Sunday, 4 May 2014

Pakistan Penal Code 1860 Section 314

314.  Execution of qisas in qatl-i-amd.--(1) Qisas in qatl-i-amd shall be executed by a functionary of the Government by causing death of the convict as the Court may direct.

(2)  Qisas shall not be executed until all the walis are present at the time of execution, either personally or through their representatives authorised by them in writing in this behalf:

Provided that where a wali or his representative fails to present himself on the date, time and place of execution of qisas after having been informed of the date, time and place as certified by the Court, an officer authorised by the Court shall give permission for the execution of qasis and the Government shall cause execution of qisas in the absence of such wali.

(3)  If the convict is a woman who is pregnant, the Court may, in consultation with an authorised medical officer, postpone the execution of qisas up to a period of two years after the birth of the child and during this period she may be released on bail on furnishing of security to the satisfaction of the Court or, if she is not so released she shall be dealt with as if sentenced to simple imprisonment.

COMMENTARY

Scope. Qisas is to be executed by a functionary of the Government as required under S. 314, P.P.C. PLD 1996 SC 1.

 

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