Qatl

Introduction:
Qatl means causing death of a person. It is the killing of human being by a human
being. Fundamentally qatl may be divided into two broad categories, qatl may be
lawful or unlawful. Lawful qatl may be futher divided as excusable and justifiable.
Relevant provision:
Section 300 to 322 of Pakistan Penal Code, 1860.
Cross reference:
Qisas and diyat ordinance 1997.
Kinds of unlawful qatl:
There are four major types of unlawful qatls provided and defined in the Qisas
and diyat ordinance 1997.
(i) Qatl-i-amd
(ii) Qatl-i-sibh-i-amd
(iii) Qatl-i-khata
(iv) Qatl-i-bis-sabab
Qatl-i-amd
Under section 300 of P.P.C:
Whoever, with the intention of causing death, or with the intention of causing
bodily injury to a person, by doing an act which is in the ordinary course of
nature is likely to cause death, or with the knowledge that his act is so
imminently dangerous that it must in all probability cause death, causes the
death of such person, is said to commit qatl-i-amd.
Case law:
Jawed malik vs. The State:
Where a cold-blooded murder is committed by accused, fully supported by
ocular and circumstantial evidence as well as medical evidence, case for qatl-i-
amd is proved.
Culpable homicide:
“Culpable homicide” under the provisions of P.P.C would be murder(qatl-i-
amd) if,
Firstly, the act by which the death is caused is done with the intention of
causing death, or
Secondly, if it is done with the intention of causing bodily injury as the
offender knows to be likely to cause death of the person to whom the harm is
caused.
Thirdly, if it is done with the intention of bodily injury to any person and the
bodily injury intended to be inflicted is sufficient in the ordinary course of
nature to cause death.

Causing death of person other than the person whose death was intended:
Under section 301 of P.P.C:
Where a person, by doing anything which he intends, or knows to be likely to
cause death, causes death of any person whose death he neither intends nor
knows himself to be likely to cause, such an act committed by the offender
shall be liable for qatl-i-amd.
Case law
(Muhammad Arif vs. The State)
Where an accused aims at sword blow at another with the intention to kill, but
the blow falls on the head of third person and proves fatal, the accused would
be guilty of offence under section 302.
Punishment of qatl-i-amd
Under section 302 of P.P.C:
Whoever commits qatl-i-amd shall subject to the provisions of this chapter be
(a) Punished with death as qisas
 (b) Punished with death or imprisonment for life as tazir having regard to the
facts and circumstances of the case, if proof 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 according to the injunctions of Islam the
punishment of qisas is not available.
Provided that nothing in clause (c) shall apply where the principle of fasad-
e-arz is attracted and in such cases only clause (a) or clause (b) shall apply.
Case law
(Zahid Rehman vs. state)
Section 302(c) related to the certain situations and circumstances wherein
a murder was committed and according to the injunctions of Islam the
punishment of qisas was not applicable to such situations and
circumstances.
Qatl-i-shibh-i-amd
Under section 315 of P.P.C:
Whoever, with the intent to cause harm to the body or mind of any person,
causes the death of that or of any other person by means of a weapon or an act
which is in the ordinary course of nature is not likely to cause death is said to
commit qatl-i-shibh-i-amd.
Illustration:
A in order to cause hurt strikes Z with a stick or stone which in the ordinary course
of nature is not likely to cause death. Z dies a result of such hurt. A shall be guilty
of qatl-i-shibh-i-amd.
Case law
(PLD 1994 Lah. 442)
Where the deceased in the case had died of the head injury caused by reverse
side of hatchet blow by one accused and sota blow by the other accused, the
accused giving hatchet blow had committed qatl-i-amd and the one giving sota
blow qatl-i-shibh-amd, both the accused could not be said to have shared
common intention as premeditation to commit the offence had not been proved.
Each of the accused persons, therefore, was to be punished for the offence
committed by him.
Punishment of qatl-i-shibh-i-amd
Under section 316 of P.P.C:
Whoever commits qatl-i-shibh-i-amd shall be liable to diyat and may also be
punished with imprisonment of either description for a term which may extend to
twenty-five years as tazir.
Qatl-i-khata under section 318 of P.P.C:
Whoever, without any intention to cause death of, or cause harm to, a person
causes death of such person, either by mistake of act or by mistake of fact, is said
to commit qatl-i-khata.
Illustrations:
(a) A aims at deer but misses the target and kills Z who is standing by A is guilty
of qatl-i-khata.
(b) A shoots at an object to be a boar but it turns out be a human being. A is
guilty of qatl-i-khata.
Punishment for qatl-i-khata
Under section 319 of P.P.C:
Whoever commits qatl-i-khata shall be liable to diyat:
Provided that, where qatl-i-khata is committed by any rash or negligent act, other
than rash or negligent driving, the offender may, in addition to diyat, also be
punished with imprisonment of either description for a term which may extend to
five years as tazir.
Qatl-bis-sabab
Under section 321 of P.P.C:
Whoever without any intention to cause death of, or cause harm to, any person,
does any unlawful act which becomes the cause of death of another person, is
said to commit qatl-bis-sabab.
Illustration:
A unlawfully digs a pit in the thoroughfare, but without any intention to cause
death of, or cause harm to, any person. B while passing from there falls in it and is
killed. A has committed qatl-bis-sabab
Qatl-bis-sabab, condition precedent:
One of the conditions precedent for an offence to fall within the purview of “qatl-
bis-sabab” was that the accused should have the intention to cause any death or
harm to any other person. (Ghulam Mustafa vs. state 2015 PLD 23)
Punishment for qatl-bis-sabab
Under section 322:
Whoever commits qatl-bis-sabab shall be liable to diyat.