Legal forms of compensation in Pakistan include the following:
Diyat means the compensation specified in section 323 of PPC, which is payable to the heirs of the victim by the offender.
Section 323 states that the court shall, subject to the injunctions of Islam as laid down in the Holy Quran and Sunnah and keeping in view the financial position of the convict and the heirs of the victim; fix the value of the diyat which shall not be less than the value of 30.630 kg of silver.
Arsh means the compensation specified in the law to be paid by the offender to the victim or his heirs for causing hurt. Value of it depends on the kind of hurt.
For example, arsh for causing itlaf of an organ, which is found singly in body, shall be equivalent to the value of Diyat.
Arsh for causing itlaf of a finger of a hand or foot shall be 1/10th of the value of diyat.
Daman means the compensation determined by the court to be paid by the offender to the victim for causing hurt not liable to Arsh.
The value of Daman is determined by the court keeping in view:
- Expenses incurred on the treatment of the victim
- Loss or disability caused in the function or power of any organ
- Compensation for the anguish suffered by the victim
Qisas means punishment by causing similar hurt at the same part of the body of the convict as he has caused to the victim, or by causing his death if he has committed Qatl-i-Amd, in exercise of the right of the victim or a Wali. (S. 299 PPC)
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