CRIMINAL PROCEDURE CODE AND QISAS AND DIYAT ACTCRIMINAL PROCEDURE CODE AND QISAS AND DIYAT ACT
• In Pakistan, the present criminal justice system is primarily based
upon the codified penal and procedural laws designed by the
British masters in the colonial era of British Indian history.
• It includes the Criminal Procedure Code of 1898 and Penal Code
of 1860.
• These criminal laws did not provide any concept of restorative
justice.
• Our system is still based upon the accusatorial principle i.e. the
state is a party in any criminal transaction.
• Punishment of the offender as a rule has been provided as the
only penalty for the criminals instead of extending any relief/remedy
to the victim.
• It truly speaks of the underlying objective that the state is interested
in maintaining ‘order’ and writ of the state in the society instead of
taking care of the victim.

CRIMINAL PROCEDURE CODE AND QISAS AND DIYAT ACTCRIMINAL PROCEDURE CODE AND QISAS AND DIYAT ACT
• However in the course of development, Pakistan as a
country tried to improve the inherited criminal laws to
make them more consistent with and beneficial for the
society. In brief, one of these codified changes is:
• Qisas and Diyat Ordinance.

CRIMINAL PROCEDURE CODE AND QISAS AND DIYAT ACTCRIMINAL PROCEDURE CODE AND QISAS AND DIYAT ACT
The Holy Quran has described a very important principle of civil law,
i.e. equality of men and the necessity of awarding proportionate
punishment to all offenders, without distinction, unless and until the
offender is pardoned by the relatives of the victim under
circumstances
that are expected to lead to improvement of conditions.

CRIMINAL PROCEDURE CODE AND QISAS AND DIYAT ACTCRIMINAL PROCEDURE CODE AND QISAS AND DIYAT ACT
The Islamic law of just-retribution provides a very
effective
and practical means to put a stop to murder and
safeguard
human life.

CRIMINAL PROCEDURE CODE AND QISAS AND DIYAT ACTCRIMINAL PROCEDURE CODE AND QISAS AND DIYAT ACT
• In February 1979, Zia ul-Haq issued new laws that punished
rape, adultery, and the "carnal knowledge of a virgin" by
stoning; first time theft by amputation of the right hand; and
consumption of alcohol by eighty lashes.
• Stoning and amputation, it should be noted, had not been
carried out as of early 1994--at least not outside of the tribal
area where tribal custom, rather than the Pakistani penal code,
is the law of the land.

CRIMINAL PROCEDURE CODE AND QISAS AND DIYAT ACTCRIMINAL PROCEDURE CODE AND QISAS AND DIYAT ACT
The Penal Code and the Code of Criminal Procedure,
amended in the early 1990s to bring them into
conformity with Islamic law, and the Qisas and Diyat
Ordinance (1991), promulgated by the Criminal Law
Amendment Act (1997).

Some Important Definitions in Qisas and Diyat OrdinanceSome Important Definitions in Qisas and Diyat Ordinance
SECTION 299 DEFINITIONSSECTION 299 DEFINITIONS
QISAS 299 A
• It is not defined in law. It means equal punishment. In other words it is “tit for tat”, i.e, life
for life and an eye for eye.
• ARSH 299 B
It means compensation specified in the chapter XVI of Qisas & Diyat Ordinance to be
paid by the offender to the victim or his heirs.
• AUTHORISED MEDICAL OFFICER 299 C
It means a medical officer/ medical board howsoever designated, authorised by
Provincial Government.
• DAMAN 299 D
It means compensation determined by court to be paid by the offender to the victim for
causing hurt not liable to Arsh.
• DIYAT 299 E
It means compensation specified in section 323, payable to the heirs of the victim by the
offender.
•

Some Important Definitions in Qisas and Diyat OrdinanceSome Important Definitions in Qisas and Diyat Ordinance
• QATL
It means causing death of a person.
• TAZIR
It means punishment other than qisas, diyat,arsh or daman.
• WALI
It means person entitled to claim qisas.
• ADULT
It means a person who has attained, being a male the age of 18
years or being female age of 16 years or has attained puberty which
is earlier.

QISA AND DIYAT ORDINANCE - 1990QISA AND DIYAT ORDINANCE - 1990
LAWS RELATING TO HURTLAWS RELATING TO HURT
SECTION – 332 HURTSECTION – 332 HURT
Causing pain, harm, disease, infirmity, injury or impairing, disabling, dismemberingCausing pain, harm, disease, infirmity, injury or impairing, disabling, dismembering
any organ of the body or part thereof, without causing death.any organ of the body or part thereof, without causing death.
SECTION – 333 SECTION – 337 SECTION – 337B SECTION – 335
ITLAF – I – UDW SHAJJAH JURH ITLAFI – SALAH – I -
UDW
Causing of
dismemberment,ampu
tation, severement of
any limbs or organ of
the body.
Hurt on the headface
which does not
amount to Itlafi –
Sabaliyyai – I – udw.
Hurts on parts of body
other than headface
bearing mark of
wound temporary or
permanent.
Destroying or
permanently impairing
the function or
capacity of an organ
at the body or causing
permanent
disfigurement.

QISA AND DIYAT ORDINANCE - 1990QISA AND DIYAT ORDINANCE - 1990
LAWS RELATING TO HURTLAWS RELATING TO HURT
SECTION – 337 SHUJJAHSECTION – 337 SHUJJAH
SECTION –
337 ( a)
SECTION –
337 (b)
SECTION –
337 (c)
SECTION –
337 (d)
SECTION –
337 (e)
SECTION –
337 (f)
SHUJJAH - I
-KHAFIFAH
SHUJJAH - I
- MUDIHAH
SHUJJAH - I
- HASHIMAH
SHUJJAH - I -
MUNAQQILAH
SHUJJAH - I
- AMMAH
SHUJJAH - I -
DAMIGHAH
Without
exposing
bones.
Exposing
bones
without
fracture.
Fracturing
bones
without
dislocation.
Fracturing
with
dislocation of
bones.
Fracturing
of bone and
wound
touching
membranes.
Fracturing
and rupturing
of
membranes.

QISA AND DIYAT ORDINANCE - 1990QISA AND DIYAT ORDINANCE - 1990
LAWS RELATING TO HURTLAWS RELATING TO HURT
JURHJURH
Section – 337 - C Section – 337 - E
JAIFAH GHAYR - JAIFAH
Injury extending to the
body cavity of the trunk.
Jurh not amounting to
Jaifah.

QISA AND DIYAT ORDINANCE - 1990QISA AND DIYAT ORDINANCE - 1990
LAWS RELATING TO HURTLAWS RELATING TO HURT
JURH GHAYR - JAIFAHJURH GHAYR - JAIFAH
Section –
337 – E (a)
Section –
337 – E (b)
Section –
337 – E (c)
Section –
337 – E (d)
Section –
337 – E (e)
Section –
337 – E (f)
DAMIYAH BADIAH MUTALA-
HIMAH
MUDIHAH HASHIMAH MUNAQ-
QILAH
Rupturing
of skin with
bleeding.
Cutting of
flesh without
exposing
bones.
Lacerating of
flesh.
Exposing
the bones.
Fracturing of
bone
without
dislocating
it.
Fracturing
bone with
dislocating it.

QISA AND DIYAT ORDINANCE - 1990QISA AND DIYAT ORDINANCE - 1990
LAWS RELATING TO HURTLAWS RELATING TO HURT
SECTION -337- G SECTION 337-H SECTION 337- I SECTION 337- J
HURT BY
RASH/NEGLIGENT
DRIVING.
HURT BY
RASH/NEGLIGENT
ACT.
HURT BY MISTAKE. HURT BY MEANS OF
POISON.
Causing hurt by
rash/negligent driving.
Causing hurt by
rash /negligent act.
Causing hurt by
mistake.
Causing hurt by
administering or
causing to be taken
poison or stupefying,
intoxicating or
unwholesome drug or
any other thing with
intent to commit or to
facilitate the
commission of an
offence.

QISA AND DIYAT ORDINANCE - 1990QISA AND DIYAT ORDINANCE - 1990
LAWS RELATING TO CHILDLAWS RELATING TO CHILD
(MISCARRIAGE, CONCEALMENT OF BIRTH AND ABONDONMENT OF CHILD) AND INFANTICIDE(MISCARRIAGE, CONCEALMENT OF BIRTH AND ABONDONMENT OF CHILD) AND INFANTICIDE
CAUSING MISCARRIAGECAUSING MISCARRIAGE
Section - 328 Section - 329 Section - 338 Section -338- B
ABANDONMENT OF
CHILD UNDER 12
YEARS BY
PARENT/GUARDIAN
.
CONCEALMENT
OF BIRTH.
ISQAT -I – HAML. ISQAT- I –JANAIN.
Exposuring or
leaving a child
under 12 years with
intention of wholly
abondoning the
child.
Secretly burrying
or otherwise
disposing of dead
body of a child
whether such a
child dies before,
during or after its
birth.
Causing a woman
with child, whose
organs have not
been formed to
miscarriage without
good faith for the
purpose of saving
life of woman or
providing
necessary
treatment.
A woman with
child, some of
whose limbs or
organs have been
formed to
miscarriage
without good faith
for the purpose of
saving life of
woman.

QISA AND DIYAT ORDINANCE - 1990QISA AND DIYAT ORDINANCE - 1990
LAWS RELATING TO DEATHLAWS RELATING TO DEATH
a - CAUSING DEATHa - CAUSING DEATH
SECTION - 300 SECTION - 315 SECTION - 316 SECTION - 316
QATL - I - AMD QATL SHIBH - I - AMD QATL - I - KHATA QATL - I – BIS -SABAB
With full intention
and knowledge of
causing death (of
specific person or
any other).
Intention to harm,
but death occurs
which is unlikely.
No intention to
cause death or
harm but death
occurs by
mistake of act or
fact.
No intention to
cause or harm, but
death occurs during
the course of an
unlawful act.

QISA AND DIYAT ORDINANCE - 1990QISA AND DIYAT ORDINANCE - 1990
LAWS RELATING TO DEATHLAWS RELATING TO DEATH
b – ATTEMPTS TO CAUSE DEATHb – ATTEMPTS TO CAUSE DEATH
Section - 324 Section - 325
ATTEMPT TO COMMIT QATL-I-AMD ATTEMPT TO COMMIT SUICIDE
Any attempt to commit Qatl-i- Amd
resulting in hurt and not death.
Any attempt to commit suicide.
1. *Ikrah – e – tam means putting any person, his spouse or
any of his blood relations within the prohibited degree of
marriage in fear of instant death or instant permanent
impairing of any organ pf the body or instant fear of being
subjected to sodomy or zina – bil – jabr.
2. *Ikrah – e - naqis means any form of duress which does not
amount to Ikrah e tam.