Qisas & diyat

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FORENSIC MEDICINE: It is a branch of medicine which deals with the

application of the principles of medical knowledge to the purpose of law and to furthering of justice.

It is that branch of medicine which deals with medical

aspects of law. It is also called as legal medicine.

MEDICAL JURISPRUDENCE:(Juris: law; prudentia: knowledge)

It is the knowledge of law in relation to practice of medicine. or

It deals with legal aspects of medicine. e.g.

Doctor-patient relationship, Doctor-doctor relationship, and Doctor state relationship.

STATE MEDICINE: It is that branch of medicine which is

concerned with public, community and environmental health.

It deals the application of medical knowledge to prevent the spread of diseases.

Accordingly, a registered medical practitioner has certain statutory duties that he must inform the public health authorities.BirthsDeathsCases of food poisoning

so that appropriate medical statistics are maintained and spread of diseases prevented.

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A registered medical practitioner has certain statutory duties that he must inform the public health authorities.

a. Birthsb. Deathsc. Cases of food poisoning

So that appropriate medical statistics are maintained and spread of diseases prevented.

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INQUEST: It means a legal inquiry into the cause of death which is not apparently due to natural causes.

The death due to unnatural cause or suspicious deaths must be reported to the authorities.

such as:I. Sudden deaths due to unknown cause.II. Suicide, homicide and infanticide.III. Death due to accidents, poisoning.IV. Deaths under suspicious circumstances.V. Hospitals deaths due to negligence i.e.

anesthesia, operative, postoperative, etc.VI. Death in police custody.

POLICE INQUEST:

This means an inquiry by a police officer into the cause of any unnatural or suspicious death.

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QISAS & DIYAT ORDINANCE (1991)

Pertaining to various types of Hurt & Qatl.

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ArshCompensation for causing hurt which is specified in law,

to be paid by the offender to the victim or his heirs.

Daman Compensation for causing hurt not liable to Arsh, to be

determined by the court and to be paid by the offender to the victim or his heirs.

DiyatCompensation for causing death which is specified in

law payable by the offender to the heirs of the victim.

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Wound (surgically)Any lesion where there is breach of continuity of skin,

mucus membrane or conjunctiva called wound (surgically).

Wound (medico-legally)Any lesion, external or internal, caused by violence with

or without breach of continuity of tissue called wound (medico-legally).

Trauma It is an insult either physical or mental affecting one’s

state of well being.InjuryAny harm caused illegally to any person in body, mind,

property or reputation.

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HurtCausing pain, harm, disease, infirmity, injury or

impairing, disabling or dismembering any organ of the body without causing his death.

The following are the kinds of hurt:-a) Itlaf-i-udwb) Itlaf-i-salahiyyat-i-udwc) Shajjahd) Jurh

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Itlaf-I-udw

Causing dismemberment, amputation, severement of any limb or organ of the body.

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Itlaf-i-salahiyyat-i-udw Destroying or permanently impairing the function or capacity of an organ of the body, or causing permanent disfigurement.

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ShajjahHurt on the head or face which does not amount to itlaf-i-udw or itlaf-i-

salahiyyat-i-udw.kinds of Shajjah :-

a) Shajjah-i-khafifah.b) Shajjah-i-mudihah.c) Shajjah-i-hashimah.d) Shajjah-i-munaqqilah.e) Shajjah-i-ammah.f) Shajjah-i-damighah.

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Shajjah Khafifah Hurt without exposing bone.Shajjah-i-mudihah Exposing of bone without causing fracture.Shajjah-i-hashimah Fracture of bone without displacement of the bone.

Shajjah-i-munaqqilah Fracture of the bone with displacement.Shajjah-i-ammah Fracture of the skull and the wound touches the membrane of the brain.Shajjah-i-damighah Fracture of the skull with rupturing the membranes of the brain.

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Jurh Hurt on parts of the body other than the head and face bearing mark of a wound which may be temporary or permanent. Two types:- a. Jurh Jaifahb. Jurh Ghayr-jaifah.

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Jurh Jaifah Wound extending to the cavity of the trunk.

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Jurh Ghayr-jaifah Jurh not amounting to jurh jaifah. Kinds of jurh ghayr-jaifah, namely:-a. Damiyah b. Badi’aah c. Mutalahimah d. Mudihah e. Hashimah f. Munaqqilah

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Jurh ghayr-jaifah: damiyah. Rupturing of the skin with bleeding. badi’aah: Cutting of flesh without exposing the bone. Mutalahimah.: lacerating the flesh. Mudihah: Exposing of bone. Hashimah: fracturing of a bone without displacement. Munaqqilah. By fracturing of a bone with its displacement.

Qatl (homicide) The killing of a human being by another

human being.

Types:1. Culpable (deserves blame) 2. Non-culpable ( justifiable and excusable)

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Non-culpableJustifiable homicide: Causing of death in pursuance of the law

( judicial hanging). and also killing by police during law

enforcement.

Excusable homicide: Causing of death in excusable circumstances

like in self defense.

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Isaqt-I-HamlCausing a woman with child whose organs have not been formed, to miscarry, without good faith for the purpose of saving life of the woman or providing necessary treatment.

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Isqat-I-JaninCausing a woman with child some of whose limbs or organs have been formed to miscarry, without good faith for the purpose of saving the life of the woman.

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Qatl-i-amdKilling of specific person with intention and knowledge of causing death.Qatl shibh-i-amd:Killing with intention only to harm, but the death occurs which is unlikely.

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Qatl-i-khataKilling without any intention to kill or harm but death occurs by mistake of act or fact.Qatl-bis-sabab: Killing without intention to cause harm or death, but dath occurs during the course of an unlawful act.

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