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October 21, 2016

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


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