Provided that, where the offender is minor or insane, diyat shall be payable either from his
property or, by such person as may be determined by the Court:
Provided further that where at the time of committing qatl-i-amd the offender being a
minor, had attained sufficient maturity of being insane, had a lucid interval, so as to be
able to realize the consequences of his act, he may also be punished with imprisonment
of either description for a term which may extend to fourteen years as ta'zir.
Provided further that, where the qisas is not enforceable under clause (c) of Section 307,
the offender shall be liable to diyat only if there is any wali other than offender and if there
is no wali other than the offender, he shall be punished with imprisonment of either
description for a term which may extend to fourteen years as ta'zir.
(2) Notwithstanding anything contained in sub-section (i), the Court, having regard to the
facts and circumstances of the case in addition to the punishment of diyat, may punish the
offender with imprisonment of either description for a term which may extend to fourteen
years, as ta'zir.
309. Waiver (Afw) of qisas in qatl-i-amd : In the case of qatl-i-amd, an adult sane wali
may, at any time and without any compensation, waive his right of qisas:
Provided that the right of qisas shall not be waived;
(a) where the Government is the wali, or
(b) where the right of qisas vests in a minor or insane,
(2) Where a victim has more than one Wali any one of them may waive his right of qisas:
Provided that the wali who does not waive the right of qisas shall be entitled to his share
of diyat.
(3) Where there are more than one victim, the waiver of the right of qisas by the wali of
one victim shall not affect the right of qisas of the wali of the other victim.
(4) Where there are more than one offenders, the waiver of the right of qisas against one
offender shall not affect the right of qisas against the other offender.
310. Compounding of qisas (Sulh) in qatl-i-amd: (1) In the case of qatl-i-amd, an adult
sane wali may, at any time on accepting badl-i-sulh, compound his right of qisas:
Provided that giving a female in marriage shall not be a valid badl-i-sulh.
(2) Where a wali is a minor or an insane, the wali of such minor or insane wali may
compound the right of qisas on behalf of such minor or insane wali: