KINDS OF PUNISHMENTS Criminal Law

KINDS OF PUNISHMENTS PROVIDED UND KINDS OF PUNISHMENTS PROVIDED UNDER PAKISTAN PENAL CODE

Punishment is the suffering in person or property inflicted by society on the offender who has been adjudged guilty of crime under the law. The main object of awarding punishments for offences is to create such an atmosphere which restrain people doing such offences. Section 53 of P.P.C defines several types of punishments for different offences. The purpose of punishment is the prevention of P.P.C offences.

DEFINITION OF PUNISHMENT:

According to Black’s Law dictionary “Any fine, penalty or confinement inflicted upon a person by the authority of the law and the judgment and sentence of a court, for some crime or offence committed by him or for his omission of a duty enjoined by law.”

APPLICABLE PROVISIONS:

Following are the relevant provisions of P.P.C regarding concerned topic. Section 53 of P.P.C.

KINDS OF PUNISHMENT UNDER SECTION 53:

The punishments to which offenders are liable under the provisions of P.P.C are as under.

Qisas
Diyat
Arsh
Daman
Tazir
Death
Imprisonment for life
Imprisonment which namely
Rigorous i-e. with hard labour
Simple
of Property
Fine
I) QISAS

Qisas means to follow the path followed by the other. Literary Meaning the term Qiasa is literally derived form Al Qasas which means to follow in someone footsteps.

According to justice Qurban ali Shah Qisas means punishment by causing similar hurt at the same part of the body of the convict as he has caused to the victim or by causing his death if he has committed Qatl-I Amd in exercise of his right of the victim or a wali.

According to section 299 (K) of PPC: “Qisas means punishment by causing similar hurt at the same part of the body of the convict as he has caused to the victim or by causing his death, if he has committed qatll-i-amd in exercise of the right of the victim or a wali.

EXCEPTION OF QISAR:

There are four cases in which qisas is not applicable on the offender.

DEATH OF OFFENDER:
Where the offender dies before the enforcement of qisas.

WAIVER BY WALI:
Where right of qisas is waived by any Wali.

RIGHT OF QISAS DEVOLVES ON OFFENDER:
When the right of qisas devolves on the offender as result of the death of the Wali of the victim.

WALI HAS NO RIGHT OF QISAS:
Where right of Qisas devolves on the person who has no right of qisas against the offender e.g. the son cannot enforce qisas against his father.

(II) DIYAT:

Diyat means the compensation granted to the heirs of the victim by the offender only in cases of Qatl and not in cases of hurt. It is payable only in cases where an offender guilty of qatle-I-amd is not liable to qisas or where qisas is not enforceable.

(I) ACCORDING TO SECTION 299 (E): “Diyat means the compensation specified in section 323 payable to the heirs of the victim.”

(ii) VALUE OF DIYAT U/SEC 323: The court shall subject to the injunctions of Islam, as laid down in the Holy Quran and sunnah, and keeping in view the financial position of the convict and the heirs of the victim, fix the value of diyat which shall not be less than the value of thirty thousand six hundred and thirty grams of silver.

(III) ARSH:

Arsh is the kind of compensation payable at the causing of hurt.

(I) ACCORDING TO SECTION 299 (B) Arsh means the compensation specified in P.P.C to be paid to the victim or his heir.”

(ii). VALUE OF ARSH: The value of Arsh will be assessed at certain percentage indicated various provisos of the value of diyat u/sec 323 P.P.C.

(iii) MODE OF PAYMENT: The Arsh will be payable in lumpsum (at once) or in installments spreading over three years from the date of final judgment.

(iv) FAILURE TO PAY ARSH: In case of default, the offender may be kept in jail to serve the simple imprisonment until Arsh is paid in full. It may be awarded in the following sections.

◆ Section 334 P.P.C.

◆ Section 337 P.P.C.

(IV)-DAMAN:

The word Daman is actually Dhman. It means compensation which is determined by the court.

(I) ACCORDING TO SECTION 299 (D): “Daman means the compensation determined by the court to be paid by the offender to the victim for causing hurt not liable to arsh.”

(ii) VALUE OF DAMAN:

The value of daman will be determined by the court, keeping in view:

The expenses incurred on the treatment of the victim.
Loss or disability caused in the functioning or power of any or organ.
The anguish suffered by the victim.
(V) TAZIR:

(I) According to section 299 (l): “Tazir means punishment other than Qisas, Diyat, arsh or Daman.”

(II) PUNISHMENT OF TAZIR: Tazir may be inflicted by imposition of Fine, imprisonment etc. It is the punishment which is left to the discretion of the judge or court.

(VI) DEATH:

Death is the capital punishment that may be awarded for certain offences under P.P.C. Such as:

Waging war against Pakistan u/sec 121 P.P.C.
Murder u/sec 302· . P.C
Hijacking u/sec 40-B, P.P.C etc.
(VII) IMPRISONMENT FOR LIFE:

Life imprisonment (also known as a life sentence, lifelong confinement) is any sentence of imprisonment for a crime under which convicted persons are to remain in prison for the rest of their lives. Sentence of imprisonment for life means, for remaining span of natural of the convict, which is accepted as being of 25 years duration.

Following are some of the offences, where it may be inflicted, as punishment.

Sedition u/sec 124-A P.P.C,
Counterfeiting Pakistan coin u/sec 232 P.P.C.
Punishment for murder under section 302 P.P.C.
(VIII) IMPRISONMENT:

Imprisonment means confinement of convict within certain prescribed limits. The maximum period Fourteen years under section 55 P.P.C and the shortest term provided for an offence is twenty four hours under section 510 P.P.C. There are two Kinds of Imprisonment:

Rigorous
In the case of rigorous imprisonment, the offender is put to hard labour such as digging earth, drawing water etc.

Simple
In the case of simple imprisonment, the offender is confined to jail and is not put to any kind of work.

(IX) FORFEITURE OF PROPERTY:

Forfeiture of specific property may be awarded as punishment in the following sections,

Section 126, P, P.C
Section 127, P.P.C
Section 169, P.P.C
(X) FINE:

Fine is the punishment which may be awarded in some offences alongwith the imprisonment. Fine is the only punishment provided for in sections.

◆ 137,154.156,156,171-G, 171-H, 171-I, ,278.283., 290 and 294A, P.P.C

SENTENCE OF IMPRISONMENT FOR NON-PAYMENT OF FINE U/SEC 64:
In every case where sentence of fine is awarded, whether it is alongwith imprisonment or without imprisonment, the Court may direct that in default of payment of the fine, the offender shall suffer Imprisonment for a certain term, which shall be in excess of any other imprisonment to which he may have been sentence or to which he may be liable under a communication of a sentence.

(I) SENTENCE OF IMPRISONMENT NOT TO RUN CONCURRENTLY:

A sentence of imprisonment in default of fine has to be served out separately. That sentence cannot run concurrently with any other sentence.

LIMIT OF IMPRISONMENT FOR NON- PAYMENT OF FINE U/SEC 65:
If the offence is punishable with imprisonment well as fine the term shall not exceed one fourth of the term of imprisonment which is the maximum fixed for the offence.

LIMIT OF IMPRISONMENT FOR NON- PAYMENT OF FINE U/SEC 67:
If the offence is punishable with fine only. The imprisonment which the Court imposes in default of payment to of fine shall be simple in the term shall not exceed the following scale.

Amount of Fine Term of Imprisonment in Default of payment of Fine
Nor exceeding Rs. 50 Not exceeding 2 months
Not Exceeding Rs. 100 Not exceeding 4 months
In any other case Not exceeding 6 months
I can say, that it is the basic purpose of criminal justice that wrong doer (culprit) should be Punished. To fulfill this purpose section 53 of P.P.C. provided different types of Punishments based on different theories viz deterrent, Retributive, reformative compensatory, preventive etc Apart these Punishments the punishment, of whipping, added by whipping Act may also be awarded and juvenile offenders, sentenced to and detained in a reformatory school for a period of 3 to 7 years.

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