Qatl and Its Kinds
Qatl and Its Kinds
(i) Qatl-i-Amd
When a person intends to cause death or
bodily injury to another person, does an
act, which in ordinary course of nature is
likely to cause death or which is done with
knowledge that his act is so imminently
dangerous that it must in all probability
cause death, and causes death of such
person, he/she commits qatl-i-amd.
Essentials of Qatl-e-Amd
“A” shoots “Z” with the intention of killing
him. “Z” dies in Consequences “A”
commits this offence.
Illustrations
Followings punishments can be awarded against commission of Qatl-i-Amd
Punishment of Qatl-e-Amd
(ii) Qatl Shibh-i-Amd
When a person intends to cause harm to
body or mind of any person, and causes
death of that person or death of any other
person by means of a weapon or an act
which in ordinary course of nature is not
likely to cause death, he/she commits
qatl-shibh-i-amd.
Qatl Shibh-i-Amd
Explanation
A in order to cause hurt strikes Z with a
stick which in ordinary course of nature is
not likely to cause death, Z dies as a
result of such hurt, A shall be guilty of
Qatl-i-Shibh-i-Amd.
Illustration
Essentials of Qatl-i-Shibh-i-Amad
Following are the Essentials of Qatl-i-Shibh-i-
Amad.
1) Causing death of a human being
2) Harm to the body or mind of any person
must be intended
3) Death may of a person who is intended to be
harmed or of any other person
4)Weapons may be used to inflict such intended
harm
5) Death may also be caused by any other act
which in the ordinary course of nature is not
likely to cause death
Essentials
Punishment For Qatl-i-Shibh-i-Amd Under
Section 316 of P.P.C
(a) Diyat and Imprisonment
A person, who commits qatl-i-Shibh-i-
Amd, is liable to diyat and can also be
punished with imprisonment which may
extend to twenty five year as tazir.
Punishment
(iii) Qatl-i-Khata
When a person does not intend to cause
death of a person or cause harm to a
person, and causes death of such person
either by mistake of act or by mistake of
fact, he/she commits qatl-i-Khata.
Qatl-i-Khata
Explanations
A shoots at a deer but misses the target
and skills Z who is standing by A is guilty
of Qatal-i-Khata
.
A shoots at an object to be deer but it
turns out to be a human being A is guilty
of Qatl-i-Khata
Explanations
Essential ingredients of Qatl-i-Khata Under
section 318 of P.P.C
In order to hold a person liable to Qatl-i-Khata
following essential must be shown
1) Death of a human being caused
2) There was no intention
(i) To cause death
(ii) Nor any intention to cause bodily
harm
3) Death is caused either
(i) By mistake of fact
(ii) By mistake or act
Essentials
Punishment of Qatl-i-Khata under section 319 of P.P.C
Punishment
Qatl-i-Bis-Sabab
When a person does not intend to cause
death of another person or cause harm to
another person, and does any unlawful
act, which becomes a cause of death of
this another person
Qatl-i-Bis-Sabab
Essentials ingredients of Qatl-i-Bis-Sabab
Following are ingredients
1) The death of a human being is caused
2) There was no intention
(i) To cause death, or
(ii) Cause bodily harm to the
deceased
3) An unlawful act is done by the offender
Essentials
Punishment for Qatl-i-bis-sabab under
section 322 P.P.C
Section 322 provides that whoever
commits Qatl-i-Bis-Sabab shall be liable to
Diyat only.