Section: Pakistan Penal Codes ACT 1860

Question About: Waiver and Compounding Qisas

Q. Discuss the law relating to waiver and compounding (Si of Qisas in Qatl-i-Amd.

Answer
Ans.

Waiver-Afw of Qisas in QatI-i-Amd:

According to S.309.
1. In the case of Qatl-i-Amd, an adult sane Wali may, any time and without any compensation waives this rig of Qisas:
Provided that the right of Qisas shall not be waived:
(a) Where the Government is the Wail or
(b) Where the right of Qisas vests in minor or insane,
(c) Where a victim has more than one W’ Ii anyone of them may waive his right of Qisas:
2. Where a victim has more than one Wali at ne of the may waive this right of Qisas:
Provided that the Wali who does not waive the right of Qisas shall be entitled to his share of Diyat:
3. Where there are more than one offenders, the waiver of the right of Qisas by the Wali of one victim shall not affect the right of Qisas of the Wali of the other victim.
4. Where there are mote than one offenders, the waiver of the right of Qisas against one offender shall not affect the right of Qisas against the other offender.

Waiver of Qisas:

A minor Wall cannot be compelled to ‘ye the right of his Qisas through his guardian. Right of waive is a personal right and the same therefore not be exercised by the guardian.

Compounding of Qisas (Sulh) in QatI-i-Amd:

According to S. 310 of P.P.C.
1. In the case of Qatl-i-Amd an adult sane Wali may at anytime on accepting Badl-i-Sulh; compound his right of Qisas.
Provided that giving a Female in marriage shall not be a valid
2. Where Wall is a minor or an insane the Wall of such minor or insane Wall may compound the right of Qisas on behalf of such minor or insane Wail.
Provided that the value of Badl-i-Sulh shall not be less than the of Diyat.
3. Where the Badl-i-Sulh is not determined or is a property or a right of value of which cannot be determined in terms of money under Shariah the right of Qisas shall be deemed to have been compounded and the offender shall be liable to Diyat.
Badl-i-Sulh may be paid or given on demand or on a deferred date as may be agreed upon “between the offender and the Wail.

Explanation:

In this section, Badl-i-Sulh means the mutually agreed compensation according to Shariah to be paid or given by the offender to a Wall in cash or in kind or in the form of movable or immovable property (Section 310).

Case Law:

According to the case of Javaid Masih v: The Slate, the compounding of Qisas (Sulh) in cases of Qatl-i-Amd is possible even in those cases where the right of Qisas cannot be enforced because the sentence of death has not been imposed and lesser sentence granted under S. 302, P.P;C. Since compounding right of Qisas can .be effected by the Wali of the deceased, care has to betoken to ascertain his correct identity and also to see that interest of the minor, if involved, is not prejudiced.

Compromise — BadI—i—Sulh:

The District Magistrate had reported that convict had been pardoned in lieu of marriage of hi two daughters with the sons of the deceased and payment of rupees two lacs in cash as compensation.
Brother and two Sons of the deceased had authenticated the correctness of the compromise before the District Magistrate and had also acknowledged the receipt of rupees two lacs as compensation from the accused party. State Counsel had urged nothing against the compromise. Compromise is genuine and requirements of Iaw having been satisfied, the Supreme Court accepted the compromise and ordered acquittal of the accused.

Waiver and compounding of Qisas difference:

Waiver (Afw) is completely different from compounding right of Q Sulh) in the former the Wali waives the right of Qisas without an compensation while in the later the right of Qisas is compounded a receipt of compensation (l3adl-i-Sulh). Where the Government is Wall or, where right of Qisas vests in a minor or insane person 1 waiver (Afw) can be affected by the Government or the Wali of LI minor or insane person, but they can compound right of Qisas.

Compounding of Qisas and Offence:

Compounding o Qisas and compounding of offence are two separate ten Compounding of offence is provided by Section 345, Cr.P.C. Compounding of Qisas is under Section 310, P.P.C.
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