Professional Documents
Culture Documents
Qisas, Diyat, Daman
Qisas, Diyat, Daman
1. INTRODUCTION.
In Pakistan, Pakistan Penal Code 1860 is the major criminal law, which defines substantive offences
and prescribes their representative punishments. Pakistan Penal Code 1860, on the one hand,
describe specific punishment for every offence, and, on other hand, provides almost all types of
punishments like Retributive, Reformative and Preventive punishments. Even Islamic punishments
have also been provided in Pakistan Penal Code 1860. Object of Islamic punishment is reformation of
convicts and not to penalize them in vengeance. (1999 MLD 2450). Section 53 of Pakistan Penal
Code 1860 defines several types of punishments for different offences.
2. RELEVANT PROVISION.
3. DEFINITION OF PUNISHMENT.
“Any fine, penalty or confinement inflicted upon a person by the authority of the law and the
judgment and sentence of a court, for some crime or offence committed by him for his omission of
duty enjoyed by law”.
4. OBJECT OF PUNISHMENT.
The main object of awarding punishments for offences is to create such atmospheres which restrain
people doing such offences. Object of Islamic punishment is reformation of convicts and not to
penalize them in vengeance. (1999 MLD 2450).
(I).Qisas
(II).Diyat
(III).Arsh
(IV).Daman
(V).Tazir
(VI).Death
(X). Fine.
(I). QISAS.
Qisas is the 1st punishment which has been provided in Section 53 of Pakistan Penal Code 1860.
(ii). Definition of Qisas Under Section 299(K) of Pakistan Penal Code 1860.
“Qisas means punishment by causing similar hurt at the same part of the body of the convict as he
has caused to the victim or by causing his death if he has committed Qatl-i-amd in exercise of the
right of the victim or Wali”.
Qisas is right of victim or his/her heirs. However, this right is executed by state.
There are four cases in which qisas are not applicable on the offender.
When the right of qisas devolves on the offender on result of the death of the Wali of the victim.
Where right of qisas devolves on the person who has no right of qisas against the offender e.g. the
son cannot enforce qisas his father.
“The life for the life, and the eye for the eye and nose for the nose and the ear for the ear and tooth
for the tooth and wounds for equal to equal”.
(II). DIYAT.
Diyat is the 2nd punishment, which has been provided in Section 53 of Pakistan Penal Code 1860.
“Diyat means a compensation which is payable to the heirs the victim by the offender as
bloodshed”.
(ii). Definition of Diyat Under Section 299(e) of Pakistan Penal Code 1860.
“Diyat means compensation specified in section 323 payable to the heirs of the Victim”.
In the definition the words “heirs of the victim” have been used and not the words “the victim or his
heirs”. This means that Diyat is a compensation payable only in cases of qatl and not in cases of hurt.
According to Pakistan Penal Code 1860, court fixes amount of Diyat. Such amount should not be less
than the value of 30630 Grams of Silver and should be fixed by keeping in view financial position of
both the offender and victim’s heirs.
Court can award imprisonment in addition to punishment of Diyat. (PLD 1999 Lah. 262). Diyat under
Section 53 of Pakistan Penal Code 1860, is punishment and provisions of Section 299(e) of Pakistan
Penal Code 1860, and Section 323 of Pakistan Penal Code 1860, manifest that amount of diyat is to
be fixed by Court. (PLD 2010 S.C 695).
Offences punishable with imprisonment for a term not exceeding 3 years triable by Executive
Magistrate. ( PLJ 1998 S.C. 27).
(III). ARSH.
Arsh is the 3rd punishment which has been provided in Section 53 of Pakistan Penal Code 1860.
“Arsh means a compensation which is payable by the offender to the victim or his heris”.
(ii). Definition of Arsh Under Section 299(b) of Pakistan Penal Code 1860.
“Arsh means the compensation specified in this Chapter to be paid to the victim of his heirs in this
Chapter”.
(iii). Simple Definition of Arsh.
“Arsh means specified monetary compensation, which is awarded through order of court, and is
given to victim or heirs of victim by an offender”.
According to Pakistan Penal Code 1860, Arsh is enforceable in most of hurt cases.
Under Pakistan Penal Code 1860, value of Arsh is assessed at certain percentage of value of Diyat.
The reality is that such percentage is different for commission of different hurts.
The Arsh will be payable in Lump Sum or in installments spreading over 3 years from the date of
final judgment.
The Arsh shall be payable within the time specified by court and the offender may be kept in jail to
secure simple imprisonment until the Arsh is paid in full. The court may release a convict on bail, if
the furnishes security equal to amount of Arsh to the satisfaction of court for its payment. If the
convict dies before payment of Arsh, it shall be recovered from his estate.
(vi). Confession.
Rule of prudence in criminal cases that the court before convicting an accused person solely on the
basis of his retracted confession must satisfy itself that the confession is voluntary and true and
further look for some other independent piece of direct or circumstantial evidence. ( 1995 PSC 813).
(IV). DAMAN.
Daman is the 4rth punishment, which has been provided in Section 53 of Pakistan Penal Code 1860.
(i).Meaning of Daman.
(ii). Definition of Daman Under Section 299(d) of Pakistan Penal Code 1860.
“Daman means the compensation determined by the court to be paid by the offender to the victim
for causing hurt not liable to Arsh”.
The word Daman is actually Dhman. It is compensation payable by the offender to the victim for
causing hurt not liable to Arsh, as determined by court. Daman is ordered for injuries where
punishment of Arsh is not available.
(b). Loss or disability caused in the functioning or power of any organ; and
(c). The compensation for the anguish suffered by the victim.(Section 337-Y(1)).
In case of non-payment of Daman, it shall be recovered from the convict and until Daman is paid to
full to the extent of his liability, the convict may be kept in jail and dealt within same manner as if
sentenced to simple imprisonment. (Section 337(2)).
The offender may be released on bail if he furnishes security equal to the amount of Daman to the
satisfaction of court.
(V). TAZIR.
Tazir is the 5th punishment, which has been provided in section 53 of Pakistan Penal Code 1860.
(i). Definition of Tazir Under Section 299(l) of Pakistan Penal Code 1860.
Tazir may be inflicted by imposition of fine, scourging, imprisonment etc. It is the punishment which
is left to the discretion of Qadi or Judge.
(VI). DEATH.
Death is the 6th punishment, which has been provided in Section 53 of Pakistan Penal Code 1860.
“Death is that punishment through which sentence to death is awarded against offender”.
Death is a grave punishment, which has been provided under Pakistan Penal Code 1860.
(b). Murder.
(c). Hijacking.
Imprisonment for life is the 7th punishment, which has been provided in Section 53 of Pakistan
Penal Code 1860.
Imprisonment for life is the second highest form of punishment as specified in Pakistan Penal Code.
“Imprisonment for life means confinement of offender for remaining period of natural life of
offender”.
Maximum period, which has been provided in Pakistan Penal Code 1860 for life imprisonment, is 25
years.
Pakistan Penal Code 1860 has mentioned a number of offences against which imprisonment for life
can be awarded.
In Pakistan Penal Code 1860, provision has been provided for commutation of life sentence.
(a). Sedition.
(c). Kidnapping.
(VIII). IMPRISONMENT.
Imprisonment is the 8th punishments, which has been provided in section 53 of Pakistan Penal Code
1860.
Under Pakistan Penal Code 1860, term of imprisonment varies according to offence.
In the case of Rigorous Imprisonment the offender is put to hard labour, such as grinding the cord,
drawing water digging earth, cutting fire woods etc.
In the case of simple imprisonment, the offender is confined in jail and is not put to any kind of
work.
Main difference between rigorous and simple imprisonment is that convict has to do hard labour in
case of rigorous imprisonment.
The maximum period of punishment that can be awarded for an offence is 14 years (section 55).
The shortest term provided for an offence is 24 hours but the minimum is unlimited.
Forfeiture of property has been the 9th punishment, which is provided in section 53 of Pakistan
Penal Code 1860.
“Forfeiture of property means deprivation of property, which a convict suffers due the commission
of some crime”.
(a). Whoever commits or prepare to commit depredation on the territories of any power at peace
with Government shall be liable in addition to other punishments, to forfeiture of any property used,
or intended to be used in depredation or acquired thereby (section 126).
(b). Whoever knowingly receivers property taken as above mentioned or in waging war against any
Asiatic power at peace with court shall be liable to forfeit such property (section 127).
(X). FINE.
Fine is the 10th punishment, which has been provided in section 53 of Pakistan Penal Code 1860.
(ii). Enforcement.
In some cases, fine is enforced as independent penalty, in other cases, it is also along with another
penalties.
(iii).Amount of Fine.
Amount of fine varies with offences however, it has been provided in Pakistan Penal Code that
where no sum is expressed to which a fine may extend, amount of fine, to which offender is liable, is
unlimited but should not be excessive.
Punishment for non-payment of fine has also been in Pakistan Penal Code 1860.
Case Law.
The sentence of fine carried with it the consequences of imprisonment in case the accused fails to
pay the fine.
The punishment of fine may also be given along with other punishment on the commission of any
offence. It is as much a punishment as Diyat, Arsh or Daman. It is the only punishment provided for
in Sections 137, 154, 155, 156, 171G, 171H, 171I, 278, 283, 290 & 294A.
6. CONCLUSION.
The pith and marrow of all the previous discussion there is no iota untruth shows that the main aim
of criminal justice is to punish the wrongdoer. To fulfill this aim section 53 of Pakistan Penal Code
1860 provides various kinds of punishment which are discussed above.