Amending PPC, CrPC: Govt set to do away with Qisas, Diyat waivers

Offenders routinely take advantage of legal lacunas


Riazul Haq July 04, 2016
Offenders routinely take advantage of legal lacunas. PHOTO: FILE

ISLAMABAD: In a bid to do away with waivers on account of Qisas and Diyat, the government has decided to amend several sections of the Pakistan Penal Code (PPC) and Code of Criminal Procedure (CrPC) to prevent honour killings.

In Sharia law, Diyat is the financial compensation paid to the victim or heirs of a victim in the cases of murder, bodily harm or property damage. It is an alternative punishment to Qisas (equal retaliation).

NA approves changes in criminal laws

The two proposed anti-honour killings laws – Criminal Laws Amendment Bill, 2015, and the Anti-Rape Laws (Criminal Laws Amendment) Bill, 2015 – could not be passed by the National Assembly within the stipulated timeframe of 90 days.

Both bills, initially moved by PPP’s former senator Sughra Imam in the Senate as private member’s bills, are now being pursued by Senator Farhatullah Babar. A consensus has already developed between the government and the opposition over an anti-rape bill while an agreement on the anti-honour killing bill is ‘almost’ in sight.

On June 9, the issue of setting women on fire in various parts of the country came under discussion in the Senate. The chairperson referred the issue to the house’s functional committee on human rights, asking it to suggest a mechanism to stop the prevalence of violence against women in the name of honour.

The government shared sections of PPC with the committee last week, including 336-A which mentions hurt or cause to hurt someone by means of a corrosive substance. While 336-B states that anyone attempting such an act should be punished with imprisonment for life or imprisonment of either description which shall not be less than 14 years and a minimum fine of one million.

Under prevailing laws, a Wali (a guardian) waives his right of Qisas or compound his right of Qisas for extraneous reasons, allowing the offender to take advantage of such lacunas and get away with heinous crimes.

Key changes in Qisas, Diyat law proposed

An official at the law ministry said that the amendments included sections 302, 309, 310, 338-E of PPC and Section 345 CrPC to do away with the waiver of Qisas by a wali and include the offence committed in the name or on the pretext of honour.

He added that existing provisions of sections 336-A and 336-B of PPC and provisions proposed by the Cabinet Committee on Law Reforms would also be amended.

The prime minister’s special assistant on law and justice, Zafrullah Khan, confirmed the amendments and said a consensus on the bills was almost within reach.

Another official of the ministry said that after Eid, the cabinet committee would meet with the JUI-F chief for a decision on the anti-honour crime bill.

Published in The Express Tribune, July 4th, 2016.

COMMENTS (2)

lawyer | 7 years ago | Reply well appreciated and long awaited amendment
Mr.x | 7 years ago | Reply Shariah should not be overlooked, the liberals are succeeding while we muslims(practising) are losing due to our cowardice of being mocked. Its enough this is an Islamic republic of Pakistan
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