1) The qisas for a hurt shall not be enforced in the following cases, namely :

1. when the offender dies before execution of qisas ;
2. when the organ of the offender liable to qisas is lost before the execution of qisas:

1. when the victim waives the qisas or compounds the offence with badl-i-sulh ; or
2. when the right of qisas devolves on the person who cannot claim qisas against the offender under this Chapter:

Provided that the offender shall be liable to arsh, if there is any wali other than the offender, and if there is no wali other than the offender he shall be liable to ta'zir provided for the kind of hurt caused by him.

(2) Notwithstanding anything contained in this Chapter, in all cases of hurt, the court may, having regard to the kind of hurt caused by him, in addition to payment of arsh, award ta'zir to an offender who is a previous convict, habitual or hardened, desperate of dangerous criminal 1[:] [

Provided that the ta’zir shall not be less than one-third of the maximum imprisonment provided for the hurt caused if the offender is a previous convict, habitual, hardened, desperate or dangerous criminal or if the offence has been committed by him in the name or on the pretext of honour.]