Section: Pakistan Penal Codes ACT 1860

Question About: What kind of hurt is liable to Qisas

Q.Distinguish between “Itlaf-e-Udw” and “Itlaf-e-Salahiya-e-Udw”. OR Q.What kind of hurt is liable to Qisas?

Answer

ItIaf-e-Udw:

Itlaf-e-Udw. Whoever dismembers, amputates, any limb or organ of the body of another person is said to cause Itlaf-e-Udw. (Section 334).

Punishment for ltlaf-e-Udw:

According to Section 334 whoever by doing any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, causes ltlaf-e-Udw of any person, shall in consultation with the authorized medical officer, be punished, with Qisas, and if the Qisas is not executable keeping in view the principles of equality in accordance with the Injunction of Islam, the offender shall be liable to Arsh and may also be punished with imprisonment of either description for a term which may extend to ten years as Ta’zir.

Itlaf-e-Salahiyat-e-Udw:

According to S. 335 whoever destroys or permanently impairs the functioning power or capacity of an organ of the body of another person, or causes permanent disfigurement is said to cause Itlaf-e-Salahiyat-e-Udw.

Punishment for Itlaf-e-Salahiyat-e-Udw:

According to Section, 336, whoever by doing any act with the intention of causing hurt to any person, or with the knowledge that he is likely to cause hurt to any person, cause Itlaf-e-Salahiyat-e-Udw or any person, shall in consultation with the authorized medical officer be punished with Qisas and if the Qisas is not executable keeping in view the principles of equality in accordance with the injunction of Islam, the offender shall be liable to Arsh and may also be punished with imprisonment of either description for a term which may extend to ten years as Tazir.
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