ATTEMPT ALL QUESTIONS.

(25 MARKS)

Q1 short note on anyone of the following . (5 marks)

1 Public Nuisance
2 Mens rea
Write
Q2 What is offences relating to religion?
Q3 Define Diyat . how value of Diyat is determined ?
to whom Diyat is disbursed ?

Name Maria Qadeer

Bl-0832
Section C
Semester 6th
Subject criminal law ii
Question No : 01 Write short note on anyone of the following?
(Mens Rea)

Answer :
Introduction:
Men’s Rea
Mens rea means a mental state, in which a person
deliberately violates a law. Thus mens rea means intention to do
the prohibited act. These are known as mental elements in
criminal liability. Therefore an act in order to be a crime must be
committed with a guilty mind., Actus non facit reum nisi mens sit
rea, is a well know principle of natural justice meaning no person
could be punished in a proceeding of criminal nature unless it can
be shown that he had a guilty mind.

There are three states of mind

These are:
1. Intention
2. Recklessness
3. Negligence.

1. Intention
Two types of intentions:
Direct intent (Purpose intent) – It is the typical situation where the
consequences of a person’s actions are desired.
Oblique intent (Foresight intent) – It covers the situation where the
consequence is foreseen by the defendant as virtually certain,
although it is not desired for its own sake, and the defendant goes
ahead with his actions anyway.

Example
An aero plane owner decides to make a fraudulent insurance
claim on one of his planes.
1) He plants a bomb on it knowing that when it explodes, some
passengers will certainly die but he does not mind and wants this
to happen as it will make his claim more realistic. This is direct
intention
2. Recklessness
Recklessness is the taking of an unjustified risk. However, two
different tests have been developed by the courts, the result of
which is that recklessness now has two different legal meanings
which apply to different offences.
Subjective test
The defendant knows that the risk or willing to take it and takes it
deliberately. The question that must be asked is “was the risk in
the defendant’s mind at the time the crime was committed?” This
test was established in:

3. Negligence
Negligence consists of falling below the standard of the ordinary
reasonable person. The test is objective, based on the
hypothetical person and involves the defendant either doing
something the reasonable person would not do, or not doing
something which the reasonable person would do. It does not
matter that the defendant was unaware that something dangerous
might happen, if the “reasonable person” would have realized the
risk, and taken steps to avoid it.

Qestion No 02 what is offences relating to religion?

Answer :
OFFENCES RELATING TO RELIGION
A person who is harming any religion with or without any intention
must be punished for there act because harming any religion is a
crime or any person made any restriction to their worship place is
also a crime.
Like QUAID E AZAM said do not harm any religion they are all
free to pray and also free to go their worship places. It is also a
fundamental right of all person living in a country and also it is an
international law.Constitution of Islamic republic of Pakistan
Article 20: Freedom to profess religion and to manage religious
institutions. Every citizen shall have the right to profess, practice
and propagate his religion.
Every religious denomination and every sect thereof shall have
the right to establish, maintain and manage its religious
institutions.So according to constitution every minor or major
religion of the state must be free by their religion or to go their
worship institution.
PAKISTAN PENAL CODE
295. Injuring or defiling place of worship, with Intent to insult the
religion of any class. Whoever destroys, damages or defiles any
place of worship, or any object held sacred by any class of
persons with the intention of thereby insulting the religion of any
class of persons or with the knowledge that any class of persons
is likely to consider such destruction damage or defilement as an
insult to their religion. shall be punished with imprisonment of
either description for a term which may extend to two years, or
with fine, or with both.295-A. Deliberate and malicious acts
Intended to outrage religious feelings of any class by insulting Its
religion or religious beliefs:

Whoever, with deliberate and malicious intention of outraging the

religious feelings of any class of the citizens of Pakistan, by
words, either spoken or written, or by visible representations
insults the or the religious beliefs of that class, shall be punished
with imprisonment of either description for a term which may
extend to ten years, or with fine, or with both.

295-B. Defiling, etc., of Holy Qur'an :

Whoever wilfully defiles, damages or desecrates a copy of the
Holy Qur'an or of an extract therefrom or uses it in any derogatory
manner or for any unlawful purpose shall be punishable with
imprisonment for life.
295-C. Use of derogatory remarks, etc., in respect of the Holy
Prophet: Whoever by words, either spoken or written, or by visible
representation or by any imputation, innuendo, or insinuation,
directly or indirectly, defiles the sacred name of the Holy Prophet
Muhammad (peace be upon him) shall be punished with death, or
imprisonment for life, and shall also be liable to fine.

296. Disturbing religious assembly :

Whoever voluntarily causes disturbance to any assembly lawfully
engaged in the performance of religious worship, or religious
ceremonies, shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine,
or with both.

297. Trespassing on burial places, etc.:

Whoever, with the intention of wounding the feelings of any
person, or of insulting the religion of any person, or with the
knowledge that the feelings of any person are likely to be
wounded, or that the religion of any person is likely to be insulted
thereby, commits any trespass in any place of worship or on any
place of sculpture, or any place set apart for the performanceof
funeral rites or as a, depository for the remains of the dead, or
offers any indignity to any human corpse or causes disturbance to
any persons assembled for the performance of funeral
ceremonies, shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine,
or with both.
298. Uttering words, etc., with deliberate intent to wound religious
feelings:Whoever, with the deliberate intention of wounding the
religious feelings of any person, utters any word or makes any
sound in the hearing of that person or makes any gesture in the
sight of that person or places any object in the sight of that
person, shall be punished with imprisonment of either description
for a term which may extend to one year or with fine, or with both.

298-A. Use of derogatory remarks, etc., in respect of holy

personages: Whoever by words, either spoken or written, or by
visible representation, or by any imputation, innuendo or
insinuation, directly or indirectly, defiles the sacred name of any
wife (Ummul Mumineen), or members of the family (Ahle-bait), of
the Holy Prophet (peace be upon him), or any of the righteous
Caliphs (Khulafa-e-Rashideen) or companions (Sahaaba) of the
Holy Prophet (peace be upon him) shall be punished with
imprisonment of either description for a term which may extend to
three years, or with fine, or with both.

298-B. Misuse of epithets, descriptions and titles, etc., reserved

for certain holy personages or places:
(1) Any person of the Quadiani group or the Lahori group (who
call themselves 'Ahmadis' or by any other name who by words,
either spoken or written, or by visible representation-
(a) refers to or addresses, any person, other than a Caliph or
companion of the Holy Prophet Muhammad (peace be upon him),
as "Ameer-ul-Mumineen", "KhalifatulMumineen", Khalifa-
tulMuslimeen", "Sahaabi" or "Razi Allah Anho";
(b) refers to, or addresses, any person, other than a wife of the
Holy Prophet Muhammad (peace bi upon him), as "Ummul-
Mumineen";
(c) refers to, or addresses, any person, other than a member of
the family "Ahle-bait" of the Holy Prophet Muhammad (peace be
upon him), as "Ahle-baft"; or
(d) refers to, or names, or calls, his place of worship a
"Masjid";shall be punished with imprisonment of either description
for a term which may extend to three years, and shall also be
liable to fine.

(2) Any person of the Qaudiani group or Lahori group (who call
themselves "Ahmadis" or by any other name) who by words,
either spoken or written, or by visible representation refers to the
mode or form of call to prayers followed by his faith as "Azan", or
recites Azan as used by the Muslims, shall be punished with
imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine.

298-C. Person of Quadiani group, etc., calling himself a Muslim or

preaching orpropagating his faith :
Any person of the Quadiani group or the Lahori group (who call
themselves 'Ahmadis' or by any other name), who directly or
indirectly, poses himself as a Muslim, or calls, or refers to, his
faith as Islam, or preaches or propagates his faith, or invites
others to accept his faith, by words, either spoken or written, or by
visible representations, or in any manner whatsoever outrages the
religious feelings of Muslims shall be punished with imprisonment
of either description for a term which may extend to three years
and shall also be liable to fine.These are the articles which are
discussed for the violation of religious practices and also the
punishments are written on these articles according Pakistan
penal code..

Q3 Define Diyat. how value of Diyat is determined?

to whom Diyat is disbursed?

Diyat
In early pre-Islamic period the Diyat was concept of Arabic
society. Thediyat many was considered as blood mony this blood
mony was a fine such fine was given by the murderer or by his
family in pre-period people use to give their good like gold and
animals but now islam has change the concept of diyat and
decided toh pay diyat in cash.
Definition
Diyat means the blood mony and ransom and the legal meaning
is compensation which is granted to heirs of victum by an
offender.
Diyat under pakistan oena code
Section 299 says, diya means the compensation specifid in
section 323 payake to the heirs to the victum.
The court sall subject to the injection to the islam as described in
quran and sunna and keeping eye on financial position of tha
person and heirs of victum will fix the value of diyat shall not be
Less then the value of thirty thousand six hundred thirty frams of
silver.
1. Quranic injection
The first principal of diyat is the court will decide the actual
ammount for the heirs of victum thisis accordance to the quran.

2. Minimum ammount of diyat

Second principal is the court will decide and will not less than
amount of thirty thousand six hundred and thirty grams of silver.

3. Financial position of victims heirs and offender

Third pricipal is the Court Should keep eye on the both parties
financial position for the ammount of diyat.
4. Enhancement and reduction of diyat amount
Fourth principal is the court can through enhance ammount of
diyat yet it cant reduce such amount according to holy Quran a
sunnah.
‫ِن اَ ۡن ی َّۡق ُت َل م ُۡؤ ِم ًنا ِااَّل َخ َطٔـًٔ`_ا ۚ َو َم ۡن َق َت َل م ُۡؤ ِم ًنا َخ َطٔـًٔ`_ا َف َت ۡح ِر ۡی ُر َر َق َب ٍۃ م ُّۡؤ ِم َن ٍۃ َّو ِد َی ٌۃ‬ ٍ ‫ان لِم ُۡؤم‬ َ ‫َو َما َک‬
ۤ
‫ان م ِۡن َق ۡو ٍم َع ُدوٍّ لَّکُمۡ َو ہ َُو م ُۡؤ ِمنٌ َف َت ۡح ِر ۡی ُر َر َق َب ٍۃ م ُّۡؤ ِم َن ٍۃؕ َو‬ َ ‫ص َّدقُ ۡواؕ َفا ِۡن َک‬ َّ ‫ُّم َسلَّ َم ٌۃ ا ِٰلی اَ ۡہل ِٖۤہ ِااَّل ۤ اَ ۡن َّی‬
ۤ
‫اق َف ِد َی ٌۃ م َُّسلَّ َم ٌۃ ا ِٰلی اَ ۡہل ِٖہ َو َت ۡح ِر ۡی ُر َر َق َب ٍۃ م ُّۡؤ ِم َن ٍۃ ۚ َف َم ۡن لَّمۡ َی ِج ۡد‬
ٌ ‫ان م ِۡن َق ۡو ٍم َب ۡی َنکُمۡ َو َب ۡی َنہُمۡ م ِّۡی َث‬ َ ‫ا ِۡن َک‬
‫ہّٰللا‬ ‫ہّٰللا‬ ۭ
‫ان ُ َعل ِۡیمًا َحک ِۡیمًا‬ َ ‫ َفصِ َیا ُم َش ۡہ َر ۡی ِن ُم َت َت ِاب َع ۡی ِن ۫ َت ۡو َب ًۃ م َِّن ِؕ َو َک‬.
(4 :92-93
It is not lega for a believer to kill aother believer except if it is
happen by a accident.One who kills a believer accidentally must
free a slave and pay diya the the heirs of victim except if they
forgive him if a victm be a Muslim belonging at a people enmity
with you the the freing of a slave is enough but if victm belongs to
a ally ammount of diyat will be given to his heirs and you aso set
a free muslim slave and who have not slave must fast
consecutive months, this is from Quran.
Under the proposed amendment, legal heirs can forgive the
murderer without getting any monetary compensation in the form
of Diyat, “after conviction of the offender under Section 302(a) of
the PPC.

Explanation:
The value of diyat should not be less than the value of thirty
thousand six hundred and thirty grams of silver. The words
payable to the heirs of the victim specify that diyat is payable in
case of Qatl-i-Amd not in cases of hurt. In cases of Qatl-i-Amd,
diyat can be awarded where the offence committed is proved to
be not liable to qisas of where qisas is not enforceable. The
consideration in such cases is badl-e-sulh as laid down in S. 310
P.P.C.