Section: Pakistan Penal Codes ACT 1860
Question About: when punishment of Qisas cannot he enforced
Q. When in a case of Qatl-i-Amd an accused is not liable to Qisas and when punishment of Qisas cannot he enforced
for Qatl-i-amd?
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Answer
Ans:
Qatl-i-amd is not liable to Qisas:
According to S. 30o of P P.C. Qatl-i-Amd shall not be liable to Qisas in the following cases, namely:
(a) when an offender is minor or insane:
Provided that, where a person liable to Qisas associates with himself in the commission of the offence a person not liable to Qisas with the intention of saving himself from Qisas, he shall not be the exempted from Qisas;
(b) when an offender causes death of his child or grandchild, how lowsoever, and
(c) when a Wali of the victim is a direct descendant, how low so ever, of the offender.
Cases in which Qisas for QatI-i-amd shall not enforced:
According to Section 307 Qisas for Qatl-i-Amd shall be enforced in the following cases, namely:
(a) when the offender dies before the enforcement of Qisas;
(b) when any wall voluntarily and without duress, satisfaction of the Court, waives the right of Qisas Section 309 of compounds under Section 310; and
(c) when the right of Qisas devolves on the offender result of the death of the Wali of the victim or on person who has no right of Qisas against the offender
Illustration
(I) A kills 1 the maternal uncle of his son B. Z, has no Wall except D, the wife of A, D. has the right of from A. But if D dies, the right of Qisas shall devolve her son B who is also on of the offender, .4, B claim Qisas against his father. Therefore, the cannot be enforced,
(ii) B kills Z, the brother of her husband A, Z has no ha except A. Here A can claim Qisas from his wife B. But A dies, the right Qisas shall devolve on his son D who also son of B. The Qisas cannot been forced against B
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