Page:Syariah Penal Code Order, 2013.pdf/66

BRUNEI DARUSSALAM GOVERNMENT GAZETTE Compound of qisas.

134. (1) In the case of qatlul-'amd, a wali-ad-dam who is mukallaf may compound qisas with badal-al-sulh and such compound shall be made after receiving badal-al-sulh with an amount which may be less or more than the value of full diyat.

(2) If a wali-ad-dam is not mukallaf, his wali may compound qisas with badal-al-sulh and such compound shall be made after receiving badal-al-sulh with an amount which shall be the same as the value of full diyat.

(3) If His Majesty the Sultan and Yang Di-Pertuan becomes wali, His Majesty the Sultan and Yang Di-Pertuan may compound qisas with badal-al-sulh and such compound shall be made after receiving badal-al-sulh with an amount which shall be the same as the value of full diyat.

(4) Any compound of qisas in qatlul-'amd shall be made before the Court and after the Court is satisfied with regards to it, the Court shall confirm it.

(5) Badal-al-sulh may be paid or given on demand by cash or on a fixed date as may be agreed upon between the offender and the wali-ad-dam of the victim.

Acquittal or punishment after pardon or compound of qisas.

135. The Court may, in the case of pardon or compound of qisas as provided in sections 133 and 134, as the case may be, in its discretion, having regard to the facts and circumstances of the case, acquits the offender against whom qisas has been pardoned or compound, or punishes him with imprisonment for a term not exceeding 15 years. Illustration A has caused B ' s death and has been convicted with the offence of qatlul-'amd and punished with qisas. B ' s wali-ad-dam or wali has pardoned A. Even though qisas punishment is not executed on A, the Court has a discretion to punish A with imprisonment for a term not exceeding 5 years having regards to the circumstances of the case where A has committed cruelty against B before killing him.

Commission of qatlul-'amd by wali-ad-dam after pardon or compound of qisas.

136. If a wali-ad-dam commits qatlul-'amd on the offender against whom qisas has been pardoned under section 133 or compound under section 134, such wali-ad-dam shall be punished with—
 * (a) qisas if he had himself pardoned or compound qisas on the offender or he had knowledge of such pardon or compound of qisas by other wali-ad-dam;

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