Hurt shall not be liable to qisas in the following cases, namely:-
(a) when the offender is a minor or insane: Provided that he shall be liable to arsh and also to ta'zir to be determined by the Court having regard to the age of offender, circumstances of the case and the nature of hurt caused;
(b) when an offender at the instance of the victim causes hurt to him: Provided that the offender may be liable to ta'zir provided for the kind of hurt caused by him;
(c) when the offender has caused itlaf-i-udw of a physically imperfect organ of the victim and the convict does not suffer from similar physical imperfection of such organ: Provided that the offender shall be liable to arsh and may also be liable to ta'zir provided for the kind of hurt caused by him; and
(d) when the organ of the offender liable to qisas is missing: Provided that the offender shall be liable to arsh and may also be liable to ta'zir provided for the kind of hurt caused by him.
Qisas is not applicable for hurt when the offender is a minor/insane, when hurt is at the victim's instance, when the victim's organ was already imperfect, or when the offender's organ is missing.