Sunday, 4 May 2014

Pakistan Penal Code 1860 Section 322

322.  Punishment for qatl-bis-sabab.--Whoever commits qatl-bis-sabab shall be liable to diyat.

COMMENTARY

Scope. (1) Qatle-Amd is a premeditated murder. (2) Qatl Shibeh Amd is murder when a person dies as a result of injury from something which is neither a weapon nor like a weapon. (3) Qatl Khata (homicide by error) is a result of error. (4) Qatl Misle Khata or homicide by quasi-error is when a person while sleeping falls on another person who is thereby killed or a person falls from a roof on another person who is thereby killed or some brick or piece of wood falling from the hand of a person by mistake drops on another person who is killed or a person riding on an animal trampled and thus killed the deceased. (5) The illustration of Qatal Bissabab is a person losing his life by falling into a well excavated by the accused on another person's land. PLD 1980 FSC 1. Due consideration to be given to the intention or sudden impulse. 1992 PCr.LJ 1993. Negligence in medical treatment. 1989 PCr.LJ 402; PLD 1979 S.C. 377.

 

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