Hurt and Injuries Under Sec.337 of Pakistan Penal Code Sec.337. Shajjah :

Hurt and Injuries Under Sec.337 of Pakistan Penal Code

Sec.337. Shajjah :

(1) Whoever causes, on the head or face of any person, any hurt which does not amount to itlaf-i-udw or itlaf-i-salahiyyat-i-udw, is said to cause shajjah.

(2) The following are the kinds of shaljah namely:-

(a) Shajjah-i-Khafifah

(b) Shalfah-i-mudihah

(d) Shajjah-i-munaqqilah

(e) Shaijah-i-ammah and

(f) Shajjah-i-damighah

(3) Whoever causes shajjah

(i) without exposing bone of the victim, is said to cause shajjah-i-khafifah;

(ii) by exposing any bone of the victim without causing fracture, is said to cause shajjah-i-mudihah;

(iii) by fracturing the bone of the victim, without dislocating it, is said to cause shajjah-i-hashimah;

(iv) by causing fracture of the bone of the victim and thereby the bone is dislocated, is said to cause shajfah-i-munaqqilah;

(v) by causing fracture of the skull of the victim so that the wound touches the membrane of the brain, is said to cause shajjah-i-ammah;

(vi) by causing fracture of the skull of the victim and the wound ruptures the membrane of the brain is said to cause shaijah-i-damighah.

Sec.337-A. Punishment of shajjah :

Whoever, by doing any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, causes--

(i) Shajjah-I-khafifah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to two years as ta'zir,

(ii) shajjah-i-mudihah to any person, shall, in consultation with the authorised medical officer, be punished with qisas, and if the, qisas is not executable keeping in view the principles of equality, in accordance with the Injunctions of Islam, the convict shall be liable to arsh which shall be five percent of the diyat and may also be punished with imprisonment of either description for a term which may extend to five years as ta'zir,

(iii) shajjah-i-hashimah to any person, shall be liable to arsh which shall be ten per cent of the diyat and may also be punished with imprisonment of either description for a term which may extend to ten years as ta'zir,

(iv) shajiah-i-munaqqilah to any person, shall be liable to arsh which shall be fifteen per cent of the diyat and may also be punished with imprisonment of either description for a term which may extend to ten years as ta 'zir,

(v) shajjah-i-ammah to any person, shall be liable to arsh which shall be one-third of the diyat and may also be punished with imprisonment of either description for a term which may extend to ten years as ta'zir, and

(vi) shajjah-i-damighah to any person shall be liable to arsh which shall be one-half of diyat and may also be punished with imprisonment of either description for a term which may extend to fourteen years as ta'zir.

Sec.337-B. Jurh:

(1) Whoever causes on any part of the body of a person, other than the head or face, a hurt which leaves a mark of the wound, whether temporary or permanent,is said to cause jurh.

(2) Jurh is of two kinds, namely:-

(a) Jaifah ; and

(b) Ghayr-jaifah

Sec.337-C. Jaifah :

Whoever causes jurh in which the injury extends to the body cavity of the trunk, is said to cause jaifah.

Sec.337-D. Punishment for jaifah :

Whoever by doing any act with the intention of causing hurt to a person or with the knowledge that he is likely to cause hurt to such person, causes jaifah to such person, shall be liable to arsh which shall be one-third of the diyat and may also be punished with imprisonment of either description for a term which may extend to ten years as ta'zir.

Sec.337-E. Ghayr-jaifah :

(1) Whoever causes jurh which does not amount to jaifah, is said to cause ghayr-jaifah.

(2) The following are the kinds of ghayr-faifah, namety:-

(a) damihah

(b) badi'ah

(d) mudihah

(e) hashimah ; and

(f) munaqqilah

(3) Whoever causes ghayr-jaifah—

(i) in which the.skin is ruptured and bleeding occurs, is said to cause damiyah;

(ii) by cutting or incising the flesh without exposing the bone, is said to cause badi'ah;

(iii) by lacerating the flesh, is said to cause mutalahimah',

(iv) by exposing the bone, is said to cause mudihah;

(v) by causing fracture of a bone without dislocating it, is said to cause hashimah; and

(vi) by fracturing and dislocating the bone, is said to cause munaqqilah.

Sec.337-F. Punishment of ghayr-jaifah :

Whoever by doing any act with the intention of causing hurt to any person, or with the knowledge that he is likely to cause hurt to any person, causes"

(i) damihah to any person, shall be liable to daman and may also be punished with

imprisonment of either description for a term which may extend to one year as ta'zir,

(ii) badi'ah to any person, shall be liable to daman and may also be punished with

imprisonment of either description for a term which may extend to three years as ta'zir,

(iii) mutafahimah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to three years as ta'zir;

(iv) mudihah to any person, shall be liable to daman and may also be punished with

imprisonment of either description for a term which may extend to five years as ta'zir,

(v) hashimah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to five years as ta'zir, and

(vi) munaqqilah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to seven years as ta'zir.

Sec.337-G. Punishment for hurt by rash or negligent driving:

Whoever causes hurt by rash or negligent driving shall be liable to arsh or daman specified for the kind of hurt caused and may also be punished with imprisonment of either description for a term which may extend to five years as ta'zir.

Sec.337-H. Punishment for hurt by rash or negligent act:

(1) Whoever causes hurt by rash or negligent act, other than rash or negligent driving, shall be liable to arsh or daman specified for the kind of hurt caused and may also be punished with imprisonment of either description for a term which may extend to three years as ta'zir.

(2) Whoever does any act so rashly or negligently as to endanger human life or the

personal safety of other, shall be punished with imprisonment of either-description for a term which may extend to three months, or with fine, or with both.

Sec.337-I. Punishment for causing hurt by mistake (khata):

Whoever causes hurt by mistake (khata) shall be liable to arsh or daman specified for the kind of hurt caused.

Sec.337-J. Causing hurt by mean of a poison:

Whoever administers to. or causes to be taken by, any person, any poison or any stupefying, intoxicating or unwholesome drug, or such other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence, or knowing it to be likely that he will thereby cause hurt may, in addition to the punishment of arsh or daman provided for the kind of hurt caused, be punished, having regard to the nature of the hurt caused, with imprisonment of either description for a term which may extend to ten years.

Sec.337-K. Causing hurt to extort confession, or to compel restoration of property:

Whoever causes hurt for the purpose of extorting from the sufferer or any person

interested in the sufferer any .confession or any information which may lead to the

detection of any offence or misconduct, or for the purpose of constraining the sufferer, or any person interested in the Sufferer, to restore, or to cause the restoration of, any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property, or valuable security shall, in addition to the punishment of qisas, arsh or daman, as the case may be, provided for the kind of hurt caused, be punished, having regard to the nature of the hurt caused, with imprisonment of either description for a term which may extend to ten years as ta'zir.

Sec.337-L. Punishment for other hurt:

(1) Whoever causes hurt, not mentioned hereinbefore, which endangers life or which causes the sufferer to remain in severe bodily pain for twenty days or more or renders him unable to follow his ordinary pursuits for twenty days or more, shall be liable to daman and also be punished with imprisonment of either description for a term which may extend to seven years.

(2) Whoever causes hurt not covered by sub-section (1) shall be punished with

imprisonment of either description for a term which may extend to two years, or with daman, or with both.

Sec.337-M. Hurt not liable to qisas:

Hurt shall not be liable to qisas in the following cases, namely:-

(a) when the offender is a minor or insane:

Provided that he shall be liable to arsh and also to ta'zir to be determined by the Court having regard to the age of offender, circumstances of the case and the nature of hurt caused;

(b) when an offender at the instance of the victim causes hurt to him:

Provided that the offender may be liable to ta'zir provided for the kind of hurt caused by him;

(c) when the offender has caused itlaf-i-udw of a physically imperfect organ of the victim and the convict does not suffer from similar physical imperfection of such organ:

Provided that the offender shall be liable to arsh and may also be liable to ta'zir provided for the kind of hurt caused by him; and

(d) when the organ of the offender liable to qisas is missing:

Provided that the offender shall be liable to arsh and may also be liable to ta'zir provided for the kind of hurt caused by him.

Illustrations

(i) A amputates the right ear of Z, the half of which was already missing. If A's right ear is perfect, he shall be liable to arsh and not qisas.

(ii) If in (he above illustration, Z's ear is physically perfect but without power of hearing, A shall be liable to qlsas because the defect in Z's ear is not physical.

(iii) lf in illustration (i) Z's ear is pierced, A shall be liable to qisas because such minor defect is not physical imperfection.

Sec.337-N. Cases in which qisas for hurt shall not be enforced:

(1) The qisas for a hurt shall not be enforced in the following cases, namely :-

(a) when the offender dies before execution of qisas;

(b) when the organ of the offender liable to qisas is lost before the exec ution of qisas:

Provided that offender shall be liable to arsh, and may also be liable to ta'zir provided for the kind of hurt caused by him;

(d) when the right of qisas devolves on the person who cannot claim qisas against the offender under this Chapter:

Provided that the offender shall be liable to arsh, if there is any wali other than the

offender, and if there is no wali other than the offender he shall be liable to ta'zir provided for the kind of hurt caused by him.

(2) Notwithstanding anything contained in this Chapter, in all cases of hurt, the Court may, having regard to the kind of hurt caused by him, in addition to payment of arsh, award ta'zir to an offender who is a previous convict, habitual or hardened, desperate or dangerous criminal.

Sec.337- O. Wali In case of hurt: In the case of hurt:

The wali shall be-

(a) the victim:

Provided that, if the victim is a minor or insane, his right of qisas shall be exercised by his father or paternal grand father, howhighsoever;

(b) the heirs of the victim, if the later dies before the execution of qisas: and

Sec.337-P. Execution of qisas for hurt:

(1) Qisas shall be executed in public by an authorised medical officer who shall before such execution examine the offender and take due care so as to ensure that the execution of qisas does not cause the death of the offender or exceed the hurt caused by him to the victim.

(2) The wali shall be present at the time of execution and if the wali or his representative is not present, after having been informed of the date, time and place by the Court an officer authorised by the Court in this behalf shall give permission for the execution of qisas.

(3) If the convict is a woman who is pregnant, the Court may, in consultation with an authorised medical officer, postpone the execution of qisas upto a period of two years after the birth of the child and during this period she may be released on bail on furnishing of security to the satisfaction of the Court or, if she is not so released, shall be dealt with as if sentenced to simple' imprisonment.

Sec.337-Q. Arsh for single organs:

The arsh for causing itlaf of an organ which Is found singly in a human body shall be equivalent to the value of diyat.

Explanation: Nose and tongue are included in the organs which are found singly in a human body.

Sec.337-R. Arsh for organs in pairs :

The arsh .for causing itlaf of organs found in a human body in pairs shall be equivalent to the value of diyat and if itlaf is caused to one of such organs the amount of arsh shall be one-half of the diyat:

Provided that, where the victim has only one such organ or his other organ is missing or has already 'become incapacitated the arsh for causing itlaf of the existing or capable organ shall be equal to the value of diyat.

Explanation: Hands, feet, eyes, lips and breasts are included in the organs which are found in a human body in pairs.

Sec.337-S. Arsh for the organs in quadruplicate:

(1)The arsh for causing itlaf of organs found in a human body in a set of four shall be equal to:

(a) one-fourth of the diyat, if the itlaf is one of such organs; ...

(b) one-half of the diyat, if the itlaf is of two of such organs; .

(d) full diyat, if the itlaf is of all the four organs.

Explanation: Eyelids are organs which are found in a human body in a set of four.

Sec.337-T. Arsh for fingers:

(1) The arsh for causing itlaf of a finger of a hand or foot shall be one-tenth of the diyat.

(2) The arsh for causing itlaf of a joint of a finger shall be one-thirteenth of the diyat:

Provided that where the itlaf is of a joint of a thumb, the arsh shall be one-twentieth of the diyat.

Sec.337-U. Arsh for teeth :

(1) The arsh for causing itlaf of a tooth, other than a milk tooth, shall be one-twentieth of the diyat.

Explanation: The impairment of the portion of a tooth outside the gum amounts to causing itlaf of a tooth.

(2) The arsh for causing itlaf of twenty or more teeth shall be equal to the value of diyat.

(3) Where the itlaf is of a milk tooth, the accused shall be liable to daman and may, also be punished with imprisonment of either description for a term which may extend to one year:

Provided that, where itlaf of a milk tooth impedes the growth of. a new tooth, the accused shall be liable to arsh specified in sub-section (1).

Sec.337-V. Arsh for hair:

(1) Whoever uproots;

(a) all the hair of the head, beard, moustaches eyebrow, eyelashes or any other part of the body shall be liable to arsh equal to diyat and may also be punished with imprisonment of either description for a term which may extend to three years as ta'zir,

(b) one. eyebrow shall be liable to arsh equal to one- half of the diyat; and

(2) Where the hair of any part of the body of the victim are forcibly removed by any process not covered under sub section (1), the accused shall be liable to daman and imprisonment of either description which may extend to one year.

Sec.337-W. Merger of arsh :

(1) Where an accused more than one hurt, he shall be liable to arsh specified for each hurt separately:

Provided that, where;

(a) hurt is caused to an organ, the accused shall be liable to arsh for causing hurt to such organ and not for arsh for causing hurt to any part of such organ and

(b) the wounds join together and form a single wound, the accused shall be liable to arsh for one wound.

Illustrations

(i) A amputates Z's fingers of the right hand and then at the same time amputates that

hand from the joint of his writs. There is separate arsh for hand and for fingers. A shall, however, be liable to arsh specified for hand only.

(ii) A twice stabs Z on his thigh. Both the wounds are so close to each other that they form into one wound. A shall be liable to arsh for one wound only.

(2) Where, after causing hurt to a person, the offender causes death of such person by committing qatl liable to diyat, arsh shall merge into such diyat.

Provided that the death is caused before the healing of the wound caused by such hurt.

Sec.337-X. Payment of arsh :

(1) The arsh may be made payable in a lump sum or in instalments spread over a period of three years from the date of the final judgment.

(2) Where a convict fails to pay arsh or any part thereof within the period specified in sub-section (1), the convict may be kept in jail and dealt with in the same manner as if sentenced to simple imprisonment until ars h is paid in full may be released on bail if he furnishes security equal to amount of arsh to the satisfaction of the Court.

(3) Where a convict dies before the payment of arsh any part thereof, it shall be recovered from his estate.

Sec.337-Y. Value of daman :

(1) The value of daman may be determined by the Court keeping in view:-

(a) the expenses incurred on the treatment of victim;

(b) loss or disability caused in the functioning or power of any organ; and

(2) In case of non-payment of daman, it shall be recovered from the convict and until daman is paid in full to the extent of his liability, the convict may be kept in jail and dealt with in the same manner as if sentenced to simple imprisonment or may be released on bail if he furnishes security equal to the amount of daman to the satisfaction of the Court.

Sec.337-Z. Disbursement of arsh or daman:

The arsh or daman shall be payable to the victim or, if the victim dies, to his heirs according to their respective shares in inheritance.