Under the Pakistan Penal Code, Qatl-e-Amd (intentional murder) is punishable by Qisas (retribution) or Tazir (discretionary punishment by the state). The court may impose the death penalty or life imprisonment as Tazir, or order Qisas, depending on the circumstances and the wishes of the victim's legal heirs, making both options legally applicable under the statute.
1062
If an individual digs a pit in a public thoroughfare without harmful intent, and a passerby dies after falling into it, what is the legal classification of the offense?
Under the Pakistan Penal Code, Qatl-bis-sabab occurs when a person does an act which is not intended to cause death or harm, but which becomes the cause of death. Since the act of digging the pit was unlawful and resulted in death, it falls under the definition of Qatl-bis-sabab, which carries specific legal consequences regarding Diyat.
1063
If a person aims at a deer but misses and accidentally kills a bystander, what is the legal classification of this act?
Under the Pakistan Penal Code, Qatl-i-khata occurs when a person causes the death of another without the intention of causing death or harm, but the act results in death due to a mistake of fact or an accident. Since the shooter intended to hit a deer, the killing of the human is classified as accidental.
1064
What is the legal term for the act of destroying or permanently impairing the function or capacity of a body organ, or causing permanent disfigurement?
Under the Pakistan Penal Code, Itlaf-i-salahiyyat-i-udw refers to the destruction or permanent impairment of the functioning, power, or capacity of an organ of the body, or causing permanent disfigurement. This is distinct from Itlaf-i-udw, which refers to the actual severance or destruction of the organ itself.
1065
Are Arsh and Daman considered independent punishments under the Islamic penal provisions of the Pakistan Penal Code?
In the context of Islamic criminal law incorporated into the Pakistan Penal Code, Arsh and Daman are recognized as independent forms of compensation. Arsh is the compensation specified for causing hurt to specific organs, while Daman is the compensation for causing hurt where no specific Arsh is provided. They function as distinct legal remedies for victims, separate from Tazir punishments imposed by the state.
1066
In which specific types of cases is an accomplice considered incompetent to testify against an accused?
Under Islamic legal principles incorporated into the Pakistani legal framework, the testimony of an accomplice is generally restricted in cases involving Qisas and Hadd punishments. These categories of crimes require specific standards of evidence, and the testimony of an accomplice is often deemed insufficient or inadmissible to establish guilt for these severe offences.
1067
Under Section 337M of the Pakistan Penal Code, what is the classification of hurt that is not liable to qisas?
Section 337M of the Pakistan Penal Code specifically addresses cases of hurt where the punishment of qisas is not applicable. In such instances, the court may impose other forms of punishment such as arsh or daman depending on the nature of the injury and the specific provisions of the law governing the offense.
1068
Under which conditions might an offender convicted of qatl-i-amd under Section 306 avoid liability for qisas?
According to Section 306, an offender guilty of qatl-i-amd may not be liable to qisas if diyat is paid. This provision allows for compensation to the victim's family, making qisas unenforceable. The payment of diyat serves as a legal mechanism to settle the matter between the parties, effectively replacing the retributive punishment of qisas with a financial settlement recognized by the court.
1069
What is the prescribed punishment for 'damiyah' as defined under Section 337-F(i) of the Pakistan Penal Code?
Section 337-F(i) defines 'damiyah' as a type of head injury that causes bleeding but does not result in a fracture. The law mandates a punishment of imprisonment that may extend to three years, in addition to the payment of daman (compensation for injury where arsh is not specified). This ensures that the offender is held both criminally and civilly liable.
1070
Under the Pakistan Penal Code, what is the legal term for causing the death of a person through a lawful act performed without the intention to cause death or harm?
Qatl-bis-sabab refers to a situation where a person causes the death of another by doing an act that is not intended to cause death or harm, but which results in death due to an intervening cause. This is distinct from Qatl-i-amd (intentional murder) and Qatl shibh-i-amd (quasi-intentional murder), as it lacks the element of criminal intent or malice.
