You are on page 1of 10

Motive means move, desire, wish, ill will, hatred, love, emotions, reasons, ego, and

complexes. A motive is proof of intention but is not essential against actus rea. Rule of
transfer of Malice. A crime in which intention was different but result is same it is also a crime.
Where there is no original crime there is not crime at all.

Recklessness and negligence: Nature of guilt, seriousness of actus reus, injury,
percentage of intention, quantum and quality of guilt is considered while deciding the criminal
liability. There is no full intention in negligence. That is less than 100%. A child who is dead by
the negligence of speedy car driving is not guilt of murder because there is no intention to kill
the deceased child. There was no pre-planed incident. But it should be noted that driving at
the speed of 100 kph at Wahdat Road could not be claimed negligence. There was neither
personal clash nor dispute so held he is not guilty of murder but he is responsible of less than
guilty of murder.

Recklessness is extreme type of negligence. Recklessness means over hasty act done.

Types of punishments under Pakistan Penal Code (PPC) inflicted to criminals:

Following are the punishments available under Pakistan Penal Code (PPC) inflicted to

Death: This punishment is inflicted in case of murder, waging war against government,
mutiny, double murder, high jacking, robbery, false evidence in same cases, rape, false claim
of apostasy, abetment in all following cases. Death penalties also abolished in England, most
of European countries, and some states of USA. However, even in these countries, death
penalty is still awarded for the offences of treason, double murder, and murder of member of
royal family. Killing of Prime Minister and President is also a liable to death.

Imprisonment: It means to put wrongdoer in jail or put behind bars to live in till its
completion. It has two kinds as follows:

Rigorous imprisonment: It includes hard labour or working. Accused has to do
carpeting, grinding, handicraft, or digging earth etc.

Simple imprisonment: Accused is put in jail to stay there without doing anything.

Length of imprisonment: Maximum imprisonment in a single case is life imprisonment, i.e.,
14 years and minimum is till the rising of Court, e.g., whenever judge will leave, accused will

and lottery office. theft. Following scale is followed: Solitary confinement of: One month = if term of imprisonment is not more than six months. Fine is awarded in deserter concealed on board merchant vessel. with intervals between the periods of it. It is awarded for theft. It is inflicted as the magnitude of the office is. Three months = if term of imprisonment is more than one year. illegal payment in elections.onward 06 months Whenever fine is paid. amputation of hand and foot. 100/. These are seven in numbers. 02 months Rs. rape. Sometime they are sent to reformatory centers or schools where they get education to become good citizens. Solitary confinement is a mental torture to Rs. apostasy. then imprisonment in default of fine shall not exceed ¼th of the term of imprisonment which is the maximum fixed by law for the offence. false statement for elections. liable. nuisance. To decided simple and rigorous imprisonment is not a discretionary free. but it is matter of law. 51/. These punishments include simple and rigorous imprisonment. 101/. Extreme of a thing is also called a Hadd and it is a fixed punishment in which judge has no desecration to inflict on offenders. abetment in bribery. stoning to death. They are left with their parents upon first offence. Taazir is unfixed and discretionary punishment in Islam. unnatural offences. and alcohol consumption. Whipping in alternative or in some cases additional punishment for certain offences. agent for the benefit of riot. Qisas is compound-able punishment while Hudood are non-compound-able. Following is the scale of imprisonment in case of default: Fine Imprisonment Upto Rs. i. Punishments are inflicted keeping in view of severity of offence. Solitary confinement cannot be awarded in lieu of fine as part of imprisonment. whipping. noxious atmosphere. The purpose for keeping the prisoner in solitary confinement is to isolate him from any kind of discourse or contact with the outside world. imprisonment is abated proportionally. These punishments are described in Quran. Qisas is the infliction of the pain in the . mutiny. murder. Two months = if term of imprisonment is not more than one year. dacoity. wrongful confinement. 04 months Rs.e. imprisonment is finished. Retaliation or Qisas is a punishment.. beheading. Imprisonment in default of payment of fine: If offence is punishable with both imprisonment and fine. It is inflicted in order to provide an opportunity to the prisoner of feeling of loneliness for creating wholesome influence to perform him. adultery. robbery. and dacoity. If it is paid partially. It shall not exceed 14 days at a time with intervals between the period of it and it shall not exceed seven days in any one-month of the whole imprisonment awarded. whatever it is. Detention in reformatories: This is imposed on teenagers or young children. 50/. which is also fixed by Allah. It is other than Hadd. Hadd means a thing which distinguishes the two ones. Forfeiture of property is orders in waging war to government and illegal disposal of property. and fines etc.

in good faith. Timmappa – v – State case says that accused and deceased went in jungle for hunting. They took positions. and with proper care and attention. or who by reason of a mistake of fact and not by reason of a mistake of law. causing injury or death to person is no defence. Held defence being mistake of fact. . An officer of Court arrests B. But shooting of a bird in home. by reason of a mistake of fact. Exemptions (defences) in Pakistan Penal Code (PPC): 1. Held no offence even ghosts are not recognized under any law in the world. S. An unlawful act in lawful manner in suspect is no offence. in good faith believes that he is bound by law to do that thing. without any discrimination. Where there is precautionary measures. 2. State – v – Le-Kandan: Accused gave grievous hurt to victim believing a ghost and proved fatal injury. Person not only be a honest but also due care and attention must be there and applied. keeping in view the opinion of the authorized medical officer as the offender has caused to the victim. 80 is related with accident. Held no reasonable care and attention applied so guilty of murder. in lawful manner. It should includes reasonable believe which does not exist. Diyat or Blood Money means the punishment in the form of compensation to be paid by the accused to the heirs of the victim. Accused shot dead him accidentally and mistakenly. a child killed his father believing his father is going to cut off throat of his mother. In Sukaroo – v – State case. Deceased changed his position without brining into the knowledge of his companion. It aims at to cause similar hurt at the same part of the body of the convict as far as possible. driver may lose its control over driving a car and consequently it may hit to passerby. A lawful act done in pursuance of order of command is not offence. It is complete defence. If a stone is thrown on car. It means punishment by causing similar hurt at 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-e-amd. Man died.same manner and on the same part of the body. held not liable. In a case of State – v – Rose. During horse riding. A policeman set fire on mob by order of his superior in accordance to law is not an offence. committed no offence. which is done by a person who is bound by law to do that thing. The basic principle of qisas is equality or similarity. an operation conducted without lawful authority and cut off the internal piles with ordinary knife. which is done by misfortune and without any criminal intention or knowledge in doing of lawful act. horse became out of control and killed a man. negligence of victim is not defence. by lawful means. Mistake of fact: Nothing is an offence. considering A.

lawful murder and unlawful murder. which is caused by involuntary intoxication or by person of unsound mind or minor. 300: There are five essential ingrediants of Qatal-i-Amd. Justifiable: This sort of killing is provided in general exceptions of Pakistan Penal Code (PPC). Punishment: There are five possible penalties: a) Death as Qisas. and e) Knowledge of dangerous act and can cause death. in doing lawful act. There are two broad categories of murder. If A gives a parcel to B to deliver it to the house of C which actually contains a bomb which A intends to cause criminal damage to C’s house. Qatal or murder defined as causing death or killing a human being by human being. Lawful murder is divided into three kinds as follows: 1. A judge may convict an offender after fair trials and convict is hanged is judicial death. Mere understanding or agreement is enough to constitute the charge of criminal conspiracy. is unintentional and accidental death. Qatal-i-Amd or intentional murder S. It is a death. For example. Both A & B are not guilty of criminal conspiracy unless B knows the actual intention of A that he wants to damage property of C. which is committed by mistake of fact or judicial decision. There are four types of unlawful murders as defined in Qisas and Diyat Ordinance: 1. Self-defence is also covered under exceptions. A has valid driving licence. d) The act in the ordinary course of nature is likely to cause death. 2. Suddenly a passerby comes before him and died.Criminal conspiracy § 120-A – 120-B: It is an agreement of two or more persons to do or cause to be done an illegal act or act which is not illegal but committed by means of illegal. driving a car on road with due care and attention at appropriate speed. by mistake. i. unplanned. that are: a) Causing death of human being.. such a agreement is designated a criminal conspiracy. Excusable: It is a death. c) There must be bodily injury with intention.e. 3. . by lawful manner. Overt act must be done to constitute criminal conspiracy. b) Death should be caused by an act. Further death should be direct result of the injury inflicted to deceased. and by lawful means with due care and attention. Accidental: It is death where act to cause death is unintentional. Needless to prove commission of practical offence. Just arrangement of weapons to facilitate the offender is sufficient.

Where offender dies before the enforcement of Qisas. or how-low-so-ever. Diyat. It includes punishment of imprisonment. compound-ability is granted. In default of payment of Diyat. Compound-ability does not mean that as soon as Diyat is paid. It is left at the discretion of Court according to facts and circumstances of the case. the convict is released or gone away from jail. or act like the act of another. the punishment will be greater. 3. Where right of Qisas is waived off by any Wali. or Daman. If act caused death is done with knowledge that it is likely to cause death but without intention to cause death. It is inapplicable in the cases of minors. and fine. it is recovered from his estate. 2. Qatal Shibe-i-Amd S. 2. the punishment will be lesser. convict is to be kept in jail to suffer from simple imprisonment until the Diyat is paid in full. Where offender is minor. but he is kept behind the bars and compound-ability is just conversion of death penalty by way of Qisas to imprisonment. Qisas means to copy the other or to follow the path followed by other. 2. c) Imprisonment for twenty-five years where Qisas is not applicable. Qisas is not levied on the following four persons: 1. It is infliction of similar injury to the convict. by the offender. or grandchild. or d) Imprisonment as under Ikrah-I-tam. Arsh. Where the right of Qisas devolves on the offender. forfeiture of property. 315: It is also called culpable homicide not amounting to murder. Taazir means punishment prescribed and awarded by the Court other than Qisas. person on bed of death etc. Where the victim is child of offender. older people. and . or e) Ikrah-I-naqis shall be punished in one of the three ways mentioned above. b) Death or life imprisonment as Taazir. If convict dies before payment of Diyat. The essential ingredients are: a) Causing death of a human being. If act caused death is done with intention of causing death or bodily injury as is likely to cause death. It means it is applicable in case of murder only. Where the right of Qisas devolves on the person who has no right of Qisas against the offender. c) By means of weapon or an act. It is not paid in the cases of hurt or injuries. 3. pregnant women. Where any Wali of the victim is direct descendant how-low-so-ever. and 4.. Where offender is insane. whichever suits. Qisas is not applicable: 1. b) There was an intention to cause harm on body or mind. 4. Diyat is a specific compensation payable to legal heirs of the victim and not victim or his heirs.

. b) Unintentionally. in contrast of normal way. Offences of hurt: Hurt is harm caused to human body other than death. c) Death by mistake of fact. and abnormal function of body organ. Any person’s act. I. Impairing. Punishment of culpable homicide not amounting to murder is Diyat. or injury. Pain. Qatal-i-Khata S. It is punishable with Diyat. and d) Death by mistake of act. 2. abnormality. Punishment of this murder is obligatory. 321: Ingredients are as follows: a) Causing death of a human being. Formula for Simple Hurt: B. or imprisonment upto 14 years. c) By an unlawful act. Infirmity. anything which causes or effect the normal functions of any organ of body. Without causing death. and d) Unlawful act causes death. disease. D. The ingredients of hurt are: 1. infirmity. and Disease If touch causing pain. 4. or 4. or dismembering any organ of the body. Sentence of Diyat and imprisonment for five to ten years may be awarded if the act is rash and negligent. b) Causing death of a human being unintentionally. 3. 318: Ingredients of this offence are: a) Causing death of a human being. Qatal-i-Bis-Sabab S. Causing to any body. disabling. or both.: Bodily pain. and inability to perform normal function of organs. harm. 3. abnormality. which causes bodily pain. d) Act is not likely in ordinary course to cause death.

4. resulting in fracture of bone of victim without dislocating it. It means dismember. The word jurh is used for injuries on human body other than injuries on head or face. These offences are punishable with Qisas and where Qisas is not applicable there Arsh and imprisonment is awarded. 8. and decay. where the wound touches the member of the brain. 6. 333: Itlaf means to destroy. These injuries on human body can be divided into two kinds: . Itlaf-I-Salahiyyat-I-Udw S. Shajjah S. Ear’s privation permanently. to victim or his legal heirs. Its amount varies case to case. to ruin. b) Shajjah-I-Mudihah: It is simple hurt by any weapon. 9. Itlaf-I-Udw S. 10. a) Shajjah-I-Khafifah: It means simple hurt by any weapon on head or face without exposing any bone of the victim. causing fracture of the skull of the victim. 4. 7. 5. 335: It means destroy or permanently impairing the functioning power of capacity of any organ of the body of a person or causing permanent of some organ. Jurh S. There are six kinds of Shajjah. especially the sight. so that the wound ruptures the membrane of the brain. on head or face. on head or face. The word udw means limb or organ. Emasculation. d) Shajjah-I-Munaqillah: It is grievous hurt by any weapon. Arsh is compensation payable in case of hurt in contrast of murder. 2. 337 – B: Jurh is derived from the word “Jarooh” which means injury. 11. Different kinds of hurt: There are five types of hurt provided in Ordinance. Reduction in power of any member or joint of the body. 337: It means injuries on head or face. resulting in fracture and dislocation of bone of victim. An injury on account of which any members joint is cut or dislocated. Fracture of any bone. 1. where though bone is exposed but no fracture is caused. causing fracture of the skull of the victim. f) Shajjah-I-Damighah: This is also grievous hurt by any weapon. e) Shajjah-I-Ammah: It is grievous hurt by any weapon. Disfigurement of any face or hand or feet. Tooth or teeth dislocation/extraction. Infirmity of any organ permanently. Cannot peruse daily routine upto 20 days. 3. Eye’s privation permanently. or cut off any limb or organ of the body. Injury on account of which the effected person. especially the hearing. on head or face. amputation.Formula for Grievous Hurt: Eid-e-Fitar: 1. 3. 2. c) Shajjah-I-Hashimah: It is grievous hurt by any weapon.

for men. Ghayr Jaifah Jurh may further be divided into six kinds: i) Damiyah: Damiyah ghayr jaifah jurh means injury with any weapon. b) Hurt because of rash and negligent act other than driving. His Signs. on any part of body. by cutting on incising the flesh without exposing the bone. Make clear to you. concerning wine and gambling. e) Any other kind of hurt which endangers life or which causes the sufferer to remain in sever bodily pain for 20 days or more or render him unable to follow his ordinary pursuit for that much time. a) Jaifah means injury. except head or face. And some profit. resulting in fracture and dislocation of bone. Drinking: Whoever. by lacerating the flesh. 5. except head or face resulting in fracture of a bone without dislocating it. Other kinds of offences including hurt: a) Hurt because of rash and negligent driving. on any part of the body. b) Ghayr Jaifah S. Punishment cannot be executed until or unless it is confirmed by the Court of law. except head or face. Ye may consider. on any part of body. especially if we look at it from a social as well as an individual point of view. . which extends to the body cavity of the trunk. Quran says. vi) Munaqqilah: This jurh means injury with an weapon. shall be guilty of drinking. on any part of the body. and by further analogy to an intoxicating liquor or drug. Kinds of drinking: Drinking may be either drinking liable to hadd or drinking liable to taazir. “What is beyond your needs.” Thus doth Allah. Punishment is Arsh and offender may also be awarded imprisonment as Taazir. but the harm is greater than the benefit. c) Hurt caused by mistake. applied by analogy to all fermented liquor. whether such taking causes intoxication or not. in any part of body except head or face in which skin is reptured and bleeding occurs. in which bone is exposed. which does not amount to jaifah. They are to spend. There may possibly be some benefit in it. “In Them is great sin. But the sin is greater. in order that. 337 – E: It means injury. They ask thee how much. Than the profit”. iv) Mudihah: This type of jurh means injury with any weapon. “They ask thee. d) Hurt by mean of poison. v) Hashimah: It means injury with any weapon. iii) Mutalahimah: It means injury with any weapon. except head or face. Wine or khumar is literally understood to mean fermented juice of grape. takes an intoxicant by any means whatsoever. on any part of the body except head or face. ii) Badiah: It means injury with any weapon. Say. say. Drinking liable to hadd: Whoever being an adult Muslim takes intoxicating liquor by mouth is guilty of drinking liable to hadd and shall be punished with whipping numbering eighty stripes. intentionally and without ikrah or iztirar.

2. subject to the provisions of this Ordinance. makes or any person in tending to harm. Drinking liable to taazir shall be punished with imprisonment for a term which may extend to three years or with whipping not exceeding thirty stripes. or knowing or having reason to believe that such imputation will harm. or by signs or by visible representations. and 2. Drinking liable to Taazir: 1. or with both. 3. Muhsin means a sane and adult Muslim who either has had no sexual intercourse or has had such intercourse only with his or her lawful wedding spouse. At least two Muslim adult male witnesses. except as a part of ceremony prescribed by his religion. having regard to the requirement of tazkiyah al-shuhood. said to commit qazf liable to hadd. to commit Qazf. the reputation. about whom the Court is satisfied. of such person. Proof of qazf liable to hadd: Proof of qazf liable to hadd shall be one of the following forms namely: 1. except in the cases hereinafter excepted. Kinds of Qazf: Qazf may either be qazf liable to hadd or qazf liable to taazir. give evidence of the accused having committed the offence of drinking liable to Hadd. is guilty of drinking at a public place. that they are truthful persons and abstain from major sins (Kabir). 2.Proof of drinking liable to hadd: The proof of drinking liable to hadd shall be in one of the following: 1. Qazf liable to hadd: Whoever. and 2. intentionally and without ambiguity commits qazf of zina liable to hadd against a particular person who is a muhsin and capable of performing sexual intercourse is. Hadd is not enforced in the following cases: 1. but before the execution of hadd. any witness retracts from his testimony so as to reduce the number of witnesses to less than two. Being a non-Muslim citizen of Pakistan. or hurt the feelings. Being a non-Muslim who is not a citizen of Pakistan. Tazkiyah al-shuhood means the mode of enquiry adopted by a Court to satisfy itself as to the credibility of a witness. is said. or 3. is guilty of drinking which is not liable to hadd under Article 8 or for which proof in either of the forms mentioned in Article 9 is not available and the Court is satisfied that the offence stands proved by the evidence on the record. is guilty of drinking. being an adult. The accused makes before the Court of competent jurisdiction a confession of the commission of the offence. and . The accused commits qazf in the presence of Court. Drinking liable to Taazir. When drinking is proved by testimony. The accused makes before a Court of competent jurisdiction a confession of commission of drinking liable to Hadd. When drinking is proved only by the confession of the convict but he retracts his confession before the execution of hadd. Qazf: Whoever by words either spoken or intended to be read. Being a Muslim.

shall be punished with imprisonment of either description for a term which may extend to two years and with whipping not exceeding forty strips and shall also be liable to fine.3. having regard to the requirement of tazkiyah al-shuhood. other than the victim of the qazf. After a person has been convicted for the offence of qazf liable to hadd. his evidence shall not be admissible in any Court. 6 is not available or for which hadd may not be imposed or enforced u/s 9 is said to commit qazf liable to taazir. Qazf liable to taazir: Whoever commits qazf which is not liable to hadd. Punishment shall be executed upon the confirmation of the Court. that they are truthful persons and abstain from major sins (Kabir). Punishment of qazf liable to hadd: 1. give direct evidence of the commission of qazf. about whom the Court is satisfied. 3. Whoever commits qazf liable to hadd shall be punished with whipping numbering eighty strips. Punishment for qazf liable to taazir: Whoever commits qazf liable to taazir. . or for which proof in any of the forms mentioned in S. At least two Muslim adult male witnesses. 2.