Qatl committed under ikrah-i-tam and ikrah-i-naqis

Introduction:
Pakistan Penal Code has described various offences, which affect human body.
With these offences, some circumstances in which such offences can be
committed have also been explained. Among these circumstances, ikrah-i-tam
and ikrah-i-naqis are prominent, because the most heinous offence which is
murder can be committed under these two circumstances.
Definition of ikrah:
Ikrah is the use of physical compulsion by unlawful threat or coercion. It is
subjecting a person to improper pressure which overcomes his will and coerces
him to comply with demand to which he would not yield if acting as free agent.
Definition of ikrah-i-tam
Under section 299 (g):
“Ikrah-i-tam” means putting any person, his spouse or any of his blood
relations within the prohibited degree of marriage in fear of instant death or
instant permanent impairing of any organ of the body or instant fear of being
subjected to sodomy or zina-bil-jabar.
Punishment of ikrah-i-tam
Under section 303:
Under ikrah-i-tam shall eb punished with imprisonment for a term which may
extend to twenty-five years but shall not be less than ten years.
Causing of ikrah-i-tam:
and the person causing ikrah-i-tam shall be punished for the kind of qatl
committed as a consequence of his ikrah-i-tam.
Definition of ikrah-i-naqis
Under section 299 (h):
Ikrah-i-naqis means any form of duress which does not amount to ikrah-i-tam.
Punishment of ikrah-i-naqis
 Under section 303(b):
under ikrah-i-naqis shall be punished for the kind of qatl committed.
Causing of ikrah-i-naqis:
And the person causing ikrah-i-naqis shall be punished with imprisonment for
a term which may extend to ten years.
Case law
(The state vs. Hamid Ali alias Ahmad Ali)
Accused killing deceased when he was put in fear of being subjected to
sodomy. Accused at the time of occurrence not more than 14/15 years of age
and being not an adult, qatl-i-amd committed by him not lianle to qisas under
section section 306(a), P.P.C. defence plea of accused that he caused injury to
deceased and injured prosecution witnessed as he was under fear of being
subjected to sodomy having been accepted, case would fall under section 100,
clause fourthly, entitling accused benefit of right of self defence.

Conclusion

To conclude, it can be stated that both ikrah -e-tam and ikrah-e-naqis are legally
different terms. However, both are those circumstances, which cause commission
of offence; in cases of ikrah-e-tam, it is fear, which causes commission of offence,
and it is duress, which causes commission of offence in cases of ikrah -e-naqis.