The Most Suitable CLR Series

According to the syllabus of University of Azad Jammu & Kashmir

Muzaffarabad

Criminal law (PPC)

For LL.B Five Years Program (Part III)

By

Muhammad Adnan Masood

Advocate High Court

CITY LAW COLLEGE

PASSPORT OFFICE ROAD HAJIRA BY PASS NEAR CHINAR
INTERNATIONAL GUEST HOUSE RAWALAKOT AJK
05824-442207,0332-4573251,0332-4442207

www.clc.edu.pk

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 ‫يم‬
ِ ‫ٱلر ِح‬ َٰ ‫ٱلر‬
َّ ‫حْم ِن‬ ِ َّ َٰ ‫س ِم‬
َّ ‫ٱَّلل‬ ْ ‫ِب‬

General Principles in Criminal Law

There are four important principles of the criminal law. These principles are set out briefly here
and discussed more fully later in this topic and in Court - Criminal Matters.

Innocent until proven guilty (the presumption of innocence)

The basis of our system of criminal justice is that a person, although charged with an offence, is
considered innocent until proved guilty of the offence. The magistrate, judge or jury, as the case
may be, must be satisfied beyond a reasonable doubt that the person is guilty. Where there is a
reasonable doubt, the person must be acquitted (that is, found to be not guilty of the offence).

The fact that a person has been charged does not mean that she or he is guilty, and any discussion
of the charge should make it clear that at this stage the offence is only alleged.

Burden of proof

The prosecution have the task of proving the guilt of the person who is charged with an offence
(the defendant). For the defendant to be found guilty of an offence, it must be proved beyond
reasonable doubt. It is not up to the defendant to establish her or his innocence.

This rule applies in all criminal trials, although sometimes is up to the defendant to give evidence
of a certain point in the defence case. For example, in those offences which prohibit a certain act
'without reasonable excuse', the defendant must explain her or his excuse; although it is up to the
prosecution to prove that the excuse is not reasonable.

In some cases the burden of proof of a particular defence (such as insanity) may be on the
defendant, but then the defence need only be proved on the balance of probabilities,and
not beyond a reasonable doubt, as the prosecution must do.

Right to remain silent

Generally a person is not required to answer police questions. However, there are some
exceptions to this rule. The main exception is that a police officer can request the name and
address of a person found committing an offence, or who the police officer has reasonable cause
to suspect has committed, or is about to commit, an offence or of a person who may be able to
assist in the investigation of an offence or suspected offence [Summary Offences Act 1953 s
74A]. In these circumstances a person who refuses to give her or his name and address, or who
gives a false name and address, commits an offence. Drivers of motor vehicles are also required
to give their name and address, and that of the owner of the car, as well as some questions in
relations to firearms see : arrest and questioning.

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Double jeopardy

The principle of criminal law called the double jeopardy rule is that no person should be
punished more than once for the same offence and that no person ought to be placed twice in
jeopardy (at risk) of being convicted. This means that a person who has been charged, tried and
acquitted cannot be charged again for the same matter. However, often a new trial is ordered
where for example, an appeal court overturns a conviction or where the first trial resulted in a
hung jury or a mistrial.

Changes to the Criminal Procedure Act 1921 (SA) (ss 141- 148) mean that double jeopardy no
longer applies for serious offences such as murder, manslaughter and aggravated rape, provided
certain circumstances are met. There are two situations in which a person can be re-tried for an
offence for which they have previously been acquitted:

Where fresh and compelling evidence not provided at the original trial is produced. This
evidence must be reliable and substantial [Criminal Procedure Act 1921 (SA) s 147]; or

• Where the acquittal is shown to be a ‘tainted acquittal’. A tainted acquittal occurs where a
person was not convicted of an offence because an administration of justice offence was
committed (offences of perjury, fabrication or concealment of evidence,
bribery, witness or juror intimidation or attempting to pervert the course of justice).
Charges can be laid against the acquitted person if it is more likely than not that they
would have been convicted but for the administration of justice offence.

THE LEGALITY PRINCIPLE

The principle of legality is the legal ideal that requires all law to be clear.

⇒ It requires decision makers to resolve disputes by applying legal rules that have been declared beforehand, and not to alter the
legal situation retrospectively by discretionary departures from established law

⇒ In criminal law it means the court should not punish people for acts or omissions that were not criminal at the time those
acts or omissions took place. The principle is also thought to be violated when the punishment for a particular crime is increased
with retrospective effect.

⇒ It requires the law be capable of being obeyed. If laws were kept secret that would clearly infringe the legality principle.

⇒ It requires the law be readily available to the public. If a law was made prohibiting your heart to beat in public that would
clearly infringe the legality principle.

RESPONSIBILITY PRINCIPLE

⇒ The principle of responsibility is the principle that one should only be found guilty of crimes they are responsible for. For
example, if you were to have a seizure and committed a crime as a result of that seizure, the principle may be infringed if you
were punished for it.

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 THE MINIMAL CRIMINALISATION PRINCIPLE

⇒ The principle of minimal criminalization articulates that only serious offences which are adverse to society should be
criminalized, but not trivial ones.

⇒ if every tiny offence was criminalized we would leave with heavily over-crowded prisons.

THE PROPORTIONALITY PRINCIPLE

⇒ The proportionality principle means punishment for a given crime should be roughly proportional to that crime’s
seriousness. It would be an outrage if, for instance, the punishment for rape was the same as the punishment for speeding.

THE FAIR LABELLING PRINCIPLE

⇒ The fair labelling principle requires that the description of the offence should match the wrong done . For example, if the
defendant kills someone through negligence, ‘murder’ would not be a fair label to attach to what the defendant did.

Mens rea and actus rea

Unless the contrary is specified, every criminal offence requires both a criminal act, expressed in
Latin as the actus reus, and a criminal intention, expressed as mens rea.

Mens rea is often described as the “mental element” in a crime. It can include what used to be
known as “malice aforethought”, ie conscious planning or intent, as well as something culpable
but less deliberate, such as recklessness or negligence.

A crime which does not require any proof of mens rea to secure a conviction is known as a one
of “absolute liability”. One in which one or more elements (but not all) of the actus reus requires
no proof of mens rea, or that requires the defence to disprove criminal intent once the
prosecution have established an initial case, is known as one of “strict liability”. A statute
creating such an offence needs to state expressly (or by necessary implication) that the offence
does not require proof of mens rea. Otherwise, such a requirement will be implied into the
statute.

A famous case about mens rea is Sweet v Parsley [1970] AC 132 in which the House of Lords
had to consider the offence of “being concerned in the management of any premises used for”
smoking cannabis, contrary to section 5 of the Dangerous Drugs Act 1965. The defendant was
convicted despite having been unaware that her premises were being so used. Her appeal was
allowed. The headnote explains that:

“Mens rea is an essential ingredient of every offence unless some reason can be found for
holding that it is not necessary, and the court ought not to hold that an offence is an absolute
offence unless it appears that that must have been the intention of Parliament.”

In his judgment Lord Diplock cites with approval the analysis of Stephen J (sitting in the Court
of Crown Cases Reserved) in the earlier case of R v Tolson (1889) 23 QBD 168, 187 that

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“The full definition of every crime contains expressly or by implication a proposition as to a state
of mind. Therefore, if the mental element of any conduct alleged to be a crime is proved to have
been absent in any given case, the crime so defined is not committed; or, again, if a crime if fully
defined, nothing amounts to that crime which does not satisfy that definition.”

Lord Diplock goes on to explain, at p 163, that Tolson’s case:

“laid down as a general principle of construction of any enactment, which creates a criminal
offence, that, even where the words used to describe the prohibited conduct would not in any
other context connote the necessity for any particular mental element, they are nevertheless to be
read as subject to the implication that a necessary element in the offence is the absence of a
belief, held honestly and upon reasonable grounds, in the existence of facts which, if true, would
make the act innocent.”

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 Pakistan Penal Code 1860
Different Kinds of Punishments Provided Under Pakistan Penal Code

1. 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 offences is to create
such an atmosphere which restrains people doing such offences.
Section 53 of P.P.C defines several types of punishments for different offences. The purpose of
punishment is the prevention of P.P.C offences.

2 What is Punishment?

According to Black’s Law dictionary “Any fine, penalty or confinement inflicted upon a person by the
authority of the law and the judgment and sentence of a court, for some crime or offence committed by
him or for his omission of a duty enjoined by law.

3 Reference of Sections of PPC:

Following are the relevant provisions of P.P.C regarding concerned topic. Section 53 of P.P.C.

Concept behind Punishment

What are the 5 philosophies of punishment?

Terms in this set

• List the 5 Correctional Philosophies. Deterrence, Incapacitation, Rehabilitation, Retribution,

Restitution/Restorative Justice.

• RestitutionƒRestorative Justice.

• Deterrence.

• Retribution.

• Rehabilitation.

• Incapacitation.

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Philosophies of Punishment

Punishment serves numerous social−control functions, but it is usually justified on the principles of
retribution, incapacitation, deterrence, rehabilitation, and/or restoration. The specific principles that
underlie these dominant philosophies for punishment are summarized below.

• Governments have several theories to support the use of punishment to maintain order in society.

Theories of punishment can be divided into two general philosophies:

• Utilitarian Theory of punishment

The utilitarian theory of punishment seeks to punish offenders to discourage, or "deter," future
wrongdoing.

• Retributive Theory of punishment

The retributive theory seeks to punish offenders because they deserve to be punished.

Under the utilitarian philosophy, laws should be used to maximize the happiness of society. Because
crime and punishment are inconsistent with happiness, they should be kept to a minimum.
Utilitarians understand that a crime−free society does not exist, but they endeavor to inflict only as much
punishment as is required to prevent future crimes

4 Kinds of Punishment Under Section 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

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7. Imprisonment for life

8. Imprisonment which namely

• Rigorous i−e. with hard labour

• Simple

9. Forfeiture of Property

10. Fine

I) Qisas

Qisas means to follow the path followed by the other. Literary meaning the term Qiasa is literally derived
from Al Qasas which means to follow in someone footsteps.

According to justice Qurban ali Shah 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 of his right of the victim or a wali.

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 qatll−i−amd in exercise of the right of
the victim or a wali.

Exception 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.

Right Of Qisas Devolves On Offender:

When the right of qisas devolves on the offender as result of the death of the Wali of the victim.

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Wali Has No Right Of Qisas:

Where right of Qisas devolves on the person who has no right of qisas against the offender e.g. the son
cannot enforce qisas against his father.

(II) Diyat

Diyat means the compensation granted to the heirs of the victim by the offender only in cases of Qatl and
not in cases of hurt. It is payable only in cases where an offender guilty of qatle−I−amd is not liable to
qisas or where qisas is not enforceable.

Meaning of Diyat

Diyat means the compensation specified in section 323 payable to the heirs of the victim.=

Value of Diyat

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.

(III) Arsh

Arsh is the kind of compensation payable at the causing of hurt.

Meaning of Arsh

Arsh means the compensation specified in P.P.C to be paid to the victim or his heir.

Value of Arsh

The value of Arsh will be assessed at certain percentage indicated various provisos of the value of diyat

Mode of Payment

The Arsh will be payable in lump sum (at once) or in installments spreading over three years from the
date of final judgment.

Failure to Pay Arsh

In case of default, the offender may be kept in jail to serve the simple imprisonment until
Arsh is Paid in full. It may be awarded in the following sections.

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(IV) Daman
The word Daman is actually Daman. It means compensation which is determined by the court.

Meaning of Daman

Daman means the compensation determined by the court to be paid by the offender to the victim
for causing hurt not liable to arsh.

Value Of Daman

The value of Daman will be determined by the court, keeping in view:

1. The expenses incurred on the treatment of the victim.

2. Loss or disability caused in the functioning or power of any or organ.

The anguish suffered by the victim.

(V) Tazir

Meaning of Tazir

Tazir means punishment other than Qisas, Diyat, arsh or Daman.

Punishment of Tazir

Tazir may be inflicted by imposition of Fine, imprisonment etc. It is the punishment which is left to the
discretion of the judge or court.

(VI) Death

Death is the capital punishment that may be awarded for certain offences under P.P.C. Such as:

• Waging war against Pakistan

• Murder

• Hijacking

(VII) Imprisonment for Life

Life imprisonment (also known as a life sentence, lifelong confinement) is any sentence

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Of imprisonment for a crime under which convicted persons are to remain in prison for the rest of their
lives. Sentence of imprisonment for life means, for remaining span of natural of the convict, which is
accepted as being of 25 years duration.

Following are some of the offences, where it may be inflicted, as punishment.

• Sedition

• Counterfeiting Pakistan coin

• Punishment for murder under section 302 P.P.C.

Imprisonment

Imprisonment means confinement of convict within certain prescribed limits. The maximum period
Fourteen years under section 55 P.P.C and the shortest term provided for an offence is twenty four hours
under section 510 P.P.C. There are two Kinds of Imprisonment:

Rigorous

In the case of rigorous imprisonment, the offender is put to hard labour such as digging earth, drawing
water etc.

Simple

In the case of simple imprisonment, the offender is confined 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 sections,

(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 sections.

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 he may
have been sentence or to which he may be liable under a communication of a sentence.

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Sentence of Imprisonment Not To Run Concurrently

A sentence of imprisonment in default of fine has to be served out separately. That sentence cannot run
concurrently with any other sentence.

Limit Of Imprisonment for Non- Payment of Fine

If the offence is punishable with imprisonment well as fine the term shall not exceed one fourth of the
term of imprisonment which is the maximum fixed for the offence.

Limit Of Imprisonment for Non- Payment of Fine

If the offence is punishable with fine only. The imprisonment which the Court imposes in default of
payment to of fine shall be simple in the term shall not exceed the following scale.

Amount of Fine Term of Imprisonment in Default of payment of Fine

Nor exceeding Rs. 50 not exceeding 2 months
Not Exceeding Rs. 100 Not exceeding 4 months
In any other case Not exceeding 6 months

Conclusion

I can say, that it is the basic purpose of criminal justice that wrong doer (culprit) should be Punished. To
fulfill this purpose section 53 of P.P.C. provided different types of Punishments 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 and detained in a reformatory school for a period of 3 to 7 years.

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 Intention and Common Object

1 Introduction

In Common intention any offence committed by several persons which is designed pre−planned. Section
34 of the PPC deals the common intention. Common intention is intention to commit crime and each
accused can be convicted for the crime who participated in that crime, in furtherance of the common
intention.

Common intention generally involves element of common motive, pre−plan preparation and actual
pursuant to such plan. Sometimes common intention is developed at the spur of the moment or during
Commission of offence.

To have common intention independently of each other is not to have common intention. Common
intention requires a pre−arranged plan. There must be a prior meeting of mind. Several person can
simultaneously attack a man and may have the same intention namely the intention to kill and each can
individually inflict a separate fatal blow and yet none would have the common intention as there is no
prior meeting of mind to form a pre−arrange plan.

2 Applicability of Law
Section 34 is applicable to share and knowledge as well as intention

3 Proofs
Except in a pre−meditated occurrence, it is difficult to procure direct evidence to prove intention of a
person for committing crime rather intention is to be inferred from his act and conduct common intention
within the meaning of section 34 PPC can be proved through direct or circumstantial evidence or may
also depend upon the nature of an act done or motive possessed and a joint action of more than one person
itself, is an evidence of common intention.

4. Ingredients

Criminal act mush be done by several persons; that criminal acts must be done to further the common
intention of all; and that there must be participation of all persons in furthering the common intention.

I. Criminal Act
II. Several persons
III. Act must be done
IV. Common intention
V. Participation of all persons

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5. Unlawful Assembly

Five or more person gathering (assembly) is designated an unlawful assembly if the common object of the
person composing that assembly is to overawe by criminal force, or show of criminal force, the central or
any provincial government or legislature, or any public servant in the exercise of lawful power of such
public servant, to resist the execution of any law or legal process, to commit any mischief or criminal
trespass or other office.

6. Common Object

Member of unlawful assembly committing offence in prosecution of common object. Section 149,
P.P.C did not create a new offence but dealt with the crime committed in the prosecution of common
object. To establish the allegation of committing the offence under section 149 P.P.C it must be proved
that accused was a member of an unlawful assembly; and the offence was committed in the prosecution of
common object.

7. Common Object

Crucial question for determination was whether the assembly consisted of five or more person and
whether the said persons entertained on or more of the common objects specified by section 141 of the
Penal Code.
While determining said question, it was relevant to consider whether the assembly consisted of some
person who were merely passive witnesses and had joined the assembly as a matter of idle curiosity
without intending to entertain the common object of the assembly.

Mere presence or association with other member of unlawful assembly alone was nor per se sufficient to
hold every one of them criminally liable for the offences committed by the other unless there was
sufficient evidence on record to show that each intended to or knew the likelihood of commission of such
an offending act.

Essential Ingredients

Mention below some are essentially requirement who must be fulfill otherwise in case of common object
otherwise the allegation of criminal act like common object is not admissible .
I− Offence is committed
II− Unlawful assembly
III− Part of unlawful assembly IV−Object must be common V− Fully knowledge of offence

9. Interpretation

An accused who is found to be a member of an unlawful assembly can be convicted of a lesser offence if
under the

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Second part of the section it is clear that he was aware that such a lesser offence was likely to be
committed in prosecution of the common object although some member of the assembly may have
travelled beyond that a object and committed a graver offence.

Scope
Scope of section 149 P.P.C while awarding the sentence, a distinction had to be made in respect of
accused, which were armed with deadly weapons or otherwise.

Presence of Accused

All the accused must be present on the spot.

In section 149, it is not necessary that the accused must be present at the time of the commission of the
offence.

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 Criminal Conspiracy Its Kinds And Difference From Abetment

Concept of Criminal Conspiracy

Criminal conspiracy is a substantive offence i.e. it is recognized and punishable offence in its self. it is
different from other offence an intention to do a criminal act is not a crime in itself in other offences until
something is done amounting to it whereas conspiracy is an offence simply on the basis of the agreement
or meeting of minds thus mere men’s res is enough to establish liability in criminal conspiracy thus
liability can be imposed as soon as an agreement amounting to criminal conspiracy is reached.
A conspiracy consists not merely in the intention of two or more but in an agreement of two or more than
two to do an unlawful act or to do a lawful act by unlawful means.

Criminal Conspiracy

Most important ingredient of the offence of conspiracy was the agreement between two or more persons
to do an illegal act. Conspiracy consisted not merely in the intention of two or more but in agreement of
two or more to do an unlawful or to do a lawful act by unlawful means.
To constitute Criminal conspiracy there must be an agreement of two or more persons to do an act which
is illegal or which is to be done by illegal means.
I. Conspiracy between husband and wife. Does not warrant prosecution.

II. Mode of proof. Evidence should not be considered in isolation.

What is Criminal Conspiracy

When tow when two or more person to do or cause to do be done

i. An illegal act, or

ii. An act which is not illegal by illegal means such an agreement is designated a criminal
conspiracy.

Essential of Criminal Conspiracy

According to section 120−A following are the essentials of criminal conspiracy according to section
120−A of PPC two or more person in order to establish the offence of criminal conspiracy it is necessary
that these should be at least two or more than two persons to such agreement it is also necessary since an
individual cannot conspire with himself alone.

I. Two or person

II. Agreement between people

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III. Not himself alone

IV. To do illegal act

V. Act will be done

VI. Unlawful act

Completion of Criminal Conspiracy

The offence of criminal conspiracy is complete as soon as there is an agreement between different person
to commit an unlawful act or a lawful act by illegal means and the person who entered into such an
agreement can be tried for criminal conspiracy irrespective of the fact whether any substantive offence
has been committed in pursuance of the conspiracy or not.

Proof of Criminal Conspiracy

Conspiracy may be established by direct or indirect evidence such circumstantial evidence need to be
considered together and a cumulative effect to be weighed and given effect according to Article 23 of
Qanun−e−Shahadat order 1984 the act done by one is admissible against the co−conspirators.

Difference between Criminal Conspiracy and Abetment

Following are the difference between criminal conspiracy and abetment

• The offence of abetment requires that an act or illegal omission must take palace in
pursuance of the conspiracy.

• The object of the offence of criminal conspiracy is a bare agreement to commit an offence.
• Object
• Form
• Abetment is a total complete offence.
• Conspiracy is one of the forms of abetment.

Scope
• Abetment by conspiracy is narrow in scope.
• Criminal conspiracy is wider in scope.

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Conclusion

Thus I conclude this topic to saying that the offence of criminal conspiracy consists in the every
agreement between two or more person to commit a criminal offence irrespective of the further
consideration. Whether or not these offence have actually been committed the fact of conspiracy
constitute in offence it is immaterial whether anything has been done by pursuance of unlawful
agreement.

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 Pre-Requisites Of Unlawful Assembly And Punishment
Preface

Article 16 of the constitution of the Islamic Republic of Pakistan 1973, provides Freedom of Assembly as
a fundamental rights to each and every citizen of the Pakistan. But where people make assembly to
commit unlawful act, then it would become unlawful assembly in the eye of the law, if the strength of this
assembly is five or more persons, it would become unlawful assembly which is an offense. Unlawful
assembly is a group of such people who have mutual intention and they start certain acts to attain property
of others illegally or consents of others with illegal manner.

Meaning of unlawful assembly

A meeting of three or more persons who have the mutual intention to commit a crime or commit to breach
of peace

Definition of unlawful assembly

An assembly of five or more persons who have mutual intention to commit a crime or commit to breach
of peace by use of force and common objects of the group is to attain something unlawfully from others

Essentials of unlawful assembly

Following are the essential of unlawful assembly. Details are as under

Number of persons

According to section 141 of the Pakistan Penal Code, In order to call an assembly an unlawful assembly it
is necessary that there must be at least 5 or more persons who have common.

But in this case, it is the responsibility of the injured person that he should prove that there was an
unlawful assembly consisting of at least five persons

Common object
• It is necessary that the object should be common of the persons who have assembled this
unlawful group. If the object will be common at the time of occurrence of the crime then it will be called
an unlawful assembly. Even if common object is not proved there can be no objection upon all of them by
the court of law

Common object must be unlawful

Section 141 of the Pakistan Penal Code will apply only if the common object of an assembly will prove
unlawful. If an assembly who is performing a lawful act, Even if common object is not proved unlawful
there can be no objection upon all of them by the court of law

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Only presence does not make a person member

only presence in the assembly does not make a person the member of an unlawful assembly, until he
shows commits something wrong or omits someone to do something such commission and omission will
make him a member of unlawful assembly

Methods of commission of unlawful assembly

Following are the five objects of the unlawful assembly and any one of the five, lawyer will have to prove
before the court of law

Overawe (Drana) Govt Authority

According to section 141 of the Pakistan Penal Code, when the purpose of a group of person is to
overawe the federal government, provincial government, or public servant in the exercise of the lawful act
by use of force, in this case, all person of this group will be considered as members of unlawful assembly

Resist the execution of law

When the group of persons will resist in the execution of process of law by use of force, in this case, it
will be considered as an unlawful assembly and every person will feel guilt being a member of this
assembly

Commission of offense

When the group of persons will commit something wrong or omit someone to do something that he is
entitled to do, in this case such kind of commission or omission will be considered as crime and all of
those person will be considered as member of an unlawful assembly and will be punished by the court of
law

To Obtain Property or Deprive Possession

When a group of persons obtain the property of other or deprives someone from his property by use of
force, in this case all of that person will be considered as member of an unlawful assembly and will be
Punished by the court of law

Compel a person to do or not to do a certain act

When a group of persons compel someone to do something which is not legal or compel no to do
something which he is entitled to do, in this case all of those persons will be considered as member of an
unlawful assembly and will be punished by court of law.
Who is member of unlawful assembly?

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Each of every person will be considered as a member of an unlawful assembly who is aware of the facts
which are unlawful, and joins such assembly as a member of such assembly.

Punishments for Members

Following are the punishments for those people who are the members of unlawful assembly
1) Imprisonment which can extend to six months
2) Fine
3) Both

Punishment for weapon members

Following are the punishments for those members who joined the assembly with deadly weapons
1) Imprisonment which can be extend up to two years
2) Fine
3) Both

Vicarious liability

Under the Pakistan penal code, if one person commits a crime in order to achieve the common object of
his unlawful assembly, in this case, all of the persons who are the members of this assembly will be
considered as criminal and vicarious liability will be imposed upon all of them

Concluding Remarks

The meaning of unlawful assembly is that where five or more than five persons get to together in order to
achieve unlawful targets will be considered the members of the an unlawful assembly. If one of member
of the assembly will commit something wrong and attain a piece of land from someone without his legal
consent or deprives someone from his land which is legally recognized, in this case, vicarious liability
will be imposed upon all of them. There are certain types of punishments for unlawful assembly which
are imprisonment, fine and both.

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 Rioting and Affray And Its Difference

Introduction

Under Pakistan penal code, there are different terms which are being used for public violence and private
violence. One of them is rioting which means where three or more persons who have mutual intention to
commit a crime or commit to breach of peace by use of force and common objects of the group is to attain
something unlawfully from others. And the 2nd of them is affray and affray is the fighting of two or more
persons in a public place to the terror of ordinary people but the fighting ought to be with the consent of
both parties

Meaning of Rioting

The word riot has been derived from the French word which means to take part in public disturbance

Definition of rioting

Rioting is such criminal offence where three or more persons who have mutual intention to commit a
crime by use of force and common objects of the group is to attain something unlawfully from others

Meaning of Affray

The word Affray has been derived from the French word

Definition of Affray

Affray is such criminal offence when two or more persons are fighting in a public place with their mutual
consent in order to threat ordinary people.

Essentials of rioting

Following are the essential elements of rioting. Details are as under

Force

Under Pakistan Penal code, the use of force is an essential element in rioting, by using force criminal
obtains properties or others things from people and violates their rights which has been legally recognized

Unlawful assembly
In order to call an assembly an unlawful assembly it is necessary that there must be at least 3 or more
persons who have common intention

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But in this case, it is the responsibility of the injured person that he should prove that there was an
unlawful assembly consisting of at least three persons.

Common object

It is necessary that the object should be common of the persons who have assembled this unlawful group.
If the object will be common at the time of occurrence of the crime then
it will be called an unlawful assembly. Even if common object is not proved there can be no objection
upon all of them by the court of law

Vicarious liability

Under the Pakistan penal code, if one person commits a crime in order to achieve the common object of
his unlawful assembly, in this case, all of the persons who are the members of this assembly will be
considered as criminal and vicarious liability will be imposed upon all of them.

Essential of affray

Following are the essential elements of rioting. Details are as under

Number of person

Under Pakistan Penal Code, in order to call an offence an affray, there should be shown two or more
person who were involved in fighting and in disturbance to public peace.

Fight between such persons

Under Pakistan Penal Code, in order to call an offence an affray, there should be shown the element of
fighting between the people which is with their mutual consent.

Fight must be at public place.

Under Pakistan Penal Code, in order to call an offence an affray, there should be shown the fight between
the people but at public place.

Disturbance of Public Peace

Under Pakistan Penal Code, in order to call an offence an affray, there should be the element of terror to
the public; the purpose of this fight should be terror to the people with mutual consent of the fighting
parties.

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Punishments for Rioting

Following are the punishments for those members, who commit riot with deadly weapons or anything
which is used as weapon can cause death of any one,

1) Imprisonment which can be extend up to three years

2) Fine
3) Both

Punishments for Affray

Following are the punishments for those members, who commit affray
1) Imprisonment which can be extend up to one month
2) Fine which can be extend up to 3000 thousand
3) Both

Difference between Rioting and affray

1. Following are the difference between rioting and affray. Details are as under.
2. As to place
Rioting is the type of fight and parties commits riot at a private place
Affray is the type of fight and parties commits affray at public place
3. As to assembly
Riot can only be committed when 3 persons involved
Affray can only be committed when 2 person involved
4. As to violence
Riot is violence, which violence of rights of people
Affray is not violence; its purpose is to terror to the people
5. As to liability
In riot, strict liability can be imposed upon all members
In affray, only fighters will be considered as criminal
6. As to object
In riot, there is common object of the members to attain something by force
In affray, there is no common object of the members
7. As to punishment
In riot, punishment for accused can be up to 3 years, fine or both
In affray, punishment for accused can be up to one month, fine or both

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8. As to nature

Riot is real and has an object

An affray is dramatic in nature, and has no specific object

Conclusion

Riot is such criminal activity which is being performed by the three or more people in order to obtain
something unlawfully. But affray is such criminal activity which is being performed by the two person at
a public place in order to threat the viewers and it is also a criminal activity and punishable under the
criminal act.

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 General Defences Available In Pakistan Penal Code

Introduction

A lot of crimes are being committed in all over the Pakistan on daily basis. It is difficult to apply general
defenses to a specific crime because there are a number of defenses for different crimes. In case of a
criminal violation there are two parties’ state and accused. State is the person whose rights have been
violated and who goes to the court seeking remedy. On the other hand accused is a person who has
violated the rights of the other person. In general defense, the person who commits wrong he himself
wrong doer and liable for the criminal breach.

What Is General Defense?

In criminal proceedings of court, the denial of the injured person’s claim by accused is called
General defense in criminal law.

General Defenses

Following are the general defenses in criminal law. Details are being given as under

Minority

Under Pakistan Penal code, such act which is offence but it has been performed by a child who is under
seven years of age; because the child under seven years of age cannot differentiate between right and
wrong that’s why he is incapable to perform an offense. And this is a very valid defense in criminal law.

Insanity

Under Pakistan Penal Code, Such act which is offence but it has been performed by a person who is
insane or unsound mind, because the person who is insane cannot differentiate between right and wrong
that’s why he is incapable to perform an offense and he does not know the reaction of his act. And this is
a very valid defense in criminal law.

Insanity by Drunkenness

the insanity is brought by drunkenness, because it is due to voluntarily intoxication, so that it is not a valid
defense to criminal liability

Medical insanity

If a person is medically insane and cannot differentiate between right and wrong. It is a valid defense to
criminal liability.

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Intoxication

Under Pakistan Penal Code, such act which is offense but it has been performed by a person who had
drunk, because the person who had drunk cannot differentiate between right and wrong that’s why it is a
very valid defense against criminal offense.

Voluntary intoxication

An accused who had drunk voluntarily, it is not a defense in criminal liability to a crime
Involuntary intoxication.

An accused who had drunk involuntarily, it is a very good defense in criminal liability to a crime because
he has been drunk by a fraud

Mistake of fact

In mistake, accused will have to prove that the wrong done was performed mistakenly. This is not a very
valid defense because it is very hard to prove that a wrong done which has been committed by accused
was purely based on mistaken. It will be considered as mistake when genuinely accused does not know
the reaction of his action and such act become the reason of injury to other person.

Non-existence of Mens rea

If a person who has committed an act which is offense but he did it unintentionally, it is a valid defense

Existence of Mens rea

If a person who has committed an act which is offense but he did it intentionally, it is not a valid defense
for criminal liability to crime

Consent
In very limited situations an accused can claim that the victim consented to the accused’s act

For example, you are a viewer of a cricket match , the batsman hits a six, and the ball lands on your head,
but you cannot claim for compensation either from the stadium authorities or the batsman because when
you took a seat in the stadium, you accepted the risks while sitting in the stadium. Because wrong doer
can prove that the injured person voluntarily put himself in that situation.

Consent Taken By Undue Influence

If the consent has been taken by accused by using unfair means or by putting undue pressure, such kind of
consent is not a valid defense to criminal liability.

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Consent Taken By Undue Influence

If the consent has been taken by accused by using unfair means or by fraud, such kind of consent is not a
valid defense to criminal liability.

Private defense

Under Pakistan Penal code, private defense is a valid defense. Because every individual has the right to
protect his life and his property from accused and during this protection he can use certain amount of
force if necessary. The criminal law recognizes this right and any injury which is caused by the personal
protection will not give rise to legal remedy.

Types of Private Defense

Private defense is of two types

1) Private defense of person
2) Private defense of property

Inevitable accident

When an injury is caused to a person by an accident which can’t be avoided even with
Reasonable care

For example, if a person accidently injured and happening of that accident can’t be avoided even with
reasonable care. After all, how can an injured person blame for someone else for this accident.

Necessity and compulsion (Pressure)

In necessity, accused will have to show that the act he did was necessary under certain situation. If
accused successes to prove his necessity in this case accused will not be sued by victim and that is a valid
defense.

For example, if accused enters into your private land in order to collect water from your well to put out a
fire from his house. The level of necessity should be very high. If damage is caused to avoid a greater
damage, it becomes a good defense

Conclusion

An action which has been performed under lawful provision, it has not been sued by victim in any court
of law. The criminal law has defined those circumstances where criminal act is justifiable and excusable.
As well as the criminal law does not give permission to anyone to perform unreasonable acts under the
statutory provision or in accordance with general defense because such kind of act will be considered as
criminal offence.

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Private Defense Of Property And Person And When Does It Extend To Causing Death Of The
Assailant (Attacker)

Introduction

Pakistan Penal code gives a right to every person to defend his body or property from unlawful offence by
using limited force. Such kind of usage of force in order to protect himself or protection of his property
will be called private defense. Law does not want that a person should live coward life so the right of
private defense has been vested in person in Pakistan Penal Code and nothing is an offence which is done
in the exercise of right of private defense.

What is Private Defense?

The use of force for protection of his life, family, property from offender is a private right and defender
will not be responsible for his any act which is conducted by him for his defense.

Force to Be Used

Each and every citizen has been given the right of private defense but law allows only reasonable force to
be used to protect himself self from offender. If offender will use extreme force which was not necessary
for his protection or may cause the death of assailant in this case defender will be liable to criminal
proceedings.

Classification of private defense of body which can cause of death of assailant

Private defense of body which can cause of death of assailant has been classified into below categories.
Details are as under

Fear of Death

Right of private defense of body can become cause of the death of assailant when defender feels that the
assailant attack can become cause of his death.

Fear of Grievous Hurt

Right of private defense of body can become cause of the death of assailant when defender feels that the
assailant attack can become cause of a grievous hurt

Intention Of Rape.

Right of private defense of body can become cause of the death of assailant when defender feels that the
assailant intention is to commit rape.

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Intention of Kidnapping

Right of private defense of body can become cause of the death of assailant when
Defender feels that the assailant’s intention is kidnapping.

Intention of wrongfully confine

Right of private defense of body can become cause of the death of assailant when defender feels that the
assailant’s intention is wrongfully confining a person under such circumstance which will make him
unable to reach to public authorities for his release.

Classification of private defense of property which can cause of death of assailant

Private defense of body which can cause of death of assailant has been classified into below categories.
Details are as under

Commission of Robbery

Right of private defense of property can become cause of the death of assailant when
Defender feels that the assailant’s intention is to commit robbery.

Commission of House Breaking By Night

Right of private defense of property can become cause of the death of assailant when
Defender feels that the assailant’s intention is to commit house breaking by night

Mischief by Fire

Right of private defense of property can become cause of the death of assailant when defender feels that
the assailant’s intention is to mischief by fire to the building or tent or other property which can become
cause of innocent casualties.

Theft

Right of private defense of property can become cause of the death of assailant when defender feels that
the assailant’s intention is to commit theft, which can become cause of grievous hurt to defender.

Acts Against Which No Private Defense

Following are the details of those acts against which there is no private defense is available in criminal
law system

When such act will not become cause of death or grievous hurt by Public Servant who is acting in good
faith.

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When such act will not become cause death or grievous hurt by person who is acting on the behalf of
public servant.

When defender has time to reach to public authorities in order to release him from wrong
Commencement and Continuance of the right of private
Defense of property and body

The right of private defense of property and body commences when a dangerous situation gets start and
such dangerous situation comes to an end by the arrest of the offender.

Commencement and continuance of private defense of property and body against different offences are
being discussed below.

1. Theft
• The right of private defense of property against the thief continues till the thief will remain at the
location and if thief has left the place along with stolen property and is completely out of reach of owner,
in this case such right of private defense will be discontinued.

2. Trespass

The right of private defense of property continues only as long as the trespasser remain on that property
and if the trespasser has left the property , in this case such right of private defense will be discontinued.

3. Robbery
The right of private defense of property against robbery continues as long as the offender can cause of
death or other grievous hurt or till the fear of the same remains continues.

4. Apprehension of death

The right of private defense of body continues till, the fear of apprehension of death is not abolish

5. Intention to rape

• The right of private defense of body continues till, the fear of rape by offender does not abolish

6. Intention to kidnapping

The right of private defense of body continues till, the fear of kidnapping by offender does not abolish

Conclusion

To Conclude, it can be stated that it is necessary to exercise right of private defense that use of force
should have become necessary against assailant and use of force should be reasonable. When a person

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uses such necessary and reasonable force through private defense, he will not be answerable in law for his
deeds.

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 Different Kinds Of Punishments In PPC

Introduction

Under the section 53 of Pakistan Penal Code, there different kinds of punishments have been suggested
against the nature of criminal offence. The purpose of the Codified PPC is to punish the criminal who is
punished by the court of law. Purpose of punishment is to make men better or protection of the society.
With the passage of time, various kinds of punishments have been given to offenders in order to decrease
the ratio of crime from society by court of laws or other authorities.

Meaning of Punishment

Imposition of the penalty against violation of law is punishment

Definition of Punishment
Punishment is a method of protecting the society from offender for reducing the occurrence of criminal
acts.

Kinds of punishment

Details of kinds of punishments authorized by law are as under.

Death Punishment

Under Pakistan Penal Code, the death is capital punishment for offender which is given for certain
offences under PPC such as:
1) Murder
2) Waging War against Pakistan
3) Hijacking

Imprisonment

Under Pakistan Penal Code, life imprisonment is a type of punishment for offender according to it,
offender is sent to jail for whole life but the duration of this sentence is consisted upon 14 years.

Kinds of imprisonment

Rigorous imprisonment

In this type of punishment, offender remains in the jail but he has to do hard labour.

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Simple Imprisonment

In this type of punishment, offender remains in the jail but he does not hard labour.

Period of Imprisonment

a. Maximum period of imprisonment for offender is 14 years

b. Minimum period of imprisonment for offender is 24 hours or unlimited

Fine

Fine is also a punishment under Pakistan Penal Code, it has been prescribed that according to it, offender
will pay fine against violation of rights of others, sometime offender pays fine along with imprisonment
for a certain period, if offender will not pay the fine in this case period of his imprisonment will be
exceeded.

Solitary confinement

Under Pakistan Penal Code, solitary confinement is also a type of punishment, according to this; an
offender is kept in jail separate from other prisoners as punishment for a specified period or with full
period of imprisonment.

Hadd punishment

Under Pakistan Penal Code, Hadd punishment has been prescribed that according to them, No judge can
change or reduce the punishment for these serious crimes because these have been set by ALLAH in
Quran. The Hadd crimes are:
Murder Apostasy from Islam

Robbery Theft Rebellion Defamation Alcohol Drinking

Tazir Punishments

Under Pakistan Penal Code, Tazir punishment has been prescribed that according to them, Judge can
change or reduce the punishment for these crimes on his own discretion because these have been codified
in Criminal law and punishment for it can be fine, imprisonment etc.

Forfeiture of property

Under Pakistan Penal Code, Forfeiture of property was also a punishment, it was a punishment imposed
on high political offenders and it was also imposed on offenders who were punishable with death but it
has been abolished now under Pakistan Penal Code.

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Whipping

Under Pakistan Penal Code, whipping is a type of punishment, according to this, offender is beaten
against violation of certain rights or it is imposed on offender for high criminal activity by the order of
law.

Qisas

The word Qisas has been derived from Arabic word Qasas which means to <to follow someone in
footsteps
• Under Pakistan Penal Code, it has been prescribed that offender will receive same hurt as he gave
to the victim, if offender committed Qatal e Amd, he also will be killed.

Diyat

Diyat is also a type of punishment, which has been prescribed in Pakistan penal code, according to this
punishment, the offender, is liable to pay compensation to the heirs of the victim.
• It is payable only in case where offender is guilty of Qatal e Amd and where qisas in not
enforceable

Objectives of Punishment

Following are the objectives of the punishment

1) The major objective of the punishment is the protection of the life from offender
2) Second objective of the punishment is the protection of the property of the people
3) Another objective of the punishment is the protection of the state and country
4) Theory of punishment aim is the maintenance of the peace and equality
5) Protection of the culture and morality
6) Most important objective is protection of rights and liberties of the people
7) The biggest aim of punishment is to disgrace the crimes and criminal activities
8) To prevent the other members of the community from repeating of crimes

Types of crimes in Pakistan

Following are the types of crime in Pakistan which are punishable under the Pakistan penal code
1) Murder
2) Rape
3) Robbery
4) Theft
5) Undue influence
6) Corruption
7) Cyber crime
8) Human trafficking
9) Attempt to suicide

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Conclusion

The measure of punishment varies from time to time according to the nature of crime committed by the
offender. There are different kinds of crimes and different punishments are available against all kind of
offences. Pakistan Penal code always follows the Holy Quran & Sunnah in order to give punishment for
Hadd crimes and there is no discretion of the judge on Hadd punishment because these have been
prescribed in Islam

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 Abetment, the Criminal Liability of an Abettor In Different Situations

Introduction

If a person who commits an act which is criminal act in its nature as a result of abetment, if instigation,
conspiracy or intentional aid will be proved behind the act committed, then it will be called abetment
otherwise there is no abetment. That’s why mere the presence at the time of occurrence of an offence will
not be sufficient to make out a case of abetment. Abetment is a provocation to person for commission of
criminal act or a person who is being helped for commission of an offence, such provocation will be
called abetment, and the person who is helping the criminal will be called abettor.

Meaning of abetment

Abetment is a legal term which means, to encourage or to provide help usually in wrongdoing

Definition of abetment

Abetment is an urging to a person, to do an act in a certain way or help out someone in commission of an
act which in an offence.

Definition of abettor

Abettor is a person who, urges to other person to commit a crime is called abettor

Kinds of abetment

Following are the kinds of abetment under the Pakistan Penal Code, Details are as under

1. Instigation (Uksana)
If a person abetting to another person by instigating, for commission of an illegal act or omission which is
an offence, it is called abetment by instigation and abettor also will be liable for this offence. So in this
type of abetment, instigation can be directly or indirectly, words, advices or gesture which are being used
for instigation.

2. Conspiracy (Sazish)
If a person abetting to another person by conspiracy, for commission of an illegal act or omission which is
an offence, it is called abetment by conspiracy and abettor also will be liable for this offence. So in this
type of abetment, there must be a conspiracy and two or more persons are required.

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3. Intentional aiding

Aid means help, if a person abetting to another person by intentional aid, for commission of an illegal act
or omission which is an offence, it is called abetment by aiding and abettor also will be liable for this
offence. There can be two or more person who will be helping the offender for commission the crime.

Punishments for abetment

Following is the detail of punishments for the act abetted by other and acts are offensive in their nature.

1. Unspecified punishment

If any punishment has not been specified in the P.P.C for abetment, in this case the abettor will be
punished for the offence which has been committed in the result of his abetment to offender

2. Commission of different act

•If person abetted who committed a different act for which he has not been abetted but in addition to act
abetted, in this case the abettor will be punished for each of the
Offence.
3. Commission by Different Way
If person abetted who committed an offence with a different way, in this case the abettor will be punished
according to the nature of offence committed

3. Commission Of Same Act

If person abetted who committed the same act for which he has been abetted but its result is different, in
this case the abettor will be punished according to the result of offence committed

4. Presence of abettor on place of occurrence

If abettor is present at the time of occurrence of the offence even act is committed by the person abetted,
in this case the abettor will be punished according to the nature of
The offence committed.

5. Abetment causes death

If person abetted committed an act for which he has been abetted and if such abetment causes death to
any person, in this case the abettor will be punished with imprisonment which can be consisted on 14
years as well as also will be liable to fine or both.

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7. Abettor is public servant

If the person abetted or the abettor is a public servant, in this case the person abetted and abettor will be
punished with imprisonment according to the nature of offence
Committed as well as they also will be fined or both.

8. Abettors are more than 10

If the person abetted committed an act for which he has been abetted by the persons more than 10 in
number, they all will be punished with imprisonment which can be up to three years or they will be fine
or both.

9. Abettor designing the schedule

If abettor is designing the schedule for commission of an offence or omission from not to do which is
legal, by fully knowing the bad results of its designed schedule, in this case abettor will be punished with
imprisonment which can be up to seven year in case of commission of an offence, but if offence is not
committed, in this case abettor will be Kept imprisoned up to three years.

10. Abettor designing the schedule is public servant

If abettor who public servant is designing the schedule for commission of an offence or omission from not
to do which is legal, by fully knowing the bad results of its designed
Schedule, in this case abettor will be punished with imprisonment which can be up to ten year in case of
commission of an offence, but if offence is not committed , in this case abettor will be kept imprisoned up
to 205 years or fine

11. Under section 118 P.P.C

With all conditions of section 118 of P.P.C under, If abettor is designing the schedule for commission of
an offence or omission from not to do which is legal, by fully knowing the
Bad results of its designed schedule, in this case abettor will be punished with imprisonment or fine or
both.

7) Objectives of Punishment

Following are the objectives of the punishment

1) The major objective of the punishment is the protection of the life from abettor
2) Second objective of the punishment is the protection of the property of the people
3) Another objective of the punishment is the protection of the state and country
4) Theory of punishment aim is the maintenance of the peace and equality
5) Protection of the culture and morality. Most important objective is protection of rights and
liberties of the people

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6) The biggest aim of punishment is to disgrace the crimes and criminal activities

Conclusion

In this question there are two personalities should be exist, one who is known as person abetted and 2nd
who is known as abettor. Under Pakistan penal Code act, person abetted
and abettor both will be held responsible for an offence which may be committed by person abetted or by
both. And they will be given same punishment for offence according the nature of their offence. Abettor
is a person who urges other or helps other to commit a crime and person abetted is the person who
commits the crime directly by his hands.

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 Hurt And Its Kinds
Introduction

Under Pakistan Penal Code, there are a lot of criminal acts as well as methods of commission of such acts
are different. When someone causes an injury to any person or dismembers any organ of the body of any
person, without causing his death, is called hurt. In case of qatal, the victim gets expire but in case of hurt,
victim remains from death. In case of hurt, various organs and parts of human body have been defined
separately. All injuries have different punishments according to the nature of hurt.

Meaning of Hurt

The term hurt is a legal term which means to cause physical pain to somebody

Definition of hurt

Hurt is one of the criminal act which causes harm to human body other than death.

Essentials of hurt

The hurt is harm caused to human body other than death. Following are the essentials of hurt
1) Causing pain, Harm or injury
2) Causing Disease
3) Causing disabling of any organ without death
4) Causing dismembering of any organ without death
5) Kinds of hurt

Following are the five kinds of hurt under Pakistan Penal Code. Details are as under

1. Itlaf-e-Udw

When someone dismembers any organ of the body of any other person without causing his death is called
itlaf−e−udw

Punishment: in this case, the offender will be punished with Qisas but where Qisas is not executable; the
offender will be punished with imprisonment which can be up to ten

Years as tazir

2. Itlaf-i-Salahiyat-i-Udw

• When someone destroys the power of any organ of the body of any other person without causing
his death is called iflaf−e−Salahiyat−Udw

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• Punishment: in this case, the offender will be punished with Qisas but where Qisas is not

Executable, the offender will be punished with imprisonment which can be up to ten years as tazir

3. Shajjah

• When someone causes harm on the head or face of the any other person without causing his
death, which does not amount to itlaf−e−udw and itlaf−e−salahiyat−e−udw, is called Shajjah

Following are the kinds of shajjah which is six provided in Pakistan Penal Code, these are different types
of injuries on head and face

1. Shajjah-e-Khafifa

When someone causes harm by weapon on the face or head of any other person without exposing the
bone of victim

2. Shajjah-e-Mudihah

When someone causes harm by weapon on the face or head of any other person, but bone of the victim is
exposed

3. Shajjah-e-Hashima

When someone causes harm by weapon on the face or head of any other person, resulting in fracture of
bone of the victim without dislocating it

4. Shjjah-e- Munaqillah

When someone causes harm by weapon on the face or head of any other person, resulting in fracture of
bone of the victim with dislocating it

5. Shajjah-e-Aima

When someone causes harm by weapon on the face or head of any other person, resulting in fracture of
the skull of the victim, where wound touches the membrane of the brain

6. Shajjah-e-Damiyah

When someone causes harm by weapon on the face or head of any other person, resulting in fracture of
the skull of the victim, where wound breaks the membrane of the brain

4. Jurh

When someone causes harm on the body of any other person other than head or face, which leaves a
temporary or permanent mark of the wound on the body, is called Jurh Following are the kinds of Jurh

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1) Jaifah

When someone causes injury on the body cavity of trunk of any other person, is called Jaifa

2) Ghair Jaifah

When someone causes injury which does not comes under the category of jaifa, is called Ghair
JaifahGhair Jaifah has more six kinds. Details are as under

a) Damiyah

In which the skin of the injured person is ruptured and bleeding occurs, is called Damiyah

b) Badiah

In which the skin of the injured person is cut without exposing the bone of the victim is called Badiah

c) Mutlahima

In which the skin of the injured person is scratched is called Mutlahima

d) Mudihah

In which the bone of the injured person is exposed is called Mudihah

e) Hashima

In which the bone of the injured person is fractured without dislocating, is called Hashima

f) Munaqillah

In which the bone of the injured person is fractured as well as get dislocate, is called Hashima

5. All other kinds of Hurt

Following are the other kinds of hurt under Pakistan Penal Code, details are as under

1. Hurt by negligent driving

When someone causes harm to any other person by negligent driving, in this case the accused will be
punished according to the nature of harm under PPC by Tazir

2. Hurt by Negligent act other than driving

When someone causes harm to any other person by negligent act other than driving, in this case the
accused will be punished according to the nature of the harm under PPC by Tazir which can be
imprisonment, fine or both

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3. Hurt caused by mistake

When someone causes harm to any other person by mistake, in this case accused will be punished
according to the nature of the harm under PPC

4. Hurt by means of poison

When someone causes harm to any other person by using poison, in this case the accused will punished
with imprisonment which is up to ten years

6) Conclusion

Under Pakistan Penal Code, there are two major types of injuries, one of them is on head or face and 2nd
is injury on the body of the other person, there are under

P.P.C different punishments has been defined according to the nature of harm, punishment under P.P.C
can be imprisonment, fine or both. Accused can be punished with Qisas as well as Under P.P.C as Tazir
against his harm committed against any other person.

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 Qatl-E-Amd And Qatl-E-Shiba-E-Amd, Their Respective Punishments.

(1) Introduction

The major object of law is to protect the life of citizens of society from offenders. Qatl means causing
death of a person. It is the killing of human being by a human being. When someone intentionally causing
death of other person by using deadly weapons, after knowing that his act is very dangerous and it can
cause death, it is called Qatl−e−Amd. When someone have intention to cause bodily injury to other by
doing an act but injured person died without mens reus, it is called Qatl−e−Shibe−Amd. Qatl can be
lawful or unlawful, Lawful Qatl have been divided into three categories. Accidental, justifiable and
Excusable.

2) Meaning of Qatl
The word Qatl is an Arabic word which means to Kill, to put death.

3) Definition of Qatl

Unlawful killing of one human being by another human being by an unlawful act
4) Kinds of unlawful Qatls
Following are four major types of unlawful qatls provided and defined in the Qisas and diyat ordinance.

1. Qatl-e-Amd

When someone intentionally causing death of other person by using deadly weapons, after knowing that
his act is very dangerous and it can cause death, it is called Qatl−e− Amd

Punishment for Qatl-e-Amd

Following are the punishments for whom, who commits Qatl−e−Amd. Details are as under:

1) Punished with Death as Qisas

2) Punished with Death as Tazir
3) Imprisonment for life as Tazir, the term of imprisonment can be 25 five years but not less
than 10 years.

4) No clause will apply if offence of Qatl−e−Amd is committed on the name of honour

Example
A shoots Z, with the intention of killing Z, and if Z dies, A will be liable for Qatl−e−Amd

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 2. Qatl-e-Shiba-Amd

When someone have intention to cause bodily injury to other by doing an act but injured person died
without mens reus, it is called Qatl−e−Shibe−Amd

Punishment for Qatl-e-Shiba-e-Amd

Following are the punishments for whom, who commits Qatl−e−shiba−e−Amd. Details are as under:

1) He will be punished as Diyat

2) Punished with imprisonment, the term of imprisonment can be 25 years

Example
A attacks B, with a stick which cannot become cause of death of B. if B dies as a result of such attack. A
will be liable for Qatl−e−Shiba−e−Amd

3. Qatl-e-Khata

When someone caused death of a person either by mistake of act or by mistake of fact, and has no
intention to cause the death or cause harm of a person, is called Qatl−e− Khata.

Punishment for Qatl-e-Khata

Following are the punishments for whom, who commits Qatl−e−Khata. Details are as under:
1) Where the death of a person is caused by negligent act, accused will be punished with
imprisonment with the term of 5 years as tazir
2) Where the death of a person is caused by negligent driving, accused will be punished with
imprisonment with the term of 10 years as Tazir
Example
If A shoots a deer to hunt, but mistakenly bullet hits a person standing nearby deer and person dies. A will
be liable for Qatl−e−Khata

4. Qatl-e-Bis-Sabab

When someone caused death of a person without any intention to cause death or harm to other, but
accused does unlawful act which becomes a cause of death of other person, it is called Qatl−e−bis−Sabad

Punishment for Qatl-e-Bis-Sabab

Following are the punishments for whom, who commits Qatl−e−Bis−Sabab. Details are as under:
1) One who commits qatl−e−Bis−Sabab shall be liable to Diyat only

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Example

If a person A unlawfully digs a pit in the way without any intention to death or harm to other, and any
person B falls in it and dies, A will be liable for Qatl−e−Bis−Sabab

5) Essentials elements of Qatl

Following are essential elements of Qatal. Details are being given as under
1) There must be death of human being
2) Weapon may be used under some circumstance
3) Such death must be caused by doing an act
4) Act should be unlawful or dangerous
5) There must be intention to death under some circumstances
6) There should be mistake of fact or mistake of act
7) Knowledge about act that, it is likely can cause death
6) Differences between different types of Qatl

Following are the differences between different types of Qatl. Details are as under.

1. As to intention
Qatl-e-Amd, accused intentionally caused the death of person
Qatl-e-Shiba-Amd, accused unintentionally caused the death of person
Qatl-e-Khata, accused unintentionally caused the death of person
Qatl-e-Bis-Sabab, accused unintentionally caused the death of person
2. As to Mens Rea
Qatl-e-Amd, Mens rea is an essential element in qatl−e−am which needs to be proved by
prosecutor

Qatl-e-Shiba-Amd, Mens rea is an essential element in qatl−e−shiba−amd which needs to be

proved by prosecutor
Qatl-e-Khata, No mens rea is required to be proved
Qatl-e-Bis-Sabab, No mens rea is required to be proved
3. As to Punishment of Qisas
Qatl-e-Amd, the punishment of Qisas is available for Qatl−e−amd
Qatl-e-Shiba-Amd, the punishment of Qisas is not available for for Qatl−e−Shiba−eamd

Qatl-e-Khata the punishment of Qisas is not available for Qatl−e−Khata

Qatl-e-Bis-Sabab, the punishment of Qisas is not available for Qatl−e−Bis−Sabab
4. As to Punishment of Diyat
Qatl-e-Amd, the punishment of Diyat is not available for Qatl−e−amd
Qatl-e-Shiba-Amd, the punishment of Diyat is available for Qatl−e−Shiba−e−amd
Qatl-e-Khata, the punishment of Diyat is available for Qatl−e−Khata
Qatl-e-Bis-Sabab, the punishment of Diyat is available for Qatl−e−Bis−Sabab

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7) Conclusion

Under Pakistan Penal Code, different kinds of punishments have been defined for different kinds of Qatls
by doing an unlawful act by offender. Law determines whether the act has been committed intentionally
or unintentionally, lawful or not, and committed by mistake of fact or by mistake of act, after all
determination, court decides the punishment for accused in order to prevent the society from offender and
commission of such act in future.

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 Theft And Extortion Their Features And Difference

1) Introduction

Under Pakistan Penal Code, it has been defined that when a person obtains money, property or other
valuables thing from others by use of force, threat or violence, is called extortion and it is a criminal act in
the eye of law. Extortion is such crime which can take place by telephone, via voice mail, text email or
other computer or wireless communication. If any method for extortion is used for unlawfully obtaining
money or property, it can be a federal crime. Extortion involves the consent of the victim but that consent
is taken by undue influence or by use of unfair means.

2) Meaning of extortion

The word extortion is a Latin word which means to get something by force or threats=

3) Definition of extortion

The practice of obtaining something specially money or other property from people by use of force or
threat is called extortion

4) Definition of theft

A criminal act in which property of another is stolen without the consent of the owner

5) Explanation of extortion

If A get pressurizes to B, to sign on a blank paper by putting him in fear of death or grievous hurt, B signs
and delivers the paper to A. And A converts the signed paper into valuable security. A has committed
extortion

6) Essential elements of extortion

Following are the essential elements of extortion. Details are being given below.

1. Intention

Intention is an essential element of extortion. As we already are aware that if a person is not guilty of any
offence until his mind is also guilty. It means that to establish the offence of extortion, guilty mind of
accused has to be proved

2. Threat of injury

Threat of injury is an essential element of extortion. The threat of injury must be present to deliver any
property to accused and such injury can be in body, mind, reputation or property.

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3. Delivery of Property or Valuable Security

Delivery of property is an essential element of extortion. The property or valuable security should be
delivered by the person who is in fear of injury to accused

4. Inducement (Amada Karna)

Inducement is an essential element of extortion. If a person is induced to deliver his property to accused
by fear of an injury, it is an offence of extortion, if possession was obtained peacefully there is no
extortion

7) Punishment for extortion

Under Pakistan Penal Code, following is the punishment for whom who commits extortion against other
person by use of unfair means such as use of force, threat or violence etc.

1) Imprisonment with the term of three years

2) Fine can be imposed

3) Both, imprisonment and fine

8) Punishment for putting a person in fear of injury

Under Pakistan Penal Code, following is the punishment for whom who commits extortion against other
person by keeping them in fear of injury

1) Imprisonment with the term of two years

2) Fine can be imposed

3) Both, imprisonment and fine

9) Punishment for putting a person in fear of Death

Under Pakistan Penal Code, following is the punishment for whom who commits extortion against other
person by keeping them in fear of death

4) Imprisonment with the term of ten years

5) Fine can be imposed

6) Both, imprisonment and fine

10) Punishment for putting a person in fear of Grievous hurt

Under Pakistan Penal Code, following is the punishment for whom who commits extortion against other
person by keeping them in fear of grievous hurt

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7) Imprisonment with the term of seven years

8) Fine can be imposed

9) Both, imprisonment and fine

11) Punishment for putting a person in fear of accusation of offence

Under Pakistan Penal Code, following is the punishment for whom who commits extortion against other
person by keeping them in fear of accusation of an offence

10) Imprisonment with the term of ten years

11) Fine can be imposed

12) Both, imprisonment and fine

12) Punishment for putting a person in fear of accusation of offence punishable with death or
life imprisonment

Under Pakistan Penal Code, following is the punishment for whom who commits extortion

Against other person by keeping them in fear of accusation of an offence punishable with death or life

Imprisonment

13) Imprisonment with the term of ten years

14) Fine can be imposed

15) Both, imprisonment and fine

13) Types of crimes in Pakistan

Following are the types of crime in Pakistan which are punishable under the Pakistan penal code

1) Murder

2) Rape

3) Robbery

4) Theft

5) Undue influence

6) Corruption

7) Cyber crime

8) Human trafficking

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14) Objectives of Punishment

Following are the objectives of the punishment

1) The major objective of the punishment is the protection of the life from offender

2) Second objective of the punishment is the protection of the property of the people

3) Another objective of the punishment is the protection of the state and country

4) Theory of punishment aim is the maintenance of the peace and equality

5) Most important objective is protection of rights and liberties of the people

6) The biggest aim of punishment is to disgrace the crimes and criminal activities

7) To prevent the other members of the community from repeating of crimes

15) Conclusion

Under Pakistan Penal Code, there are different kinds of punishment for theft and extortion because there
is a lot of difference between these two. Theft is stealing something without the consent of owner of the
property without making undue influence upon him. But in extortion there is a difference in commission
of an offence, in extortion accused gets consent of the owner by using unfair means in order to obtain
something. That’s why P.P.C defines different types of punishment for each offence under court of law

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 Hadd and Tazir, Hadd Offences in Islam

1) Preface

In Islamic law there are two kinds of punishments are given by Islamic law which is Hadd and Tazir.
Tazir refers to punishment for offences at the discretion of the judge. Hadd refers to punishment for
offenses as mentioned in Holy Quran and judge can’t change them. In Islamic Law, aim or objective of
such kind of punishments is to reformation of criminal and disgracing them.

2) Meaning of Hadd

Literal meaning of the Word HADD is limit

3) Definition of Hadd

Legally Hadd means those punishments whose limit has been defined in the Holy Quran and Hadith.

4) Meaning of Tazir

Literal meaing of the word Tazir is < To Punish=

5) Definition of Tazir

Legally Tazir means those Punishments <where Judge is authorized to fix the nature of punishment which
may be fine, death, imprisonment, compensation etc against violation of individual rights.

6) List of Hadd offences

Some jurists have presented its seven kinds which are as under,

1. Unlawful sexual intercourse

Zina in Islamic is unlawful sexual relations between Muslims who are not married to one another through
a nikah (Islamic marriage)

Proof of Zina

Offence should be proved by testimony of four eligible witnesses who present evidence of actual
penetration (Dakhool)

Or accused (Mulzim) must confess four times

Punishment of Zina

A. In case of Married

In case of married the punishment for Zina is death by stoning

B. In case of Un-married

In case of non−married, the punishment is 100 lashes

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2. Defamation

Any Person who is competent and adult whether male or female, slave or free, falsely charges unlawful
sexual intercourse without eyewitness is liable for Qadf.

Proof of Defamation

Offence should be proved by confession

Or testimony of two adult male free Muslims

Punishment of Defamation

• Punishment for Qadf is 80 stripes for free person

• And 40 stripes for slave

3. Drinking of Wine

• Muslims are not allowed to drink wine because it will be considered a sin to have a beer whatever
the quantity and this is punishable act

Proof of drinking vine

• Crime should be proved by two adult male eligible Muslims

4. Theft

• This is the action or crime of stealing.

• If offender takes something from custody of safe place

• By stealing property with the value of ¼ dinar according to majority.

• He should be punished for theft by Hadd

Punishment

• Cutting of right hand from joint of wrist if theft is committed first time

5. Robbery

• The taking of money or goods from the possession of another by force

• It may be robbery from travellers who are far away from home

• It may be armed entrance into a private home

Punishment

• Death by beheading (Sar Qalam Karna)

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• Cutting off hands or foot

• Life Imprisonment

6. Apostasy

Act of converting to another religion, by a person who was born in

A Muslim family or who had previously accepted Islam after awareness of penalty which is death for men
and physical punishment for women

7. Rebellion

• Rebellion is an act of armed resistance against state and it also comes into the Hadd ,

• its punishment is death or life imprisonment

7) Difference between Hadd and Tazir

Being Muslims, it is obligatory(Mandatory) for us to accept wholeheartedly all the tenets of Islam. Hadd
crimes are crimes against ALLAH’s Law. Tazir crimes are crimes against society. Islam has defined two
kinds of punishment namely Hadd ,Tazir. Punishments for Hadood are integral part of Islam which can’t
be reduced by Judge. In Tazir crimes, judges are authorized to fix the nature of punishment on their own
discretion (Sawabaydeed) Following are the some point of distinction between hadd and tazir

1. As to Object

The object is hadd is prevention of a crime by following the principles laid down in the Quran
and limits prescribed by ALLAH

The object of Tazir is reformation and correction of the offender

2. As to procedure

The procedure of trial in Hadd is complicated

The procedure of trial in Tazir is Simple, according to some jurists, Judge can judgment on basis
of his own knowledge

3. As to Right

Violation of rights of ALLAH gives raise to Hadood Punishments

Violation of rights of Individual gives raise to Tazir Punishments

4. Change of Sentence

The penalty of Hadd can’t be commuted

The penalty of Tazir can be commuted

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5. Pardon of Sentence

Pardon can’t be granted in Hadood cases

Pardon may be granted in Tazir cases

6. Operation of Mistake

Doubt or mistake can affect the penalty of Hadood cases

Doubt or mistake can’t effect the penalty of Tazir cases

7. Rule of testimony

The evidence of women is not acceptable in Hadood Cases

The evidence of women is acceptable in Tazir cases, but the nisab of one man and two women
will have to keep in view

8. Standard of evidence

In hadood ,the standard of evidence is so high as to number, qualification and conditions of

witness because any doubt can prevent the implementation of hadd punishment

In Tazir,Standard of evidence is not so high

9. Mention of Offences

Some jurists listed seven hadd offences.

1. Murder

2. Apostasy from Islam

3. Robbery

4. Theft

5. Adultery

6. Defamation

7. Rebellion

8. Alcohol drinking

Tazir offences has not been mentioned because they are innumerable (Angint)

10. As to discretion

In Hadood crimes ,judge can’t exercise his discretion(Raye/Sawabaydeed)

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 In Tazir crimes, Judge can exercise his discretion

11. Replacement

Hadd punishment can be dealt with under Tazir

In Tazir the punishment of Hadood can’t be enforced

8) Concluding Remarks

Punishment for Hadd and Tazir is part of Islamic law. Hadd was implemented in Arabic before
promulgation (Ishaat) of Islam as Tazir in Pakistan. Islamic law does have separate courts for Muslims for
RELIGIOUS CRIMES. Non−religious courts for other criminal and civil matter. Objective of Islamic law
and courts to secure the people of society from offenders

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 Qazf, Liable To Hadd Or Tazir

1) Preface

Qazf is a criminal violation of rights of others. It is an intentional false accusation of unlawful sexual
intercourse. The Holy Quran has preserved the reputation of each and every person and if accusation
proved false, in this case there is a severe punishment for offender. If a person has been falsely accused
for Zina by other person, he will sue him and will receive damages from him through the court of law and
such person will be punished under Hadd or Tazir offence ordinance. Qazf directly effects the persons’
reputation in the eye of the society. One saying related to it” When wealth is lost, nothing is lost; when
health is lost, something is lost; when character is lost, all is lost”

2) Meaning of Qazf

• The literal meaning of qazf is throwing out

3) Definition of Qazf

• When someone falsely makes an allegation of zina to other person either by words or written with
the intention to harm the reputation of such person is called Qazf

4) Essential elements of Qazf

Following are the essential elements of Qazf. Details of these elements are being given below.

2. There should be an accusation of zina

• In order to establish Qazf, if the accusation of zina by one person against another person is
proved, slanderer will be liable for punishment against his criminal act. If an accusation is not available in
this case punishment will not be given

3. An accusation should be false

• In order to establish Qazf, if an accusation of zina is proved false, in this case slanderer will be
liable for punishment against his criminal act, if the allegation of zina is proved to be true and made for
public good, in this case punishment will not be given

4. An accusation should be clear by words

• In order to establish Qazf, if an allegation of zina is clear by words either spoken or written, in
this case slanderer will be liable for punishment against his criminal act, if the words are not clear, in this
case punishment will not be given

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5. And accusation should harm the reputation

• In order to establish Qazf, if the statement of an allegation of zina has been given in order to harm
the reputation of other person, in this case slanderer will be liable for punishment against his criminal act

5) Kinds of Qazf

Following are the two kinds of Qazf

1) Qazf liable to Hadd

2) Qazf liable to Tazir

1. Qazf liable to Hadd

When an adult intentionally and clearly commits Qazf of Zina against a person who never having sexual
intercourse except his lawfully wedded spouse, such kind of qazf is liable to Hadd

Proof of Qazf liable to Hadd

Following are the proof which is necessary to establish the Hadd punishments

1) When slanderer confesses his guilt before the court of law

2) When the slanderer makes an imputation before the court of law

3) When at least two Muslims give testimony before the court of law after process of Tazkiya Tu
Shahood against slanderer that slanderer is falsely accusing of zina

Punishment of Qazf liable to Hadd

Following are the punishments for slanderer who commits Qazf liable to hadd and his statement proved
false

1) If the allegation of zina is proved false by the court of law, the person who is liable to Qazf will be
punished eighty strips against his Qazf

Conditions in which hadd shall not be imposed

Following are the conditions in which the punishment for Qazf will not be imposed upon slanderer.
Details are as under

1) When slanderer commits qazf against any of his relative

2) When either slanderer or person slandered died during the judicial proceedings

3) When allegation is proved true

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4) When person slandered withdraws the case

5) When number of witnesses are less than two

Who can file case against Qazf

No proceedings under this Ordinance shall be initiated unless the report is lodged before the court

1) If the person slandered is alive, he himself or other person on behalf of him can file the case
against slanderer in the court for punishment

2) If the person slandered is dead, in this case any of the ascendants or descendants of deceased
person can file the case against slanderer in the court for punishment

2. Qazf liable to Tazir

Qazf of liable to tazir is established when it is not liable to hadd, and there is no evidence or testimony is
available against his false accusation fo zina against a person, in this case the punishment of Tazir will be
imposed upon him

Punishment of Qazf liable to Tazir

Following are the punishments for slanderer who commits Qazf liable to Tazir

1) Imprisonment with the term of two years, imprisonment can be rigorous or simple

2) Will be punished 40 strips

3) Fine

6) Objectives of Punishment

Following are the objectives of the punishment

1) The major objective of the punishment is the protection of the life from offender

2) Second objective of the punishment is the protection of the property of the people

3) Another objective of the punishment is the protection of the state and country

4) Theory of punishment aim is the maintenance of the peace and equality

5) Protection of the culture and morality

6) Most important objective is protection of rights and liberties of the people

7) The biggest aim of punishment is to disgrace the crimes and criminal activities

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8) To prevent the other members of the community from repeating of crimes

7) Conclusion

Qazf is a false allegation of Zina against a person who never having sexual intercourse except his lawfully
wedded spouse, after proving the statement false, according to Islamic injunctions, slanderer will be
punished under an ordinance of Hudood case 1979. Qazf basically is attack on reputation of person and
such attach decreases the person’s reputation in the eye of society, itis severe criminal act against which
different injunction have been given in Quran and Sunnah for the protection of innocent people from such
slanderers

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 Diyat & Qisas, its kinds and punishment under Pakistan Penal Code.

1) Introduction

Under hudood law, there are certain kind of punishments which has been described in Islamic injunctions.
Diyat is basically a financial pressure which is imposed on offender against his offence in which offender
has to pay an amount to victim or his heir against his loss. Qisas is such punishment in which offender is
given the same injury as he has caused to victim or offender is given death punishment if offender has
committed qatl−e−Amd by his heirs. There is a very little difference between diyat and qisas, as Diyat is a
compensatory punishment which is in shape of money, and Qisas is a corporeal punishment which is
based on revenge such as <an eye for eye, finger for finger, and life for life etc

2) Definition of Diyat

Diyat is financial compensation which is paid to victim or heir of victim in the cases of murder, bodily
harm, or property damage.

3) Meaning of Qisas

Qisas is an Arabic term which means to act like the act of another.

4) Definition of Qisas

Qisas is punishment by causing similar hurt at same part of the body of the offender as he has caused to
the victim or by causing his death if the has committed qatl−i−amd in exercise of the right of heir of the
victim.

5) Value of Diyat

The court will fix the value of diyat, keeping in view the injunctions of the Holy Quran and sunnah as
well as keeping in view the financial position of offender and victim, which will not be less than the value
of thirty thousand six hundred and thirty grams silver. And amount shall be revised by the federal
government on the 1st July of fiscal year.

6) Financial position of victim and offender

If the victim is very rich and the offender is very poor, there will be some leniency towards the amount of
diyat. But offender will be kept in prison because he is unable to pay the amount of diyat to victim or his
heirs.

7) Modes of payment of diyat

Under Pakistan Penal Code, there are two different modes to pay the payment of diyat to victim or his
heirs

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1) Lump−sum: Diyat can be paid lump−sum

2) In installment: Diyat also can be paid in installments which can be consisted on the period of
three years

8) Offences for which diyat is awarded

Following are the offences against which the punishment of diyat is awarded to offender under hudood
laws

1) Qatl-e-Amd

2) Qatl-e-Shiba-Amd

3) Qatl-e-Bis-Sabab

4) Qatl-e-Khata

5) Qatl-e-Janin

9) If convict fails to pay diyat

If convict fails to pay diyat or any part of it with in the specified period, he will be kept in prison until the
amount of diyat is paid or remaining part of it. He can be released on bail if he deposits security equalent
to the amount of diyat to the court

10) If convict dies before payment of diyat

If convict dies before the payment of diyat or remaining part thereof, in this case the remaining amount
will be paid by the heirs of victim

11) Offences for which Qisas is awarded

Following are the offences against which the punishment of Qisas is awarded to offender under hudood
laws

1. Qatl-e-Amd

2. Itlaf-e-Udw

3. Itlaf-e-Salahiyat-Udw

4. Shajjah-e-Mudihah

5. Hurt to extort confession

12) Execution of Qisas in Qatl-e-Amd

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Following matters should be kept in mind while executing Qisas in Qatl−e−Amd.

1) Qisas should be executed by the functionary government

2) Qisas should be executed in the presence of heirs of victim

3) If heir is not present, Qisas should be executed in presence of authorized representative of

heir

4) If heir and his representative are not present even after being informed of date, time and
place, in this case an officer by court will execute the Qisas

5) If the convict is pregnant woman, the court will postpone Qisas up to two years

13) Qatl-e-Amd not liable to Qisas

The punishment of Qisas cannot be imposed on the following four types of person

1) Where the offender is Minor

2) Where the offender is insane

3) Where offender is father of victim

4) Where offender is son of victim

14) Confirmation of execution of qisas

• Sentence or punishment of death by way of qisas against death of other person by offender shall
not be executed unless and until the court of law confirmed this sentence

15) Objectives of Punishment

Following are the objectives of the punishment

1) The major objective of the punishment is the protection of the life from offender

2) Second objective of the punishment is the protection of the property of the people

3) Another objective of the punishment is the protection of the state and country

4) Theory of punishment aim is the maintenance of the peace and equality

5) Protection of the culture and morality

6) Most important objective is protection of rights and liberties of the people

7) The biggest aim of punishment is to disgrace the crimes and criminal activities

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8) To prevent the other members of the community from repeating of crimes

16) Conclusion

The measure of punishment varies from time to time according to the nature of crime committed by the
offender. There are different kinds of crimes and different punishments are available against all kind of
offences. Pakistan Penal code always follows the Holy Quran & Sunnah in order to give punishment for
Hadd crimes and there is no discretion of the judge on Hadd punishment because these have been
prescribed in Islam.

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 Amendment of Azad Jammu & Kashmir in Hudood Laws

AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR

Law, Justice, Parliamentary Affairs and Human Rights Department

******

“Muzaffarabad”
Dated: 19.09.2017

No. LD/Legis-Act/719-34/2017. The following Act of Assembly received the assent of the President on the 18th day of
September 2017, is hereby published for general information.
[Act XLII of 2017]

An Act further to amend the Offence of Zina (Enforcement of Hudood) Act, 1985

Whereas, it is expedient further to amend the Offence of Zina (Enforcement of Hudood) Act, 1985 (Act V
of 1985), for the purposes hereinafter appearing;

It is hereby enacted by follows:-

1. Short title and Commencement.- (1) This Act may be called the Offence of Zina (Enforcement of
Hudood) (Amendment) Act, 2017.

(2) It shall come into force at once.

2. Amendment of Section 20, Act V of 1985.- In the Offence of Zina (Enforcement of Hudood) Act,
1985 (Act V of 1985), in Section 20, in sub-section (2), for the words, “High Court of Azad Jammu and
Kashmir, the words “Shariat Appellate Bench of the High Court” shall be substituted.

3. Pending Cases.- All the cases pending before the Azad Jammu and Kashmir High Court under the
Offence of Zina (Enforcement of Hudood) (Amendment) Ordinance 2017, (Ordinance IX of 2017), shall
stand transferred to the Shariat Appellate Bench of the High Court.

4. Repeal.- The offence of Zina (Enforcement of Hudood) (Amendment) Ordinance 2017,

(Ordinance IX of 2017) is hereby repealed.

(Muhammad Idrees Tabassum)

Secretary Law

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References

I. LL.B Notes By Innovative Law Academy Lahore

II. LL.B Guide By Khurram Amir Qureshi
III. Nasir Law Site
IV. www.law.gok.pk

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