QLC PAKISTAN PENAL CODE

LLB – I
Miss Ambrin Tariq Awan
(Gold Medalist)
Advocate High Court
Member International Bar Association
Team Leader Academics QLC

QUESTION: DEFINE AND DISTINGUISH BETWEEN QATL E KHATA AND

QATL BIS SABAB?

1- INTRODUCTION

Section 318- 322 deals with Qatl-e-Khata and Qatl-bis-sabab.

In PPC FOUR kinds of qatl have been provided according to gravity of offence and
circumstances of the case.

Whoever kills a soul unless for a soul or for corruption [done] in the land - it is as if he
had slain mankind entirely” Surah AlMaida : 32

2- CROSS REFERNCES

 Article 9 of Constitution of  Sec 164, 364 and 365 onwards

Pakistan of the Code of Criminal
Procedure, 1898
High Court Rules ,Vol III Chap  Article 17 Qanun-e-Shahdat
13 Order,1984
3- DEFINITION OF QATL U/S 299 (j)
1. Causing death
2. Of person
3. By another person
4- INGREDIENTS TO CONSTITUTE QAT-E-KHATA U/S 318

a) Without intention to cause death or Harm

b) Causing death of other
I. By mistake of fact, or
II. Mistake of act
5- EXPLANATION
Narrate the above ingredients in 5/6 lines.
6- ILLUSTRATION
7- PUNISHMENT U/S 319
 Diyat
 If element of rash or negligence present than imprisonment upto 5 years.
 If negligence is relating to driving, imprisonment may upto 10 years
QLC PAKISTAN PENAL CODE
LLB – I
Miss Ambrin Tariq Awan
(Gold Medalist)
Advocate High Court
Member International Bar Association
Team Leader Academics QLC

QUESTION: DEFINE AND DISTINGUISH BETWEEN QATL E KHATA AND

QATL BIS SABAB?

8- INGREDIENTS TO CONSTITUTE QAT-BIS-SABAB U/S 321

a) Without intention to cause death or Harm
b) Causation of death
c) By any unlawful act
9- PUNISHMENT U/S 322
 Diyat

10- DIFFERENCE BETWEEN QATL-E-KHATA & QATL BIS SABAB

1. Mistake of fact
Mistake of fact means Ignorance or forgetfulness of the existence or non-
existence of a fact, in Qatl-e-Khata mistake of fact might be the cause of death.
But in Qatl Bis Sabab it can not be.
2. Mistake of act
It is mistake where the act intended was different from the act done. In Qatl-e-
Khata mistake of act might be the reason but in Qatl-Bis-Sabab there is no such
mistake involved.
3. Unlawful act
The cause of death in Qatl-Bis-Sabab is some unlawful act of the part of offender
but it Qatl E Khata there must be mistake.
4. Punishment
In Qatl-e-Khata in addition to diyat imprisonment may also be awarded. Whereas
in Qatl Bis-Sabab only diyat is the punishment.
5. Element of negligence
In Qatl E Khata prosecution may putt efforts to prove negligence on the part of
offender whereas in Qatl Bis Sabab negligence is not of that importance.
6. Cases of Driving negligence
In Qatl-e-Khata special provision for rash and negligent driving is present. But in
qatl bis sabab there is no such provision.

11- CONCLUSION