1) Where an offender guilty of qatl-i-amd is not liable to qisas under section 306 or the qisas is not enforceable under clause
(c) of section 307, he shall be liable to diyat :

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-e-amd the offender being a minor, had attained sufficient maturity or 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 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 as ta'zir.

(2) Notwithstanding anything contained in sub-section (1), 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 , as ta'zir. Subs. by Act I of 05,s.5. wali may, at any time and without any compensation, waive his right of qisas:

1. where the Government is the wali ; or
2. where the right of qisas vests in a minor or insane 1[:] [Provided further that where the principle of fasad-fil-arz is attracted, waiver of qisas shall be subject to the provisions of section 311.] (2) Where a victim has more than one wali, anyone of them may waive his right of qisas:

1. 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.
2. 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.