Qatl i Amd (Homicidal Murder) in Pakistan Penal Code

Qatl-i-Amd u/s 300

• Intention of causing death
• Intention of causing bodily injury
• Doing of an act which ordinary course of nature likely to cause death

Punishment of Qatl I Amd u/s 302

• Death with Qisas
• Death or IOL as Tazir
• 25 year where qisas is no applicable

Proof of Qatl-i-Amd liable to Qisias – 304

• Voluntarily and tree confession
• Evidence as provided in article 17 of QSO

Where Qatl I Amd not liable to Qisais – 306

• Offender is minor or insane
• Offender causes death of his child, grandchild etc.
• Wali of victim is direct descendent (husband kill wife and daughter is wali of wife)

Where Qisas for Qatl I Amd shall not be enforced – 307

• Where offender dies
• Wali waves right or compound
• Where right of qisas devolves on offender

Waiver or AFW of qisas in Qatl I Amd

• Adult and sane wali
• Any time during trial or after trial at appeal stage etc
• Without compensation

Limitation on AFW/Waive;

• Govt. is wali
• Right of qisas vests in minor or insane

• Where victim has more than 1 wali, anyone of them can waive
• Where more than one victim, wali of one victim can waive his right
• Where more than one offender, wali can waive anyone of them

Compounding or Badl I Sulha – 310

• Adult sane wali
• Any time during trial or at appeal
• Accept badl I sulha and compound qisas

Where wali is minor or insane, value of badl sulha shall not less than diyat

Where Govt. is wali , shall not less than diyat

Badl I sulha may be on demand or deferred date

Tazir after waiver or compounding qisas – 311

• Where all walis do not waive or compound
• Where principle of fisad fil arz is attracted

Court can punish with death, IOL, 10 to 14 year

Essentials of Fisad fil Arz

• Past conduct of person
• Previous conviction
• Brutal or shocking manner in which crime committed
• Outrageous to public conscious
• Honor crime
• Potential danger to community