This document discusses different types of hurt under Pakistani law. It defines hurt and outlines various kinds of hurt including itlaf-i-udw (dismemberment), itlaf-i-salahiyat-i-udw (impairing an organ), shajjah (injury to head/face), and jurh (injury elsewhere). It describes punishments for hurt caused by rash/negligent acts, by mistake, or with poison. The document also discusses when qisas (retaliatory punishment) does or does not apply for hurt cases and defines compensation (arsh) amounts for different body parts.
3. HURT
Whoever causes
pain,
harm,
disease,
infirmity or
injury to any person, or
impairs or dismembers any organ of the
body or part thereof, of any person,
without causing his death, is said to cause
hurt. (S. 332 (1) PPC)
4. Kinds of Hurt
Itlaf-i-Udw
Itlaf-i-Salahiyat-i-Udw
Shajjah
Jurh
All kinds of other hurts
5. Itlaf-i-udw
“Whoever dismembers, amputates, or
severs any limb or any organ of the body
of another person, without causing his
death, is said to cause itlaf-i-udw. (S. 333
PPC)
6. Itlaf-i-Salahiyat-i-Udw
“Whoever destroys or permanently
impairs the function, power or capacity of
an organ of the body of another person,
or causes permanent disfigurement, is
said to cause itlaf-i-salahiyat-i-udw. (S.
335 PPC)
7. Shajjah
“Whoever causes, on the head or face of
any person, any hurt which does not
amount to itlaf-i-udw or itlaf-i-salahiyat-i-
udw is said to cause shajjah. (S. 337 PPC)
8. Kinds of Shajjah
a. Shajjah-i-Khafifa
Causing Shajjah without exposing bone of the victim
b. Shajjah-i-Mudihah
Causing Shajjah with exposing bone of the victim but without causing fracture
c. Shajjah-i-Hashimah
Causing Shajjah by fracturing the bone of the victim but without dislocating it
d. Shajjah-i-Munaqqilah
Causing Shajjah by both fracturing and dislocating the bone of the victim
e. Shajjah-i-Ammah
Causing Shajjah by causing fracture of the skull and the wound touches the
membranes of the brain
f. Shajjah-i-Damighah
Causing Shajjah by causing fracture of the skull and the wound ruptures the
membranes of the brain
9. JURH
Causing hurt on any part of the body,
other than the head or face, which leaves
a temporary or permanent mark of the
wound, is called Jurh. (S. 337 PPC)
10. KINDS OF JURH
a. Jaifah
Causing Jurh in which the injury extends
into the body cavity of the trunk.
b. Ghayr Jaifah
Causing Jurh, which does not amount to
Jaifah, i.e. the injury does not extend to
the body cavity.
11. KINDS OF GHAYR JAIFAH
i. Damiyah
Causing Ghayr Jaifah in which the skin ruptures with bleeding
ii. Badi’ah
Causing Ghayr Jaifah by cutting or incising the flesh without
exposing the bone
iii. Mutalahimah
Causig Ghayr Jaifah by lacerating the flesh
iv. Mudihah
Causing Ghayr Jaifah by exposing the bone
v. Hashimah
Causig Ghayr Jaifah by causing fracture but without dislocation
vi. Munaqqilah
Causing Ghayr Jaifah by fracturing as well as dislocating it
12.
13. Punishment o hurt by rash or
negligent act u/s 337-H
Shall be liable to arsh or daman specified
for the kind of hurt caused and may also
be punished up to 3 yrs as tazir
Whoever does any act so rashly or
negligently as to endanger human life or
the personal safety of others shall be
punished with imprisonment upto 3
months or with fine or with both
14. Punishment for causing hurt by
mistake u/s 337-I
Shall be liable to arsh or daman specified
for the kind of hurt caused
15. Hurt by Means of a Poison
u/s 337-J
“Whoever administers to, or causes to be
taken by any person, any poison or any
stupefying, intoxicating or unwholesome
drug, or such other thing, with intent to
cause hurt to such person, or with the intent
to commit or to facilitate the commission of
an offense, or knowing it to be likely that he
will thereby cause hurt, may in addition to
the punishment of ‘arsh’ or ‘daman’ provided
for the kind of hurt caused, be also punished
with regard to the nature of hurt caused with
imprisonment upto 10yrs”. (S. 337-J PPC)
16. Causing hurt to extort , confession
or to compel restoration of
property u/s 337-K
In addition to the punishment of qisas
,arsh or daman as the case may be
provided for the kind of hurt caused be
punished , with imprisonment up to 10
yrs as tazir
17. Punishment for other hurt u/s
337-L
Sever body pain existed for twenty days
or more or renders him unable to follow
his ordinary persuits for twenty days or
more shall be liable to daman and
imprisonment upto 7 yrs
Whoever causes hurt not covered by sub-
section 1 shall be punished with
imprisonment upto 2 yrs or with daman or
with both
18. Hurt not liable to qisas u/s 337-M
When offender is a minor or insane
When an offender at the instance of the
victim causes hurt to him
When the offender has caused itlaf-e-udw
of a physically imperfect organ of victim
and the convict doesnot suffer from
similar physical imperfection of such
organ
When organ of offender liable to qisas is
missing
19. Cases in which qisas for hurt shall
not be enforced u/s 337-N
When offender dies before execution of
qisas
When organ of offender liable to qisas is
lost before execution of qisas
When victim waives the qisas or
compounds the offence with badl-e-sulh
or
when the right of qisas devolves on
person who cannot claim qisas against the
offender
20. Arsh for single organ u/s 337-Q
Shall be equivalent to value of diyat
21. Arsh of organs in pairs u/s 337-R
Shall be equivalent to diyat
If itlaf is caused to one of such organs the
amount of arsh shall be one half of diyat
Where victim has only one organ or his
other organ is missing or has already
become incapacitated the arsh for causing
itlaf of existing organ be equal to value o
diyat
22. Arsh for organs in quadruplicate
u/s 337-S
One –fourth of diyat if itlaf is one of such
organs
One half of diyat if itlaf is of two such
organs
Three-fourth of diyat if itlaf is of three of
such organs
Full diyat if itlaf is of all four organs
23. Arsh for fingers u/s 337-T
The arsh for causing itlaf of a finger of a
hand or foot shall be one-tenth of diyat
The arsh for causing itlaf of a joint of a
finger shall be one-thirteenth of diyat
Itlaf of joint of a thumb the arsh shall be
one –twentieth of diyat
24. Arsh for teeth u/s 337-U
Itlaf of tooth other than milk tooth shall
be one-twentieth of diyat
The arsh for causing itlaf of twenty or
more teeth shall be equal to value of diyat
Where itlaf is of milk tooth, the accused
shall be liable to daman and may also be
punished upto one year
Where itlaf of milk tooth impedes the
growth of new teeth, the accused shall be
liable to arsh of one-twenteith of diyat
25. Arsh for hair u/s 337 -V
All hair of head, beard,mostaches, eyebrow, eye
lshes or any other part of body shall be liable to
arsh equal to diyat and also be be punished with
imprisonment upto 3yrs
One eye brow shall be liable to arsh equal to one
half of diyat
One eyelash shall be liable to arsh equal to one
fourth of diyat
Where hair of any part of body of victim are
forcibly removed by any process not covered
under sub section 1, the accused shall be liable
to daman and imprisonment upto one year