ISLAMABAD: The federal government announced amount of diyat at Rs4.26 million for the fiscal year 2021/2022. The amount should be value of 30,630 grams of silver.
The finance ministry issued a circular to declare the amount of diyat.
Diyat is the financial compensation paid to the victim or heirs of a victim. The compensation may be paid in the cases of murder, bodily harm or property damage.
Pakistan Penal Code has defined “diyat” as the compensation specified in Section 323 payable to the heirs of the victim.
Section 323 of the Pakistan Penal Code notified the value of diyat as:
(1) The Court shall, subject to the Injunctions of Islam as laid down in the Holy Qur’an and Sunnah and keeping in view the financial position of the convict and the heirs of the victim, fix the value of diyat which shall not be less than the value of thirty thousand six hundred and thirty grams of silver.
(2) For the purpose of sub-section (1), the Federal Government shall, by notification in the official Gazette, declare the value of Silver, on the first day of July each year or on such date as it may deem fit, which shall be the value payable during a financial year.
Diyat is one of the modes of punishment under Section 53 of the Pakistan Penal Code.
Section 53: The punishments to which offenders are liable under the provisions of this Code are:
Seventhly, Imprisonment for life;
Eighthly, Imprisonment which is of two descriptions, namely:–
(i) Rigorous, i.e., with hard labour;
Ninthly, Forfeiture of property;
Under Pakistan Penal Code where qisas is not enforceable then the offender is liable to pay diyat.
Section 308. Punishment in qatl-i-amd not liable to qisas, etc.:
(1) Where an offender guilty of qatl-i-amd is not liable to qisas under Section 306 or the gisas is not enforceable under clause (c) of Section 307, he shall be liable to diyat:
Provided that, where the offender is minor or insane, diyat shall be payable either from his property or, by such person as may be determined by the Court:
Provided further that where at the time of committing qatl-i-amd the offender being a minor, had attained sufficient maturity of being insane, had a lucid interval, so as to be able to realize the consequences of his act, he may also be punished with imprisonment of either description for a term which may extend to twenty-five years as ta’zir.
Provided further that, where the qisas is not enforceable under clause (c) of Section 307, the offender shall be liable to diyat only if there is any wali other than offender and if there is no wali other than the offender, he shall be punished with imprisonment of either description for a term which may extend to twenty-five years as ta’zir.
(2) Notwithstanding anything contained in sub-section (i), the Court, having regard to the facts and circumstances of the case in addition to the punishment of diyat, may punish the offender with imprisonment of either description for a term which may extend to twenty-five years, as ta’zir.