CHAPTER III
OF PUNISHMENTS.

[53. Punishments: The punishments to which offenders are liable under the
provisions of this Code are:
Firstly, . Qisas;
Secondly, Diyat;
Thirdly, Arsh;
Fourthly, Daman;
Fifthly, Ta'zir;
Sixthly, Death;-
Seventhly, Imprisonment for life
Eighthly, Imprisonment which is of two descriptions, namely:--
,(i) Rigorous, i.e., with hard labour;
(ii) Simple;
Ninthly, Forfeiture of property;
Tenthly, Fine]
Section 53 subs. by the Criminal Law (Amendment) Act, II of 1997
54. Commutation of sentence of death : In every case in which sentence of death shall
have been passed the Federal Government or the Provincial Government of the
Province within which the offender shall have been sentenced may, without the consent of
the offender, commute the punishment for any other punishment provided by this Code:
[Provided, that, in a case in which sentence of death shall have been passed against an
offender convicted for an offence of qatl, such sentence shall not be commuted without
the consent of the heirs of the victim].
Proviso added by the Criminal Law (Amendment) Act, II of 1997
55. Commutation of sentence of imprisonment for life : In every case in which
sentence of imprisonment for life shall have been passed, the Provincial Government of
the Province within which the offender, shall have been sentenced may, without the
consent of the offender, commute the punishment for imprisonment of either description
for a term not exceeding fourteen years:
Provided that, in a case in which sentence of imprisonment for life shall have been passed
against an offender convicted for an offence punishable under Chapter XVI, such
punishment shall not be commuted without the consent of the victim or, as the case may
be, of his heirs.
Proviso added by the Criminal Law (Amendment) Act, II of 1997
55-A. Saving for President prerogative : Nothing in Section fifty-four or Section fifty-five
shall derogate from the right of the President to grant pardons, reprieves, respites or
remissions of punishment:

Provided that such right shall not without the consent of the victim or, as the case may be.
of the heirs of the victim, be exercised for any sentence awarded under Chapter XVI],
Section 55-A and proviso ins. by A.O., 1937.
56. Sentence of Europeans and Americans to penal servitude: [Rep. by the Criminal Law
(Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), Schedule.]
57. Fractions of terms of punishment: In calculating fractions of terms of punishment,
imprisonment for life shall be reckoned as equivalent to imprisonment for twenty-five
years.
58. Offenders sentenced to transportation how dealt with until, transported: [Omitted by
the Law Reforms Ordinance, XII of 1972, S. 2].
59. Transportation instead of imprisonment: [Omitted by the Law Reforms Ordinance, XII
of 1972, S. 2].
60. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or
simple: In every case in which an offender is punishable with imprisonment which may be
of either description, it shall be competent to the Court which sentences such offender to
direct in the sentence that such imprisonment shall be wholly rigorous, or that such
imprisonment shall be wholly simple, or that any part of such imprisonment shall be
rigorous and the rest simple.
61. Sentence of forfeiture of property: [Repealed by .the Penal Code (Amendment) Act,
XVI of 1921, S. 4].
62. Forfeiture of property, in respect of offenders punishable with death, transportation or
imprisonment : [Repealed by the Penal Code (Amendment) Ad, XVf of 1921, S. 4].
63. Amount of fine: Where no sum is expressed to which a fine may extend, the amount
of fine to which the offender is liable is unlimited, but shall not be excessive.
64. Sentence of imprisonment for non-payment of fine: In every case of an offence
punishable with imprisonment as well. as fine, in which the offender is sentenced to a fine,
whether with or without imprisonment, and in every case of an offence punishable with
imprisonment or fine, or with fine only, in which the offender is sentenced to a fine, it shall
be competent to the Court which sentences such offender to direct by the sentence that,
in default of payment of the fine, the offender, shall suffer imprisonment for a certain term,
which imprisonment shall be. in excess of any other imprisonment to which he may have
been sentenced or to which he may be liable under a commutation of a sentence.
65. Limit to imprisonment for non-payment of fine when imprisonment and fine
awardable: The term for which the Court directs the offender to be imprisoned in
default of payment of a fine shall, not exceed one-fourth of the term of imprisonment,
which is the maximum fixed for the offence, if the offence be punishable with
imprisonment as well as fine.

66. Description of imprisonment for non-payment of fine : The imprisonment which
the Court imposes in default of payment of a fine may be of any description to which the
offender might have been sentenced for the offence.
67. Imprisonment for non-payment of fine When offence punishable with fine only: If
the offence be punishable with fine only: the imprisonment which the Court
imposes in default of payment of the fine shall be simple, and the term for which the Court
directs the offender to be imprisoned, in default of payment of fine, shall not exceed the
following scale that is to say, for any term not exceeding two months when the amount of
the fine shall not exceed fifty rupees, and for any term not exceeding four months when
the amount shall not exceed, one hundred rupees, and for any term not exceeding six
months in any other case.
68. Imprisonment to terminate on payment of fine: The imprisonment which is imposed
in default of payment of a fine shall terminate whenever that fine is either paid or levied by
process of law.
69. Termination of imprisonment on payment of proportional part of fine: If, before
the expiration of the term of imprisonment fixed in default of payment, such a proportion
of the fine be paid or levied that the term of imprisonment suffered in default of payment is
not less than proportional to the part of the fine still unpaid, the imprisonment shall
terminate.
Illustration
A is sentenced to fine of one hundred rupees and to four months, imprisonment in default
of payment. Here, seventy-five rupees of the fine be paid or levied before the expiration of
one month of the imprisonment. A will be discharged as soon as the first month has
expired, if seventy-five rupees be paid or levied at the time of the expiration of the first
month, or at any later time while .A continues imprisonment. A will be immediately
discharged, if fifty rupees of the fine be paid or levied before the expiration of two months
of the imprisonment, A will be discharged as soon as the two months are completed, if fifty
rupees be paid or levied at the time of the expiration of those two months, or at any later
time while A continues in imprisonment, A will be immediately discharged.
70. Fine leviable within six years, or during imprisonment-Death not to discharge
property from liability : The fine or any part thereof which remains unpaid, may be levied
at any time within six years after the passing of the sentence/and if, under the sentence,
the offender be liable to imprisonment for a longer period than six years, then at any time
previous to the expiration of that period; and the death of the offender dose not discharge
from the liability any property which would, after his death, be legally liable for his debts.
71. Limit of punishment of offence made up of several offences: where anything
which is an offence is made up of parts, any of which parts is itself an offence, the
offender shall not be punished with the punishment of more than one of such his offences,
unless it be so expressly provided.

Where anything Is an offence falling within two or more separate definitions of any
law in force for the time being by which offences are defined or punished, or
Where several acts, of which one or more than one would by itself or themselves
constitute an offence, constitute, when combined, a different offence, the offender shall
not be punished with a more severe punishment than the Court which tries him could
award for any one of such offence.
Illustrations
(a) A gives Z fifty strokes with a stick. Here A may have committed the offence of
voluntarily causing hurt to Z by the whole beating, and also by each of the blows which
makes up the whole beating. If were liable to punishment for every blow, they might be
imprisoned for fifty years, one for each blow. But he is liable only to one punishment for
the whole beating.
(b) But if, while A is beating Z, Y interferes, and A intentionally strikes Y, here as the blow
given to Y is no part of the act whereby A voluntarily cause hurt to Z, A is liable to one
punishment, for voluntarily causing hurt to Z, and to another for the blow given to Y.
72. Punishment of person guilty of one of several offences, the judgment stating
that it is doubtful of which: In all cases in which judgment is given that a person is
guilty of one of several offences specified in the judgment, but that it is doubtful of which of
these offences he is guilty, the offender shall be punished for the offence for which the
lowest punishment is provided if the same punishment is not provided, for all.
73. Solitary confinement: Whenever any person is convicted of an offence for which
under this Code the Court has power to sentence him to rigorous imprisonment, ,the Court
may, by its sentence, order that the offender shall be kept in solitary confinement for any
portion or portions of the imprisonment to which he is sentenced, not exceeding three
months in the whole, according to the following scale, that is to say"
a time not exceeding one month if the term of imprisonment shall not exceed six months;
a time not exceeding two months if the term of imprisonment shall exceed six months and
shall not exceed one year;
a time not exceeding three months if the term of imprisonment shall exceed one year.
74. Limit of solitary confinement: in executing a sentence of solitary confinement, such
confinement shall in no case exceed fourteen days at a time, with intervals between the
period of solitary confinement of not less duration than such periods, and when the
imprisonment awarded shall exceed three months, the solitary confinement shall not
exceed seven days in any one month of the whole imprisonment awarded, with intervals
between the periods of solitary confinement of not less -duration than such periods.

75. Enhanced punishment for certain offenders under Chapter XII or Chapter XVII
after previous conviction : Whoever, having been convicted"
(a) by a Court in Pakistan of an offence punishable under Chapter XII or Chapter XVII of
this Code with imprisonment of either description for a term of three years or upwards, or
(b) [Omitted by thQ Federal Laws (Revision and Declaration), Ordinance, XXV// of 1981].
shall be guilty of any offence punishable under either of those Chapters with the
imprisonment for the like term, shall be subject for every such subsequent offence to
imprisonment for life, or to imprisonment of either description for a term which may extend
to ten years.