306. Qatl-e-amd not liable to qisas : Oatil-i-Amd shall not be liable to qisas in the
following cases, namely:-(a) when an offender is a minor or insane:
Provided that, where a person liable to qisas associates himself in the commission of the
offence with a person not liable to qisas, with the intention of saving himself from qisas,
.he shall not be exempted from qisas;
(b) when an offender causes death of his child or grand-child, howlowsoever'; and
(c) when any wali of the victim is a direct descendant, howlowsoever, of the offender.
307. Cases in which Qisas for qatl-i-amd shall not be enforced: (1) Qisas for qatl-iamd, shall not be enforced in the following cases, namely:-(a) when the offender dies before the enforcement of qisas;
(b) when any wali voluntarily and without duress, to the satisfaction of the Court, waives
the right of qisas under Section 309 or compounds under Section 310 and
(c) when the right of qisas devolves on the offender as a result of the death of the wali of
the victim, or on , the person who has no right of qisas against the offender., .
(2) To satisfy itself that the wali has waived the right of qi'sas under Section 309 or
compounded the right of qisas under Section 310 voluntarily and without duress the Court
shall take down the statement of the wali and such other persons as it may deem
necessary on oath and .record an opinion that it is satisfied that the Waiver or, as the case
may be, the composition, was voluntary and not the result of any duress.
Illustrations
(i) A kills Z, the maternal uncle of his son B. Z has no other wali except D the wife of A. D
has the right of qisas from A but if D dies, the right of qisas shall devolve on her son B
who is also the son of the offender A. B cannot claim qisas against his father. Therefore,
the qisas cannot be enforced.
(ii) B kills Z, the brother of their husband A. Z has no heir except A. Here A can claim
qisas from his wife B. But if A dies, the right of qisas shall devolve on his son D who is
also son of B, the qisas cannot be enforced against B.
308. Punishment in qatl-i-amd not liable to qisas, etc.: (1) Where an offender guilty of
qatl-i-amd is not liable to qisas under Section 306 or the gisas is not enforceable under
clause (c) of Section 307, he shall be liable to diyat: