Pakistan Penal Code 1860 Section 323

323.  Value of diyat.--(1) The Court shall, subject to the Injunctions of Islam as laid down in the Holy Qur'an and Sunnah and keeping in view the financial position of the convict and the heirs of the victim, fix the value of diyat which shall not be less than the value of thirty thousand, six hundred and thirty grams of silver.

(2)  For the purposes of sub-section (1), the Federal Government shall, by Notification in the official Gazette, declare the value of silver, on the first day of July each year or on such date as it may deem fit, which shall be the value payable during a financial year.

COMMENTARY

1. Scope. Diyat money has to be fixed keeping in view the financial position of the accused. 1992 PCr.LJ 153. Court can enhance amount of Diyat, but can not reduce the value fixed in accordance with Holy Qur'an and Sunnah. 1999 MLD 2271.

Fixation of amount of Diyat and payment of amount of Diyat in instalments. Applicant had prayed for fixation of amount of Diyat, permission to pay same in instalments and grant of bail, in the meantime. Applicant had contended that he, having undergone his substantive sentence of imprisonment, had requested Jail authorities to determine amount of Diyat, but needful was not done. Applicant had also prayed that after determining amount of Diyat, he be allowed to pay the amount in installments because due to financial constraints he was not in a position to pay in lump sum. 2006 P.Cr.R.L.J. 80.

2.  Value of Diyat money: Value of 30, 630 grams of silver was detained for the purpose of PPC 323(2) as under:

S.R.O. No. 588(1)/2004, dated 1.07.2004, 2004-2005, Rs. 360,209.00.

S.R.O. No. 637(1)/2003, dated 1.07.2003, 2003-2004, Rs. 275,762.00.

S.R.O. No. 476(1)/2002, dated 30.7.2002, 2002-2003, Rs. 280,167.00.

S.R.O. No. 499(1)/2000, dated 2.07.2002, 2001-2002, Rs. 290,372.00.

S.R.O. No. 760(1)/1998, dated 2.07.1998, 1998-1999, Rs. 251,625.40.

S.R.O. No. 614(1)/1996, dated 18.7.1996, 1996-1997, Rs. 212,664.09.

S.R.O. No. 601(1)/1995, dated 3.07.1995, 1995-1996, Rs. 189,906.00.

S.R.O. No. 647(1)/1994, dated 1.07.1994, 1994-1995, Rs. 202,923.75.