It's about Pakistan penal code, Summaries of Law

Download It's about Pakistan penal code and more Summaries Law in PDF only on Docsity! Introduction: Punishment is the suffering in person or property inflicted by society on the offender who has been adjudged guilty of crime under the law. The main object of awarding punishments for offense is to create such an atmosphere which restrain people doing such offences. Section 53 of P.P.C defines several types of punishments for different offences. Definition of punishment: Black’ s Law dictionary “Any fine, penalty or confinement inflicted upon a person by the authority of the law and the Judgement and sentence of a court, some crime or offence committed by him or his omission of a duty enjoined by law” Relevnt provisions: Following are the relevant provisions of P.P.C regarding concerned topic. Section 53 of P.P.C. Purpose of punishment The purpose of punishment is the prevention of P.P.C offences . Kinds of punishment u/sec 53: The punishments to which offenders are liable under the provisions of P.P.C are as under. 1- Qisas 2- Diyat 3- Arsh 4- Daman 5- Tazir 6- Death 7- Imprisonment for life 8- Imprisonment which namely (i) Rigorous i-e with hard labour (ii)Simple 9- Forfeiture of property 10- Fine (I)Qisas: Qisas means “ To copy the other” or to follow the part followed by the other. The basic principle of Qisas is similarity. If similarity of injury is not possible- qisas may not be enforced. (i) Definition u/SEC 299 (K): “Qisas means punishment by causing similar hurt at the same part of the body of the convict as he has caused to the victim or by causing his death, if he has committed qatl-i-amd in exercise the right of the victim or a wali (ii) Exection of Qisas There are four cases in which qisas is not applicable on the offender. Death of offender: Where the offender dies before the enforcement of Qisas. Waiver by wali: Where right of qisas is waived by any wali. C. Right of Qisas devolves on offender: (iii) Hijacking u/sec 403- B, P.P.C. etc. (Vii) Imprisonment for Life: Sentence of imprisonment for life means, for remaining as span of natural life of convict, which is accepted as being of 25 years duration. (PLD 1968 LAH. 1) Following are some of the offense, where it may be inflicted, as punishment. (i) Sedition u/sec 124-A P.P.C. (ii) Counterfeiting Pakistan coin u/sea 232 P.P.C. (iii) Punishment for murder u/sec 302P/P/C (VIII) imprisonment: Imprisonment means confinement of convict within certain prescribed limits. The maximum period of imprisonment that can be awarded for an offence is fourteen years u/sec 55 P.P.C and the shortest term provided for an offence twenty four hours u/sec 510 P.P.C. (I) Kind of imprisonment: Rigorous : In the case of rigorous imprisonment, the offender is put to labour such as digging earth, drawing water etc. Simple: In the case of simply imprisonment the offender is confine d to jail and is not put to any kind of work. (ix) forfeiture of property : Forfeiture of specific property may be awarded as punishment in the following section, (i) section 126 P.P.C (II) Section 127. P.P.C (iii) section 169, .P.P.C (x) Fine: Fine is the punishment which may be awarded in some offences along with the imprisonment. Fine is the only punishment provided for in section. 137, 154, 155, 156, 171-G, 171-H, 171- 1.278, 283, and 290, P.P.C Sentence of imprisonment for non-payment of fine u/sec 64: In every case where sentence of fine is awarded whether it is along with imprisonment or without imprisonment, the court may direct that in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which shall be in excess of any other imprisonment to which be may have been sentenced or to which he may be liable under a commutation of a sentence. (I) Sentence of imprisonment not to run concurrently: A sentences of imprisonment in default of fine has to be served out separately. That sentence cannot run COCURRENTL with any other sentence. Limit of imprisonment for non-payment of fine u/sec 65: If the offence is punishable with imprisonment as well as fine the term shall not exceed one fourth of the of imprisonment which is the maximum finds for the offence. Linit of imprisonment for non- payment of fine u/sec 67: If the offence is punishable with fine only, the imprisonment which the court imposes in default of payment of fine shall be simple and term shall not exceed the following scale. Amount of fine Term of imprisonment in default of payment of fine. i. Not exceeding Not exceeding 2 months Rs. 50/. (ii)Not exceedingRs.100/. Not exceeding 4 months (iii)in any other case Not exceeding 6 months Conclusion To conclude, I can say, that it is basic of criminal justice that wrong dose should be punished. To fulfil this aim section 53 of P.P.C provided different kinds of punishment based on different theories viz deterrent, Retributive, reformative compensatory, preventive etc apart these punishments the punishment of whipping. Added by whipping act may also be awarded and juvenile offenders, sentenced to imprisonment may be sentenced to and detained in a reformatory school for a period of 3 to 7 years. Kinds of Qatl And punishment Introduction Preservation of life, religion, reason, lineage and property square measure main objectives of Islamic Law. For preservation of life, Islam has forbidden transgression against life. As murder may be a sort of transgression against life, so Islam has additionally forbidden commission of murder. To punish murderer and defend society from reoccurrence of this crime, Islam has provided severe punishments. Definition of Qatl Qatl can be defined as causing death of a person by another person. Relevant Provisions Sections 300, 301, 302, 303A, 303B, 304, 305, 306, 307, 308, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322 of P.P.C. 1860. Kinds of Qatl Under Pakistan Penal Code, following different kinds of qatl have been described (i) Qatl-i-Amd When a person intends to cause death or bodily injury to another person, does an act, which in ordinary course of nature is likely to cause death or which is done with knowledge that his act is so imminently dangerous that it must in all probability cause death, and causes death of such person, he/she v A shoots at a deer but misses the target and skills Z who is standing by A is guilty of Qatal-i-Khata. v A shoots at an object to be deer but it turns out to be a human being A is guilty of Qatl-i-Khata Essential ingredients of Qatl-i-Khata Under section 318 of P.P.C In order to hold a person liable to Qatl-i-Khata following essential must be shown 6. Death of a human being caused 7. There was no intention 8. To cause death 9. Nor any intention to cause bodily harm 10. Death is caused either 11. By mistake of fact 12. By mistake or act Punishment of Qatl-i-Khata under section 319 of P.P.C (i) Diyat and Imprisonment A person who commits qatl-i-Khata, is liable to diyat. (ii) Punishment for Qatl-i-Khata by Any Rash or negligent Act other than Rash or Negligent Driving A person, who commits qatl-i-Khata by any rash or negligent act, which is other than rash or negligent driving, he/she is not only liable to diyat, but is also punished with imprisonment, which can extend to five years as tazir. (iii) Punishment by Rash or Negligent Driving A person, who commits qatl-i-Khata by rash or negligent driving is not only liable to diyat, but is also punished with imprisonment, which can extend to ten years. Qatl-i-Bis-Sabab When a person does not intend to cause death of another person or cause harm to another person, and does any unlawful act, which becomes a cause of death of this another person. Essentials ingredients of Qatl-i-Bis-Sabab Following are ingredients 13. The death of a human being is caused 14. There was no intention 15. To cause death, or 16. Cause bodily harm to the deceased 17. An unlawful act is done by the offender 18. Such unlawful act becomes the cause of death of the deceased 19. Punishment for Qatl-i-bis-sabab under section 322 P.P.C Section 322 provides that whoever commits Qatl-i-Bis-Sabab shall be liable to Diyat only. Conclusion To conclude, it can be stated that one of basic aims of Islamic law is to preserve human life. To curb offences like qatl against human life. Islam has provided retributive and compensatory punishments. Through such punishments, offenders of qatl are not only punished, but reoccurrence of such offence is also checked. Hurt and its kinds and punishment 1. Introduction: Hurt is harm caused to human body other than death. In P.P.C, human body has been divided into various section and keeping in view those various section, five kinds of hurt have been stated in section 332.P.P.C and also provides punishment for hurt In other various provisions. 2. Relevant Provision: Following are the relevant provisions of P.P.C. regarding the concerned topic. Section 332 to 337 P.P.C. 3. Definition Of Hurt U/Sec 332(I): “whoever causes pain, harm, disease infirmity or injury to any person or impairs, disable or Or dismembers any organ of the body or part thereof any person without casing his death, is said to cause hurt.” 4. Kinds Of Hurt U/Sec 332(2): Following are the kinds of hurt. (i) 1tlaf-Ude (ii) 1tlaf –i- Salahiyat-1-Udw (iii) Shajjah (iv) Jurh (v) All kinds of other hurt (I) 1tlaf-I-Udw: (i) Litearl Meaning: The word 1tlaf means to destroy and Udw means limb or organ. (ii) Meaning U/sec 333: Whoever dismembers, amputates severs any limb or organ of the body of another person is said to cause 1taf-i-udw. (iii) Punishment U/sec 334: Whoever by doing any act with the intention of thereby causing hurt to any person or with the knowledge that he is likely to cause hurt to any person causes 1ylaf-i-udw of any person shall be punished with: which may exterto ten years as Tazir. e. Shajjah-i-Ammah: It is grevious hurt by any weapon causing fracture of the shall of the victim, where the wound touches the membrane of the brain. Punishment U/sec 337-A(v): The person causing is shall be liable to Arsh which shall be one-half of the diyat and may also be punished with imprisonment of either description for a team which may extend to fourteen years as tazir. (IV) Jurh: Literal Meaning: The word jurh is derived form the word Jarroh which means injury. Meaning U/sec 337-B(1): Jurh means injury on any part of the body of a person, other than the head or face, which leaves a mark of the, wound whether temporary or permanent. Kinds of Jurh U/sec 337-B(2): (i) Jaifah (ii) Ghayr-Jaifah JaifahU/sec 337-C: Whoever causes jurh in which the injury extends to the cavity of the trunk, is said to cause jaifah. Case Law PLD 1998 LAH 84 Body cavity means a part of body under which vital organs are located and if an injury penetrates into the body cavity and then exters the pert of the body where in vital organ are located, lonely then that can be treated as Jaifah and punishment can be awarded accordingly. Punishment for Jaifah U/sec 337-D: The person causing it, with the intention or knowledge of hurt to a hurt to a person, shall be liable to arsh which shall be one-third of the diyat and may also be punished with imprisonment of either description for a term which may extend to ten years as tazir. Kinds of Chayr- Jaifah: Following are the kinds of Ghayr-jaifah. 1. Damiyah: It is injury in which the skin is rupturd and blessing occurs. 2. Badiyah: It is a injury by cutting or incising the flesh without exposing the bone. 3. Mutalahima: It is a injury by lacerating the flesh. 4. Mudihah: It is injury be exposing the bone. 5. Muanaqqilah: It is a injury by fracturing and dislocation the bone. Punishment of Ghayr-Jaifh u/sec 337-F: If a person with the intention or knowledge of causing hurt causes any of Ghyr-jaifah injuries shall be punished as under. Punishment for Damiyah: He shall be lible to daman and may also be punished with imprisonment of either description for a term which may extend to one year as tazir. punishment for Badiah and Mutalahimah: He shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to there years as tazir. punishment for Mudihah and Hashimah: He shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to five years as tazir. Punishment for Munaqqilah: He shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to seven as tazir. Other Hurt: A hurt which is not covered by any of the four clauses give above, and which endangers life or causes the sufferer to remain server bodily pain for 20 day or more or render him unable to follow the ordinary pursuits for 20 days or more, is covered by daman and may be imprisoned up to seven years, and if it is not of kind mentioned here before the punishment shall be imprisonment which may extend to two years or with daman or both. CONCLUION: To conclude, I can say, that the punishments of hurt has been provided by ordinance in accordance with the injunction of Islam and each offence is described explicitly and the punishment of Ars/Damann has been made as substantive offence.