05 Sep
Government of Pakistan Sets Diyat (Compensation) Amount at Rs 6.76 Million for FY 2023-24
In a significant development, the Government of Pakistan has officially determined the diyat (compensation) amount for the fiscal year 2023-24. This update is crucial as it impacts victims or their heirs in cases of murder, bodily harm, or property damage, in accordance with Pakistan’s Penal Code. Setting it at Rs 6.76 million, this compensation is equivalent to the value of 30,630 grams of silver. The announcement regarding this key diyat amount was made through a circular issued on September 4, 2023.
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Diyat Defined in Pakistan Penal Code Definition and Mandate Under Section 323 of the Pakistan Penal Code, diyat is the compensation payable to the heirs of the victim. This provision is essential in ensuring that victims or their heirs receive due restitution. Moreover, the Court stipulates that the value of diyat should not be less than the value of 30,630 grams of silver. Consequently, the Federal Government’s annual declaration of the value of silver becomes the payable amount during the fiscal year.
Modes of Punishment Under Section 53 Exploring Punishment Options The Pakistan Penal Code outlines various modes of punishment under Section 53, ranging from retribution to financial penalties. These modes include Qisas (retaliation), Diyat, Arsh, Daman, Ta’zir (discretionary punishment), Death, Imprisonment for life, rigorous and simple imprisonment, forfeiture of property, and fines.
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Diyat vs. Qisas Understanding the Distinction In cases where Qisas (retaliation) is not enforceable, offenders are required to pay diyat. Section 308 of the Pakistan Penal Code specifically addresses punishment in qatl-i-amd (intentional murder) cases not subject to qisas. Offenders guilty of qatl-i-amd may be liable to pay diyat, and the Court may determine whether it should be paid from the offender’s property or by another person determined by the Court.
Special Cases and Imprisonment as Ta’zir Dealing with Unique Situations In cases involving minors or individuals with mental health challenges, diyat may be payable either from the offender’s property or by a person determined by the Court. Additionally, if a minor offender at the time of committing qatl-i-amd is found to have attained sufficient maturity or mental stability, they may also be subject to imprisonment as ta’zir for up to twenty-five years, adding another layer of complexity to the legal landscape.
Conclusion The Crucial Role of Diyat The determination of diyat plays a significant role in legal proceedings involving compensation for criminal acts within Pakistan’s legal system. As a result, it ensures that victims or their heirs receive restitution in cases where retaliation (Qisas) is not applicable or enforceable, as defined by the Pakistan Penal Code.
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References
- Pakistan Penal Code Section 323
- Pakistan Penal Code Section 53
- Pakistan Penal Code Section 308
- Ministry of Finance Pakistan Circular (September 4, 2023)
The original circular provided below for reference
a circular issued on September 4, 2023 by The Ministry of Finance Pakistan
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