QISAS & DIYAT
ACT1997
DR SAMINA REHMAN
DMJ, MPHIL FORENSIC MEDICINE
DEFINITIONS (SECTION-299)
• “Adult” means a person who has attained the age of
18 years
• “Arsh” means the compensation specified in “Qisas
and Diyat ordinance 1990” to be paid by the offender
to the victim and his heirs
• “Authorized Medical Officer” means a medical
officer or a medical board however designated,
authorized by provincial government.
• “Daman” the compensation determined by the
court to be paid by the offender to the victim for
causing hurt not liable to arsh.
• “Diyat” means the compensation specified in the
section 323 (value of diyat) payable to the heirs of
the victim by the offenders.
• “Government” means the provincial government.
• “Minor” means a person who is not an adult.
• “Qatl” means causing death of a person.
• “Qisas” means equal 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-Amad in exercise of the
right of the victim or a wali i.e life for life and an eye
for eye
• “TA’zir” means punishment other than holy Quran
and Sunnah.
• “Wali” means a person entitled to claim qisas.
LAW RELATING TO DEATH
• Causing Death
• Qatl-E-Amd (sec 300) Whoever with the intention of
causing death or with the intention of causing bodily
injury to a person, by doing an act which 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 that person, is said to commit qatl-e-amd.
• Qatl Shibh-i-Amd (sec 315) Intention to harm only
but death occurs which is unlikely.
• Qatl-i-Khata(sec 318) No intention to cause death or
harm but death occurs by mistake of act or fact.
• Qatl-i-Bis-Sabab(sec 321) No intention to cause
death or harm but death occurs during the course of an
unlawful act.
LAW RELATING TO HURT
• Injury
PPC 44 defines injury as any harm caused illegally
to any person in body, mind, reputation or property.
• Wound
Any break in the body tissues, externally or
internally is called wound. It is medical term & is not
defined in law.
• Hurt (sec 332) Causing of pain, harm, disease, infirmity,
injury or impairing, disabling, dismembering any organ of
body or part there of without causing death.
• Kinds of hurt
• Itlaf-i-udw
• Itlaf-e-salahiyyat-i-udw
• Shajjah
• Jurh
• All kinds of other hurts
CLASSIFICATION ACCORDING TO THE
PART OF THE BODY INVOLVED
• Itlaf-I-Udw(sec333)
• Causing of dismemberment,
amputation, severment of any limb or organ of the
body.
• Itlaf-Salahiyyat-I-Udw (sec 335)
Destroying or
permanently impairing the function or capacity of
an organ of the body or causing permanent
disfigurement.
• Shajjah (sec 337)
Hurt on the head / face which does not
amount to Itlaf-Salahiyyat-I-Udw.
• Types of Shajjah
• 337(a) SHAJJAH-I-KHAFIFAH---Without exposing bone
• 337(b) SHAJJAH-I-MUDIHAH---Exposing bone without
fracture
• 337(c) SHAJJAH-I-HASHIMAH---Fracturing bone
without dislocation
• 337(d) SHAJJAH-I-MUNAQILAH---Fracturing bone
with dislocation
• 337(e) SHAJJAH-I-AMMAH---Fracturing of bone and
wound touches membranes
• 337(f) SHAJJAH-I-DAMIGHAH---Fracturing and
rupturing of membranes
• JURH(sec B)
Hurt on parts of body other than head /
face bearing marks wound temporary or permanent
• Types of Jurh
• JAIFAH
• 337-C---Injury extending to body cavity of the
trunk
• GHAYR- JAFAH
337-e—Jurh not amounting to Jaifh
TYPES OF JURH GHAIR JAIFA
DAMIYAH-sec 337-e (a) Rupturing of skin without
bleeding
BADIAH-sec 337-e (b) Cutting of flesh without
exposing the bone
GHAYR-JAFIAH
• MUTALAHIMAH- sec 337 (C) Lacerating of flesh
• MUDIHAH- sec 337 (d) Exposing of bone
• HASHIMAH- sec 337 (e) Fracturing of bone without displacement
• MUNAQILAH- sec 337 (f) Fracturing of bone with its displacement
MISCELLANEOUS
• Section 337-L1
• Whoever causes hurt, not mentioned before, which
endangers life or which causes the sufferer to remain in
sever bodily pain for twenty days or more or renders
him unable to follow his ordinary pursuits for 20 days or
more.
• Section 337-L2
• Whoever causes hurt, not covered by subsection (1).
CLASSIFICATION ACCORDING TO
MANNER OF INFLICTION
• Hurt by rash/ negligent driving
Section 337-G
• Hurt by rash and negligent act
Section 337-H
• Hurt by mistake (khata)
Section 337-I
HURT BY MEANS OF POISON 337-J
• Causing hurt by administrating or causing to be
taken poison or stupefying, intoxicating or
unwholesome drug, or any other thing with intent
to commit or to facilitate the commission of an
offence.
PAYMENT OF COMPENSATION (DIYAT)
SECTION 323
• The value of Diyat shall (subject to the injunction
of Islam as laid in the Holy Quran and Sunnah and
the financial position of the convict and heir of the
victim) not to be less than Rs 2,93, 739/= being
the value of 30,630 grams of silver.
LAWS RELATING TO CHILD
• Concealment of birth- Section 329:
Secretly burying or
otherwise disposing of dead body of a child whether
such a child dies before, during or after his birth
ISQAT-I-HAMMAL SECTION 338
• Causing a woman with child, where organs have not been
formed to miscarriage without good faith for the purpose
of saving the life of woman or providing necessary
treatment.
• Punishment with consent of woman liable to Ta’zir-
imprisonment upto three years without consent of woman
• Up to ten years/ if woman gets hurt or dies than in
addition punishment of hurt or death to the offender.
ISQAT-I-JENIN- SECTION 338 (B)
• A woman with child , some of whose limbs or organs
have been formed to miscarriage without good faith
for the purpose of saving the life of woman.
• Punishment 1/20th of diyat if born dead
• Full diyat if born alive and dies of the act
• Imprisonment of either description upto seven years
as ta’zir.
THANK YOU
