Page:Syariah Penal Code Order, 2013.pdf/71

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22nd. OCTOBER, 2013


Qatl by black magic.

152. (1) Any person who commits qatl by black magic which in the ordinary course of nature may cause death and it is proved by ikrar of the accused is guilty of committing the offence of qatlul-'amd and shall be liable on conviction to death punishment as qisas.

Illustration

If the offender states in his ikrar that he has used black magic on B and his black magic, in the ordinary course of nature, causes death, he has committed the offence of qatlul-'amd.

(2) Any person who commits qatlul-'amd by black magic—

(a) which is proved by evidence other than that provided under subsection (1);
(b) where the person is not mukallaf; or
(c) against his own child,

is guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000, imprisonment for a term not exceeding 25 years or both.

(3) Any person who commits qatl by black magic which—

(a) sometimes or rarely causes death;
(b) intended to cause the death of a particular person but caused the death of another person, whose death he does not intend to cause,

and it is proved by ikrar of the accused is guilty of committing qatlu syibhil-'amd and shall be liable on conviction to be punished with payment of diyat to the wali-ad-dam of the victims and with imprisonment for a term not exceeding 15 years.

Illustration

(a) If the offender states in his ikrar that he has used black magic on someone and his black magic sometimes causes death and sometimes not, or his black magic rarely causes death, he has committed the offence of qatlu syibhil-'amd.
(b) If the offender states in his ikrar that he uses black magic on a particular person, but affected some other person and that person died, he has committed the offence of qatlul syibhil-'amd.

(4) Any person who commits qatlu syibhil-'amd by black magic and it is proved by evidence other than that provided under subsection (3) is guilty of an
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