Sec 300 Qatl-i-Amd

When a person intends to cause death or bodily injury to another person, does an act, which in ordinary
course of nature is likely to cause death or which is done with knowledge that his act is so imminently
dangerous that it must in all probability cause death, and causes death of such person, he/she commits
qatl-i-amd.

Essential Ingredients of Qatl-e-Amd under Section -300 of P.P.C

The essential ingredients of the definition of Qatl-i-Amd as provided in the Pakistan Penal Code are as
follows

 Causing death of a human being

 Such death must be caused by doing an act
 With the intention of doing bodily injury to that person
 The act in the ordinary course of nature is likely to cause death.
 With the knowledge that the act is so imminently dangerous that it must in all probability cause
death

Illustrations

“A” shoots “Z” with the intention of killing him. “Z” dies in Consequences “A” commits this offence.

Sec 302 Punishment against Qatl-i-Amd

Followings punishments can be awarded against commission of Qatl-i-Amd

(i) Death as Qisas

A person, who commits Qatl-i-amd, can be punished with death as Qisas.

Qisas

Qisas means ‘to copy the other’ or ‘to follow the path followed by other’ or ‘to act like the act of
another’. The basic principle of Qisas is similarity. If similarity of injury is not possible Qisas may not be
enforce. In Qatl-i-Amd the difference between punishment of Qisas and punishment of death lies in the
mode of execution of sentence.

Proof of Qatl-e-amd shall be in any of the following forms namely:

(a) the accused makes before a Court competent to try the offence a voluntary and true confession of
the commission of the offence; or (b) by the evidence as provided in Article 17 of the Oanun-e Shahadat,
Order 1984 (P.O. No.10 of 1984).

1 The provisions of sub-section (1) shall, mutatis mutandis, apply to a hurt liable to Qisas.

(ii) Death or Imprisonment For life

The punishment of death or imprisonment for life as tazir especially when proof against commission of
such qatl is not available through voluntary and true confession of convict before a court competent to
try such qatl according to Article 17 of Qanun-e-Shahadat.
(iii) Imprisonment, which can extend to twenty five years

When punishment of Qisas is not applicable against commission of qatl-i-amd according to Injunctions
of Islam, a person, who commits qatl-i-amd, can be punishment with imprisonment, which can extend to
twenty-five years.

Sec 315 Qatl Shibh-i-Amd

When a person intends to cause harm to body or mind of any person, and causes death of that person
or death of any other person by means of a weapon or an act which in ordinary course of nature is not
likely to cause death, he/she commits qatl-shibh-i-amd.

Explanation

A in order to cause hurt strikes Z with a stick which in ordinary course of nature is not likely to cause
death, Z dies as a result of such hurt, A shall be guilty of Qatl-i-Shibh-i-Amd.

Essentials of Qatl-i-Shibh-i-Amad

Following are the Essentials of Qatl-i-Shibh-i-Amad.

 Causing death of a human being

 Harm to the body or mind of any person must be intended
 Death may of a person who is intended to be harmed or of any other person
 Weapons may be used to inflict such intended harm
 Death may also be caused by any other act which in the ordinary course of nature is not likely to
cause death

Sec 316 Punishment for Qatl-i-Shibh-i-Amd

(a) Diyat and Imprisonment

A person, who commits qatl-i-Shibh-i-Amd, is liable to diyat and can also be punished with
imprisonment which may extend to twenty five year as tazir.

Sec 318 Qatl-i-Khata

When a person does not intend to cause death of a person or cause harm to a person, and causes death
of such person either by mistake of act or by mistake of fact, he/she commits qatl-i-Khata.

Explanations

 A shoots at a deer but misses the target and skills Z who is standing by A is guilty of Qatal-i-
Khata.
 A shoots at an object to be deer but it turns out to be a human being A is guilty of Qatl-i-Khata

Essential ingredients of Qatl-i-Khata Under section 318 of P.P.C

In order to hold a person liable to Qatl-i-Khata following essential must be shown

 Death of a human being caused

 There was no intention
(i) To cause death

(ii) Nor any intention to cause bodily harm

 Death is caused either

(i) By mistake of fact

(ii) By mistake or act

Sec 319 Punishment of Qatl-i-Khata

(i) Diyat and Imprisonment

A person who commits qatl-i-Khata, is liable to diyat.

(ii) Punishment for Qatl-i-Khata by Any Rash or negligent Act other than Rash or Negligent Driving

A person, who commits qatl-i-Khata by any rash or negligent act, which is other than rash or negligent
driving, he/she is not only liable to diyat, but is also punished with imprisonment, which can extend to
five years as tazir.

(iii) Punishment by Rash or Negligent Driving

A person, who commits qatl-i-Khata by rash or negligent driving is not only liable to diyat, but is also
punished with imprisonment, which can extend to ten years.

Sec 321 Qatl-i-Bis-Sabab

When a person does not intend to cause death of another person or cause harm to another person, and
does any unlawful act, which becomes a cause of death of this another person.

Essentials ingredients of Qatl-i-Bis-Sabab

Following are ingredients

 The death of a human being is caused

 There was no intention

(i) To cause death, or

(ii) Cause bodily harm to the deceased

 An unlawful act is done by the offender

 Such unlawful act becomes the cause of death of the deceased

Sec 322 Punishment for Qatl-i-bis-sabab

Section 322 provides that whoever commits Qatl-i-Bis-Sabab shall be liable to Diyat only

-
Ikrah-e-Tam: Ikrah-e-Tam means putting any person or his spouse or any of his blood relations with the
prohibited degree marriage (Moharram) in fear of instant death or instant permanent impairing of any
organ of the body or instant fear of being subjected to sodomy or Zina Bil Jabir.

Ikrah-e-Naqis: Ikrah-e-Naqis means any form of duress which does not amount to Ikrah-e-Tam

Sec 305 wali

The 'wali' is a term denoting a legal representative or guardian, responsible for certain rights and
obligations concerning individuals, particularly in matters like inheritance or legal proceedings.

 Heirs as Wali: The passage indicates that in cases of qatl, the legal representatives or guardians
of the deceased according to their personal or family law are considered the "wali."

 Exclusion in Cases of Qatl-i-amd: There's an exception excluding the accused or the convict
from being considered as a legal representative or guardian (wali) in instances of qatl committed
in the name or on the pretext of honor.

 Government as Wali: If there are no identifiable heirs or legal representatives, the passage
suggests that the government might assume the role of "wali" in such cases.

Sec 306 Qatl-e-Amad shall not be liable to Qisas in following cases.

 When an offender is a minor or unsound mind.

 When an offender causes the death of his child of his grandchild.
 When a wali of the victim is a direct descendant of the offender

Sec 307 Cases in which Qisas for Qatl-e-Amad shall not be enforced:

 When an offender dies before the enforcement of Qisas.

 When any wali voluntarily and without duress waives the right of Qisas S. 309-310.
 When the right of Qisas devolves on the offender as the result of the death of thewali of the
victim or on the person who has no right of Qisas against the offender
Section 375 - Rape:

 Definition of Rape:

 Rape occurs when a man engages in sexual intercourse with a woman under specific
circumstances.

 Circumstances of Rape:

 Against her will.

 Without her consent.

 With consent obtained through fear of death or harm.

 With consent under the false belief of marriage to another person.

 With or without consent when the woman is under sixteen years old.

 Explanation:

 Penetration alone is sufficient to constitute the sexual act required for the offense of
rape.

Section 376 - Punishment for Rape:

 Punishment for Rape:

 The perpetrator of rape shall face either death penalty or imprisonment for a term not
less than ten years and not exceeding twenty-five years, along with a fine.

 When rape involves multiple perpetrators with a common intention, each will face
either death or life imprisonment.

Section 377 - Unnatural Offences:

 Definition of Unnatural Offences:

 Any voluntary carnal intercourse against the order of nature with a man, woman, or
animal.

 Punishment:

 Offenders engaging in unnatural intercourse face life imprisonment or imprisonment for

a term ranging from two to ten years, accompanied by a fine.

 Explanation:

 Penetration alone is sufficient to constitute the act described in this section.

Section 489-A - Counterfeiting Currency or Banknotes:

 Definition and Punishment:

 Counterfeiting or participating in counterfeiting currency or banknotes is punishable by

life imprisonment or imprisonment extending up to ten years, alongside a fine.

 Explanation:

 Defines "bank-note" as a promissory note or engagement for payment issued by a bank

or under the authority of a State or Sovereign Power, used as a substitute for money.

Section 489-B - Using Forged Currency or Banknotes:

 Using Forged Notes:

 Selling, buying, receiving, trafficking, or using counterfeit currency or banknotes as

genuine, knowing or having reason to believe they are forged, results in life
imprisonment or imprisonment up to ten years, along with a fine.

Section 489-C - Possession of Forged Currency or Banknotes:

 Possession of Forged Notes:

 Having forged currency or banknotes in possession, knowing or believing them to be

counterfeit and intending to use them as genuine, may result in imprisonment up to
seven years or a fine, or both.

Section 489-D - Making or Possessing Instruments for Forging:

 Creation or Possession of Forging Tools:

 Making, buying, selling, possessing machinery, instruments, or materials intended for

forging currency or banknotes results in life imprisonment or imprisonment up to ten
years, accompanied by a fine.

Section 489-E - Making or Using Documents Resembling Currency Notes:

 Making or Using Fake Currency Documents:

 Creating, using, or delivering any document resembling currency notes results in

imprisonment up to one year, or a fine, or both.

 Failure to disclose information about the creator of such documents may lead to similar
penalties.

Section 489-F - Dishonestly Issuing a Cheque:

 Dishonest Issuance of Cheques:

 Issuing a cheque for repayment or fulfilling an obligation that gets dishonored on

presentation leads to imprisonment up to three years or a fine, or both, unless the
issuer can prove bank-related arrangements were in place.
Section 489-G - Counterfeiting or Using Documents Resembling Prize Bonds:

 Counterfeiting or Using Fake Prize Bonds:

 Counterfeiting, delivering, or using documents resembling Prize Bonds without

authorization results in imprisonment up to seven years, accompanied by a fine

Section 463: Forgery

 Definition: Creating a false document or part of a document intending to cause damage or injury
to the public or an individual, support a false claim, deceive someone into parting with property,
or commit fraud.

Section 464: Making a False Document

 Constitutes Making a False Document:

 Dishonestly creating, signing, or altering a document with the intention to deceive,

regardless of lawful authority.

 Causing a person, due to unsoundness of mind or intoxication, to sign or alter a

document.

Section 465: Punishment for Forgery

 Penalty: Imprisonment for up to two years, a fine, or both.

Section 466: Forgery of Court or Public Register Records

 Defined Offenses: Forgery of documents related to courts, registers of birth, marriage, burial, or
documents issued by public servants, punishable by imprisonment up to seven years and a fine.

Section 467: Forgery of Valuable Securities, Wills, etc.

 Types of Forgeries Covered: Forgery of valuable securities, wills, authorities, or documents

acknowledging payments or receipts is punishable by life imprisonment or imprisonment up to
ten years, along with a fine.

Section 468: Forgery for Cheating

 Specific Intent: Forgery committed with the intent to deceive or cheat results in imprisonment
for up to seven years and a fine.

Section 469: Forgery for Harming Reputation

 Intent to Harm Reputation: Forgery done with the intent to harm someone's reputation is
punishable by imprisonment for up to three years and a fine.

Section 470: Forged Document

 Definition: A document, wholly or partially made by forgery, is termed as a "forged document."

Section 471: Using a Forged Document

 Punishment: Using a forged document fraudulently or dishonestly results in the same penalty as
that for forgery.

Section 473: Making or possessing counterfeit seal, etc., with intent to commit forgery under other
sections

 Offense: Making or having counterfeit seals, plates, or instruments intended for forgery under
any section other than Section 467.

 Punishment: Imprisonment for a term up to seven years and a fine.

Section 474: Possession of forged documents and intent to use them fraudulently

 Offense: Holding forged documents with the intention to fraudulently use them as genuine.

 Penalty:

 If the document falls under Section 466: Imprisonment up to seven years and a fine.
 If the document falls under Section 467: Imprisonment for life or a term up to seven years, along
with a fine.

Section 475: Counterfeiting device or mark used for authenticating documents under Section 467

 Offense: Counterfeiting marks or devices used to authenticate documents specified under

Section 467, intending to make forged documents appear genuine.

 Penalty: Imprisonment for life or a term up to seven years, in addition to a fine.

Section 476: Counterfeiting device or mark used for authenticating other documents

 Offense: Counterfeiting marks or devices used to authenticate documents other than those
mentioned in Section 467, intending to make forged documents seem genuine.

 Penalty: Imprisonment for up to seven years and a fine.

Section 477: Fraudulent cancellation, destruction, etc., of valuable documents

 Offense: Fraudulently destroying, defacing, or secreting documents such as wills, authorities to

adopt, or valuable securities, with intent to cause damage or injury.

 Penalty: Imprisonment for life or up to seven years, along with a fine

Introduction:

Hurt is the harm caused to human body other than death. Causing of hurt to another person is an
offence under Pakistan Penal code. In Qatl victim is deprived of his life but in case of hurt he is to suffer
bodily harm other than death.

Relevant provision:

Section 332 to 337 deal the term hurt under Pakistan Penal Code, 1860.

Sec 332 hurt

Whoever causes pain, harm, disease, infirmity or injury to any person or impairs, disables or
dismembers any organ of the body or part thereof of any person without causing his death, is said to
cause hurt.

Kinds of hurt:

The following are the kinds of hurt

 Itlaf-i-udw
 Itlaf -i- salahiyyat-i-udw
 Shajjah
 Jurh; and
 All kinds of hurt.

Itlaf-i-udw under section 333 of P.P.C:

Whoever dismembers, amputates, severs any limb or organ of the body of another person is said to
cause Itlaf-e-udw.

Explanation:

The offence signifies destruction or amputation of any member of joint in the body. It falls within the
ambit of grievous hurt.

For example: the offence of chopping off and mutilating the nose of the victim with a knife falls under
this section for causing hurt in nature of itlaf-e-udw.

Punishment of Itlaf-i-eudw under section 334 of P.P.C:

Punishment U/sec. 334

Whoever by doing any act with the intention of thereby causing hurt to any person or with :he
knowledge that he is likely to cause hurt to any person causes itlaf-i-udw of any person shall be
punished with:

 Qisas in consultation with the authorized medical officer, that is the Court will require the
authorized medical officer to appear as a witness to give opinion, whether Qisas will be
executable keeping in view principles of equality.
Illustration

An offender inflicts single blow with sword resulting in amputation of one-fourth of left forearm. The
punishment of Qisas will be executable only if the authorized medical officer gives an opinion that
similar result could possibly be achieved without any additional damage to the offender:

 Arsh, if the Qisas is not executable and it is mandatory upon the Court and may also be punished
with imprisonment of description for a term which may extend to ten years as tazir and it is
discretionary with the Court.

Itlaf-i-salahiyyat-i-udw under section 335 of P.P.C:

Whoever destroys or permanently impairs the functioning, power or capacity of an organ of the body of
another person, or causes permanent disfigurement is said to cause itlaf-e-salahiyyat-i- udw.

Punishment of itlaf-i-salahiyyat-i-udw under section 336 of P.P.C:

SAME AS 334

Shajjah under section 337 of P.P.C:

Whoever causes, on the head or face of any person, any hurt which does not amount to itlaf-e- udw or
itlaf-e-salahiyyat-i-udw, is said to cause shajjah

a. Shajjah-i-Khafifah

b. Shajjah-i-Mudihah

c. Shajjah-i-Hashimah

d. Shajjah-i-Munaqqilah

e. Shajjah-i-Ammah

f. Shajjah-i-Damighah

a. Shajjah-i-Khafifah

It means simple hurt by any weapon on head or face without exposing bone of the victim.

Punishment U/sec. 337A (I)

The convict shall be liable to daman and may also be punished with imprisonment of either description
for a term which may extend to two years as tazi

(b) Shajjah-i-Mudihali

It means simple hurt by any weapon on head or face where though bone is exposed but no fracture is
caused.

Punishment U/sec. 337A (ii)

The person causing it shall. be punished with Qisas after consultation with the authorized medical officer
and if it is not executable; the convict shall be liable to Arsh which shall be five percent of value of Diyat
and ,may also be pushed with ,imprisonment of either description for a term , which may extend to five
years as tazir.
c. Shajjah-i-Hashimah

It is grievous hurt by any wca;'3ii on head or face resulting in ,fracture of bone of the victim without
dislocating it.

Punishment. U/sec. 337A (iii)

The person causing it shall be liable to Arsh which shall be tell percent of. the Diyat and may also be
punished with imprisonment of either description for a term which may extend to tm years as Tazir.

d. Slukijah-i-Munacmilah

It is grievous hurt by any weapon on head or face, resulting in fracture and dislocation of bone of victim.

Punishment U/sec 337A (iv)

The person causing it shall be liabb, Arsh which shall be 15% of the Diyat to may also be punished with
imprisonment of either description for a term Which extend to ten year as Tazir.

e. Shajjah-i-Ammah

It is grievous hurt' by any weapon causing fracture of the skull of the victim and the wound touches the
membranes of the brain.

Punishment U/sec337A (v)

The person causing it shall be liable to Arsh which shall be one-half of the Diyat and may also be
punished with imprisonment of either description for a term which may extend to fourteen years as
tazir.

f. Shajjah-i-Damighah

It is grievous hurt by any weapon causing fracture of the skull of the victim and the wound ruptures the
membrane of the brain.

Punishment U/sec 337A (vi)

The person causing it shall liable to Arsh which shall one-half of Diyat and may also be punished with
imprisonment of either description or a term which may extend to fourteen years as tazir.
JURH

a. Literal Meaning

The word jursh is derived from the word jarroh which means injury.

b. Meaning U/sec. 337-B(1)

Jurh means injury on any part of the body of person, other than the head or face, which leaves a mark of
the wound whether temporary or permanent.

A. Kinds of Jurh U.sec 337-B(2)

i. Jaifah U/sec 337-C

Whoever causes jurh in which the injury extends tot he body cavity of the trunk, is said to cause jaifah.

(ii) Ghayr-Jaifah U/Sec. 337-E

Any hurt which does not amount to jaifh is called Ghayr-jaifah.

Kinds of Ghayr-Jaifah

a) Damiyah

Whoever causes ghayr-jaifah in which the skin is ruptured and bleeding occurs, is said to cause damiyah.

Punishment under section 337-F(i):

The convict shall be liable to daman and may also be punished with imprisonment of either description
for a term which may extend to one year as tazir.

(b) Badi’ah

Whoever causes ghayr-jaifah by cutting or incising the flesh without exposing the bone, is said to cause
badi’ah.

Punishment under section 337-F(ii):

The convict shall eb liable to daman and may also be punished with imprisonment of either description
for a term which may extend to three years as tazir.

(c) Mutalahimah:

Whoevr causes ghayr-jaifah by lacerating the flesh, is said to cause mutalahimah.

Punishment under section 337-F(iii):

The convict shall be liable to daman and may also be punished with imprisonment of either description
for a term which may extend to three years as tazir.

(d) Mudihah

Mudihah is caused by exposing the bone.

Punishment under section 337-F(iv):

The convict shall be liable to daman and may also be punished with imprisonment of either description
for a term which may extend to five years as tazir.

(e) Hashimah

Hashimah is caused by fracture of a bone without dislocating it.

Punishment under section 337-F(v):

The convict shall be liable to daman and may also be punished with imprisonment of either description
for a term which may extend to five years as tazir.

(f) Munaqqillah

It is caused by fracturing or dislocating the bone.

Punishment under section 337-F(vi):

The convict shall be liable to daman and may also be punished with imprisonment of either description
for a term which may extend to seven years as tazir.

Punishment of hurt by rash or negligent driving under section 337-G

Whoever causes hurt by rash or negligent driving shall be liable to arsh or daman specified for the kind
of hurt caused and may also be punished with imprisonment of either description for a term which may
extend to five years as tazir.

Punishment of hurt by rash or negligent act under section 337-H:

Whoever causes hurt by rash or negligent act, other than rash or negligent driving, shall be liable to arsh
or damn specified for the kind of hurt caused and may also be punished with imprisonment of either
description for a term which may extend to three years as tazir.

(2) whoever does any act so rashly or negligently as to endanger human life or the personal safety of
others, shall be punished with imprisonment of either description for a term which may extend to three
months, or with fine, or with both.

Punishment of hurt by mistake (khata) Under section 337-I:

Whoever causes hurt by mistake (khata) shall be liable to arsh or daman specified for the kind of hurt
caused

V. ALL KINDS OF OTHER HURT

A hurt which is not covered by any of the four clauses given above, and which endangers life or which
causes the sufferer to remain in severe bodily pain for 20 days or more or renders him unable to follow
the ordinary pursuits for 20 days or more is covered by the other hurt and shall be liable to be punished
with daman and. may be imprisoned up to seven years, and if it is not of kind mentioned here before
the punishment shall be imprisonment which may extend to two years or with daman or both