Q. What are different kinds of punishments under the provisions of Pakistan Penal Code 1860?
1. INTRODUCTION.
In Pakistan, Pakistan Penal Code 1860 is the major criminal law, which defines substantive offences and prescribes their representative punishments. Pakistan Penal Code 1860, on the one hand, describe specific punishment for every offence, and, on other hand, provides almost all types of punishments like Retributive, Reformative and Preventive punishments. Even Islamic punishments have also been provided in Pakistan Penal Code 1860. Object of Islamic punishment is reformation of convicts and not to penalize them in vengeance. (1999 MLD 2450). Section 53 of Pakistan Penal Code 1860 defines several types of punishments for different offences.
2. RELEVANT PROVISION.
Section 53 of Pakistan Penal Code 1860.
3. DEFINITION OF PUNISHMENT.
According To Black’s Law Dictionary.
“Any fine, penalty or confinement inflicted upon a person by the authority of the law and the judgment and sentence of a court, for some crime or offence committed by him for his omission of duty enjoyed by law”.
4. OBJECT OF PUNISHMENT.
The main object of awarding punishments for offences is to create such atmospheres which restrain people doing such offences. Object of Islamic punishment is reformation of convicts and not to penalize them in vengeance. (1999 MLD 2450).
5. KINDS OF PUNISHMENT UNDER SECTION 53 OF PAKISTAN PENAL CODE 1860.
Following are the kinds of punishment as under.
(I).Qisas
(II).Diyat
(III).Arsh
(IV).Daman
(V).Tazir
(VI).Death
(VII).Imprisonment for life.
(VIII). Imprisonment which namely,
(i). Rigorous with hard labour (ii). Simple
(IX). Forfeiture of property
(X). Fine.
(I). QISAS.
Qisas is the 1st punishment which has been provided in Section 53 of Pakistan Penal Code 1860.
(i). Meaning of Qisas.
Qisas means, “To copy the other”.
(ii). Definition of Qisas Under Section 299(K) of Pakistan Penal Code 1860.
“Qisas means punishment by causing similar hurt at the same part of the body of the convict as he has caused to the victim or by causing his death if he has committed Qatl-i-amd in exercise of the right of the victim or Wali”.
(iii). Right of Victim or His/her Heirs.
Qisas is right of victim or his/her heirs. However, this right is executed by state.
(iv). Application of Qisas.
In cases of Qatl-i-Amd and Itlaf-i-Udw, Itlaf-i-Salaiyat-i-Udw and Shajjah-Mudihah, qisas is applicable.
(v). Exception of Qisas.
There are four cases in which qisas are not applicable on the offender.
(a). Death of Offender.
Where the offender dies before the enforcement of qisas.
(b). Waiver by Wali.
Where right of qisas is waived by any Wali.
(c). Right of qisas devolves on offender.
When the right of qisas devolves on the offender on result of the death of the Wali of the victim.
(d). Wali has no right of qisas.
Where right of qisas devolves on the person who has no right of qisas against the offender e.g. the son cannot enforce qisas his father.
(vi). Qisas under Quran.
Surah-Al-Maida Verse No. 243.
“The life for the life, and the eye for the eye and nose for the nose and the ear for the ear and tooth for the tooth and wounds for equal to equal”.
(II). DIYAT.
Diyat is the 2nd punishment, which has been provided in Section 53 of Pakistan Penal Code 1860.
(i). Meaning of Diyat.
“Diyat means a compensation which is payable to the heirs the victim by the offender as bloodshed”.
(ii). Definition of Diyat Under Section 299(e) of Pakistan Penal Code 1860.
“Diyat means compensation specified in section 323 payable to the heirs of the Victim”.
In the definition the words “heirs of the 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.
(iii). Simple Definition of Diyat.
“Diyat means financial compensation, which is paid to heirs of a victim by offender”.
(iv). Right of Diyat.
Diyat is right of only heirs of a victim, who has been killed.
(v). Value of Diyat.
According to Pakistan Penal Code 1860, court fixes amount of Diyat. Such amount should not be less than the value of 30630 Grams of Silver and should be fixed by keeping in view financial position of both the offender and victim’s heirs.
(vi). Addition to Punishment of Diyat.
Court can award imprisonment in addition to punishment of Diyat. (PLD 1999 Lah. 262). Diyat under Section 53 of Pakistan Penal Code 1860, is punishment and provisions of Section 299(e) of Pakistan Penal Code 1860, and Section 323 of Pakistan Penal Code 1860, manifest that amount of diyat is to be fixed by Court. (PLD 2010 S.C 695).
(v). Executive Magistrate.
Offences punishable with imprisonment for a term not exceeding 3 years triable by Executive Magistrate. ( PLJ 1998 S.C. 27).
(III). ARSH.
Arsh is the 3rd punishment which has been provided in Section 53 of Pakistan Penal Code 1860.
(i). Meaning of Arsh.
“Arsh means a compensation which is payable by the offender to the victim or his heris”.
(ii). Definition of Arsh Under Section 299(b) of Pakistan Penal Code 1860.
“Arsh means the compensation specified in this Chapter to be paid to the victim of his heirs in this Chapter”.
(iii). Simple Definition of Arsh.
“Arsh means specified monetary compensation, which is awarded through order of court, and is given to victim or heirs of victim by an offender”.
(iv). Enforcement of Arsh.
According to Pakistan Penal Code 1860, Arsh is enforceable in most of hurt cases.
(v). Value of Arsh.
Under Pakistan Penal Code 1860, value of Arsh is assessed at certain percentage of value of Diyat. The reality is that such percentage is different for commission of different hurts.
(vi). Payment of Arsh.
The Arsh will be payable in Lump Sum or in installments spreading over 3 years from the date of final judgment.
(v). Time for paying Arsh.
The Arsh shall be payable within the time specified by court and the offender may be kept in jail to secure simple imprisonment until the Arsh is paid in full. The court may release a convict on bail, if the furnishes security equal to amount of Arsh to the satisfaction of court for its payment. If the convict dies before payment of Arsh, it shall be recovered from his estate.
(vi). Confession.
Rule of prudence in criminal cases that the court before convicting an accused person solely on the basis of his retracted confession must satisfy itself that the confession is voluntary and true and further look for some other independent piece of direct or circumstantial evidence. ( 1995 PSC 813).
(IV). DAMAN.
Daman is the 4rth punishment, which has been provided in Section 53 of Pakistan Penal Code 1860.
(i).Meaning of Daman.
“Daman means price or similar thing”.
(ii). Definition of Daman Under Section 299(d) of Pakistan Penal Code 1860.
“Daman means the compensation determined by the court to be paid by the offender to the victim for causing hurt not liable to Arsh”.
The word Daman is actually Dhman. It is compensation payable by the offender to the victim for causing hurt not liable to Arsh, as determined by court. Daman is ordered for injuries where punishment of Arsh is not available.
(iii). Punishment against hurt.
Daman is enforced against causing a hurt, which is not liable to Arsh.
(iv). Payment of Daman.
Daman is to be paid by offender to victim.
(v). Value of Daman.
The value of Daman may be determined by the court keeping in view.
(a). The expenses incurred on the treatment of victim
(b). Loss or disability caused in the functioning or power of any organ; and
(c). The compensation for the anguish suffered by the victim.(Section 337-Y(1)).
(vi). Consequence of Non-Payment of Daman.
In case of non-payment of Daman, it shall be recovered from the convict and until Daman is paid to full to the extent of his liability, the convict may be kept in jail and dealt within same manner as if sentenced to simple imprisonment. (Section 337(2)).
(vii). Release of Offender.
The offender may be released on bail if he furnishes security equal to the amount of Daman to the satisfaction of court.
(V). TAZIR.
Tazir is the 5th punishment, which has been provided in section 53 of Pakistan Penal Code 1860.
(i). Definition of Tazir Under Section 299(l) of Pakistan Penal Code 1860.
“Tazir means punishment other than Qisas, Diyat, Arsh or Daman,”
(ii). Discretionary Punishment.
Tazir is a kind of discretionary punishment.
(iii). Application of Tazir.
Tazir is applicable to cases of theft, zina, lian, drinking and so on.
(iv). Infliction of Tazir.
Tazir may be inflicted by imposition of fine, scourging, imprisonment etc. It is the punishment which is left to the discretion of Qadi or Judge.
(VI). DEATH.
Death is the 6th punishment, which has been provided in Section 53 of Pakistan Penal Code 1860.
(i). Definition of Death.
“Death is that punishment through which sentence to death is awarded against offender”.
(ii). Grave Punishment.
Death is a grave punishment, which has been provided under Pakistan Penal Code 1860.
(iii). Application of Death.
Sentence to death can be awarded in cases of some kinds of Murder, Kidnapping, Rape, and Abducting of a person under age of 14 years and so on.
(iv). Offences in which death may be awarded.
(a). Waging war against Pakistan.
(b). Murder.
(c). Hijacking.
(d). Dacoity accompanied with murder.
(VII). IMPRISONMENT FOR LIFE.
Imprisonment for life is the 7th punishment, which has been provided in Section 53 of Pakistan Penal Code 1860.
Imprisonment for life is the second highest form of punishment as specified in Pakistan Penal Code.
(i). Definition of Imprisonment for Life.
“Imprisonment for life means confinement of offender for remaining period of natural life of offender”.
(ii). Maximum Period For Imprisonment For Life.
Maximum period, which has been provided in Pakistan Penal Code 1860 for life imprisonment, is 25 years.
(iii). Application of Imprisonment For Life.
Pakistan Penal Code 1860 has mentioned a number of offences against which imprisonment for life can be awarded.
(iv). Commutation of Life Sentence.
In Pakistan Penal Code 1860, provision has been provided for commutation of life sentence.
(v). Offences in Which Imprisonment for Life can be Awarded.
(a). Sedition.
(b). Punishment for murder.
(c). Kidnapping.
(d). Dacoity with murder.
(VIII). IMPRISONMENT.
Imprisonment is the 8th punishments, which has been provided in section 53 of Pakistan Penal Code 1860.
(i). Definition of Imprisonment.
“Imprisonment means confinement of offender”.
(ii). Term Punishment.
Under Pakistan Penal Code 1860, term of imprisonment varies according to offence.
(iii). Kinds of Imprisonment.
There are 2 kinds of imprisonment.
(a). Rigorous Imprisonment.
In the case of Rigorous Imprisonment the offender is put to hard labour, such as grinding the cord, drawing water digging earth, cutting fire woods etc.
(b). Simple Imprisonment.
In the case of simple imprisonment, the offender is confined in jail and is not put to any kind of work.
(iv). Difference Between Rigorous & Simple Imprisonment.
Main difference between rigorous and simple imprisonment is that convict has to do hard labour in case of rigorous imprisonment.
(v). Duration of Punishment.
The maximum period of punishment that can be awarded for an offence is 14 years (section 55). The shortest term provided for an offence is 24 hours but the minimum is unlimited.
(IX). FORFEITURE OF PROPERTY.
Forfeiture of property has been the 9th punishment, which is provided in section 53 of Pakistan Penal Code 1860.
(i). Definition of Forfeiture of Property.
“Forfeiture of property means deprivation of property, which a convict suffers due the commission of some crime”.
(ii). Punishment of the following cases.
(a). Whoever commits or prepare to commit depredation on the territories of any power at peace with Government shall be liable in addition to other punishments, to forfeiture of any property used, or intended to be used in depredation or acquired thereby (section 126).
(b). Whoever knowingly receivers property taken as above mentioned or in waging war against any Asiatic power at peace with court shall be liable to forfeit such property (section 127).
(X). FINE.
Fine is the 10th punishment, which has been provided in section 53 of Pakistan Penal Code 1860.
(i). Definition of Fine.
“Pakistan Penal Code 1860 has provides fine as a monetary punishment against various offences”.
(ii). Enforcement.
In some cases, fine is enforced as independent penalty, in other cases, it is also along with another penalties.
(iii).Amount of Fine.
Amount of fine varies with offences however, it has been provided in Pakistan Penal Code that where no sum is expressed to which a fine may extend, amount of fine, to which offender is liable, is unlimited but should not be excessive.
(iv). Non-Payment of Fine.
Punishment for non-payment of fine has also been in Pakistan Penal Code 1860.
Case Law.
PLD 2008 Lah. 497 p. 509.
The sentence of fine carried with it the consequences of imprisonment in case the accused fails to pay the fine.
(v). Explanation of Fine.
The punishment of fine may also be given along with other punishment on the commission of any offence. It is as much a punishment as Diyat, Arsh or Daman. It is the only punishment provided for in Sections 137, 154, 155, 156, 171G, 171H, 171I, 278, 283, 290 & 294A.
6. CONCLUSION.
The pith and marrow of all the previous discussion there is no iota untruth shows that the main aim of criminal justice is to punish the wrongdoer. To fulfill this aim section 53 of Pakistan Penal Code 1860 provides various kinds of punishment which are discussed above.
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