Section 310. Compounding of qisas (Sulh) ( )صلعin qatl-i- amd
1) In the case of qatl-i-amd, an adult sane wali may, at any time on accepting badal-i-sulh, compound his right of qisas: [
Provided that a female shall not be given in marriage or otherwise in badal-i-sulh] 1[:] [Provided further that where the principle of fasad-fil-arz is attracted, compounding of the right of qisas shall be subject to the provisions of section 311.]
(2) Where a wali is a minor or an insane, the wali of such minor or insane wali may compound the right of qisas on behalf of such minor or insane wali:
Provided that the value of badal-i-sulh shall not be less than the value of diyat.
(3) Where the Government is the wali, it may compound the right of qisas:
- Where the badal-i-sulh is not determined or is a property or a right the value of which cannot be determined in terms of money under Shari'ah ( )شریعہthe right of qisas shall be deemed to have been compounded and the offender shall be liable to diyat.
- Badal-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, Badal-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 moveable or immovable property. Subs. & added by Act XLIII of 2016, ss. 4-[5]Whoever gives a female in marriage or otherwise compels her to enter into marriage, as badla-e-sulh, wanni, or swara or any other custom or practice under any name, in consideration of settling a civil dispute or a criminal liability, shall be punished with imprisonment of either description for a term which may extend to seven years but shall not be less than three years and shall also be liable to fine of five hundred thousand rupees.]