Section: Pakistan Penal Codes ACT 1860

Question About: Qatl amd punishment

Q. Define Qatl-i-amd. What punishment can be awarded in a case of Qatl-i-Amd not liable to Qisas or when Qisas is not enforceable?

Answer

Qatl-i-Amd:

A person is said to commit Qatl-i-amd, if he n the death of a person with:
(i)the intention of causing death, or
(ii) with the intention of causing bodily injury to him, doing an act, which in the ordinary course of cause likely to cause death or
(iii) with the knowledge that his act is so dangerous that it must in all probability cause death

Causing death of person other than the person w death was intended:

Where a person by doing anything which he intends or, knows to be likely to cause death, causes death 01 person whose death he neither intends nor knows himself to be to cause, such an act committed by the offender shall be liable Qatl-i-amd.

Punishment in Qatl-i-amd not liable to qisas, etc

1. Where an offender guilty of Qatl-i-amd is not Ha qisas under Section 306 or the Qisas is not enforceable under clause (c) of Section 307 he shall be liable to Diyat:
Provided that where the offender is minor Diyat shall be payable either from his property or person as may be determined by the Court:
Provided further that where at the time of cc” Qatl-i-amd the offender being a minor, had attained sufficient’ maturity or being insane, had a lucid interval, so as to be to realize the consequences of his act, he may also be punished with important of either description for a term which extend to fourteen years as ta’zir.
Provided further that where the Qisas is not enforceable under clause (c) of Section 307, the offender shall be liable Diyat only if there is any Wali other than offender and if is no Wali other than the, offender, he shall be punished imprisonment of either description for a term which extend to fourteen years as ta’zir.
(2) Notwithstanding anything contained in sub-section the Court, having regard to the facts and circumstance of the case in addition to the punishment of Diyat punishes the offender with imprisonment of description for a term which may extend to fourteen years as ta’zir.
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