Pakistan Penal Code, 1860 — Section 338C: Punishment for Isqat-i-janin

338C. Punishment for Isqat-i-janin.__ Whoever causes Isqat-i-janin shall be liable to

(a)one-twentieth of the diyat if the child is born dead;

(b)full diyat if the child is born alive but dies as a result of any act of the offender; and

(c)imprisonment of either description for a term which may extend to seven years as ta'zir: Provided that, if there are more than one child in the womb of the woman, the offender shall be liable to separate diyat or ta'zir, as the case may be, for every such child: Provided further that if, as a result of isqat-i-janin, any hurt is caused to the woman or she dies, the offender shall also be liable to the punishment provided for such hurt or death, as the case may be.

(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.