Tuesday 31 July 2012

What is Qatl-e-Amd and what is its punishment?

Qatl-e-Amd is murder by Intention. Its definition is mentioned in section 300 of Pakistan Penal Code in the below. Actusrea and Menrea both are necessary ingredients of Qatl-e-Amd. In practice there are two kinds of punishments in Qatl-e-Amd. One punishment is death and the other is life imprisonment. It is on the discretion of judge to award any of these punishments according to the circumstances of case.

300.Qatl-e-Amd:
Whoever, with the intention of causing death or with the intention of causing bodily injury to a person, by doing an act which in the ordinary course of nature is likely to cause death, or with-the knowledge that his act is so imminently dangerous that it must in all probability cause death, causes the death of such person, is said to commit qatl-e-amd.
 
 
301.Causing death of person other than the person whose death was intended:
Where a person, by doing anything which he intends or knows to be likely to cause death, causes death of any person whose death he neither intends nor knows himself to be likely to cause, such an act committed by the offender shall be liable for qatl-i-amd.
 
302.Punishment of qatl-i-amd:
Whoever commits qatl-e-amd shall, subject to the provisions of this Chapter be:
(a) punished with death as qisas;
(b) punished with death or imprisonment for life as ta'zir having regard to the facts and circumstances of the case, if the proof in either of the forms specified in Section 304 is not available; or
(c) punished with imprisonment of either description for a term which may extend to twenty-five years, where according to the injunctions of Islam the punishment of qisas is not applicable 113[:] 113
 114[
Provided that nothing in this clause shall apply to the offence of qatl-i-amd if committed in the name or on the pretext of honour and the same shall fall within the ambit of (a) and (b), as the case may be.
] 114

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