Page:Syariah Penal Code Order, 2013.pdf/62

BRUNEI DARUSSALAM GOVERNMENT GAZETTE (2) For the purposes of this Order, qatl consists of three kinds—
 * (a) qatlul-'amd;
 * (b) qatlu syibhil-'amd; and
 * (c) qatlul-khata'.

Qatlu.l-'amd.

125. For the purposes of this Order, "qatlul-'amd" means any of the following acts—
 * (a) the act which causes death is committed with the intention of causing death;
 * (b) the act is committed with the intention of causing bodily h?rm which he knows may cause death to the injured person; or
 * (c) the act is committed with the intention of causing bodily harm to a person and the bodily harm meant to be inflicted in the ordinary course of nature is sufficient to cause death.

Illustrations
 * (a) A shoots B with the intention of killing him. B dies in consequence of the shooting. A commits the offence of qatlul-'amd.
 * (b) A knowing that B is suffering from a disease that a blow is likely to cause his death, A strikes him with the intention of causing bodily harm. B dies in consequence of the blow. A is guilty of qatlul-'amd although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that B is suffering from any disease, gives him such a blow as in the ordinary course of nature would not kill a person in a sound state of health, here A, although he may intend to cause bodily harm, is not guilty of qatlul-'amd, if he did not intend to cause death, or such bodily harm as in the ordinary course of nature would cause death.
 * (c) A intentionally wounded B with a sword or an object which in the ordinary course of nature is sufficient to cause the death of a person. B dies in consequence. Here A has committed the offence of qatlul-'amd, although he may not have intended to cause B' s death.

Punishment for qatlul-'amd.

126. (1) Any person who commits qatlul-'amd and it is proved either by ikrar of the accused or syahadah of at least two syahid according to Hukum Syara '  after the Court is satisfied having regard to the requirements of tazkiyah ai syuhud, is guilty of an offence and shall be liable on conviction to death as qisas. 1722