The Pakistan Penal Code, 1860

[1](XLV OF 1860)

[6th October, 1860]

337-M. Hurt not liable to qisas. Hurt shall not be liable to qisas in the following cases, namely:--

(a)     when the offender is a minor or insane:

                   Provided that he shall be liable to arsh and also to ta’zir to be determined by the Court having regard to the age of offender, circumstances of the case and the nature of hurt caused:

(b)     when an offender at the instance of the victim causes hurt to him:

                   Provided that the offender may be liable to ta’zir provided for the kind of hurt caused by him;

(c)     when the offender has caused itlaf-i-udw of a physically imperfect organ of the victim and the convict does not suffer from similar physical imperfection of such organ:

                   Provided that, the offender shall be liable to arsh and may also be liable to ta’zir provided for the kind of hurt caused by him; and

(d)     when the organ of the offender liable to qisas is missing:

                   Provided that the offender shall be liable to arsh and may also be liable to ta’zir provided for the kind of hurt caused by him.

Illustrations

(i)         A amputates the right ear of Z, the half of which was already missing. If A’s right ear is perfect, he shall be liable to arsh and not qisas.

(ii)        If in the above illustration, Z’s ear is physically perfect but without power of hearing. A shall be liable to qisas because the defect in Z’s ear is not physical.

(iii)       If in illustration (i) Z’s ear is pierced, A shall be liable to qisas because such minor defect is not physical imperfection.

 


[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).