QISAS AND DIYAT ACT 1997

2. QISAS AND DIYAT ACT 1997 Dr. Rubina Salma Yasmin MBBS, MCPS, M.Phil (Forensic Medicine)

3. Qisas & Diyat • All criminal offences against the person such as physical assault resulting in the wounding or killing of an individual have been amended by Qisas & Diyat act 1997. • All the existing criminal laws have been brought in conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah.

4. Qisas & Diyat • Changes were made in chapter 16 of the British era Pakistan Penal Code related to offences affecting human body. • Initially these new provisions, which are in accordance with the Islamic Junctions, were introduced through the Criminal Law Amendment Ordinance of 1990, known as Qisas and Diyat Ordinance.

5. Qisas & Diyat • Finally, in 1997 it became an Act of the Parliament. • The Act covered all offences against human body and provided for Qisas and Diyat.

6. Injury • The words Injury, Wound and Hurt are important terms. • Injury: • PPC section 44 defines injury as any harm caused illegally to any person in body, mind, reputation or property.

7. Wound • Wound: • Any break in the body tissues, externally or internally. • It is a medical term and is not defined in law.

8. Hurt • HURT: (SECTION- 332 Qisas & Diyat Ordinance) • Causing of pain, harm, disease, infirmity, injury or impairing, disabling, dismembering any organ of the body or part there of without causing death.

9. Definitions (Section-299) • These are important definitions in Qisas & Diyat Ordinance • Adult: It means a person who has attained being a male the age of 18 years or being a female age of 16 years. • Arsh:means the compensation specified in “Qisas&Diyat ordinance 1990” to be paid by the offender to the victim or his heirs.

10. Definitions (Section-299) • (c) Authorized medical officer: means a medical officer or a medical board howsoever designated, authorized by the provincial government. • (d) Daman: the compensation determined by the court to be paid by the offender to the victim for causing hurt not liable to arsh.

11. Definitions (Section-299) • (e) Diyat: means the compensation for causing death, specified in section 323 (value of diyat) payable to the heirs of the victim by the offender. • (f) Government: means the provincial government.

12. Definitions (Section-299) • (i) Minor: means a person who is not an adult. • (j) Qatl: means causing death of a person.

13. Definitions (Section-299) • (k) Qisas means equal 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 Qatl-i-Amad in exercise of the right of the victim or a wali i.e. life for life and an eye for an eye.

14. Definitions (Section-299) • (l) Ta’zir: means punishment other than qisas, diyat, arsh or daman. • (m) Wali: means a person entitled to claim qisas.

15. Law Relating to Death • A. Causing Death • QATL-E-AMD (SECTION 300) • * Whoever with the intention of causing death or with the intention of causing bodily injury to a person, by doing an act which in the 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 the death of such person, is said to commit qatl-e-amd

16. Law Relating to Death • QATL SHIBH-I-AMD SECTION-315 • *Intention to harm the body or mind of any person, but death occurs by means of a weapon or act which is unlikely in the ordinary course of nature. • QATL-I-KHATA SECTION-318 • *No intention to cause death or harm but death occurs by mistake of act or fact. • QATL-BIS-SABAB SECTION-321 • *No intention to cause death or harm but death occurs during the course of an unlawful act.

17. Law Relating to Death • B. Attempt to Cause Death • ATTEMPT TO COMMIT QATL-I-AMD. SECTION – 324 • Any attempt to commit Qatl-I-Amd resulting in hurt and not death. • ATTEMPT TO COMMIT SUICIDE SECTION – 325 • Any attempt to commit suicide.

18. Law Relating to Hurt • HURT: SECTION-332 • Causing of pain, harm, disease, infirmity, injury or impairing, disabling, dismembering any organ of the body or part there of without causing death.

19. Law Relating to Hurt • Classifications of Hurts: • There are two classifications of hurts. • A. Classification according to the part of the body involved • 1. Itlaf-i-Udw • 2. Itlaf-i-Salahiat-i-Udw • 3. Shajjah • 4. Jurh

20. Law Relating to Hurt • 1. Itlaf-i-Udw(Section 333) • Causing of dismemberment, amputation, severment of any limb or organ of the body of another person. • 2. Itlaf-i-Salahiyyat-i-Udw (Section 335) • Destroying or permanently impairing the function or capacity of an organ of the body by another person or causing permanent disfigurement.

21. Law Relating to Hurt • 3. Shajjah (Section 337) Hurt on the head or face which does not amount to Itlaf-i-Udw or Itlaf-i-Salahyyat-i-Udw.

22. Law Relating to Hurt • Types of Shajjah • (a) Shajjah-i-Khafifah: Hurt without exposing of bone. • (b) Shajjah-i-Mudihah: Exposing of bone without its fracture • (c) Shajjaj-i-Hashimah: Fracturing of bone without dislocation.

23. Law Relating to Hurt • (d) Shajjah-i-Munaqqilah: Fracturing of bone with dislocation. • (e)Shajjah-i-Ammah: Fracturing of bone and the wound touching the membranes of brain. • (f) Shajjah-i-Damighah: Fracturing of bone with rupturing of the brain membranes.

24. Law Relating to Hurt • 4. Jurh (Section 337 B) • Hurt on parts of the body other than the head and face bearing mark of a wound which may be temporary or permanent. • Types of Jurh: • 1. Jaifah (Section 337 C) • Injury extending to the body cavity of the Trunk. • 2. Ghayr-Jaifah (Section 337 E) • Jurh not amounting to Jaifah.

25. Law Relating to Hurt • Types of JurhGhair-Jaifah: • Damiyah - Section 337-E(a) - Rupturing of the skin with bleeding. • Badiah – Section 337- E(b) - Cutting of the flash without exposing the bone. • Mutalahimah – Section 337-E(c) - Laceration of flesh.

26. Law Relating to Hurt • Mudihah – Section 337-E(d) - Exposing of bone without fracture. • Hashimah – Section 337-E(e) - Fracturing of bone without dislocating it. • Munaqqilah – Section 337-E(f) - Fracturing of bone with it dislocation.

27. Law Relating to Hurt • All kinds of other hurts: • Section 337 – L1 • Whoever causes hurt, not mentioned before, which endangers life or which causes the sufferer to remain in severe bodily pain for twenty days or more or renders him unable to follow his ordinary pursuits for twenty days or more. • Section 337 – L2 • Whoever causes hurt not covered by subsection (1).

28. Law Relating to Hurt • Classification of Hurt According to Manner of Infliction • 1. Hurt by Negligent/Rash Driving • Section 337 – G • 2. Hurt by Negligent and Rash Act • Section 337 – H • 3. Hurt by Mistake (Khata) • Section 337 – I

29. Law Relating to Hurt • 4. Hurt by Means of Poison – Section 337-J • Causing hurt by administrating or causing to be taken poison or stupefying, intoxicating or unwholesome drug, or any other thing with intent to commit or to facilitate the commission of an offence.

30. Qisas & Diyat • Others Forms Of Qatl • Section-316, 319,320,322,323 • * QatlShibh-i-Amd, Qatl-I-Khata by mistake of fact or act or rash/negligent driving.

31. Qisas & Diyat Payment of the compensation i.e. Diyat The value of Diyat shall (Subject to injunction of Islam as laid in the Holy Quran and Sunnah and the financial position of the convict and heir of the victim) not be less than Rs 2,93,739/= being the value of 30,630 grams of silver.

32. Qisas & Diyat • Executable Hurt – Section-337-P • The Qisas shall be executed in the public by Authorized Medical Officer, with due care that execution does not cause death or exceed the hurt caused to victim.

33. Qisas & Diyat • Non-Executable Hurt Section-337-Q to Z • By payment of compensation i.e. arsh/daman (according to the principles of equality in accordance with injunctions of Islam.

34. Qisas & Diyat • Laws Relating to Execution of Qisas • Qatl – Waiver of Qisas (Section-309) • Any adult sane wali may at any time and without compensation waive his right of Qisas.

35. Qisas & Diyat • Compounding Of Qisas (Section-310) • An adult sane wali at any time in accepting “Badal-I-Sulh” compound his right of Qisas and the value and the badal-I-Sulh shall not be less thanthe value of Diyat. • Badal-I-Sulh means the mutually agreed compensation according to Shahriah to be paid in cash, in kind or any form of property (moveable or immovable)(not swarah)

36. Qisas & Diyat • Execution of Qisas (Section – 314) • It shall be executed by a functionary of government by causing death of the convict as the court may direct in the presence of wali or his authorized representative.

37. Qisas & Diyat • Hurt Not Liable To Qisas (Section 337 M) • a. When an offender is minor or insane. • b. When an offender at the instance of the victim causes hurt to him. • c. When the offender has caused Itlaf-I-Udw of physically imperfect organ of the victim and the convict does not suffer from a similar physical imperfection of such organ. • d. When the organ of the offender, liable for Qisas is missing.

38. Qisas & Diyat • Law Relating To Child • A. Exposure and abandonment of child under 12 years by parent or person having care of it – Section 328 (imprisonment up to 7 years with fine or with both) • If child dies – qatl-i-amd or qatl-i-shibh-i-amd or qatl-i-bisabab.

39. Qisas & Diyat • Concealment of Birth – Section 329 • Secretly burying or otherwise disposing of dead body of a child whether such a child dies before, during or after its birth.

40. Qisas & Diyat • Isqat-I-Haml (Section 338) • Causing a woman with child whose organs have not been formed, to miscarry, without good faith for the purpose of saving life of the woman or providing necessary treatment. • Punishment, if with consent of woman liable to ta’zir, imprisonment up to 3 years • Without consent of woman up to 10 years • If woman gets hurt or dies than in addition punishment of hurt or death to the offender.

41. Qisas & Diyat • Isqat-I-Janin – Section -338 (B) • * Causing a woman with child some of whose limbs or organs have been formed to miscarry without good faith for the purpose of saving life of the woman. • Punishment 1/20 of diyat if born alive • Full diyat if born alive and dies of the act • Imprisonment of either description upto 7 years as ta’zir.

42. Surah Baqra Verse No. 178 “O ye, who believe! Retaliation is prescribed for you in matter of murder.”

43. Surah Al Maida Verse No. 45 “And we prescribed for them therein; the life for the life, and the eye for the eye, and the nose for the nose and the ear for the ear and the tooth for the tooth and for wounds retaliation.”

44. INQUEST Dr. Rubina Salma Yasmin MBBS, MCPS, M.Phil (Forensic Medicine)

45. Inquest • Inquest • Inquest means a legal inquiry into the cause of death which is apparently not due to natural causes.

46. INQUEST • If death is due to any unnatural cause then an urgent inquest is necessary. • Such deaths are called unnatural or suspicious deaths.

47. INQUEST Types of inquest in Pakistan • Police Inquest • Judicial Inquest

48. Police Inquest Police Inquest: • This is an inquiry by a police officer into the cause of any unnatural or suspicious death. • The police officer making the preliminary inquiry is known as the investigating officer. • Police inquest is conducted by a police officer not below the rank of assistant sub – inspector of police.

49. Police Inquest • The police officers are authorized under section 174 of CPC to hold the inquest in cases of sudden unnatural and accidental deaths or those occurring under suspicious circumstances.

50. Police Inquest • The police officer is authorized to summons witness under section 175 of CPC and every person so summoned is bound to answer truly all questions, other than the question, the answer of which would have tendency to expose him to a criminal charge.