Punishment for qatl-i-khata

Whoever commits qatl-i-khata shall be liable to diyat:

Provided that, where qatl-i-khata is committed by any rash or negligent act, other than rash or negligent driving, the offender may, in addition to diyat, also be punished with imprisonment of either description for a term which may extend to five years as ta'zir.