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PLD 2007 PESH. 31
Provisions of Ss.301 & 302, P.P.C. were to be interpreted, in view of provisions of S.338-
F, P.P.C. in the light of Injunctions of Islam as laid down in Holy Qur'an and Sunna of
Holy Prophet (PBUH) and as interpreted by Muslim Jurists.
2- RELEVANT PROVISIONS OF LAW
Qatl-e-amd Sec.300 to 314 and 324
3- CROSS REFERNCES
Surah Baqra , Ayat 178
Article 9 of Constitution of Pakistan
4- DEFINITION OF QATL U/S 299 (j)
1. Causing death
2. Of person
3. By another person
5- INGREDIENTS TO CONSTITUTE OFFENCE OF QATL-E-AMD U/S 300
1: An act
2: With intention
A) Of causing death, or
B) Injury
Which is likely to cause death
3: or, with knowledge that act will cause death10- WHEN QATL IS LIABLE TO QISAS?
GENERAL RULE
QATL E AMD is always liable to qisas.
EXCEPTIONS
Circumstances u/s 3061. Offender is minor
2. Offender is insane
3. Offender is ascendant of victim
4. Wali of victim is direct descendant of offender
Circumstances u/s 307 (c)
1. Right of Qisas devolves on offender due to death of Wali, or
2. On a person who has no right of qisas against the offender
11- IKRAH-E-TAM & IKRAH-E-NAQIS
A. Qatl –e-Amd under Ikrah-e-Tam
Ikrah-e-Tam-defined u/s 299 (g)
Putting any
1. Person,
2. His spouse, or
3. Blood relation (within the prohibited degree of marriage)
In fear of
1. Instant death, or
2. Instant permanent impairing of any organ of the body, or3. Fear of sodomy, or
4. Zina Bil Jabr
Punishment u/s 303
o For person causing Ikrah-e-Tam
He shall be punished as he committed Qatl by himself
o For person on whom Ikrah was made
Imprisonment upto 25 years and not less than 10 years
B. Qatl –e-Amd under Ikrah-e-Naqis
What is Ikrah-e-Naqis u/s 299(h)
Any kind of duress which does not amount to Ikrah-e-Tam is Ikrah –e-Naqis
Punishment
◦ For person causing Ikrah-e-Naqis
Imprisonment upto 10 year
◦ For person on whom Ikrah was made
Shall be punished for type of Qatl he committed
12- WAIVER AND COMPOUNDING U/S 309 & 310
ESSENTIALS1. Wali
2. Sane
3. Adult
4. At any time
5. Without compensation
WHEN CAN’T BE MADE
1. If Government is wali
2. If wali is minor
3. If wali is insane Badl sulh Can’t be
1. A female
If a female is given in badl-e-sulh punishment is upto 10 years imprisonment
and not less than 3 years imprisonment u/s 310-A
2. Less than Diyat
Other principles relating to Sulh
3. Government may compound
4. Payment of Badl-e-Sulh may be prompt or differed
5. If Wali is minor or insane, his wali may compound on his behalf.
13- CONCLUSION
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