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The punishment for any offense under the Pakistan Penal Code (PPC) varies depending on the specific offense committed. The PPC provides specific provisions for each offense, specifying the range of punishment that can be imposed by the court upon conviction.
Section 53 of the Pakistan Penal Code (PPC) pertains to the “Punishment to which offenders are liable under the sentence of a Court.”
Kinds of Punishments (U/S 53 of PPC):
The punishments to which offenders are liable under the provisions of P.P.C are as under.
- Imprisonment for life
- Imprisonment which namely
- Rigorous i-e with hard labour
- Forfeiture of Property
Qisas is a legal concept derived from Islamic law and is based on the principle of retributive justice. It refers to the right of the victim or their family to seek retaliation or retribution for certain offenses committed against them. The term “qisas” itself means “equality” or “evenness” in Arabic.
Under the concept of qisas, the punishment for an offense is equivalent to the harm caused to the victim. It primarily applies to cases involving bodily harm or loss of life. The goal of qisas is to provide a sense of justice and maintain social order by ensuring that the punishment matches the severity of the crime.
In Pakistan, the provisions related to qisas are primarily derived from Islamic law and are incorporated into the legal framework. The main provisions related to qisas can be found in the Pakistan Penal Code (PPC) and the Qisas and Diyat Ordinance, 1990.
Examples of offenses where qisas may be applicable include:
- Murder: If a person intentionally causes the death of another person, the family of the deceased may have the right to seek qisas. The punishment, in this case, would be the equivalent punishment of causing the death of the offender, subject to certain conditions and legal procedures.
- Bodily Harm: In cases of serious bodily harm or injuries caused intentionally, the victim or their family may have the option to seek qisas. The punishment would involve causing equivalent harm or injury to the offender, as determined by the court.
The relevant provisions related to qisas in Pakistan include:
Qisas and Diyat Ordinance, 1990: This ordinance provides the legal framework for the implementation of qisas and diyat (blood money) in Pakistan. It outlines the procedures, conditions, and limitations for seeking qisas and settling offenses through compensation (diyat).
Section 299 and Section 302 of the Pakistan Penal Code: These sections define the offense of murder and establish the distinctions between murder and culpable homicide. They provide the basis for determining whether qisas is applicable in cases of intentional killing.
Diyat is a concept within Islamic law that relates to the payment of compensation or blood money by the offender to the victim or the victim’s family in cases of murder. Diyat means the compensation payable only in cases Qatl and not in cases of hurt. It is payable only in cases where cases an offender guilty of qatle –i – amd is not lible to qisas or where is not enforceable.
Value of Diyat U/S 323 of PPC:
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 silver.
Arsh is the kind of compensation payable at the causing of hurt.
Definition U/S 299 (b) of PPC:
Arsh means the compensation specified in P.P.C to be paid to the victim or the heirs.:
Value of Arsh:
The value of Arch will be assessed at certain percentage indicated various provisions of the value of diyat U/S 323 P.P.C.
Mode of payment:
The Arsh will be payable in lumpsun or in instalments spreading over three years from the date of final judgement.
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 section.
- Section 334 P.P.C.
- Section 337 P.P.C.
“Daman” is an Arabic term that refers to compensation or blood money paid by an offender or their family to the victim or the victim’s family as a form of financial restitution for bodily harm caused by the offender. Daman means compensation which is determined by the court as punishment against act causing hurt not liable to arsh. It is a component of the Islamic legal system and is recognized in some Muslim-majority countries, including Pakistan.
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 organ.
3. The anguish suffered by the victim.
Tazir means punishment where offender can not be punished through Qisas, Diyat, arsh or Daman.”
Tazir is a concept that refers to discretionary punishment or penalties imposed by the court for offenses not specifically covered by fixed punishments prescribed in religious texts or legal codes. It grants judges the authority to determine the appropriate punishment based on their understanding of the principles of justice, societal norms, and the specific circumstances of the case. Tazir punishments can include fines, imprisonment, public chastisement, or other measures aimed at maintaining social order and deterring unlawful behaviour.
The punishment of death, also known as capital punishment or the death penalty, involves the deliberate and authorized taking of a person’s life as a form of punishment for certain serious offenses. It is considered the most severe and irreversible penalty in the legal systems of some countries.
Death is the capital punishment that may be awarded for certain offences under P.P.C. Such as:
- Waging war against Pakistan U/S 121 P.P.C.
- Murder u/s 302, P.P.C.
- Hijacking etc.
Imprisonment For Life :
“Imprisonment for life” is a form of punishment where an individual is sentenced to spend the rest of their natural life in prison for committing a serious offense. In Pakistan sentence of imprisonment for life means, for remaining as span of natural life of convict, which is accepted as being of 25 years duration. (PLD 1968 LAH. 1).
Following are some of the offense, where it may be inflicted, as punishment.
- Sedition U/S 124-A P.P.C.
- Counterfeiting Pakistan coin U/S 232 P.P.C.
- Punishment for murder U/S 302P/P/C
Imprisonment means confinement of convict within certain prescribed limits. The maximum period of imprisonment that can be awarded for an offence is fourteen years U/S 55 P.P.C and the shortest term provided for an offence twenty four hours U/S 510 P.P.C. (I)
Kind Of Imprisonment:
In the case of rigorous imprisonment, the offender is put to labour such as digging earth, drawing water etc.
In the case of simply imprisonment the offender is confined to jail and is not put to any kind of work.
Forfeiture of Property:
Forfeiture of property refers to the legal process by which assets or property are seized by the state as a punishment for involvement in criminal activities. It serves as a deterrent and aims to disrupt criminal networks, remove proceeds of crime, and compensate victims.
Forfeiture of specific property may be awarded as punishment in the following section,
- Section 126 P.P.C
- Section 127. P.P.C
- Section 169, .P.P.C
“Fine” is a common form of punishment imposed by the courts for various offenses. A fine is a monetary penalty that an offender is required to pay as a consequence of their unlawful actions. The amount of the fine can vary depending on the severity of the offense and is determined by the court within the limits prescribed by law.
Fine is the punishment which may be awarded in some offences along with the imprisonment. Fine is the only punishment provided for in sections. 137, 154, 155, 156, 171-G, 171-H, 171- 1.278, 283, and 290, P.P.C
Sentence of imprisonment for non-payment of fine u/sec 64:
In every case where sentence of fine is awarded whether it is along with imprisonment or without imprisonment, the court may direct that in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.
Sentence of imprisonment not to run concurrently:
A sentences of imprisonment in default of fine has to be served out separately. That sentence cannot run Concurrently with any other sentence.
Limit Of Imprisonment For Non-Payment Of Fine U/Sec 65:
If the offence is punishable with imprisonment as well as fine the term shall not exceed one fourth of the imprisonment which is the maximum finds for the offence.
8. Limit of imprisonment for non- payment of fine u/sec 67:
If the offence is punishable with fine only, the imprisonment which the court imposes in default of payment of fine shall be simple and term shall not exceed the following scale. Amount of fine Term of imprisonment in default of payment of fine.
- Not exceeding 2 months and Rs. 50/.
- Not exceeding Rs.100/. Not exceeding 4 months.
- In any other case Not exceeding 6 months.