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In force2024 Revised Edition
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Chapter II · Qatl and Causing Hurt

169. Punishment of causing hurt

(1)

Any person who causes hurt to a person and it is proved in such manner as provided under section 170 is guilty of an offence and liable on conviction to qisas punishment.

(2)

Any person who —

(a)

causes hurt and it is proved by evidence other than that provided under section 170;

(b)

is not mukallaf who causes hurt;

(c)

is a mother or father who causes hurt to his own child; or

(d)

causes hurt where the part of the body for which qisas is to be imposed is not functional or otherwise incapacitated, is guilty of an offence and liable on conviction to —

(i)

payment of arsy muqaddar, and imprisonment for a term, as prescribed in Schedule 2 for committing itlaf-al-udhw or itlaf-salahiyyat-al-udhw;

(ii)

payment of arsy, and imprisonment for a term, as prescribed in Schedule 3 for committing syajjah;

(iii)

payment of arsy muqaddar, and imprisonment for a term, as prescribed in Schedule 4 for committing jurh jaefah;

(iv)

payment of arsy ghairu muqaddar, and imprisonment for a term, as specified by the Court as prescribed in

Schedule 4 for committing jurh ghairu jaefah; or

(v)

payment of arsy ghairu muqaddar, and imprisonment for a term, as specified by the Court for committing hurt other than those provided under section 168(a),

(b)

, (c) and (d).

(3)

The Court may, in addition to the punishments mentioned in subsection (2)(a), (b) and (c), having regard to the facts and circumstances of the case, order the offender to pay compensation in the amount as the Court thinks fit having regard to the following —

Syariah Penal Code

(a)

the expenses incurred for the treatment of the victim;

(b)

loss or disability affecting the function or power of any part of the body;

(c)

the anguish suffered by the victim; and

(d)

any other matter as it thinks fit.

Report

Chapter III

Withdrawal of Syahadah

Chapter IV

General Offences

Part

General

Schedules