Pakistan Penal Code 1860 | Ikrah-e-Tam and Ikrah-e-Naqis and its Punishment | PPC Notes for LLB

 

1. Introduction of Ikrah-e-Tam & Ikrah-e-Naqis

Pakistan Penal Code has described various offense, which affect human body. With these offences, some circumstances, in which such offences can be committed, have also been explained. Among these circumstances, Ikrah-e-tam and ikrah-e-naqis are most prominent, because the most heinous offence, which is murder, can be committed under these two circumstances.

2. Definition of Ikrah-e-Tam

Ikrah-e-tam can be defined in following manner:

(i) Fear of instant death
(ii) Fear of instant or permanent impairing of any organ of body
(iii) Instant fear of being subjected to sodomy or zina-bil-jabr

(i) Fear of Instant death
Ikrah-e-tam means putting any person, his spouse or any of his blood relations within prohibited degree of marriage in fear of instant death.

(ii) Fear of instant or permanent impairing of any organ of body
Ikrah-e-tam means putting any person, his spouse or any of his blood relations within the prohibited degree of marriage in fear of instant permanent impairing of any organ of the body.

(iii) Instant fear of being subjected to sodomy or zina-bil-jabr
Ikrah-e-tam means putting any person, his spouse or any of his blood relations within the prohibited degree of marriage in instant fear of being subjected to sodomy or zina-bil-jabar.

3. Punishment for Ikrah-e-Tam

Following persons can be punished as far as commission of qatl under Ikrah-e-tam is concerned;

(i) Commission of Qatl Under Ikrah-e-Tam
A person, who commits qatl under ikrah-e-tam, is punished for imprisonment, which can extend to twenty five years and should not be less than ten years.

(ii) Causing of Ikrah-e-Tam
A person, who causes ikrah-i-tam for commission of a qatl, is awarded that punishment, which is awarded for the kind of Qatl, which is committed as a consequence of ikrah-i-tam.

4. Definition of Ikrah-e-Naqis

Ikrah-e-naqis means any form of duress, which does not amount to ikrah-e-tam.

5. Punishment for Ikrah-e-Naqis

Following persons can be punished as far as commission of qatal under Ikrah-e-naqis is concerned.

(i) Commission of qatl under Ikrah-e-Naqis
A person, who commit qatl under Ikrah-e-naqis, is punished according to nature of committed qatl.

(ii) Causing of Ikrah-e-Naqis
A person, who causes Ikrah-e-naqis for commission of qatl, is punished with imprisonment for a term, which can extend to ten years.

6. Difference between Ikrah-e-Tam and Ikrah-e-Naqis

Following are main differences between ikrah-e-tam and Ikrah-e-naqis

(i) Scope
Ikrah-e-tam is limited in scope while Ikrah-e-naqis is wide in scope.

(ii) Punishment

According to Pakistan Penal code, different punishment have been provided for commission of qatl under ikrah-e-tam and Ikrah-e-naqis and also for causing of Ikrah-e-tam and Ikrah-e-naqis.

(iii) Element of Fear & Duress

As far as ikrah-e-tam is concerned, element of fear plays an important role. Contrary to this, element of duress plays an important role in cases of Ikrah-e-naqis.

Conclusion

To conclude, it can be stated that both ikrah -e-tam and ikrah-e-naqis are legally different terms. However, both are those circumstances, which cause commission of offence; in cases of ikrah-e-tam, it is fear, which causes commission of offence, and it is duress, which causes commission of offence in cases of ikrah -e-naqis.