Section 53 of PPC deals with the different kinds and types of punishments
Punishment is the remedy set by law, a loss or pain to the person or authority doing a crime or any wrongful , unethical and legally prohibited act. Law makers use punishments to discourage the criminals and offenders. So All the punishments which are not recognized by the law are illegal.
Any Fine, Penalty, or confinement inflicted upon a person by the authority of the law and the judgement and sentence of a court for some crime or offence committed by him or for his omission of duty enjoyed by the law.
Objectives of Punishments :
Below are the Objectives of Punishments :
- To Prohibit a person to stop unlawful act again and again
- Prevent other persons and society to do the same crime, By Telling them that they will also bear the same punishment if they do the same unlawful act
- Rule of Law
- Protect the Society from Criminals and guilty
- To make the society peaceful
Extent of Punishment
Minimum and maximum extent of punishment varies according to the severity of act or crime. it also varies according to the condition of criminal, condition refers to the financial condition, age and mantel level of the offender.
Different Kinds of Punishments in Law
According To Section 53 of PPC below are the Different types and kinds of Punishments
Qisas is derived from the word “Al-Qisas” which means to follow in someone’s foot steps. So it is generaly meant as equity. The basic principle of qisas is similarity. And it is based upon the islamic and Quranic concept of “life for life”, and “eye for eye”. it is the highest level of punishment , and usually used in the cases of qatal-i-amad, and hurt.
Diyat is the financial Compensation fixed by the Law.
The Offender pays Diyat to the legal heirs of the victim. it’s amount or value is measured in terms of silver. The minimum value for Diyat is “Thirty thousand six hundred and thirty grams” of silver. And it is the right of heirs of the victim. and given in the cases where Qisas is not applicable like qatal khata (murder without intention), qatal – ibis sbab and qatal e shib-I-amd.
Arsh is the financial Compensation given to the victim or his heirs by the offender, where diyat is not applicable, it could be given in a lump sum or installments of five years. it is given in the cases of hurting someone.
Just Like Diyat and Arsh Daman is also a financial compensation , which offender have to pay to the legal heirs of the victim. Daman is applicable if the act is not liable to Arsh and Diyat. Court decides the value and amount of the Daman.
The punishments other than Qisas, Diyat, Arsh and Daman. Tazir is the punishment under the PPC. And it is decided by the court instead of Quran and Sunnah. In other words Tazir is the punishment under the country law.
The highest punishment under the PPC is death sentence. And Court award Death sentence for certain offences in Pakistan like murder, Hijacking, Waging war against Pakistan, Gang rape ,etc. however the death sentence is discouraged by some international institutes.
7. Life Imprisonment
Imprisonment for Life is the second highest punishment under the PPC which could be awarded to a criminal. And the maximum duration for imprisonment in pakistan is 25 years.
Imprisonment reffer’s to the arrest of a person for a specific period of time according to the law.
these are the different forms of imprisonment as given below
- Simple Imprisonment
In this kind the offender simply lives in a cell or jail, and he do not perform any hard work.
- Rigorous Imprisonment
In this kind of imprisonment the Offender do some hard jobs like “break the large stones and cutting the tree” during his period of imprisonment. So that he also suffer some physical punishment along with the simple imprisonment.
- Solitary Imprisonment
Confinement in Isolation of a criminal is a solitary Imprisonment. And it is awarded in the cases where the court have the powers to award Rigorous Imprisonment according to the ppc.
9. Forfeiture of property
The suspension of someone’s legal rights ,on his property as a penalty. And the property could be moveable or immoveable. Section 126, 127 and 168 addresses this kind of punishment.
Fine is a financial punishment.
In some cases like traffic “signal violation” fine is “a fix amount”. And in some cases value is variable according to the crime and its severity.
In Cases where the fine and imprisonment both are liable, the imprisonment will not be more than the fourth of the maximum period of imprisonment defined under the law.
The Section 53 of Pakistan Penal Code deals with the different kinds of punishments. Which legal authorities can award to the offenders. The main objectives of these punishments are to make the society peaceful by discouraging the criminals.