Q. What are different kinds of punishments provided under P.P.C. (2002) (2003) (2005/A)
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Q. What are various kinds of punishment under the provisions P.P.C.?
What punishment in default of payment of fine can be awarded? ( 1994)
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 offense 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.
Black’ s Law dictionary
- Definition of punishment:
“Any fine, penalty or confinement inflicted upon a person by the authority of the law and the Judgement and sentence of a court, some crime or offence committed by him or his omission of a duty enjoined by law”
Following are the relevant provisions of P.P.C regarding concerned topic. Section 53 of P.P.C.
- Relevnt provisions:
The purpose of punishment is the prevention of P.P.C offences .
- Purpose of punishment
The punishments to which offenders are liable under the provisions of P.P.C are as under.
- Kinds of punishment u/sec 53:
7- Imprisonment for life
8- Imprisonment which namely
(i) Rigorous i-e with hard labour
9- Forfeiture of property
Qisas means “ To copy the other” or to follow the part followed by the other. The basic principle of Qisas is similarity. If similarity of injury is not possible- qisas may not be enforced.
(i) Definition u/SEC 299 (K):
“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 the right of the victim or a wali
(ii) Exection of Qisas
There are four cases in which qisas is not applicable on the offender.
Where the offender dies before the enforcement of Qisas.
- Death of offender:
Where right of qisas is waived by any wali.
- Waiver by wali:
C. 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.
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 fayher.
- Wali has no right of Qisas:
Diyat means the compensation payable only in cases Qatl and not in cases of hurt. It is payable only in cases where cases an offender guilty of qatle –I – amd is not lible to qisas or where is not enforceable.
(i) Definition u/sec 299 (e):
iyat means the compensation specified in section 323 payable to the heirs of the victim.”
(ii) Value of Diyat u/sea 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 silver.
Arsh is the kind of compensation payable at the causing of hurt.
(i) Definition u/sec299 (b):
“ Arsh means the compensation specified in P.P.C to be paid to the victim or the heirs.:
(ii) Value of Arsh:
The value of Arch will be assessed at certain percentage indicated various provisions of the value of diyat u/sec 323 P.P.C.
(III) Mode of payment:
The Arsh will be payable in lumpsun or in instalments spreading over three years from the date of final judgement
(iii) 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 section.
Section 334 P.P.C.
Section 337 P.P.C.
The word Daman is actually Dhman. It means compensation which is determined by the court.
(i) Definition u/sec 299 (d):
“Daman names the compensation determined by 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 organ.
- The anguish suffered by the victim.
(I) Definition u/sec 299 (1):
“Tair means punishment other than Qisas, Diyat, arsh or Daman.”
(iii) 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.
Death is the capital punishment that may be awarded for certain offences under P.P.C. Such as:
(i) Waging war against Pakistan u/sea 121 P.P.C.
(ii) Murder u/sec 302, P.P.C.
(iii) Hijacking u/sec 403- B, P.P.C. etc.
(Vii) Imprisonment for Life:
Sentence of imprisonment for life means, for remaining as span of natural life of convict, which is accepted as being of 25 years duration. (PLD 1968 LAH. 1)
Following are some of the offense, where it may be inflicted, as punishment.
(i) Sedition u/sec 124-A P.P.C.
(ii) Counterfeiting Pakistan coin u/sea 232 P.P.C.
(iii) Punishment for murder u/sec 302P/P/C
Imprisonment means confinement of convict within certain prescribed limits. The maximum period of imprisonment that can be awarded for an offence is fourteen years u/sec 55 P.P.C and the shortest term provided for an offence twenty four hours u/sec 510 P.P.C.
(I) Kind of imprisonment:
In the case of rigorous imprisonment, the offender is put to labour such as digging earth, drawing water etc.
- Rigorous :
In the case of simply imprisonment the offender is confine
d 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 section, (i) section 126 P.P.C (II) Section 127. P.P.C (iii) section 169, .P.P.C
Fine is the punishment which may be awarded in some offences along with the imprisonment. Fine is the only punishment provided for in section.
137, 154, 155, 156, 171-G, 171-H, 171- 1.278, 283, and 290, P.P.C
In every case where sentence of fine is awarded whether it is along with 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 be may have been sentenced or to which he may be liable under a commutation of a sentence.
- Sentence of imprisonment for non-payment of fine u/sec 64:
(I) Sentence of imprisonment not to run concurrently:
A sentences of imprisonment in default of fine has to be served out separately. That sentence cannot run COCURRENTL with any other sentence.
If the offence is punishable with imprisonment as well as fine the term shall not exceed one fourth of the of imprisonment which is the maximum finds for the offence.
- Limit of imprisonment for non-payment of fine u/sec 65:
If the offence is punishable with fine only, the imprisonment which the court imposes in default of payment of fine shall be simple and term shall not exceed the following scale.
- Linit of imprisonment for non- payment of fine u/sec 67:
Amount of fine Term of imprisonment in default of payment of fine.
i. Not exceeding Not exceeding 2 months
(ii)Not exceedingRs.100/. Not exceeding 4 months
(iii)in any other case Not exceeding 6 months
To conclude, I can say, that it is basic of criminal justice that wrong dose should be punished. To fulfil this aim section 53 of P.P.C provided different kinds of punishment 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 imprisonment may be sentenced to and detained in a reformatory school for a period of 3 to 7 years.
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