303. Qatl committed under ikrahitam or ikrahinaqis. Whoever commits qatl,––
(a) under ikrahitam shall be punished with imprisonment for a term which may extend to twentyfive years but shall not be less than ten years and the person causing ikrahitam shall be punished for the kind of qatl committed as a consequence of his ikrahitam; or
(b) under 'ikrahinaqis‘ shall be punished for the kind of qatl committed by him and the person causing 'ikrahinaqis‘ shall be punished with imprisonment for a term which may extend to ten years.
304. Proof of qatliamd liable to qisas, etc. following forms, namely :
(1) Proof of qatleamd shall be in any of the
(a) the accused makes before a court competent to try the offence a voluntary and true confession of the commission of the offence; or
(b) by the evidence as provided in Article 17 of the QanuneShahadat, 1984 (P.O. No. 10 of 1984).
(2) The provisions of subsection (1) shall, mutatis mutandis, apply to a hurt liable to qisas.
1Added, Ins. by Act XLIII of 2016, s.3.
Page 104 of 178
305. Wali. In case of a qatl, the wali shall be
(a) the heirs of the victim, according to his personal law 1[but shall not include the accused or the convict in case of qatliamd if committed in the name or on the pretext of honour]; and
(b) the Government, if there is no heir.
306. Qatliamd not liable to qisas. Qatliamd shall not be liable to qisas in the following cases, namely:
(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 lowsoever; and
(c) when any wali of the victim is a direct descendant, how lowsoever, of the offender.
307. Cases in which Qisas for qatleamd shall not be enforced. not be enforced in the following cases, namely:
(a) when the offender dies before the enforcement of qisas ;
(1) Qisas for qatliamd shall
(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.
Illustrations
(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.
Page 105 of 178
(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.
0 Comments