An Act or Omission which is prohibit by law and which is fatal to the public at large is a crime or offence and an offence or crime is always liable to be punished by a competent authority. The main objective of punishment is to prevent the repetition of the commission of an offence. Section 53 of Pakistan Penal Code 1860 provides a list of punishment but said is not exhaustive.
2-Relevant Law
Section 53 of PPC
3-Cross Reference
Section 299 to 338
4- Definition of Punishment
"To inflict a pain or loss upon a person for his misdeed"
5- Object of Punishment
The purpose or object of punishment is, To serve as deterrence to other person who maybe similarly To be Prevented To be Reformation To be Retributive
6- Classification of Punishment u/s 53
I- Qisas
i- Literal meaning
To follow the path followed by other ii- Definition u/s 299(K) Qisas means 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-e-amd in exercise of the right of the victim or wali. iii- Basic Principle of Qisas The basic principle of Qisas is " Equality " or Similarity. Causing similar hurt at same part of convict. iv- Proof of Qisas u/s 304 》Voluntary and True Confession before competent authority 》By producing evidence in accordance with Article 17 of QSO. v- Reference liable to Qisas 》Qatl-e-Amd ( Section 302 ) 》Itlaf-e-Udv ( Section 333-334 ) 》Itlaf-e-Salahiyat Udv ( Section 335-336 ) vi- When offender is not liable to Qisas ( Section 306 & 337-h ) 》Offender is minor 》Offender is insane 》Offender causes death of his child or grand child how-low-so ever 》When wali 8s direct descendent how-low-so ever 》Physical imperfect organ 》Organ liable to Qisas vii- When Qisas cannot be enforced ( Section 307, 337 ) 》Offender dies before enforcement of Qisas 》Wali waves right of qisas Voluntary 》Right of Qisas devolves on Offender 》Organ of Offender liable to Qisas is missing 》Right devolve in person who cannot claim.
II- Diyat
i-Diyat Definition u/s 299 (e) Compensation specified in official gazzet payable to legal heirs. ii- Determination of maximum value of Diyat It shall be determined according to injunction of Islam laid down in Holy Quraj and Sunnah and also according to the financial position of the convict and legal heirs of the victim. iii- Minimum value of Diyat u/s 323 Minimum value of Diyat is 30630 gram Silver as declared in the official gazzet on 1st day of July every year. iv- Disbursement of Diyat u/s 330 Diyat shall be disbursed among the Legal heirs according to their share in inheritance where a heir forgoes his share, diyat shall not be recovered to extent of his share. v- Mode of payment of Diyat u/s 331 》In lump sum OR 》In installment spread over a period of Five years from date of final judgment. vi- Default in payment of Diyat u/s 331 The accused shall be detained in jail like Sentence to simple Imprisonment until Diyat is not paid un full Or Release on bail subject if he furnishes security or surety equal to amount of Diyat to satisfaction of Court. vii- Effect of Death of Convict u/s 331 If the convict dies before payment of Diyat, it shall be recovered from his estate. viii- Offence Punishable with Diyat Following Offences are Punishable with Diyat a- Qatl-e-Amd b- Qatl-e-Shabih Amd c- Qatl-e-Khata d- Qatl-e-Bis Sabab
III- Arsh
i- Definition Arsh is Compensation ( % of Diyat ) specified in Pakistan Penal Code 1860, Payable only in hurt to the victim or his heirs. ii- Mode of Payment of Diyat 》In lump sum Or 》In installment for a period over Five years.
IV- Daman
i- Definition Daman is a Compensation determined by court Payable to the victim by convict in cases causing hurt NOT liable to Arsh. ii- Determination of Value of Daman The value of daman shall be determined by the court in view of 》Expenses incurred on victim 》Loss or disability caused in the functioning or Power of any organ 》Anguisg suffered by victim iii- Mode of payment of Daman Daman maybe paid to the victim by the convict according to the order of Court.
V- Tazir
i- Definition Tazir is Punishment other than Qisas Diyat Arsh Daman ii- Quantum of Tazir Discretion of the court
VI- Death
i- Meaning of Death Death means death of human being ii- Capital Punishment Death is also called Capital Punishment iii- Purpose of Capital Punishment Purpose of Capital punishment is to spread terro over the Community to Prevent Crime iv- Commutation of Sentence of Death Sentence of death maybe commute with any other Sentence by Central or Provincial government with the consent of offender and consent of legal heirs in case of Qatl
VII- Imprisonment for Life
i- Meaning Remaining span of natural life of convict which is accepted as of 25 years ii- Commutation of Sentence of Life Imprisonment Central or Provincial government may with the consent of offender and with the consent of legal heirs commute Sentence for Imprisonment of either description for not exceeding 14 years
VIII- Imprisonment
i- Meaning Confinement of convict without certain prescribed limit ii- Kinds of Imprisonment 》Rigorous 》Simple 》Solitary Confinement
IX- Forfeiture of Property
Punishment of Forfeiture of property maybe award under following sections 》126 committing depredation on territory of power or at peace with Pakistan 》 127 Receiving property taken by war or depredation mentioned in section 125 》 169 Public servant unlawful buying or biding for property
X- Fine
i- Meaning Fine is a Punishment which maybe awarded along with Imprisonment or without Imprisonment ii- Amount of Fine When no limit of fine is provided it shall be unlimited but excessive iii- Sentence for Non-payment of Fine In excess of substantive Sentence or some description as that of substantive Sentence. iv- Limit of Imprisonment for Non-payment Imprisonment shall not be excessive of One Foourt 1/4 of maximum Punishment 》Description The description of punishment same as that of original substantive Sentence 》When only Fine awarded Fine = Rs 150 >>> Imprisonment 2 months Fine = 100 >>> Imprisonment 4 months Fine = Above Rs 100 >>> Imprisonment 6 months v- Termination of Imprisonment The Imprisonment imposed in default of payment of fine shall terminate whenever that Fine is paid or levied by process of law. vi- Time limit to Recover Fine Within Six months from date of Sentence vii- Effect of death before payment of Fine Death of offender does not discharge from liability of any property which would after his death be legally liable for his debts. 7-Conclusion.
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