his heirs. Similarly diva) in the said Ordinance was defined to mean compensation specified in section 323 payable to the heirs of the victim BY THE OFFENDER. In the re‑enacted Ordinance the words "by the offender" have been omitted from these two definitions. In Ordinance VII of 1990 qisas was not defined. In this Ordinance visas has been defined to mean "punishment by causing similar hurt at the same part of the body of the convict as he has caused to the victim or by causing his death if he has committed (jail‑i‑amd, in exercise of the right of the victim or a wall". This definition lay emphasis on the word "similarly" which in fact is the basic principle of execution of the sentence of qisas. In Ordinance VII of 1990, section 323 provides for determination of "value of diyat". In subsection (1) of section 323, the words "one hundred seventy thousand and six hundred and ten rupees" have been omitted and the value of diyat has been fixed at thirty thousand six hundred and thirty grams of silver. Similarly in subsection (2) of section 323 the words "and on such date as it may deem lit, which shall be the value payable during a financial year" have been added. According to these amendments the minimum value of divas is no longer stated in section 323. It has been given in the form of quantity of silver at a particular time. In my view the value of Rs.1,70,610 as fixed in the Ordinance VII of 1990 should continue to hold good for guidance of Courts. In section 337‑K, the words "if for such hurt the punishment of qisas cannot be awarded" have been omitted and instead the words "as tazir" after the word `years' have been added. In section 32, subsection (1), in clause (a) of Cr.P.C. the words "arsh; daman;" have been inserted after the word "rupees". Section 345 of Cr.P.C. has also been amended to make provision and to specify the persons who can compromise, compound the offences under P.P.C. It may be added here that the provisions of sections 309, 310 and 311, P.P.C. will be attracted only after punishment of qisas has been awarded by a Court of competent jurisdiction. Before announcement of judgment, the relevant provision for compromise of offences will be in section 345, Cr.P.C. Section 402 of Cr.P.C. has been added to restrict/limit the powers of Provincial Government, Federal Government or the President to suspend, remit or commute any sentence without the consent of the victim or, as the case may be, of his heirs. The two offences relating to Qatl‑i‑Khata under section 319, P.P.C. and Qatl‑i-Khata by rash or negligent driving under section 320, P.P.C., have been made bailable.