Islamabad, September 5, 2023 – Pakistan has officially determined the amount of diyat (compensation) for the fiscal year 2023-24, setting it at Rs 6.76 million.
This amount equates to the value of thirty thousand six hundred and thirty (30,630) grams of silver.
The announcement regarding the diyat amount was made by the finance ministry through a circular issued on September 4, 2023. Diyat is a financial compensation paid to the victim or the heirs of a victim, typically in cases involving murder, bodily harm, or property damage.
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The Pakistan Penal Code defines “diyat” as the compensation specified in Section 323, which is payable to the heirs of the victim. Section 323 of the Pakistan Penal Code outlines the value of diyat as follows:
(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.
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Diyat is one of the modes of punishment under Section 53 of the Pakistan Penal Code. Section 53 outlines various punishments to which offenders are liable, including Qisas (retaliation), Diyat, Arsh, Daman, Ta’zir (discretionary punishment), Death, Imprisonment for life, rigorous and simple imprisonment, forfeiture of property, and fines.
In cases where Qisas (retaliation) is not enforceable, offenders are liable to pay diyat. Section 308 of the Pakistan Penal Code specifically addresses punishment in qatl-i-amd (intentional murder) cases not subject to qisas:
(1) Where an offender guilty of qatl-i-amd (intentional murder) is not liable to qisas under Section 306 or qisas is not enforceable under clause (c) of Section 307, he shall be liable to diyat. In cases involving minors or the mentally insane, diyat shall be payable either from the offender’s property or by a person determined by the Court. Additionally, in cases where the offender, who was a minor at the time of committing qatl-i-amd, had attained sufficient maturity or was found to be sane, they may also be subject to imprisonment as ta’zir for a term up to twenty-five years.
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(2) Notwithstanding sub-section (1), the Court, considering the facts and circumstances of the case, may impose imprisonment as ta’zir for a term up to twenty-five years, in addition to the punishment of diyat.
The determination of diyat plays a significant role in legal proceedings involving compensation for criminal acts in Pakistan’s legal system.
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Disclaimer: The explanation provided in this news article is intended solely for the purpose of understanding and general information. For a comprehensive and accurate understanding of the law, individuals should refer to the relevant legal statutes and consult with legal experts or authorities as needed. This article does not substitute legal advice or replace official legal documents, and it is essential to rely on authoritative legal sources for precise information and interpretation of the law.
