Page:Syariah Penal Code Order, 2013.pdf/69

This page has been proofread, but needs to be validated.

22nd. OCTOBER, 2013


(2) Any person who abets the commission of qatlu syibhil-'amd under section 140(2) is guilty of an offence and shall be liable on conviction to a fine not exceeding $28,000, imprisonment for a term not exceeding 7 years or both.

Qatlul-khata'

Qatlul-khata'.

146. For the purposes of this Order, "qatlul-khata'" means an act done without an intention of causing death or injury which causes the death of a person, either by doing an act which is not anticipated may cause the death of such person or any other person, or by doing a wrongful act which later becomes the cause for the death of such person.

Illustrations

(a) A aims at a deer but misses the target, however shot B, thus causing B's death. A commits qatlul-khata'.
(b) A shoots at an object that he thought to be a deer but it turns out to be a human being. A commits qatlul-khata'.

Punishment of qatlul-khata'.

147. (1) Any person who commits qatlul-khata' without any apparent rash, negligent or wrongful act or default on his part and proved in such manner as provided under section 148 is guilty of an offence and shall be liable on conviction to be punished with payment of diyat to the wali-ad-dam of the victim and to a fine not exceeding $5,000.

(2) Any person who commits qatlul-khata' by any rash or negligent act and it is proved in such manner as provided under section 148 is guilty of an offence and shall be liable on conviction to be punished with payment of diyat to the wali-ad-dam of the victim and with imprisonment for a term not exceeding 10 years.

(3) Any person who commits qatlul-khata' without any apparent negligent or wrongful act or default on his part and it is proved by evidence other than that provided under section 148 is guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(4) Any person who commits qatlul-khata' by any rash or negligent act and it is proved by evidence other than that provided under section 148 is guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years.

1729