Page:Syariah Penal Code Order, 2013.pdf/80

BRUNEI DARUSSALAM GOVERNMENT GAZETTE Punishment of arsy ghairu muqaddar.

176. Any person who causes hurt to a person against whom qisas or arsy muqaddar punishment cannot be executed shall be liable to arsy ghairu muqaddar punishment.

Explanation—The determination of the value of arsy ghairu muqaddar is based on the assessment made by the Court.

Determination of value of arsy ghairu muqaddar.

177. The value of arsy ghairu muqaddar may be determined by the Court having regard to the following—
 * (a) the expenses incurred on the treatment of the victim;
 * (b) loss or disability affecting the function or power of any part of the body;
 * (c) the anguish suffered by the victim; and
 * (d) any other matter as it thinks fit.

Recovery of arsy muqaddar or arsy ghairu muqaddar.

178. (1) If an offender fails to pay arsy muqaddar or arsy ghairu muqaddar any part thereof within the period specified, it shall be recovered from him and he shall be detained until such arsy muqaddar or arsy ghairu muqaddar is paid in full to the victim or his wali.

(2) If the offender dies before his payment of arsy muqaddar or arsy ghairu muqaddar or any part thereof, it shall be recovered from his estate.

Punishment for hurt by rash or negligent act.

179. Any person who commits hurt to another person by rash or negligent act is guilty of an offence and shall be liable on conviction to payment of arsy muqaddar or arsy ghairu muqaddar, as the case may be, and to imprisonment for a term not exceeding 5 years.

Punishment for hurt by mistake.

180. Any person who commits hurt to another person by mistake is guilty of an offence and shall be liable on conviction to payment of arsy muqaddar or arsy ghairu muqaddar, as the case may be. 1740