1, INTRODUCTION: Every crime involves either Haqooq Allah or Haqooq-ul-Ibad or both. The offences relating to Qisas and diyat are offences against individuals affecting human body and are haqoogq-al-Ilbad. The Holy Quran therefore gives right ot victim or his wali to exact Qisas or claim Diyat. Chapter XVI of P.P.C relates to offences, which describes punishment of Qisas and Diyat. Obs? 2, RELEVANT PROVISIONS: Following are the relevant provisions of P.P.C regarding the concerned topic. > Section 299, 302, 304, 306, 307, 334, 336, 337- A, for Qisas > Section 299(e), 302, 316, 319, 320, 322, 323, 330, 331, for Diyat. 3. RELEVANT AYATS OF HOLY QURAN: Following are the relevant Ayats of Holy Quran regarding the topic of Qisas and Diyat. (i) Surah Albagarah Ayats 178, 179, and 194. (i) Surah Al-nsiah Ayats 29, 92, and 93 (iii) Surah Almaidah Ayats 32, 33 and 45 (iv) Surah Alinam Ayat 151~ (v) Surah Alfurqan Ayat 68 (vi) Surah Bani Israel Ayats 31 and 32 4. QISAS: (I) MEANING OF QISAS: (i) Literal Meaning: As 3 The term Qisas is literally derived from "Al Qasas" which means to follow in some ones foot-steps. (ii) Legal | Meenine: Qisas ” G aifies , or means to shed bloo repetition or rétribution. It is to award an eat punishment to the offender for an intentional crime o homicide or for severing any organ of the body o injuring it. (iii) Meaning U/sec 279 (k): "Qisas means punishment by causing simila hurt at the same part of the body of the convict as h has caused to the victim or by causing his death if h has committed qatl-i-amd in exercise of the right of th victim or a wali". (I) BASIC PRINCIPLE OF QISAS: The basic principle of qisas is similarity. | similarity of injury is not possible qisas may not b enforced. (II) RIGHT OF QISAS: Qisas is the right of wali of victim or the victim and is executed by the state. > According to Sec. 305: In case of qatl, the wali shall be a. The heirs of the victim, according to h personal law, andb. The Government, if there is no heir. (Vv) QISAS AS PUNISHMENT FOR DIFFERENT OFFENCES UNDER P.P.C: For following offences, punishment of qisas is provided under P.P.C A. Qatl-i-Amd: Whoever commits qatl-i-Amd shall be punished with death as qisas u/sec 302 if proof in either of the forms mentioned i in sec. 304 is available viz. a. Confession by an accuged b. By evidence as provided in Article 17 of Q.S.0, 1984. (i) Qatl-i-Amd Not Liable to Qisas: Qatl-i-Amd shall not be liable. to Qisas in the following cases. a. When an offender is minor or insane b. When an offender causes death of his child or grande wild howlowsoever. When any wali of the victim is a direct Ta ely. § descendant howlowsoever of the offender. (ii) Cases Where Qisas for Qatl-i-Amd not Enforced U/sec 307: Qisas for Qatl-i-Amd shall not be enforced in the following cases a. When the offender dies, before the enforcement of qisas. b. When any, wali voluntarily and without at Fst duress waives or compound the right of Qisas w/sec 309 and 310 respectively. c. When the right of Qisas devolves on the /, \ 5, Vd ple Ub ue Aaoffender as a result or the death of the wali of the victim or on the person who has no right of qisas against the offender. B. Hurt Cases: Qisas shall also be enforced in some hurt cases, and the principle of enforcement and evidence will be same as it is in gatl cases. In hurt cases, Qisas shall be enforced under following provisions of P.P.C. > Section 334 > Section 336 > Section 337-A (ii) (V) THEORY OF QISAS: Skee The basic theory of Qisas is retributive ie an eye for an eye. a tooth for a tooth etc. 5. DIYAT: (i) MEANING: (i) Legal Meaning: "Diyat means the compensation granted to the heirs of the victim by the offender." (ii) Meaning U/sec 299 (e): _"Diyat means the compensation specified in section 323 payable to the heirs of the victim." (I) BASIC PRINCIPLE OF DIYAT: Diyat is a compensation for human life. In the definition u/sec 323 the words “heirs of victim" have been used and not the words "the victim or his heirs". This means that Diyat is a compensation payable only in cases of Qatl, and not in cases of hurt.GI) RIGHT OF DIYAT: d Day _» Diyat is a right of the wali of the victim and “executed by the state. div) DIYAT AS PUNISHMENT FOR DIFFERENT OFFENCES UNDER P.P.C: For following offences, punishment of Diyat is provided under P.P.C. (i) Qatl-i-Amd: Qatl-i-Amd is liable to, diyat in the following cases. a. Where offender guilty of Qatl-i-Amd is not liable to Qisas, or b. Where Qisas is not enforceable, or c. Where one of the several Walis does not Waive right of Qisas and in such case he would’ be entitled to his share of Diyat. (NLR 1993 criminal 203) (ii) Qatl Shibh Amd: Qatl Shib-amd is liableyto the payment of diyat wsec 316. (iii) Qatl-i-Khata: , Qatl-i-Khata is also liable to the payment of diyat u/sec 319 and 320. (iv)’ Qatl-bis-Sabab: Qatl-bis-Sabab is also liable to the payment of diyat u/sec 322. (V) THEORY OF DIYAT: The basic theory of Diyat is the compensation and provide relief to the heirs of the victim.(VI) VALUE OF DIYAT U/SEC 323: The value of diyat shall be fix by the court, keeping in view the we Following points. AMY i. Tajnnettons of Islam as laid down in Holy Quran and Sunnah. The value is not fixed in the Holy Quran and it is not static. It is said that Hazrat Umar Farooq (R.A) enhanced the value of Diyat fixed during the lifetime of Holy Prophet (P.B.U.H) ii. Financial position of the convict, and iii. Financial Position of the heirs of the victim. A. Limit of Diyat Money: The diyat money fixed by the court, shall not be less than the value of the thirty thousand, six hundred and thirty grams of silver. > Case Law 1999 MLD 2271 It was held that court can enhance amount of Diyat, but can not reduce the value fixed in accordance with the holy Quran and Sunnah. > = Value of Silver: The Federal Govt. shall by notification in the official Gazette declare the value of silver on the first . day of July each year or on such date as it may deen fit, which shall be the value payable during a financial years. 2b (VII) DISBURSEMENT OF DIYAT U/SEC 330: The diyat shall be disbursed among the heirs of the victim according to their respective shares in inheritance.(i). | Where Any Heir Forgoes his Share: Where any heir of the victim forgoes his share, the diyat shall not be recovered to the extent of his share. HS P- Hut (VIII) PAYMENT OF DIYAT U/SEC 331: (i) Mode of Payment: The diyat may be made payable a. In lumpsum, or b. In Instalments spread over a period of three years from the date of the final judgment. (ii) Failure to Pay Diyat by Convict: ' »<., Where a convict fails to pay diyat or any part thersof within the period of three years. > he may be kept in jail to serve simple imprisonment until the diyat is paid full, or > may be released on bail if he furnishes security equivalent to the amount of diyat, to the satisfaction of the court. a. Period of Imprisonment in Case of Default: Neither the provisions of sec. 331 P.P.C provide any definite period of imprisonment for default in payment of diyat, nor the court has the powers to fix such period. Matter was there fore, referred to the law- making authority to consider this aspect. (1998 PCrLJ 1781) 6. DIFFERENCE BETWEEN QISAS AND DIYAT: a) PRINCIPLE: > Punishment of Qisas is based on the principle of _ Tetaliation. NAdo . oy ay by (Gh)> Punishment of Diyat is based on the principle o! compensation. (I) APPLICABILITY: Punishment of Qisas is applicable on cases of Qatl and hurt. > Punishment of Diyat is applicable only in cases of Qatl. (Il) AS TO DEMAND: > Qisas is the right of the victim or the wali of the victim and may be demanded by either of them. > Diyat is the right of the wali of the victim and it may be demanded by them alone. (IV) EFFECT OF WAIVER OF RIGHT: When any wali of the victim waives his right of qisas, it shall not be enforced against convict. ’ Waiving of right of diyat by any of the wali of the victim does not affect the right of others. ‘ APPLICABILITY ON DIFFERENT KINDS OF QATL: Qisas is applicable only to the Qatl-i-Amd. Diyat is applicable on Qatl-i-amd, Qatl-Shibh- amd, Qatal Khata, Qatal-bis-Sabab. 7, CONCLUSION: To conclude, I catf say, that the offences relatin to Qisas and Diyat are offences relating to Haqooq-ul. Ibad. Qisas and Diyat will be the right of wali of th victim or the victim and are executed by the state. vy 254 4