(b) has no wali other than a minor or insane or one of the wali is a minor or insane, the
father or if he is not alive the paternal grandfather of such wali shall have the right of qisas
on his behalf:
Provided that, if the minor or insane wali has no father or paternal grandfather,
howhighsoever, alive and no guardian has been appointed by the Court, the Government
shall have the right of qisas on his behalf.
314. Execution of qisas in qatl-i-amd: (1) Qisas in Qatll-i-amd shall be executed by a
functionary of the Government by causing death of the convict as the Court may direct.
(2) Qisas shall not be executed until all the wali are present at the time of execution, either
personally or through their representatives authorised by them in writing in this behalf:
Provided that where a wali or his representative fails to present himself on the date, time
and place of execution of qisas after having been informed of the date, time and place as
certified by the Court, an officer authorised by the Court shall give permission for the
execution of qisas and the Government shall cause execution of qisas in the absence of
such wali.
(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 up to 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 she shall, be dealt
with as if sentenced to simple imprisonment.
315-Qatl shibh-i-amd: Whoever, with intent to cause harm to the body or mind of any
person, causes the death of that or of any other person by means of a weapon or an act
which in the ordinary course of nature is not likely to cause death is said to commit qatlshibh-i-amd.
Illustration
A in order to cause hurt strikes Z with a stick or stone which in the ordinary course of
nature is not likely to cause death. Z dies as a result of such hurt. A shall be guilty of Qatl
shibh-i-amd.
316. Punishment for Qatl shibh-l-amd: Whoever commits qatl shibh-i-amd shall be
liable to diyat and may also be punished with imprisonment of either description for a term
which may extend to fourteen years as ta'zir.
317. Person
committing
qatl
debarred from succession: Where a person
committing qatl-i-amd or Qatl shibh-i-amd is an heir or a beneficiary under a will, he shall
be debarred from succeeding to the estate of the victim as an heir or a beneficiary.