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Legal Classifications of Qatl

Culpable Homicide amounts to murder if it falls within the scope of section 302 of Pakistan Penal Code

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0% found this document useful (0 votes)
384 views2 pages

Legal Classifications of Qatl

Culpable Homicide amounts to murder if it falls within the scope of section 302 of Pakistan Penal Code

Uploaded by

Lawyer112
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© © All Rights Reserved
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Classifications of Qatls:

a. Qatl-e-Amd;
b. Qatl-e-Amd under Ikrah-e-Tam;
c. Qatl-e-shibh-i-Amd;
d. Qatl-e-Khata;
e. Qatl-bis-Sbab;
f. Qatl by rash and negligent driving;

Qatl-e-Amd:

Definition:

“Whoever, with the intention of causing death or with the intention of causing bodily injury to a
person, by doing an act which in the 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 the death of such person, is said to commit qatl-e-amd.”

Ingredients:

a. Intention or Knowledge;
b. Deadly Act;
c. Death;

Scope of Liability:

A culpable homicide shall constitute Qatl-e-amd where it falls within meaning of Section
300, as above discussed, or 301 which provides, “where a person, by doing anything which
he intends or knows to be likely to cause death, causes death of any person whose death
he neither intends nor knows himself to be likely to cause such an act committed by the
offender shall be liable for qatl-e-amd”.

Punishments:

Death as Qisas:
Death or Imprisonment for Life as Tazir:
Punishments Imprisonment in certain circumstances:

Whoever commits qatl-e-amd shall, subject to the provisions of this Chapter be __


(a) punished with death as qisas;
(b) punished with death for imprisonment for life as ta'zir having regard to the facts and
circumstances of the case, if the proof in either of the forms specified in section 304 is
not available; or (c) punished with imprisonment of either description for a term which
may extend to twenty five years, where according to the Injunctions of Islam the
punishment of qisas is not applicable.1[;]
Provided that nothing in clause (c) shall apply where the principle of ‘fasad fil arz’ is
attracted and in such cases only clause (a) or clause (b) shal apply.]

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