Tuesday 31 July 2012

In whom the right of Qisas vests


In section 313 of Pakistan Penal Code the persons in whom the right of qisas rests are clearly mentioned. The content of that section is produced below:-

313.Right of qisas in qatl-i-amd:

(1) Where there is only one wali, he alone has the right of qisas in qatl-i-amd but, if there are more than one, the right of qisas vests in each of them.
 
(2) If the victim-
(a) has no wali, the Government shall have the right of qisas; or
(b) has no wali other than a minor or insane or one of the wali is a minor or insane, the father or if he is not alive the paternal grandfather of such wali shall have the right of qisas on his behalf:
Provided that, if the minor or insane wali has no father or paternal grandfather, how high-so-ever, alive and no guardian has been appointed by the Court, the Government shall have the right of qisas on his behalf.








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