Pakistan penal code., Summaries of Law

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Punishments in criminal law definition 1) Psychological science analysis defines punishment as any consequence that occurs following a behavior that reduces the likelihood of the behavior occurring 2) Punishment is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority. 3) Punishment is the infliction of some kind of pain or loss upon a person for a misdeed (i.e., the transgression of a law or command). 4) Punishment is a penalty inflicted on an offender through judicial procedure. 5) Punishment is a penalty (as a fine or imprisonment) inflicted on an offender through the judicial and especially criminal process. 6) Punishment is a penalty or sanction given by State for any crime or offence. 7) Punishment is the infliction or imposition of a penalty as retribution for an offence. 8) Punishment is the act of inflicting a consequence or penalty on someone as a result of their wrongdoing, or the consequence or penalty itself. 9) Sanctions such as fine, confinement, or loss of rights to property administered to a person convicted of a crime. 10) Black’s Law Dictionary employs a legal defines punishment as, “In criminal law, any pain, penalty, suffering, or confinement inflicted upon a person by the authority of the law and the judgment and sentence of a court, for some crime or offense committed by him, or for his omission of a duty enjoined by law” Kinds of punishment under Penal code 1. Qisas, means punishment by causing similar hurt at the earn part of the body of the convict as he has caused to the victim or by causing his death if he has committed qatal- i-amd in exercise of the right of the victim or a wall. Non-applicability of Qisas There are four cases in which Qisas is not applicable on the offender, namely: i. Where the offender dies before the enforcement of Qisas. ii. Where right of Qisas waived by any will iii. Where right of Qisas devolves on the offender; and iv. Where the right of Qisas devolves on the person who has no right of Qisas against the offender. 2. Diyat “means the compensation specified in Section 323 payable to the heirs of the victim.“ The Court shall, subject to the Injunctions of Islam as laid down in the Holy Quran and Sunnah and keeping in view the financial position of the convict and the heirs of the victim, fix the value of diyat which shall not be less than the value of thirty thousand six hundred and thirty grams of silver and the Federal Government shall, by notification in the official Gazette, declare the value of silver, on the 1st July each year or on such date as it may deem fit, which shall be the value payable during the financial year. (Section 23, PPC). 3. Arsh means a compensation which is payable by the offender to the victim or his heirs. It is defined in section 299(b) as: "Arsh means. the compensation specified in this Chapter to be paid to the victim of his heirs. Kinds of punishment under Penal code 7. Imprisonment for life is the second highest form of punishment as specified in PPC. It is inflicted for the following offences: i. Waging or attempting to wage war or abetting waging was against Pakistan. ii. Collecting arms etc. with intention of waging war against Pakistan. iii. Sedition. iv. Counterfeiting Pakistan coin. v. Punishment for murder vi. Kidnapping or abducting in Order to commit murder. vii. Dacoity with murder 8. Imprisonment means the act of putting or confining a person in prison. a) Rigorous:- In the case 'of Rigorous Imprisonment the offender is put to hard labour, such as grinding the cord, drawing water digging earth, cutting fire woods etc. b) Simple:- In the case of simple imprisonment, the offender is confined in jail and is riot put to any kinds of work. The maximum period of imprisonment that can be awarded for an offence is fourteen years (Section 55). The shorten term provided for an offence is twenty four hours but the minimum is unlimited. Kinds of punishment under Penal code 9. Forfeiture of Property:- It means that the property of the offenders who are awarded with death, transportation or imprisonment will be seized. Property is retained as a punishment in the following cases i. Whoever commits, or prepares to commit, depredation on the territories, of any power, at peace with Government, shall be liable in addition to other punishments, to forfeiture of any property used, or intended to be used in depredation or acquired thereby. (Section 126). ii. Whoever knowingly receives property taken as above mentioned or in waging war against any Asiatic power at peace with government, shall be liable to forfeit such property. (Section 127). iii. A public servant, who improperly purchases property, which by virtue of his office, he is legally prohibited from purchasing forfeits such property. 10. Fine:- The ' Punishment of fine may also be given along with other punishment on the commission of any offence. it is as much a punishment as Diyat, Arsh or Daman. It is the only Punishment provided for in Sections 137, 154, 155, 156,171-G 171H, 171-1, 278, 283, 290 and 294-A. if the offence is liable with imprisonment as well as fine the term shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence. Object The Object of Punishment is to protect society from mischievous and undesirable elements by deterring potential offenders, by preventing the actual offenders from committing further offenses and by reforming and turning them into law abiding citizens. Punishment under PPC chapter iii Sec-53. Punishments: The punishments to which offenders are liable under the provisions of this Code are: Firstly, . Qisas; Secondly, Diyat; Thirdly, Arsh; Fourthly, Daman; Fifthly, Ta'zir; Sixthly, Death;- Seventhly, Imprisonment for life Eighthly, Imprisonment which is of two descriptions, namely:-- ,(i) Rigorous, i.e., with hard labour; (ii) Simple; Ninthly, Forfeiture of property; Tenthly, Fine Punishment under PPC chapter iii Sec-54. Commutation of sentence of death : In every case in which sentence of death shall have been passed the Federal Government or the Provincial Government of the Province within which the offender shall have been sentenced may, without the consent of the offender, commute the punishment for any other punishment provided by this Code: Provided, that, in a case in which sentence of death shall have been passed against an offender convicted for an offence of qatl, such sentence shall not be commuted without the consent of the heirs of the victim. Sec-55. Commutation of sentence of imprisonment for life : In every case in which sentence of imprisonment for life shall have been passed, the Provincial Government of the Province within which the offender, shall have been sentenced may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years: Provided that, in a case in which sentence of imprisonment for life shall have been passed against an offender convicted for an offence punishable under Chapter XVI, such punishment shall not be commuted without the consent of the victim or, as the case may be, of his heirs. Chapter XVI relates to the Offences affecting the Human Body. Punishment under PPC chapter iii Sec-55-A. Saving for President prerogative : Nothing in Section fifty-four or Section fifty-five shall derogate from the right of the President to grant pardons, reprieves, respites or remissions of punishment: Provided that such right shall not without the consent of the victim or, as the case may be of the heirs of the victim, be exercised for any sentence awarded under Chapter XVI. Sec-57. Fractions of terms of punishment: In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty-five years. Sec-60. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple: In every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple. Sec-63. Amount of fine: Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive. Punishment under PPC chapter iii Sec-69. Termination of imprisonment on payment of proportional part of fine: If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate. Illustration A is sentenced to fine of one hundred rupees and to four months, imprisonment in default of payment. Here, seventy-five rupees of the fine be paid or levied before the expiration of one month of the imprisonment. A will be discharged as soon as the first month has expired, if seventy-five rupees be paid or levied at the time of the expiration of the first month, or at any later time while .A continues imprisonment. A will be immediately discharged, if fifty rupees of the fine be paid or levied before the expiration of two months of the imprisonment, A will be discharged as soon as the two months are completed, if fifty rupees be paid or levied at the time of the expiration of those two months, or at any later time while A continues in imprisonment, A will be immediately discharged. Sec-70. Fine leviable within six years, or during imprisonment-Death not to discharge property from liability : The fine or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence/and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts. Punishment under PPC chapter iii Sec-71. Limit of punishment of offence made up of several offences: where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided. Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or Where several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence, the offender shall not be punished with a more severe punishment than the Court which tries him could award for any one of such offence. a) A gives Z fifty strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the whole beating, and also by each of the blows which makes up the whole beating. If were liable to punishment for every blow, they might be imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the whole beating. b) But if, while A is beating Z, Y interferes, and A intentionally strikes Y, here as the blow given to Y is no part of the act whereby A voluntarily cause hurt to Z, A is liable to one punishment, for voluntarily causing hurt to Z, and to another for the blow given to Y. Punishment under PPC chapter iii Sec-72. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which: In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided if the same punishment is not provided, for all. When an accused is held guilty of one of several offences but it is not clear as to which one of these offences he is guilty of, he shall be awarded the lowest punishment as if he is guilty of the least serious offence out of those offences. If, however, all the offences are punishable with the same amount of punishment, that same sentence will be passed against him. where it is certain that either A or В has murdered Z, and also that whoever out of them has caused the murder has been actively and intentionally aided by the other in that murder: but who committed the murder and who aided is impossible to ascertain. Under these circumstances, both A and В shall be sentenced to the lesser punishment between the two offences. Sec-73. Solitary confinement: Whenever any person is convicted of an offence for which under this Code the Court has power to sentence him to rigorous imprisonment, ,the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, that is to say" i. a time not exceeding one month if the term of imprisonment shall not exceed six months; ii. a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year; iii. a time not exceeding three months if the term of imprisonment shall exceed one year.