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Definition of Qatl:
According to section 299 (j) of P.P.C:
“qatl” means causing death of a person;
In legal terms, “qatl” refers to the intentional and unlawful killing of another person with premeditation or malice aforethought. It is considered a serious criminal offense under the Pakistan Penal Code and is punishable by law.
Follow are the relevant provisions of P.P.C
From Section 300 to 322 P.P.C.
Kinds Of Qatl:
Following are the different kinds of Qatl.
- Qatl shibh-i-Amd
- Qatl –i- Khata
- Qatl- Bis- Sabab
Qatl-l-AMD U/S 300:
“Qatl-e-amd” refers to a situation where someone causes the death of another person intentionally or by performing an act that is highly likely to cause death. This act may be done with the intention of causing death or causing bodily harm, knowing that the act is extremely dangerous and likely to result in death. In simpler terms, if someone intentionally causes another person’s death or does something that is very likely to cause death, it is considered as “qatl-e-amd” under the law.
Ingredients of Section 300 :
The following are the ingredients of Sec. 300 of P.P.C:
To constitute the offence of Qatl- l-Amd there must be intention to cause death or to cause bodily injury, on the part of the offender where the accused had the intention to cause such bodily injury as he knew to be likely to cause the victim’s death or if he knew that his act was so imminently dangerous that it must in all probability cause death he would be guilty of Qatl-i-amd.
Act Likely to Cause Death:
Intention must be accompanied ساتھ with doing of an act which in the ordinary course of nature is likely to cause death or which is so imminently dangerous that it must in all probability cause death. The phrase “ Imminently dangerous” deals with cases where an act in dose without any intention to kill but with such utter disregard of consequences that there is imputable ناقابل قبول knowledge that death is an extremely contingency احتمال وقوع.
If “A” shoots “B” with the intention of killing him .‟A‟ commits the offence of Qatl-i-amd.
Causing of Death:
To constitute Qatl-i-amd. The act must result in casing of death of another person. Accused الزام can come within the mischief فساد of this section only if death is direct result of the injury inflicted by the accused. (PLD1976 Sc 377) C.
Following factors may be taken into consideration by the court to determine whether the accused in guilty of qatl-i-amd or not.
1. Manner of causing the injuries as defined by the prosecution witnesses.
2. The nature of the injuries caused.
3. The part of the body where they were caused.
4. The weapon used by the accused in the commission of the offence.
5. The conduct of the accused.
Proof of Qatl-I-Amd:
Prosecution has to establish its case against the accused beyond reasonable doubt and every doubt is to be resolved in favour of the accused.(2994 SC MR 1614)
Punishment of qatl-e-amd U/S 302:
Whoever commits qatl e amd shall, subject to the provisions of this Chapter be :
(a) punished with death as qisas;
(b) punished with death for imprisonment for life as ta’zir having regard to the facts and circumstances of the case, if the proof in either of the forms specified in section 304 is not available; or
(c) punished with imprisonment of either description for a term which may extend to twenty five years, where according to the Injunctions of Islam the punishment of qisas is not applicable.
Case law (P.L.D 1994 S.S 274)
Sec. 302 of Pakistan penal code therefore, itself contemplates غور و فکر کرتا ہے plainly clearly a category of cases which are within the definition of Qatl-I Amd but for which the punishment can, under the Islamic Law, be one other than death or life imprisonment. And to what are the cases falling under c1ause of 302, the, law maker has left it to courts to decide on a case to case basis.
Proof of Qatl-i-Amd Liable to Qisas U/S 304:
Proof of Qatl-i-amd shall be in any of the following forms.
- Confession اقرار
- Evidence provided by article 17 Q.S.O, 1984.
Accused must makes before a court competent to try the offence a voluntary and true confession of the commission of the offence.
- Meaning of Confession:
“it is not defined in P.P.C.”
Naryanswami vs Emperor (air 1939):
“A” confession is a statement made by an accused which must either admit in terms the offence or at any rate substantially all fact which constitute the offence.”
- Before Competent Court:
Confession must be made before a court competent to try the offence. Extra judicial confession is excluded from the ambit of proof of Qati-I amd liable to qisas, by sec. 340 P.P.C.
- True and Voluntarily:
The test of admissibility of confession its voluntariness, the question as to whether a confession was voluntary being a question of fact, had to be determine keeping in view the facts and circumstances of each case are hard and fast rule of general application could be laid down (2003PCRLJ1212)
Evidence Provided in Article 17 of Q.SO 1984)
Qatl-i-amd liable to Qisas may be proved by the evidence as provided in Article 17 of Q.S.O,1984.
Right of Qisas in Qatl I Amd U/S 313:
(1) Where there is only one wali, he alone has the right of qisas in qatliamd but, if there are more than one, the right of qisas vests in each of them.
(2) If the victim:
(a) has no wali the Government shall have the right of qisas; or
(b) has no wali other than a minor or insane or one of the wali is a minor or insane, the father or if he is not alive the paternal grandfather of such wali shall have the right of qisas on his behalf:
Provided that, if the minor or insane wali has no father or paternal grandfather, how high so-ever, alive and no guardian has been appointed by the court, the Government shall have the right of qisas on his behalf.
Qatl I Amd Not Liable To Qisas U/S 306:
Qatliamd shall not be liable to qisas in the following cases:
(a) when an offender is a minor or insane:
Provided that, where a person liable to qisas associates himself in the commission of the offence with a person not liable to qisas with the intention of saving himself from qisas, he shall not be exempted from qisas.
(b) when an offender causes death of his child or grandchild, how low so ever; and
(c) when any wali of the victim is a direct descendant, how low-so-ever, of the offender.
Cases in which Qisas for Qatleamd shall not be enforced U/S 307:
(1) Qisas for qatliamd shall not be enforced in the following cases:
(a) when the offender dies before the enforcement of qisas ;
(b) when any wali voluntarily and without duress, to the satisfaction of the court, waives the right of qisas under section 309 or compounds under section 310; and
(c) when the right of qisas devolves on the offender as a result of the death of the wali of the victim, or on the person who has no right of qisas against the offender.
(2) To satisfy itself that the wali has waived the right of qisas under section 309 or compounded the right of qisas under section 310 voluntarily and without duress the court shall take down the statement of the wali and such other persons as it may deem necessary on oath and record an opinion that it is satisfied that the waiver or, as the case may be, the composition, was voluntary and not the result of any duress.
(i) A kills Z, the maternal uncle of his son B. Z has no other wali except D, the wife of A. D has the right of qisas from A. But if D dies, the right of qisas shall devolve on her son B who is also the son of the offender A. B cannot claim qisas against his father. Therefore, the qisas cannot be enforced.
(ii) B kills Z, the brother of her husband A. Z has no heir except A. Here A can claim qisas from his wife B. But if A dies, the right of qisas shall devolve on his son D who is also son of B, the qisas cannot be enforced against B.
Qatl Shibh-i-Amd U/S 315:
“Qatl-e-Shibh-e-Amd” refers to a situation where someone causes the death of a person, or any other person, by intending to cause harm to their body or mind. This harm can be inflicted using a weapon or through an act that, under normal circumstances, would not likely cause death. In simpler terms, if someone causes the death of another person or someone else while intending to harm them physically or mentally, using a method that wouldn’t normally result in death, it is considered as “qatl-e-shibh-e-amd” under the law.
A in order to cause hurt strikes Z with a stick or stone which in the ordinary course of nature is not likely to cause death. Z dies as a result of such hurt. A shall be guilty of qatl shibhi’ amd.
Ingredients of Sec 315:
Following are the essential ingredient of see.315.
- Causing death of human beings.
- Intention was to cause harm to body or mind.
- Death must be caused by means of a weapon or a act.
- Which in ordinary cause of nature is not likely to cause death.
Punishment u/sec 316:
Whoever commits qatl-shibhi amd be liable to diyat and may also be punished with imprisonment of either description for a term which may extend to fourteen years as tazir.
Meaning of Diyat u/sec 299(e):
Diyat means the compensation specified in section 323 payable to the heirs of the victim. Which is not less than the value of thirty thousand, six hundred and thirty grams of silver.
Qatl-i-khata U/S 318:
“Qatl-e-Khata” refers to a situation where someone unintentionally causes the death of a person without any intention to cause harm or death. This can occur due to an accidental act or due to a mistaken belief or misunderstanding of the situation. In simpler terms, if someone causes the death of another person by mistake, either by their actions or due to a mistaken belief, it is considered as “qatl-e-khata” under the law.
(a) A aims at a deer but misses the target and kills Z who is standing by A is guilty of qatlikhata.
(b) A shoots at an object but it turns out to be a human being. A is guilty of qatlikhata.
Ingredients of Section 318:
Following are the essential ingredients of sec 318.
- Causing death of a human being.
- By mistake of fact, or
- By mistake of act.
Punishment for Qatl-i-khata U/S 319:
The person who commits “qatl-e-khata” shall be held responsible for diyat (compensation for the family of the deceased مردہ). However, if the act of “qatl-e-khata” is committed due to reckless لاپرواہی or negligent behaviour, except for reckless or negligent driving, the offender may also face imprisonment of up to five years as ta’zir (discretionary punishment) in addition to paying diyat.
Punishment for Qatl-i-khata U/S 319 By Rash Or Negligent Driving:
If a person commits “qatl-e-khata” through reckless or negligent driving, considering the facts and circumstances of the case, they shall be liable for imprisonment of up to ten years, in addition to paying diyat (compensation for the family of the deceased). The severity of the punishment takes into account the gravity of the offense and the impact of the person’s reckless or negligent driving behaviour.
Word driving in its application u/sec 320 is limited to a person or person on road and not to animals on the road. Injury or death of occupants or passengers of a driven vehicle will not be covered by mischief of sec. 320 P.P.C(1995MILD 1775)
Qatl- Bis- Sabab U/S 321:
“Qatl-bis-Sabab” refers to a situation where if someone unintentionally causes the death of another person by engaging in an unlawful act, without any intention to cause harm or death, it is considered as “qatl-bis-sabab” under the law.
A unlawfully digs a pit in the thoroughfare راستہ, but without any intention to cause death of, or harm to, any person. B while passing from there falls in it and is killed. A has committed qatlbissabab.
Ingredients of Sec 321:
Following are the essential ingredients of sec. 321.
- Causing death of a human being.
- By doing of an unlawful act .
- That unlawful act becomes the cause of the death.
DIFFERENCE BETWEEN QATL-L-KHATA AND QATAL- BIS- SABAB
|As To Mistake
|Qatl-i-khata is committed due to some mistake which is either of fact or act.
|Qatl- bis – sabab is wholly unintentional and with any mistake
|Cause of Death
|In Qatl-i-khata, cause of the death is the direct act of the offender
|In Qatl-bis-sabsb, cause of the death is some another unlawful intervening act
|Punishment of qatl-I –khata is the payment of diyat but if it is committed by any rash of negligent act the offender may. In addition to diyat also be punished with imprisonment.
|Qatl-i-bis-sabab is punishable only with dityat.
|Effect Of Rash Or Negligent
|If Qatl-i-khata is committed by rash or negligent driving the punishment is the payment of Diyt with imprisonment which may extend to ten years.
|Effect of driving is not provided for qatl-bis-sabab.