CHAPTER XVI

OF OFFENCES AFFECTING THE HUMAN BODY

Of Offences Affecting Life
299. Definitions:
In this Chapter, unless otherwise repugnant in subject or context:
(a) "adult" means a person who has attained the age of eighteen years;
(b) "arsh" means the compensation specified in this Chapter to be paid to the victim or
his heirs;
(c) "authorised medical officer" means a medical officer or a Medical board, however
designated, authorised by the Provincial Government;
(d) "daman" means the compensation determined by the Court to be paid by the
offender to the victim for causing hurt not liable to arsh;
(e) "diyat" means the compensation specified in Section 323 payable to the heirs of the
victim;
(f) "Government" means the Provincial Government;
(g) "ikrah-e-tam" means putting any person, his spouse, or any of his blood relations
within the prohibited degree of marriage by causing fear of instant death or instant
permanent impairment of any organ or fear of being subjected to sodomy or zina-bil-jabr;
(h) "ikrah-e-naqis" means any form of duress which does not amount to ikrah-i-tam;
(i) "minor" means a person who is not an adult;
(ii) "offence committed in the name or on the pretext of honour" means an
offence committed in the name or on the pretext of karo kari, siyah kari or similar
customs or practices;
(j) "qatl" means causing the death of a person;
(k) "qisas" means the punishment by inflicting similar hurt at the same part of the body
of the convict as was inflicted on the victim, or by causing his death if the convict has
committed qatl-i-amd, in exercise of the right of the victim or a wali;
(l) "ta'zir" means punishment other than qisas, diyat, arsh, or daman; and
(m) "wali" means a person entitled to claim qisas.
300. Qatl-e-Amd:
Whoever, with the intention of causing death or bodily injury, by doing an act that 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-e-amd.

301. Causing Death of a Person Other Than the 1 Whose Death Was Intended:
Where a person, by doing anything that he intends or knows is likely to cause death,
causes the death of any person whose death he neither intends nor knows is likely to
cause, such an act shall be liable for qatl-i-amd.

302. Punishment of Qatl-i-Amd:

Whoever commits qatl-e-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 ta'zir, having regard to the facts and
circumstances of the case, if the 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 applicable.
Provided that nothing in this clause shall apply to the offence of qatl-i-amd if committed
in the name or on the pretext of honour, and the same shall fall within the ambit of (a)
and (b), as the case may be.

303. Qatl Committed Under Ikrah-i-Tam or Ikrah-i-Naqis:

Whoever commits qatl:
(a) Under ikrah-i-tam shall be punished with imprisonment for a term which may extend
to twenty-five years but not less than 10 years, and the person causing ikrah-i-tam shall
be punished for the kind of qatl committed as a consequence of ikrah-i-tam;
(b) Under ikrah-i-naqis shall be punished for the kind of qatl committed, and the person
causing ikrah-i-naqis shall be punished with imprisonment for a term which may extend
to 10 years.
304. Proof of Qatl-i-Amd Liable to Qisas, etc.:
(1) Proof of qatl-i-amd shall be in any of the following forms:
a) The accused makes a voluntary and true confession of the commission of the
offence before a Court competent to try the offence,; or
b) By the evidence as provided in Article 17 of the Qanun-e-Shahadat, 1984 (P.O.
No. 10 of 1984).
(2) The provisions of sub-section (1) shall, mutatis mutandis, apply to a hurt liable to
qisas.
Section 305: Wali (Legal Heir)
In cases of qatl (murder), the 'wali' shall be:
 The heirs of the victim, as determined by his personal law. However, this shall not
include the accused or convict if the qatl-i-amd (intentional murder) was
committed in the name or on the pretext of honor.
 The Government, if the victim has no heirs.
Section 306: Qatl-e-Amd Not Liable to Qisas
Qatl-i-Amd is not subject to qisas in the following situations:
 If the offender is a minor (under 18 years) or insane.
Note: If a person who is liable to qisas commits the offense alongside someone who is
not liable to qisas, intending to avoid qisas, they will not be exempt from qisas.
 If the offender causes the death of their own child or grandchild, how low so ever.
 when any wali of the victim is a direct descendant, how low-so-ever, of the
offender. (If a man kills his wife, son can’t demand qisas. If a person kills his
grandfather, father can’t demand qisas)
Section 307: Cases Where Qisas for Qatl-i-Amd Shall not Be Enforced
(1) Qisas for qatl-i-amd shall not be enforced in these situations:
a) If the offender dies before qisas can be enforced.
b) If any wali voluntarily and without pressure waives their right to qisas under
Section 309 or agrees to a compromise under Section 310.
 c) If the right to qisas transfers to the offender because the wali has died, or to
someone who cannot claim qisas against the offender.
(2) To ensure that the waiver or compromise is made by the wali, voluntarily and without
pressure, the court will record statements under oath from the wali and others as needed,
and confirm that the decision was made freely.
Illustrations:
1. Person A kills Z, who is the maternal uncle of A's son, B. Z has no other heirs
except A's wife, D. D has the right to qisas from A. If D dies, the right to qisas
would pass to her son B, who cannot claim qisas against his own father. Therefore,
qisas cannot be enforced.
2. Person B kills Z, the brother of her husband, A. Z has no heirs except A. A can
claim qisas from his wife B. However, if A dies, the right to qisas would pass to
his son D, who is also B's son. In this case, qisas cannot be enforced against B.
Section 308: Punishment for Qatl-i-Amd Not Liable to Qisas
1. If someone commits qatl-i-amd but is not liable to qisas under Section 306, or if
qisas cannot be enforced under Section 307(c), he shall be liable to diyat. Provided
that,
o If the offender is a minor or insane, the diyat should be paid from their
property or by someone the court decides.
o If a person commits qatl-i-amd (intentional murder) while being a minor or
insane, but at the time of the crime, they either:
 Had attained sufficient maturity (if a minor), or
 Were in a lucid interval (if insane),
 such that they could comprehend the consequences of their act, they
may be punished with imprisonment up to 25 years as ta’zir
o If qisas cannot be enforced because the right to qisas has passed to the
offender and there are no other heirs, the offender shall be imprisoned for
up to twenty-five years as ta'zir.
2. Regardless of the above, the court may, considering the facts and circumstances of
case, sentence the offender to imprisonment for up to twenty-five years as ta'zir, in
addition to the punishment of diyat.
Section 309: Waiver (Afw) of Qisas in Qatl-i-Amd
 1. In qatl-i-amd cases, an adult and sane wali can waive their right to qisas at any
time without receiving any compensation.
Exceptions: The right to qisas cannot be waived:
o If the Government is the wali.
o If the right to qisas belongs to a minor or insane person.
2. If there are multiple walis, any 1 of them can waive their right to qisas.
Provided that the wali who does not waive the right to qisas is still entitled to their share
of diyat.
3. If there are multiple victims, the waiver of qisas by 1 victim's wali does not affect
the right of qisas of the other victims' walis.
4. If there are multiple offenders, waiving the right of qisas against 1 offender does
not affect the right of qisas against the other offenders.
Section 310: Compounding of Qisas (Sulh) in Qatl-i-Amd
1. In the case of Qatl-i-Amd, an adult and sane wali of the victim can agree to accept
badl-i-sulh and settle the right of qisas.
Provided that, it is prohibited to give a female in marriage or otherwise as part of this
compensation.
2. If the heir is a minor or insane, their wali/guardian can settle the right of qisas on
their behalf.
Provided that, the compensation must be at least equal to the diyat
3. When the government acts as the heir, it can settle the right to retribution.
Condition: the compensation must be at least equal to the diyat
4. If the compensation isn't specified or is something whose value can't be
determined in monetary terms under Shari'ah, it will be assumed that the right of
qisas has been settled, and the offender will be liable to pay the diyat.
5. The agreed compensation can be paid immediately or at a later date, as decided
between the offender and the wali.
Explanation: "Badl-i-sulh" refers to the mutually agreed compensation according to
Shari'ah, which can be in cash, kind, or property.
Section 310A: Punishment for Giving a Female in Marriage or Otherwise in Badal-
i-Sulh, Wanni, or Swara
Anyone who gives a female in marriage or otherwise compels her to enter into marriage,
as badal-i-sulh, wanni or swara or any other custom or practice under any name, in
consideration of settling a civil dispute or a criminal liability, shall be punished with
imprisonment, of either description, for 3 to 7 years and a fine of 5 hundred thousand
rupees.
Section 311: Ta'zir After Waiver or Compounding of Right of Qisas in Qatl-i-Amd
Notwithstanding anything contained in Section 309 or Section 310, where all the wali do
not waive or compound the right of qisas, or if the principle of fasad-fil-arz is applicable,
the Court may punish the offender with death, life imprisonment, or imprisonment up to
fourteen years as ta'zir. Explanation: considering factors like the offender's past behavior,
previous convictions, the brutal nature of the crime, potential danger to the community, or
if the crime was committed in the name of honor.
Provided that, if the crime was committed in the name or pretext of honor, the
imprisonment will be at least 10 years.
Section 312: Qatl-i-Amd After Waiver or Compounding of Qisas
If a wali commits qatl-iamd of the convict after waiving or componding the right of qisas,
such wali shall be punished with-
(a) qisas, if he had himself, waived or compounded the right of qisas against the convict
or had knowledge of such waiver of-composition by another wali, or
(b) diyat, if he had no knowledge of such waiver or composition.
Section 313: Right of Qisas in Qatl-i-Amd
1. If there's only 1 wali, they have the sole right of qisas in qatl-i-amd. If there are
multiple heirs, the right of qisas vests in each of them.
2. If the victim has no wali, the government holds the right to retribution.
3. If the victim's only heirs are minors or insane, their father or paternal grandfather
will exercise the right on their behalf.
Provided that, if no such guardian exists and no court-appointed guardian is present, the
government will exercise the right on their behalf.
Section 314: Execution of Qisas in Qatl-i-Amd
(1) Qisas in Qatl-i-amd shall be executed by a functionary of the Government by
causing death of the convict as the Court may direct.
(2) Qisas shall not be executed until all the wali are present at the time of execution,
either personally or through their representatives authorised by them in writing in this
behalf:
Provided that where a wali or his representative fails to present himself on the date, time
and place of execution of qisas after having been informed of the date, time and place as
certified by the Court, an officer authorised by the Court shall give permission for the
execution of qisas and the Government shall cause execution of qisas in the absence of
such wali.
(3) If the convict is a woman who is pregnant, the Court may, in consultation with an
authorised medical officer, postpone the execution of qisas up to a period of 2 years after
the birth of the child and during this period she may be released on bail on furnishing of
security to the satisfaction of the Court, or, if she is not so released she shall, be dealt
with as if sentenced to simple imprisonment.
315. Qatl Shibh-i-Amd:
Whoever, with the intent to cause harm to the body or mind of any person, causes the
death of that person or another by using a weapon or by an act that is not normally likely
to cause death, is said to commit qatl shibh-i-amd.
Illustration:
If A, intending only to hurt, strikes Z with a stick or stone (which normally would not
cause death) and Z dies as a result, then A is guilty of qatl shibh-i-amd.
316. Punishment for Qatl Shibh-i-Amd:
Anyone who commits qatl shibh-i-amd shall be liable to pay diyat and may also be
punished with imprisonment, of either description, for a term that may extend to twenty-
five years as ta'zir.
317. Person Committing Qatl Debarred from Succession:
If a person who commits qatl-i-amd or qatl shibh-i-amd is an heir or a beneficiary under
a will, that person is debarred from inheriting or succeeding to the victim’s estate as an
heir or beneficiary.
318. Qatl-i-Khata:
Whoever, without any intention to cause death or harm, causes the death of a person due
to a mistake of action or mistake of fact, is said to commit qatl-i-khata.
Illustrations:
(a) A aims at a deer but misses and accidentally kills Z who is standing nearby.
(b) A shoots at what he believes is a boar but it turns out to be a person.
In both cases, A is guilty of qatl-i-khata.
319. Punishment for Qatl-i-Khata:
Whoever commits qatl-i-khata is liable to pay diyat.
Provided that: If qatl-i-khata is committed due to a rash or negligent act (other than rash
or negligent driving), the offender may, in addition to paying diyat, also be punished with
imprisonment (of either description) for a term that may extend to 5 years as ta'zir.
320. Punishment for Qatl-i-Khata by Rash or Negligent Driving:
If qatl-i-khata is committed by rash or negligent driving, then, considering the facts and
circumstances of the case, the offender is liable to pay diyat and be punished with
imprisonment (of either description) for a term that may extend to 10 years.
321. Qatl-bis-Sabab:
Whoever, without any intention to cause death or harm, commits an unlawful act that
becomes a cause for the death of another person, is said to commit qatl-bis-sabab.
Illustration:
If A unlawfully digs a pit on a public thoroughfare, and B, without any harm intended by
A, falls into the pit and dies, then A has committed qatl-bis-sabab.
322. Punishment for Qatl-bis-Sabab:
Whoever commits qatl-bis-sabab shall be liable to diyat.
323. Value of Diyat:
(1) The Court shall, subject to the injunctions of Islam as laid down in the Holy Qur'an
and Sunnah and considering the financial position of both the convict and the heirs of the
victim, fix the value of diyat. This amount shall not be less than the value of thirty
thousand six hundred and thirty grams of silver.
(2) For this purpose, the Federal Government shall, by notification in the official Gazette,
declare the value of silver on the first day of July each year (or on such a date as it may
deem fit). This declared value shall be used during that financial year to determine the
diyat.
324. Attempt to Commit Qatl-i-Amd:
Whoever does any act with such intention or knowledge, and under such circumstances,
that if by that act he caused qatl, he would be guilty of qatl-i-amd, shall be punished with
imprisonment (of either description) for a term that may extend to 10 years (but not less
than 5 years if the offence is committed in the name or on the pretext of honour) and
shall also be liable to fine. If hurt is caused to any person by such an act, the offender
shall, in addition to the imprisonment and fine as aforesaid, be liable to the punishment
provided for the hurt caused.
Provided that: If the punishment for the hurt is qisas which is not executable, the offender
shall be liable to arsh (compensation) and may also be punished with imprisonment (of
either description) for a term that may extend to 7 years.
325. Attempt to Commit Suicide:
Whoever attempts to commit suicide and does any act toward committing such an offence
shall be punished with simple imprisonment for a term that may extend to 1 year, or with
fine, or with both.
326. Thug:
Whoever has been habitually associated with 1 or more persons for the purpose of
committing robbery or child-stealing by means of, or accompanied with, qatl is a thug.
327. Punishment (for Thug):
Whoever is a thug shall be punished with life imprisonment and shall also be liable to
fine.
328. Exposure and Abandonment of a Child Under Twelve Years by a Parent or
Person Having Care of It:
Whoever, being the father or mother of a child under twelve years, or having the care of
such a child, exposes or leaves the child in any place with the intention of wholly
abandoning the child shall be punished with imprisonment (of either description) for a
term that may extend to 7 years, or with fine, or with both.
Explanation: This section is not intended to prevent the trial of the offender for qatl-i-
amd, qatl-i-shibh-i-amd, or qatl-bis-sabab, as applicable, if the child dies as a result of the
exposure.
329. Concealment of Birth by Secret Disposal of a Dead Body:
Whoever, by secretly burying or otherwise disposing of the dead body of a child, whether
the child dies before, during, or after birth, with the intention of concealing or attempting
to conceal the birth, shall be punishable with imprisonment (of either description) for a
term that may extend to 2 years, or with fine, or with both.
330. Disbursement of Diyat:
The diyat shall be distributed among the heirs of the victim according to their respective
shares in the inheritance.
Provided that: If an heir forgoes his share, the diyat shall not be recovered to the extent of
his share.
331. Payment of Diyat:
(1) The diyat may be made payable in a lump sum or in installments spread over a period
of 3 years from the date of the final judgment.
(2) If a convict fails to pay the diyat or any part thereof within the specified period, the
convict may be kept in jail and treated as if sentenced to simple imprisonment until the
diyat is fully paid, or may be released on bail if he furnishes security equivalent to the
diyat amount to the satisfaction of the Court.
(3) If a convict dies before paying the diyat or any part thereof, the unpaid amount shall
be recovered from his estate.
Below is the text rewritten in simpler words and sentence structure while preserving the
original sense, including every point and retaining necessary legal language:
332. Hurt:
1. Whoever causes pain, harm, disease, infirmity, or injury to any person, or impairs,
disables, disfigures, defaces, or dismembers any organ or any part thereof of a
person without causing death, is said to cause hurt.
o Explanation: “Disfigure” means to alter the appearance of a person’s face
or to disfigure or dismember any organ (or a part of it) in a way that
impairs, injures, corrodes, deforms the symmetry, or affects the appearance
of that person.
2. The kinds of hurt include:
a) Itlaf-i-udw
b) Itlaf-i-salahiyyat-i-udw
c) Shajjah
d) Jurh
e) All other kinds of hurt.

333. Itlaf-i-Udw:
Whoever dismembers, amputates, or severs any limb or organ of another person is said to
cause itlaf-i-udw.

334. Punishment for Itlaf-i-Udw:

Whoever, by doing any act with the intention of causing hurt or with the knowledge that
his act is likely to cause hurt, causes itlaf-i-udw of any person shall, in consultation with
an authorised medical officer, be punished with qisas. If qisas is not executable, keeping
in view the principles of equality as laid down by the injunctions of Islam, the offender
shall be liable to pay arsh and may also be punished with imprisonment (of either
description) for a term that may extend to 10 years as ta'zir.

335. Itlaf-i-Salahiyyat-i-Udw:
Whoever destroys or permanently impairs the functioning, power, or capacity of an organ
of another person, or causes permanent disfigurement, is said to cause itlaf-i-salahiyyat-i-
udw.

336. Punishment for Itlaf-i-Salahiyyat-i-Udw:

Whoever, by doing any act with the intention of causing hurt or with the knowledge that
he is likely to cause hurt, causes itlaf-i-salahiyyat-i-udw of any person shall, in
consultation with an authorised medical officer, be punished with qisas. If qisas is not
executable, considering the principles of equality in accordance with the injunctions of
Islam, the offender shall be liable to pay arsh and may also be punished with
imprisonment (of either description) for a term that may extend to 10 years as ta'zir.

336A. Hurt Caused by Corrosive Substance:

Whoever, with the intention or knowledge, causes or attempts to cause hurt by means of a
corrosive substance, which is harmful to the human body when swallowed, inhaled,
comes into contact with, or is otherwise received, is said to cause hurt by a corrosive
substance.
 Explanation: In this subsection, unless the context otherwise requires, “corrosive
substance” means any substance that can destroy, cause hurt, deface, or dismember
any organ of the human body. This includes all kinds of acid, poison, explosive or
explosive substances, heating substances, noxious things, arsenic, or any other
chemical that has a corroding effect and is deleterious to the human body.

336B. Punishment for Hurt by Corrosive Substance:

Whoever causes hurt by a corrosive substance shall be punished with either life
imprisonment or imprisonment (of either description) for a term not less than fourteen
years, along with a minimum fine of 1 million rupees.

337. Shajjah:
1. Whoever causes hurt on the head or face of any person that does not amount to itlaf-i-
udw or itlaf-i-salahiyyat-i-udw is said to cause shajjah.
2. The kinds of shajjah are as follows:
a) Shajjah-i-Khafifah
b) Shajjah-i-Mudihah
c) Shajjah-i-Hashimah
d) Shajjah-i-Munaqqilah
e) Shajjah-i-Ammah
f) Shajjah-i-Damighah
3. Shajjah is classified as:
i. If the injury is caused without exposing any bone of the victim, it is called
shajjah-i-khafifah.
ii. If any bone is exposed without causing a fracture, it is called shajjah-i-mudihah.
iii. If the bone is fractured without dislocating it, it is called shajjah-i-hashimah.
iv. If the bone is fractured and dislocated, it is called shajjah-i-munaqqilah.
v. If the skull is fractured so that the wound touches the brain membrane, it is called
shajjah-i-ammah.
vi. If the skull is fractured and the wound ruptures the brain membrane, it is called
shajjah-i-damighah.

337-A. Punishment of Shajjah:

Whoever, with the intention of causing hurt or knowing that his act is likely to cause hurt,
causes:

(i) Shajjah-i-Khafifah: The offender shall be liable to daman and may also be punished
with imprisonment (of either description) for up to 2 years as ta'zir.

(ii) Shajjah-i-Mudihah: In consultation with an authorised medical officer, the offender

shall be punished with qisas. If qisas is not executable, then, in keeping with the
principles of equality under the injunctions of Islam, the offender shall be liable to pay
arsh equal to 5% of the diyat and may also be punished with imprisonment (of either
description) for up to 5 years as ta'zir.
(iii) Shajjah-i-Hashimah: The offender shall be liable to pay arsh equal to 10% of the
diyat and may also be punished with imprisonment (of either description) for up to 10
years as ta'zir.

(iv) Shajjah-i-Munaqqilah: The offender shall be liable to pay arsh equal to 15% of the
diyat and may also be punished with imprisonment (of either description) for up to 10
years as ta'zir.

(v) Shajjah-i-Ammah: The offender shall be liable to pay arsh equal to 1 -third of the
diyat and may also be punished with imprisonment (of either description) for up to 10
years as ta'zir.

(vi) Shajjah-i-Damighah: The offender shall be liable to pay arsh equal to 1 -half of the
diyat and may also be punished with imprisonment (of either description) for up to
fourteen years as ta'zir.

337-B. Jurh:

(1) Whoever causes hurt on any part of a person’s body (other than the head or face) that
leaves a mark of the wound, whether temporary or permanent, is said to cause jurh.

(2) Jurh is classified into 2 kinds:

(a)Jaifah

(b) Ghayr-jaifah

337-C. Jaifah:

Whoever causes jurh in which the injury extends to the body cavity of the trunk is said to
cause jaifah.

337-D. Punishment for Jaifah:

Whoever, with the intention of causing hurt or knowing that he is likely to cause hurt,
causes jaifah to a person shall be liable to pay arsh equal to 1/3 of the diyat and may also
be punished with imprisonment (of either description) for up to 10 years as ta'zir.
337-E. Ghayr-jaifah:

(1) Whoever causes jurh that does not amount to jaifah is said to cause ghayr-jaifah.

(2) The kinds of ghayr-jaifah are as follows:

(a) Damihah

(b) Badi'ah

(c) Mutalahimah

(d) Mudihah

(e) Hashimah

(f) Munaqqilah

(3) Definitions for each type of ghayr-jaifah:

i. If the injury causes the skin to rupture with bleeding, it is called damihah.
ii. If the injury is caused by cutting or incising the flesh without exposing the bone, it
is called badi'ah.
iii. If the injury is caused by lacerating (tearing) the flesh, it is called mutalahimah.
iv. If the injury exposes the bone, it is called mudihah.
v. If the injury causes a fracture of a bone without dislocating it, it is called
hashimah.
vi. If the injury causes both a fracture and dislocation of the bone, it is called
munaqqilah.

337-F. Punishment of Ghayr-Jaifah:

Whoever, with the intention of causing hurt or knowing that his act is likely to cause hurt,
causes:

i. Damihah: The offender shall be liable to daman and may also be punished with
imprisonment (of either description) for up to 1 year as ta'zir.
ii. Badi'ah: The offender shall be liable to daman and may also be punished with
imprisonment (of either description) for up to 3 years as ta'zir.
iii. Mutalahimah: The offender shall be liable to daman and may also be punished
with imprisonment (of either description) for up to 3 years as ta'zir.
iv. Mudihah: The offender shall be liable to daman and may also be punished with
imprisonment (of either description) for up to 5 years as ta'zir.
v. Hashimah: The offender shall be liable to daman and may also be punished with
imprisonment (of either description) for up to 5 years as ta'zir.
vi. Munaqqilah: The offender shall be liable to daman and may also be punished
with imprisonment (of either description) for up to 7 years as ta'zir.

337-G. Punishment for Hurt by Rash or Negligent Driving:

Whoever causes hurt by rash or negligent driving shall be liable to arsh or daman (as
specified for the kind of hurt caused) and may also be punished with imprisonment (of
either description) for up to 5 years as ta'zir.

337-H. Punishment for Hurt by Rash or Negligent Act:

(1) Whoever causes hurt by a rash or negligent act (other than rash or negligent driving)
shall be liable to pay arsh or daman as specified for the kind of hurt caused and may also
be punished with imprisonment (of either description) for up to 3 years as ta'zir.

(2) Whoever does any act so rashly or negligently that it endangers human life or the
personal safety of others shall be punished with imprisonment (of either description) for
up to 3 months, or with fine, or with both.

337-I. Punishment for Causing Hurt by Mistake (Khata):

Whoever causes hurt by mistake shall be liable to pay arsh or daman as specified for the
kind of hurt caused.

337-J. Causing Hurt by Means of a Poison:

Whoever administers to, or causes any person to take, any poison or any stupefying
(making one unable to think or feel properly), intoxicating, or unwholesome drug, or any
other substance, with the intent to cause hurt, or with the intent to commit or facilitate an
offence, or knowing that it is likely to cause hurt, may, in addition to the punishment of
arsh or daman provided for the kind of hurt caused, be punished (considering the nature
of the hurt) with imprisonment (of either description) for up to 10 years.

337-K. Causing Hurt to Extort Confession, or to Compel Restoration of Property:

Whoever causes hurt with the purpose of extorting, from the sufferer or any person
interested in the sufferer, any confession or information that may lead to the detection of
an offence or misconduct, or with the purpose of compelling the sufferer (or any person
interested in the sufferer) to restore, or cause the restoration of, any property or valuable
security, or to satisfy any claim or demand, or to give information leading to such
restoration, shall, in addition to the punishment of qisas, arsh, or daman (as provided for
the kind of hurt caused), be punished (taking into account the nature of the hurt caused)
with imprisonment (of either description) for up to 10 years as ta'zir.

337-L. Punishment for Other Hurt:

(1) Whoever causes hurt not mentioned above, which endangers life, causes the sufferer
to remain in severe bodily pain for twenty days or more, or renders the sufferer unable to
follow his ordinary pursuits for twenty days or more, shall be liable to pay daman and
also be punished with imprisonment (of either description) which may extend to 7 years.

(2) Whoever causes hurt not covered by sub-section (1) shall be punished with
imprisonment (of either description) which may extend to 2 years, or with daman, or
with both.

337-M. Hurt Not Liable to Qisas:

Hurt is not subject to qisas in the following cases:

(a) When the offender is a minor or insane.

Provided that the offender shall be liable to pay arsh and may also be punished with
ta'zir as determined by the Court, considering the offender’s age, the circumstances, and
the nature of the hurt caused.

(b) When the offender causes hurt at the instance of the victim.
Provided that the offender may be liable to ta'zir for the kind of hurt caused.
(c) When the offender causes itlaf-i-udw (dismemberment) of a physically imperfect
organ of the victim, and the convict does not have a similar physical imperfection in that
organ.

Provided that the offender shall be liable to pay arsh and may also be liable to ta'zir for
the kind of hurt caused.

(d) When the organ of the offender, for which qisas is applicable, is missing.

Provided that the offender shall be liable to pay arsh and may also be liable to ta'zir for
the kind of hurt caused.

Illustrations:
(i) If A amputates the right ear of Z, and Z’s ear was already half missing, but A’s right
ear is perfect, A shall be liable to pay arsh and not subject to qisas.
(ii) In the above example, if Z’s ear is physically perfect but without the power of
hearing, A shall be liable to qisas because the defect is not considered a physical
imperfection.
(iii) If, in illustration (i), Z’s ear is only pierced (a minor defect), A shall be liable to qisas
because this minor defect does not count as physical imperfection.

337-N. Cases in Which Qisas for Hurt Shall Not Be Enforced:

(1) Qisas for hurt will not be enforced in these situations:

(a) When the offender dies before qisas is executed.

(b) when the organ of the offender liable to qisas is lost before the execution of qisas.
Provided that the offender shall be liable to pay arsh and may also be liable to ta'zir for
the kind of hurt caused.

(c) When the victim waives the right to qisas or compounds the offence with badl-i-sulh
(settlement/compensation).

(d) When the right of qisas passes to a person who cannot claim qisas against the
offender. Provided that the offender shall be liable to pay arsh if there is any wali other
than the offender; if there is no wali other than the offender, he shall be liable to ta'zir for
the kind of hurt caused.

(2) Notwithstanding anything else in this Chapter, in all cases of hurt the Court may,
considering the nature of the hurt caused, in addition to ordering payment of arsh, also
award ta'zir to an offender who is a previous convict, habitual, hardened, desperate, or
dangerous criminal or if the offence was committed in the name or on the pretext of
honour.

Provided that the ta'zir shall not be less than 1/3 of the maximum imprisonment provided
for the hurt caused under those circumstances.

337-O. Wali in Case of Hurt:

In cases of hurt, the wali shall be:

(a) The victim himself. Provided that if the victim is a minor or insane, his right to qisas
shall be exercised by his father or paternal grandfather, how high-so-ever.

(b) The heirs of the victim, if the victim dies before qisas is executed.

(c) The Government, in the absence of the victim or the victim's heirs.

337-P. Execution of Qisas for Hurt:

(1) Qisas shall be executed in public by an authorised medical officer who, before
execution, must examine the offender and take due care to ensure that the execution does
not cause the death of the offender or exceed the hurt caused by him to the victim.

(2) The wali must be present at the time of execution. If the wali or his representative is
not present after being informed by the Court of the date, time, and place, an officer
authorised by the Court may give permission to proceed with the execution.

(3) If the convict is a pregnant woman, the Court may, in consultation with an authorised
medical officer, postpone the execution of qisas for up to 2 years after the birth of the
child. During this period, she may be released on bail upon furnishing security to the
satisfaction of the Court, or if she is not released, she shall be treated as if sentenced to
simple imprisonment.

337-Q. Arsh for Single Organs:

The arsh for causing the dismemberment (itlaf) of an organ that exists singly in a human
body shall be equivalent to the value of diyat.
Explanation: The nose and tongue are considered organs that are found singly in the
human body.

337-R. Arsh for organs in pairs:

The arsh for causing itlaf of organs found in a human body in pairs shall be equivalent to
the value of diyat and if itlaf is caused to one of such organs the amount of arsh shall be
1/2 of the diyat:

Provided that, where the victim has only one such organ or his other organ is missing or
has already become incapacitated, the arsh for causing itlaf of the existing or capable
organ shall be equal to the value of diyat.

Explanation: Hands, feet, eyes, lips and breasts are included in the organs which are
found in a human body in pairs.

337-S. Arsh for the organs in quadruplicate:

The arsh for causing itlaf of organs found in a human body in a set of four shall be equal
to-

(a) 1/4 of the diyat, if the itlaf is one of such organs;

(b) 1/2 of the diyat, if the itlaf is of two of such organs;

(c) 3/4 of the diyat, if the itlaf is of 3 such organs; and

(d) full diyat, if the itlaf is of all the four organs.

Explanation: Eyelids are organs which are found in a human body in a set of four.

337-T.Arsh for fingers:

(1) The arsh for causing itlaf of a finger of a hand or foot shall be 1/10 of the diyat.

(2) The arsh for causing itlaf of a joint of a finger shall be 1/13 of the diyat:

Provided that where the itlaf is of a joint of a thumb, the arsh shall be 1/20 of the diyat.

337-U. Arsh for teeth:

(1) The arsh for causing itlaf of a tooth, other than a milk tooth, shall be 1/20 of the
diyat.

Explanation: The impairment of the portion of a tooth outside the gum amounts to
causing itlaf of a tooth.

(2) The arsh for causing itlaf of twenty or more teeth shall be equal to the value of
diyat.

(3) Where the itlaf is of a milk tooth, the accused shall be liable to daman and may,
also be punished with imprisonment of either description for a term which may extend to
1 year:

Provided that, where itlaf of a milk tooth impedes the growth of a new tooth, the accused
shall be liable to arsh specified in sub-section (1).

337-V. Arsh for hair:

(1) Whoever uproots:-

(a) all the hair of the head, beard, moustaches eyebrow, eyelashes or any other part of
the body shall be liable to arsh equal to diyat and may also be punished with
imprisonment of either description for a term which may extend to 3 years as ta'zir;

(b) one eyebrow shall be liable to arsh equal to 1/2 of the diyat; and

(c) one eyelash, shall be liable to arsh equal to 1/4 of the diyat.

(2) Where the hair of any part of the body of the victim are forcibly removed by any
process not covered under sub section (1), the accused shall be liable to daman and
imprisonment of either description which may extend to 1 year.

337-W. Merger of arsh:

(1) Where the offender cause more than 1 hurt, he shall be liable to arsh specified for
each hurt separately:

Provided that, where:

(a) hurt is caused to an organ, the accused shall be liable to arsh for causing hurt to
such organ and not for arsh for causing hurt to any part of such organ; and
(b) the wounds join together and form a single wound, the accused shall be liable to
arsh for 1 wound.

Illustrations

(i) A amputates Z's fingers of the right hand and then at the same time amputates that
hand from the joint of his writs. There is separate arsh for hand and for fingers. A shall,
however, be liable to arsh specified for hand only.

(ii) A twice stabs Z on his thigh. Both the wounds are so close to each other that they
form into 1 wound. A shall be liable to arsh for 1 wound only.

(2) Where, after causing hurt to a person, the offender causes death of such person by
committing qatl liable to diyat, arsh shall merge into such diyat.

Provided that the death is caused before the healing of the wound caused by such hurt.

337-X. Payment of Arsh:

1. The arsh may be paid in a lump sum or in installments over a period of 3 years
from the date of the final judgment.
2. If the convict fails to pay the arsh or any part of it within that period, he may be
kept in jail and treated as if sentenced to simple imprisonment until the arsh is
paid in full, or he may be released on bail if he furnishes security equal to the
amount of arsh to the satisfaction of the Court.
3. If the convict dies before paying the arsh or any part thereof, the unpaid amount
shall be recovered from his estate.
337-Y. Value of Daman:
1. The Court shall determine the value of daman by taking into account:
(a) The expenses incurred for the victim’s treatment;
(b) The loss or disability caused in the functioning or power of any organ; and
(c) The compensation for the anguish suffered by the victim.
2. If daman is not paid, it shall be recovered from the convict. Until the full amount
is paid, the convict may be kept in jail and treated as if sentenced to simple
imprisonment, or may be released on bail if he furnishes security equal to the
amount of daman to the satisfaction of the Court.
337-Z. Disbursement of Arsh or Daman:
The arsh or daman shall be paid to the victim, or if the victim dies, to his heirs according
to their respective shares in the inheritance.
Abdul Haque v. State
Abdul Haque was convicted for murder under Section 302(b) of the PPC and sentenced
to imprisonment for life by the trial court. The Quetta High Court, however, enhanced his
sentence to death.
Brief facts are that the deceased was charged with the murder of Abdul Haque’s father. As
the deceased entered the courtroom, in front of witnesses, he insulted the accused, saying
that he would commit Zina with Abdul Haque’s wife and other wives in his tribe. On
hearing this, Abdul Haque drew a pistol and shot him dead.
On appeal, the Supreme Court reduced Abdul Haque’s sentence to imprisonment for life
due sudden provocation. The Court took into account that if the murder was
premeditated, the accused had ample better opportunities in which to kill the deceased,
but instead only reacted when provoked. The court cited with approval the principle that
if the Court finds a ‘reasonable possibility’ that the accused’s defence is true then the
accused “would be entitled to benefit of doubt not as a matter of grace but as a right
because prosecution has not proved its case beyond reasonable doubt.”1
Furthermore, it was considered that the accused is Pathan, and as such is culturally very
sensitive to derogatory comments to women, and is expected to react quickly to such
provocations. In the specific circumstances, the court found that grave and sudden
provocation should be found as a mitigating circumstance, despite it not being available
as a plea under the law. Thus, the Court dismissed the enhancement of sentence and
convicted the accused to life imprisonment, under PPC section 302(b).
Wazeer v. The State
Faqira v. State
"Intention" means that a person actively directs his mind and actions toward achieving a
specific result; his mental faculties are engaged to bring about a certain event. In contrast,
"knowledge" means that a person is merely aware of certain facts without actively trying
to produce a result—his mind is conscious but inactive regarding those facts. Whether a
person has "intention" is a factual question.
Abdul Zahir v. State
In the context of Qatl-i-amd under Sections 302 and 300 of the PPC, for an offender to be
punished under clauses (a) and (b) of Section 302, the prosecution must prove the
"intention" as defined in the first and second parts of Section 300. However, for
punishment under clause (c) of Section 302, it is enough to prove the "knowledge" as
defined in the third part of Section 300, without needing to establish the active "intention"
from parts one and two. In cases where Qatl-i-amd is not punishable as Qisas or Tazir, the
offender will be punished under clause (c) of Section 302
Habib Ul Wahab Ul Khairi. Advocate v. Prof. Dr. Saad Rana
Summary of Facts:
 The petitioner filed a private complaint against Professor Dr. Saad Rana and Dr.
Ghulam Safdar, alleging that they negligently performed an operation on Mst.
Kiran Fayyaz, a 38-year-old woman who was healthy and wished to have more
children.
 The complaint stated that the respondents did not take necessary precautions,
performed the operation on a holiday when emergency medicines and equipment
were not available, and proceeded with full knowledge that their act was extremely
dangerous, leading to her death.
 Initially, the complaint charged the doctors with “Qatl-i-Khata” (unintentional
killing), but later the complainant changed the charge to “Qatl-i-Amd” (intentional
murder) by arguing that the respondents had the required knowledge that their act
was imminently dangerous.
Issues of Law:
 Classification of the Offence: Whether the accused should be tried under Section
302 of the PPC (for Qatl-i-Amd) rather than under Section 319, based on the full
definition in Section 300.
 Intention vs. Knowledge: The distinction between “intention” and “knowledge”
under Section 300. “Intention” means actively aiming to cause a certain result,
while “knowledge” refers to being aware that one’s act is so dangerous that it is
likely to cause death, even without a specific aim to kill.
Rationale Behind the Decision and Principle Upheld:
 The court emphasized that for punishing an offender under Section 302 (Qatl-i-
Amd), the prosecution must prove either the active “intention” to cause death (for
parts (a) and (b) of the definition) or the “knowledge” that the act was imminently
dangerous (for part (c)).
 The trial court had only considered the element of “intention” and did not properly
take into account the “knowledge” element.
  It was held that a proper assessment must consider both elements. If the accused
are summoned under a lesser offence, they cannot later be convicted of a higher
offence.
 The decision upholds the principle that, in the interest of justice, the nature of the
offence must be carefully determined at the time of summoning the accused for
trial.
Outcome:
 The Lahore High Court accepted the revision petition and set aside the order dated
15-8-1996, which had summoned the accused under Section 319 of the PPC.
 The case was remanded to the Sessions Judge with instructions to pass a fresh
order considering the full definition of Qatl-i-Amd under Section 300 (including
both “intention” and “knowledge”) and the preliminary evidence on record.
Haji Gulu Khan v. Gul Draz.
In cancellation of bail matters the Supreme Court does not ordinarily disturb the tentative
opinion expressed by High Court on the merits of the case.
Any benefit from the delay in filing the FIR may be considered along with other factors
when deciding bail. However, a delay alone is never enough to grant bail in a capital
punishment case. Also, it is a settled legal principle that the court may only make a
preliminary assessment for bail, before recording any evidence, so as not to prejudice
either party at trial.
Syed Tajammal Hussain v. Nasar Mehdi
Thigh injury by firearm; death not its direct result. Death caused by gangrene due to
cutting of the blood vessel of thigh and possibly due to negligent treatment. Held, it is not
correct that the case can fall under section 299, PPC only when the death is the direct
result of the injury inflicted.
Abdul Majid v. The State
An attempt to commit a crime consists of the following elements:
(i) The intent to commit the crime.
(ii) Performance of some act towards the commission of the crime.
(iii) Failure to consummate its commission on account of the circumstances beyond the
control of the offender.
Ali Zaman v. The State
Counter FIR lodged by accused 1 hours after complainant's FIR may be used against
accused, not as substantive piece of evidence, but may be put to the accused when
examined u/S. 342, Cr.P.C. Ali Zaman
The initial report made by the accused as complainant in the case was held admissible
against him as his admission.
The Court noted that the discrepancies in later witness testimony, which appeared to
favor the accused’s claim of self-defense, could not override the reliable initial evidence.
Ultimately, considering that both parties engaged in stone-throwing and violence, and that
the use of a firearm was a disproportionate response, the Court concluded that if a death
had occurred, it would have been a case of culpable homicide not amounting to murder

Naveed Nawazish Malik v. Ghulam Rasool Bhatti

It is held in this case that to disobey or disregard an order, direction or process of Court
which a person is legally bound to obey, willful breach of any undertaking given to a
Court, any act intended to or which tends to bring the authority of the Court or the
administration of law into disrespect or disrepute and to obstruct, interfere, interrupt or
prejudice the process of law or the due course of any judicial proceeding fall within the
category of contempt of Court.
Aziz Ahmad v. The State
Summary of Facts:
 The petitioner, Aziz Ahmad, a Head Constable in Rahim Yar Khan, was involved
in an incident on 15th September 1969 at the Police Lines.
 After a general parade, while other officers were present, DS P noticed that the
petitioner was holding the loaded rifle of FC Yar Mohammad, who had been sent
to fetch tea.
 Instead of depositing the weapon as ordered, the petitioner aimed the rifle at DS P
and fired, injuring A.S.I. Mumtaz Ali Mazari.
 As FC Yar Mohammad rushed to snatch the rifle and put his hand on the muzzle,
the petitioner fired a second shot which pierced Yar Mohammad’s palm.
 A scuffle followed during which the petitioner was disrobed and his weapon, along
with a bandolier of bullets, was taken from him.
Issues of Law:
  Whether the evidence supports the petitioner’s conviction under Sections 307 and
333 of the PPC.
 The admissibility and weight of the petitioner’s own initial report (which admitted
that he fired four shots) and the fact that his weapon was recovered by the police.
 Whether the conflicting evidence regarding who fired the revolver—specifically,
the differing accounts of eyewitnesses—affects the determination of guilt.
 The availability of the plea of self-defense, given that the accused himself did not
specifically plead it.
Rationale Behind the Decision and Principle Upheld:
 The Court held that the initial report by the petitioner, in which he admitted to
firing four shots, is a reliable piece of evidence.
 The recovery of the loaded rifle from the petitioner further confirmed that he was
the one who fired the shots.
 Although some witnesses later altered their statements, the Court found that the
consistent initial evidence should prevail.
 The Court emphasized that if two interpretations of the incident are possible, the
one favorable to the accused must be adopted; however, in this case, the evidence
clearly pointed to the petitioner’s culpability.
 It was also held that the plea of self-defense cannot be accepted unless it is
supported by clear, unequivocal evidence, which was absent here.
Outcome:
 The Supreme Court dismissed the petition for special leave to appeal.
 The conviction and sentence imposed under Sections 307 and 333 of the PPC were
upheld.
Gul Nawaz alias Gul Mowaz Vs. The State
The High Court was in our view also right in holding that repeated applications for bail
on the same facts did not lie in the High Court
The learned counsel for the petitioners argued that the case was one under Section 308 of
the PPC and thus bailable; however, the Court held that it was not for the High Court at
this stage to decide whether the offence was under Section 308 or Section 307.
Shihab Din v. The State
Injuries not a test of guilt. The rule "confirming" conviction of such accused who are
injured is "too frequently applied to the detriment of justice". Injuries are not a final test
of the guilt.
The Court noted that the High Court did not consider key questions. In cases like this, the
full details of the incident must be closely examined to determine each person's criminal
liability. Although the two injured witnesses are brothers of the injured person, mere
kinship does not make their testimony unreliable if their presence is clearly proven (as
shown by the injuries on Khamisa and Allah Ditta) and if the number of accused is
reasonable given the incident. Such witnesses deserve to be believed against a mere claim
of false implication by the accused. Furthermore, it is unjust to only convict those who
were injured; even capable fighters can escape without injury in a fair fight. In this case,
multiple lathi blow-marks on Khamisa and Allah Ditta, not consistently attributed to
others, support the belief that Nabi Bakhsh and Muhammad Bakhsh were responsible for
the injuries, even though the uninjured accused have escaped conviction.
Knife from dub. Knife taken out of dub by an accused at spur of moment. Death caused
by knife injuries an individual act. The companions may not be knowing that the other
man carried a knife. Therefore, section 34, PPC is not applicable.