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PLIC CONSULTANTS

                 Some Important Definitions in Qisas & Diyat Ordinance

ADULT
It means a person who has attained, being a male the age of 18 years or being female age of 16 years or has attained puberty which is earlier.
ARSH
It means compensation specified in the chapter XVI of Qisas & Diyat Ordinance to be paid by the offender to the victim or his heirs.
AUTHORISED MEDICAL OFFICER
It means a medical officer/ medical board howsoever designated, authorised by Provincial Government.
DAMAN
It means compensation determined by court to be paid by the offender to the victim for causing hurt not liable to Arsh.
DIYAT
It means compensation specified in section 323, payable to the heirs of the victim by the offender.
QATL
It means causing death of a person.
TAZIR
It means punishment other than qisas, diyat,arsh or daman.
WALI
It means person entitled to claim qisas.

Sec 300. Qatl-I-Amd
Whoever with the intention of causing death or with the intention of causing bodily injury to a person,by doing an act which in ordinary course of nature is likely to cause death, or with the knowledge that his act is so imminently dangerous that it must in all probability cause death, causes of death of such an individual is said to commit qatl-I-amd.

Punishment : whoever commits qatl-I-amd shall subject to
Punished with death as qisas.
Punished with death or imprisonment for life as ta’zir.
Punished with imprisonment of either description for a term which may extend to 25 years, where according to the Injunctions of Islam of qisas is not applicable.

Sec 315. Qatl Shibh-I-Amd
Whoever with the intent to cause harm to the body or mind of any person causes the death of that or of any other person by means of a weapon or act which in the ordinary course of nature is not likely to cause death is said to commit qatl shibh-I-amd.

Punishment : whoever commits qatl shibh-I-amd shall be liable to Diyat and may also be punished with imprisonment of either description for a term upto 14 years as ta’zir

Sec 318. Qatl-I-Khata
Whoever without any intention to cause the death of or cause harm to, a person , causes death of such a person either by mistake of act or by mistake of fact, is said to commit qatl-I-khata .

Punishment : whoever commits qatl-I-khata shall be liable to Diyat provided that, where qatl-I-khata is committed by any rash or negligent driving, the offender may in addition to Diyat be also punished with imprisonment of either description for a term which may extend to 5 years as ta’zir.

Sec 321. Qatl-bis-Sabab
Whoever without any intention to cause death of or cause harm to, any person does any unlawful act which becomes cause of death for another person, is said to commit qatl-bis-sabab.

Punishment : whoever commits qatl-bis-sabab shall be liable to Diyat.
Court shall be subject to Injunctions of Islam s laid down by Holy Quran and Sunnah and keeping in view the financial position of the convict and heirs of the victim, fix value of diyat which shall not be less than 170,610 ( one hundred, seventy thousand, six hundred and ten rupees) being value of 30.630 gm of silver.
For the purposes of above section federal government by notification in the official Gazette, declare value of silver on first day of july each year.

Sec 332. HURT
Whoever causes pain, harm, disease, infirmity or injury to any person or impairs, disables or dismembers any organ of the body or part thereof of any person without causing his death, is said to cause hurt.
Itlaf-I-udw
Itlaf-I-salahiyat-I-udw
Shajjah
Jurh
All kinds of other hurts.

Sec 333. Itlaf-I-udw
Whoever dismembers, amputates, serves any limb or organ of another person is said to cause Itlaf-I-udw.

Punishment : whoever by doing an 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 or with the knowledge that he is likely thereby to cause hurt to any person cause itlaf-I-udw of any person shall in consultation with the authorised medical officer, be punished with qisas and if the qisas is not executable keeping in view principles of equality in accordance with Injunctions 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 10 years as ta’zir .

Sec 335. Itlaf-I-salahiyat-I-udw
Whoever destroys or permanently impairs the functioning power capacity of organ of the body by another person, or causes permanent disfigurement is said to cause Itlaf-I-salahiyat-I-udw.

Punishment: Whoeverby doing an act with the intention of causing hurt to any person, causes itlaf-I-salahiyat-I-udw of any person, shall in consultation with the authorised medical officer, be punished with qisas and if the qisas is not executable keeping in view principles of equality in accordance with the Injunctions of Islam, the offender will be liable to arsh and maybe punished with imprisonment of either description for a term which may extend to 10 years as ta’zir .

Sec 337. Shajjah
Whoever causes, on the hand /face of any person, any hurt which does not amount to Itlaf-I-udw or itlaf-I-salahiyat-I-udw is said to cause Shajjah. Following are the kinds of shajjah:
Shajjah-I-khafifah
Shajjah without exposing bone of the victim
Shajjah-I-mudihah
Shajjah by exposing bone but without causing fracture.
Shajjah-I-hashimah
Shajjah by fracturing the bone of victim without dislocating it.
Shajjah-I-munaqqilah
Shajjah by causing fracture of the bone of the victim and dislocating it.
Shajjah-I-ammah
Shajjah by causing fracture of the skull of the victim so that the wound touches membrane of the brain.
Shajjah-I-damighah
Shajjah by causing fracture of the skull of the victim and the wound rupture the membrane of the brain.

Sec 337-B. Jurh
Whoever causes any part of the body of a person, other than the head or face , a hurt which leaves a mark of the wound, whether temporary or permanent is said to cause jurh. It is of two kinds:
Sec 337-C. Jurh Jaifah
Whoever causes jurh in which the injury extends to the body cavity of the trunk, is said to cause jurh jaifah.
Sec 337-E. Jurh Ghayr Jaifah
Whoever causes jurh which does not account to jaifah, is said to cause ghayr-jaifah. Following are the kinds of ghayr jaifah:
Damiyah ____________in which skin is ruptured and bleeding occurs.
Badi’ah _____________ by cutting /incising flesh without exposing bone.
Mutalahimah __________ by lacerating the flesh.
Hashimah ____________ by causing fracture of a bone without dislocating it.
Munaqilah ____________ by fracturing and dislocating the bone.

Punishment of other Hurt
Sec 337-L1. Whoever causes hurt, not mentioned here which endangers life or which causes sufferer to remain in severe bodily pain for 20 days or more shall be liable to daman and also be punished with imprisonment of either description for a term which may extend to 7 years.
Sec 337-L2. Whoever causes hurt not covered by sub-section shall be punished with imprisonment of either description for a term which may extend to two years or with daman or with both.

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