Ta'zir after waiver or compounding of right of qisas in qatl-i-amd:
Notwithstanding anything contained in Section 309 or Section 310, where all the wali do not waive or compound the right of qisas, or [if] the principle of fasad-fil-arz the Court may, [] having regard to the facts and circumstances of the case, punish an offender against whom the right of qisas has been waived or compounded with [death or imprisonment for life or] imprisonment of either description for a term of which may extend to fourteen years as ta'zir :]
[ Provided that if the offence has been committed in the name or on the pretext of honour, the imprisonment shall not be less than ten years. ]
Provided that if the offence has been committed in the name or on the pretext of honour, the imprisonment shall not be less than ten years.
Explanation: For the purpose of this section, the expression fasad-fil-arz shall include the past conduct of the offender, or whether he has any previous convictions, or the brutal or shocking manner in which the offence has been committed which is outrageous to the public conscience, or if the offender is considered a potential danger to the community [, or if the offence has been committed in the name or on the pretext of honour]
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