Page:Syariah Penal Code Order, 2013.pdf/64

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BRUNEI DARUSSALAM GOVERNMENT GAZETTE


Qatlul-'amd committed by public servant.

130. (1) Any public servant who commits qatlul-'amd in obedience to the law or in the lawful exercise of his powers or duties as a public officer shall not be subject to any liability for such qatl.

(2) For the purposes of subsection (1), such public servant shall not exceed the powers given to him by law and commits qatl by doing an act which he in good faith believes to be lawful and necessary for the discharge of his duty as public servant.

Right of qisas of wali-ad-dam in qatlul-'amd.

131. In qatlul-'amd, the right of qisas are as follows—

(a) where there is only one wali-ad-dam, he alone has the right of qisas;
(b) where there is more than one wali-ad-dam, the right of qisas vests in each of them;
(c) where the wali-ad-dam is not mukallaf. the right of qisas is taken over by his wali;
(d) where the victim has no wali-ad-dam, the right of qisas is exercised by His Majesty the Sultan and Yang Di-Pertuan.

Cases in which punishment of qatlul-'amd not enforced.

132. The punishment of qisas in qatlul-'amd shall not be enforced in any of the following cases—

(a) when the offender dies before the enforcement of qisas;
(b) when any wali-ad-dam or all the wali-ad-dam pardon; or
(c) when sulh between the victim's wali-ad-dam and the offender has been made.

Pardon in respect qatlul-'amd.

133. (1) In the case of qatlul-'amd, a wali-ad-dam who is mukallaf may, before execution of the punishment, pardon qisas on the offender whether with or without diyat.

(2) If a wali-ad-dam is not mukallaf, his wali may pardon qisas on the offender with diyat.

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