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Sections 299 To 325

The document provides a detailed overview of various sections of the Penal Code related to murder and compensation, including definitions of key terms such as Qatl-i-Amd (intentional murder), Diyat (compensation), and various forms of coercion. It outlines the legal implications of different types of killings, the rights of victims' heirs (wali), and the conditions under which punishments such as qisas (retaliation) or diyat are applied. Additionally, it highlights the legal framework surrounding forgiveness, settlement, and the consequences of actions that lead to death or injury.

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0% found this document useful (0 votes)
220 views9 pages

Sections 299 To 325

The document provides a detailed overview of various sections of the Penal Code related to murder and compensation, including definitions of key terms such as Qatl-i-Amd (intentional murder), Diyat (compensation), and various forms of coercion. It outlines the legal implications of different types of killings, the rights of victims' heirs (wali), and the conditions under which punishments such as qisas (retaliation) or diyat are applied. Additionally, it highlights the legal framework surrounding forgiveness, settlement, and the consequences of actions that lead to death or injury.

Uploaded by

narmeenasif2004
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© © All Rights Reserved
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SECTION-WISE SIMPLIFIED EXPLANATION WITH EXAMPLES

Section 299 – Definitions

This section explains legal terms used in the following sections.

Adult: A person who is 18 years or older.

Diyat: Compensation (money) paid by the offender to the family of the person who was killed.

Example: If Ali accidentally kills Ahmad, the court may order Ali to pay diyat to Ahmad's family.

Arsh: Fixed amount of money for injuries (e.g., loss of eye, finger) as defined by law.

Example: Breaking someone’s nose may result in a fixed compensation amount.

Daman: Compensation decided by the court for injuries not covered by arsh.

Example: If someone suffers permanent skin burns not covered under arsh, the judge may decide a
suitable daman.

Ikrah-e-Tam: Complete force or coercion that leaves no choice.

Example: Someone threatens to kill your entire family if you don't kill a person—this is complete
coercion.

Ikrah-e-Naqis: Partial coercion where a person still has a choice.

Example: Someone threatens to harm you, but you can still choose not to obey.

Fasad-fil-arz: Acts that create fear or danger in society, like terrorism or brutal murder.

Example: A person publicly kills another in a busy market to scare people.

Section 300 – Qatl-i-Amd (Intentional Murder)

When someone intentionally kills another with full knowledge.

Example: A shoots B with a gun to take revenge—this is qatl-i-amd.

Section 301 – Killing by Mistake of Person

If you intend to kill one person but kill someone else by mistake, it is still intentional murder.

Example: A aims to kill X but mistakenly kills Y instead. Still treated as murder.

Section 302 – Punishment for Qatl-i-Amd

Punishments may include:

Qisas (death penalty by victim’s family)

Diyat (monetary compensation)


25 years as Tazir

Imprisonment

Example: The court may give death penalty or ask to pay diyat depending on whether victim's family
forgives or not.

Section 303 – Murder Under Coercion

If someone kills because they were forced under serious threat, the law may treat it differently.

Example: A kills B after being held at gunpoint by C—court will consider coercion.

Section 304 – Proof of Murder

Describes how to prove that murder occurred intentionally, and how qisas or other punishments may
apply.

Section 305 – Wali (Legal Heir of Victim)

The person (usually a family member) who has the right to forgive, demand qisas, or take diyat.

Example: Victim’s son or father is considered ‘wali’ and may forgive the killer.

Section 306 – Qatl not Liable to Qisas

Certain murders are not punishable with qisas, e.g., if the killer is a minor or the wali forgives.

Section 307 – When Qisas Is Not Enforced

Lists situations where even if qatl-i-amd occurred, qisas can’t be enforced, such as when there is no
wali.

Section 308 – Punishment if Qisas Not Applied

If qisas is not applied, the court can give ta’zir (imprisonment up to 25 years).

Section 309 – Afw (Pardon or Forgiveness)

Wali can forgive the offender voluntarily.

Example: Victim's parents forgive the killer in court. Qisas is waived.

Section 310 – Sulh (Settlement)

Wali and offender settle the matter (usually in exchange for money).

Example: A family agrees to forgive after accepting diyat.

Section 310A – Giving Girl as Swara/Wanni (Illegal)

It is a crime to settle disputes by giving a girl in marriage (Swara/Wanni).

Example: Giving a girl to the victim’s family to settle a murder case is punishable.
Section 311 – Ta’zir After Waiver

Even after forgiveness, the court can give punishment if the act caused public fear (fasad-fil-arz).

Section 312 – Murder After Waiver

Even after being forgiven once, if the person kills again, they may face full punishment.

Section 313 – Right of Qisas

Only certain people (wali) have the legal right to ask for qisas.

Section 314 – Execution of Qisas

Describes how qisas will be carried out, e.g., method of execution.

Section 315 – Qatl Shibh-i-Amd (Quasi-Intentional Killing)

When someone did not intend to kill but used force that caused death.

Example: A hits B with a big stick intending only to hurt, but B dies.

Section 316 – Punishment for Qatl Shibh-i-Amd

Diyat

Up to 14 years in prison

Section 318 – Qatl-i-Khata (Unintentional Killing)

Causing death by mistake or accident.

Example: A shoots in air during wedding and accidentally kills someone.

Section 319 – Punishment for Qatl-i-Khata

Punishable with diyat only.

Section 320 – Rash Driving Causing Death

If someone drives carelessly and kills a person, it's considered qatl-i-khata.

Example: A runs red light and hits a pedestrian causing death.

Section 321 – Qatl-bis-Sabab (Indirect Killing)

If your actions indirectly cause death, you are still responsible.

Example: A digs a hole on the road without warning sign, and someone falls and dies.

Section 322 – Punishment for Qatl-bis-Sabab

Punishable with diyat only.


Section 323 – Value of Diyat

Value is based on 30,630 grams of silver. Government updates the rate.

Section 324 – Attempt to Commit Murder

Trying to kill someone but they survive.

Example: A stabs B but B survives—this is attempt to murder.

Punishment: Up to 10 years to life imprisonment, fine or both.

Section 325 – Attempt to Commit Suicide

This section has been omitted, meaning it is no longer punishable under PPC.

Term Meaning Example


Qatl-i-Amd Intentional murder A shoots B to kill him
Qatl Shibh-i-
Semi-intentional killing A hits B with iron rod to scare, but B dies
Amd
A drops heavy object by mistake and it kills
Qatl-i-Khata Unintentional killing
someone
Qatl-bis-Sabab Indirect killing A leaves live wire open; someone touches and dies
Diyat Blood money Court orders Rs. X paid to victim’s family
Killer may be executed if victim's family demands
Qisas Equal retaliation
it
Arsh Fixed compensation for injury Rs. X for loss of eye or finger
Judge-determined
Daman For pain, disability, or loss not covered in Arsh
compensation
Afw Forgiveness by family (wali) Victim’s mother pardons the killer
Sulh Compromise or settlement Victim’s heirs accept money and forgive
1. Which section of the PPC defines Qatl-i-Amd (intentional murder)?
A) Section 299
B) Section 300
C) Section 302
D) Section 315

Explanation: Section 302 prescribes the punishment for Qatl-i-Amd defined in Section 300.

2. What is "Qisas"?
A) Blood money
B) Equal retaliation (eye for eye)
C) Pardon by heirs
D) Imprisonment for life

Explanation: Qisas is the Islamic principle of retribution — death for death, injury for injury.

3. Diyat is compensation equal to:


A) 1 kilogram of gold
B) Market value of the victim’s property
C) 30,630 grams of silver
D) Government-determined random value

Explanation: The PPC ties Diyat to 30,630 grams of silver, updated by the government.

4. Who can forgive the offender in a Qatl-i-Amd case?


A) The court
B) The wali (legal heir of victim)
C) The police
D) Parliament

Explanation: Under Section 309, only the wali can grant forgiveness (Afw).

5. Qatl-i-Khata refers to:


A) Unintentional killing
B) Intentional killing
C) Attempt to murder
D) Quasi-intentional murder

Explanation: Section 318 defines Qatl-i-Khata as killing by mistake or accident.

6. Which section deals with punishment for attempt to murder?


A) Section 302
B) Section 324
C) Section 299
D) Section 303

Explanation: Attempt to murder is punishable under Section 324.

7. Arsh is:
A) A type of imprisonment
B) Court’s discretion in murder cases
C) Fixed compensation for specific injuries
D) Death sentence
Explanation: Arsh is a predefined amount for injury, as per Islamic law.

8. Section 299 provides definitions for terms used in:


A) Sections 300 to 338
B) Only for murder offences
C) Court procedures
D) Police investigation only

Explanation: Section 299 is a definition clause used for the entire chapter on bodily offences.

9. Which of the following is not a valid punishment for Qatl-i-Amd?


A) Qisas
B) Diyat
C) Imprisonment
D) Whipping

Explanation: Whipping is not a listed punishment for intentional murder under Section 302.

10. Qatl-bis-Sabab means:


A) Indirect causation of death
B) Intentional killing
C) Forced suicide
D) Killing under partial coercion

Explanation: Section 321 defines it as causing death indirectly due to one’s actions.

11. Who determines the value of Daman?


A) Mufti
B) The court
C) Police
D) Arbitrator

Explanation: Daman is discretionary compensation determined by the court.

12. Which section was omitted and no longer penalizes suicide attempts?
A) Section 320
B) Section 318
C) Section 309
D) Section 325

Explanation: Section 325 is now omitted.

13. A person who causes death by reckless driving commits:


A) Qatl-i-Amd
B) Qatl-i-Khata
C) Qatl Shibh-i-Amd
D) Qatl-bis-Sabab

Explanation: Negligence like rash driving falls under Qatl-i-Khata.

14. Which section discusses ‘fasad-fil-arz’?


A) 299
B) 311
C) 307
D) 323

Explanation: Section 311 allows the court to impose ta’zir even after forgiveness if public peace is
disturbed.

15. Giving a girl in marriage (Swara) to settle murder is criminalized in:


A) Section 302
B) Section 310A
C) Section 299
D) Section 321

Explanation: Section 310A prohibits such unlawful settlements.

16. The legal heir of the victim is called:


A) Accused
B) Complainant
C) Wali
D) Plaintiff

Explanation: The Wali has the right to pardon or demand qisas.

17. Qatl Shibh-i-Amd means:


A) Killing without intention to kill but using dangerous means
B) Premeditated murder
C) Accidental death
D) Suicide

Explanation: Defined in Section 315 as quasi-intentional murder.

18. Which punishment is applicable when qisas is not enforceable?


A) Diyat only
B) Ta’zir punishment by court
C) Fine only
D) No punishment

Explanation: Court may still impose ta’zir under Section 308 or 311.

19. Section 306 lists:


A) Conditions for imposing fine
B) Cases where qisas cannot be enforced
C) Witness protection rights
D) Procedure for FIR

Explanation: Section 306 outlines when qisas is inapplicable.

20. Forgiveness under Afw is dealt with in:


A) Section 309
B) Section 303
C) Section 299
D) Section 314

Explanation: Afw means pardon by wali without compensation.


21. Sulh means:
A) Forced settlement
B) Compromise between parties (with or without compensation)
C) Pardon without agreement
D) Complaint registration

Explanation: Section 310 governs sulh (mutual compromise).

22. Attempt to murder carries maximum sentence of:


A) 7 years
B) 10 years
C) Life imprisonment
D) 5 years

Explanation: Section 324 allows up to life imprisonment depending on injury.

23. Who enforces qisas?


A) State upon wali’s request
B) Private detectives
C) Police on its own
D) Religious scholars

Explanation: Qisas is enforced only when wali demands it and court allows.

24. Death due to act of digging a trap without warning is:


A) Qatl-i-Amd
B) Qatl-i-Khata
C) Attempt to murder
D) Qatl-bis-Sabab

Explanation: Indirect causation—Section 321 applies.

25. Section 323 deals with:


A) Value of diyat
B) Court procedure
C) Witness examination
D) FIR registration

Explanation: Government notifies diyat value based on silver weight.

26. Arsh is applicable to:


A) Property cases
B) Injuries with fixed compensation like eye, nose, ear loss
C) Mental agony
D) Financial loss

Explanation: Arsh is defined in Islamic law and applied in bodily injury cases.

27. Section 314 discusses:


A) Attempted robbery
B) Reconciliation
C) Manner of executing qisas
D) Fines
Explanation: Section 314 governs how qisas is carried out.

28. Who may compound the offence under Sulh?


A) Court
B) Police
C) Heirs of victim
D) Local government

Explanation: Sulh is a compromise by heirs.

29. A child under 18 is not liable for qisas because he is not:


A) Sane
B) An adult
C) Legally accountable
D) A citizen

Explanation: Section 299(a) defines adult as 18+, hence child not liable under qisas.

30. Which act can be punished even if forgiven due to fasad-fil-arz?


A) Brutal or public murder causing social unrest
B) Petty theft
C) Traffic violation
D) Defamation

Explanation: Court can impose ta’zir despite forgiveness in cases of public disorder.

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