Section 149
Pardon of diyat in qatlul-khata’
Wali-ad-dam of the victim in the case of qatlul-khata’ may pardon diyat or any part thereof.
Acquittal or punishment after pardon of diyat 150.
The Court may, in the case of pardon of diyat as provided under section 149, in its discretion, having regard to the facts and circumstances of
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the case, acquit the offender against whom diyat has been pardoned, or punishes him with imprisonment for a term not exceeding 5 years.
Qatl by black magic
Black magic 151.
(1)
For the purposes of sections 152, 153 and 154, “black magic”
means knot, spell, chants, words, or specific expression or special names spoken or written or doing any act with evil purposes which has the implication and the effect, in the ordinary course of nature, to cause harm to the body, heart or mind of the person; usually the person who practices black magic befriends, or asks for or seeks help from, Iblis, satan, jinn, evil spirits, spirits, ghosts and the like.
(2)
In this section, “knot” means an art or method to tie any matter used to practice black magic such as by using rope, thread, cloth etc.
Qatl by black magic 152.
(1)
Any person who commits qatl by black magic which in the ordinary course of nature may cause death and it is proved by ikrar of the accused is guilty of committing the offence of qatlul-’amd and liable on conviction to death punishment as qisas.
Illustration
If the offender states in his ikrar that he has used black magic on B and his black magic, in the ordinary course of nature, causes death, he has committed the offence of qatlul-’amd.
(2)
Any person who commits qatlul-’amd by black magic —
(a)
which is proved by evidence other than that provided under subsection (1);
(b)
where the person is not mukallaf; or
(c)
against his own child, is guilty of an offence and liable on conviction to a fine not exceeding $100,000, imprisonment for a term not exceeding 25 years or both.
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(3)
Any person who commits qatl by black magic which —
(a)
sometimes or rarely causes death;
(b)
intended to cause the death of a particular person but caused the death of another person, whose death he does not intend to cause, and it is proved by ikrar of the accused is guilty of committing qatlu syibhil-’amd and liable on conviction to be punished with payment of diyat to the wali ad-dam of the victims and with imprisonment for a term not exceeding 15 years.
Illustrations
(a)
If the offender states in his ikrar that he has used black magic on someone and his black magic sometimes causes death and sometimes not, or his black magic rarely causes death, he has committed the offence of qatlu syibhil-’amd.
(b)
If the offender states in his ikrar that he uses black magic on a particular person, but affected some other person and that person died, he has committed the offence of qatlul syibhil-’amd.
(4)
Any person who commits qatlu syibhil-’amd by black magic and it is proved by evidence other than that provided under subsection (3) is guilty of an offence and liable on conviction to a fine not exceeding $60,000, imprisonment for a term not exceeding 15 years or both.
Attempt to commit qatl by black magic 153.
Any person who attempts to commit or attempts to cause the commission of the offence of qatlul-’amd or qatlu syibhil-’amd by black magic is guilty of an offence and liable on conviction to a fine not exceeding $40,000, imprisonment for a term not exceeding 10 years or both.
Abetment of qatl by black magic 154.
(1)
Any person who abets the commission of the offence under section 152(1) is guilty of an offence and liable on conviction to a fine not exceeding $100,000, imprisonment for a term not exceeding 25 years or both.
(2)
Any person who abets the commission of the offence under section 152(2) is guilty of an offence and liable on conviction to a fine not exceeding $60,000, imprisonment for a term not exceeding 15 years or both.
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(3)
Any person who abets the commission of the offence under section 152(3) is guilty of an offence and liable on conviction to a fine not exceeding $60,000, imprisonment for a term not exceeding 15 years or both.
(4)
Any person who abets the commission of the offence under section 152(4) is guilty of an offence and liable on conviction to a fine not exceeding $28,000, imprisonment for a term not exceeding 7 years or both.
Qatl by poison
Qatl by using poison or poisonous substance 155.
(1)
Any person who commits qatl —
(a)
by coercing a person into taking poison or poisonous substance which in the ordinary course of nature may kill; or
(b)
by administering food or drinks which he knows to contain poison which in the ordinary course of nature may kill, to a person who has no knowledge that the food or drinks contain poison, and causes the death of the person is guilty of the offence of qatlul-’amd and liable on conviction to punishments as provided under section 126(1) or (2), as the case maybe.
(2)
Any person who commits qatl —
(a)
by coercing a person into taking poison or poisonous substance which in the ordinary course of nature may not kill; or
(b)
by administering food or drinks which he knows to contain poison which in the ordinary course of nature may not kill, to a person who has no knowledge that the food or drinks contain poison, and causes the death of the person is guilty of the offence of qatlu syibhil-’amd and liable on conviction to punishments as provided under section 140(1) or (2), as the case maybe.
(3)
Any person who commits qatl by using poison or poisonous substance intended to cause the death of a particular person but caused the death of another person, whose death he does not intend to cause is guilty of
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the offence of qatlu syibhil-’amd and liable on conviction to punishments as prescribed under section 140(1) or (2), as the case maybe.
Illustration
A intended to kill B by administering poison to the food that he served to B, the food was eaten by C. Consequently C dies from eating the food. A has committed the offence of qatlu syibhil-’amd.
(4)
In this section, “taking” means eating, drinking or any other means to cause death by using poison or poisonous substance.
Attempt of qatl by using poison or poisonous substance 156.
(1)
Any person who attempts to commit or attempts to cause the commission of the offence under section 155(1) is guilty of an offence and liable on conviction to a fine not exceeding $40,000, imprisonment for a term not exceeding 10 years or both.
(2)
Any person who attempts to commit or attempts to cause the commission of the offence under section 155(2) or (3) is guilty of an offence and liable on conviction to a fine not exceeding $40,000, imprisonment for a term not exceeding 10 years or both.
Abetment of qatl by using poison or poisonous substance 157.
(1)
Any person who abets the commission of the offence under section 155(1) is guilty of an offence and liable on conviction to the punishments as provided under section 138(1) or (2), as the case may be.
(2)
Any person who abets the commission of the offence under section 155(2) or (3) is guilty of an offence and liable on conviction to the punishments as provided under section 145(1) or (2), as the case may be.
Qatl by miscarriage of foetus
Qatl by miscarriage of foetus 158.
(1)
Any person who commits qatl on a foetus by intentionally causing its miscarriage is guilty of an offence and liable on conviction for each foetus to be punished with the following —
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(a)
when as a result of the miscarriage, the foetus dies, the person who causes the woman to have a miscarriage shall be punished with one twentieth of a diyat as provided in this Code;
(b)
when as a result of the miscarriage, the foetus lives and later dies, the person who causes the woman to have a miscarriage shall be punished with diyat as provided in this Code;
(c)
when the pregnant woman herself causes the miscarriage and the foetus is in a condition as mentioned in paragraph (a) or (b), she shall be punished as provided in paragraph (a) or (b), as the case may be, and the Court shall impose a sentence of imprisonment for a term not exceeding 15 years.
(2)
The heirs of the foetus shall be entitled to diyat under subsection (1), unless the offender is the heir of the foetus.
(3)
For the purposes of this section and sections 159, 161 and 164,
“foetus” means a child in the womb of its mother, part of whose organ have been formed and is alive.
Attempting qatl by miscarriage of foetus 159.
Any person who attempts to commit or attempts to cause the commission of the offence of qatl by miscarriage of foetus is guilty of an offence and liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 5 years or both.
Abetment of qatl by miscarriage of foetus 160.
(1)
Any person who abets the commission of the offence under section 158(1)(a) is guilty of an offence and liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 5 years or both.
(2)
Any person who abets the commission of the offence under section 158(1)(b) is guilty of an offence and liable on conviction to a fine not exceeding $40,000, imprisonment for a term not exceeding 10 years or both.
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Miscarriage of pregnancy 161.
(1)
Any person who voluntarily causes the miscarriage of the pregnancy of a women is guilty of an offence and liable on conviction to a fine not exceeding $12,000, imprisonment for a term not exceeding 3 years or both.
(2)
For the purposes of this section and sections 162, 163 and 164,
“pregnancy” means something in the womb of a pregnant woman that has not developed into a foetus.
Explanation — A woman who cause herself to miscarry is within the meaning of this section.
Attempt to cause miscarriage of pregnancy 162.
Any person who attempts to commit or attempts to cause the commission of the offence of miscarriage of pregnancy is guilty of an offence and liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.
Abetment to cause miscarriage of pregnancy 163.
Any person who abets the offence of causing miscarriage of pregnancy is guilty of an offence and liable on conviction to a fine not exceeding $8,000, imprisonment for a term not exceeding 2 years or both.
Exception for sections 158 and 161 164.
Sections 158 and 161 does not extend to a medical practitioner registered under any written law who causes miscarriage of foetus or pregnancy of a woman if such medical practitioner is of the opinion, in good faith, that the continuance of the pregnancy would involve risk to the life of the woman, greater than if the pregnancy were terminated.
Suicide
Attempt to commit suicide 165.
Any person who attempts to commit or attempts to cause the commission of suicide is guilty of an offence and liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.
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Abetment to commit suicide 166.
(1)
If any person commits suicide, any person who abets such commission of suicide is guilty of an offence and liable on conviction to a fine not exceeding $40,000 and imprisonment for a term not exceeding 10 years.
(2)
If any person commits suicide, any person who abets such commission of suicide, and the person abetted is not mukallaf, is guilty of an offence and liable on conviction to a fine not exceeding $100,000 and imprisonment for a term not exceeding 25 years.
Hurt
Causing hurt 167.
Any person who causes hurt to a person as provided under section 168, without causing his death, is said to have caused hurt.
Kinds of hurt 168.
For the purposes of prescribing the punishments, hurt shall be classified as follows —
(a)
itlaf-al-udhw that is the dismemberment or hurt of any part of the body;
(b)
itlaf-salahiyyat-al-udhw that is the destruction or permanent impairment of the function or use of any part of the body, or permanently disfiguring such part;
(c)
syajjah that is hurt on the head or face which does not amount to itlaf-al-udhw or itlaf-salahiyyat-al-udhw;
(d)
jurh that is wound on any part of the body other than the head and face which leaves a mark or scar whether temporary or permanent; or
(e)
other hurts.
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Punishment of causing hurt 169.
(1)
Any person who causes hurt to a person and it is proved in such manner as provided under section 170 is guilty of an offence and liable on conviction to qisas punishment.
(2)
Any person who —
(a)
causes hurt and it is proved by evidence other than that provided under section 170;
(b)
is not mukallaf who causes hurt;
(c)
is a mother or father who causes hurt to his own child; or
(d)
causes hurt where the part of the body for which qisas is to be imposed is not functional or otherwise incapacitated, is guilty of an offence and liable on conviction to —
(i)
payment of arsy muqaddar, and imprisonment for a term, as prescribed in Schedule 2 for committing itlaf-al-udhw or itlaf-salahiyyat-al-udhw;
(ii)
payment of arsy, and imprisonment for a term, as prescribed in Schedule 3 for committing syajjah;
(iii)
payment of arsy muqaddar, and imprisonment for a term, as prescribed in Schedule 4 for committing jurh jaefah;
(iv)
payment of arsy ghairu muqaddar, and imprisonment for a term, as specified by the Court as prescribed in