What are the kinds of and punishment for Hurt is provided under Qisas and Diyat Ordinance?
1.INTRODUCTION.
Causing of hurt to another person is an offence under Pakistan Penal Code. Hurt is harm caused to human body other than death. In Pakistan Penal Code five kinds of hurt are provided wherein various organs and parts of human body have been separately defined. In Qatl victim is to deprive of his life but in case of hurt he is to suffer bodily harm other than death.
2. RELEVANT PROVISIONS.
Sections 332 to 337 are deal the term hurt under Pakistan Penal Code 1860.
3. MEANING OF HURT.
(I). In Literal Sense.
“Hurt means to cause physical pain to somebody or yourself”.
(II). In Legal Sense.
“Harm caused to human body other than death”.
(III). According to Marriam Webster Dictionary.
“To cause damage, distress or harm to another person either physically, mentally or emotionally.”
4. DEFINITION OF HURT UNDER SECTION 332(1) OF PAKISTAN PENAL CODE 1860.
“Whoever causes pain, harm, disease infirmity, or injury to any person of impairs, disables, or dismembers any organ of the body or part thereof of any person without causing his death, is said to cause hurt”.
5. INGREDIENTS OF HURT UNDER SECTION 332(1) OF PAKISTAN PENAL CODE 1860.
Following are the ingredients of hurt as under;
(i). Causing to any person.
(ii). Pain, harm, disease, infirmity or injury.
(iii). Impairing, disabling or dismembering any organ of the body.
(iv). Without causing death.
6. KINDS OF HURT UNDER SECTION 332(2) OF PAKISTAN PENAL CODE 1860.
Following are the kinds of hurt under Pakistan Penal Code 1860 as under.
(A). ITLAF-I-UDW.
(I). Meaning of Itlaf-i-Udw.
“The word Itlaf means to destroy” and “the word Udw means limb or organ”. “Itlaf-i-Udw means to dismember, amputate or severe any limb or organ of body”.
1.INTRODUCTION.
Causing of hurt to another person is an offence under Pakistan Penal Code. Hurt is harm caused to human body other than death. In Pakistan Penal Code five kinds of hurt are provided wherein various organs and parts of human body have been separately defined. In Qatl victim is to deprive of his life but in case of hurt he is to suffer bodily harm other than death.
2. RELEVANT PROVISIONS.
Sections 332 to 337 are deal the term hurt under Pakistan Penal Code 1860.
3. MEANING OF HURT.
(I). In Literal Sense.
“Hurt means to cause physical pain to somebody or yourself”.
(II). In Legal Sense.
“Harm caused to human body other than death”.
(III). According to Marriam Webster Dictionary.
“To cause damage, distress or harm to another person either physically, mentally or emotionally.”
4. DEFINITION OF HURT UNDER SECTION 332(1) OF PAKISTAN PENAL CODE 1860.
“Whoever causes pain, harm, disease infirmity, or injury to any person of impairs, disables, or dismembers any organ of the body or part thereof of any person without causing his death, is said to cause hurt”.
5. INGREDIENTS OF HURT UNDER SECTION 332(1) OF PAKISTAN PENAL CODE 1860.
Following are the ingredients of hurt as under;
(i). Causing to any person.
(ii). Pain, harm, disease, infirmity or injury.
(iii). Impairing, disabling or dismembering any organ of the body.
(iv). Without causing death.
6. KINDS OF HURT UNDER SECTION 332(2) OF PAKISTAN PENAL CODE 1860.
Following are the kinds of hurt under Pakistan Penal Code 1860 as under.
(A). ITLAF-I-UDW.
(I). Meaning of Itlaf-i-Udw.
“The word Itlaf means to destroy” and “the word Udw means limb or organ”. “Itlaf-i-Udw means to dismember, amputate or severe any limb or organ of body”.
(II). Definition of Itlaf-i-Udw Under Section 333 of Pakistan Penal Code 1860.
“Whoever dismembers, amputates severs any limb or organ of the body of another person is said to cause Itlaf-i-Udw”.
(III). Explanation.
There are some those organs of human body, the impairing, disabling or dismembering of which creates a new offence. In such organs, eyes, nose, ears, tongue, foot, hair of head are included. If these organs of the body has been made impaired, disabled or dismembered then this offence will be declared the offence of Itlaf-i-Udw.
(IV). Punishment For Itlaf-i-Udw Under Section 334 of Pakistan Penal Code 1860.
(i).Punishment of Qisas.
Whoever by doing an act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person causes Itlaf-i-Udw of any person shall be punished with Qisas.
(a). Execution of Punishment.
The punishment of Qisas shall be executed in consultation with authorized medical officer.
(ii). Punishment of Arsh.
If the punishment of Qisas is not executable by keeping in view the principles of equality in accordance with the injunctions of Islam, the offender shall be liable to an Arsh which may extend to 10 years as Tazir.
(B). ITLAF-I-SALAHIYYAT-I-UDW.
(I). Meaning Of Itlaf-i-Salahiyat-i-Udw.
“Causing permanent disfigurement of some organ.”
(II).Definition of Itlaf-i-Salahiyyat-i-Udw Under Section 335 of Pakistan Penal Code 1860.
“Whoever destroys or permanently impairs the functioning power or capacity of an organ of the body of another person, or, causes permanent disfigurement is said to cause Itlaf-i-Salahiyyat-Udw”.
(III). Explanation.
If any organ of human body has not been made destroy or useless but the functioning power or capacity of such organ is destroyed or impaired or permanently disfigured then such offence will be said the offence of Itlaf-i-Salahhiyat-i-Udw.
(IV). Punishment For Itlaf-i-Salahhiyat-i-Udw Under Section 336 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 Itlaf-i-Aalahiyyat-i-Udw of any person, in consultation with the authorized medical officer, be punished with qisas and if the qisas is not executable, keeping in view the principles of equality in accordance with the Injunctions of Islam, the offender shall be liable to arsh and may also be punished with imprisonment of either description for a term which may extend to 10 years as tazir.
(V). Hurt Caused By Corrosive Substance Under Section 336-A of Pakistan Penal Code.
Whoever with the intention or knowingly cause or attempts to cause hurt by means of corrosive substance or any substance which is deleterious to human body when it is swelled, inhaled, come into contact or received into human body or otherwise shall be said to cause hurt by corrosive substance.
Explanation.
In this section, unless the context otherwise requires, “corrosive substance ” means a substance which may destroy, cause hurt, deface or dismember any organ of the human body and includes every kind of acid, poison, explosive or explosive substance, heating substance, noxious thing, arsenic or any other chemical which has a corroding effect and which is deleterious to human body.
(VI). Punishment For Hurt By Corrosive Substance Under Section 336-B of Pakistan Penal Code 1860.
Whoever causes hurt by corrosive substance shall be punished with imprisonment for life or imprisonment of either description which shall not be less than 14 years and a minimum fine of 1 million rupees.
(C). SHAJJAH.
(I). Meaning of Shajjah.
“Shajjah is an Arabic word which means injuries on head or face”.
“Whoever dismembers, amputates severs any limb or organ of the body of another person is said to cause Itlaf-i-Udw”.
(III). Explanation.
There are some those organs of human body, the impairing, disabling or dismembering of which creates a new offence. In such organs, eyes, nose, ears, tongue, foot, hair of head are included. If these organs of the body has been made impaired, disabled or dismembered then this offence will be declared the offence of Itlaf-i-Udw.
(IV). Punishment For Itlaf-i-Udw Under Section 334 of Pakistan Penal Code 1860.
(i).Punishment of Qisas.
Whoever by doing an act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person causes Itlaf-i-Udw of any person shall be punished with Qisas.
(a). Execution of Punishment.
The punishment of Qisas shall be executed in consultation with authorized medical officer.
(ii). Punishment of Arsh.
If the punishment of Qisas is not executable by keeping in view the principles of equality in accordance with the injunctions of Islam, the offender shall be liable to an Arsh which may extend to 10 years as Tazir.
(B). ITLAF-I-SALAHIYYAT-I-UDW.
(I). Meaning Of Itlaf-i-Salahiyat-i-Udw.
“Causing permanent disfigurement of some organ.”
(II).Definition of Itlaf-i-Salahiyyat-i-Udw Under Section 335 of Pakistan Penal Code 1860.
“Whoever destroys or permanently impairs the functioning power or capacity of an organ of the body of another person, or, causes permanent disfigurement is said to cause Itlaf-i-Salahiyyat-Udw”.
(III). Explanation.
If any organ of human body has not been made destroy or useless but the functioning power or capacity of such organ is destroyed or impaired or permanently disfigured then such offence will be said the offence of Itlaf-i-Salahhiyat-i-Udw.
(IV). Punishment For Itlaf-i-Salahhiyat-i-Udw Under Section 336 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 Itlaf-i-Aalahiyyat-i-Udw of any person, in consultation with the authorized medical officer, be punished with qisas and if the qisas is not executable, keeping in view the principles of equality in accordance with the Injunctions of Islam, the offender shall be liable to arsh and may also be punished with imprisonment of either description for a term which may extend to 10 years as tazir.
(V). Hurt Caused By Corrosive Substance Under Section 336-A of Pakistan Penal Code.
Whoever with the intention or knowingly cause or attempts to cause hurt by means of corrosive substance or any substance which is deleterious to human body when it is swelled, inhaled, come into contact or received into human body or otherwise shall be said to cause hurt by corrosive substance.
Explanation.
In this section, unless the context otherwise requires, “corrosive substance ” means a substance which may destroy, cause hurt, deface or dismember any organ of the human body and includes every kind of acid, poison, explosive or explosive substance, heating substance, noxious thing, arsenic or any other chemical which has a corroding effect and which is deleterious to human body.
(VI). Punishment For Hurt By Corrosive Substance Under Section 336-B of Pakistan Penal Code 1860.
Whoever causes hurt by corrosive substance shall be punished with imprisonment for life or imprisonment of either description which shall not be less than 14 years and a minimum fine of 1 million rupees.
(C). SHAJJAH.
(I). Meaning of Shajjah.
“Shajjah is an Arabic word which means injuries on head or face”.
(II). Definition of Shajjah Under Section 337(1) Of Pakistan Penal Code 1860.
“Whoever causes, on the head or face of any person, any hurt which does not amount to Itlaf-i-Udw or Itlaf-i-Salahhiyat-i-Udw, is said to cause Shajjah”.
(III). Explanation.
In Islamic Law there is separate punishment for causing injuries on head or face. If injury caused on the face or head of a person is of such a nature which does not fall within the definition of Itlaf-i-Udw or Itlaf-i-Salahhiyat-i-Udw, then such hurt will be called Shajjah.
(VI). Kinds of Shajjah Under Section 337(2) Under Pakistan Penal Code 1860.
There are 6 kinds of Shajjah provided in section 337(2) elaborating different types of injuries on head or face.
(i).Shajjah-i-Khafifah.
Shajjah-i-Khafifah means simple hurt by any weapon on head or face, without exposing any bone of the victim.
(a). Punishment of Shajjah-i-Khafifah Under Section 337A(i) Under Pakistan Penal Code 1860.
Shajjah-i-Khafifah 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 2 years as Tazir.
“Whoever causes, on the head or face of any person, any hurt which does not amount to Itlaf-i-Udw or Itlaf-i-Salahhiyat-i-Udw, is said to cause Shajjah”.
(III). Explanation.
In Islamic Law there is separate punishment for causing injuries on head or face. If injury caused on the face or head of a person is of such a nature which does not fall within the definition of Itlaf-i-Udw or Itlaf-i-Salahhiyat-i-Udw, then such hurt will be called Shajjah.
(VI). Kinds of Shajjah Under Section 337(2) Under Pakistan Penal Code 1860.
There are 6 kinds of Shajjah provided in section 337(2) elaborating different types of injuries on head or face.
(i).Shajjah-i-Khafifah.
Shajjah-i-Khafifah means simple hurt by any weapon on head or face, without exposing any bone of the victim.
(a). Punishment of Shajjah-i-Khafifah Under Section 337A(i) Under Pakistan Penal Code 1860.
Shajjah-i-Khafifah 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 2 years as Tazir.
(ii). Shajjah-i-Mudihah.
It means simple hurt by any weapon on head or face where though bone is exposed but no fracture is caused.
(a). Punishment of Shajjah-i-Mudihah Under Section 337A(ii) of Pakistan Penal Code 1860.
Shajjah-i-Mudihah to any person, shall, in consultation with the authorized medical officer, be punished with qisas, and if the qisas is not executable keeping in view the principles of equality in accordance with the Injunctions of Islam, the convict shall be liable to arsh which shall be 5% of the diyat and may also be punished with imprisonment of either description for a term which may extend to 5 years as tazir.
(iii). Shajjah-i-Hashimah.
It is grievous hurt by any weapon on head or face, resulting in fracture of bone of victim without dislocating it.
(a). Punishment of Shajjah-i-Hashimah Under Section 337A(iii) of Pakistan Penal Code 1860.
Shajjah-i-Hashimah to any person, shall be liable to arsh which shall be 10% of the diyat and may also be punished with imprisonment of either description for a term which may extend to 10 years as tazir.
(iv). Shajjah-i-Munaqqilah.
It is a grievous hurt by any weapon, on head or face, resulting in fracture and dislocation of bone of victim.
(a). Punishment of Shajjah-i-Munaqqliah Under Section 337A(iv) of Pakistan Penal Code 1860.
Shajjah-i-Munaqqilah to any person shall be liable to Arsh which shall be 15% of the Diyat and may also be punished with imprisonment of either description for a term which may extend to 10 years as Tazir.
(v). Shajjah-i-Ammah.
It is grievous hurt by any weapon causing fracture of the skull of the victim, where wound touches the membrane of the brain.
(a). Punishment of Shajjah-i-Ammah Under Section 337A(v) of Pakistan Penal Code 1860.
Shajjah-i-Ammah to any person, shall be liable to arsh which shall be 1/3 of the diyat and may also be punished with imprisonment of either description for a term which may extend to 10 years as tazir.
(vi). Shajjah-i-Damighah.
It is grievous hurt by any weapon causing fracture of the skull of the victim and the wound ruptures the membrane of the brain.
(a). Punishment of Shajjah-i-Damighah Under Section 337A(vi) of Pakistan Penal Code 1860.
Shajjah-i-Damighah to any person shall be liable to Arsh which shall ½ of the Diyat and may also be punished of either description for a term which may extend to 14 years as Tazir.
(D). JURH.
Jurh is derived from the word Jarooh which means injury. The word Jurh is used for injuries on human body other than injuries on head or face.
(I). Definition of Jurh Under Section 337-B(1) Of Pakistan Penal Code 1860.
“Whoever causes on any part of the body of a person, other than the head or face a hurt which leaves a mark of the wound, whether temporary or permanent, is said to cause jurh”.
(II). Kinds of Jurh Under Section 337-B(2).
There are two kinds of jurh under Pakistan Penal Code 1860.
(i). Jaifah.
Jaifah means injury which extends in the body cavity of the trunk.
(a). Definition of Jaifah Under Section 337-C of Pakistan Penal Code 1860.
“Whoever causes jurh in which the injury expends to the body cavity of the trunk, is said to cause jaifah”.
(b). Punishment of Jaifah Under Section 337-D of Pakistan Penal Code 1860.
Whoever by doing any act with the intention of causing hurt to a person with the knowledge that he is likely to cause hurt to such person, causes Jaifah to such person, shall be liable to arsh which shall be 1/3 of the diyat and may also be punished with imprisonment of either description for term which may extend to 10 years as tazir.
(ii). Ghyar-i-Jaifah.
Ghyar-i-Jaifah means injury which does not amount to jaifah.
(a). Definition of Jaifah Under Section 337-E(1) of Pkistan Penal Code 1860.
“The person causing jurh which does not amount to jaifah, is said to cause Ghayr-i-jaifah”.
(b).Kinds of Ghayr-i-Jaifah Under Section 337(2) of Pakistan Penal Code 1860.
(i). Damihah.
(ii). Badi’ah.
(iii). Mutalahimah.
(iv). Mudihah.
(v). Hashimah.
(vi). Munaqqillah.
It means simple hurt by any weapon on head or face where though bone is exposed but no fracture is caused.
(a). Punishment of Shajjah-i-Mudihah Under Section 337A(ii) of Pakistan Penal Code 1860.
Shajjah-i-Mudihah to any person, shall, in consultation with the authorized medical officer, be punished with qisas, and if the qisas is not executable keeping in view the principles of equality in accordance with the Injunctions of Islam, the convict shall be liable to arsh which shall be 5% of the diyat and may also be punished with imprisonment of either description for a term which may extend to 5 years as tazir.
(iii). Shajjah-i-Hashimah.
It is grievous hurt by any weapon on head or face, resulting in fracture of bone of victim without dislocating it.
(a). Punishment of Shajjah-i-Hashimah Under Section 337A(iii) of Pakistan Penal Code 1860.
Shajjah-i-Hashimah to any person, shall be liable to arsh which shall be 10% of the diyat and may also be punished with imprisonment of either description for a term which may extend to 10 years as tazir.
(iv). Shajjah-i-Munaqqilah.
It is a grievous hurt by any weapon, on head or face, resulting in fracture and dislocation of bone of victim.
(a). Punishment of Shajjah-i-Munaqqliah Under Section 337A(iv) of Pakistan Penal Code 1860.
Shajjah-i-Munaqqilah to any person shall be liable to Arsh which shall be 15% of the Diyat and may also be punished with imprisonment of either description for a term which may extend to 10 years as Tazir.
(v). Shajjah-i-Ammah.
It is grievous hurt by any weapon causing fracture of the skull of the victim, where wound touches the membrane of the brain.
(a). Punishment of Shajjah-i-Ammah Under Section 337A(v) of Pakistan Penal Code 1860.
Shajjah-i-Ammah to any person, shall be liable to arsh which shall be 1/3 of the diyat and may also be punished with imprisonment of either description for a term which may extend to 10 years as tazir.
(vi). Shajjah-i-Damighah.
It is grievous hurt by any weapon causing fracture of the skull of the victim and the wound ruptures the membrane of the brain.
(a). Punishment of Shajjah-i-Damighah Under Section 337A(vi) of Pakistan Penal Code 1860.
Shajjah-i-Damighah to any person shall be liable to Arsh which shall ½ of the Diyat and may also be punished of either description for a term which may extend to 14 years as Tazir.
(D). JURH.
Jurh is derived from the word Jarooh which means injury. The word Jurh is used for injuries on human body other than injuries on head or face.
(I). Definition of Jurh Under Section 337-B(1) Of Pakistan Penal Code 1860.
“Whoever causes on any part of the body of a person, other than the head or face a hurt which leaves a mark of the wound, whether temporary or permanent, is said to cause jurh”.
(II). Kinds of Jurh Under Section 337-B(2).
There are two kinds of jurh under Pakistan Penal Code 1860.
(i). Jaifah.
Jaifah means injury which extends in the body cavity of the trunk.
(a). Definition of Jaifah Under Section 337-C of Pakistan Penal Code 1860.
“Whoever causes jurh in which the injury expends to the body cavity of the trunk, is said to cause jaifah”.
(b). Punishment of Jaifah Under Section 337-D of Pakistan Penal Code 1860.
Whoever by doing any act with the intention of causing hurt to a person with the knowledge that he is likely to cause hurt to such person, causes Jaifah to such person, shall be liable to arsh which shall be 1/3 of the diyat and may also be punished with imprisonment of either description for term which may extend to 10 years as tazir.
(ii). Ghyar-i-Jaifah.
Ghyar-i-Jaifah means injury which does not amount to jaifah.
(a). Definition of Jaifah Under Section 337-E(1) of Pkistan Penal Code 1860.
“The person causing jurh which does not amount to jaifah, is said to cause Ghayr-i-jaifah”.
(b).Kinds of Ghayr-i-Jaifah Under Section 337(2) of Pakistan Penal Code 1860.
(i). Damihah.
(ii). Badi’ah.
(iii). Mutalahimah.
(iv). Mudihah.
(v). Hashimah.
(vi). Munaqqillah.
(i). Damihah.
It is an injury with any weapon on any part of body except head or face in which skin is ruptured and bleeding occurs.
It is an injury with any weapon on any part of body except head or face in which skin is ruptured and bleeding occurs.
#. Punishment of Damihah Under Section 337(f)(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.
It means injury with any weapon on any part of body except head or face, by cutting or incising the flesh without exposing the bone.
#. Punishment of Badi’ah Under Section 337(f)(ii) of Pakistan Penal Code 1860.
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). Mutalahimah.
Mutalahimah means injury with any weapon on any part of body except hear or face by lacerating the flesh.
#. Punishment ofMutalahimah Under Section 337(f)(iii) of Pakistan Penal Code 1860.
Mutalahimah 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.
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.
It means injury with any weapon on any part of body except head or face, by cutting or incising the flesh without exposing the bone.
#. Punishment of Badi’ah Under Section 337(f)(ii) of Pakistan Penal Code 1860.
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). Mutalahimah.
Mutalahimah means injury with any weapon on any part of body except hear or face by lacerating the flesh.
#. Punishment ofMutalahimah Under Section 337(f)(iii) of Pakistan Penal Code 1860.
Mutalahimah 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.
It means injury with any weapon on any part of body, except head or face on which bone is exposed.
#. Punishment of Mudihah Under Section 337(f)(iv) of Pakistan Penal Code 1860.
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.
It means injury with any weapon on any part of body, except head or face resulting in fracture of a bone without disclosing it.
#. Punishment of Hashima Under Section 337(f)(v) of Pakistan Penal Code 1860.
Mutalahimah 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.
(vi). Munaqqillah.
It means injury with any weapon on any part of the body except head or face resulting in fracture and dislocation of bone.
#. Punishment of Munaqqillah Under Section 337(f)(vi).
Mutalahimah 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.
(E). PUNISHMENT FOR HURT BY RASH OR NEGLIGENT DRIVING UNDER SECTION 337-G.
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.
(F). PUNISHMENT FOR HURT BY RASH OR NEGLIGENT ACT UNDER SECTION 337-H.
(i). 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.
(ii). 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.
(G). PUNISHMENT FOR CAUSING HURT BY MISTAKE (KHATA) UNDER SECTION 337-I
Whoever causes hurt by mistake (Khata) shall be liable to arsh or daman specified for the kind of hurt caused.
It means injury with any weapon on any part of body, except head or face on which bone is exposed.
#. Punishment of Mudihah Under Section 337(f)(iv) of Pakistan Penal Code 1860.
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.
It means injury with any weapon on any part of body, except head or face resulting in fracture of a bone without disclosing it.
#. Punishment of Hashima Under Section 337(f)(v) of Pakistan Penal Code 1860.
Mutalahimah 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.
(vi). Munaqqillah.
It means injury with any weapon on any part of the body except head or face resulting in fracture and dislocation of bone.
#. Punishment of Munaqqillah Under Section 337(f)(vi).
Mutalahimah 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.
(E). PUNISHMENT FOR HURT BY RASH OR NEGLIGENT DRIVING UNDER SECTION 337-G.
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.
(F). PUNISHMENT FOR HURT BY RASH OR NEGLIGENT ACT UNDER SECTION 337-H.
(i). 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.
(ii). 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.
(G). PUNISHMENT FOR CAUSING HURT BY MISTAKE (KHATA) UNDER SECTION 337-I
Whoever causes hurt by mistake (Khata) shall be liable to arsh or daman specified for the kind of hurt caused.
(H). CAUSING HURT BY MEANS OF A POISON UNDER SECTION 337-J.
Whoever administers to, or causes to be taken by, any person, any poison or any stupefying, intoxication 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 be thereby cause hurt may, in addition to the punishment of arsh or 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.
(I). CAUSING HURT TO EXTORT CONFESSION, OR TO COMPEL RESTORATION OF PROPERTY UNDER SECTION 337-K.
Whoever cause hurt for the purpose of extorting from the suffer or any person interested in the suffer any confession or any information which may lead to the detection of any offence or misconduct, or for the purpose of constraining the suffer, or any person interested in the suffer, 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 of 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.
Whoever administers to, or causes to be taken by, any person, any poison or any stupefying, intoxication 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 be thereby cause hurt may, in addition to the punishment of arsh or 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.
(I). CAUSING HURT TO EXTORT CONFESSION, OR TO COMPEL RESTORATION OF PROPERTY UNDER SECTION 337-K.
Whoever cause hurt for the purpose of extorting from the suffer or any person interested in the suffer any confession or any information which may lead to the detection of any offence or misconduct, or for the purpose of constraining the suffer, or any person interested in the suffer, 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 of 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.
(J). PUNISHMENT FOR OTHER HURT UNDER SECTION 337-L.
(1). Whoever causes hurt, not mentioned hereinbefore, which endangers life or which causes the sufferer to remain in serve bodily pain for 20 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.
(K). HURT MAY NOT LIABLE TO QISAS UNDER SECTION 337-M.
(a). When the offender is a minor or insane:
Provided that he shall be liable to arsh and also to tazir to be determined by the Court having regard to the age of offender, circumstances of the case and the nature of hurt caused;
(b). When an offender at the instance of the victim causes hurt to him:
Provided that the offender may be liable to tazir provided for the kind of hurt caused by him;
(c). When the offender has caused itlaf-i-udw of a physically imperfect organ of the victim and the convict does not suffer from similar physical imperfection of such organ:
Provided that the offender shall be liable to arsh and may also be liable to tazir provided for the kind of hurt caused by him; and
(d). When the organ of the offender liable to Qisas is missing.
Provided that the offender shall be liable to arsh and may also be liable to tazir provided for the kind of hurt caused by him.
(L). CASES IN WHICH QISAS FOR HURT SHALL NOT BE ENFORCED UNDER SECTION 337-N OF PAKISTAN PENAL CODE 1860.
(1). The qisas for a hurt shall not be enforced in the following cases, namely
(a). When the offender dies before the execution of Qisas;
(b). When the organ of the offender liable to Qisas is lost before execution of Qisas;
Provided that offender shall be liable to arsh, and may also be liable to tazir provided for the kind of hurt caused by him;
(c). When the victim waives the Qisas or compounds the offence with Badl-i-Sulh; or
(d). When the right of Qisas devolves on the person who cannot claim Qisas against the offender.
(2). Notwithstanding anything contained in this Chapter, in all cases of hurt, the Court may, having regard to the kind of hurt caused by him, in addition to payment to arsh, award tazir to an offender who is a previous convict, habitual or hardened, desperate or dangerous criminal { or the offence has been committed by him in the name or on the pretext of honor}:
{Provided that the Tazir shall not be less than 1/3 of the maximum imprisonment provided for the hurt caused if the offender is a previous convict, habitual, hardened, desperate or dangerous criminal or if the offence has been committed by him in the name or on the pretext of honor}.
(M). WALI IN CASE OF HURT UNDER SECTION 337-O OF PAKISTAN PENAL CODE 1860.
In the case of hurt the wali shall be…
(a). The victim:
Provided that, if the victim is a minor or insane, his right of qisas shall be exercised by his father or paternal grand-father, howhighsoever;
(b). The heirs of the victim, if the later dies before the execution of qisas; and
(c). The Government, in the absence of the victim or the heirs of the victim.
. EXECUTION OF QISAS FOR HURT UNDER SECTION 337-P of PAKISTAN PENAL CODE 1860.
(1). Qisas shall be executed in public by an authorized medical officer who shall before such execution examine the offender and take due care so as to ensure that the execution of qisas does not cause the death of the offender or exceed the hurt caused by him to the victim.
(2). The wali shall be present at the time of execution and if the wali or his representative is not present, after having been informed of the date, time and place by the Court an officer authorized by the Court in this behalf shall give permission for the execution of qisas.
(3). If the convict is a woman who is pregnant, the Court may, in consultation with an authorized medical officer, postpone the execution of qisas up to a period of 2 years after the birth of the child and during this period she may be released on bail on furnishing of security to the satisfaction of the Court or, if she is not so released, shall be dealt with as if sentenced to simple imprisonment.
(O). ARSH FOR SINGLE ORGANS UNDER SECTION 337-Q of PAKISTAN PENAL CODE 1860.
The arsh for causing itlaf of an organ which is found singly in a human body shall be equivalent to the value of diyat.
Explanation.
Nose and tongue are included in the organs which are found singly in a human body.
(P). ARSH FOR ORGANS IN PAIRS UNDER SECTION 337-R OF PAKISTAN PENAL CODE 1860.
The arsh for causing itlaf of organs found in a human body in pairs shall be equivalent to the value of diyat and if itlaf is caused to one of such organs the amount of arsh shall be ½ of the diyat.
Provided that, where the victim has only one such organ or his other organ is missing or has already become incapacitated the arsh for causing itlaf of the existing or capable organ shall be equal to the value of diyat.
(1). Whoever causes hurt, not mentioned hereinbefore, which endangers life or which causes the sufferer to remain in serve bodily pain for 20 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.
(K). HURT MAY NOT LIABLE TO QISAS UNDER SECTION 337-M.
(a). When the offender is a minor or insane:
Provided that he shall be liable to arsh and also to tazir to be determined by the Court having regard to the age of offender, circumstances of the case and the nature of hurt caused;
(b). When an offender at the instance of the victim causes hurt to him:
Provided that the offender may be liable to tazir provided for the kind of hurt caused by him;
(c). When the offender has caused itlaf-i-udw of a physically imperfect organ of the victim and the convict does not suffer from similar physical imperfection of such organ:
Provided that the offender shall be liable to arsh and may also be liable to tazir provided for the kind of hurt caused by him; and
(d). When the organ of the offender liable to Qisas is missing.
Provided that the offender shall be liable to arsh and may also be liable to tazir provided for the kind of hurt caused by him.
(L). CASES IN WHICH QISAS FOR HURT SHALL NOT BE ENFORCED UNDER SECTION 337-N OF PAKISTAN PENAL CODE 1860.
(1). The qisas for a hurt shall not be enforced in the following cases, namely
(a). When the offender dies before the execution of Qisas;
(b). When the organ of the offender liable to Qisas is lost before execution of Qisas;
Provided that offender shall be liable to arsh, and may also be liable to tazir provided for the kind of hurt caused by him;
(c). When the victim waives the Qisas or compounds the offence with Badl-i-Sulh; or
(d). When the right of Qisas devolves on the person who cannot claim Qisas against the offender.
(2). Notwithstanding anything contained in this Chapter, in all cases of hurt, the Court may, having regard to the kind of hurt caused by him, in addition to payment to arsh, award tazir to an offender who is a previous convict, habitual or hardened, desperate or dangerous criminal { or the offence has been committed by him in the name or on the pretext of honor}:
{Provided that the Tazir shall not be less than 1/3 of the maximum imprisonment provided for the hurt caused if the offender is a previous convict, habitual, hardened, desperate or dangerous criminal or if the offence has been committed by him in the name or on the pretext of honor}.
(M). WALI IN CASE OF HURT UNDER SECTION 337-O OF PAKISTAN PENAL CODE 1860.
In the case of hurt the wali shall be…
(a). The victim:
Provided that, if the victim is a minor or insane, his right of qisas shall be exercised by his father or paternal grand-father, howhighsoever;
(b). The heirs of the victim, if the later dies before the execution of qisas; and
(c). The Government, in the absence of the victim or the heirs of the victim.
. EXECUTION OF QISAS FOR HURT UNDER SECTION 337-P of PAKISTAN PENAL CODE 1860.(1). Qisas shall be executed in public by an authorized medical officer who shall before such execution examine the offender and take due care so as to ensure that the execution of qisas does not cause the death of the offender or exceed the hurt caused by him to the victim.
(2). The wali shall be present at the time of execution and if the wali or his representative is not present, after having been informed of the date, time and place by the Court an officer authorized by the Court in this behalf shall give permission for the execution of qisas.
(3). If the convict is a woman who is pregnant, the Court may, in consultation with an authorized medical officer, postpone the execution of qisas up to a period of 2 years after the birth of the child and during this period she may be released on bail on furnishing of security to the satisfaction of the Court or, if she is not so released, shall be dealt with as if sentenced to simple imprisonment.
(O). ARSH FOR SINGLE ORGANS UNDER SECTION 337-Q of PAKISTAN PENAL CODE 1860.
The arsh for causing itlaf of an organ which is found singly in a human body shall be equivalent to the value of diyat.
Explanation.
Nose and tongue are included in the organs which are found singly in a human body.
(P). ARSH FOR ORGANS IN PAIRS UNDER SECTION 337-R OF PAKISTAN PENAL CODE 1860.
The arsh for causing itlaf of organs found in a human body in pairs shall be equivalent to the value of diyat and if itlaf is caused to one of such organs the amount of arsh shall be ½ of the diyat.
Provided that, where the victim has only one such organ or his other organ is missing or has already become incapacitated the arsh for causing itlaf of the existing or capable organ shall be equal to the value of diyat.
Explanation.
Hands, feet, eyes, lips and breasts are included in the organs which are found in a human body in pairs.
(Q). ARSH FOR THE ORGANS IN QUADRUPLICATE UNDER SECTION 337-S OF PAKISTAN PENAL CODE 1860.
(1). The arsh for causing itlaf of organs found in a human body in a set of 4 shall be equal
(a). ¼ of the diyat, if the itlaf is one of such organs;
(b). ½ of the diyat, if the itlaf is of 2 of such organs;
(c). ¾ of the diyat, if the itlaf is of 3 such organs; and
(d). Full diyat, if the itlaf is of all the 4 organs.
Explanation.
Eyelids are organs which are found in a human body in a set of 4.
(R). ARSH FOR FINGERS UNDER SECTION 337-T OF PAKISTAN PENAL CODE 1860.
(1). The arsh for causing itlaf of a finger of a hand or foot shall be 1/10 of the diyat.
(2). The arsh for causing itlaf of a joint of a finger shall be 1/13 of the diyat.
Provided that where the itlaf is of a joint of thumb, the arsh shall be 1/20 of the diyat.
Hands, feet, eyes, lips and breasts are included in the organs which are found in a human body in pairs.
(Q). ARSH FOR THE ORGANS IN QUADRUPLICATE UNDER SECTION 337-S OF PAKISTAN PENAL CODE 1860.
(1). The arsh for causing itlaf of organs found in a human body in a set of 4 shall be equal
(a). ¼ of the diyat, if the itlaf is one of such organs;
(b). ½ of the diyat, if the itlaf is of 2 of such organs;
(c). ¾ of the diyat, if the itlaf is of 3 such organs; and
(d). Full diyat, if the itlaf is of all the 4 organs.
Explanation.
Eyelids are organs which are found in a human body in a set of 4.
(R). ARSH FOR FINGERS UNDER SECTION 337-T OF PAKISTAN PENAL CODE 1860.
(1). The arsh for causing itlaf of a finger of a hand or foot shall be 1/10 of the diyat.
(2). The arsh for causing itlaf of a joint of a finger shall be 1/13 of the diyat.
Provided that where the itlaf is of a joint of thumb, the arsh shall be 1/20 of the diyat.
(S). ARSH FOR TEETH UNDER SECTION 337-U OF PAKISTAN PENAL CODE 1860.
(1). The arsh for causing itlaf of a tooth, other than a milk tooth shall be 1/20 of the diyat.
Explanation.
The imprisonment of the portion of a tooth outside the gum amounts to causing itlaf of a tooth.
(2). The arsh for causing itlaf of 20 or more teeth shall be equal to the value of diyat.
(3). Where the itlaf is of a milk tooth, the accused shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to 1 year.
Provided that, where itlaf of a milk tooth impedes the growth of a new tooth, the accused shall be liable to arsh specified in sub-section (1).
(T). ARSH FOR HAIR UNDER SECTION 337-V OF PAKISTAN PENAL CODE 1860.
(1).Whoever uproots…
(a). All the hair of the head, beard, mustaches, eyebrow, eyelashes or other part of the body shall be liable to arsh equal to diyat and may also be punished of either description for a term which may extend to 3 years as tazir.
(b). One eyebrow shall be liable to arsh equal to ½ of the diyat; and
(c). One eyelash, shall be liable to arsh equal to ¼ of the diyat.
(2). Where the hairs of any part of the body of the victim are forcibly removed by any process not covered under sub-section (1), the accused shall be liable to daman and imprisonment of either description which may extend to 1 year.
(U). MERGER OF ARSH UNDER SECTION 337-W OF PAKISTAN PENAL CODE 1860.
(1). Where an accused more than one hurt, he shall be liable to arsh specified for each hurt separately:
Provided that, where…
(a). Hurt is caused to an organ, the accused shall be liable to arsh for causing hurt to such organ and not for arsh for causing hurt to any part of such organ; and
(b). The wounds join together and form a single wound, the accused shall be liable to arsh for 1 wound.
Illustration.
(i). A amputates Z’s fingers of the right hand and then at the same time amputates that hand from the joint of his wrist. There is separate arsh for hand and for fingers. A shall, however, be liable to arsh specified for hand only.
(ii). A twice stabs Z on his thigh. Both the wounds are so close to each other that they form into 1 wound. A shall be liable to arsh for 1 wound only.
(2). Where, after causing hurt to a person, the offender causes death of such person by committing qatl liable to diyat, arsh shall merge into such diyat:
Provided that the death is caused before the healing of the wound caused by such hurt.
(V). PAYMENT OF ARSH UNDER SECTION 337-X OF PAKISTAN PENAL CODE 1860.
(1). The arsh may be made payable in a lump sum or in installments spread over a period of 5 years from the date of the final judgment.
(2). Where a convict fails to pay arsh or any part thereof within the period specified in sub-section (1), the convict may be kept in jail and dealt with in the same manner as if sentenced to simple imprisonment until arsh is paid in full or may be released on bail if he furnishes security or surety equal to the amount of arsh to the satisfaction of the Court or may be released on parole as may be prescribed in the rules.
(3). Where a convict dies before the payment of arsh or any part thereof, it shall be recovered from his estate.
(W). 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;
(c). The compensation for the anguish suffered by the victim.
(1A). The daman may be made payable in lump sum or in installments spread over a period of 5 years from the date of the final judgment.
(2). Where a convict fails to pay daman or any part thereof within the period specified in sub-section (1A), the convict may be kept in jail and dealt with in the same manner as if sentenced to simple imprisonment until daman is paid in full or may be released on bail if he furnishes security or surety equivalent to the amount of daman to the satisfaction of the Court or may be released on parole as may be prescribed in the rules.
(X). DISBURSEMENT OF ARSH OR DAMAN UNDER SECTION 337-Z OF PAKISTAN PENAL CODE 1860.
The arsh or daman shall be payable to the victim or, if the victim dies, to his heirs according to their respective shares in inheritance.
7. CONCLUSION.
The pith and marrow of all the previous discussion there is no iota untruth shows that hurt is harm caused to human body other than death. In Pakistan Penal Code five kinds of hurt are provided wherein various organs and parts of human body have been separately defined. In Qatl victim is to deprive of his life but in case of hurt he is to suffer bodily harm other than death. The punishment of hurt has been provided by ordinance in accordance with the injunctions of Islam and each offence is described explicitly and the punishment of Arsh/Daman has been made as substantive offence
(1). The arsh for causing itlaf of a tooth, other than a milk tooth shall be 1/20 of the diyat.
Explanation.
The imprisonment of the portion of a tooth outside the gum amounts to causing itlaf of a tooth.
(2). The arsh for causing itlaf of 20 or more teeth shall be equal to the value of diyat.
(3). Where the itlaf is of a milk tooth, the accused shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to 1 year.
Provided that, where itlaf of a milk tooth impedes the growth of a new tooth, the accused shall be liable to arsh specified in sub-section (1).
(T). ARSH FOR HAIR UNDER SECTION 337-V OF PAKISTAN PENAL CODE 1860.
(1).Whoever uproots…
(a). All the hair of the head, beard, mustaches, eyebrow, eyelashes or other part of the body shall be liable to arsh equal to diyat and may also be punished of either description for a term which may extend to 3 years as tazir.
(b). One eyebrow shall be liable to arsh equal to ½ of the diyat; and
(c). One eyelash, shall be liable to arsh equal to ¼ of the diyat.
(2). Where the hairs of any part of the body of the victim are forcibly removed by any process not covered under sub-section (1), the accused shall be liable to daman and imprisonment of either description which may extend to 1 year.
(U). MERGER OF ARSH UNDER SECTION 337-W OF PAKISTAN PENAL CODE 1860.
(1). Where an accused more than one hurt, he shall be liable to arsh specified for each hurt separately:
Provided that, where…
(a). Hurt is caused to an organ, the accused shall be liable to arsh for causing hurt to such organ and not for arsh for causing hurt to any part of such organ; and
(b). The wounds join together and form a single wound, the accused shall be liable to arsh for 1 wound.
Illustration.
(i). A amputates Z’s fingers of the right hand and then at the same time amputates that hand from the joint of his wrist. There is separate arsh for hand and for fingers. A shall, however, be liable to arsh specified for hand only.
(ii). A twice stabs Z on his thigh. Both the wounds are so close to each other that they form into 1 wound. A shall be liable to arsh for 1 wound only.
(2). Where, after causing hurt to a person, the offender causes death of such person by committing qatl liable to diyat, arsh shall merge into such diyat:
Provided that the death is caused before the healing of the wound caused by such hurt.
(V). PAYMENT OF ARSH UNDER SECTION 337-X OF PAKISTAN PENAL CODE 1860.
(1). The arsh may be made payable in a lump sum or in installments spread over a period of 5 years from the date of the final judgment.
(2). Where a convict fails to pay arsh or any part thereof within the period specified in sub-section (1), the convict may be kept in jail and dealt with in the same manner as if sentenced to simple imprisonment until arsh is paid in full or may be released on bail if he furnishes security or surety equal to the amount of arsh to the satisfaction of the Court or may be released on parole as may be prescribed in the rules.
(3). Where a convict dies before the payment of arsh or any part thereof, it shall be recovered from his estate.
(W). 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;
(c). The compensation for the anguish suffered by the victim.
(1A). The daman may be made payable in lump sum or in installments spread over a period of 5 years from the date of the final judgment.
(2). Where a convict fails to pay daman or any part thereof within the period specified in sub-section (1A), the convict may be kept in jail and dealt with in the same manner as if sentenced to simple imprisonment until daman is paid in full or may be released on bail if he furnishes security or surety equivalent to the amount of daman to the satisfaction of the Court or may be released on parole as may be prescribed in the rules.
(X). DISBURSEMENT OF ARSH OR DAMAN UNDER SECTION 337-Z OF PAKISTAN PENAL CODE 1860.
The arsh or daman shall be payable to the victim or, if the victim dies, to his heirs according to their respective shares in inheritance.
7. CONCLUSION.
The pith and marrow of all the previous discussion there is no iota untruth shows that hurt is harm caused to human body other than death. In Pakistan Penal Code five kinds of hurt are provided wherein various organs and parts of human body have been separately defined. In Qatl victim is to deprive of his life but in case of hurt he is to suffer bodily harm other than death. The punishment of hurt has been provided by ordinance in accordance with the injunctions of Islam and each offence is described explicitly and the punishment of Arsh/Daman has been made as substantive offence
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