Kinds of Qatal
Define and differentiate between Qatl-e-Amd and Qatl-e- Shiba-e-Amd, along with their respective punishments.
Introduction
The major object of law is to protect the lives of citizens of society from offenders. Qatl means causing the death of a person. It is the killing of a human being by a human being. When someone intentionally causes the death of another person by using deadly weapons, after knowing that his act is very dangerous and can cause death, it is called Qatl-e-Amd. When someone has the intention to cause bodily injury to others by doing an act but the injured person dies without mens rea, it is called Qatl-e-Shibe-Amd. Qatl can be lawful or unlawful, Lawful Qatl has been divided into three categories. Accidental, justifiable, and Excusable.
Meaning of Qatl
The word Qatl is an Arabic word that means “to Kill, to put death”
Definition of Qatl
Unlawful killing of one human being by another human being by an unlawful act
Kinds of unlawful Qatls
Following are four major types of unlawful qatls provided and defined in the Qisas and diyat ordinance.
Qatl-e-Amd
When someone intentionally causes the death of another person by using deadly weapons, after knowing that his act is very dangerous and can cause death, it is called Qatl-e- Amd
Punishment for Qatl-e-Amd
Following are the punishments for those who commit Qatl-e-Amd. Details are as under:
- Punished with Death as Qisas
- Punished with Death as Tazir
- Imprisonment for life as Tazir, the term of imprisonment can be 25 five years but not less than 10 years
No clause will apply if the offense of Qatl-e-Amd is committed in the name of honor
Example
A shoots Z, to kill Z, and if Z dies, A will be liable for Qatl-e-Amd
Qatl-e-Shiba-Amd
When someone has the intention to cause bodily injury to another by doing an act but the injured person dies without mens rea, it is called Qatl-e-Shibe-Amd
Punishment for Qatl-e-Shiba-e-Amd
Following are the punishments for those who commit Qatl-e-shiba-e-Amd.
Details are as under:
He will be punished as Diyat
Punished with imprisonment, the term of imprisonment can be 25 years
Example
A attacks B, with a stick which cannot become the cause of death of B. if B dies as a result of such an attack. A will be liable for Qatl-e-Shiba-e-Amd
Qatl-e-Khata
When someone causes the death of a person either by mistake of the act or by mistake of fact, and has no intention to cause the death or cause harm of a person, is called Qatl-e- Khata
Punishment for Qatl-e-Khata
Following are the punishments for those who commit Qatl-e-Khata. Details are as under:
Where the death of a person is caused by a negligent act, the accused will be punished with imprisonment with the term of 5 years as their
Where the death of a person is caused by negligent driving, the accused will be punished with imprisonment with the term of 10 years as Tazir
Example
If A shoots a deer to hunt, but mistakenly, a bullet hits a person standing nearby and the person dies. A will be liable for Qatl-e-Khata
Qatl-e-Bis-Sabab
When someone causes death of a person without any intention to cause death or harm to another, but is accused does an unlawful act which becomes a cause of death of another person, it is called Qatl-e-bis-Sabad
Punishment for Qatl-e-Bis-Sabab
Following are the punishments for those who commit Qatl-e-Bis-Sabab. Details are as under:
1) One who commits qatl-e-Bis-Sabab shall be liable to Diyat only
Example
If person A unlawfully digs a pit in the way without any intention to death or harm other, and any person B falls in it and dies, A will be liable for Qatl-e-Bis-Sabad
Essential elements of Qatl
The following are essential elements of Qatl. Details are being given as under
- There must be the death of a human being
- Weapon may be used under some circumstance
- Such death must be caused by doing an act
- The act should be unlawful or dangerous
- There must be an intention to die under some circumstances
- There should be a mistake of fact or mistake of act
- Knowledge about an act that, is likely can cause death
Differences between different types of Qatl
Following are the differences between different types of Qatl. Details are as under.
As to intention
Qatl-e-Amd, accused of intentionally causing the death of a person
Qatl-e-Shiba-Amd, accused of unintentionally causing the death of the person
Qatl-e-Khata, accused of unintentionally causing the death of the person
Qatl-e-Bis-Sabab, accused of unintentionally caused the death of a person
As to Mens Rea
Qatl-e-Amd, Mens rea is an essential element in qatl-e-am which needs to be proved by the prosecutor
Qatl-e-Shiba-Amd, Mens rea is an essential element in qatl-e-shiba-amd which needs to be proved by the prosecutor
Qatl-e-Khata, No mens rea is required to be proved
Qatl-e-Bis-Sabab, No mens rea is required to be proved
As to the Punishment of Qisas
Qatl-e-Amd, the punishment of Qisas is available for Qatl-e-amd
Qatl-e-Shiba-Amd, the punishment of Qisas is not available for Qatl-e-Shiba-e- amd
Qatl-e-Khata the punishment of Qisas is not available for Qatl-e-Khata
Qatl-e-Bis-Sabab, the punishment of Qisas is not available for Qatl-e-Bis-Sabab
As to the Punishment of Diyat
Qatl-e-Amd, the punishment of Diyat is not available for Qatl-e-amd
Qatl-e-Shiba-Amd, the punishment of Diyat is available for Qatl-e-Shiba-e-amd
Qatl-e-Khata, the punishment of Diyat is available for Qatl-e-Khata
Qatl-e-Bis-Sabab, the punishment of Diyat is available for Qatl-e-Bis-Sabab
Conclusion
Under the Pakistan Penal Code, different kinds of punishments have been defined for different kinds of Qatal by doing an unlawful act by an offender. The law determines whether the act has been committed intentionally or unintentionally, lawful or not, and committed by mistake of fact or by mistake of the act, after all, determination, the court decides the punishment for the accused to prevent society from offending and commission of such act in future