Punishment for Qatl-i-Amd: Section 302 PPC

The section, as retrieved

302. Punishment of qatl-i-amd: Whoever commits qatl-e-amd shall, subject to the provisions of this Chapter, be — (a) punished with death as qisas; (b) punished with death or imprisonment for life as ta'zir having regard to the facts and circumstances of the case, if the proof in either of the forms specified in Section 304 is not available; or (c) punished with imprisonment of either description for a term which may extend to twenty-five years, where according to the Injunctions of Islam the punishment of qisas is not applicable. Pakistan Penal Code — Chapter XVI, Section 302. Retrieved from the corpus indexed by FAI Legal Research Assistant.

Retrieved via full-text search of the indexed Pakistan Penal Code. The corpus flags this text as unverified for currency or amendment — see the caution below before relying on it.

What this means

Qatl-i-amd is intentional murder under Pakistani law, and Section 302 sets out three distinct routes to punishment rather than one fixed sentence:

• Clause (a) — qisas. Death as retribution in kind, available where the proof required for qisas (set out elsewhere in the Chapter) is established.
• Clause (b) — ta'zir. Death or life imprisonment at the court's discretion, applied where the specific forms of proof required for qisas under Section 304 are not available, but the offence is still proved.
• Clause (c). Imprisonment up to twenty-five years, reserved for cases where qisas is not applicable according to the Injunctions of Islam.

Which clause applies to a given case turns on facts, proof, and the surrounding sections of the same Chapter (including compounding, diyat, and the qisas proof requirements in Section 304) — none of which this page attempts to summarize.

What this page does not cover

• The proof requirements for qisas under Section 304, or what happens where a case is compoundable — these sit elsewhere in the same Chapter.
• Diyat (compensation) and its calculation.
• Distinctions between qatl-i-amd and other categories of qatl (qatl-i-khata, shibh-i-amd) defined earlier in the Chapter.
• Amendments made after the text above was indexed.

Frequently asked

Is the death penalty mandatory for qatl-i-amd under Section 302?

No. The section provides three distinct outcomes — qisas, ta'zir (death or life imprisonment), or up to twenty-five years' imprisonment — and which applies depends on the proof available and the Chapter's other provisions, not a single mandatory sentence.

What is the difference between qisas and ta'zir under this section?

Qisas is retribution in kind, available on the specific proof required by Section 304. Ta'zir is a discretionary sentence of death or life imprisonment applied when that specific proof is not available but the offence is otherwise established.