Law: Penal Code (XLV of 1860)

Section: 302, Ch. XVI

Law: Constitution of Pakistan 1973

Section: 203-B

Law: Criminal Procedure Code (V of 1898)

Section: 345(7), 401, 402, 402A & 402B

(a) Penal Code (XLV of 1860)  S. 302 & Ch. XVI read with Constitution of Pakistan (1973), Art. 203BConformity with injunctions of IslamPenalties prescribed in Chap. XVI of Penal Code, 1860 with respect to offences against human, body, particularly, S. 302Held, not in accordance with injunctions of Islam since such offences, according to Islamic injunction, could be condoned by pardon, or on payment of "Diyat" and particularly a nonpubert could not be subjected to "Qisas"[Qisas Muhammadan Law]. The Holy Qur'an II: 178 and 179 ; IV : 92, V: 45Translations : By Shah RafiudDin Mohadis Dehlvi; By Maulana Mohammad Ashraf Ali Thanvi ; Bar Maulana Abul A'la Maudoodi Sahib on TafheemulQur'an ; By Maulana Mohammad Shafi on `Ma'arifulQur'an' and By A. Yousaf Ali : Bukhari Sharif ; Muslim Sharif; Sunan Abu Daud ; Sunan Ibne Maja ; KitabudDiyat in Bukhari Sharif, Vol. III, published by Deeni Kutub Khana, Lahore; Mishkat, Vol. II, p. 302 and Sunan Darmi Sharif Urdu published by Qur'an Mahal, Karachi, Chap. 811, pp. 357358 ref. (b) Criminal Procedure Code (V of 1898)  Ss. 345(7), 401, 402, 402A & 402B Provincial or Federal Govern mentHeld, cannot remit, reduce or commute any sentencePowers in such respect exercisable only by a Court in accordance with injunc tions of Islam.[Sentence]. Treatise of Abdul Raziq, Vol. 10, p. 14 ref. (c) Criminal trial  Muslim Criminal LawPunishmentLaw providing "ta'azir" (impri sonment or death) in case of recedivist including one accused of theft or murder other than accidental (even if pardoned by heirs of deceased or blood money paid)Held, not violative of injunctions of Islam. [Sentence]. (d) Criminal trial  Muslim Criminal LawMinor  Punishment  Accused a non pubert"Qisas" or "Hadd"Not to be exactedNonpubert, however, held, can be awarded any other punishment by way of "Ta'azir".w. [SentenceQisasHadd]. (e) Criminal trial  Muslim Criminal LawPunishmentOffences affecting human body Held, can be disposed of on basis of a pardon, or on payment of "Diyat" by affected person, if alive, or by his heirs…