Provided that the value of badf-i-sufh shall not be less than the value of diyat. (3) Where the Government is the wali, it may compound the right of qisas: Provided that fee value of badi-i-sulh shall not be less than the value of diyat. (4) Where the badl-i-sufh is not determined or is a property or a right the value of which cannot be determined in terms of money under Shari'ah, the right of qisas shall be deemed to have been compounded and the offender shall be liable to diyat. (5) Badl-i-sulh may be paid or given on demand or on a deferred date as may be agreed upon between the offender and the wali Explanation: In this section, Badl-i-sulh means the mutually agreed compensation according to Shari'ah to be paid or given by the offender to a wali in cash or in kind or in the form of movable or immovable property. 311-Ta'zir after waiver or compounding of right of qisas in qatl-i-amd: Notwithstanding anything contained in Section 309 or Section 310, where all the wali do not waive or compound the right of qisas, or keeping in view the principle of fasad-fil-arz the Court may, in its discretion having regard to the facts and circumstances of the case, punish an offender against whom the right of qisas has been waived or compounded with imprisonment of either description for a term of which may extend to fourteen years as ta'zir. Explanation: For the purpose of this section, the expression fasad-fil-arz shall include the past conduct of the offender, or whether he has any previous convictions, or the brutal or shocking manner in which the offence has been committed which is outrageous to the public conscience, or if the offender is considered a potential danger to the community. 312. Qatl-i-amd after waiver or compounding of qisas : Where a wali commits qatl-iamd of a convict against whom the right of qisas has been waived under Section 309 or compounded under Section 310, such wali shall be punished with-- . \. (a) qisas, if he had himself, waived or compounded the right of qisas against the convict or had knowledge of such waiver of-composition by another wali, or (b) diyat, if he had no knowledge of such waiver or composition. 313. Right of qisas in qatl-i-amd : (1) Where there is only one wali, he alone has the right of qisas in qatl-i-amd but, if there are more than one, the right of qisas vests in each of them. (2) If the victim(a) has no wali, the Government shall have the right of qisas; or