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Q what are different kinds of Qatl and their punishments? When is it liable to (2003) (2002) (1993) (2004/A) (2005/A)
Q Define and fully explain the difference between qatl-i-khata and qatl-dis-sabab. (2003/A) (2002/A) (2002/A) (2001) (2000) (2006/A)
According to Islamic law, there are kind of qutl. Which have been included in P.P.C.
The word “ Qqtl” simply means the unlawful killing of a human being. It is equivalent to culpable homicide culpable homicide either amounts to murder i-e-qatl-l-Amd or dose not amount to murder as defined in section 315, 318, and 321 P.P.C.
Follow are the relevant provisions of P.P.C egarding the concerned topic.
- Relevant Provisions:
Section 302 to 322 P.P.C.
“Qatl means causing death of person.”
- Definition Of Qatl U/Sec. 299(J:
Following are the different kinds of Qatl.
- Kinds Of Qatl:
(II) Qatl shibh-i-Aed
(III) Punishment U/Sec 395
(IV) Qatl- Bis- Sabab
Definition u/sec 300:
Whoever with the intention of causing death or with the intention of causing bodily injury to a person by doing an act which in the ordinary course of nature is likely to cause death or with the knowledge that his act is so imminently dangerous that must in all probability cause death causes the death of such person, is said to commit qatl-i- amd.
B. Ingredients Of Sec. 300:
Following are the ingredients of Sec. 300.
To constitute the offence of Qatl- l-Amd there must be intention to cause death or to cause bodily injury, on the pert 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.
(ii) Doing of Act:
Intention must be accompanied 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 knowledge that death is an extremely contingency.
A’ shoots ‘Z’ with the intention of killing him .’A’ commits the offence of Qatl-i-amd.
(iii)Causing of Death:
To constitute Qatl-i-amd. The act must result in casing of death of another person.
Accused can come within the mischief of this section only if death is direct result of the injury inflicted by the accused. (PLD1976 Sc 377)
C. Determining Factors:
Following factors may be taken into consideration by the court to determine whether the accused in guilty of qatl-i-amd or not.
D. Proof of Qatl-I-AMD:
- Manner of causing the injuries as defined by the prosecution witnesses.
- The nature of the injuries caused.
- The part of the body where they were caused.
- The weapon used by the accused in the commission of the offence.
- The conduct of the accused.
Prosecution has to establish its case against the accused beyond reasonable doubt and every doubt is to be resolved in fa vour of the accused.(2994 SC MR 1614)
E. Punishment u/sec 302:
Whoever commits qatl-I amd shall be punished with:
- Death as qisas.
- Death or imprisonment for life as tazir 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
P.L.D 1994 S.S 274
Sec. 302 of Pakistan penal code therefore, itself contemplates 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. An to what are the cases falling under c1use © of 302, the, law maker has left it to courts to decide on a case to case basis
F. Poof of Qatl-i-Amd Liable to Qisas u/sec 304:
- 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.
Proof of Qatl-i-amd shall be in any of the following foornis.
(ii) 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.
a. 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.”
b. Before Competent Court:
Confession must be made before a court competent to try the offence. Extra judicial confession is excluded form the ambit of proof of Qati-I amd liable to qisas, by sec. 340 P.P.C.
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)
(ii) 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.
(II) Qatl ShIbh-l AMD:
A. Definition u/se 315:
Whoever with intent to cause harm to the body or mind of any person, causes the death of that or of any other perse by means of a weapon or an act which in the ordinary course (nature is not likely to cause death, is said to commit qatl Shibhi –I amd .
‘A’ in order to cause hurt strikes ‘Z’ with a stick c 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 shibh –I amd.
Following are the essential ingredient of see.315.
(i) Causing death of human beings
(ii) Intention was to cause harm to body or mind.
(iii) Death must be caused by means of a weapon or a act.
(iv) Which in ordinary cause of nature is not likely to cause death.
D. Punishment u/sec 316:
Whoever commits qatl - shibh –I 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.
(i) 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.
(III)Qatl –I khata
Whoever without any intention to cause death of or harm to a person cause death of such person either by mistake of act or by mistake of fact.
- Dfinition u/sec 318:
‘A’ aims at a deer hut misses the target and Kill ‘Z’ who is standing by ‘A’ is guilty of Qatl i- Khata.
(i) Causing death of a human being.
- Following are the essential ingredients of sec 318.
(iii) By mistake of fact, or
(iv) By mistake of act.
(i) U/sec 319
Whoever commits qatl-I khata shall be liable diyat and where it was committed by any rash negligent act the offender may in addition to diyat also be punished with imprisonment of either description for a term which may extend to five years as tazir.
(ii) U/sec 320:
Whoever commits qatl –I-khata by rash or negligent driving shall in addition to diyat by punished with imprisonment of either description for a term which may extend to ten years.
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)
Whoever without any intention to cause death of or harm to any person dose any unlawful act which become a case for the death of another person, is said to commit qatl- bis-sabab.
- Definition U/sec 321:
‘A’ unlawfully digs a pit in the thoroughfare, but without any intention to cause the death of or harm to any person. ‘B’ while passing form there falls in it and is killed ‘A’ has committed qatl- bis- sabab.
Following are the essential ingredients of sec. 321.
(i) Causing death of a human being
(iii) By doing of an unlawful act
(iv) That unlawful act becomes the cause of the death
Whoever commits qaly-bis-sabsb shall be liable to diyat.
- Punishment u/sec 322:
(i) As To Mistake:
- Difference Between Qatl-l-khata And Qatal- Bis- Sabab:
Qatl-i-khata is committed due to some mistake which is either of fact or act.
Qatl- bis – sabab is wholly unintentional and whith any mistake.
(II)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 unlaeful intervening act.
(III) Aggravating Punishement:
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
IV)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.
To conclude. I can say, that qatl is the causing of death of another person. It may be intentional unintentional. There are different types of qatl provided under P.P.C. qatl which amounted to murder is called qatl-i-amd while the qalt which dose not amounted to murder is called qatl shibh-amd, qatl-i- khata and Qatal-bis-sadad- Mensrea is an essential ingredient of qatl-I- khata and qatl-i-shilbh-amd while in the remaining two cases mens- rea cannot contemplated.
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