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
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