(o) when the right of qisas devolves on the person who cannot claim qisas against the
offender under this Chapter:
Provided that the offender shall be liable to arsh, if there is any wali other than the
offender, and if there is no wali other than the offender he shall be liable to ta'zir provided
for the kind of hurt caused by him.
(2) Notwithstanding anything contained in this Chapter, in all cases of hurt, the Court may,
having regard to the kind of hurt caused by him, in addition to payment of arsh, award
ta'zir to an offender who is a previous convict, habitual or hardened, desperate or
dangerous criminal.
337- 0. Wali In case of hurt: In the case of hurt: The wali shall be(a) the victim:
Provided that, if the victim is a minor or insane, his right of qisas shall be exercised by his
father or paternal grand father, howhighsoever;
(b) the heirs of the victim, if the later dies before the execution of qisas: and
(c) the Government, in the absence of the victim or the heirs of the victim.
337-P. Execution of qisas for hurt: (1) Qisas shall be executed in public by an
authorised medical officer who shall before such execution examine the offender and take
due care so as to ensure that the execution of qisas does not cause the death of the
offender or exceed the hurt caused by him to the victim.
(2) The wali shall be present at the time of execution and if the wali or his representative is
not present, after having been informed of the date, time and place by the Court an officer
authorised by the Court in this behalf shall give permission for the execution of qisas.
(3) If the convict is a woman who is pregnant, the Court may, in consultation with an
authorised medical officer, postpone the execution of qisas upto a period of two years
after the birth of the child and during this period she may be released on bail on furnishing
of security to the satisfaction of the Court or, if she is not so released, shall be dealt with
as if sentenced to simple' imprisonment.
337-Q. Arsh for single organs: The arsh for causing itlaf of an organ which Is found
singly in a human body shall be equivalent to the value of diyat.
Explanation: Nose and tongue are included in the organs which are found singly in a
human body.