Answer
Ans: Limit of Arsh:
I. Arsh for single organs:
The arsh of causing itself of an organ which is found singly in a human body shall be equivalent to the value of Diyat.
Explanation:
Nose and tongue are included in the organs which are found singly in a human body.
2. Arsh of organs in pairs:
The arsh for causing itself or organs found in a human body in pairs shall be equivalent the value of diyat and if itself is caused to one of such organs the amount of arsh shall be one half of the diyat.
Provided that, where the victim_has only one such organ or his other organ is missing or has already become incapacitated the arsh for causing itself of the existing or capable organ shall be equal to the value of diyat.
Explanation: Hands. feet, eyes, lips and breasts are included1 in the organs which are found in a human body in pairs:
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3. Arsh for organs in quadruplicate:
The arsh for causing itself or organs found in a human body in a set of four shall be equal
(i) One-fourth of the Diyat of the itself is one of such Organs;
(ii) One half of the Diyat, if the itself is of two of such1 organs;
(iii) Three fourths of the Diyat, if the itself is of three of sucl organs; and
(iv) Full, Diyat, if the itself is of all the four organs.
Explanation:
Eyelids ae organs which are found in a humaz body in aset of four.
4. Arsh for finger:
(i) The arsh of causing itself of a finger of a hand or fd shall be on-tenth of the Diyat:
(ii) The arsh for causing itself of a joint of a finger shall one thirtieth of the Diyat.
Provided that where the itself is of a joint of thumb, the ars shall be one twentieth of the Diyat.
5.Arsh for teeth:
(i) The arsh for causing itself of a tooth, other than a mt. tooth shall be one twentieth of the Diyat.
Explanation:
The impairment of the portion of a tooti outside the gum amounts to causing itself of a tooth.
(ii) The arsh for causing itself of twenty or more teeth shall be equal to the value of Diyat.
(iii) Where the itself is of a milk-tooth the accused shall liable to daman and may also be punished with imprisonment of either description for a term which may extend to one year.
Provided that where itself of a milk tooth impedes the growth of a new tooth the accused shall be liable to arsh specified in subsection (1).
6.Arshior hair:
Whoever uproots
(a) All tI hair of the head, beard, moustaches, eyebrow eye-clashes or any other part of the body shall be liable to arsh equal to Diyat and may also be punished with imprisonment of either description for a term which may extend to three years as ta’zir.
(b) One eyebrow shall be liable to arsh equal tq one half of the Diyat; and
(c) One eyebrow shall be liable to arsh equal to 0fl6 forth of the diyat.
\Where the hair of any part of the body of the victim are forcibly removed by any process not covered under sub-section (1), the accused shall he liable to daman and imprisonment of either description which may extend to one year.
Merger of Arsh:
Where an accused causes more than one hurt, he shall be liable to the Arsh specified for each hurt, separately;
. Provided that, where:
(a) Hurt is caused to an organ, the accused shall be liable to Arsh for causing hurt to such organ and not for Arsh for
causing hurt to any part of such organ and
(b) (b) The wounds join together and from a single wound, the accused shall be liable to Arsh for one sound.
Illustrations
(c)
(i) A amputates Z’s finger of the right had and then at the same time amputates that hand from the joint of his wrist. There is separate Arsh for hand and for fingers. A shall, however, be liable to Arsh specified for hand only. A twice stabs Z on his thigh. Both the wounds are so close to each other that they form into one wound. A shall be liable to Arsh for one wound only.
(ii) A twice stabs Z on his thigh. Both the wounds are so close to each other that they form into one wound. A shall be liable to Arsh for one wound only.
Where, after causing hurt to a person, the offender causes death of such person by committing Qatl liable to Diyat. Arsh shall merge into such Diyat:
Provided that the death is caused before the healing of the wound caused by such hurt.
Payment of Arsh:
(a) The Arsh may be made payable in a lump-sum or in installments spread over a period of three years from the date of the final judgment.
(b) Where a convict fails to pay Arsh or any part thereof within the period specified in sub-Section (1). The convict may be kept in jail and death within the same manner as if sentenced to simple imprisonment until a Arsh is paid in full or may be released on bail if he furnished secur(ty equal to the amount of Arsh to the satisfaction of the court.
(c) Where, a convict dies before the payment of Arsh or any part thereof, it shall be recovered from his estate.