Motive means move, desire, wish, ill will, hatred, love, emotions, reasons, ego, and

complexes. A motive is proof of intention but is not essential against actus rea. Rule of
transfer of Malice. A crime in which intention was different but result is same it is also a crime.
Where there is no original crime there is not crime at all.

Recklessness and negligence: Nature of guilt, seriousness of actus reus, injury,

percentage of intention, quantum and quality of guilt is considered while deciding the criminal
liability. There is no full intention in negligence. That is less than 100%. A child who is dead by
the negligence of speedy car driving is not guilt of murder because there is no intention to kill
the deceased child. There was no pre-planed incident. But it should be noted that driving at
the speed of 100 kph at Wahdat Road could not be claimed negligence. There was neither
personal clash nor dispute so held he is not guilty of murder but he is responsible of less than
guilty of murder.

Recklessness is extreme type of negligence. Recklessness means over hasty act done.

Types of punishments under Pakistan Penal Code (PPC) inflicted to criminals:

Following are the punishments available under Pakistan Penal Code (PPC) inflicted to
criminals:

Death: This punishment is inflicted in case of murder, waging war against government,
mutiny, double murder, high jacking, robbery, false evidence in same cases, rape, false claim
of apostasy, abetment in all following cases. Death penalties also abolished in England, most
of European countries, and some states of USA. However, even in these countries, death
penalty is still awarded for the offences of treason, double murder, and murder of member of
royal family. Killing of Prime Minister and President is also a liable to death.

Imprisonment: It means to put wrongdoer in jail or put behind bars to live in till its
completion. It has two kinds as follows:

Rigorous imprisonment: It includes hard labour or working. Accused has to do

carpeting, grinding, handicraft, or digging earth etc.

Simple imprisonment: Accused is put in jail to stay there without doing anything.

Length of imprisonment: Maximum imprisonment in a single case is life imprisonment, i.e.,

14 years and minimum is till the rising of Court, e.g., whenever judge will leave, accused will
be free. To decided simple and rigorous imprisonment is not a discretionary matter, but it is
matter of law, whatever it is.

Imprisonment in default of payment of fine: If offence is punishable with both

imprisonment and fine, then imprisonment in default of fine shall not exceed th of the term
of imprisonment which is the maximum fixed by law for the offence.

Following is the scale of imprisonment in case of default:

Fine Imprisonment
Upto Rs. 50/- 02 months
Rs. 51/- to Rs. 100/- 04 months
Rs. 101/- onward 06 months

Whenever fine is paid, imprisonment is finished. If it is paid partially, imprisonment is abated

proportionally.

Solitary confinement is a mental torture to accused. The purpose for keeping the prisoner
in solitary confinement is to isolate him from any kind of discourse or contact with the outside
world. It is inflicted in order to provide an opportunity to the prisoner of feeling of loneliness
for creating wholesome influence to perform him. Following scale is followed:

Solitary confinement of:

One month = if term of imprisonment is not more than six months.

Two months = if term of imprisonment is not more than one year.

Three months = if term of imprisonment is more than one year.

Solitary confinement cannot be awarded in lieu of fine as part of imprisonment. It shall not
exceed 14 days at a time with intervals between the period of it and it shall not exceed seven
days in any one-month of the whole imprisonment awarded, with intervals between the
periods of it.

Fine is awarded in deserter concealed on board merchant vessel, abetment in bribery, liable,
agent for the benefit of riot, false statement for elections, illegal payment in elections,
noxious atmosphere, nuisance, and lottery office.

Whipping in alternative or in some cases additional punishment for certain offences. It is

awarded for theft, wrongful confinement, rape, unnatural offences, robbery, and dacoity.

Detention in reformatories: This is imposed on teenagers or young children. They are left
with their parents upon first offence. Sometime they are sent to reformatory centers or
schools where they get education to become good citizens.

Forfeiture of property is orders in waging war to government and illegal disposal of

property.

Hadd means a thing which distinguishes the two ones. Extreme of a thing is also called a
Hadd and it is a fixed punishment in which judge has no desecration to inflict on offenders.
These punishments are described in Quran. These are seven in numbers, i.e., theft, murder,
dacoity, apostasy, adultery, mutiny, and alcohol consumption. These punishments include
simple and rigorous imprisonment, whipping, stoning to death, beheading, amputation of
hand and foot, and fines etc. Punishments are inflicted keeping in view of severity of offence.

Taazir is unfixed and discretionary punishment in Islam. It is other than Hadd. It is inflicted as
the magnitude of the office is.

Retaliation or Qisas is a punishment, which is also fixed by Allah. Qisas is compound-able

punishment while Hudood are non-compound-able. Qisas is the infliction of the pain in the
same manner and on the same part of the body, without any discrimination. It means
punishment by causing similar hurt at 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-e-amd. The basic principle of
qisas is equality or similarity. It aims at to cause similar hurt at the same part of the body of
the convict as far as possible, keeping in view the opinion of the authorized medical officer as
the offender has caused to the victim.

Diyat or Blood Money means the punishment in the form of compensation to be paid by the
accused to the heirs of the victim.

Exemptions (defences) in Pakistan Penal Code (PPC):

1. Mistake of fact: Nothing is an offence, which is done by a person who is bound by law to
do that thing, or who by reason of a mistake of fact and not by reason of a mistake of law,
in good faith believes that he is bound by law to do that thing.

It should includes reasonable believe which does not exist. Person not only be a honest but
also due care and attention must be there and applied.

A lawful act done in pursuance of order of command is not offence. A policeman set fire on
mob by order of his superior in accordance to law is not an offence.

An unlawful act in lawful manner in suspect is no offence. An officer of Court arrests B,

considering A, by reason of a mistake of fact, in good faith, committed no offence.

In a case of State v Rose, a child killed his father believing his father is going to cut off
throat of his mother. Held defence being mistake of fact.

Timmappa v State case says that accused and deceased went in jungle for hunting.
They took positions. Deceased changed his position without brining into the knowledge of
his companion. Accused shot dead him accidentally and mistakenly.

State v Le-Kandan: Accused gave grievous hurt to victim believing a ghost and
proved fatal injury. Held no offence even ghosts are not recognized under any law in the
world.

In Sukaroo v State case, an operation conducted without lawful authority and cut off
the internal piles with ordinary knife. Man died. Held no reasonable care and attention
applied so guilty of murder.

2. S. 80 is related with accident, which is done by misfortune and without any criminal
intention or knowledge in doing of lawful act, in lawful manner, by lawful means, and with
proper care and attention.

During horse riding, horse became out of control and killed a man, held not liable. But
shooting of a bird in home, causing injury or death to person is no defence. Where there is
precautionary measures, negligence of victim is not defence.

If a stone is thrown on car, driver may lose its control over driving a car and consequently
it may hit to passerby. It is complete defence.
Criminal conspiracy 120-A 120-B: It is an agreement of two or more persons to do or
cause to be done an illegal act or act which is not illegal but committed by means of illegal,
such a agreement is designated a criminal conspiracy. Mere understanding or agreement is
enough to constitute the charge of criminal conspiracy. Needless to prove commission of
practical offence. Just arrangement of weapons to facilitate the offender is sufficient.

If A gives a parcel to B to deliver it to the house of C which actually contains a bomb which A
intends to cause criminal damage to Cs house. Both A & B are not guilty of criminal
conspiracy unless B knows the actual intention of A that he wants to damage property of C.
Overt act must be done to constitute criminal conspiracy.

Qatal or murder defined as causing death or killing a human being by human being. There
are two broad categories of murder, i.e., lawful murder and unlawful murder.

Lawful murder is divided into three kinds as follows:

1. Accidental: It is death where act to cause death is unintentional, unplanned, by mistake,

in doing lawful act, by lawful manner, and by lawful means with due care and
attention. For example, A has valid driving licence, driving a car on road with due care
and attention at appropriate speed. Suddenly a passerby comes before him and died, is
unintentional and accidental death.

2. Justifiable: This sort of killing is provided in general exceptions of Pakistan Penal Code
(PPC). It is a death, which is committed by mistake of fact or judicial decision. A judge may
convict an offender after fair trials and convict is hanged is judicial death. Self-defence is
also covered under exceptions.

3. Excusable: It is a death, which is caused by involuntary intoxication or by person of

unsound mind or minor.

There are four types of unlawful murders as defined in Qisas and Diyat Ordinance:

1. Qatal-i-Amd or intentional murder S. 300: There are five essential ingrediants of

Qatal-i-Amd, that are:

a) Causing death of human being;

b) Death should be caused by an act;

c) There must be bodily injury with intention;

d) The act in the ordinary course of nature is likely to cause death; and

e) Knowledge of dangerous act and can cause death.

Further death should be direct result of the injury inflicted to deceased.

Punishment: There are five possible penalties:

a) Death as Qisas;
 b) Death or life imprisonment as Taazir;

c) Imprisonment for twenty-five years where Qisas is not applicable. It is inapplicable in

the cases of minors, pregnant women, older people, person on bed of death etc.; or

d) Imprisonment as under Ikrah-I-tam; or

e) Ikrah-I-naqis shall be punished in one of the three ways mentioned above, whichever
suits.

Qisas means to copy the other or to follow the path followed by other, or act like the act of
another. It is infliction of similar injury to the convict.

Qisas is not applicable:

1. Where offender dies before the enforcement of Qisas;

2. Where right of Qisas is waived off by any Wali;

3. Where the right of Qisas devolves on the offender; and

4. Where the right of Qisas devolves on the person who has no right of Qisas against the
offender.

Qisas is not levied on the following four persons:

1. Where offender is minor;

2. Where offender is insane;

3. Where the victim is child of offender, or grandchild, or how-low-so-ever.

4. Where any Wali of the victim is direct descendant how-low-so-ever.

Taazir means punishment prescribed and awarded by the Court other than Qisas, Diyat, Arsh,
or Daman. It includes punishment of imprisonment, forfeiture of property, and fine. It is left at
the discretion of Court according to facts and circumstances of the case. Compound-ability
does not mean that as soon as Diyat is paid, compound-ability is granted, the convict is
released or gone away from jail, but he is kept behind the bars and compound-ability is just
conversion of death penalty by way of Qisas to imprisonment.

Diyat is a specific compensation payable to legal heirs of the victim and not victim or his
heirs, by the offender. It means it is applicable in case of murder only. It is not paid in the
cases of hurt or injuries. In default of payment of Diyat, convict is to be kept in jail to suffer
from simple imprisonment until the Diyat is paid in full. If convict dies before payment of
Diyat, it is recovered from his estate.

2. Qatal Shibe-i-Amd S. 315: It is also called culpable homicide not amounting to murder.
If act caused death is done with intention of causing death or bodily injury as is likely to
cause death, the punishment will be greater.

If act caused death is done with knowledge that it is likely to cause death but without
intention to cause death, the punishment will be lesser.

The essential ingredients are:

a) Causing death of a human being;

b) There was an intention to cause harm on body or mind;

c) By means of weapon or an act; and

 d) Act is not likely in ordinary course to cause death.

Punishment of culpable homicide not amounting to murder is Diyat, or imprisonment upto

14 years, or both.

3. Qatal-i-Khata S. 318: Ingredients of this offence are:

a) Causing death of a human being;

b) Causing death of a human being unintentionally;

c) Death by mistake of fact; and

d) Death by mistake of act.

Punishment of this murder is obligatory. Sentence of Diyat and imprisonment for five to ten
years may be awarded if the act is rash and negligent.

4. Qatal-i-Bis-Sabab S. 321: Ingredients are as follows:

a) Causing death of a human being;

b) Unintentionally;

c) By an unlawful act; and

d) Unlawful act causes death.

It is punishable with Diyat.

Offences of hurt: Hurt is harm caused to human body other than death. The ingredients of
hurt are:

1. Causing to any body;

2. Pain, harm, disease, infirmity, or injury;

3. Impairing, disabling, or dismembering any organ of the body; or

4. Without causing death.

Formula for Simple Hurt: B. I. D.:

Bodily pain, Infirmity, and Disease

If touch causing pain, abnormality, in contrast of normal way, anything which causes or effect
the normal functions of any organ of body. Any persons act, which causes bodily pain,
abnormality, and abnormal function of body organ, and inability to perform normal function of
organs.
Formula for Grievous Hurt: Eid-e-Fitar:

1. Eyes privation permanently, especially the sight.

2. Ears privation permanently, especially the hearing.

3. Infirmity of any organ permanently.

4. Disfigurement of any face or hand or feet.

5. Emasculation.

6. Fracture of any bone.

7. Injury on account of which the effected person.

8. Cannot peruse daily routine upto 20 days.

9. Tooth or teeth dislocation/extraction.

10. An injury on account of which any members joint is cut or dislocated.

11. Reduction in power of any member or joint of the body.

Different kinds of hurt: There are five types of hurt provided in Ordinance.

1. Itlaf-I-Udw S. 333: Itlaf means to destroy, to ruin, and decay. The word udw means limb
or organ. It means dismember, amputation, or cut off any limb or organ of the body.

2. Itlaf-I-Salahiyyat-I-Udw S. 335: It means destroy or permanently impairing the

functioning power of capacity of any organ of the body of a person or causing permanent
of some organ.

These offences are punishable with Qisas and where Qisas is not applicable there Arsh and
imprisonment is awarded. Arsh is compensation payable in case of hurt in contrast of murder,
to victim or his legal heirs. Its amount varies case to case.

3. Shajjah S. 337: It means injuries on head or face. There are six kinds of Shajjah.

a) Shajjah-I-Khafifah: It means simple hurt by any weapon on head or face

without exposing any bone of the victim.

b) Shajjah-I-Mudihah: It is simple hurt by any weapon, on head or face, where

though bone is exposed but no fracture is caused.

c) Shajjah-I-Hashimah: It is grievous hurt by any weapon, on head or face,

resulting in fracture of bone of victim without dislocating it.

d) Shajjah-I-Munaqillah: It is grievous hurt by any weapon, on head or face,

resulting in fracture and dislocation of bone of victim.

e) Shajjah-I-Ammah: It is grievous hurt by any weapon, causing fracture of the

skull of the victim, where the wound touches the member of the brain.

f) Shajjah-I-Damighah: This is also grievous hurt by any weapon, causing

fracture of the skull of the victim, so that the wound ruptures the membrane of
the brain.

4. Jurh S. 337 B: Jurh is derived from the word Jarooh which means injury. The word
jurh is used for injuries on human body other than injuries on head or face. These injuries
on human body can be divided into two kinds:
 a) Jaifah means injury, which extends to the body cavity of the trunk.

b) Ghayr Jaifah S. 337 E: It means injury, which does not amount to jaifah. Ghayr
Jaifah Jurh may further be divided into six kinds:

i) Damiyah: Damiyah ghayr jaifah jurh means injury with any weapon, in any part of
body except head or face in which skin is reptured and bleeding occurs.

ii) Badiah: It means injury with any weapon, on any part of body, except head or face,
by cutting on incising the flesh without exposing the bone.

iii) Mutalahimah: It means injury with any weapon, on any part of the body except
head or face, by lacerating the flesh.

iv) Mudihah: This type of jurh means injury with any weapon, on any part of the body,
except head or face, in which bone is exposed.

v) Hashimah: It means injury with any weapon, on any part of the body, except head
or face resulting in fracture of a bone without dislocating it.

vi) Munaqqilah: This jurh means injury with an weapon, on any part of body, except
head or face, resulting in fracture and dislocation of bone.

Punishment is Arsh and offender may also be awarded imprisonment as Taazir.

5. Other kinds of offences including hurt:

a) Hurt because of rash and negligent driving.

b) Hurt because of rash and negligent act other than driving.

c) Hurt caused by mistake.

d) Hurt by mean of poison.

e) Any other kind of hurt which endangers life or which causes the sufferer to remain in
sever bodily pain for 20 days or more or render him unable to follow his ordinary
pursuit for that much time.

Drinking: Whoever, intentionally and without ikrah or iztirar, takes an intoxicant by any
means whatsoever, whether such taking causes intoxication or not, shall be guilty of drinking.

Quran says, They ask thee, concerning wine and gambling, say, In Them is great sin, And
some profit, for men, But the sin is greater, Than the profit, They ask thee how much, They
are to spend, Say, What is beyond your needs. Thus doth Allah, Make clear to you, His
Signs, in order that, Ye may consider.

Wine or khumar is literally understood to mean fermented juice of grape; applied by

analogy to all fermented liquor, and by further analogy to an intoxicating liquor or drug. There
may possibly be some benefit in it, but the harm is greater than the benefit, especially if we
look at it from a social as well as an individual point of view.

Kinds of drinking: Drinking may be either drinking liable to hadd or drinking liable to taazir.

Drinking liable to hadd: Whoever being an adult Muslim takes intoxicating liquor by mouth
is guilty of drinking liable to hadd and shall be punished with whipping numbering eighty
stripes.

Punishment cannot be executed until or unless it is confirmed by the Court of law.

Proof of drinking liable to hadd: The proof of drinking liable to hadd shall be in one of the
following:

1. The accused makes before a Court of competent jurisdiction a confession of

commission of drinking liable to Hadd; and

2. At least two Muslim adult male witnesses, about whom the Court is satisfied, having
regard to the requirement of tazkiyah al-shuhood, that they are truthful persons and
abstain from major sins (Kabir), give evidence of the accused having committed the
offence of drinking liable to Hadd.

Tazkiyah al-shuhood means the mode of enquiry adopted by a Court to satisfy itself as to
the credibility of a witness.

Hadd is not enforced in the following cases:

1. When drinking is proved only by the confession of the convict but he retracts his
confession before the execution of hadd, and

2. When drinking is proved by testimony, but before the execution of hadd, any
witness retracts from his testimony so as to reduce the number of witnesses to less
than two.

3. Drinking liable to Taazir.

Drinking liable to Taazir:

1. Being a Muslim, is guilty of drinking which is not liable to hadd under Article 8 or for which
proof in either of the forms mentioned in Article 9 is not available and the Court is satisfied
that the offence stands proved by the evidence on the record.

2. Being a non-Muslim citizen of Pakistan, is guilty of drinking, except as a part of ceremony

prescribed by his religion, or

3. Being a non-Muslim who is not a citizen of Pakistan, is guilty of drinking at a public place.

Drinking liable to taazir shall be punished with imprisonment for a term which may extend to
three years or with whipping not exceeding thirty stripes, or with both.

Qazf: Whoever by words either spoken or intended to be read, or by signs or by visible

representations, makes or any person in tending to harm, or knowing or having reason to
believe that such imputation will harm, the reputation, or hurt the feelings, of such person, is
said, except in the cases hereinafter excepted, to commit Qazf.

Kinds of Qazf: Qazf may either be qazf liable to hadd or qazf liable to taazir.

Qazf liable to hadd: Whoever, being an adult, intentionally and without ambiguity commits
qazf of zina liable to hadd against a particular person who is a muhsin and capable of
performing sexual intercourse is, subject to the provisions of this Ordinance, said to commit
qazf liable to hadd.

Muhsin means a sane and adult Muslim who either has had no sexual intercourse or has had
such intercourse only with his or her lawful wedding spouse.

Proof of qazf liable to hadd: Proof of qazf liable to hadd shall be one of the following forms
namely:

1. The accused makes before the Court of competent jurisdiction a confession of the
commission of the offence.

2. The accused commits qazf in the presence of Court, and

3. At least two Muslim adult male witnesses, other than the victim of the qazf, about whom
the Court is satisfied, having regard to the requirement of tazkiyah al-shuhood, that they
are truthful persons and abstain from major sins (Kabir), give direct evidence of the
commission of qazf.

Punishment of qazf liable to hadd:

1. Whoever commits qazf liable to hadd shall be punished with whipping numbering eighty
strips.

2. After a person has been convicted for the offence of qazf liable to hadd, his evidence shall
not be admissible in any Court.

3. Punishment shall be executed upon the confirmation of the Court.

Qazf liable to taazir: Whoever commits qazf which is not liable to hadd, or for which proof in
any of the forms mentioned in S. 6 is not available or for which hadd may not be imposed or
enforced u/s 9 is said to commit qazf liable to taazir.

Punishment for qazf liable to taazir: Whoever commits qazf liable to taazir, shall be
punished with imprisonment of either description for a term which may extend to two years
and with whipping not exceeding forty strips and shall also be liable to fine.