Criminal Law Amendment (Offences in The Name of Honour) Act, 2016 Comparative Statement

Criminal Law Amendment (Offences in the Name of Honour) Act, 2016
Comparative Statement
Existing Provisions As passed by Senate As earlier discussed in Joint Comments
Sitting Committee
(1) (2) (3) (4)
S.299. Definitions.- After Clause (e) of S. 299, It already existed in
(e) “diyat” means the following definition is section 311, its
compensation specified in inserted: placement has been
section 323 payable to the changed to bring in
heirs of the vi ctim. (ee) “fasad-fil-arz” includes the definition clause
the past conduct of the
offender, or whether he has
any previous conviction, or the
brutal or shocking manner in
which the offence has been
committed which is outrageous
to the public conscience, or if
the offender is considered a
potential danger to the
community, or if the offence is
committed in the name or on
the pretext of honour
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Sitting Committee
(1) (2) (3) (4)
S. 302. Punishment of qatl- S. 302. Punishment of qatl-e- An exception has
e-amd.- amd.- been created on the
principle of fasad
Whoever commits qatl-e- In clause (c) of S. 302, the full fil-arz
amd shall, subject to the stop at the end has been
provisions of this Chapter be- substituted with a colon and
— thereafter the proviso has
(a) punished with also been substituted as
death as qisas; below:-
(b) punished with death Provided that nothing in

or imprisonment for clause (c) shall apply where the
life as ta'zir having principle of fasad-fil-arz is
regard to the facts attracted and in such cases only
and circumstances of clause (a) or clause (b) shall
the case, if the proof apply.
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
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Sitting Committee
(1) (2) (3) (4)
according to the
Injunctions of Islam
the punishment
of qisas is not
applicable.
Provided that nothing in
this clause shall apply to
the offence of qatl-e-amd if
committed in the name or on
the pretext of honour and the
same shall fall within the
ambit of clause (a) or clause
(b), as the case may be.
S. 309. Waiver – Afw of Amendment of section In Clause (b), for the full-stop at An exception has
qisas in qatl-e-amd.- 309, Act XLV of 1860.- In the end, a colon shall be been created on the
the Pakistan Penal Code, substituted and thereafter the principle of fasad
(1) In the case of qatl-i- 1860 (XLV of 1860), following proviso shall be fil-arz
amd, an adult sane wali may, hereinafter referred to as added:
at any time and without any the Penal Code, in section
compensation, waive his 309, in sub-section (1), (b) where the right
right of qisas: after the word “qatl-i- of qisas vests in a minor or
amd”, the words “other insane:
Provided that the right than the qatl-i-amd Provided further that where
of qisas shall not be waived- committed in the name or the principle of fasad-fil-arz
on the pretext of honour” is attracted, waiver of qisas
(a) where the shall be inserted. shall be subject to the
Government is the wali ; or provisions of section 311.
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Sitting Committee
(1) (2) (3) (4)
(b) where the right
of qisas vests in a minor or
insane.
S. 310. Compounding of 310. Amendment of S. 310. Compounding of Qisas An exception has

Qisas (Sulh) in qatl-e-amd.- section 310, Act XLV of (Sulh) in qatl-e-amd.- been created on the
1860.- In the Penal Code, principle of fasad
(1) In the case of qatl-i- in section 310, in sub- (1) In the case of qatl-e-amd, an fil-arz
amd, an adult sane wali may, section (1), after the word adult sane wali may, at any
at any time on “qatl-i-amd”, the words time on accepting badal-i-
accepting badal-i- “other than the qatl-i-amd sulh, compound his right
sulh, compound his right committed in the name or of qisas:
of qisas: on the pretext of honour”
shall be inserted. Provided that a female shall not
Provided that a female shall be given in marriage or
not be given in marriage or otherwise in badal-i-sulh:
otherwise in badal-i-sulh.
Provided further that where
the principle of fasad-fil-arz
is attracted, compounding of
the right of qisas shall be
subject to the provisions of
section 311.
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Sitting Committee
(1) (2) (3) (4)
311.- Ta’zir after waiver or 311. Amendment of Substitution of section 311
compounding of right section 311, Act XLV of
of qisas in qatl-i-amd.- “311. Ta’zir after waiver or An exception has
1860.- In the Penal Code, compounding of right been created on the
Notwithstanding anything in section 311,- of qisas in qatl-i-amd.- Where principle of fasad
contained in section 309 or all the wali do not waive or fil-arz and
section 310, where all (i) the Proviso shall be compound the right thereafter, in the
the wali do not waive or omitted; and of qisas, or if the principle proviso, an
compound the right of fasad-fil-arz is attracted, the exception has been
of qisas, or [if] the principle (ii) in the Explanation the court may, having regard to the
3
created for offence
of fasad-fil-arz 3[is attracted] words “or the offence facts and circumstances of the on pretext of honour
the court may, 3* * * having relates to honour crime” case, punish an offender
regard to the facts and cir- and the comma and the against whom the right
cumstances of the case, words “, or if the offence of qisas has been waived or
punish an offender against has been committed in the compounded with death or
whom the right of qisas has name or on the pretext of imprisonment for life or
been waived or compounded honour” shall be omitted. imprisonment of either
with 3[death or description for a term of which
imprisonment for life or] may extend to fourteen years
imprisonment of either as taz’ir :
description for a term of
which may extend to
fourteen years as taz’ir.
Provided that if the Provided that if the

offence has been committed offence has been committed in
in the name or on the pretext the name or on the pretext of
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Sitting Committee
(1) (2) (3) (4)
of honour, the honour, the punishment shall
imprisonment shall not be be imprisonment for life.”
less than ten years.
338E. Waiver or Amendment of section Amendment of section An exception has
compounding of offences.- 338E, Act XLV of 1860.- 338E.- been created on the
In the Penal Code, in principle of fasad
section 338E,- fil-arz
338E. Waiver or
compounding of offences.-
(1) Subject to the provisions in sub-section (1),-
of this Chapter and section
(1) Subject to the provisions of
345 of the Code of Criminal after the words “all
Procedure, 1898 (V of 1898), offences”, the words this Chapter and section 345 of
all offences under this “other than the qatl-i-amd the Code of Criminal
Chapter may be waived or Procedure, 1898 (V of 1898),
compounded and the committed in the name or
all offences under this Chapter
provisions of sections 309 on the pretext of honour” may be waived or compounded
and 310 shall, mutatis shall be inserted; and the provisions of sections
mutandis, apply to the waiver
309, 310 and 311
or compounding of such in the second Proviso
offences: shall, mutatis mutandis, apply
after the words “an to the waiver or compounding
offence” the words “other of such offences:
than the qatl-i-amd
Provided that, where an
Provided that, where an committed in the name or
offence has been waived or
offence has been waived or on the pretext of honour”
compounded, the court may, compounded, the court may, in
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Sitting Committee
(1) (2) (3) (4)
in its discretion having shall be inserted; and its discretion having regard to
regard to the facts and the facts and circumstances of
circumstances of the case, in sub-section (2), in the
the case, acquit or award tazir
acquit or award tazir to the second Proviso for the
words “qatl-i-amd or any to the offender according to the
offender according to the
nature of the offence: other offence” the words nature of the offence:
“offence other than the
qatl-i-amd committed in
Provided further that the name or on the “Provided further that where
where an offence under this pretext of honour” shall an offence under this
Chapter has been committed be substituted. Chapter has been committed
in the name or on the pretext and the principle of fasad-fil-
of honour, such offence may arz is attracted, the court
be waived or compounded having regard to the facts
subject to such conditions as and circumstances of the
the Court may deem fit to case shall punish an offender
impose with the consent of with imprisonment or fine as
the parties having regard to provided for that offence.”
the facts and circumstances
of the case.
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Sitting Committee
(1) (2) (3) (4)
345. Compounding offences.- 6. Amendment of 345. Compounding offences.-
section 345, Act V of
(1) The offences punishable under 1898.- In the Code of (1) The offences punishable under the sections of the Pakistan
the sections of the Pakistan Penal Criminal Procedure, Penal Code (XLV of 1860) 3[specified] in the first two columns of
Code (XLV of 1860) 3[specified] in 1898 (V of 1898), the table next following may be compounded by the persons
hereinafter referred to
the first two columns of the table mentioned in the third column of that table:-
as the Code, in section
next following may be 345,-
compounded by the persons Amendment proposed in column 3
mentioned in the third column of (i) in sub-section (2), in
Offences Sections of Persons by whom offences may be
that table:- the table, against the PPC compoundable
entry relating to Qatl-i- applicable
Existing Table amd,-
Qatl-i-amd 302 by the heirs of the victim, subject to
the provisions of section 311
Offences Sections Persons by (a) in the first column
of PPC whom offences after the words
applicable may be
“Qatl-i-amd” the
compoundable
Qatl-i- 302 By the heirs of words “other than
amd the victim [other the qatl-i-amd
than the accused committed in the
or the convict if name or on the
the offence has pretext of honour”
been committed
by him in the shall be added;
name or on the
pretext of karo (b) in the third column,
kari, siyah kari the commas and the
or similar other words ", other than
customs or
practices.] the accused or the
convict if the
Page | 8
Sitting Committee
(1) (2) (3) (4)
offence has been
committed by him
in the name or on
the pretext of karo
kari, siyah kari or
similar other
customs or
practices" shall be
omitted; and
(ii) in sub-section (2A)

after the words “an
offence” the words
“other than the qatl-i-
amd committed in the
name or on the pretext
of honour” shall be
inserted.
(2) The offences punishable under (2) Subject to sub-section (7), the offences punishable under
the sections of the Pakistan Penal the sections of the Pakistan Penal Code (XLV of 1860) specified
Code (XLV of 1860) specified in the in the first two columns of the table next following may, with the
first two columns of the table next permission of the Court before which any prosecution for such
following may, with the permission offence is pending, be compounded by the persons mentioned in
of the Court before which any the third column of that table:
prosecution for such offence is
pending, be compounded by the
persons mentioned in the third
column of that table:
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Sitting Committee
(1) (2) (3) (4)
Sub-section (7) has been substituted as follows:
(7) No offence shall be
compounded except as provided “(7) No offence shall be waived or compounded save as
by this section. provided by this section and section 311 of the Pakistan
Penal Code.”
Schedule II. TABULAR Schedule II. TABULAR STATEMENT OF OFFENCES.
STATEMENT OF OFFENCES.
Page | 10
Sitting Committee
(1) (2) (3) (4)
The proposed amendments in column 6 are shown in bold italics
1 2 3 4 5 6 7 8
Section. Offence. Whether the Whether a Whether Whether Punishment By what

police may warrant or a bailable compound under the Court
arrest summons shall or not. able or not. Pakistan Penal Triable.
without ordinarily issue in Code.
warrant or the first instance.
not.
311 Qatl-i-amd Shall not Ditto Ditto Compoundable Death or Court of

when arrest without imprisonment Session, or
waived warrant for life or magistrate
compounded imprisonment of first
of either class.
description for
a term of
which may
extend to
fourteen years
as taz’ir, or if
the offence has
been
committed in
the name or on
the pretext of
Page | 11
Sitting Committee
(1) (2) (3) (4)
honour,
imprisonment
for life.
[Death or
imprisonment
for life or
imprisonment
of either
description
upto fourteen
years but shall
not be less than
ten years if the
offence has
been
committed in
the name or in
the pretext of
karo kari , siyah
kari or similar
other customs
or practices]
Page | 12

Criminal Law Amendment (Offences in The Name of Honour) Act, 2016 Comparative Statement

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Criminal Law Amendment (Offences in the Name of Honour) Act, 2016

(b) punished with death Provided that nothing in

(c) punished with

S. 310. Compounding of 310. Amendment of S. 310. Compounding of Qisas An exception has

Provided that if the Provided that if the

(ii) in sub-section (2A)

Section. Offence. Whether the Whether a Whether Whether Punishment By what

311 Qatl-i-amd Shall not Ditto Ditto Compoundable Death or Court of

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