The Pakistan Penal Code,
1860
[1](XLV
OF 1860)
[6th October, 1860]
308. Punishment
in qatl-i-amd not liable to qisas, etc. (1) Where an
offender guilty of qatl-i-amd is not liable to qisas under Section 306 or the
qisas is not enforceable under clause (c) of Section 307, he shall be liable to
diyat:
Provided that, where the offender is minor or insane, diyat shall
be payable either from his property or, by such person as may be determined by
the Court:
Provided further that, where at the time of committing qatl-i-amd
the offender being a minor, had attained sufficient maturity, or being insane
had a lucid interval, so as to be able to realise the consequences of his act,
he may also be punished with imprisonment of either description for a term
which may extend to [2][twenty-five]
years as ta’zir;
Provided further that, where the qisas is not enforceable under
clause (c) of Section 307, the offender shall be liable to diyat only if there
is any wali other than offender and if there is no wali other than the
offender, he shall be punished with imprisonment of either description for a
term which may extend to [3][twenty
five] years as ta’zir.
(2) Notwithstanding
anything contained in sub-section (1), the Court, having regard to the facts
and circumstances of the case in addition to the punishment of diyat, may
punish the offender with imprisonment of either description for a term which
may extend to [4][twenty five] years, as
ta’zir.
[1]. The
Pakistan Penal Code has been declared in force in--
It
has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent
the Act is applicable in the N.W.F.P., subject to certain modifications; see
N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and also
extended to the Excluded Area of Upper Tanawal other than Phulera by the
N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to
be in force in that area. w.e.f. 1st June, 1951, see N.W.F.P Gazette, Ext.,
dated 1-6-1951.
It
has been amended in its application to the N.W.F.P., see N.W.F.P Acts 3 of 1941
and 26 of 1950.
It
has also been extended to the Leased Areas of Baluchistan by the Leased Areas
(Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in the Federated Areas of
Baluchistan, see Gazette of India, 1937, Pt. I, P. 1499.
It
has also been extended by notification under Article 7(1)(a) of the N.W.F.P.
(Enlargement of the Area and Alteration of Boundary) Order, 1952 (G. G. O. 1 of
1952), to the added area described in the First Schedule to that Order, w.e.f.
7th February, 1952, see N.W.F.P. Government Gazette, 1952, Pt. I, P. 70.
It
has also been amended in its application to the Province of West Pakistan by
the Pakistan Penal Code (West Pakistan (Amdt.) ) Act, 1963 (W.P. Act 6 of
1963), S. 2 (w.e.f. the 18th April, 1963).
It
has also been amended in its application to the Province of West Pakistan by
the Pakistan Penal Code (West Pakistan (Amdt.) ) Act, 1964 (W.P. Act 32 of
1964), S. 2 (w.e.f. 27-4-1964).
[2]. Substituted
by Cr. Law Amendment Act 2004 (Act I of 2005). [PLJ 2005 Fed. St. 207].
[3]. Substituted
by Cr. Law Amendment Act 2004 (Act I of 2005). [PLJ 2005 Fed. St. 207].
[4]. Substituted
by Cr. Law Amendment Act 2004 (Act I of 2005). [PLJ 2005 Fed. St. 207].