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Hurt Not Laible to Charge
1. INTORDUCTION:
Every crime involves either Haqooq Allah or Huqooq ul Ibad or both. The Crimes against the Injunction of the Quran are part of Hudood. The punishments are prescribed in the Quran. The predominant ingredient of Hudood is violation of Haqooq Allah. As for example the offence of theft, robbery, dacoity and qazf etc. State or individual cannot interfere or change punishments provided for Hadd in the Quran.
2. Meaning:
Hurt means to cause physical pain to somebody or yourself.
3. Definitiion of Hurt:
Hurt is defined under Section 332 of the Pakistan Penal Code. The definition is as under:
Whoever causes pain, harm, disease, infirmity or injury to any person or impairs, disables or dismembers any organ of the body or part thereof of any person without causing his death is said to cause hurt.
4. Definition of Qisas:
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-Amad in exercise of the right of the victim or wali.
5. Hurt Not Liable To Qisas:
(i) Minor Offender:
Hurt shall not be liable to Qisas when the offender is a minor. In the case of female is person who has either attained the age of 16 years or has attained puberty. Puberty is presummed in the absence of evidence on completion of the age of 15 years, but it may be attained earlier.
(ii) Insane Offender:
Hurt shall not be liable to Qisas when the offender is insane.
(iii) Hurt at the Instance of Victim:
Hurt shall nbot be liable to Qisas when an offender at the instance of the victim causes hurt to him.
(iv) Itlaf -i-Udw Physically Imperfect Organ:
Hurt shall not be liable to Qisas when the ofender has caused Itlaf- i-Udw of a physically imperfect organ of the victim and the convict does not suffer form similar physical imperfection of such organ.
(a) Meaning Of Itlaf-i-Udw:
The same section provides tha the offencer shall be liable to arsh and may also be liable to Tazir provided for the kind of hurt caused by him.
(v) Organ is Missing:
Hurt shall not be liable to Qisas when the organ of the offender liable to Qisas is missing.
(a) In Lieu Of Qisas:
In such situation the offender shall be liable to arsh and may also be liable to Tazir provided for the kind of hurt caused by him. Tazir can be imposed according to the kind of hurt.
1. INTORDUCTION:
Every crime involves either Haqooq Allah or Huqooq ul Ibad or both. The Crimes against the Injunction of the Quran are part of Hudood. The punishments are prescribed in the Quran. The predominant ingredient of Hudood is violation of Haqooq Allah. As for example the offence of theft, robbery, dacoity and qazf etc. State or individual cannot interfere or change punishments provided for Hadd in the Quran.
2. Meaning:
Hurt means to cause physical pain to somebody or yourself.
3. Definitiion of Hurt:
Hurt is defined under Section 332 of the Pakistan Penal Code. The definition is as under:
Whoever causes pain, harm, disease, infirmity or injury to any person or impairs, disables or dismembers any organ of the body or part thereof of any person without causing his death is said to cause hurt.
4. Definition of Qisas:
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-Amad in exercise of the right of the victim or wali.
5. Hurt Not Liable To Qisas:
(i) Minor Offender:
Hurt shall not be liable to Qisas when the offender is a minor. In the case of female is person who has either attained the age of 16 years or has attained puberty. Puberty is presummed in the absence of evidence on completion of the age of 15 years, but it may be attained earlier.
(ii) Insane Offender:
Hurt shall not be liable to Qisas when the offender is insane.
(iii) Hurt at the Instance of Victim:
Hurt shall nbot be liable to Qisas when an offender at the instance of the victim causes hurt to him.
(iv) Itlaf -i-Udw Physically Imperfect Organ:
Hurt shall not be liable to Qisas when the ofender has caused Itlaf- i-Udw of a physically imperfect organ of the victim and the convict does not suffer form similar physical imperfection of such organ.
(a) Meaning Of Itlaf-i-Udw:
The same section provides tha the offencer shall be liable to arsh and may also be liable to Tazir provided for the kind of hurt caused by him.
(v) Organ is Missing:
Hurt shall not be liable to Qisas when the organ of the offender liable to Qisas is missing.
(a) In Lieu Of Qisas:
In such situation the offender shall be liable to arsh and may also be liable to Tazir provided for the kind of hurt caused by him. Tazir can be imposed according to the kind of hurt.