NAME: ZAMEER ALI
ROLL NO: 2K24/LLBJ/188
SUBJECT: USA CONSTITUTION
RESPECTED TEACHER: SIR IHSANULLAH BUTRO
PRESENTATION AND ASSIGNMENT TOPIC: TYPES OF MURDER
The Pakistan Penal Code, 1860 uses the term qatl for all forms of homicide as stated in section
299(j). The Code does not follow the broad common law concept of murder. It creates four distinct
forms based on intention, knowledge, mistake, and indirect causation. These forms are qatl e amd,
qatl shibh e amd, qatl e khata, and qatl bis sabab. Each form carries different consequences in
qisas, diyat, or ta’zir. The framework blends Islamic doctrines with statutory penalties and aims to
match punishment with the mental element behind the act.
1. Qatl e Amd
Section 300 defines qatl e amd as causing death with intention to kill, intention to cause an injury
likely to lead to death, or knowledge that the act used will probably cause death. The law uses both
the intention of the offender and the foreseeability of the outcome.
The offence has three core parts.
A mental element that includes intention or knowledge of death.
A physical act that brings about the injury or death.
A clear link between the act and the fatal result.
Section 301 covers cases where the offender aims at one person but kills another. Liability remains
the same because intention to kill exists, even if the victim is different.
Section 302 sets the penalties. It permits death as qisas. It also allows death or life imprisonment
as ta’zir when qisas cannot be applied. It fixes a maximum of twenty-five years in cases where
Islamic rules bar qisas. Courts may consider fasad fil arz when deciding whether leniency is
appropriate.
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Example:
A shoots B in the chest at close range. The act shows intention to cause death.
2. Qatl Shibh e Amd
Section 315 defines qatl shibh e amd as causing death by an act meant to cause injury but not
intended or expected to cause death. The offender aims to cause harm but does not aim to cause a
fatal result.
Its elements include the following.
Intention to inflict injury.
Use of an act or instrument that normally does not cause death.
No intention or knowledge of death as a likely outcome.
Under section 316, the punishment includes diyat and imprisonment that can extend to fourteen
years as ta’zir.
Courts often apply this category when the offender uses a simple object, does not strike a vital
part, or acts out of sudden anger without planning.
Example:
A hits B with a wooden rod on the arm. The blow causes unforeseen internal injuries that lead to
death. This falls under qatl shibh e amd.
3. Qatl e Khata
Section 318 describes qatl e khata as causing death without intention to kill or harm, where the act
comes from a mistake of fact or mistake of act. The concept resembles criminal negligence.
The section gives examples that illustrate the rule.
A shoot at a deer but kills a person by mistake.
A fire at an object he assumes is an animal, but it is a human being.
Section 319 states that the punishment includes diyat. It also allows up to five years imprisonment
as ta’zir when the act involves rashness or negligence.
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Section 320 adds a separate offence for death caused by rash or negligent driving. The penalty can
reach ten years. This reflects the growing role of vehicular deaths in modern society.
Qatl e khata has no element of intention or knowledge. Liability arises when a careful person
would have avoided the risk.
Example:
A hunter misreads a movement in the bushes and shoots. A nearby villager dies. This is qatl e
khata.
4. Qatl Bis Sabab
Section 321 covers qatl bis sabab. It applies when death results indirectly from an unlawful act,
without any intention to harm the victim.
Its main features include the following.
The underlying act must be unlawful.
The act must contribute indirectly to the death.
The offender must have no intention to injure the victim.
The section gives one main illustration.
A dig a pit on a public road without permission. A passerby falls in and dies.
Section 322 prescribes diyat as the sole penalty. The low penalty reflects the limited moral blame
attached to indirect acts.
Example:
A leaves exposed wiring on a public street in violation of safety rules. A passerby is electrocuted.
The death occurs through an indirect unlawful act.
5. Comparison of the Four Forms
The PPC uses intention and causation to separate each form.
Qatl e amd carries the strongest mental element and the most severe punishments.
Qatl shibh e amd involves intention to harm but not to kill.
Qatl e khata arises from a mistake or negligence.
Qatl bis sabab concerns indirect unlawful acts.
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Courts study the weapon used, the place of injury, and the conduct of the offender to decide the
correct category. When several offenders act together, section 34 can raise liability if they share
intention to commit the act that leads to death.
6. Application in Case Law
Courts follow clear principles when interpreting these sections.
Intention to kill is inferred when a deadly weapon is used on a vital organ.
Heated fights without planning usually fall under qatl shibh e amd.
Accidental shootings, hunting errors, and celebratory firing often result in convictions
under qatl e khata.
Violations of safety rules, such as unsafe construction or exposed wiring, fall under qatl bis
sabab.
Courts also apply the concept of fasad fil arz when the act creates widespread harm or threatens
public order. This limits the ability of parties to waive punishment through forgiveness.
The Pakistan Penal Code builds a detailed system for dealing with homicide. Sections 300 to 322
create separate rules for intentional killing, harmful acts without lethal intent, mistaken acts, and
indirect unlawful acts. Each category reflects a scale of blame that moves from full intent to
minimal fault. The system links punishment to the moral weight of the offender’s conduct and
supports consistency with Islamic concepts of qisas and diyat. By distinguishing between
intention, negligence, and indirect harm, the law ensures clarity and fairness in homicide cases.
