Pardon and Compromise in Murder Cases: Analysis of few Important Issues

Abstract

The offence of murder in Pakistan before the promulgation of Qisas and Diyat Ordinance was non compoundable and like other crimes; only the state owned the right to pardon in these cases. Now in light of the principles of Islamic law, under section 309 of PPC (Pakistan Penal Code), the right of pardon is given to affected party or relatives of the deceased. Federal Shariat Court has also acknowledged this principle that the state cannot pardon the accused for punishment of Qisas without the consent of wali of the victim. Though under Article 45 of Constitution of Pakistan 1973, head of the state can pardon any punishment, and it is a known fact that Constitution of Pakistan has supremacy over PPC, therefore head of the state can pardon a murderer or decrease in degree of punishment without the consent of heirs of the victim.

Few people have condemned the law that this amendment has paved the way for honor killing because, for example if a brother in aggression kills his sister in the name of honor and father of the girl being heir of the victim has right to pardon his son (murderer) and he normally does this. Similarly, according to section 310 of PPC, the offence of murder has become compoundable. There is another objection on this section that, if heirs of the victim are deprived ones, and murderer belongs to an influential family so they compel heirs of the victim to compromise through force or bribe. In this research study, the above mentioned issues shall be highlighted.