Q what are different kinds of Qatl and their punishments? When is it liable to Qisas (2003) (2002) (1993) (2004/A) (2005/A)
Introduction:
Qatl is a murder, the killing of a human being by another human being. It is equivalent to culpable homicide culpable homicide either amounts to murder i-e-qatl-i-Amd or dose not amount to murder as defined in section 315, 318, and 321 P.P.C.
Qatl can be divided into two major categories, Lawful Qatl and Unlawful Qatl. Lawful Qatl can further be classified into three types.
Accidental Qatl Justifiable Qatl Excusable Qatl
In the Pakistan Penal code kinds of Qatl were added through Qisas and Diyat ordinance. Relevant Provisions of Law:
Qatl-e-amd Sec.300 to 314 and 324 Qatl shibh-i-amd Sec 315 to 317 Qatl-e-Khata Sec 318 to 320 Qatl bis-sabab Sec 321 323 Cross References:
Article 9 of Constitution of Pakistan
Sec 164, 364 and 365 onwards of the code of criminal Procedure, 1898 High Court Rules ,Vol III Chap 13
Article 17 Qanun-e-Shahdat Order,1984
Definition of Qatl U/Sec. 299 (J) “Qatl means
1. Causing a death 2. Of a person 3. By another person. Kinds of Qatl:
There are four major kinds of unlawful Qatl provided and defined in the Qisas and Diyat ordinance, (I) Qatl-l-Amd (A Willful murder)
(II) Qatl shibh-i-Amd (Homicide resembling murder) (III) Qatl-i-Khata (Homicide by Mistake)
Qatl-i-Amd: u/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 must in all probability cause death causes the death of such person, is said to commit qatl-i- amd.”
Essentials of Qatl-i-Amd u/s 300
To constitute the offence of Qatl-i-amd, the following essentials must be present there: 1. Intention
2. Doing of an act
3. Knowledge of consequences 4. Causes death.
1-Intention:
Intention is the most important element for the offence of Qatl-i-amd. Person guilty of the must have intention of cause death or intention to cause bodily injury to a person. AS a basic 2-Doing of an Act:
Doing an act which is dangerous to other person is very important. Only intention is not sufficient without any act. In Qatl-i-amd, death of another person must be a result of a premeditated act of accused which can cause death.
For example:
A’ shoots ‘Z’ with the intention of killing him .’A’ commits the offence of Qatl-i-amd. 3-Knowledge of consequences:
Knowledge of consequences for the accused is also relevant to some extent. A person can be guilty of aforementioned offence if he does an act with the knowledge that his act is so imminently dangerous that it must in all probability cause death and by such act he causes death of a person. 4-Causes Death:
A person is guilty of the offence of Qatl-i-amd and if he causes death of a person by doing an act. If death does not cause as a result of dangerous act of accused which he does with full intention to cause death or bodily injury, then Qatl-i-amd cannot be imposed.
Established Principle
Two principles were laid down in Syed Tajammal Hussain vs. Nasar Mehdi and another, in order to prove a person guilty of Qatl-i-amd
1. Accused can come within the mischief of this section only if death is direct result of the injury inflicted by the accused
Determining Factors:
Following factors may be taken into consideration by the court to determine whether the accused in guilty of qatl-i-amd or not.
1. Manner of causing the injuries as defined by the prosecution witnesses 2. The nature of the injuries caused.
3. The part of the body where they were caused
4. The weapon used by the accused in the commission of the offence. 5. The conduct of the accused
Proof of Qatl-I-AMD:
Prosecution has to establish its case against the accused beyond reasonable doubt and every doubt is to be resolved in favor of the accused.(2994 SC MR 1614)
E. Punishment u/sec 302:
Whoever commits qatl-I amd shall be punished with: 1. Death as Qisas.
2. Death or imprisonment for life as Tazir
3. Imprisonment for twenty five years where Qisas in not applicable. Qisas
Qisas means “ to copy the other” or “ to follow the path followed by the other” or “ to act like the act of another” The basic principle of Qisas is smilarity. If similarity of injury is not possible, qisas may not be enforce.
Right of Qisas u/s 313
It was held in Safdar Ali v.s State, the right of Qisas means the right of causing death of the convict if he has committed Qatl-i-amd. The right of Qisas rests with the Wali of the victom and wali means a person entitled to claim qisas. Where there is no wali of victim, the government shall have the right of Qisas. Poof of Qatl-i-Amd Liable to Qisas u/sec 304:
Proof of Qatl-i-amd shall be in any of the following foornis. (i) Confession
(ii) Evidence provided by article 17 Q.S.O, 1984.
Confession:
Accused must makes before a court competent to try the offence a voluntary and true confession of the commission of the offence.
CASE LAW Naryanswami vs emperor (air 1939):
“A” confession is a statement made by an accused which must either admit in terms the offence or at any rate substantially all fact which constitute the offence.”
b. Before Competent Court:
Confession must be made before a court competent to try the offence. Extra judicial confession is excluded form the ambit of proof of Qati-I amd liable to qisas, by sec. 340 P.P.C.
c. True and Voluntarily:
The test of admissibility of confession its voluntariness, the question as to whether a confession was voluntary being a question of fact, had to be determine keeping in view the facts and circumstances of each case are hard and fast rule of general application could be laid down (2003PCRLJ1212)
(ii) Evidence Provided in Article 17 of Q.SO 1984)
Qatl-i-amd liable to Qisas may be proved by the evidence as provided in Article 17 of Q.S.O,1984.
Execution of Qisas in Qatl-i-amd u/s 314
1. Qisas shall be executed by the functionary of the Govt.
2. Qisas shall be executed only in the presence of the wali of the victim
3. Where wali is not avaibale, qisas shall be executed in the presence of his duly authorized person 4. If the wali or his representative is not present even after being informed of the date, time, and
place, an officer authorized by the court shall give permisson for execution of qisas.
5. If the convict is a pregnant woman, the court may postpone qisas upto two years after the birth o the child.
When Qisas is not applicable on the offender u/s 307
Thre are three cases in which Qisas in not applicable on the offender, namely: 1. Where the offender dies before the enforcement of Qisas
2. Where right of qisas is waived by any wali
3. Where the right of qisas devloves on the person who has no right of Qisas against offender. Muhammad Ishaq Vs. The State, 1992 ( PLD Pehsawar 187)
Held: The Hight Court held that the question of waiver or compounding arise only after the accused Is proved guitly.
Qatl-i-Amd not liable to Qisas u/s 306:
Qisas cannot be levied on the following four types of person; 1. Where the offender is minor
2. Where the offender is insane
3. Where the victim is offender’s child, granchild how low so ever
(II) Qatl ShIbh-l AMD: u/se 315: Definition
“Whoever with intent to cause harm to the body or mind of any person, causes the death of that or of any other perse by means of a weapon or an act which in the ordinary course (nature is not likely to cause death, is said to commit qatl Shibhi –I amd .”
For example
‘A’ in order to cause hurt strikes ‘Z’ with a stick c stone which in the ordinary course of nature is not likely to cause death. ‘Z’ dies as a result of such hurt. ‘A’ shall be guilty of qatl shibh –I amd.
Ingredients:
Following are the essential ingredient of see.315. (i) Causing death of human beings
(ii) Intention was to cause harm to body or mind.
(iii) Death must be caused by means of a weapon or a act.
(iv) Which in ordinary cause of nature is not likely to cause death. D. Punishment u/sec 316:
One who commits Qatl-i-Shibh-i-amd shall be liable to 1. Diyat; abd
May also be punished with
2. Imprisonment of either description which may extend to fourteen years as Tazir. (1) Meaning of Diyat u/sec 299(e):
Diyat means the compensation specified in section 323 payable to the heirs of the victim. Which is not less than the value of thirty thousand, six hundred and thirty grams of silver.
(III)Qatl –I khata Dfinition u/sec 318:
“Whoever without any intention to cause death of or harm to a person cause death of such person either by mistake of act or by mistake of fact”
For example
‘A’ aims at a deer hut misses the target and Kill ‘Z’ who is standing by ‘A’ is guilty of Qatl i- Khata. essential ingredients of sec 318.
(i) Causing death of a human being. (ii) Unintentionally
(iii) By mistake of fact, or (iv) By mistake of act.
Punishment: (i) U/sec 319
Whoever commits qatl-I khata shall be liable diyat and where it was committed by any rash negligent act the offender may in addition to diyat also be punished with imprisonment of either description for a term which may extend to five years as tazir.
(ii) U/sec 320:
Whoever commits qatl –I-khata by rash or negligent driving shall in addition to diyat by punished with imprisonment of either description for a term which may extend to ten years.
a. Scope:
Word driving in its application u/sec 320 is limited to a person or person on road and not to animals on the road. Injury or death of occupants or passengers of a driven vehicle will not be covered by mischief of sec. 320 P.P.C(1995MILD 1775)
(IV)Qatl- Bls-Sabab: Definition U/sec 321:
“Whoever without any intention to cause death of or harm to any person dose any unlawful act which become a case for the death of another person, is said to commit qatl- bis-sabab.” For Example
‘A’ unlawfully digs a pit in the thoroughfare, but without any intention to cause the death of or harm to any person. ‘B’ while passing form there falls in it and is killed ‘A’ has committed qatl- bis- sabab. Ingredients:
Following are the essential ingredients of sec. 321. (i) Causing death of a human being
(ii) Unintentionally
(iii) By doing of an unlawful act
(iv) That unlawful act becomes the cause of the death Punishment u/sec 322:
Whoever commits qaly-bis-sabsb shall be liable to Diyat. Conclusion:
To conclude, I can say, that qatl is the causing of death of another person. It may be intentional unintentional. There are different types of qatl provided under P.P.C. qatl which amounted to murder is called qatl-i-amd while the qatl which dose not amounted to murder is called qatl shibh-amd, qatl-i- Khata and Qatal-bis-sadad- Mensrea is an essential ingredient of qatl-I- Khata and qatl-i-shibhi-amd while in the remaining two cases mens- rea cannot contemplated.
