Chapter 3: Punishments Flashcards
Sec. 54
Commutation of Sentence of Death: Central or Provincial Govt can commute the Sentence of Death for any other punishment. *in Qatal cases, consent of heirs is compulsion
Sec. 53
Punishments: Qisas; Diyat; Arsh; Daman; Tazir; Death; Imprisonment for Life; Imprisonment; Forfeiture; Fine
Sec. 55
Commutation of Sentence of Imprisonment for Life: Central or Provincial Govt can commute the Sentence of Imprisonment for Life for Imprisonment not exceeding 14 yrs. *in Human Body (Chapter 16) cases, consent of victim/heirs is compulsion
Sec. 55-A
Saving for President’s Prerogative: President can grant pardons, reprieves, respites, or remissions of punishments. *not for any sentence awarded under Chapter 16.
Sec. 56
Repealed. By Extinction of Discriminatory Privileges Act, 1949
Sec. 57
Fractions of Terms of Punishment: Imprisonment for Life = 25 Years (5 years extended in Law Reforms Ordinance, 1972) * Max term of Imprisonment in case of default of payment cannot exceed 1/4th of max term. * Fine cant imposed as punishment u/s. 302 after its amendment by Criminal Law Amendment Ordinance, 1990 [NLR 2004 Cr.L.J. 39]
Sec. 58
Omitted by Law Reforms Ordinance, 1972
Sec. 59
Omitted by Law Reforms Ordinance, 1972
Sec. 60
Sentence may be wholly or partly rigorous or simple. *In cases in which offender is punishable with imprisonment of either description
Sec. 61
Repealed By Indian Penal Code Amendment Act, 1921 *Sentence of Forfeiture of Property
Sec. 62
Repealed By Indian Penal Code Amendment Act, 1921 *Forfeiture of Property, in respect of offenders punishable with transportation or Imprisonment.
Provisions of Sec. 63 to Sec. 72
Apply to offenses under; Prohibition Order, 1979 Offense of Zina Ordinance, 1979 Offense of Qazf Ordinance, 1979
Sec. 64
Sentence of Imprisonment for Non-Payment of Fine: It shall be competent to the court to direct by sentence that in default of payment of Fine, the offender shall suffer imprisonment for a certain term. * Sentence in Lieu of Non-Payment of fine cannot run concurrently. [PLD 2008 Lah. 497]
Sec. 65
Limit to Imprisonment for Non-Payment of Fine, when Imprisonment and Fine Awardable: Shall not exceed 1/4th of max term fixed for such offense.
Sec. 66
Description for Imprisonment for Non-Payment of Fine: Of any description to which offender might have been sentenced for the death.
Sec. 67
Imprisonment for Non-Payment of Fine, when Offense punishable with Fine only: Simple Imprisonment Fine100 Imprison
Sec. 68
Imprisonment imposed in default of Payment of Fine shall terminate whenever the fine is paid or levied by process of Law.
Sec. 69
Termination of Imprisonment on payment of proportional part of fine: If suffered term => unpaid fine
Sec. 70
Fine Leviable within 6 years, or during longer imprisonment; death of offender not to discharge property from liability. * Sec. 386 of CrPC (procedure of recovery of fines) doesn’t affect this section, coz general rule cannot affect adjective law. [1989 SCMR 824] * Sentence in more than 1 cases is to run concurrently. [1989 SCMR 1405]
Sec. 71
Limit of Punishment of offense made up of several offenses: Where anything which is an offense is made up of parts, any of which parts is itself an offense, Punishment shall not be more than 1 of such his offense, unless expressly provided. Where anything is an offense falling under 2 or more separate definitions of any law, Where several acts, of which 1 or more than 1 would by itself or themselves constitute an offense, constitute, when combined, a different offense; Punishment shall not be more severe than the court which tries him could award for any1 of such offense.
Sec. 72
Punishment of person guilty of one of several offenses, the judgment stating that it is doubtful of which: Shall be punished for the offense for which the lowest punishment is provided.
Sec. 73
Solitary Confinement: Court can order solitary confinement in cases awardable of rigorous imprisonment. According to following scale; < 6 months 1 year
Sec. 74
Executing Limit of Solitary Confinement: In no case > 14 days at a time When imprisonment awarded shall exceed 3 months: Solitary Confinement shall not exceed 7 Days in any 1 month of whole imprisonment awarded With Intervals shouldn’t be < such periods
Sec. 75
Enhanced Punishments for offenses under Chapter 12 or Chapter 17 after previous conviction: Anyone having been convicted of an offense punishable under Chapter 12, 17 with at least 3 years imprisonment; Shall be guilty of any offense punishable under either of those Chapters with like imprisonment for the like term, shall be subject for every such subsequent offense to; Imprisonment for Life or Imprisonment upto 10 Years.
