INTRODUCTION
Qatl means causing the death of a person. It is the killing of human beings by human beings. Fundamentally، qatl may be divided into two broad categories; lawful or unlawful.
RELEVANT PROVISIONS
Sections 300, 301 302, 303A 303B, 304, 305, 306, 307, 308. 313, 314, 315, 316, 317, 318 319, 320, 321, 322 of PP.C. 1860 deal with Qatl.
CROSS-REFERENCE
- Qisas and Diyat Ordinance, 1997
- Section 17 of the Qanun-e-Shahadat Order, 1984
- Section 345 of CrPC, 1898
- Criminal Law (Amendement II) of 1997
- Criminal Law Amendment Act. 2004
- Schedule II of CrPC, 1898
KINDS OF UNLAWFUL QATLS
There are four major types of unlawful qatls provided and defined in the Qisas and Diyat Ordinance 1997;
A) Qatl-e-Amd
B) Qati-e-Shibh-e-Amd
C) Qatl-e-Khata
D) Qatl-e-Bis-Sabab
(A) QATL-e-AMD; U/s 300 OF P.P.C:
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 it must in all probability cause the death of such person is said to commit Qati-e-Amd.
1. ESSENTIAL INGREDIENTS OF QATL-e-AMD
U/s 300 OF P.P.C
The essential ingredients of the definition of Qatl-e-Amd as provided in the Pakistan Penal Code are as follows,
- Causing the 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 Consequence, A commits this offence.
- A knowingly that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow ‘A‘ is guilty of Qatl-e-Amd although the bow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if ‘A‘ was not aware of the disease, then in that case, he would not be guilty of Qatl-e-Amd.
2. CAUSING THE DEATH OF ANOTHER PERSON
U/s 301 OF P.P.C
Where a person by doing anything which he intends or knows to be likely to cause death causes the death of any person whose death the neither intends nor knows himself to be likely to cause, such an act committed by the offender shall be liable for Qatl-e-Amd.
3. PUNISHMENT FOR QATL-e-AMD
U/s 302 of P.P.C
Whoever commits Qatl-i-Amd shall, subject to the provisions of this Chapter
- Punished with death as Qisas
- Punished with death or imprisonment for life as Ta’zir having regard to the facts and circumstances of the case, if the proof in either of the forms specified in section 304 is not available.
- Punished with imprisonment of either description for a term which may extend to twenty-five years (but shall not be less than ten years) where according to the Injunctions of Islam the punishment of qisas is not applicable.
Provided that nothing in this clause shall apply to the offence of Qatl-e-Amd, if committed in the name or on the pretext of honour and the same, shall fall within the ambit of clause (a) or clause (b), as the case may be.
4. PROOF OF QATL-e-AMD LIABLE TO QISAS
U/s 304 of P.P.C
Qatl-e-Amd liable to Qisas may be proved in any of the following forms:
- Where the accused makes a voluntary and true confession before a competent court
- By evidence as provided in Section 17 of the Qanun-e-Shahadat Ordinance, 1984
5. WHO IS A WALI
U/s 305 of P.P.C
In the case of Qatl-e-Amd following shall be the wali,
- Heirs of the victim
- The government where the victim has no heirs
6. QATL-e-AMD IS NOT LIABLE TO QISAS
U/s 306 of P.P.C
Qisas cannot be levied on the following four types of persons;
- Where the offender is minor
- Where the offender is insane
- Where the victim is the offender’s child grandchild how low so ever
- Where any wall of the victim is direct descendent how low so ever of the offender.
7. WHEN QISAS IS NOT APPLICABLE TO THE OFFENDER
U/s 307 of P.P.C
There are three cases in which Qisas is not applicable to the offender, namely:
- Where the offender dies before the enforcement of Qisas
- Where the right of Qisas is waived by any Wali
- Where the right of Qisas devolves on the person who has no right of Qisas against the offender
8. WHEN QISAS CAN NOT BE ENFORCED OR CASES NOT LIABLE TO QISAS
U/s 308 of P.P.C
- In cases where Qisas cannot be enforced or which are not liable to Qisas, the offender shall be liable to diyat
- If the offender is a minor, diyat shall be payable from his (property or by such person, as may be determined by the court
- If, at the time of the commission of the offence, the minor was capable of understanding or comprehending the consequences of his criminal act, he may further, in addition, to diyat be punished for a period of imprisonment of either description, extending up to 25 years, as Tazir similarly, an insane person can also be sentenced, if he committed the offence in lucid intervals.
- In a case, where because of the absence of any guardian, the right of qisas develops on the offender himself, he shall be punished with imprisonment, of either description, extending up to 25 years as Tazir
- The court, in its discretion, may also punish an offender, in addition to diyat, to imprisonment extending up to 25 years, as Tazir۔
9. RIGHT OF QISAS IN QATL-I-AMD
U/s 30 of P.P.C
- Where there is only one wall he alone has the right of qisas in qatl-l-amd but, if there is more than one the right of qisas vests in each of them.
- If the victim-
- has no wall the Government shall have the right of qisas
- has no wall other than a minor or insane or if one of the walis is a minor or insane, the father or if he is not alive, the paternal grandfather of such wall shall have the right of qisas on his behalf.
10. EXECUTION OF QISAS IN QATL-e-AMD
U/s 314 of P.P.C
While executing Qisas in Qatl-e-Amd. following matters must be kept in consideration;
- Qisas shall be executed by the functionary of the Government
- Qisas shall be executed only in the presence of wali of the victim.
- Where wali is not present Qisas shall be executed in the presence of his duly authorised representative
- If Wali or his representative is not present even after being informed of the date, time and place, an officer authorised by the court shall give permission for the execution of Qisas.
- If the convict is a pregnant woman, the court may postpone Qisas up to two years after the birth of the child.
(B) QATL-e-SHIBH-e-AMD; U/s 315 OF P.P.C:
1. DEFINITION
Whoever, with intent to cause harm to the body or mind of any person causes the death of that or of any other person by means of a weapon or an act which in the ordinary course of nature is not likely to cause death is said to commit Qatl-e-Shibh-e- Amd.
Explanation: In order to cause hurt strikes Z with a stick which in the ordinary course of nature is not likely to cause death, and Z dies as a result of such hurt. A shall be guilty of Qatl-e-Shibh-e-Amd.
2. ESSENTIALS OF QATL-e-SHIBH-e-AMD
In order to hold a person liable to Qatl-i-Shibh-i-Amd, the following essentials must be present,
- Causing the 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
3. PUNISHMENT FOR QATL-e-SHIBH-e-AMD
One who commits Qatl-e-Shibh-e-Amd shall be liable to,
- Diyat
- May also be punished with Imprisonment of either description which may extend to 25 years as tazir.
4. EXCLUSION OF PERSON COMMITTING QATL
Where a person commits Qatl-i-Amd or Qati-e-Shibh-e-Amd, who is also an heir or beneficiary under a will, in that case, he shall be debarred from succeeding the estate of the person deceased as an heir or a beneficiary.
(C) QATL-e-KHATA; U/s 318 OF P.P.C:
1. DEFINITION
Whoever, without any intention to cause the death of, or cause harm to, a person causes the death of such person, either by mistake of the act or by mistake of fact, is said to commit Qatl-e-Khata.
EXPLANATION:
1. A shoots at a deer but misses the target and kills Z standing by. A is guilty of Qatl-e-Khata.
2. A shoots at an object to be deer but it turns out to be a human being. A is guilty of Qatl-e-Khata.
2. ESSENTIAL INGREDIENTS OF QATL-e-KHATA
In order to hold a person liable to Qat-i-Khata following essential/ingredients must be shown
- Death of a human being caused
- There was no intention
- To cause death
- Nor any intention to cause bodily harm
- Death is caused either
- By mistake of fact
- By mistake or act
3. PUNISHMENT OF QATL-e-KHATA
Whoever causes Qatl-i-Khata shall be liable to Diyat
- Where the death of the person is caused by a negligent or rash act, the accused in addition to Diyat may also be sentenced to imprisonment of either description for a term which may extend to 5 years as tazir.
- Where death caused by Rash or Negligent Driving; u/s 320 of P.P.C: Where the death of a person is caused by rash or negligent driving, the accused in addition to diyat may also be awarded imprisonment of either description which may extend to ten years as tazir.
(D) QATL-e-BIS-SABAB; U/s 321 of P.P.C:
1. DEFINITION
Whoever, without any intention to cause the death of, or cause harm to, any person, does any unlawful act which becomes a cause for the death of another person, is said to commit Qatl-i-Bis-Sabab.
EXPLANATION
A person unlawfully digs a pit in the thoroughfare, but without any intention to cause the death of or harm to, any person B while passing from there falls in it and is killed, A has committed Qatl-bis-sabab.
2. ESSENTIALS INGREDIENTS OF QATL-e-BIS-SABAB
In order to prove the offence of Qatl-l-Bis-Sabab, the prosecution has to prove the following essential ingredients:
- The death of a human being is caused.
- There was no intention
- To cause death
- Cause bodily harm to the deceased
- An unlawful act is done by the offender
- Such an unlawful act becomes the cause of death of the deceased.
3. PUNISHMENT FOR QATL-e-BIS-SABAB
Section 322 provides that whoever commits Qatl-i-Bis-Sabab shall be liable to Diyat.
UNDER IKRAH-I-TAM OR IKRAH-I-NAQIS
1. Meaning of Ikrah-e-Tam
Putting any person, his spouse or any of his blood relations within the prohibited degree of marriage 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-Jabar.
Punishment: Whoever commits Qatl under Ikrah-e-Tam shall be punished with imprisonment for a term which may extend to 25 years but not less than ten years And the person who causes such Ikrah-e-Tam shall be punished with the kind of Qatl committed as a consequence of such Ikrah-e-Tam.
2. Meaning of Ikrah-e-Naqis
Any form of duress which does not amount to Ikrah-e-Tam.
Punishment: Whoever commits Qatl under Ikrah-e-Naqis shall be punished for the kind of Qatl committed by him and the person who causes such Ikrah Naqis shall be punished with imprisonment for a term which may extend to ten years.
DIFFERENCE BETWEEN FOUR TYPES OF QATL
Following are the dissimilarities / Differences between different types of Qatl;
1. AS TO INTENTION:
- Qatl-e-Amd: The intention of the accused must be to cause the victim’s death.
- Qatl-e-Shibh-e-Amd: The intention of the accused must be to cause bodily or mental harm but not death.
- Qatl-e-Khata: There is no intention to cause death or bodily or mental harm to any person.
- Qatl-e-Bis-Sabab: No intention to cause death or cause bodily or mental harm is required.
2. MEN’S REA:
- Qatl-e-Amd: Mens Rea is an essential ingredient which must be proved to hold a person liable to Qatl-e-Amd.
- Qatl-e-Shibh-e-Amd: Mens Rea is an essential ingredient in Qatl-e-Shibh-e-Amd too which has to be proved.
- Qatl-e-Khata: No Mens Rea is required to hold a person liable to Qatl-e-Khata.
- Qatl-e-Bis-Sabab: No Mens Rea is required for Qatl-e-Bis-Sabab.
3. PUNISHMENT OF QISAS:
- Qatl-e-Amd: The punishment of Qisas is available for Qatl-e-Amd.
- Qatl-e-Shibh-e-Amd: The punishment of Qisas is not at all available for Qatl-e-Shibh-e-Amd.
- Qatl-e-Khata: Punishment of Qisas is not at all available for Qatl-e-Khata.
- Qatl-e-Bis-Sabab: Qatl-e-Bis-Sabab: Qisas punishment is not provided for Qatl-e-Bis-Sabab.
4۔ PUNISHMENT OF DIYAT:
- Qatl-e-Amd: Normally punishment of Diyat is not awarded in Qatl-e-Amd.
- Qatl-e-Shibh-e-Amd: Qatl-e-Shibh-e-Amd: Punishment of Diyat is available for Qatl-e-Shibh-e-Amd.
- Qatl-e-Khata: Punishment of Diyat is available for Qatl-e-Khata.
- Qatl-e-Bis-Sabab: Punishment of Diyat is available for Qatl-e-Bis-Sabab.
CONCLUSION
In conclusion, qatl, as defined in Pakistani law, encompasses various acts of intentional killing that are classified into different categories based on their severity. The punishments prescribed for qatl reflect the gravity of the offence, with potential consequences ranging from imprisonment to the death penalty. It is imperative to adhere to legal principles and ensure that justice is served in cases of qatl, as it is a matter of upholding the sanctity of human life and maintaining social order.
FAQs
Define Qatl-e-Amd. When it is liable to qisas? Discuss the circumstances when qisas for Qatl-e-Amd shall not be imposed and enforced.
(2019-A, 2019 5 years, 2017-S)
Define Qatl-e-amd. Discuss the method of proof of Qatl-e-amd liable to qisas. Describe cases in which qisas for Qatl-e-amd shall not be enforced.
(2017-A)
Define and differentiate between Qatl-e-Amd and Qatl-e- Shiba-i-Amd, along with their respective punishments.
(2016-A, 2014-A)
Qatl-i-Amd requires not only actus Reus but also men’s rea. What are the roles and rights of heirs in such cases of murder under the Pakistan Penal Code?
(2015-S)
Qatle-e-Amd is now compoundable by the heirs. What are the various modes by which they can forgo their right to a criminal at any stage?
(2015-A)
Define Qatl-i-amd and Qatl-i-shibh-amd. Explain the differences between the two.
(2013-S)
What is Qatl-i-Khata and Qatl-bis-Sabab? Enumerate the differences between them.
(2012-A)
REFERENCES
