Section 309. Waiver (Afw) ( )عفوof qisas in qatl-i-amd
Waiver-Afw (عفو) of qisas in qatl-i-amd.
(1) In the case of qatl-i-amd, an adult sane wali may, at any time and without any compensation, waive his right of qisas:
- where the Government is the wali ; or
- where the right of qisas vests in a minor or insane 1[:] 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:
- 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.
- 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.