PPC § 338E — Waiver or compounding of offences

Statutory text (English)

(1) Subject to the provisions of this Chapter and
section 345 of the Code of Criminal Procedure, 1898 (V of 1898), all offences under this Chapter may
be waived or compounded and the provisions of sections 309 1[,310 and 311] shall, mutatis mutandis,
apply to the waiver or compounding of such offences:

Provided that, where an offence has been waived or compounded, the court may, in its
discretion having regard to the facts and circumstances of the case, acquit or award ta’zir to the
offender according to the nature of the offence 2[:]
1[
Provided further that where an offence under this Chapter has been committed and the
principle of fasad-fil-arz is attracted, the court having regard to the facts and circumstances of the case
shall punish an offender with imprisonment or fine as provided for that offence.]

(2) All questions relating to waiver or compounding of an offence or awarding of
punishment under section 310, whether before or after the passing of any sentence, shall be determined
by trial court:

Provided that where the sentence of qisas or any other sentence is waived or compounded
during the pendency of an appeal, such questions may be determined by the appellate court.

Source and verification

Source citation: PPC (Act XLV of 1860) s.338E: Pakistan Code portal consolidated official PDF 'THE PAKISTAN PENAL CODE' (Act No. XLV of 1860), p. 123, 124, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 123, 124) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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