Compromise is always possible in a murder case if the legatees of the deceased agree to do so. For that there is a settled amount of diyat which the accused has to pay. According to Islamic Law amount of diyat is equal to 30,630 grams of silver. According to a notification issued by the Federal Government on 1st of July 2014 the amount of diyat is 1923623 Rupees.
Compromise is conducted under the below mentioned sections of PPC:-
| 309. | Waiver (Afw) of qisas in qatl-i-amd:
| (1) | In the case of qatl-i-amd, an adult sane wali may, at any time and without any compensation, waive his right of qisas:
Provided that the right of qisas shall not be waived;
| (a) | where the Government is the wali, or |
| (b) | where the right of qisas vests in a minor or insane. |
|
| |
| (2) | Where a victim has more than one Wali any one of them may waive his 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 victim, 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 more than one offenders, the waiver of the right of qisas against one offender shall not affect the right of qisas against the other offender. |
| |
|
| |
| 310. | Compounding of qisas (Sulh) in qatl-i-amd:
| (1) | In the case of qatl-i-amd, an adult sane wali may, at any time on accepting badl-i-sulh, compound his right of qisas:
119[
Provided that a female shall not be given in marriage or otherwise in badal-i-sulh.
] 119
|
| |
| (2) | Where a wali is a minor or an insane, the wali of such minor or insane wali may compound the right of qisas on behalf of such minor or insane wali:
Provided that the value of badf-i-sufh shall not be less than the value of diyat.
|
| |
| (3) | Where the Government is the wali, it may compound the right of qisas:
Provided that fee value of badi-i-sulh shall not be less than the value of diyat.
|
| |
| (4) | Where the badl-i-sulh is not determined or is a property or a right the value of which cannot be determined in terms of money under Shari'ah, the right of qisas shall be deemed to have been compounded and the offender shall be liable to diyat. |
| |
| (5) | 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 wali. |
| |
Explanation: In this section, Badl-i-sulh means the mutually agreed compensation according to Shari'ah to be paid or given by the offender to a wali in cash or in kind or in the form of movable or immovable property.
If you have any query related with compromise in a criminal case you can contact at internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan (Golra)
Criminal Lawyer
+92-333-5339880 |
No comments:
Post a Comment