Page:Syariah Penal Code Order, 2013.pdf/78

BRUNEI DARUSSALAM GOVERNMENT GAZETTE Cases in which qisas punishment not enforced.

171. The punishment of qisas shall not be enforced in the following cases—
 * (a) when the offender who has committed the offence of qisas is dead;
 * (b) when the part of the body for which qisas punishment is to be imposed is not functional or otherwise incapacitated;
 * (c) when pardon is given by the victim or his wali; or
 * (d) when sulh between the victim and the offender has been made.

Power of Court to determine hurt liable to qisas or otherwise.

172. The Court shall, in consultation with a Government medical practitioner, determine whether a hurt caused is liable to qisas or otherwise.

Pardon in respect of hurt.

173. (1) In the case of hurt, a victim who is mukallaf may, before execution of the punishment, pardon qisas on the offender whether with or without arsy.

(2) If the victim is not mukallaf, his wali may pardon qisas of the offender with arsy.

(3) If His Majesty the Sultan and Yang Di-Pertuan becomes wali, His Majesty the Sultan and Yang Di-Pertuan may pardon qisas of the offender with arsy.

(4) If there are more than one victim, the pardon of qisas by one of the victims or his wali shall not affect the right of qisas of the other victims or his wali. Illustration A caused hurt to B and C and A has been convicted of the offence and liable to qisas punishment. B or his wali has pardoned A but C or his wali does not. A shall remain liable to qisas punishment because C or his wali does not pardon him although B or his wali does.

(5) If there are more than one offender, the pardon of qisas on any one offender shall not affect the right of qisas on the other offender. Illustration A and B caused hurt to C and A and B have been convicted of the offence and liable to qisas punishment. C or his wali has pardoned A but does not pardon B. A shall not be 1738