Bahria University, Islamabad Campus

Department of Law

Midterm Examination Fall 2020

Class LLB 6 A

Paper Type: Subjective

Course: Criminal Law II LLB 324 Date: 13.12.2020

Course Code: LLB 324 Time: Session-II

Teacher Name: Raja Muhmmad Shafqat Abbasi Max Marks: 15
Time Allowed: 1 hour 30 minutes

Total Pages:________________

INSTRUCTIONS:

i. All questions are compulsory.

ii. There are total 02 questions.
iii. Submitted solutions will be scrutinized/verified. if Plagiarism found F
grand will be marked
iv. Font style should be Times New Roman with font size 12 moreover text
should be justified and aligned.

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 Q 1. Discuss the relevancy and scope of tazkiyah ul shaood in the matter of Qisas

and Tazir. What kind of cases which come under 302(c) and differentiate it with

302 (a) and 302(b)? What is the procedure and guidelines for waiver, compounding

of Qisas and compromise in matter of Qisas and Tazir? Whether Tazir can be

imposed even after Waiver of Qisas? (8)

ANS:1

Procedure with regard to process of Tazkiya-al-Shahood :-

 There must be evidence of victim followed by at least 2 witnesses.

 In case of discrepancies on vital aspects between two witnesses both shall be rejected.

 Tazkiya Al-Shahood is a condition precedent to impose the sentence of Hadd.

 There should be one or more Muzakki a person who testifies about the truthfulness of the

witnesses.

 The Muzakki should be present when the witness gives evidence.

 The Muzakki should also be questioned about antecedents, character and dealings.

 It is the responsibility of the court to satisfy itself about the credibility of a witness and it

can for that matter select open or secret modes of inquiry or both.

 The court may frame a questionnaire on which the “Muzakki” should collect information

to supply to the court.

Cases which come under 302(c)

 Cases falling within the ambit of section 306punishable under section 308

 Cases neither falling in clause (a) or clause (b) of section 302

 Cases involving family honour

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  Cases involves right of self defence.

 Cases involving right of self defence.

 Cases involving grave and sudden provocation.

 Occurrence committed without any preplanning or premeditation.

Difference between 302A,302B and 302C

In 302A court has power to punish with death in qisas and in 302B court can punish the offender

with tazir and in 302C court can not apply the qisas but can give offender punishment which may

extend to twenty five years

Procedure for waiver in the matter of qisas and tazir:

Section 309 provides for waiving of right of Qisas by a Wali without compensation. In case a

victim has more than one Wali (heir) any one of them may waive his right of Qisas, the Qisas

becomes Saqit (not to be enforced) and the heirs who have not waived their right of Qisas are

entitled to receive their share of Diyat. Section 310 provides that in case of Qatl-e-Amd a Wall

may compound his right of Qisas by accepting Badal-e-Sulah, which may be any amount

mutually agreed upon but it will not be less than the value/amount of Diyat.

Tazir Is imposed after waiver of qisas:

Tazir can be awarded after accepting compromise. Yes it can be awarded even after the waiver

of Qisas if the Government is included in the case and there are chances of Fasad fil Arz.

Q 2. Zahid and Aijaz have committed murder of Bukar by the gun fire. Bukar left

behind Jameel( Father), Zahida ( Mother), two Sons namely (Anwar &

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 Shahzad).Zahid has been sentenced to death as Qisas while accused Aijaz has been

Sentenced to death under Tazir. Bukar Father and Mother namely (Jameel and

Zahida) have waived the Qisas and compromise with the both accused. While sons

of the deceased namely (Anwar and Shahzad) have not compounded the offence

committed by accused persons.What will be the effect on the sentence of the

accused person. Explain the relevant law on the Subject. (7)

ANS: 2

According to S.309.

1. In the case of Qatl-i-Amd, an adult sane Wali may, any time and without any

compensation waives this rig of Qisas:

Provided that the right of Qisas shall not be waived:

(a) Where the Government is the Wail or

(b) Where the right of Qisas vests in minor or insane,

(c) Where a victim has more than one WaIi, anyone of them may waive his right of Qisas:

2. Where a victim has more than one Wali anyone of the may waive this right of Qisas:

Provided that the Wali who does not waive the right of Qisas shall be entitled to his share

of Diyat:

3. Where there are more than one offenders, the waiver of the right of Qisas by the Wali of

one victim shall not affect the right of Qisas of the Wali of the other victim.

4. Where there are more than one offenders, the waiver of the right of Qisas against one

offender shall not affect the right of Qisas against the other offender.

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Compounding of Qisas (Sulh) in QatI-i-Amd:

According to S. 310 of P.P.C.

1. In the case of Qatl-i-Amd an adult sane Wali may at any time on accepting Badl-i-Sulh;

compound his right of Qisas.

Provided that giving a Female in marriage shall not be a valid

2. Where Wali is a minor or an insane the Wall of such minor or insane Wall may compound

the right of Qisas on behalf of such minor or insane Wail.

Provided that the value of Badl-i-Sulh shall not be less than the value of Diyat.

3. Where the Badl-i-Sulh is not determined or is a property or a right of value of which

cannot be determined in terms of money under Shariah the right of Qisas shall be deemed to

have been compounded and the offender shall be liable to Diyat.

Badl-i-Sulh may be paid or given on demand or on a deferred date as may be agreed upon

“between the offender and the Wail.

Explanation:

In this section, Badl-i-Sulh means the mutually agreed compensation according to Shariah to be

paid or given by the offender to a Wali in cash or in kind or in the form of movable or

immovable property (Section 310).

Effect on the sentence:

 According to the section 307 (b) of PPC tells that Qisas in Qatl-i-Amd shall not

be enforced if any of the wali of the victim voluntarily and without duress to the

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 satisfaction of court, waives the right of qisas under section 309 or compounds

under section 310.

 According to section 311 of PPC; if all the wali do not waive the right of Qisas or

do not compound the right of Qisas then the convict will be punished with Taziri

punishment of the either description for a term which may extend to fourteen

years.

 In the above situation since Aijaz was given punishment by way of tazir his

punishment won’t be affected or lessened as legal heirs cannot exercised any

right to compound or waiver against tazir. The right to waiver can only be

exercised against qisas and even in that if the court thinks that the offender is a

habitual offender or is threat to society, court can used its discretionary powers

and punish him by way of tazir. So if the court still thinks of Zahid as a threat to

overall society, court is still empowered to convict the accused and punish him by

way of tazir, same comes within the ambit when all the walis don’t waive their

right of qisas off.