Principles of Qisas and Tazir

When the proof under section 304 is available then the accused is liable
to death punishment as Qisas under section 302(a). Then if any one wali
or all the walis granted pardon to the accused without accepting badule
sulah or diyath or pardoned the accused fee sabilillah the the compromise
application will be filed under section 309 ppc but if the any wali or all wali
after accepting badul e sulah pardoned the accused then compromise
application will be filed under section 310 ppc. The wali who does not
agree for the compromise, will be entitled to his share of diyat. In case of
qisas if anyone grants pardon to the accused then the punishment
awarded as Qisas could not be executed and the court has the discretion
to convict the accused under section 311 ppc as tazir. The court has the
discretion to either grant life imprisonment as tazir, 14 years, 10 years or
also can award death punishment as tazir under section 311 keeping in
view the Fasad Fil Arz. Fasad fil arz include past conduct of accused and
if all the walis do not agree for compromise. These are the principles of
qisas. Whereas, if punishment is awarded under section 302(b) as taizr
then all the wali must agree for compromise and when all the wali are
ready for the compromise then the court has to acquit the accused. If
punishment is awarded as taizir then all the legal heirs could compound
the offense under section 345(2) subject to permission of the court and
the court has to accept it and release the accused. Partial compromise is
acceptable in case of Qisas but partial compromise is not acceptable in
case of tazir. If all the wali did not ascent the compromise in case of tazir
then compromise is liable to be rejected.