09/08/2026
2025 SCMR 776
It would be relevant to mention here that it is now well settled that the share of minor legal heirs in Diyat shall remain protected under all circumstances, regardless of whether a compromise has been reached by all legal heirs of the deceased.
So far as the issue of inability of convict to pay the amount of Diyat due to weak financial resources is concerned, in the case of Government of Punjab v. Abid Hussain (PLD 2007 SC 315) this Court issued directions to the Federal Government to frame rules on this matter. Consequently, the Rules i.e. Diyat, Arsh and Daman Fund Rules, 2007, were framed by the Federal Government under the mandate of section 338-G PPC.
These rules provide four types of remedies for convicts/inmates unable to pay the amounts of Diyat, Arsh or Daman subject to the terms and conditions specified therein, namely;
(i) provisions of Soft Loans,
(ii) grant out of the Fund,
(iii) release on Parole, and
(iv) facilitation for Jobs.
In such view of the mater, the petitioner is at liberty to approach the administrative committee constituted under the Rules for the management of the Fund. Similarly, the petitioner can also approach the Trial Court under section 331 PPC for payment of Diyat amount in installments.
Crl.M.A.714/2023
Tanvir Hussain v. The State