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Punishment in PPC

The document discusses the various kinds of punishments that can be awarded under the Pakistan Penal Code (PPC). Section 53 of the PPC defines several types of punishments for different offenses, including qisas (retribution), diyat (compensation), arsh (damages), tazir (discretionary punishment), death, imprisonment, fines, and forfeiture of property. Imprisonment can be either simple or rigorous (with hard labor). In the case of a fine, a court may also impose a term of imprisonment if the fine is not paid, up to a maximum of 6 months. The purpose of punishment under the PPC is to prevent offenses through deterrence, retribution, reformation

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609 views

Punishment in PPC

The document discusses the various kinds of punishments that can be awarded under the Pakistan Penal Code (PPC). Section 53 of the PPC defines several types of punishments for different offenses, including qisas (retribution), diyat (compensation), arsh (damages), tazir (discretionary punishment), death, imprisonment, fines, and forfeiture of property. Imprisonment can be either simple or rigorous (with hard labor). In the case of a fine, a court may also impose a term of imprisonment if the fine is not paid, up to a maximum of 6 months. The purpose of punishment under the PPC is to prevent offenses through deterrence, retribution, reformation

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jim125
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We take content rights seriously. If you suspect this is your content, claim it here.
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Q. What are different kinds of punishments provided under P.P.C.

(2002) (2003) (2005/A)


Q. What are various kinds of punishment under the provisions
P.P.C.? 
(2004/A)( 2007/A)
What punishment in default of payment of fine can be awarded? (
1994)

1. Introduction:

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. 

1. Definition of punishment:

Black’ s Law dictionary


“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”

1. Relevnt provisions:

Following are the relevant provisions of P.P.C regarding concerned


topic. Section 53 of P.P.C.

1. Purpose of punishment

The purpose of punishment is the prevention of P.P.C offences .

1. Kinds of punishment u/sec 53:

The punishments to which offenders are liable under the provisions of


P.P.C are as under. 
1- Qisas
2- Diyat 
3- Arsh
4- Daman
5- Tazir
6- Death
7- Imprisonment for life
8- Imprisonment which namely
(i) Rigorous i-e with hard labour
(ii)Simple
9- Forfeiture of property
10- Fine

(I)Qisas: 
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/S 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.

1. Death of offender:

Where the offender dies before the enforcement of Qisas.

1. Waiver by wali:

Where right of qisas is waived by any 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.

1. 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
fayher.
(ll) Diyat:
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.
(III)ARSH:
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.
(iv) Daman:
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:

1. The expenses incurred on the treatment of the victim.


2. Loss or disability caused in the functioning or power of any
organ.
3. The anguish suffered by the victim.

(v) TAZIR: 
(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.
(iv) Death:
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 
(VIII) imprisonment:
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:

1. Rigorous
2. Simple

1. Rigorous :

In the case of rigorous imprisonment, the offender is put to labour


such as digging earth, drawing water etc.

1. Simlle:

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 
(x) Fine:
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

1. Sentence of imprisonment for non-payment of fine


u/sec 64:

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. 
(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.

1. Limit of imprisonment for non-payment of fine u/sec 65:

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.

1. Linit 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 of fine shall be simple and term
shall not exceed the following scale.
Amount of fine Term of imprisonment in default of payment of fine.
i. Not exceeding Not exceeding 2 months
Rs. 50/.
(ii)Not exceedingRs.100/. Not exceeding 4 months
(iii)in any other case Not exceeding 6 months

1. Conclusion

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.
Source: http://www.vuhelp.net/threads/8351-What-are-different-
kinds-of-punishments-provided-under-P-P-C

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