India and Pakistan owe their Criminal Justice system to a common origin, though with time many variations have got introduced. One of these relate to the different punishments provided in the two countries. Here I present the situation as prevalent in the Statute books of the two countries.
Comparative presentation of the punishments as per the Indian Penal Code (Central Act 45 of 1860 and Pakistan Penal Code (again Act 45 of 1860)-
Section 53. Punishment
The punishments to which offenders are liable under the provisions of this Code are-
Secondly-Imprisonment for life;
Fourthly-Imprisonment, which is of two descriptions, namely: -
(1) Rigorous, that is ,with hard labour;
Fifthly:-Forfeiture of property ;
2. Clause "Thirdly" omitted by Act 17 of 1949, sec.2 (w.e.f.6-4-1949).
The punishments to which offenders are liable under the provisions of this Code are:
[Note- Qisas is an Islamic term meaning retaliation, similar to the biblical principle of an eye for an eye]
[Note- Diyya (plural: Diyyat is compensation paid to the heirs of a victim. In Arabic the word means both blood money and ransom]
[Note-compensation for hurting human organ]
[Note-It means compensation determined by court to be paid by the offender to the victim for causing hurt not liable to Arsh.]
[Note- It refers to punishment, usually corporal, that can be administered at the discretion of the judge, as opposed to the hudud, the punishments for certain offenses that are fixed by the Qur'an].
Seventhly, Imprisonment for life;
Eighthly, Imprisonment which is of two descriptions, namely:--
(i) Rigorous, i.e., with hard labour;
Ninthly, Forfeiture of property;
Thus so much of similarities and many differences as well.
Currently at IIM Lucknow