Q. Write a detail note on Daman.
1.INTRODUCTION.
Islam has provided concept of discretionary punishments. Among the punishments, which Islam has provided, discretionary punishments are the broadest category of punishments and are the most flexible types of punishment. Fine is one these discretionary punishments and Daman is a kind of fine under Pakistan Penal Code 1860.
2. RELEVANT PROVISIONS.
Sections 299(d), 337-F, 337-G, 337-H, 337-I, 337-J, 337-K, 337-L, 337 Y-1, & 337-Z of Pakistan Penal Code 1860 are deal the offences related to Daman.
3. MEANING OF DAMAN.
Daman means a compensation which is paid by offender to victim.
4. DEFINITION OF DAMAN UNDER SECITON 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.
5. OFFENCES WHERE DAMAN IS AWARDED UNDER PAKISTAN PENAL CODE 1860.
Punishment of Daman is awarded only in cases of hurt. We see them one by one.
(I). Punishment of Ghayr-Jaifah Under Section 337-F of Pakistan Penal Code 1860.
Whoever by doing any act with the intention of causing hurt to any person, or with the knowledge that he is likely to cause hurt to any person, causes:-
(i). Damihah to any person, shall be liable to Daman and may also be punished with imprisonment of either description for a term which may extend to 1 year as Tazir;
(ii). Badi'ah to any person, shall be liable to Daman and may also be punished with imprisonment of either description for a term which may extend to 3 years as Tazir;
(iii). Mutafahimah to any person, shall be liable to Daman and may also be punished with imprisonment of either description for a term which may extend to 3 years as Tazir;
(iv). Mudihah to any person, shall be liable to Daman and may also be punished with imprisonment of either description for a term which may extend to 5 years as Tazir;
(v). Hashimah to any person, shall be liable to Daman and may also be punished with imprisonment of either description for a term which may extend to 5 years as tazir, and
(vi). Munaqqilah to any person, shall be liable to Daman and may also be punished with imprisonment of either description for a term which may extend to 7 years as Tazir.
(II). Punishment For Hurt By Rash Or Negligent Driving Under Section 337-G of Pakistan Penal Code 1860.
Whoever causes hurt by rash or negligent driving shall be liable to Arsh or Daman specified for the kind of hurt caused and may also be punished with imprisonment of either description for a term which may extend to 5 years as Tazir.
(III). Punishment for hurt by rash or negligent act Under Section 337-H of Pakistan Penal Code 1860.
(1). Whoever causes hurt by rash or negligent act, other than rash or negligent driving, shall be liable to arsh or daman specified for the kind of hurt caused and may also be punished with imprisonment of either description for a term which may extend to 3 years as Tazir.
(2). Whoever does any act so rashly or negligently as to endanger human life or the personal safety of other, shall be punished with imprisonment of either-description for a term which may extend to 3 months, or with fine, or with both.
(IV). Punishment For Causing Hurt By Mistake (Khata) Under Section 337- I of Pakistan Penal Code 1860.
Whoever causes hurt by mistake (khata) shall be liable to arsh or daman specified for the kind of hurt caused.
(V). Causing Hurt By Mean of A Poison Under Section 337-J of Pakistan Penal Code 1860.
Whoever administers to or causes to be taken by, any person, any poison or any stupefying, intoxicating or unwholesome drug, or such other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence, or knowing it to be likely that he will thereby cause hurt may, in addition to the punishment of daman provided for the kind of hurt caused, be punished, having regard to the nature of the hurt caused, with imprisonment of either description for a term which may extend to 10 years.
(VI). Causing Hurt To Extort Confession, Or To Compel Restoration of Property Under Section 337-K of Pakistan Penal Code 1860.
Whoever causes hurt for the purpose of extorting from the sufferer or any person interested in the sufferer any confession or any information which may lead to the detection of any offence or misconduct, or for the purpose of constraining the sufferer, or any person interested in the sufferer, to restore, or to cause the restoration of, any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property, or valuable security shall, in addition to the punishment of Qisas, Arsh or Daman, as the case may be, provided for the kind of hurt caused, be punished, having regard to the nature of the hurt caused, with imprisonment of either description for a term which may extend to 10 years as Tazir.
(VII). Punishment For Other Hurt Under Section 337-L of Pakistan Penal Code 1860.
(1). Whoever causes hurt, not mentioned hereinbefore, which endangers life or which causes the sufferer to remain in severe bodily pain for twenty days or more or renders him unable to follow his ordinary pursuits for 20 days or more, shall be liable to Daman and also be punished with imprisonment of either description for a term which may extend to 7 years.
(2). Whoever causes hurt not covered by sub-section (1) shall be punished with imprisonment of either description for a term which may extend to 2 years, or with Daman, or with both.
6. VALUE OF DAMAN UNDER SECTION 337-Y OF PAKISTAN PENAL CODE 1860.
(1). 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.
(2). In case of non-payment of Daman, it shall be recovered from the convict and until daman is paid in full to the extent of his liability, the convict may be kept in jail and dealt with in the same manner as if sentenced to simple imprisonment or may be released on bail if he furnishes security equal to the amount of daman to the satisfaction of the Court.
7. DISBURSEMENT OF DAMAN UNDER SECTION 337-Z OF PAKISTAN PENAL CODE 1860.
Daman shall be payable to the victim or, if the victim dies, to his heirs according to their respective shares in inheritance.
8. CONCLUSION.
The pith and marrow of all the previous discussion there is no iota untruth shows that Daman is the kind of fine. It is paid to the victim under Pakistan Penal Code 1860. Fine is one these discretionary punishments and Daman is a kind of fine under Pakistan Penal Code 1860.
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