Punishment U/Sec. 53 PPC

Punishment and its Kinds UNDER?P.P.C

Introduction.

The suffering inflicted by society on a criminal who has been found guilty of a crime under the law is known as punishment. The basic goal of punishing crimes is to foster an environment where others are discouraged from committing similar offences.

The P.P.C.'s Section 53 lists various punishments for various offences

Definition

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, some crime or offence committed by him or his omission of a duty enjoined by law”

Relevant Provision

Section 53 of P.P.C

Object of Punishment

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

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 may be (i) Rigorous (ii) Simple

9- Forfeiture of property

10- Fine

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.

Definition under Sec. 299k 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 qatl-i-amd in exercise the right of the victim or a wali.

Execution

a.????Death of offender:

Where the offender dies before the enforcement of Qisas.

b.????Waiver (give up a legal right) by wali:

?Where right of qisas is waived (ignored) 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.

d.?????Wali has no right of Qisas:

Where the person who does not have the right of qisas against the offender receives the right of qisas, as when the son cannot enforce qisas against his parent.

?DIYAT

Diyat refers to the compensation that is solely due in Qatl cases and not harm cases. It is only payable in situations when the offender has committed a crime, is not eligible for qisas, or if it is not enforceable.

(i)???????????????Definition u/sec 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 30630 grams silver.

?ARSH

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

·???????Definition u/sec299 (b):

“ Arsh means the compensation specified in P.P.C to be paid to the victim or the heirs.:

·???????Value of Arsh:

The value of Arsh will be assessed at certain percentage indicated various provisions of the value of diyat u/sec 323 P.P.C.

·???????Mode of payment:

The Arsh will be payable in lump sum or in installments spreading over three years from the date of final judgment

·???????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.

?DAMAN

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

·???????Definition u/sec 299 (d):

“Daman means the compensation determined by causing hurt not liable to arsh.”

·???????Value of Daman:

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

i.???????????????????The expenses incurred on the treatment of the victim.

i.???????????????????Loss or disability caused in the functioning or power of any organ.

ii.?????????????????The anguish suffered by the victim.

?

?TAZIR:

Definition u/sec 299 (1):

“Tazir means punishment other than (excluding) Qisas, Diyat, arsh or Daman.”

Punishment of Tazir:

Tazir may be inflicted by imposition of fine, imprisonment etc. it is the punishment which is left to the discretion (judgment) of the judge or court.

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/sec 121 P.P.C.

(ii)?????????????Murder u/sec 302, P.P.C.

(iii)???????????Hijacking u/sec 403- B, P.P.C. etc.

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 offenses, where death 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:

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.

·???????Kinds of imprisonment:

a.????Rigorous

b.????Simple

?Rigorous Imprisonment:

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

?Simple Imprisonment:

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

FORFEITURE OF PROPERTY

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

(i)???????????????Section 126 P.P.C

(ii)?????????????(II) Section 127. P.P.C

(iii)???????????section 169, .P.P.C

?

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

·???????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 (at the same time):

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

·???????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 imprisonment which is the maximum fine 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 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 2 months .Rs. 50/.

(ii)?????????????Not exceedingRs.100/. Not exceeding 4 months

(iii)???????????in any other case Not exceeding 6 months

Conclusion:

As a conclusion, I may state that the fundamental principle of criminal justice is that wrongdoing must be punished. To achieve this goal, Section 53 of the P.P.C. stipulates several forms of punishment based on various ideas, including deterrent, retributive, reformative, compensatory, preventative, etc., in addition to the punishment of whipping.

@legumlines #ppc #legumlines #legumline #punisment