Pakistan penal code., Summaries of Law

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Punishments in criminal law

definition

1. Psychological science analysis defines punishment as any consequence that occurs following a behavior that reduces the likelihood of the behavior occurring
2. Punishment is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority.
3. Punishment is the infliction of some kind of pain or loss upon a person for a misdeed (i.e., the transgression of a law or command).
4. Punishment is a penalty inflicted on an offender through judicial procedure.
5. Punishment is a penalty (as a fine or imprisonment) inflicted on an offender through the judicial and especially criminal process.
6. Punishment is a penalty or sanction given by State for any crime or offence.
7. Punishment is the infliction or imposition of a penalty as retribution for an offence.
8. Punishment is the act of inflicting a consequence or penalty on someone as a result of their wrongdoing, or the consequence or penalty itself.
9. Sanctions such as fine, confinement, or loss of rights to property administered to a person convicted of a crime.
10. Black’s Law Dictionary employs a legal defines punishment as, “In criminal law, any pain, penalty, suffering, or confinement inflicted upon a person by the authority of the law and the judgment and sentence of a court, for some crime or offense committed by him, or for his omission of a duty enjoined by law”

Kinds of punishment under Penal

code

1. Qisas, means punishment by causing similar hurt at the earn part of the body of the convict as he has caused to the victim or by causing his death if he has committed qatal- i-amd in exercise of the right of the victim or a wall.

Non-applicability of Qisas

There are four cases in which Qisas is not applicable on the offender, namely: i. Where the offender dies before the enforcement of Qisas. ii. Where right of Qisas waived by any will iii. Where right of Qisas devolves on the offender; and iv. Where the right of Qisas devolves on the person who has no right of Qisas against the offender.

2. Diyat “means the compensation specified in Section 323 payable to the heirs of the victim.“ 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 and the Federal Government shall, by notification in the official Gazette, declare the value of silver, on the 1st July each year or on such date as it may deem fit, which shall be the value payable during the financial year. (Section 23, PPC).
3. Arsh means a compensation which is payable by the offender to the victim or his heirs. It is defined in section 299(b) as: "Arsh means. the compensation specified in this Chapter to be paid to the victim of his heirs.

Kinds of punishment under Penal

code

1. Qisas, means punishment by causing similar hurt at the earn part of the body of the convict as he has caused to the victim or by causing his death if he has committed qatal- i-amd in exercise of the right of the victim or a wall.

Non-applicability of Qisas

There are four cases in which Qisas is not applicable on the offender, namely: i. Where the offender dies before the enforcement of Qisas. ii. Where right of Qisas waived by any will iii. Where right of Qisas devolves on the offender; and iv. Where the right of Qisas devolves on the person who has no right of Qisas against the offender.

2. Diyat “means the compensation specified in Section 323 payable to the heirs of the victim.“ 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 and the Federal Government shall, by notification in the official Gazette, declare the value of silver, on the 1st July each year or on such date as it may deem fit, which shall be the value payable during the financial year. (Section 23, PPC).
3. Arsh means a compensation which is payable by the offender to the victim or his heirs. It is defined in section 299(b) as: "Arsh means. the compensation specified in this Chapter to be paid to the victim of his heirs.

Kinds of punishment under Penal

code

9. Forfeiture of Property:- It means that the property of the offenders who are awarded with death, transportation or imprisonment will be seized. Property is retained as a punishment in the following cases i. Whoever commits, or prepares to commit, depredation on the territories, of any power, at peace with Government, shall be liable in addition to other punishments, to forfeiture of any property used, or intended to be used in depredation or acquired thereby. (Section 126). ii. Whoever knowingly receives property taken as above mentioned or in waging war against any Asiatic power at peace with government, shall be liable to forfeit such property. (Section 127). iii. A public servant, who improperly purchases property, which by virtue of his office, he is legally prohibited from purchasing forfeits such property.
10. Fine:- The ' Punishment of fine may also be given along with other punishment on the commission of any offence. it is as much a punishment as Diyat, Arsh or Daman. It is the only Punishment provided for in Sections 137, 154, 155, 156,171-G 171H, 171-1, 278, 283, 290 and 294-A. if the offence is liable with imprisonment as well as fine the term shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence.

Object

The Object of Punishment is to protect society from mischievous and undesirable elements by deterring potential offenders, by preventing the actual offenders from committing further offenses and by reforming and turning them into law abiding citizens.

theories/purpose of punishment

1. Deterrent Theory :- 'To deter' means, " to abstain from action/ doing ". Deterrent means, "infliction of severe punishments with punishments with a view to prevent the offender from committing the crime again." According to this theory, the object of punishment is not to only prevent the wrongdoer from doing a wrong a second time, but also to make him an example to others who have criminal tendencies. Salmond considers deterrent aspects of criminal justice to be the most important for control of crime. Penalty keeps the people under control, penalty protects them, penalty remains awake when people are asleep, so the wise have regarded punishment is a source of righteousness. In Pakistan, the deterrent theory is the basis of Penal Jurisprudence.
2. Retributive Theory :- In Primitive society punishment was mainly retributive. The person wronged was allowed to have revenge against the wrongdoer. The Principle of 'an eye for an eye', 'a tooth for a tooth ', a nail for nail, limb for limb was the basis of criminal administration.
3. Preventive theory :- Preventive theory is also known as 'theory of disablement.' According to this theory, punishment is based on the proposition, "not to avenge crime but to prevent it" The aim of this theory is to disable the criminal. Offenders are disabled from repeating the crime by awarding punishments, such as death, exile or forfeiture of Property. By putting the criminal in jail, he is prevented from committing another crime. The Preventive theory concentrates on the prisoner and seeks to prevent him from offending again in the future. The death penalty and exile serve the same purpose.

Punishment under PPC chapter iii

Sec-53. Punishments: The punishments to which offenders are liable under the provisions of

this Code are: Firstly,. Qisas; Secondly, Diyat; Thirdly, Arsh; Fourthly, Daman; Fifthly, Ta'zir; Sixthly, Death;- Seventhly, Imprisonment for life Eighthly, Imprisonment which is of two descriptions, namely:-- ,(i) Rigorous, i.e., with hard labour; (ii) Simple; Ninthly, Forfeiture of property; Tenthly, Fine

Punishment under PPC chapter iii

Sec-54. Commutation of sentence of death : In every case in which sentence of death shall

have been passed the Federal Government or the Provincial Government of the Province within which the offender shall have been sentenced may, without the consent of the offender, commute the punishment for any other punishment provided by this Code: Provided, that, in a case in which sentence of death shall have been passed against an offender convicted for an offence of qatl, such sentence shall not be commuted without the consent of the heirs of the victim.

Sec-55. Commutation of sentence of imprisonment for life : In every case in which sentence

of imprisonment for life shall have been passed, the Provincial Government of the Province within which the offender, shall have been sentenced may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years: Provided that, in a case in which sentence of imprisonment for life shall have been passed against an offender convicted for an offence punishable under Chapter XVI, such punishment shall not be commuted without the consent of the victim or, as the case may be, of his heirs. Chapter XVI relates to the Offences affecting the Human Body.

Punishment under PPC chapter iii

Sec-64. Sentence of imprisonment for non-payment of fine: In every case of an offence

punishable with imprisonment as well. as fine, in which the offender is sentenced to a fine, whether with or without imprisonment, and in every case of an offence punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine, it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender, shall suffer imprisonment for a certain term, which imprisonment shall be. in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.

Sec-65. Limit to imprisonment for non-payment of fine when imprisonment and fine

awardable: The term for which the Court directs the offender to be imprisoned in default of

payment of a fine shall, not exceed one-fourth of the term of imprisonment, which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.

66. Description of imprisonment for non-payment of fine : The imprisonment which the Court

imposes in default of payment of a fine may be of any description to which the offender might have been sentenced for the offence.

Punishment under PPC chapter iii

Sec-67. Imprisonment for non-payment of fine When offence punishable with fine only: If the

offence be punishable with fine only: the imprisonment which the Court imposes in default of payment of the fine shall be simple, and the term for which the Court directs the offender to be imprisoned, in default of payment of fine, shall not exceed the following scale that is to say, for any term not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any term not exceeding four months when the amount shall not exceed, one hundred rupees, and for any term not exceeding six months in any other case. i. for any term not exceeding two months when the amount of the fine shall not exceed fifty rupees ii. for any term not exceeding four months when the amount shall not exceed one hundred rupees iii. for any term not exceeding six months in any other case

Sec-68. Imprisonment to terminate on payment of fine: The imprisonment which is imposed in

default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law.

Punishment under PPC chapter iii

Sec-71. Limit of punishment of offence made up of several offences: where anything which is

an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided. Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or Where several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence, the offender shall not be punished with a more severe punishment than the Court which tries him could award for any one of such offence. a) A gives Z fifty strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the whole beating, and also by each of the blows which makes up the whole beating. If were liable to punishment for every blow, they might be imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the whole beating. b) But if, while A is beating Z, Y interferes, and A intentionally strikes Y, here as the blow given to Y is no part of the act whereby A voluntarily cause hurt to Z, A is liable to one punishment, for voluntarily causing hurt to Z, and to another for the blow given to Y.

Punishment under PPC chapter iii

Sec-72. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which: In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided if the same punishment is not provided, for all. When an accused is held guilty of one of several offences but it is not clear as to which one of these offences he is guilty of, he shall be awarded the lowest punishment as if he is guilty of the least serious offence out of those offences. If, however, all the offences are punishable with the same amount of punishment, that same sentence will be passed against him. where it is certain that either A or В has murdered Z, and also that whoever out of them has caused the murder has been actively and intentionally aided by the other in that murder: but who committed the murder and who aided is impossible to ascertain. Under these circumstances, both A and В shall be sentenced to the lesser punishment between the two offences. Sec-73. Solitary confinement: Whenever any person is convicted of an offence for which under this Code the Court has power to sentence him to rigorous imprisonment, ,the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, that is to say" i. a time not exceeding one month if the term of imprisonment shall not exceed six months; ii. a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year; iii. a time not exceeding three months if the term of imprisonment shall exceed one year.