Answer
Definition of Hurt:
According to Section 32 the Pakistan penal Code:
“Whoever cause pain, harm, disease, infirmity or injury to any person or impairs, disables or dismembers any organ of the body is said to cause hurt.”
Illustration
Offence of “Hurt” is harm caused to human body other than death.
Essential ingredients:
The essential ingredients of hurt are:
1. causing to any person.
2. Without causing the death.
3. Pain, harm, disease, infirmity or injury; or
4. Impairing, disabling, or dismembering any organ of the body.
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Hurt not liable to Qisas:
According to Section 337-M. Hurt shall not be liable to qisas in the following cases namely:-
(a) When the offender is a minor or insane;
Provided that he shall be liable to a rash and also to ta’zir, to be determined by the court having regard to the age of offender, circumstances of the case and the nature of hurt caused:
(b) When an offender at the instance of the victim causes hurt to him; provided that the offender may be liable to ta’zir provided for the kind of hurt caused by him;
(c) When the offender has caused itlaf-i-udw of a physically imperfect organ of the victim and the convict does not suffer from similar physical imperfection of such organ.
Provided that the offender shall be liable to rash and may also be liable to ta’zir provided for the kind for hurt caused by him; and
(d) When the organ of the offender liable to qisas is missing. Provided that the offender shall be liable to Arsh and may also be liable to tazir provided for the kind for hurt caused by him.
Illustration
(i) A amputates the right ear of Z, the half of which was already missing. If A’s left ear is perfect, he shall be liable to a rash and not qisas.
(ii) If in the above illustration Z’s ear is physically perfect but without power of hearing, A shall be liable to qisas because the defect in Z’s ear is not physical.
(iii) If in illustration (1) Z’s ear is pierced. A shall be liable to qisas because such minor defect is not physical imperfection.
Cases in which Qisas for hurt shall not be enforced:
1. The qisas for hurt shall not be enforced in the following cases; namely:
(a) When the offender dies before exception of Qisas;
(b) When the organ of the offender liable to Qisas is lost before the execution of Qisas.
Provided that the offender shall be liable to Arsh, and may also be liable to Ta’zir provided for the kind of hurt caused by him.
(c) When the victim waives the Qisas or compounds the offence with Badl-i-Sulh; or
(d) When the right of Qisas devolves on the person who cannot claim Qisas against offender under this Chapter.
Provided that the offender shall be liable to Arsh if there is any Wali other than the offender, and if there is no Wali other than the offender he shall be liable to Tazir provided for the kind of hurt caused by him.
2. Notwithstanding anything contained in this Chapter, in all cases of hurt, the Court may, having regard to the kind of-hurt caused by him, in addition to payment of Arsh, award Tazir to an offender who is previous convict, habitual or hardened, desperate are dangerous criminal (Section 337-N).
Execution of qisas for hurt:
Qisas shall be executed in the public by an authorized medical officer who shall before such execution examine the offender and take due care so as to ensure, that the execution qisas does not cause the death of the offender are exceed that hurt caused by him to the victim.
2. The wali shall be present at the time of execution and if the wali or his representative is not present, after having been informed of the date, time and place by the Court and officer authorized by the court in this behalf shall give permission for the execution of qisas.
If the convict is a woman who is pregnant, the court may in consultation with an authorized medical officer, postpone the execution of qisas up to a period to two years after the birth of the child and during this period she may be released on bail on furnishing of security to the satisfaction of the court or, if she is not so released shall be dealt with as if sentenced to simple imprisonment.