In this article, we shall study what types of intentional hurts as defined in Pakistan Penal Code 1860 and punishment provided for these hurts? What is punishment provided for these offences? How much amount of arsh has been provided for these hurts, and other compensation provided in form of Daman to victim? What types of hurts are liable to qisas and who can waive the right of qasis against the offenders? What are punishment are available for inflicting hurts without intention and by rash act or omissions.
Hurt
Under subsection 1 of section 332 has defined the hurt, ?.whoever causes pain, harm, diseases, infirmity or injury to any person or impair disable or dismember any part of the body thereof of any person without causing his death, is said to have committed? The clause (a) to (e) subsection 2 of section 332 has kinds of hurts and these are Itlaf-i-udw, Itlaf-i-Salahiyyat-i-udw, Shajjah, Jurh and other kinds of hurts. The detail of the provisions are enunciated in section 333 to 337 has defined these hurts.
Itlaf-i-udw
The section 333 have defined the itlaf-i-udw, ?.whoever dismember, ampulate, sever any limb or organ of the body of another person is said to cause Itlaf-i-udw and imprisonment for such hurt is liable to qasis and tazir for period of ten years as imprisonment.?The detail of the punishment has defined in section 334 of PPC, 1860 which provides that the execution of the qasis shall not be enforced after consultation of authorized medical officers. The offender shall also be liable to pay the amount of arsh as compensation to the injury caused to the offender.
Salahiyyat-i-udw
The section 335 has defined the Salahiyyat-i-udw, ?.. whoever destroy the or permanently impair the functions, power or capacity of an organ of the body of another person or causes permanently disfigurement is said to cause Salahiyyat-i-udw.? The punishment for such injuries is liable to qasis and punishment in tazir up to ten years. The detail conditions for execution as qasis are provided in section 336 of PPC, 1860. The qasis shall be executed after consultation of medical officer according to the principal and injunction provided in Islam and offender can be liable to arsh as compensation for injury inflicted on the victim.
Shajjah
Under subsection 1 of section 337 says that whoever causes any hurt on face or head which does not amount to Itlaf-i-udw or Salahiyyat-i-udw said to have committed the Shajjah. The subsection 2 of same section has classified the types of the shajjah, and section 3 has defined these types of shajjah and punishment is provided in section 337A of Pakistan Penal code 1860.
(i)Shajjah-i-Khafifah
The clause (i) subsection 3 of section 337 PPC defines the shajjah-i-khafifah, whoever cause hurt to any person without exposing bone of the victim and the punishment for shall be liable to daman and also liable to imprisonment as tazir under clause (i) of section 337A of PPC 1860.
(ii)Shajjah-i-Munihah
The clause (ii) subsection 3 of section 337 PPC provide the detail of shajjah-i-munihah of hurt which expose the bone of the victim is said to have caused the shajjah-i-munihah. The punishment for the shajjah-i-hashimah is liable to qasis and if the offender is not liable to qasis, then the offender shall be liable pay arsh which shall be five percent of diyat under clause (ii) of section 337A of PPC 1860 for commission of such hurts.
(iii)Shajjah-i-hashimah
The clause (iii) subsection 3 of section 337 PPC provide the definition of shajjah-i-hashimah, whoever cause hurt which fractures of the bone said to have committed Shajjah-i-hashimah, the punishment for causing the hurt shall be liable to arsh and ten percent of diyat and imprisonment as tazir. The clause (iii) of section 337A of PPC 1860 provides the detail of the punishment provided for commission of such offences.
(iv)Shajjah-i-munaqillah
The clause (iv) subsection 3 of section 337 PPC has enunciated definition of shajjah-i-munaqillah of injuries of the bone which hurt fracture the bone and its dislocation. The clause (iv) of section 337A of PPC 1860 provides the detail of the punishment provided for commission of such offences. The punishment for shajjah-i-munaqillah shall be fifteen of diyat and ten years as tazir, the punishment of this type of hurt is one-third of value of diyat and fourteen years as tazir.
(v)Shajjah-i-ammah
The clause (v) subsection 3 of section 337 PPC has defined of shajjah-i-ammah of injuries which the dislocation bone and injury touch the membrance of the bone is said to have committed the shajjah-munaqillah. The punishment for the shajjah-i-ammah is arsh, one-third of value of diyat and tazir for fourteen years of imprisonment, as provided in clause (v) of section 337A of PPC 1860.
(vi)Shajjah-i-damighah
The clause (vi) subsection 3 of section 337 PPC has defined of shajjah-i-ammah whihc rupture of the membrane of the skull. The clause (vi) of section 337A of PPC 1860 has provide the punishment the shajjah-i-damighah is one-half of diyat and fourteen years as imprisonment in tazir,
Jurh
The subsection 1 of section 337B has defined the Jurh, whoever cause any hurt other than head or face, hurt which leave any mark whether temporary or permanent said to have committed the jurh. The subsection have classified the jurh in two classes, jaifah and Ghayr-jaifah. The jaifah has been defined in the 337C whoever causes Jurh in which the injury extends to the body cavity of the trunk is said to have committed Jaifah. The section 337D have defined the Ghayr-jaifah which causes jury which are not amount to Jaifah is cause Ghayr-jaifah. There is various type of Ghayr-jaifah has been defined in subsection 2 and 3 of section 337E and its punishment is provided in section 337F of Pakistan Penal code 1860.
(i)Ghayr-jaifah damiyah
The clause (i) of section (3) of section 337E has defined the ghayr-jaifah damiyah is type of hurt hurt which rupture the skin and bleeding occurs. The liability for the type of injury cause with intention and knowledge is Daman and punishment as tazir up to one year as provided in clause (i) section 337F of PPC 1860.
(ii)Ghayr-jaifah badi’ah
The clause (ii) of subsection (3) of section 337E has provide the definition of hurt which cut the flash but don’t expose the bone said to have committed the ghayr-jaifah badi’ah and clause (ii) section 337F of PPC 1860 has placed the liability on the offender of badi’ah to payment of daman and three year imprisonment as tazir is liable as daman and punishment for this type is provided as tazir five years.
(iii)Ghayr-jaifah Mutalahimah
The clause (iii) of subsection (3) of section 337E has enunciated the definition of the hurts which lacerlate the flash said to have committed the Ghayr-jaifah Mutalahimah, is also liable to daman and three year imprisonment. The is also liable to daman and power have given to court to award the punishment according to the gravity of injury up to three years under clause (iii) section 337F of PPC 1860.
(iv)Ghayr-jaifah mudihah
The clause (iv) of subsection (3) of section 337E has provided that Any injury which cause the exposes the bone said to have committed the Ghayr-jaifah mudihah is liable to daman and liable to five years tazir. The said act is punishable under clause (iv) section 337F of PPC 1860.
(v)Ghayr-jaifah hashimah
The clause (v) of subsection (3) of section 337E has defined the injury which fractures the bone and without dislocates it said to have committed the Ghayr-jaifah hashimah. The clause (v) section 337F of PPC 1860 has placed the liability on offender for commission of such offences liable to pay damand and imprisonment for five years.
(vi)Ghayr-jaifah munaqqillah
The clause (vi) of subsection (3) of section 337E, any injury which cause bone fracture and dislocate it said to have committed the Ghayr-jaifah munaqqillah, and liable for daman and seven year imprisonment as tazir under penal provisions of the clause (vi) section 337F of PPC 1860.
Punishment for hurts for intentional hurts
The punishment for hurt which are caused with intention are liable to punishment as qasis, diyat, daman and tazir. The brief description is given below.
Qasis
Each hurt is liable to Qasis if it is committed with intention and knowledge that it will go to cause hurt to person. The offender shall be punished with each disability caused to victim in same manner. The punishment for hurts has defined in sections 334, 336,337A, 337D, 337F.
Arsh
The arsh means monetary compensation awarded to the victim by offender by order of court, the detail of the amount of compensation have provided in section 337Q to 337X. The section 337Q to 337S prescribed the value of the arsh for causing itlaf if an organ which is found singly in a human body shall be equivalent to full value of the diyat. The arsh for organ of human body which are in pair shall be one half of the value of diyat and arsh for organ which are quadruplicate shall be equivalent to one fourth of the diyat. The value of the arsh for fingers shall be one tenth of diyat and teeth one-twentieth of diyat for one tooth, and value of the arsh have been defined in section 337V. The section 337W have prescribed that value of hurt shall be liable for each hurt. The section 337X has defined the method of payment either made in installment and failure to pay that amount could be punished in tazir by the order of the court.
Daman
The section 337Y have given the discretionary power to court to award compensation to victim and value of compensation is determined by the court keeping in view the expenses incurred by the victim in treatment and anguish and disability caused to the victim.
Hurts not caused with intention or knowledgeUnder subsection 1 and 2 of section 337H whoever causes hurt by rash or negligent shall be punished for arsh and Daman also liable to imprisonment as Tazir for either description of term which may be extended over to three years. The section 337I have provided the condition for causing injury mistake shall be punished Arsh or daman specified kind of hurt.
Hurt not liable to Qasis
The hurt shall not be liable to Qasis following cases, when the offender is minor or insane or the offender, secondly when the offender himself have suffered the injured caused by the victim, when the offender have caused Itlaf-i-udw of physically imperfect organ of the body, and finally when the organ liable to Qasis is missing in offender.
Case in which Qasis shall not be enforcedThe Qasis for hurt shall not be enforced in following cases, first condition in which the case shall not be enforced when offender dies before the execution of the Qasis, when the organ of the offender liable to Qasis has been lost, thirdly when the offender waive his Qasis or compound the offence with Badal-i-Sulh, when the right of Qasis have devolve in the person who has no right of Qasis against the offender.
Wali in hurt case
The section 337O has defined the type of legal heir against the qasis of hurt, first the victim, second the legal heir when the victim dies before the execution of qasis not as consequence of that hurt and finally the government.
Execution of Qasis for hurt
Under section 337P of PPC 1860 qasis shall be executed in public by authorized medical officer who has the duty to examine the offender to make sure that the execution of the qasis shall not cause the death of the offender, the presence of the wali is important condition for execution of the qasis, and the if the offender is woman then the qasis shall not enforced after expiry of two years from time of birth of child.
Summary
In this paper we have studied detail provisions in Pakistan penal code 1860 regarding the injuries caused to the victim by offender. The each type of injury caused to victim by offender is liable to qasis, arsh, daman and tazir according to the terms and conditions and principal provided in Islam injunction. There are certain injuries which are liable to Qasis and Arsh and other are such are liable to Daman and Tazir keeping in view the gravity and seriousness of the injury caused. The execution of the qasis shall not be enforcing without consultation of authorized medical officer in presence of victim in consistency with the injunction of Islam.
The writer is an advocate of High Court and practicing immigration and corporate laws in Pakistan since September 2001. He is a self employed and pioneer in research on electronic commerce taxation in Pakistan. His articles were published widely in the critical areas of cyber crimes, electronic commerce, e-taxation and various other topics. He wrote LL.M thesis on titled “Legislation of electronic commerce taxation in Pakistan?in which he provided comprehensive legal proposals for statutory reconstruction of tax laws for purpose of imposition of taxation on e-business in Pakistan. Currently he is conducting is research on topic ‘Electronic commerce taxation: emerging legal issues of digital evidence?
Author can be contacted by adil.waseem@lawyer.com.