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TitleQ What Are Different Kinds of Qatl and Their Punishments
Tags Virtue Violence Intention (Criminal Law) Confession (Law)
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Total Pages6
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Page 4

CASE LAW Naryanswami vs emperor (air 1939):

“A” confession is a statement made by an accused which must either admit in terms the offence or at
any rate substantially all fact which constitute the offence.”
b. Before Competent Court:
Confession must be made before a court competent to try the offence. Extra judicial confession is
excluded form the ambit of proof of Qati-I amd liable to qisas, by sec. 340 P.P.C.
c. True and Voluntarily:
The test of admissibility of confession its voluntariness, the question as to whether a confession was
voluntary being a question of fact, had to be determine keeping in view the facts and circumstances of
each case are hard and fast rule of general application could be laid down (2003PCRLJ1212)

(ii) Evidence Provided in Article 17 of Q.SO 1984)
Qatl-i-amd liable to Qisas may be proved by the evidence as provided in Article 17 of Q.S.O,1984.

Execution of Qisas in Qatl-i-amd u/s 314

1. Qisas shall be executed by the functionary of the Govt.
2. Qisas shall be executed only in the presence of the wali of the victim
3. Where wali is not avaibale, qisas shall be executed in the presence of his duly authorized person
4. If the wali or his representative is not present even after being informed of the date, time, and

place, an officer authorized by the court shall give permisson for execution of qisas.
5. If the convict is a pregnant woman, the court may postpone qisas upto two years after the birth

o the child.

When Qisas is not applicable on the offender u/s 307

Thre are three cases in which Qisas in not applicable on the offender, namely:

1. Where the offender dies before the enforcement of Qisas
2. Where right of qisas is waived by any wali
3. Where the right of qisas devloves on the person who has no right of Qisas against offender.

Muhammad Ishaq Vs. The State, 1992 ( PLD Pehsawar 187)

Held: The Hight Court held that the question of waiver or compounding arise only after the accused Is
proved guitly.

Qatl-i-Amd not liable to Qisas u/s 306:

Qisas cannot be levied on the following four types of person;

1. Where the offender is minor
2. Where the offender is insane
3. Where the victim is offender’s child, granchild how low so ever
4. Where any wali of the victim is direct descendent how low so ever of the offender.

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