Pakistan Penal Code 1860 | Ghayer-jaifah, it's Kinds and Punishment | Hurt and Kinds of Hurt

Pakistan Penal Code 1860 | Ghayer-jaifah, it's Kinds and Punishment | Hurt and Kinds of Hurt

 

Jurrah Ghayer Jaifah, its kinds and punishments

Kinds of Hurt under Pakistan Penal Code and Indian Penal Code

1. Introduction

Causing of hurt to another person is an offence under Pakistan Penal Code, Pakistan Penal Code has described different kinds of hurt. Among these kinds, jurh is a kind of hurt and Jaifah and Ghayr jaifah are two different kinds of jurh.

2. What is offence when an injury extends to body cavity of Trunk? or Jaifah

When a person causes jurh in which injury extends to body cavity of the trunk, causing of such injury is called jaifah. And it is an offence under Section No. 337-C Pakistan Penal Code.

3. Punishment when an injury extends to body cavity of Trunk? or Punishment for Jaifah

Following two punishments have been provided against commission of Jaifah:

(i) Arsh

According to Pakistan Penal Code, a person, who commits Jaifah, is liable to arsh, which should be one-third of diyat.

(ii) Tazir

According to Pakistan Penal Code, a person, who commits Jaifah, can also be punished with imprisonment, which can extend to ten years as tazir.

4. Definition of Ghayr-jaifah

According to Pakistan Penal Code, causing of jurh, which does not amount to jaifah, is called Ghayr-jaifah.

5. Kinds of Ghayr-jaifah

In Pakistan Penal Code, following six different kinds of Ghayr-jaifah have been described;

(i) Ghayr-jaifah Damiyah

Ghayr-jaifah damiyah is that type of hurt, which ruptures skin and causes bleeding.

(ii) Ghayr-jaifah Badi'ab

Ghayr-jaifah badi'ah is that type of hurt, which cuts or incises flash but does not expose bone.

(iii) Ghayr-jaifah Mutalahimah

Ghayr-jaifah mutalahimah is that type of hurt, which lacerates flash.

(iv) Ghayr-jaifah Mudihah

Ghayr-jaifah mudihah is that type of hurt, which causes exposing of bone.

(v) Ghayr-jaifah Hashimah

Ghayr-jaifah hashimah is that type of hurt, which fractures bone but does not dislocate it.

(vi) Ghayr-jaifah Munaqqillah

Ghayr-jaifah munaqqillah is that type of hurt, which not only fractures bone, but also dislocates it.

6. Explanation of Ghayr-jaifah

Following points are important for further explanation of Ghayr-jaifah and its kinds

(i) Kinds of Jurh

Ghayr-jaifah is a kind of Jurh.

(ii) Intentional Injury to Person

Ghayr-jaifah is considered an intentional injury to person.

(iii) Punishments

Following two punishment have been provided against Ghayr-jaifah.

(a) Daman

Daman as punishment has been provided against all kinds of Ghayr-jaifah.

(b) Tazir

Following different terms of imprisonment as tazir have been provided

(b-i) Imprisonment against Ghayr-jaifah damiyah & badi'ah

A person, who commits Ghayr-jaifah damiyah or badi'ah can be punished with imprisonment, which can extend to one years.

(b-ii) Punishment against Ghayr-jaifah Mutalahimah

A person, who commits Ghayr-jaifah mutalahimah, can be punished with imprisonment, which can extend to three years.

(b-iii) Punishment against Ghayr-jaifah Mudihah & Hashimah

A person, who commits Ghayr-jaifah mudiahah or hashimah, can be punished with imprisonment, which can extend to five years.
Ghayr-jaifah.

(b-iv) Punishment against Ghayr-jaifah Munaqqiallah

A person, who commits Ghayr-jaifah munaqqillah, can be punished with imprisonment, which can extend to seven years.

Conclusion

To conclude, it can be stated that different nature and tenures of punishments have been provided against Jaifah and  Ghayr-jaifah. As far as nature of punishment is concerned, arsh has been provided against jaifah while daman has been provided against Ghayr-jaifah. At the same time, different tenures of imprisonment as tazir have been provided against Jaifah and Ghayr-jaifah.


Please Comment and Share the post

Post a Comment

Previous Post Next Post

Contact Form