Syllabus Revision Program by Islami Jamiat Talba,

For Batch 19-24,

Punjab University Law College.

Subject: Criminal Law (LL.B Part III)

QATL

1.INTRODUCTION:

According to Islamic law, there are kind of qutl. Which have been included in P.P.C. The
word “ Qqtl” simply means the unlawful killing of a human being. It is equivalent to culpable
homicide culpable homicide either amounts to murder i-e-qatl-l-Amd or dose not amount to
murder as defined in section 315, 318, and 321 P.P.C.

2. RELEVANT PROVISIONS:

Follow are the relevant provisions of P.P.C

Section 302 to 322 P.P.C.

3. DEFINITION OF QATL U/SEC. 299(J:

“Qatl means causing death of person.”

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4. KINDS OF QATL:

Following are the different kinds of Qatl.

(I) Qatl-l-AMD (II) Qatl shibh-i-Aed (iii) Qatl –i khata (IV) Qatl- Bis- Sabab

(I) QALT-L-AMD:

A. Definition u/sec 300: Whoever with the intention of causing death or with the
intention of causing bodily injury to a person by doing an act which in the ordinary course of
nature is likely to cause death or with the knowledge that his act is so imminently dangerous that
must in all probability cause death causes the death of such person, is said to commit qatl-i- amd.

B. Ingredients Of Sec. 300: Following are the ingredients of Sec. 300.

(i) Intention: To constitute the offence of Qatl- l-Amd there must be intention to cause
death or to cause bodily injury, on the part of the offender where the accused had the
intention to cause such bodily injury as he knew to be likely to cause the victim, s death
or if he knew that his act was so imminently dangerous that it must in all probability
cause death he would be guilty of Qatl-i-amd.

(ii) Doing of Act: Intention must be accompanied with doing of an act which in the
ordinary course of nature is likely to cause death or which is so imminently dangerous
that it must in all probability cause death. The phrase “ Imminently dangerous” deals with
cases where an act in dose without any intention to kill but with such utter disregard of
consequences that there is imputable knowledge that death is an extremely contingency.
Illustration: A‟ shoots „Z‟ with the intention of killing him .‟A‟ commits the offence of
Qatl-i-amd.

(iii)Causing of Death: To constitute Qatl-i-amd. The act must result in casing of death of
another person. Accused can come within the mischief of this section only if death is
direct result of the injury inflicted by the accused. (PLD1976 Sc 377)

C. Determining Factors: Following factors may be taken into consideration by the court
to determine whether the accused in guilty of qatl-i-amd or not.

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 1. Manner of causing the injuries as defined by the prosecution witnesses.

2. The nature of the injuries caused.

3. The part of the body where they were caused.

4. The weapon used by the accused in the commission of the offence.

5. The conduct of the accused.

D. Proof of Qatl-I-AMD: Prosecution has to establish its case against the accused
beyond reasonable doubt and every doubt is to be resolved in fa vour of the
accused.(2994 SC MR 1614) E. Punishment u/sec 302: Whoever commits qatl-I amd
shall be punished with:

1. Death as qisas.

2. Death or imprisonment for life as tazir having regard to the facts and circumstances of
the case, if the proof in either of the forms specified in section 304 is not available, or
Case law (P.L.D 1994 S.S 274) Sec. 302 of Pakistan penal code therefore, itself
contemplates plainly clearly a category of cases which are within the definition of Qatl-I
Amd but for which the punishment can, under the Islamic Law, be one other than death
or life imprisonment. An to what are the cases falling under c1use © of 302, the, law
maker has left it to courts to decide on a case to case basis

1. Imprisonment of either description for a term which may extend to twenty-five years,
where according to the injunctions of Islam the punishment of qisas is not applicable.

F. Poof of Qatl-i-Amd Liable to Qisas u/sec 304: Proof of Qatl-i-amd shall be in any of
the following foornis.

(i) Confession

(ii) Evidence provided by article 17 Q.S.O, 1984.

(i) Confession: Accused must makes before a court competent to try the offence a
voluntary and true confession of the commission of the offence.

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 a. Meaning of Confession: “it is not defined in P.P.C. 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 from 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.

(II) QATL SHIBH-L AMD:

A.Definition u/se 315:

Whoever with intent to cause harm to the body or mind of any person, causes the death of
that or of any other perse by means of a weapon or an act which in the ordinary course (nature is
not likely to cause death, is said to commit qatl Shibhi –I amd .

B. Illustration:

„A‟ in order to cause hurt strikes „Z‟ with a stick c stone which in the ordinary course of
nature is not likely to cause death. „Z‟ dies as a result of such hurt. „A‟ shall be guilty of qatl
shibh –I amd.

C. Ingredients: Following are the essential ingredient of see.315.

(i) Causing death of human beings

(ii) Intention was to cause harm to body or mind.

(iii) Death must be caused by means of a weapon or a act.

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 (iv) Which in ordinary cause of nature is not likely to cause death.

D. Punishment u/sec 316:

Whoever commits qatl - shibh –I amd be liable to diyat and may also be punished with
imprisonment of either description for a term which may extend to fourteen years as tazir.

(i) Meaning of Diyat u/sec 299(e): Diyat means the compensation specified in
section 323 payable to the heirs of the victim. Which is not less than the value
of thirty thousand, six hundred and thirty grams of silver.

(III)QATL –I KHATA:

A.Definition u/sec 318:

Whoever without any intention to cause death of or harm to a person cause death of such
person either by mistake of act or by mistake of fact.

B. Illustration: „A‟ aims at a deer hut misses the target and Kill „Z‟ who is standing by „A‟ is
guilty of Qatl i- Khata.

C. Following are the essential ingredients of sec 318.

(i) Causing death of a human being.

(ii) Unintentionally

(iii) By mistake of fact, or

(iv) By mistake of act.

D. Punishment:

(i) U/sec 319

Whoever commits qatl-I khata shall be liable diyat and where it was committed by any
rash negligent act the offender may in addition to diyat also be punished with imprisonment of
either description for a term which may extend to five years as tazir.

(ii) U/sec 320:

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 Whoever commits qatl –I-khata by rash or negligent driving shall in addition to diyat by
punished with imprisonment of either description for a term which may extend to ten years.

E. Scope:

Word driving in its application u/sec 320 is limited to a person or person on road and not
to animals on the road. Injury or death of occupants or passengers of a driven vehicle will not be
covered by mischief of sec. 320 P.P.C(1995MILD 1775)

(IV)QATL- BLS-SABAB:

A.Definition U/sec 321:

Whoever without any intention to cause death of or harm to any person dose any
unlawful act which become a case for the death of another person, is said to commit qatl-
bis-sabab.

B. Illustration:

„A‟ unlawfully digs a pit in the thoroughfare, but without any intention to cause the death
of or harm to any person. „B‟ while passing form there falls in it and is killed „A‟ has committed
qatl- bis- sabab.

C. Ingredients: Following are the essential ingredients of sec. 321.

(i) Causing death of a human being

(ii) Unintentionally

(iii) By doing of an unlawful act

(iv) That unlawful act becomes the cause of the death

D. Punishment u/sec 322:

Whoever commits qaly-bis-sabsb shall be liable to diyat.

5. DIFFERENCE BETWEEN QATL-L-KHATA AND QATAL- BIS- SABAB:

(I) As To Mistake:

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 Qatl-i-khata is committed due to some mistake which is either of fact or act. Qatl- bis –
sabab is wholly unintentional and whith any mistake.

(II)Cause Of Death:

In Qatl-i-khata, cause of the death is the direct act of the offender. In Qatl-bis-sabsb,
cause of the death is some another unlaeful intervening act.

(III) Aggravating Punishement:

Punishment of qatl-I –khata is the payment of diyat but if it is committed by any rash of
negligent act the offender may. In addition to diyat also be punished with imprisonment. Qatl-i-
bis-sabab is punishable only with dityat

(IV) Effect Of Rash Or Negligent:

If Qatl-i-khata is committed by rash or negligent driving the punishment is the payment

6. CONCLUSION:

To conclude. I can say, that qatl is the causing of death of another person. It may be
intentional unintentional. There are different types of qatl provided under P.P.C. qatl which
amounted to murder is called qatl-i-amd while the qalt which does not amounted to murder is
called qatl shibh-amd, qatl-i- khata and Qatal-bis-sadad- Mensrea is an essential ingredient of
qatl-I- khata and qatl-i-shilbh-amd while in the remaining two cases mens- rea cannot
contemplated.

References and further reading:

• https://studybix.com/kinds-qatl-punishment/
• http://www.entrytest.com/legal-questions/31/different-kinds-of-qatl-and-their-
punishments.aspx

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Prepared by: Abdus Salam

Team Head: Numan Younas

Project by Islami Jamiat Talaba, Punjab University Law College

BEST OF LUCK … !!

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