The Handout Notes for BA-LLB student.

Sunday, February 10, 2013

Punishment under PPC and Punishment in Islam.

PUNISHMENT UNDER PAKISTAN PENAL CODE
The scheme of the punishment is laid down from sections 53 to 75 of the pakistan penal code out of which five sections namely sections 56, 58, 59, 61, and 62 have already been repealed. Different types of punishments rules for their assessment and enhancement in subsequent offence, from the subject matter of this topic.
PUNISHMENT IN ISLAM
The punishment in islam in its nature, is deterrent as well as reformative. Recent researches reveal that imprisonment is and has, infact proved itself to be a source of producing criminals, besides bringing a burden on public ex-chequer.
 Fine, as prescribed in various modern legislative enactments, has miserably failed to achieve the desired results . It neither bring any reformatory to the criminalnor put any deterrent effecton him. Specially in these days when the money value has gone down tremendously, the country's old scales of fines failed to produce any effects on the minds of the criminal. It is suggested that provisions relating to imposition of fine and prescribing imprisonment in various enactments may be reconsideredin the light of their effects on reforming the criminal vis-a-vis the islamic principles of punishment.
Islamic law has also additional forms of punishments. A person who is convicted of false accusation of fornication for example, is deprived of the right of testimony, a pnalty which corresponds to some extent to the loss of civil status which accompanies some convictions, today.
Punishments in islam are of three kinds
01. HADD
02. QISAS
03. TAAZIR
According to section 53 as amended by the criminal laws amendment act II of 1997, the offenders areliable to the following punishments:
 1. Qisas
 2. Diyat
 3. Arsh
 4. Daman
 5. Taazir
 6. Death
 7. Imprisonment for life
 8. imprisonment of two description (1) rigorous (2) simple
 9. Forfeiture of property
 10. Fine



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