Page:Syariah Penal Code Order, 2013.pdf/70

BRUNEI DARUSSALAM GOVERNMENT GAZETTE Proof of qatlul-khata ' .

148. (1) Qatlul-khata '  which is liable to diyat shall be proved in· the following manner—
 * (a) ikrar of an accused who confesses with his consent before a Court of competent jurisdiction;
 * (b) syahadah of two male syahid;
 * (c) syahadah of one male syahid and two female syahid; or
 * (d) syahadah of one male syahid and oath of the complainant.

(2) For the purposes of subsection (1)(b), (c) and (d), syahadah shall be made in accordance with Hukum Syara' after the Court is satisfied having regard to the requirements of tazkiyah al syuhud.

Pardon of diyat in qatlul-khata ' .

149. Wali-ad-dam of the victim in the case of qatlul-khata '  may pardon diyat or any part thereof.

Acquittal or punishment after pardon of diyat.

150. The Court may, in the case of pardon of diyat as provided under section 149, in its discretion, having regard to the facts and circumstances of the case, acquit the offender against whom diyat has been pardoned, or punishes him with imprisonment for a term not exceeding 5 years. Qatl by black magic Black magic.

151. (1) For the purposes of sections 152, 153 and 154, "black magic" means knot, spell, chants, words, or specific expression or special names spoken or written or doing any act with evil purposes which has the implication and the effect, in the ordinary course of nature, to cause harm to the body, heart or mind of the person; usually the person who practices black magic befriends, or asks for or seeks help from, Iblis, satan, jinn, evil spirits, spirits, ghosts and the like.

(2) In this section, "knot" means an art or method to tie any matter used to practice black magic such as by using rope, thread, cloth etc. 1730