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The Penal Code, 1860 225 226 The Penal Code, 1860

1
Legal History of Bangladesh: Criminal Law
THE PENAL CODE, 1860 The Indian subcontinent, comprising of Bangladesh, India and
Pakistan, has a long history of the use of capital punishment. A stay in
Definition of Crime this form of punishment came at the time of Emperor Ashoka, who
Many prominent jurists have made attempts to define Crime. preached peace, Buddhism and non-violence during the 2nd century
BC. During his reign, capital punishment was banned. However, this
1. Sir William Blackstone all changed after his reign ended and by the end of the 15 TH century
In his 'Commentaries on Law of England', Sir William BC the states that made up India were wrought with warfare and
Blackstone defined Crime as "an act committed or omitted in intrigue and capital punishment was extremely common 2. During the
violation of Public Law forbidding or commanding it". Moghul era in the early 16TH century, capital punishment was retained
as the highest form of punishment and connected with class and caste.
2. Sir James Stephen A Chinese visitor to India in the 5th century BC observed that a Sudra 3
"Crime is an act forbidden by law and revolting to the moral who insulted a Bhramin faced death whereas a Bhramin who killed a
sentiments of the society". Sudra was given a light penalty, such as a fine – the same penalty he
3. Kenny might have incurred if he had killed a dog.4
The present legal and judicial system of Bangladesh owes its origin
"Crimes are wrongs whose sanction is punitive and in no way mainly to two hundred years British rule in the Indian sub-continent
remissible by an private person, but is remissble by the Crown although some elements of it are remnants of Pre-British period
alone, if remissible at all" tracing back to Hindu and Muslim administration. The legal system of
4. Stephen the present day emanates from a mixed system which has structure,
legal principles and concepts modeled on both Indo-Mughal and
"Crime is an act which is forbidden by law and revolting to English law. The Indian sub-continent has a history of over five
the moral sentiments of the society". hundred years with Hindu and Muslim periods which preceded the
5. Paul W. Tappen British period, and each of these early periods had a distinctive legal
system of its own. The ancient India was divided into several
"An intentional act or omission in violation of criminal law,
independent States and the king was the supreme authority of each
committed, without defense or justification and sanctioned by State. So far as the administration of justice was concerned, the king
law as felony or misdemeanor." was considered to be the fountain of justice and was entrusted with the
6. Elliot and Merill supreme authority of administration of justice in his kingdom. The
A crime ipso facto implies a disturbance in a social Muslim period Starts with the invasion of the Muslim rulers in the
Indian sub-continent in 1100 A.D. The Hindu Kingdoms began to
relationship and a social definition as to what such disturbance
disintegrate gradually with the invasion of Muslim rulers at the end of
is. eleventh and at the beginning of twelfth century. When the Muslims
7. Barners and Teeters
1
BANGLADESH: Criminal justice through the prism of capital punishment and the fight against
The term crime technically means a form of anti-social terrorism (Odhikar)
behavior that has violated public sentiment to such an extent as 2
For more information see Johnson, David T. and Zimrig, Franklin. The Next Frontier: National
to be forbidden by statute. Development, Political Change and the Death Penalty in Asia. Oxford University Press 2009.
3
A lower Hindu caste. Bhramins are the highest caste.
4
For more information see Johnson, David T. and Zimrig, Franklin. The Next Frontier: National
Development, Political Change and the Death Penalty in Asia. Oxford University Press 2009.
The Penal Code, 1860 225 226 The Penal Code, 1860
conquered all the states, they brought with them the theory based on Babington Macaulay. The second Commission was established in
the Holy Quran. According to the Holy Quran, sovereignty lies in the England in 1853. One of the controversial issues during the period was
hand of Almighty Allah.5 the separate dispensation provided to European subjects in India and
the Indians. They came under the jurisdiction of separate sets of courts
The so-called ‘modernisation’ of the legal system began with the and laws. Equality of protection under the same law and a common
British and their Royal Charters. The East India Company gained judicature based on the principle of rule of law became issues of
control and was ultimately powerful enough to take part in the paramount importance. This is where Macaulay intervened. He
administration of justice with the local authorities. The Charter of defined the principle on which the codification of law must be based.
1726, issued by King George I, gave Letters Patent to the East India He defined the principle as uniformity where it was possible to
Company and was the gateway through which other legal and judicial achieve and diversity where necessary. This was the guiding principle
systems entered India from England. In 1753, another Charter was which initiated the process leading to the abolition of the dual system
issued by King George II to remove the defects of the previous of judicial administration and the establishment of a secular legal
Charter. In 1773, the House of Commons passed the Regulation Act to system.
improve the judicial system and under it, the King issued another
Charter in 1774 establishing the Supreme Court of Judicature at The process culminated, after much debate, changes and
Calcutta (now Kolkata). On 15 August 1772, Lord Hastings drew up a discussion, in the enactment of the Indian Penal Code (Act XLV of
collection of laws that became the first British Indian law code in 1860) and the Criminal Procedure Code (Act XXV of 1898). These
Bengal, Bihar and Orissa. The code contained 37 sections addressing two Codes laid the foundation of criminal law in British India. After
both civil and criminal law and a new system of courts took over from 1947(the partition of India and Pakistan), the title of the Indian Penal
the slowly defunct Moghul ones. The new court system provided for Code was changed to that of the Pakistan Penal Code. Similarly, after
separate civil (dewani) and criminal (fowjdari) courts. In 1801, 1971 (the independence of Bangladesh from Pakistan), the Pakistan
another Supreme Court was established in Madras and one in Bombay Penal Code came to be known simply as the ‘Penal Code’ in
in 1824. independent Bangladesh. Except for the changes in title the Penal
Code more or less remained an immutable document with only minor
Between the 1790’s and the 1820’s, the East India Company modifications. The same can be said of the Code of Criminal
promulgated the largest number of Regulations that brought about Procedure1898.
changes in the criminal justice system in the sub continent. In 1853,
the Law Commission was established in India and the British Crown
replaced the East India Company in 1859. The Penal Code was
enacted in 1860, followed by the Criminal Procedure Code 1898,
following the efforts of Lord Macaulay, an English lawyer, in bringing
together the ‘native’ and British systems into a single criminal law.
With them, laws such as the Code of Civil Procedure 1908 and The
Evidence Act 1872, were also enacted.

It took nearly three decades to give final shape to the codification


of criminal law in British India. This codification is the result of the
strenuous effort of two law commissions. The first of these
commissions was established in 1837 in India and was led by Thomas
5
www.bangladesh.gov.bd/index.php?option=com_content&task=view&id=58&Itemid=137.
The Penal Code, 1860 225 226 The Penal Code, 1860
Classification of offences under the code Offences against Public
The Penal Code, 1860, covers large types of Offences and Justice
they are classified into following types:
THE PENAL CODE, 1860 (Sections 1 to 511) Of Offences relating to coin
Chapter XII Sections 230 to 263
and Government Stamps
Chapter Sections Covered Classification of Offences
Of Offences relating to
Chapter XIII Sections 264 to 267
Chapter I Sections 1 to 5 Introduction Weight and Measures

Chapter II Sections 6 to 52 General Explanations Of Offences affecting the


Public Health, Safety,
Chapter XIV Sections 268 to 294
Chapter III Sections 53 to 75 of Punishments Convenience, Decency and
Morals
General Exceptions
Chapter IV Sections 76 to 106 Of Offences relating to
of the Right of Private Chapter XV Sections 295 to 298
Religion
Defence (Sections 96 to 106)
Chapter XVI Sections 299 to 377 Of Offences affecting the
Chapter V Sections 107 to 120 Of Abetment Human Body
Sections 120A to Criminal Conspiracy 1. Of Offences
Chapter VA Affecting Life including
120B Added in 1913
murder, culpable
Chapter VI Sections 121 to 130 Of Offences against the State homicide (Sections 299
to 311)
Of Offences relating to the 2. Of the Causing of
Army, Navy and Air Force Miscarriage, of Injuries
Chapter VII Sections 131 to 140 to Unborn Children, of
Navy and Air Force: Added
in 1927 the Exposure of Infants,
and of the Concealment
Of Offences against the of Births (Sections 312
Chapter VIII Sections 141 to 160 to 318)
Public Tranquillity
3. Of Hurt (Sections
Of Offences by or relating to 319 to 338)
Chapter IX Sections 161 to 171
Public Servants
4. Of Wrongful
Of Contempts of Lawful Restraint and Wrongful
Chapter X Sections 172 to 190 Confinement (Sections
Authority of Public Servants
339 to 348)
Chapter XI Sections 191 to 229 Of False Evidence and 5. Of Criminal Force
The Penal Code, 1860 225 226 The Penal Code, 1860

and Assault (Sections Property (Sections 421


349 to 358) to 424)
6. Of Kidnapping, 9. Of Mischief
Abduction, Slavery and (Sections 425 to 440)
Forced Labour (Sections 10. Of Criminal Trespass
359 to 374) (Sections 441 to 462)
7. Sexual Offences
including rape(Sections Of Offences relating to
375 to 376) Documents and Property
Marks
8. Of Unnatural
Offences (Section 377) 1. Of Property and
Other Marks (Sections
Chapter XVII Sections 378 to 462 Of Offences Against Chapter XVIII Sections 463 to 489 478 to 489)
Property 2. Of Currency Notes
1. Of Theft (Sections and Bank Notes
378 to 382) (Sections 489A to
2. Of Extortion 489E)
(Sections 383 to 389) Added in 1958
3. Of Robbery and
Of the Criminal Breach of
Dacoity (Sections 390 to Chapter XIX Sections 490 to 492
Contracts of Service
402)
4. Of Criminal Of Offences Relating to
Misappropriation of Chapter XX Sections 493 to 498
Marriage
Property (Sections 403
to 404) Chapter XXI Sections 499 to 502 Of Defamation
5. Of Criminal Breach
Of Criminal intimidation,
of Trust (Sections 405 to Chapter XXII Sections 503 to 510
Insult and Annoyance
409)
6. Of the Receiving of Of Attempts to Commit
Chapter XXIII Section 511
Stolen Property Offences
(Sections 410 to 414) 6
History of Criminal Law in India and Pakistan.Under the
7. Of Cheating (Section Moghul rule the Muslim Criminal law was administered by the Kazis
415 to 420) in the Courts of the country. The Quran was the repository of both
8. Of Fraudulent Deeds Civil and Criminal law.
and Disposition of 6
Lectures on The Penal Code with Leading Cases. Sixth Edition: January 2013. Dr. L. Kabir;
The Penal Code, 1860 225 226 The Penal Code, 1860
The English came to India for the purpose of trade and commerce. of Dewam included not only the holding of Dewani Courts, but the
When they were very successful Queen Elizabeth granted, in 1600, a Nizamat also, ie, the right of super-intending the whole administration
Charter incorporating the East India Company. The Charter gave the in Bengal, Bihar and Orissa.
Company exclusive right of trading to all parts of Asia, Aftica and In 1772, Warren Hastings took steps for proper administration of
America. It also empowered the Company to make laws. In 1609, Criminal justice. A Fouzdari Adalat was established in each district for
James I renewed the Charter, and in 1661 Charles I gave similar the trial of criminal offences. With these Courts the Company’s
powers while renewing it. European subjects had no connection, nor did they interfere with their
The Charter of 1668 vested the management of Bombay in the administration. The Kazi or Mufti presided over these Courts. In
East India Company which regulated the proceedings of the Court on addition to the district Courts a Sudder Nizamat Adalat was also
the line of English Courts. The Court of Judicature was established in established. This Court heard appeals against the decision of the
1672. It sat once a month for its general sessions and any cases that district Courts. The officers presiding over these Courts were assisted
remained indisposed of were adjourned to “Petty Sessions’’ which by Muslim Law Officers. The scheme of justice adopted by Warren
were held after general sessions. This Court inflicted punishment of Hastings had two main features. First, he did not apply the English law
slavery in cases of theft and robbery. In ordinary cases of theft the to the Indian provinces; and, secondly, Hindu and Muslim laws were
offender had to pay monetary compensation, or else he was forced to treated equally. The administration of Criminal justice remained in the
work for the owner of the article stolen. hands of Nawabs, and therefore, Muslim criminal law remained in
In 1683, Charles II granted a further Charter for establishing a force. These were the Courts in the Capital. In the rest of the country
Court of Judicature at such places as the Company might decide. In the administration of justice was in the hands of the zemindars. In
1687, another Charter was granted by which a Mayor and Corporation Bengal and Madras, Muslim criminal law was in force. In the Bombay
were established at Fort St. George, Madras, in order to settle small Presidency, Hindu criminal law applied to the Hindus, and Muslim
disputes. By these Charters Englishmen who came to India were criminal law to the Muslims. The Hindu criminal law was a system of
entrusted with the administration of both civil and criminal justice. In despotism and priest craft. It did not put all men on equal footing in
these Courts the powers exercised by the authorities were very the eye of law, and the punishments were discriminatory.
arbitrary. Strange charges were framed and strange punishments were In 1773, the Regulating Act was passed which affected the
inflicted. administration of criminal justice. Under that Act a Governor General
In 1726, the Court of Directors made a representation to the was appointed and he was to be assisted by four Councilors. A
Crown for proper administration of justice in India in Civil and Supreme Court of Judicature was established at Fort William, Bengal
Criminal matters. Thereupon, Mayors’ Courts were established for which took cognizance of all matters, civil, criminal, admiralty, and
proper administration of justice. But the laws administered were ecclesiastical. An appeal against the judgment of the Supreme Court
arbitrary because the Mayor and Aldermen were the Company’s lay to the King-in-Council. All offences which were to be tried by the
mercantile servants, and they possessed very little legal knowledge. Supreme Court were to be tried by a jury of British subjects resident in
The law that was administered did not suit to the social conditions of Calcutta. Any crime committed either by the Governor-General, a
cither the Muslims of the Hindus. Governor, or a Judge of the Supreme Court, was triable by the King’s
In 1753, another Charter was passed under which Mayors were not Bench in England. The Charter of Justice that laid the foundations of
empowered to try suits between the Indians; and no person was the jurisdiction of the Supreme Court was dated March 26, 1774 and
entitled to sit as a judge who had an interest in the suit. English law the justice administered in Calcutta remained so until the
was no more applicable to the Indians, and they were left to be establishment of the High Court under the Act of 1861.
governed by their own laws and customs. In 1781, an Amending Act was passed to remedy the defects of the
In 1765, Lord Clive came to India for the third time and succeeded Regulating Act. The Act expressly laid down and defined the powers
in obtaining the grant of Dewani from the Moghul Emperor. The grant of the Governor-General in Council to constitute provincial Courts of
The Penal Code, 1860 225 226 The Penal Code, 1860
justice and to appoint a Committee to hear appeals therefrom. The Madras 250 Regulations were passed from 1800 to 1834; and in
Governor-General was empowered to frame regulations for the Bombay 259 Regulations were passed during the same period.
guidance of these Courts. The Muslim Criminal law was then In 1833, Macaulay moved the House of Commons to codify the
applicable both to the Hindus and the Muslims in Bengal. whole criminal law in India and to bring about uniformity. He told the
In 1793, towards the close of Lord Cornwallis’ Governor- House of Commons that the Muslims were governed by the Koran and
Generalship, fresh steps were taken to review the Company’s Charter. in the Bombay Presidency the Hindus were governed by the Institutes
Accordingly, the Act of 1793, which consolidated and repealed certain of Manu. Pandits and Kizis were to be consulted on points of law, and
previous measures, was passed. in certain respects, the decisions of the Courts were arbitrary. Thus the
In the mofussil towns in Bengal the law officers of the Zilla and year 1833 is a great landmark in the histouy of codification in India.
City Courts, who were Sudder Ameens and principal Sudder Ameens, The Charter Act of 1833 introduced a single Legislature of the whole
were given limited powers in criminal cases. They used to decide of British India. The Legislature had power to legislate for the Hindus
petty theft cases and criminal offences. They could fine up to Rs. 50 and the Muslims alike for Presidency towns as well as for mofussil
and award imprisonment, with or without labour, for one month only. areas.
An appeal from their decision lay to the Magistrate or Joint Accordingly, the first Indian Law Commission was constituted of
Magistrate. Offences for which severe punishment was prescribed which Mr. (afterwards Lord) Macaulay was the President and
were tried by Magistrates, who were empowered to inflict Macleod, Anderson, and Millet were the Commissioners. They were
imprisonment extending to two years with or without hard labour. given the responsibility to prepare a draft of the Penal Code. In
There were also Assistant Magistrates and Deputy Magistrates but preparing this code they drew largely from the English and the Indian
they had not full magisterial powers. Offences requiring heavier laws and regulations and from Livingstone’s Code of Louisiana and
punishment were transferred to the Sessions Judge. Death sentence the Napoleon Code. The draft code was submitted to the Governor-
and life imprisonment, awarded by the Sessions Judges, were subject General in Council on October 14, 1837. It was circulated to the
to confirmation by the Nizamat Adalat. An appeal from the decisions Judges and the Law Advisers of the Crown. On April 26, 1845,
of the Sessions Judges lay to the Nizamat Adalat. Such was the another Commission was appointed to revise the code. This
criminal administration in Bengal up to 1833. Commission submitted its report in two parts, one in 1846 and the
In Madras, District Munsiffs had limited criminal jurisdiction. other in 1847. Subsequently, it underwent a careful revision at the
They could fine upto Rs. 200 or award imprisonment for one month. hands of Sir Barnes Peacock, then Chief Justice and other Judges of
By Regulation X of 1816, Magistrates were empowered to inflict the Calcutta High Court who were the Members of the Legislative
imprisonment for one year. There were also Sudder Ameens who tried Council. In its final shape it was presented to the Legislative Council
trivial offences. Offences of heinous nature were forwarded for trial to in 1856 and was passed on October 6, 1860. The Indian Penal Code,
the Sessions Judges. Offences against the State were referred to the (Act XLV of 1860) came into operation on the 1 st of January, 1862
Fouzdari Adalat. The Fouzdari Adalat was the Chief Criminal Court which superseded all rules, widely divergent Regulations, and orders
in the Madras Presidency, and was vested with all powers that were relating to Criminal aw in India. Though this Code is principally the
given to the Nizamat Adalat in Bengal. work of Lord Macaulay who had hardly held a brief, and whose time
The Administration of Criminal Justice in Bombay was on the was devoted to politics and literature, yet it is universally
pattern of Bengal and Madras Presidencies with certain minor acknowledged to be a monument of codification and an everlasting
changes. memorial to the high juristic attainments of its distinguished author.
The practice and procedure in Courts in Bengal, Madras and The Criminal Law of India was codified in the Indian Penal Code
Bombay were prescribed by Regulations which were passed from time and the Criminal Procedure Code. These Codes were adopted in
to time. In Bengal 675 Regulations were passed from 1793 to 1834; In Pakistan after Independence in August 1917.
The Penal Code, 1860 225 226 The Penal Code, 1860
The Pakistan Penal Code defines the offences and provides for miscarriage, kidnapping, rape, dacoity, or related to marriage, criminal
their punishment. This Code is the substantive law and the Criminal breach of trust and so on.
Procedure Code is the procedural or adjective law. The Criminal The offences against the State mainly consist of waging or
Procedure Code was passed as Act XXV of 1861 and came into force attempting to wage war or abetting waging of war against Bangladesh;
on the same day as the Penal Code. This Act of 1861 was completely conspiring to commit the said offences; collecting arms with the
repealed by the later Act X of 1872, which again by Act X of 1882, intention of waging war against Bangladesh; sedition; waging war
which again by Act V of 1898, which with the later Amending Acts is against any neighboring power in alliance with Bangladesh; and
now in force, whereas the Penal Code still remains the Act of 1860. assaulting the President of Bangladesh or government with intent to
The Criminal Procedure Code creates different grades of Courts and restrain or compel exercise of any lawful power. Offences relating to
deals with the several proceedings of the Courts at the various stages Army, Navy and Air Force mainly consist of abatement of mutiny;
of the inquiry or trial. Section 5(1) of the Criminal Procedure Code attempting to seduce a soldier, sailor or airman from his duty;
specifically lays down that all offences under the Pakistan Penal Code abatement of assault by soldier, sailor or airman on his superior officer
shall be investigated, inquired into, tried and otherwise dealt with when in execution of his office; abatement of desertion of soldier,
according to the provisions of the Criminal Procedure Code. The main sailor or airman; harbouring deserter and wearing garb or carrying
object of the Code of Criminal Procedure is thus to supplement the token used by soldier, sailor or airman. Offences related to religion
Pakistan Penal Code by rules of procedure with a view to preventing consist of injuring or defiling place of worship; deliberate and
offences and bringing the offenders to justice. malicious acts intended to outrage religious feelings of any class by
Penal Laws prohibit certain kinds of conduct, making particular insulting its religion; disturbing religious assembly; trespassing in any
acts or omissions unlawful and imposing sanctions. In general, the place of worship or any burial place or cremation ground with intent to
prohibitions contained in criminal offences are concerned with insult the religion of any person, and uttering words or sound with
protecting the public at large and the 'societal values' of society. The intent to wound religious feelings of another person.
Penal Laws that are now enforceable in Bangladesh include The Penal Rape of a woman, kidnapping, theft, extortion, robbery, dacoity,
Code 1860, The Cattle Trespass Act 1871, The Arms Act 1878, The dishonest misappropriation of property, criminal breach of trust etc are
Explosive Substances Act 1908, The Prevention of Corruption Act all punishable under Penal laws. At the same time offences related to
1947, The Anti-Corruption Act 1957, The Special Powers Act 1974, culpable homicide amounting to murder, fraudulent execution of deed
The Dowry Prohibition Act 1980, The Narcotics (Control) Act 1990, of transfer containing false statement, killing or maiming cattle, house-
and The Nari O Shishu Nirjatan (Bishesh Bidhan) Ain 1995. trespass are crimes which are also subject to punishment.
The gravity of an offence provides for imposing death penalty,
The Penal Code 1860.The earliest and the main body of laws imprisonment for life, forfeiture of property, fine and whipping as the
which deals with different kinds of offences and punishments. case may be. Death sentence is the highest form of punishment under
Offences under the Code have been classified as those (i) against the the Penal Code and may be imposed for treason, abatement of mutiny,
State; (ii) related to the Army, Navy and the Air Force; (iii) against the perjury resulting in an innocent person being convicted and executed,
public tranquility; (iv) by or related to the public servants; (v) related murder, abatement of suicide of a minor or insane or intoxicated
to elections; (vi) for contempt of the lawful authority of public person, attempt to murder by a person under sentence of imprisonment
servants; (vii) of false evidence and against public justice; (viii) related for life, kidnapping or abducting a person under the age of ten and
to coins and government stamps; (ix) related to weights and measures; murder while committing dacoity. Imprisonment for life may be
(x) affecting public health, safety, convenience, decency and morals; imposed for the above offences and some other grave offences.
(xi) related to religion; (xii) affecting the human body which have Imprisonment for various terms may be imposed with fine or without
further been sub-divided into offences affecting life, and causing fine for the remaining offences. In case of some heinous offences court
may impose fine only instead of imposing sentence of imprisonment.
The Penal Code, 1860 225 226 The Penal Code, 1860
For some heinous offences court may impose sentence of whipping for bolding such views. Similarly adultery is a civil offence against the
with imprisonment. In some of the offences court may order for law of matrimony in England and leads to divorce, the husband having
forfeiture of the property of the accused. The government may claim to compensation from the co-respondent. But in it is a crime
commute a sentence of death including an imprisonment for life to within the meaning of section 497 of the Penal Code and is punishable
imprisonment of either description for a term not exceeding twenty with imprisonment of either description for a term which may extend
years. The President may grant pardons, reprieve respites or to five years, or with fine, or with both. The Code, however, absolves
remissions of sentence. the wife from punishment as an abettor and excuses her infidelity on
account of some peculiarities in the state of society in this country
Crime.The word ‘crime’ has not been defined in the Penal where, according to the authors of the Code, a women is sometimes
Code. In its broad sense, however, it may be explained as an act of married while still a child and is neglected for other wives while still
commission or omission which is harmful to the society in general. young. They were, therefore, reluctant to make laws for punishing the
But all acts tending to prejudice the community are not ‘crime’ unless inconstancy of the wife, while the law admitted the privilege of the
they are punishable under the law. According to Osborn, crime is an husband to polygamy. We may profitably quote here the observation of
act or default which tends to the prejudice of the community, and the framers of the Code:
forbidden by law on pain of punishment inflicted at the suit of the “Though we well know that the dearest interests of the human race
State. In its legal sense, therefore, crime includes such offences being are closely connected with the chastity of women and the sacredness
acts or defaults which have been made punishable by the Penal Code. of the nuptial contract, we cannot but feel that there are some
It is apparent from the above that there is nothing which by itself peculiarities in the state of society in this country which may well lead
is a crime, unless it has been declared by the Legislature as punishable. a humane man to pause before he determines to punish the infidelity of
The authors of the Code observed: wives. The condition of the women of this country is, unhappily, very
“We cannot admit that a Penal Code is by any means to be different from that of the women of England and France; they are
considered as a body of ethics, that the legislature ought to punish acts married while still children; they are often neglected for other wives
merely because those acts are immoral, or that, because an act is not while still young. They share attentions of a husband with several
punished at all it follows that the legislature considers that act as rivals. To make laws for punishing the inconstancy of the wife, while
innocent. Many things which are not punishable are morally worse the law admits the privilege of the husband to fill his zenana with
than many things which are punishable. The man who treats a women, is a course which we are most reluctant to adopt. We are not
generous benefactor with gross ingratitude and insolence deserves so visionary as to think of attacking, by law, an evil so deeply rooted
more severe reprehension than the man who aims a blow in a passion, in manners of the people of this country as polygamy. We leave it to
or breaks a window in a frolic; yet we have punishment for assault and the slow, but we trust the certain, operation of education and of time.
mischief, and none for ingratitude. The rich man who refuses a But while it exists, while it continues to produce its never failing
mouthful of rice to save a fellow-creature from death may be a far effects on the happiness and respectability of women, we are not
worse man than the starving wretch who snatches and devours the inclined to throw into a scale, already too much depressed, the
rice; yet we punish the latter for theft, and we do not punish the former additional weight of the penal law,”
for hard-heartedness.” The recognition of a crime, therefore, varies with public opinion
Crime is, therefore, a relative conception. Different societies view of a given society at a given time and there cannot be any rigid or
different acts of commission and defaults as crime in different ages absolute criterion to determine it. Ideas may change; standards of
and according to different localities and circumstances. There are ethical morality may differ, and with them may differ the recognition
examples in history where heresy, i.e., religious belief other than that of any offence by the legislature within the ambit of its Penal Code. It
recognized by the State, has been treated as an offence punishable with has, therefore, been rightly said that crime is not a static quantity, nor
death, but no nation can today think of prescribing punishment merely
The Penal Code, 1860 225 226 The Penal Code, 1860
can it be considered in absolute terms. There is actually no such thing
as a crime in se or crime by itself. Presumption of Innocence.In Criminal cases the presumption
Tort or civil wrong may be distinguished from crime. Tort differs of law is that the accused is innocent. He stands before the Court as an
from crime both in principle and procedure. In the first, place, the innocent man till he is proved to be guilty, It is the business of the
former constitutes an injury or breach of duty to an individual or prosecution to prove him to be guilty and he need not do anything but
individuals concerning his or their private or civil rights, while the stand-by and see what case has been made out against him. The
latter constitutes a breach of public rights and duties affecting the prosecution is bound to prove the guilt beyond reasonable doubt,
whole community considered as a community. In the second place, in without any help from the accused. If there be any reasonable doubt of
tort the wrong-doer has to compensate the aggrieved party, but in the guilt of the accused, he is entitled as of right to be acquitted. In
crime he is punished by the State in view of the interests of the society, matters of doubt it is safer to acquit than to condemn since it is better
In the third place, in tort the action is raised by the aggrieved party, but that several guilty persons should escape than one innocent person
in crime the State is supposed to be injured by wrong to the suffer.
community and as such the proceedings are conducted in the name of This doctrine of criminal law is subject to certain modifications.
the State, and the guilty person is punished by it. And, lastly, in tort or Though it is true that the prosecution must prove every ingredient of
civil wrong intention on the part of the wrong-doer is immaterial, but the offence and associate it with the accused, the question would be
criminal intention is an essential element in crime. regarding the nature of the proof required to be given by the
Although these two kinds of wrongs are clearly distinguishable, prosecution. For example section 114 of the Evidence Act, 1872 laws
yet many crimes include a tort or civil injury; but every tort does not down: “The Court may presume the existence of any fact which it
amount to a crime, nor does every crime include a tort. For example, thinks likely to have happened regard being had to the common course
conversion, private nuisance, wrongful distress, etc. are merely torts. of natural events, human conduct and public and private business, in
Similarly, forgery, perjury, bigamy, homicide, etc. are examples of their relation to the facts of the particular case.” Illustration (a) to the
crimes but not torts, whereas assault, false imprisonment, false charge, same section further lays down that the Court may presume that a
defamation, etc., are crimes as well as torts. In all cases where the person who is in possession of stolen goods soon after the theft is
same wrong constitutes both a crime and a tort, the criminal and civil either the thief or has received the goods knowing them to be stolen,
remedies are concurrent. The wrongdoer may be punished criminally unless he can account for the possession. In such circumstances, once
and also compelled in a civil action to pay damages to the injured the minimum proof is given by the Court. Again section 105 of the
person. Evidence Act states that it is incumbent on the accused to prove the
There is no limitation to prosecute a person for an offence. Nullum existence of circumstances which bring the offence charged within any
tempus occurit regi (Iapse of time does not bar the right of the Crown). exception or proviso contained in the Penal Code, and the Court shall
As a criminal trial is regarded as an action by the Government, it may presume the absence of such circumstances. If it is apparent from the
be brought at any time. It would be odious and fatal, said Bentham to evidence on record whether produced by the prosecution or defense,
allow wickedness, after a certain time, to triumph over innocence. No that a general exception would apply, then the presumption is removed
treaty should be made with malefactors of that character. Let the and it is open to the Court to consider whether the evidence proves to
avenging sword remain always hanging over their heads. The sight of the satisfaction of the Court that the accused comes within the
a criminal in peaceful enjoyment of the fruit of his crimes, protected exception. For example, once the prosecution proves that A caused
by the laws he has violated, is a consolation to evil-doers, an object of grievous hurt to B, if it is A’s contention that he did it in self-defense it
grief to men of virtue, a public insult to justice and to morals, the is for A to prove it. The doctrine of presumption of innocence does not
Roman haw, however, laid down a prescription of twenty years for compel a Court to believe that the accused is innocent as he might
criminal offences as a rule, There is no period of limitation for come under the protection of some of the exceptions. In such
offences which fall within the four corners of the Penal Code.
The Penal Code, 1860 225 226 The Penal Code, 1860
circumstances, if the defense cannot prove the exceptions, the accused not criminal in any real sense but which in the public interest are
will be convicted. prohibited under a penalty, e g. Revenue Acts; (2) public nuisance; and
It may be noted that under the Penal Code there are certain (3) cases criminal in form but which are really only a summary mode
offences relating to trade mark or property mark and currency-notes, of enforcing a civil right.
where the burden of proof of innocence is shifted on the accused under The maxim has not so wide an application to the offences under
the following circumstances :- the Penal Code; because the definition of the various offences contain
(i) Any person selling goods marked with counterfeit trade mark expressly a statement as to the state of mind which Constitutes the
or property mark shall be punished unless he proves that he acted mental element of a particular offence. Thus the definitions state
innocently and that he had taken all reasonable precautions (s. 486). whether an act, in order to constitute an offence, must have been done
(ii) Any person making a false mark upon any receptacle voluntarily, knowingly, intentionally, negligently, rashly, dishonestly,
containing goods shall be punished unless he proves that he acted fraudulently, or the like. In other words every ingredient of the offence
without intent to defraud (s. 487). is stated in the definitions. So mens rea will mean one thing or another
(iii) Any person using such false mark shall be punished unless he according to the particular offence. The guilty mind may thus be a
proves that he acted without intent to defraud (s. 488). fraudulent mind or a dishonest mind, or a negligent or rash mind
(iv) Any person making or using documents resembling currency- according to the circumstances of the case and each of these minds
notes or bank-notes shall be presumed that he made the document unit differs widely from the other. It is thus said that mental elements of
the contrary is proved (s. 489 E). different crimes differ widely. Similarly there are crimes (e.g. public
nuisance) when the act itself constitutes a crime and no mental
Mental Elements in Crime element is necessary to constitute the act a crime. The Chapter on
Mens rea.It is one of the cardinal principles of the English general exceptions deals with the general conditions which negative
Criminal Law that to constitute guilt there must be a guilty intent mens rea (Guilty mind) and thus exclude criminal responsibility.
behind the act itself and that a crime is not committed if the mind of
the person doing the act is innocent. The principle is based on the Intention.Salmond defined intention as the purpose or design
maxim actus non facit reum, nisi mens sit rea, i.e. the act itself does with which an act is done. It is the foreknowledge of the act, coupled
not constitute guilt unless done with a guilty intent. Thus mens rea in with the desire of it, such foreknowledge and desire being the cause of
the case of murder means malice aforethought; in the case of theft an the act, inasmuch as they fulfil themselves through the operation of the
intention to steal and in the case of receiving stolen goods knowledge will. An act is intentional if it exists in idea before it exists in idea
that the goods were stolen. before it exists in fact, the idea realizing itself in the fact because of
The maxim, therefore, connotes that the act itself does not make a the desire by which it is accompanied.
man guilty unless his intention was to commit a crime. For example, a Intention does not necessarily involve expectation. I may intend a
person shoots a jackal but actually killed a man behind a bush who result which I well know to be extremely improbable. So an act may
was concealed from his view. No offence has been committed if he be intentional with respect to a particular circumstance, although the
was not negligent and the act will be excusable as an accident. chance of the existence of that circumstance is known to be
Similarly, A is working with a hatchet and the head flies off, killing a exceedingly small. Intention is the foresight of a desired issue,
man who is standing by. There is no offence if he has taken proper however improbable-not the foresight of an undesired issue, however
precaution and the act is excusable as an accident. But if a person kills probable. If I fire a rifle in the direction of a man a mile away, I may
a man under circumstances which afford him no legal justification he know perfectly well that the chance of hitting him is not one in a
is guilty of murder. thousand; I may fully expect to miss him; nevertheless I intend to hit
It was held in the case of sherras vs. Do Rutzen that mens rea is an him if I desire to do so. He who steals a letter containing a cheque,
essential ingredient in every offence except in three cases: (1) cases intentionally steals the cheque also if he hopes that the letter may
The Penal Code, 1860 225 226 The Penal Code, 1860
contain one, even though he well knows that the odds against the immediate intention and not to his secondary or remote intention, for
existence of such a circumstance are very great. in reality it is the motive which the law ignores. A person may act
Conversely, expectation does not in itself amount to intention. A from a laudable motive, but if he intentionally causes wrongful loss,
Surgeon may know very well that his patient will probably die of the his crime is complete, irrespective of his motive. Thus where several
operation; yet he does not intend the fatal consequence which he Hindus acting in concert and under the influence of religious feeling
expects. He intends the recovery which he hopes for but does not forcibly removed an ox and two cows from the possession of a
expect. Mohamadan, not for the purpose of causing wrongful gain to
As a general rule, every man is presumed to intend the natural and themselves of wrongful loss to the owner of the cattle, but for the
probable consequences of his acts, and this presumption of law will purpose of preventing the killing of the cows, it was held that they
prevail unless from a consideration of all the evidence the Court were guilty of rioting under section 146 of the Penal Code, however
entertains a reasonable doubt whether such intention existed. This laudable and virtuous their object might be from the viewpoint of their
presumption, however, is not conclusive nor alone sufficient to justify own religion. Similarly, where the creditors of A complained of their
a conviction and should be supplemented by other testimony. An debts to B, the master of A, and B without referring to the Civil Court,
accused must be judged to have the intention that is indicated by his took the law into his own hand and taking three cows of A without his
proved acts. The burden of proving guilty intention lies upon the consent handed them over to his creditors to satisfy their claims, B
prosecution where the intent is expressly stated as part of the was held to have done it dishonestly and therefore guilty of theft. So
definition of the crime. also the motive of the creditor seizing his debtor’s goods to coerce him
Mere intention to commit a crime, not followed by an act does not to pay up his debt was certainly not to cause permanent loss of the
constitute an offence.7 The will is not to be taken for the deed unless goods to the debtor and was not, therefore, criminal; but he did cause
there be some external act which shows that progress has been made in him loss, however temporarily, and he did so intentionally. He was,
the direction of it or towards maturing and affecting it. therefore, held guilty of theft. In short, in criminal cases, the end
cannot justify the means, i.e. the motive does not justify the intention.
Motive.Intention and motive invariable go together. An Hence, a righteous motive is not a good defense when the intention of
intention is the immediate desire and foreknowledge behind an act. the person is criminal.
Such a desire might be a means for another desire. Such ulterior intent Though the prosecution is not bound to prove motive for the
is called the motive of the act. For example, the immediate intent of crime, absence of any motive is a factor which may be considered in
the thief is to appropriate another’s money, while his ulterior intent or determining the guilt of the accused. But if the actual evidence as to
motive may be to buy food with it or to pay a debt. Every wrongful act the commission of the crime is believed, then no question of motive
may raise two distinct questions with respect to the intent of the doer. remains to be established. It is not the bounden duty of the prosecution
Firstly, whither the act is done intentionally or accidently. Secondly, if to prove motive with which a certain offence has been committed. It is
the act is done intentionally, why it is done. The first question refers to sufficient if the prosecution proves by clear and reliable evidence that
the immediate intention of the man and the second question refers to certain persons committed the offence, whatever the motives may be
the ulterior intent or motive of the man. which induced them to commit that offence. The question of motive is
A distinction exists between intention and motive. The law takes not material where there is direct evidence of the acts of the accused
into account only a man’s intention and not his motive. Motive is and the acts themselves are sufficient to disclose the intention of the
directed to the ultimate end, good or bad, which a person hopes to actor. But in cases of circumstantial evidence, absence of motive is a
secure; his intention is concerned with the immediate effect of his acts. factor in favor of the accused.
In judging a man’s criminality, regard must be had to his primary and Motive when relevant.The following are the exceptions to the
general principle that intention is relevant and motive irrelevant:
7
Queen vs. Baku (1899) ILR 24 Bom. 287
The Penal Code, 1860 225 226 The Penal Code, 1860
(1) The first exception is to be found in the cases of criminal law the mater is otherwise. Absolute criminal liability for a mistake of
attempts. Every attempt is an act done with intent to commit the fact is quite exceptional. An instance of it is to be found in the liability
offence so attempted. The existence of this ulterior intent or motive is of a person who abducts a girl under the legal age of consent.
the essence of an attempt. For example, one might strike a matchstick Inevitable mistake as to her age is no defense; be must take the risk. In
with the intention of setting fire to a hay stack and thus cause wrongful the Prince’s case it was held that a person who kidnaps a girl under the
loss to the owner. When the matchstick is struck and is taken near the legal age of consent, is guilty of kidnapping. Her consent is immaterial
hay stack, if he is prevented from setting fire, to a hay stack and thus as a minor cannot give a valid consent. Even if the girl urged the
cause wrongful loss to the owner. When the matchstick is struck and is accused to take her away from her parent and even the fact that she
taken near the hay stack, if he is prevented from setting fire. to assess falsified her age and appeared to be more than eighteen, the accused
whether he is a wrong-doer or not it would be necessary to examine was held guilty of having committed the offence of kidnapping. He
his motive. His intentionally striking a match in itself is no wrongful who deals with the minor does so at his own risk and inevitable
act but if such intentionally striking of the match was done with the mistake as to her age is no excuse. He must take the risk for having
ulterior intent of setting fire to the hay stack, then it becomes an involved himself with a minor and in an act which is mala in se.
attempt to commit criminal mischief. Thus it is the motive that makes Under the Penal Code the mistake must be one of fact and not of
the act wrongful though the act in itself could not be wrongful. law. Where, through a mistake, a man intending to do a lawful act,
does that which is unlawful, the deed and the will act separately; there
(2) The second exception comprises of those cases in which a
is not that conjunction between them which is necessary to form a
particular intent forms part of the definition of a criminal offence. For
criminal act. But where an act is clearly a wrong in itself, and a
example, house trespass is an offence punishable under the Penal
person, under a mistaken impression as to the facts which render it
Code. In this case the motive with which the house trespass was
criminal, commits the act, then he will be guilty of a criminal offence.
committed becomes relevant. Another example is found in the case of
the offence of forgery. This offence contains two main ingredients: (i)
The making of any false document and (ii) with the intent to cause Mistake of Law.Ignorance of law is no excuse. This
damage or injury to the public or to any person. Making of the false proposition is based on the maxim “Ignorantia juris neminem
document is the motive. In all such instances the ulterior intent is the excusat.” When a person has committed a wrong he will not be
source, in whole or in part, of the mischievous tendency of the act and allowed to say that but for his ignorance of the law he would not have
is therefore material in law. committed it. The reasons for this rule, according to Salmond, are
three in number” In the first place, the law is in legal theory definite
(3) In civil liability, motive or the ulterior intent is seldom and knowable. It is the duty of every man to know that part of it which
relevant; but there are some exceptional cases where motive might concerns him; therefore innocent and inevitable ignorance of the law is
become relevant as in the cases of civil wrongs of defamation and impossible. Men are conclusively presumed to know the law, and are
malicious prosecution. dealt with as if they did know it, because in general they can and ought
to know it. In the second, place, it would be very difficult for a Court
Mistake of Fact.In English law mistake of fact affords an of law to decide whether the person is really ignorant or he is making
exemption from liability only in the sphere of the Criminal law, while it an excuse and a ground of defence for his guilt. In the hird place, the
in the Civil law liability is commonly absolute. So far as civil liability law is in most instances derived from and in harmony with the rules of
is concerned, it is the general principle of law that he who natural justice. A person committing a wrong may be ignorant that he
intentionally interferes with the person, property, reputation, or other is breaking the law, but he knows very well that he is violating a right.
rightful interests of another does so at his peril, and will not be heard According to Salmond there is no exception to this rule, whereas in
to allege that he believed in good faith and on reasonable grounds in practice there are certain exceptions:
the existence of some circumstance which justified his act In Criminal
The Penal Code, 1860 225 226 The Penal Code, 1860
(1) Mistake of law can be pleaded as a defence under section 78 of (ACT NO. XLV OF 1860)
the Penal Code.8 This section provides that nothing which is done in
pursuance of, or which is warranted by the judgment or order of, a CHAPTER I
Court of justice, if done whilst such judgment or order remains in INTRODUCTION
force, is an offence, notwithstanding the Court may have had no
Preamble
jurisdiction to pass such judgment or order, provided the person doing
WHEREAS it is expedient to provide a general Penal Code for
the act in good faith believes that the Court had such jurisdiction.
Bangladesh; It is enacted as follows.
(2) Under section 379 of Penal Code it was held that a mistake of
law may be an excuse if the accused takes another man’s property Sec.-1. Title and extent of operation of the Code.This Act shall be
believing under a mistake of fact and ignorance of law, that he has a called the [Penal Code]10, and shall take effect throughout Bangladesh.
right to take it.
Section analysis
Penal laws
The English word ‘penal’ is derived from Latin word ‘poenalis’ means
‘punishment’ and the English word ‘law’ is derived from Middle English
word ‘lawe’ means ‘rule.’ Penal laws prohibit certain kinds of conduct,
making particular acts or omissions unlawful and imposing sanctions. In
general, the prohibitions contained in criminal offences are concerned with
protecting the public at large and the ‘societal values’ of society. The Penal
Laws that are now enforceable in Bangladesh include The Penal Code 1860,
The Cattle Trespass Act 1871, The Arms Act 1878, The Explosive Substances
Act 1908, The Prevention of Corruption Act 1947, The Anti-Corruption Act
1957, The Special Powers Act 1974, The Dowry Prohibition Act 1980, The
Narcotics (Control) Act 1990, and The Nari O Shishu Nirjatan (Bishesh
Bidhan) Ain 1995.
In the case of Abdul Haque vs State 1994 BLD 204 – It lays down that
the Penal Code extends only to offences committed in Bangladesh and not to
offences committed outside Bangladesh.
Applicability of Penal Code:
The Penal Code will apply wherever its application is not, expressly or
by necessary implication, excluded and where the requirements prescribed by
the Code for the offence charge are satisfied. AIR 1950 Mad 599; 51 CriLJ
1518
Sec.-2. Punishment of offences committed within
Bangladesh.Every person shall be liable to punishment under this
Code and not otherwise for every act or omission contrary to the
provisions thereof, of which he shall be guilty within Bangladesh.

THE PENAL CODE, 18609 Government” or “Central Government or any Provincial Government” or “Central Government” or
“the Provincial Government” or “Provincial Government” and “rupees” respectively by section 3 and
2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
8
Ratan Law & Dhiraj Lal, The Law of Crimes, 20th Edition. P. 136 10
The words “Penal Code” were substituted, for the words “Pakistan Penal Code” by section 3
9
Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, “the and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII
Government” and “Taka” were substituted, for the words “Pakistan”, “Central or any Provincial of 1973)
The Penal Code, 1860 225 226 The Penal Code, 1860
Sec.-3. Punishment of offences committed beyond, but which by Sec.-6. Definitions in the Code to be understood subject to
law may be tried within Bangladesh.Any person liable, by any exceptions.Throughout this Code every definition of an offence, every
Bangladesh Law, to be tried for an offence committed beyond Bangladesh penal provision and every illustration of every such definition or penal
shall be dealt with according to the provisions of this Code for any act provision, shall be understood subject to the exceptions contained in the
committed beyond Bangladesh in the same manner as if such act had been chapter entitled "General Exceptions," though those exceptions are not
committed within Bangladesh. repeated in such definition, penal provision or
Sec.-4. Extension of Code to extra-territorial offences.The Illustration.
provisions of this Code apply also to any offence committed by- (a) The sections in this Code, which contain definitions of offences,
(1) any citizen of Bangladesh in any place without and beyond do not express that a child under seven years of age cannot commit such
Bangladesh; offences; but the definitions are to be understood subject to the general
(2) [Omitted] exception which provides that nothing shall be an offence which is done
(3) [Omitted] by a child under seven years of age.
(4) any person on any ship or aircraft registered in Bangladesh (b) A, a police officer, without warrant, apprehends Z who has
wherever it may be. committed murder. Here A is not guilty of the offence of wrongful
Explanation.In this section the word "offence" includes every act confinement; for he was bound by law to apprehend Z, and therefore the
committed outside Bangladesh which, if committed in Bangladesh, would case falls within the general exception which provides that "nothing is an
be punishable under this Code. offence which is done by a person who is bound by law to do it".
Illustrations Sec.-7. Sense of expression once explained.Every expression
(a) A, a Bangladesh subject, commits a murder in Uganda. He can be which is explained in any part of this Code is used in every part of this
tried and convicted of murder in any place in Bangladesh in which he may Code in conformity with the explanation.
be found. Sec.- 8.Gender.The pronoun “he” and its derivatives are used of
(b) B, a European British subject, commits a murder in Rangpur. He any person, whether male or female.
can be tried and convicted of murder in any place in Bangladesh in which Sec.- 9. Number.Unless the contrary appears from the context,
he may be found. words importing the singular number include the plural number, and
(c) C, a foreigner who is in the service of the Bangladesh Government, words importing the plural number include the singular number.
commits a murder in Khulna. He can be tried and convicted of murder at Sec.-10. “Man” “Woman” .The word “man” denotes a male
any place in Bangladesh in which he may be found. human being of any age: the word “woman” denotes a female human
(d) D, a British subject living in Khulna, instigates E to commit a being of any age.
murder in Chittagong. D is guilty of abetting murder. Sec.-11. “Person”.The word “person” includes any Company or
Sec.- 5. Certain laws not to be affected by this Act. Nothing in Association, or body of persons, whether incorporated or not.
this Act is intended to repeal, vary, suspend, or affect any of the Sec.-12. “Public”.The word “public” includes any class of the
provisions of any Act for punishing mutiny and desertion of officers, public or any community.
soldiers, sailors or airmen in the service of the [Republic] 11, or of any Sec.-13. [Omitted]. [Omitted by Article 2 and Schedule of the
special or local law. Central Laws (Adaptation) Order, 1961.]
CHAPTER II Sec.-14. “Servant of the State”.The words “Servant of the State”
GENERAL EXPLANATIONS denote all officers or servant, continued, appointed or employed in
Bangladesh by or under the authority of the Government.
Sec.-15. [Repealed].[Repealed by the Government of India
(Adaptation of Indian Laws) Order, 1937.]
11
Sec.-16. [Repealed].[Repealed by the Government of India
The word “Republic” was substituted, for the word “State” by section 3 and 2nd Schedule of (Adaptation of Indian Laws) Order, 1937.]
the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
aviv-21

The Penal Code, 1860 225 226 The Penal Code, 1860
Sec.-17. “Government”.The word “Government” denotes the Sec.-21. “Public servant”.The words "public servant" denote a
person or persons authorized by law to administer executive Government person falling under any of the descriptions hereinafter following,
in Bangladesh, or in any part thereof. namely:-
Sec.-18. [Repealed].[Repealed by the Government of India First.[Omitted by section 2 of the Penal Code (Amendment)
(Adaptation of Indian Laws) Order, 1937.] Ordinance, 1982 (Ordinance No. X of 1982)];
Sec.-19. “Judge”.The word “Judge” denotes not only every person Second. Every Commissioned Officer in the Military, Naval or Air
who is officially designed as a Judge, but also every person,- Forces of Bangladesh;
who is empowered by law to give, in any legal proceeding, civil or Third.Every Judge including any person empowered by any law to
criminal, a definitive judgment, or a judgment which, if not appealed perform, whether by himself or as a member of any body of persons, any
against, would be definitive, or a judgment which, if confirmed by some adjudicatory function;
other authority, would be definitive, or Fourth.Every officer of a Court of Justice whose duty it is, as such
who is one of a body of persons, which body of persons is empowered officer, to investigate or report on any matter of law or fact, or to make,
by law to give such a judgment. authenticate, or keep any document, or to take charge or dispose of any
Illustrations property, or to execute any judicial process, or to administer any oath, or
(a) A Collector exercising jurisdiction in a suit under Act X of 1859, is to interpret, or to preserve order in the Court; and every person specially
a Judge. authorized by a Court of Justice to perform any of such duties;
(b) A Magistrate exercising jurisdiction in respect of a charge on Fifth.Every juryman, assessor or member of a panchayat assisting a
which he has power to sentence to fine or imprisonment with or without Court of Justice or public servant;
appeal, is a Judge. Sixth.Every arbitrator or other person to whom any cause or matter
(c) [Repealed by the Federal Laws (Revision and Declaration) Act has been referred for decision or report by any Court of Justice or by any
1951 (Act XXXVI of 1951)]. other competent public authority;
(d) A Magistrate exercising jurisdiction in respect of a charge on Seventh.Every person who holds any office by virtue of which he is
which he has power only to commit for trial to another Court, is not a empowered to place or keep any person in confinement;
Judge. Eighth.Every officer of the Government whose duty it is, as such
Case Law officer, to prevent offences, to give information of offences, to bring
AIR 1956 Mad 613; 1935 CriLJ 1330 (DB)- The definition of offenders to justice or to protect the public health, safety or convenience;
‘Judge’ in section 19, Penal Code is for a special purpose and has no Ninth.Every officer whose duty it is, such officer, to take, receive,
bearing on the question whether a particular officer belongs to the keep or expend any property on behalf of the Government, or to make any
revenue department or the Judicial department. survey, assessment or contract on behalf of the Government, or to execute
any revenue-process or to investigate, or to report, on any matter affecting
AIR 1926 Pal 214 (DB)- Person not designated as Judge. A person
the pecuniary interests of the Government, or to make, authenticate or
other than one who is officially designated as a Judge who is
keep any document relating to the pecuniary interest of the Government,
empowered to give a definitive judgment, is a Judge only when he is or to prevent the infraction of any law for the protection of the pecuniary
exercising jurisdiction in a suit or in a proceeding. An arbitrator is not interests of the Government;
a Judge. Tenth.Every officer whose duty it is, as such officer, to take,
receive, keep or expend any property, to make any survey or assessment
Sec.-20. “Court of justice”. The words "Court of Justice" denote or to levy any rate or tax for any secular common purpose of any village,
a Judge who is empowered by law to act judicially alone, or a body of town or district or to make, authenticate or keep any document for the
Judges which is empowered by law to act judicially as a body, when such ascertaining of the rights of the people of any village, town or district;
Judge or body of Judges is acting judicially.
The Penal Code, 1860 225 226 The Penal Code, 1860
Eleventh.Every person who holds any office in virtue of which he Sec.-26. “Reason to believe”.A person is said to have "reason to
is empowered to prepare, publish, maintain or revise an electoral roll or to believe" a thing if he has sufficient cause to believe that thing but not
conduct an election or part of an election. otherwise.
Illustration Sec. 27. Property in possession of wife, clerk or servant.When
A Municipal Commissioner is a public servant. property is in the possession of a person's wife, clerk or servant, on
Twelfth.Every person- account of that person, it is in that person's possession within the meaning
(a) in the service or pay of the Government or remunerated by the of this Code.
Government by fees or commissions for the performance of any public Explanation.A person employed temporarily or on a particular
duty; occasion in the capacity of a clerk or servant, is a clerk or servant within
(b) in the service or pay of a local authority or of a corporation, body the meaning of this section.
or authority established by or under any law or of a firm or company in Sec.-28. “Counterfeit”.A person is said to "counterfeit" who causes
which any part of the interest or share capital is held by, or vested in, the one thing to resemble another thing, intending by means of that
Government. resemblance to practice deception, or knowing it to be likely that
Explanation 1.-Persons falling under any of the above descriptions deception will thereby be practiced.
are public servants, whether appointed by the Government or not. Explanation 1.It is not essential to counterfeiting that the imitation
Explanation 2.-Wherever the words "public servant" occur, they shall should be exact.
be understood of every person who is in actual possession of the situation Explanation 2.When a person causes one thing to resemble another
of a public servant, whatever legal defect there may be in his right to hold thing, and resemblance is such that a person might be deceived thereby, it
that situation. shall be presumed, until the contrary is proved, that the person so causing
Explanation 3.-The word "election" denotes an election for the the one thing to resemble the other thing intended by means of that
purpose of selecting members of any legislative, municipal or other public resemblance to practice deception or knew it to be likely that deception
authority, of whatever character, the method of selection to which is by or would thereby be practiced.
under, any law prescribed as by election. Sec.-29. “Document”.The word "document" denotes any matter
Sec.-22. “Moveable property”.The words "moveable property" are expressed or described upon any substance by means of letters, figures,
intended to include corporeal property of every description, except land marks, or by more than one of those means, intended to be used, or which
and thing attached to the earth or permanently fastened to any thing which may be used, as evidence of that matter.
is attached to the earth. Explanation 1.- It is immaterial by what means or upon what
Sec.-23. “Wrongful gain”."Wrongful gain" is gain by unlawful substance the letters, figures or marks are formed, or whether the evidence
means of property to which the person gaining is not legally entitled. is intended for, or may be used in a Court of Justice, or not.
“Wrongful loss”:- "Wrongful loss" is the loss by unlawful means of Illustrations
property to which the person losing it is legally entitled. A writing expressing the terms of a contract, which may be used as
Gaining wrongfully, Losing wrongfully:- A person is said to gain evidence of the contract, is a document.
wrongfully when such person retains wrongfully, as well as when such A cheque upon a banker is a document.
person acquires wrongfully. A person is said to loss wrongfully when such A Power-of-Attorney is a document.
person is wrongfully kept out of any property, as well as when such A map or plan which is intended to be used or which may be used as
person is wrongfully deprived of property. evidence, is a document.
Sec.-24. “Dishonestly”.Whoever does anything with the intention A writing containing directions or instructions is a document.
of causing wrongful gain to one person or wrongful loss to another Explanation 2.- Whatever is expressed by means of letters, figures or
person, is said to do that thing "dishonestly”. marks as explained by mercantile or other usage, shall be deemed to be
Sec.-25. “Fraudulently”.A person is said to do a thing fraudulently expressed by such letters, figures or marks within the meaning of this
if he does that thing with intent to defraud but not otherwise. section, although the same may not be actually expressed.
The Penal Code, 1860 225 226 The Penal Code, 1860
Illustrations Held : The very admission of presence on the scene of occurrence
A writes his name on the back of a bill of exchange payable to his indicates that the accused had complicity in the crime and the murder
order. The meaning of the endorsement, as explained by mercantile usage, took place in furtherance of their common intention.
is that the bill is to be paid to the holder. The endorsement is a document,
and must be construed in the same manner as if the words "pay to the Common intention—Distinction between same or similar
holder" or words to that effect had been written over the signature. intention and common intention. Common intention within the
Sec.-30. “Valuable security”.The words "valuable security" denote meaning of section 34 of the Penal Code pre-supposes prior concert; it
a document which is, or purports to be, a document whereby any legal also requires pre-arranged plan and care must be taken not to confuse
right is created, extended, transferred, restricted, extinguished or released, same or similar intention with common intention, the partition which
or whereby any person acknowledges that he lies under legal liability, or divides “their bounds” is often very thin; nevertheless the distinction is
has not a certain legal right. real and substantial and if overlooked will result in miscarriage of
Illustration justice. Kabul vs State 40 DLR 216.
A writes his name on the back of a bill of exchange. As the effect of State vs Tajul Islam 48 DLR 305 - This section does not create any
this endorsement is to transfer the right to the bill to any person who may
distinct offence. It is intended to meet a case where the members of a
become the lawful holder of it, the endorsement is a "valuable security".
party acted in furtherance of the common intention of all but it was
Sec.-31. “A will”.The words "a will" denote any testamentary
difficult to prove exactly the part played by each of them.
document.
In means that if two or more persons intentionally do a thing
Sec.-32. Words referring to acts include illegal omissions.In
jointly, it is just the same as if each of them had done it individually,
every part of this Code, except where a contrary intention appears from
the context, words which refer to acts done extend also to illegal common intention within the meaning of this section pre-supposes a
omissions. prior concert. There must be a prior meeting of the minds leading to a
Sec. 33. “Act” “Omission”.The word "act" denotes as well a series pre-arranged plan to commit an offence. The common intention to
of acts as a single act: the word "omission” denotes as well a series of commit the offence invites the application of section 34 of the Penal
omissions as a single omission. Code. In offences involving physical violence, the presence of the
Sec.-34. Acts done by several persons in furtherance of common accused at the scene of the occurrence renders him liable on the
intention.When a criminal act is done by several persons, in principle of joint liability but where the offence consists of diverse
furtherance of the common intention of all, each of such persons is liable acts and it may be committed at different times, the presence of the
for that act in the same manner as if it were done by him alone. accused at the scene of the occurrence is not necessary.
Commission of charge as to common intention—Non-mentioning
Case Law of section 34, Penal Code during his examination under section 342
Kazi Ranimul Islam vs State 62 DLR 6; To sustain a charge of
CrPC has not in any manner prejudiced the accused in their defence. It
abetment it is necessary that there must exist some evidence of an
is a mere irregularity which is curable and there has been no failure of
overt act so as to suggest a preconcert or to suggest the existence of a
justice for such non-mentioning. Abul Kashem vs State 42 DLR 378.
conspiracy, committed out of a common design to commit a particular
State vs Lieutenant Colonel Syed Farook Rahman 53 DLR
offience committed in consequence of the instigation or in the aid of
287.-Courts can not distinguish between co-conspirators nor can they
offence.
inquire, as to the part taken by each in the crime.
State vs Badiuzzaman, 25 DLR 41-Judicial statement— State vs Lieutenant Colonel Syed Farook Rahman 53 DLR
Incriminating portions of the judicial statements were corroborated by 287.-The common intention to bring about a particular result may well
other evidence on record. develop on the spot as between a number of persons with reference to
the facts and circumstances of the case.
The Penal Code, 1860 225 226 The Penal Code, 1860
State vs Lieutenant Colonel Syed Farook Rahman 53 DLR Z's death, knowingly co-operate in causing that effect by illegally
287.-Since section 34 merely lays down a principle of joint liability in omitting, each during the time of his attendance, to furnish Z with food
a criminal act, the fact that a person is charged constructively for the supplied to them for that purpose. Z dies of hunger. Both A and B are
offence by appending section 34 to the said offence does not affect the guilty of the murder of Z.
validity of the reference itself. (c) A, a jailor, has the charge of Z, a prisoner. A intending to
State vs Lieutenant Colonel Syed Farook Rahman 53 DLR cause Z's death, illegally omits to supply Z with food; in consequence of
287-If it is established that the offence which resulted was committed which Z is much reduced in strength, but the starvation is not sufficient to
in furtherance of the common intention of all the participants, the fact cause his death. A is dismissed from his office, and B succeeds him. B,
that any of them did not take part in the commission of that offence without collusion or co-operation with A, illegally omits to supply Z with
food, knowing that he is likely thereby to cause Z's death. Z dies of
will not prevent his being held liable for the offence.
hunger. B is guilty of murder, but, as A did not co-operate with B, A is
guilty only of an attempt to commit murder.
Sec.-35. When such an act is criminal by reason of its being done
with a criminal knowledge or intention.Whenever an act, which is Case Law
criminal only by reason of its being done with a criminal knowledge or AIR 1925 P C 1=52 Ind App 40=26 CriLJ 431 - Section 37 provides
intention, is done by several persons, each of such persons who joins in that, when several acts are done so as to result together in the commission
the act with such knowledge or intention is liable for the act in the same of an offence, the doing of any one of them, with an intention to co-
manner as if the act were done by him alone with that knowledge or operate in the offence (which may not be the same as an intention
intention. common to all) makes the actor liable to be punished for the commission
Sec.-36. Effect caused partly by act and partly by omission. of the offence.
Wherever the causing of a certain effect, or an attempt to cause that effect, 14 CriLJ 615=35 All 506 (DB) - Where three persons acting in
by an act or by an omission, is an offence, it is to be understood that the concert assaulted another with lathis and killed him, but two of the
causing of that effect partly by an act and partly by an omission is the accused were convicted and the third acquitted; it was held that the
same offence. acquittal was bad as each of the assailants must have intended to cause
Illustration death and were therefore all guilty of murder.
A intentionally causes Z's death, partly by illegally omitting to give Z AIR 1938 Pat 258 - Intentional cooperation must include action
food, and partly by beating Z. A has committed murder. which contributes to the offence and is done with the consciousness that
Sec.-37. Co-operation by doing one of several Acts constituting an the offence is on foot though without sharing the intention to commit that
offence.When an offence is committed by means of several acts, offence.
whoever intentionally co-operates in the commission of that offence by 52 IA 40; 52 Ceil 197, 211 - Section 38 provides for different
doing any one of those acts, either singly or jointly with any other person, punishments for different offences as an alternative to one punishment for
commits that offence. one offence, whether the persons engaged or concerned in the commission
Illustrations of the criminal act are set in motion by the one intention or by the other.
(a) A and B agree to murder Z by severally and at different times 2 CWN 23 - Where a quarrel arose between C on the one side and A
giving him small doses of poison. A and B administer the poison and B on the other, and C abused B, whereupon A struck him with a stick
according to the agreement with intent to murder Z. Z dies from the and B struck him down with an axe on the head and he had received two
effects of the several doses of poison so administered to him. Here A and other wounds, with the axe on other parts of the body, it was held that B
B intentionally co-operate in the commission of murder and as each of was guilty of culpable homicide while A was guilty of voluntarily causing
them does an act by which the death is caused, they are both guilty of the hurt.
offence though their acts are separate.
(b) A and B are joint jailors, and as such, have the charge of Z, a
prisoner, alternately for six hours at a time. A and B, intending to cause
The Penal Code, 1860 225 226 The Penal Code, 1860
Sec. 38. Persons concerned in criminal act may be guilty of 195, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331,
different offences:Where several persons are engaged or concerned in 347, 348, 388, 389 and 445, the word "offence" denotes a thing
the commission of a criminal act, they may be guilty of different offences punishable under this Code, or under any special or local law as
by means of that act. hereinafter defined.
Illustration And in sections 141, 176, 177, 201, 202, 212, 216 and 441 the word
A attacks Z under such circumstances of grave provocation that his "offence" has the same meaning when the thing punishable under the
killing of Z would be only culpable homicide not amounting to murder. B special or local law is punishable under such law with imprisonment for a
having ill-will towards Z and intending to kill him, and not having been term of six months or upwards, whether with or without fine.
subject to the provocation, assists A in killing Z. Here, though A and B are Sec.-41. “Special law”.A "special law" is a law applicable to a
both engaged in causing Z's death, B is guilty of murder, and A is guilty particular subject.
only of culpable homicide. Sec.-42. “Local law”.A "local law" is a law applicable only to a
Case Law particular part of the territories comprised in Bangladesh.
AIR 1925 PC 1=52 Ind App 40=26 CriLJ 431 - Section 38 provides Sec.-43. “Illegal” “Legally bound to do”.The word “illegal” is
for different punishments for different offences as an alternative to one applicable to everything which is an offence or which is prohibited by
punishment for one offence, whether the persons engaged in the law, or which furnishes ground for a civil action: and a person is said to
commission of the criminal act are set in motion by the one intention or be "legally bound to do" whatever it is illegal in him to omit.
by the other. Sec. 44. “Injury”.The word "injury" denotes any harm whatever
PLD 1968 SC 372=20 DLR 347+AIR 1936 Pat 481 (DB) - The illegally caused to any person, in body, mind, reputation or property.
principle of sections 38 and 110 applies to an offence under section 149 Sec.-45. “Life”:- The word "life" denotes the life of a human being,
and liability of individual members of an unlawful assembly under the unless the contrary appears from the context.
latter section depends on the intention or knowledge of the members. Sec.-46. “Death”:- The word "death" denotes the death of a human
AIR 1955 NC Peps 328 - Where A and B fire at and kill the deceased being, unless the contrary appears from the context.
without having any intention to cause death and without premeditation, Sec.-47. “Animal”:- The word "animal" denotes any living creature,
and it is not known who fired the fatal shot. They may both be convicted other than a human being.
of offences under section 307 and section 308 respectively. Sec.- 48. “Vessel”:- The word “vessel” denotes anything made for the
conveyance by water of human beings or of property.
Sec.-39. “Voluntarily”.A person is said to cause an effect Sec.-49. “Year” “Month”:- Wherever the word "year" or the word
"voluntarily" when he causes it by means whereby he intended to cause it, "month" is used, it is to be understood that the year or the month is to be
or by means which, at the time of employing those means, he knew or had reckoned according to the British calendar.
reason to believe to be likely to cause it. Sec.-50. “Section”.The word "section" denotes one of those
Illustration portions of a chapter of this Code which are distinguished by prefixed
A sets fire, by night, to an inhabited house in a large town, for the numeral figures.
purpose of facilitating robbery and thus causes the death of a person. Sec.-51. “Oath”.The word "oath" includes a solemn affirmation
Here, A may not have intended to cause death, and may even be sorry that substituted by law for an oath, and any declaration required or authorized
death has been caused by his act: yet, if he knew that he was likely to by law to be made before a public servant or to be used for the purpose of
cause death, he has caused death voluntarily. proof, whether in a Court of Justice or not.
Sec.-40. “Offence”.Except in the chapters and sections mentioned Sec.-52. “Good faith”.Nothing is said to be done or believed in
in clauses 2 and 3 of this section, the word "offence" denotes a thing made "good faith" which is done or believed without due care and attention.
punishable by this Code. Sec.-52A. “Harbour”.Except in section 157, and in section 130 in
In Chapter IV, Chapter VA and in the following sections, namely, the case in which the harbour is given by the wife or husband of the
sections 64, 65, 66, 67, 71, 109, 110, 112, 114, 115, 116, 117, 187, 194, person harboured, the word "harbour" includes the supplying a person
The Penal Code, 1860 225 226 The Penal Code, 1860
with shelter, food, drink, money, clothes, arms, ammunition or means of The infliction of punishment serves as a check on others who are evil-
conveyance, or the assisting a person by any means, whether of the same minded. But this theory is not absolutely correct for a hardened criminal
kind as those enumerated in this section or not, to evade apprehension. becomes accustomed to the severity of punishment and no amount of
deterrence prevents him from indulging in crime.
CHAPTER III 2. Preventive:
OF PUNISHMENTS It aims to prevent a repetition to the offence by the offender by such
penalties as imprisonment, death and exile. This form of punishment also
Sec. 53. Punishments.The punishments to which offenders are fails to achieve the desired end. Persons who visit jail once are habituated
liable under the provisions of this Code are. to it.
Firstly, Death; With the advancement of civilization death sentence has also become
 incongruous, for murders are in a large number of cases never
Secondly, Imprisonment for life; premeditated.
 3. Retributive:
Thirdly, [Omitted by the Criminal Law (Extinction of According to it the offender should be made to suffer in proportion to
 Discriminatory Privileges) Act 1949 (Act No. II of the injury caused to the victim, viz., and a tooth for a tooth or an eye for
1950]. an eye. It is a barbarous form of punishment and betrays an utter
Fourthly, Imprisonment, which is of two descriptions, ignorance of the causes that lead to crime.
 namely:- 4. Reformative:
(1) Rigorous, that is, with hard labour; The object of the punishment must not be to wreak vengeance but so
(2) Simple; to reform the criminal as to prevent him from further crime. Crime like all
Fifthly, Forfeiture of property; other diseases should be properly diagnosed and treated scientifically.
 Crime is a malady and the aim of every punishment should be the
Sixthly, Fine. reclamation of the offender by prescribing proper treatment.
Uninvestigated criminals are an expensive luxury. The message of

Mahatma Gandhi ‘Hate the sin and not the sinner’, should guide the
[Explanation.-In the punishment of imprisonment for life, the
reformer in adopting a judicious penal policy.
imprisonment shall be rigorous.]12
For the society contains within itself the germs of all the crimes that
SectionAnalysis
are about to be committed, and the criminal is only the instrument which
Object of Punishment:
executes them. In the new era of prison reform medical treatment on the
The principal object of punishment is the prevention of offence, and a
basis of the study of the causative factors of crime will play a very
national penal policy of the State should aim to protect the society and
important part.
reclaim the criminal by evolving measures to prevent people from
committing crimes.
There are, however, four different theories of punishment, viz., Sec. 53A. Construction of reference to transportation.(1) Subject
Deterrent, Preventive, Retributive and Reformative. to the provisions of sub-section (2), any reference to “transportation for
1. Deterrent: life” in any other law for the time being in force shall be construed as a
The object of criminal justice in awarding punishment, according to reference to “imprisonment for life”.
this theory is to deter people from committing a crime. Commission of (2) Any reference to transportation for a term or to transportation for a
offences must be made as a bad bargain for the offender. shorter term (by whatever named called) in any other law for the time
being in force shall be deemed to have been omitted.
12
(3) Any reference to “transportation” in any other law for the time
The explanation was added by section 2 of the Penal Code (Amendment) Ordinance, 1985 being in force shall
(Ordinance No. XLI of 1985)
The Penal Code, 1860 225 226 The Penal Code, 1860
(a) if the expression means transportation for life, be construed as a imprisonment for life should be treated as imprisonment for thirty
reference to imprisonment for life; years.
(b) if the expression means transportation for any shorter term, be It was opined in the case of Farid Ali vs. State,13 normal sentence
deemed to have been omitted. under section 302 of the Penal Code is death but under some
Sec. 54. Commutation of sentence of death.In every case in which extenuating circumstances it may be imprisonment for life but such
sentence of death shall have been passed, the Government may, without sentence can never be 30 years taking the aid of section 57 of the
the consent of the offender, commute the punishment for any other Code.
punishment provided by this Code.
COMMENTARY Sec. 58. [Omitted]:- [Omitted by section 6 of the Penal Code
(Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985).]
The principles governing the mitigation of punishments are – Sec. 59. [Omitted]:- [Omitted by section 6 of the Penal Code
1. Whether the offence was committed as a result of (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985).]
momentary impulse provocation; Sec. 60. Sentence may be (in certain cases of imprisonment, wholly
2. In excess of the right of private defence; or partly rigorous or simple.In every case in which an offender is
3. Absence of criminality or bad intention in the act; punishable with imprisonment which may be of either description, it shall
4. State of health of the accused; be competent to the Court which sentences such offender to direct in the
5. Sex of the accused; sentence that such imprisonment shall be wholly rigorous, or that such
6. In the course of self-protection of himself or his friends; imprisonment shall be wholly simple, or that any part of such
imprisonment shall be rigorous and the rest simple.
7. Submission to menaces;
Sec. 61. [Repealed]:- [Repealed by section 4 of the Indian Penal
8. Submission to authority;
Code (Amendment) Act, 1921 (Act No. XVI of 1921).]
9. Drunkenness; Sec. 62. [Repealed]:- [Repealed by section 4 of the Indian Penal
10. Childhood; Code (Amendment) Act, 1921 (Act No. XVI of 1921).]
Sec. 63. Amount of fine.Where no sum is expressed to which a fine
Sec. 55. Commutation of sentence of imprisonment for life.In may extend, the amount of fine to which the offender is liable is
every case in which sentence of imprisonment for life shall have been unlimited, but shall not be excessive.
passed, the Government may, without the consent of the offender,
Sec. 64. Sentence of imprisonment for non-payment of fine.In
commute the punishment for imprisonment of either description for a
every case of an offence punishable with imprisonment as well as fine, in
term not exceeding twenty years.
which the offender is sentenced to a fine, whether with or without
55A. Saving for President’s prerogative.Nothing in section fifty- imprisonment,
four or section fifty-five shall derogate from the right of the President to and in every case of an offence punishable with imprisonment or fine,
grant pardons, reprieves, respites or remissions of punishment. or with fine only, in which the offender is sentenced to a fine,
Sec. 56. [Repealed]:- [Repealed by Schedule of the Criminal Law it shall be competent to the Court which sentences such offender to
(Extinction of Discriminatory Privileges Act, 1949 (Act No. II of 1950).] direct by the sentence that, in default of payment of the fine, the offender
Sec. 57. Fractions of terms of punishment.In calculating fractions shall suffer imprisonment for a certain term, which imprisonment shall be
of terms of punishment, imprisonment for life shall be reckoned as in excess of any other imprisonment to which he may have been
equivalent to rigorous imprisonment for thirty years. sentenced or to which he may be liable under a commutation of a
COMMENTARY sentence.
This section provides that for purposes of calculation of fractions Sec. 65. Limit to imprisonment for non-payment of fine, when
of punishment that an imprisonment for life is reckoned as imprisonment and fine awardable.The term for which the Court
imprisonment for thirty years. This does not mean that for all purposes 13
4 BLC 27
The Penal Code, 1860 225 226 The Penal Code, 1860
directs the offender to be imprisoned in default of payment of a fine shall thereof which remains unpaid, may be levied at any time within six years
not exceed one-fourth of the term of imprisonment which is the maximum after the passing of the sentence, and if, under the sentence, the offender
fixed for the offence, if the offence be punishable with imprisonment as be liable to imprisonment for a longer period then six years, then at any
well as fine. time previous to the expiration of that period; and the death of the
Sec. 66. Description of imprisonment for non-payment of offender does not discharge from the liability any property which would,
fine.The imprisonment which the Court imposes in default of payment after his death, be legally liable for his debts.
of a fine may be of any description to which the offender might have been Sec. 71. Limit of punishment of offence made up of several
sentenced for the offence. offences.Where anything which is an offence is made up of parts, any of
Sec. 67. Imprisonment for non-payment of fine, when offence which parts is itself an offence, the offender shall not be punished with the
punishable with fine only.If the offence be punishable with fine only, punishment of more than one of such his offences, unless it be so expressly
the imprisonment which the Court imposes in default of payment of the provided.
fine shall be simple, and the term for which the Court directs the offender Where anything is an offence falling within two or more separate
to be imprisoned, in default of payment of fine, shall not exceed the definitions of any law in force for the time being by which offences are
following scale, that is to say, for any term not exceeding two months defined or punished or
when the amount of the fine shall not exceed fifty taka, and for any term Where several acts, of which one or more than one would by itself or
not exceeding four months when the amount shall not exceed one hundred themselves constitute an offence, constitute, when combined, a different
taka, and for any term not exceeding six months in any other case. offence,
Sec. 68. Imprisonment to terminate on payment of fine.The the offender shall not be punished with a more severe punishment than
imprisonment which is imposed in default of payment of a fine shall the Court which tries him could award for any one of such offences.
terminate whenever that fine is either paid or levied by process of law. Illustrations
Sec. 69. Termination of imprisonment on payment of propor-tional (a) A gives Z fifty strokes with a stick. Here A may have committed the
part of fine.If, before the expiration of the term of imprisonment fixed offence of voluntarily causing hurt to Z by the whole beating, and also by
in default of payment, such a proportion of the fine be paid or levied that each of the blows which make up the whole beating. If A were liable to
the term of imprisonment suffered in default of payment is not less than punishment for every blow, he might be imprisoned for fifty years, one for
proportional to the part of the fine still unpaid, the imprisonment shall each blow. But he is liable only to one punishment for the whole beating.
terminate. (b) But if, while A is beating Z, Y interferes, and A intentionally strikes
Illustration Y, here, as the blow given to Y is no part of the act whereby A voluntarily
A is sentenced to a fine of one hundred taka and four months causes hurt to Z, A is liable to one punishment for voluntarily causing hurt
imprisonment in default of payment. Here, if seventy-five taka of the fine to Z, and to another for the blow given to Y.
be paid or levied before the expiration of one month of the imprisonment,
A will be discharged as soon as the first month has expired. If seventy- Sec. 72. Punishment of person guilty of one of several offences, the
five taka be paid or levied at the time of the expiration of the first month judgment stating that it is doubtful of which.In all cases in which
or at any later time while A continues in imprisonment, A will be judgment is given that a person is guilty of one of several offences specified
immediately discharged. If fifty taka of the fine be paid or levied before in the judgment, but that it is doubtful of which these offences he is guilty,
the expiration of the two months of the imprisonment, A will be the offender shall be punished for the offence for which the lowest
discharged as soon as the two months are completed. If fifty taka be paid punishment is provided if the same punishment is not provided for all.
or levied at the time the expiration of those two months or at any later Sec. 73. Solitary confinement.Whenever any person is convicted of
time while A continues in imprisonment, A will be immediately an offence for which under this Code the Court has power to sentence him
discharged. to rigorous imprisonment, the Court may, by its sentence, order that the
Sec.70. Fine leviable within six years, or during imprisonment offender shall be kept in solitary confinement for any portion or portions of
Death not to discharge property from liability.The fine, or any part
aviv-75

The Penal Code, 1860 225 226 The Penal Code, 1860
the imprisonment to which he is sentenced, not exceeding three months in
the whole, according to the following scale, that is to say
a time not exceeding one month if the term of imprison-ment shall not
CHAPTER IV
exceed six months;
a time not exceeding two months if the term of imprisonment shall GENERAL EXCEPTIONS
exceed six months and shall not exceed one year:
a time not exceeding three months if the term of imprisonment shall Sec. 76. Act done by a person bound, or by mistake of fact
exceed one year. believing himself bound, by law.Nothing is an offence which is done
Sec. 74. Limit of solitary confinement.In executing a sentence of by a person who is, or who by reason of a mistake of fact and not by
solitary confinement, such confinement shall in no case exceed fourteen reason of a mistake of law in good faith believes himself to be, bound by
days at a time, with intervals between the periods of solitary confinement of law to do it.
not less duration than such periods, and when the imprisonment awarded Illustrations
shall exceed three months, the solitary confinement shall not exceed seven (a) A, a soldier, fires on a mob by the order of his superior officer, in
days in any one month of the whole imprisonment awarded, with intervals conformity with the commands of the law. A has committed no offence.
between the periods of solitary confinement of not less duration than such (b) A, an officer of a Court of Justice, being ordered by that Court to
periods. arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has
Sec. 75. Enhanced punishment for certain offences under Chapter committed no offence.
XII or Chapter XVII after previous conviction. Whoever, having been Sec. 77. Act of judge when acting judicially.Nothing is an offence
convicted, which is done by a Judge when acting judicially in the exercise of any
(a) by a Court in Bangladesh of an offence punishable under Chapter power which is, or which in good faith he believes to be, given to him by
XII or Chapter XVII of this Code with imprisonment of either description law.
for a term of three years or upwards; Sec. 78. Act done pursuant to the judgment or order of
(b) [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws Court.Nothing which is done in pursuance of, or which is warranted by
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973).] the judgment or order of, a Court of Justice, if done whilst such judgment
shall be guilty of any offence punishable under either of those Chapters or order remains in force, is an offence, notwithstanding the Court may
with like imprisonment for the like term, shall be subject for every such have had no jurisdiction to pass such judgment or order, provided the
subsequent offence to imprisonment for life, or to imprisonment of either person doing the act in good faith believes that the Court had such
description for a term which may extend to ten years. jurisdiction.
Sec. 79. Act done by a person justified, or by mistake of fact
believing himself justified, by law.Nothing is an offence which is
done by any person who is justified by law, or who by reason of a mistake
of fact and not by reason of a mistake of law in good faith, believes
himself to be justified by law, in doing it.
Illustration
A sees Z commit what appears to A to be a murder. A, in the exercise,
to the best of his judgment, exerted in good faith of the power which the
law gives to all persons of apprehending murderers in the act, seizes Z, in
order to bring Z before the proper authorities. A has committed no
offence, though it may turn out that Z was acting in self-defence.
Sec. 80. Accident in doing a lawful act.Nothing is an offence
which is done by accident or misfortune, and without any criminal
aviv-81

The Penal Code, 1860 225 226 The Penal Code, 1860
intention or knowledge in the doing of a lawful act in a lawful manner by maturity of understanding to judge of the nature and consequences of his
lawful means and with proper care and caution. conduct on that occasion.
Illustration Sec. 84. Act of a person of unsound mind.Nothing is an offence
A is at work with a hatchet; the head flies off and kills a man who is which is done by a person who, at the time of doing it, by reason of
standing by. Here if there was no want of proper caution on the part of A, unsoundness of mind, is incapable of knowing the nature of the act, or
his act is excusable and not an offence. that he is doing what is either wrong or contrary to law.
Sec. 81. Act likely to cause harm, but done without criminal intent
Case Law
and to prevent other harm.Nothing is an offence merely by reason of
its being done with the knowledge that it is likely to cause harm, if it be An act of a person of unsound mind, who at the time of doing it,
done without any criminal intention to cause harm, and in good faith for by reason of unsoundness of his mind, is incapable of knowing the
the purpose of preventing or avoiding other harm to person or property. nature of the act, is not an offence. The burden to prove insanity lies
Explanation.-It is a question of fact in such a case whether the harm upon the defence. State vs Nazrul Islam @ Nazrul 57 DLR 289.
to be prevented or avoided was of such a nature and so imminent as to If the accused wants to bring his acts within any one or more of
justify or excuse the risk of doing the act with the knowledge that it was the general exceptions enumerated in Chapter IV of the Penal Code, it
likely to cause harm. is for him to prove that his acts are so covered under any of those
Illustrations general exceptions. Nikhil Chandra Haider vs State 54 DLR 148.
(a) A, the captain of a steam vessel, suddenly and without any fault or The legal test as laid down by section 84 requires that the accused
negligence on his part, finds himself in such a position that, before he can at the time of committing the crime was in such a state of mind, so
stop his vessel, he must inevitably run down a boat B, with twenty or much so, that he was incapable of knowing the nature of consequence
thirty passengers on board, unless he changes the course of his vessel, and
of his act or that what he was doing was either wrong or contrary to
that, by changing his course, he must incur risk of running down a boat C
law. Nikhil Chandra Halder vs State 54 DLR 148.
with only two passengers on board, which he may possibly clear. Here, if
The duty is generally cast upon the prosecution to negative any
A alters his course without any intention to run down the boat C and in
good faith for the purpose of avoiding the danger to the passengers in the special defence raised by the accused. Nikhil Chandra Haider vs
boat B, he is not guilty of an offence, though he may run down the boat C State 54 DLR 148.
by doing an act which he knew was likely to cause that effect, if it be
found as a matter of fact that the danger which he intended to avoid was Sec. 85. Act of a person incapable of judgment by reason of
such as to excuse him in incurring the risk of running down C. intoxication caused against his will.Nothing is an offence which is
(b) A, is a great fire, pulls down houses in order to prevent the done by a person who, at the time of doing it, is, by reason of intoxication,
conflagration from spreading. He does this with intention in good faith of incapable of knowing the nature of the act, or that he is doing what is
saving human life or property. Here if it be found that the harm to be either wrong, or contrary to law: provided that the thing which intoxicated
prevented was of such a nature and so imminent as to excuse A's act, A is him was administered to him without his knowledge or against his will.
not guilty of the offence. Sec. 86. Offence requiring a particular intent or knowledge
Sec. 82. Act of a child under nine years of age.Nothing is an committed by one who is intoxicated.In cases where an act done is
offence which is done by a child under14[nine] years of age. not an offence unless done with a particular knowledge or intent, a person
Sec. 83. Act of a child above nine and under twelve of immature who does the act in a state of intoxication shall be liable to be dealt with
understanding.Nothing is an offence which is done by a child above as if he had the same knowledge as he would have had if he had not been
nine years of age and under twelve, who has not attained sufficient intoxicated, unless the thing which intoxicated him was administered to
him without his knowledge or against his will.
Sec. 87. Act not intended and not known to be likely to cause death
14
. The word “nine” was substituted, for the word “seven” by the Penal Code
or grievous hurt, done by consent.Nothing which is not intended to
(Amendment) Act, 2004 (Act No. XXIV of 2004), sections 2 and 3. cause death, or grievous hurt, and which is not known by the doer to be
aviv-91

The Penal Code, 1860 225 226 The Penal Code, 1860
likely to cause death, or grievous hurt, is an offence by reason of any Fourthly.-That this exception shall not extend to the abetment of any
harm which it may cause, or be intended by the doer to cause, to any offence, to the committing of which offence it would not extend.
person, above eighteen years of age, who has given consent, whether Illustration
express or implied, to suffer that harm; or by reason of any harm which it A, in good faith, for his child's benefit without his child's consent, has
may be known by the doer to be likely to cause to any such person who his child cut for the stone by a surgeon, knowing it to be likely that the
has consented to take the risk of that harm. operation will cause the child's death, but not intending to cause the
Illustration child's death. A is within the exception, inasmuch as his object was the
A and B agree to fence with each other for amusement. This cure of the child.
agreement implies the consent of each to suffer any harm which in the Sec. 90. Consent known to be given under fear or
course of such fencing, may be caused without foul play; and if A, while misconception.A consent is not such a consent as is intended by any
playing fairly, hurts Z, A commits no offence. section of this Code, if the consent is given by a person under fear of
Sec. 88. Act not intended to cause death, done by consent in good injury, or under a misconception of fact, and if the person doing the act
faith for person’s benefit.Nothing, which is not intended to cause knows, or has reason to believe, that the consent was given in
death, is an offence by reason of any harm which it may cause, or be consequence of such fear or misconception; or
intended by the doer to cause, or be known by the doer to be likely to Consent of insane person: If the consent is given by a person who,
cause, to any person for whose benefit it is done in good faith, and who from unsoundness of mind, or intoxication, is unable to understand the
has given a consent, whether express or implied, to suffer that harm, or to nature and consequence of that to which he gives his consent; or
take the risk of that harm. Consent of child: Unless the contrary appears from the context, if
Illustration the consent is given by a person who is under twelve years of age.
A, a surgeon, knowing that a particular operation is likely to cause the Sec. 91 Exclusion of acts which are offences independently of harm
death of Z, who suffers under the painful complaint, but not intending to caused.The exceptions in sections 87, 88 and 89 do not extend to acts
cause Z's death, and intending, in good faith Z's benefit, performs that which are offences independently of any harm which they may cause, or
operation on Z, with Z's consent. A has committed no offence. be intended to cause, or be known to be likely to cause, to the person
giving the consent, or on whose behalf the consent is given.
Sec. 89. Act done in good faith for benefit of child or insane Illustration
person, by or by consent of guardian.Nothing which is done in good Causing miscarriage (unless caused in good faith for the purpose of
faith for the benefit of a person under twelve years of age, or of unsound saving the life of woman) is an offence independently of any harm which
mind, by or by consent, either express or implied, of the guardian or other it may cause or be intended to cause to the woman. Therefore, it is not an
person having lawful charge of that person, is an offence by reason of any offence “by reason of such harm”; and the consent of the woman or of her
harm which it may cause, or be intended by the doer to cause or be known guardian to the causing of such miscarriage does not justify the act.
by the doer to be likely to cause to that person: Sec. 92. Act done in good faith for benefit of a person without
Provided- consent.Nothing is an offence by reason of any harm which it may
Firstly.-That this exception shall not extend to the intentional causing cause to a person for whose benefit it is done in good faith, even without
of death, or to the attempting to cause death; that person's consent, if the circumstances are such that it is impossible
Secondly.-That this exception shall not extend to the doing of for that person to signify consent, or if that person is incapable of giving
anything which the person doing it knows to be likely to cause death, for consent, and has no guardian or other person in lawful charge of him from
any purpose other than the preventing of death or grievous hurt; or the whom it is possible to obtain consent in time for the thing to be done with
curing of any grievous disease or infirmity; benefit:
Thirdly.-That this exception shall not extent to the voluntary causing Provided-
of grievous hurt, or to the attempting to cause grievous hurt, unless it be Firstly.-That this exception shall not extend to the intentional causing
for the purpose of preventing death or grievous hurt, or the curing of any of death, or the attempting to cause death;
grievous disease or infirmity;
The Penal Code, 1860 225 226 The Penal Code, 1860
Secondly.-That this exception shall not extend to the doing of instant death to that person will otherwise be the consequence: Provided
anything which the person doing it knows to be likely to cause death, for the person doing the act did not of his own accord, or from a reasonable
any purpose other than the preventing of death or grievous hurt, or the apprehension of harm to himself short of instant death, place himself in
curing of any grievous disease or infirmity; the situation by which he became subject to such constraint.
Thirdly.-That this exception shall not extend to the voluntary causing Explanation 1.-A person who, of his own accord, or by reason of a
of hurt, or to the attempting to cause hurt, for any purpose other than the threat of being beaten, joins a gang of dacoits, knowing their character, is
preventing of death or hurt; not entitled to the benefit of this exception on the ground of his having
Fourthly.-That this exception shall not extend to the abetment of any been compelled by his associates to do anything that is an offence by law.
offence, to the committing of which offence it would not extend. Explanation 2.-A person seized by a gang of dacoits, and forced by
Illustrations threat of instant death, to do a thing which is an offence by law; for
(a) Z is thrown from his horse, and is insensible. A, a surgeon, finds example, a smith compelled to take his tools and to force door of a house
that Z requires to be trepanned. A not intending Z's death but in good faith for the dacoits to enter and plunder it, is entitled to the benefit of this
for Z's benefit, performs the trepan before Z recovers his power of exception.
judging for himself. A has committed no offence.
(b) Z is carried off by a tiger. A fires at the tiger knowing it to be likely Sec. 95. Act causing slight harm.Nothing is an offence by reason
that the shot may kill Z, but not intending to kill Z, and in good faith that it causes, or that it is intended to cause, or that it is known to be likely
intending Z's benefit. A's ball gives Z a mortal wound. A has committed to cause, any harm, if that harm, is so slight that no person of ordinary
no offence. sense and temper would complain of such harm.
(c) A, a surgeon, sees a child suffer an accident which is likely to Of the Right of the Private Defence
prove fatal unless an operation be immediately performed. There is no Sec. 96. Things done in private defence.Nothing is an offence
time to apply to the child's guardian. A performs the operation inspite of which is done in the exercise of the right of private defence.
the entreaties of the child, intending, in good faith, the child's benefit. A Sec. 97. Right of private defence of the body and of
has committed no offence. property.Every person has a right, subject to the restrictions contained
(d) A is in a house which is on fire, with Z, a child. People below hold in section 99, to defend
out a blanket. A drops the child from the housetop, knowing it to be likely Firstly.-His own body, and the body of any other person against any
that the fall may kill the child, but not intending to kill the child, and offence effecting the human body;
intending, in good faith, the child's benefit. Here even if the child is killed Secondly.-The property, whether moveable or immovable, of himself
by the fall, A has committed no offence. or of any other person, against any act which is an offence falling under
Explanation.-Mere pecuniary benefit is not benefit within the the definition of theft, robbery, mischief or criminal trespass, or which is
meaning of sections 88, 89 and 92. an attempt to commit theft, robbery, mischief or criminal trespass.
Sec. 93. Communication made in good faith.No communication Sec. 98. Right of private defence against the act of a person of
made in good faith is an offence by reason of any harm to the person to unsound mind, etc.When an act, which would otherwise be a certain
whom it is made, if it is made for the benefit of that person. offence is not that offence, by reason of the youth, the want of maturity of
Illustration understanding, the unsoundness of mind or the intoxication of the person
A, a surgeon, in good faith, communicates to a patient his opinion that doing that act or by reason of any misconception on the part of that
he cannot live. The patient dies in consequence of the shock. A has person, every person has the same right of private defence against that act
committed no offence, though he knew it to be likely that the which he would have if the act were that offence.
communication might cause the patient's death. Illustrations
Sec. 94. Act to which a person is compelled by threats. Except (a) Z, under the influence of madness, attempts to kill A; Z is guilty of
murder, and offences against the State punishable with death, nothing is no offence. But A has the same right of private defence which he would
an offence which is done by a person who is compelled to do it by threats, have if Z were sane.
which, at the time of doing it, reasonably cause the apprehension that
The Penal Code, 1860 225 226 The Penal Code, 1860
(b) A enters by night a house which he is legally entitled to enter. Z, in Fourthly.An assault with the intention of gratifying unnatural lust;
good faith, taking A for a house-breaker, attacks A. Here Z, by attacking A Fifthly.An assault with the intention of kidnapping or abducting;
under this misconception, commits no offence. But A has the same right Sixthly.An assault with the intention of wrongfully confining a person,
of private defence against Z, which he would have if Z were not acting under circumstances which may reasonably cause him to apprehend that
under that misconception. he will be unable to have recourse to the public authorities for his release.
Sec. 99. Acts against which there is no right private defence. Sec. 101. When such right extends to causing any harm other than
There is no right of private defence against an act which does not death.If the offence be not of any of the descriptions enumerated in the
reasonably cause the apprehension of death or of grievous hurt, if done, or last preceding section, the right of private defence of the body does not
attempted to be done by a public servant acting in good faith under colour extend to the voluntary causing of death to the assailant, but does extend,
of his office, though that act may not be strictly justifiable by law. under the restrictions mentioned in section 99 to the voluntary causing to
There is no right of private defence against an act which does not the assailant of any harm other than death.
reasonably cause the apprehension of death or of grievous hurt, if done, or Sec. 102. Commencement and continuance of the right of private
attempted to be done, by the direction of a public servant acting in good defence of the body.The right of private defence of the body
faith under colour of his office, though that act may not be strictly commences as soon as a reasonable apprehension of danger to the body
justifiable by law. arises from an attempt or threat to commit the offence though the offence
There is no right of private defence in cases in which there is time to may not have been committed; and it continues as long as such,
have recourse to the protection of the public authorities. apprehension of danger to the body continues.
Extent to which the right may be exercised.The right of private Sec. 103. When the right of private defence of property extends to
defence in no case extends to the inflicting of more harm than it is causing death.The right of private defence of property extends, under
necessary to inflict for the purpose of defence. the restrictions mentioned in section 99, to the voluntary causing of death
Explanation 1.A person is not deprived of the right of private or of any other harm to the wrong-doer, if the offence, the committing of
defence against an act done, or attempted to be done, by a public servant, which, or the attempting to commit which, occasions the exercise of the
as such unless he knows, or has reason to believe, that the person doing right, be an offence of any of the descriptions hereinafter enumerated,
the act is such public servant. namely:-
Explanation 2.A person is not deprived of the right of private Firstly.-Robbery;
defence against an act done or attempted to be done, by the direction of a Secondly.-House-breaking by night;
public servant, unless he knows or has reason to believe, that the person Thirdly.-Mischief by fire committed on any building, tent or vessel,
doing the act is acting by such direction or unless such person states the which building, tent or vessel is used as a human dwelling or as a place
authority under which he acts or if he has authority in writing, unless he for the custody of property;
produces such authority, if demanded. Fourthly.-Theft, mischief or house-trespass, under such circumstances
Sec.-100. When the right of private defence of the body extends to as may reasonably cause apprehension that death or grievous hurt will be
causing death.The right of private defence of the body extends, under the consequence, if such right of private defence is not exercised;
the restrictions mentioned in the last preceding section, to the voluntary Sec. 104. When such right extends to causing any harm other than
causing of death or of any other harm to the assailant, if the offence which death.If the offence, the committing of which, or the attempting to
occasions the exercise of the right be of any of the descriptions hereinafter commit which, occasions the exercise of the right of private defence, be
enumerated, namely: theft, mischief, or criminal trespass, not of any of the descriptions
Firstly.Such an assault as may reasonably cause the apprehension enumerated in the last preceding section, that right does not extend to the
that death will otherwise be the consequence of such assault; voluntary causing of death, but does extend, subject to the restrictions
Secondly.Such an assault as may reasonably cause the apprehension mentioned in section 99, to the voluntary causing to the wrong-doer of
that grievous hurt will otherwise be the consequence of such assault; any harm other than death.
Thirdly.An assault with the intention of committing rape;
The Penal Code, 1860 225 226 The Penal Code, 1860
Sec. 105. Commencement and continuance of the right of private
defence of property.The right of private defence of property CHAPTER V
commences when a reasonable apprehension of danger to the property OF ABETMENT
commences.
The right of private defence of property against theft continues till the Sec. 107. Abetment of a thing.A person abets the doing of a thing,
offender has effected his retreat with the property or either the assistance who-
of the public authorities is obtained or the property has been recovered.
Firstly.Instigates any person to do that thing; or
The right of private defence of property against robbery continues as
Secondly.Engages with one or more other person or persons in any
long as the offender causes or attempts to cause to any person death or
conspiracy for the doing of that thing, if an act or illegal omission takes
hurt or wrongful restraint or as long as the fear of instant death or of
place in pursuance of that conspiracy, and in order to the doing of that
instant hurt or of instant personal restraint continues.
thing; or
The right of private defence of property against criminal trespass or
Thirdly.Intentionally aids, by any act or illegal omission, the doing
mischief continues as long as the offender continues in the commission of
of that thing.
criminal trespass or mischief.
The right of private defence of property against house-breaking by Explanation 1.A person who, by wilful misrepresenta-tion, or by
night continues as long as the house-trespass which has been begun by wilful concealment of a material fact which he is bound to disclose,
such house-breaking continues. voluntarily causes or procures or attempts to cause or procure, a thing to
Sec. 106. Right of private defence against deadly assault when be done, is said to instigate the doing of that thing.
there is risk of harm to innocent person.If in the exercise of the right Illustration
of private defence against an assault which reasonably causes the A, a public officer, is authorized by a warrant from a Court of Justice
apprehension of death, the defender be so situated that he cannot to apprehend Z. B, knowing that fact and also that C is not Z, wilfully
effectually exercise that right without risk of harm to an innocent person, represents to A that C is Z, and thereby intentionally causes A to
his right of private defence extends to the running of that risk. apprehend C. Here B abets by instigation the apprehension of C.
Illustration Explanation 2.-Whoever, either prior to or at the time of the
A is attacked by a mob who attempt to murder him. He cannot commission of an act, does anything in order to facilitate the commission
effectually exercise his right of private defence without firing on the mob, of that act, and thereby facilitates the commission thereof, is said to aid
and he cannot fire without risk of harming young children who are the doing of that act.
mingled with the mob. A commits no offence if by so firing he harms any Sec. 108. Abettor.A person abets an offence, who abets either the
of the children. commission of an offence, or the commission of an act which would be an
offence, if committed by a person capable by law of committing an
offence with the same intention or knowledge as that of the abettor.
Explanation 1.The abetment of the illegal omission of an act may
amount to an offence although the abettor may not himself be bound to do
that act.
Explanation 2.To constitute the offence of abetment it is not
necessary that the act abetted should be committed, or that the effect
requisite to constitute the offence should be caused.
Illustrations
(a) A instigates B to murder C. B refuses to do so. A is guilty of
abetting B to commit murder.
aviv-108

The Penal Code, 1860 225 226 The Penal Code, 1860
(b) A instigates B to murder D. B in pursuance of the instigation stabs Explanation 5.It is not necessary to the commission of the offence
D. D recovers from the wound. A is guilty of instigating B to commit of abetment by conspiracy that the abettor should concert the offence with
murder. the person who commits it. It is sufficient if he engages in the conspiracy
Explanation 3.It is not necessary that the person abetted should be in pursuance of which the offence is committed.
capable by law of committing an offence or that he should have the same Illustration
guilty intention or knowledge as that of the abettor or any guilty intention A concerts with B a plan for poisoning Z. It is agreed that A shall
or knowledge. administer the poison. B then explains the plan to C mentioning that a
Illustrations third person is to administer the poison, but without mentioning A's name.
(a) A, with a guilty intention, abets a child or a lunatic to commit an C agrees to procure the poison, and procures and delivers it to B for the
act which would be an offence, if committed by a person capable by law purpose of its being used in the manner explained. A administers the
of committing an offence, and having the same intention as A. Here A, poison; Z dies in consequence. Here, though A and C have not conspired
whether the act be committed or not, is guilty of abetting an offence. together, yet C has been engaged in the conspiracy in pursuance of which
(b) A, with the intention of murdering Z, instigates B, a child under Z has been murdered. C has therefore committed the offence defined in
seven years of age, to do an act which causes Z's death. B, in consequence this section and is liable to the punishment for murder.
of the abetment, does the act in the absence of A and thereby, causes Z's 15
[Sec. 108A. Abetment in Bangladesh, of offences outside it.A
death. Here, though B was not capable by law of committing an offence, person abets an offence within the meaning of this Code who, in
A is liable to be punished in the same manner as if B had been capable by Bangladesh, abets the commission of any act without and beyond
law of committing an offence, and had committed murder and he is Bangladesh which would constitute an offence committed in Bangladesh.
therefore subject to the punishment of death. Abetment in Bangladesh of offences outside it
(c) A instigates B to set fire to a dwelling-house. B, in consequence of Illustration
the unsoundness of his mind, being incapable of knowing the nature of the A, in Bangladesh, instigates B, a foreigner in Goa, to commit a murder
act, or that he is doing what is wrong or contrary to law, sets fire to the in Goa. A is guilty of abetting murder.]
house in consequence of A’s instigation. B has committed no offence, but Sec. 109. Punishment of abetment if the act abetted is committed
A is guilty of abetting the offence of setting fire to a dwelling-house, and in consequence and where no express provision is made for its
is liable to the punishment provided for that offence. punishment.Whoever abets any offence shall, if the act abetted is
(d) A intending to cause a theft to be committed, instigates B to take committed in consequence of the abetment, and no express provision is
property belonging to Z out of Z's possession. A induces B to believe that made by this Code for the punishment of such abetment, be punished with
the property belongs to A. B takes the property out of Z's possession, in the punishment provided for the offence. Punishment of abetment if the
good faith, believing it to be A's property. B, acting under this act abetted is committed in consequence and where no express provision
misconception, does not take dishonestly, and therefore does not commit is made for its punishment
theft. But A is guilty of abetting theft, and is liable to the same Explanation.-An act or offence is said to be committed in
punishment as if B had committed theft. consequence of abetment, when it is committed in consequence of the
Explanation 4.The abetment of an offence being an offence, the instigation, or in pursuance of the conspiracy, or with the aid which
abetment of such an abetment is also an offence. constitutes the abetment.
Illustration Illustrations
A instigates B to instigate C to murder Z. B accordingly instigates C to (a) A offers a bribe to B, a public servant, as a reward for showing A
murder Z, and C commits that offence in consequence of B's instigation. some favour in the exercise of B's official functions. B accepts the bribe.
B is liable to be punished for his offence with the punishment for murder; A has abetted the offence defined in section 161.
and, as A instigated B to commit the offence, A is also liable to the same
punishment.
15
Section 108A was added by section 3 of the Indian Penal Code (Amendment) Act, 1898 (Act
No. IV of 1898)
The Penal Code, 1860 225 226 The Penal Code, 1860
(b) A instigates B to give false evidence. B, in consequence of the Government of Bangladesh vs Sabera Aman 62 DLR (AD)
instigation commits that offence. A is guilty of abetting that offence, and 246.-Bail in a pending appeal—The matter of granting bail by the
is liable to the same punishment as B. High Court Division, during the period of emergency, in a pending
(c) A and B conspire to poison Z. A, in pursuance of the conspiracy, appeal filed by the convict who has been convicted and sentenced
procures the poison and delivers it to B in order that he may administer it under the provision of Anti-Corruption Commission Act, 2004 in case
to Z. B, in pursuance of the conspiracy, administers the poison to Z in A's of short sentence not exceeding 3 years, when the appeal could not be
absence and thereby causes Z's death. Here B is guilty of murder. A is disposed of within 90 working days for no fault of the appellant and/or
guilty of abetting that offence by conspiracy, and is liable to the in the case of serious illness endangering life to be certified by duly
punishment for murder. constituted Medical Board, may consider the matter of granting bail in
Case Law an appropriate case in an appeal.
Section-109
Anti-Corruption Commission vs Shamima Begum 62 DLR
Mostain Mollah vs State 44 DLR 295.-Abetment of offence—
(AD) 77.-Section 109 of the Penal Code is included in paragraph 'Gha'
Mere presence of the accused near the place of occurrence does not
of the schedule to the ACC Act, 2004 for abetment to any offence
constitute the offence of abetment. Intentional aiding and active
under the schedule is committed by any sort of involvement or
complicity is the gist of the offence in the absence of which the charge
complicity. Such offence could never be intended or could be a
of abetment must fail.
substantive offence. The High Court Division held that no such
Belal Ahmed vs State 40 DLR 154.-Common intention having offence of abetment could be conceived of in respect of an offence
been not proved against Belal, it is difficult to hold good the charge of under section 26(2) or 27(1) of the ACC Act, 2004. Accordingly,
abetment upon him. lodging of FIR, taking cognizance, initiation of criminal proceedings
Belal Ahmed vs State 40 DLR 154.-Non-consideration of a vital against the writ-petitioners are unwarranted, unauthorized and without
element of law while convicting the accused has caused serious jurisdiction.
prejudice resulting in failure of justice to the accused. Anti-Corruption Commission vs Nargis Begum 62 DLR (AD)
Alam (Md) & anather vs State 54 DLR 298.-If the principal 279.-In the absence of any statement of assets; there was no scope to
offender is not punished under any of the sections, no question of submit any explanation for acquisition of assets there was no scope for
inflicting punishment for abetment of offence in respect of those him to submit any explanation for acquisition of the assets. No citizen
sections can arise. could be arraigned for such a severe offence in the absence of service
Tajul Islam vs Gobinda Prashad Das 54 DLR 436.-Abetment is of any notice or order for explaining the source of income. Offence of
an offence under the Penal Code. A person may be charged for abetment under section 109 equally could not be conceived of with
abetting an offence made punishable under a special act even though regard to such an offence.
abetment may not have been mentioned as an offence under the special Mehedi Hasan vs State 63 DLR 483.-Mere act of buying any
law. property at a lower price or selling at a higher price is no offence,
State vs Ershad Ali Sikder 56 DLR 305.-The act of abetment unless the very transaction itself is banned by any law.
may be done by hands of one person while another is present or is Islami Bank Bangladesh Ltd vs Md Habib 55 DLR (AD) 19.-
close at hand ready to afford help; or the actual doer may be a guilty Sections 109 and 111—There is no distinction between 'principal in
agent acting under the order of an absentee person and besides parti- the first degree' and 'principal in the second degree.' Under section 111
cipators there may be others contributing by advice, persuasion, of the Penal Code an abettor is liable for a different act if that was
incitement or aid. It is not necessary that the act abetted must be probable consequence of the abetment. This is applicable to the
committed. accused guarantor.
The Penal Code, 1860 225 226 The Penal Code, 1860
Sec. 110. Punishment of abetment if person abetted does act with voluntarily causing grievous hurt, B is liable to punishment for both these
different intention from that of abettor.Whoever abets the offences; and, if A knew that B was likely voluntarily to cause grievous
commission of an offence shall, if the person abetted does the act with a hurt in resisting the distress, A will also be liable to punishment for each
different intention or knowledge from that of the abettor, be punished with of the offences.
the punishment provided for the offence which would have been Sec. 113. Liability of abettor for an effect caused by the act abetted
committed if the act had been done with the intention or knowledge of the different from that intended by the abettor.When an act is abetted
abettor and with no other. with the intention on the part of the abettor of causing a particular effect,
Sec. 111. Liability of abettor when one act abetted and different act and an act for which the abettor is liable in consequence of the abetment,
done.When an act is abetted and a different act is done, the abettor is causes a different effect from that intended by the abettor, the abettor is
liable for the act done, in the same manner and to the same extent as if he liable for the effect caused, in the same manner and to the same extent as
had directly abetted it: if he had abetted the act with the intention of causing that effect, provided
Provided the act done was a probable consequence of the abetment, he knew that the act abetted was likely to cause that effect.
and was committed under the influence of the instigation, or with the aid Illustration
or in pursuance of the conspiracy which constituted the abetment. A instigates B to cause grievous hurt to Z. B, in consequence of the
Illustrations instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A
(a) A instigates a child to put poison into the food of Z, and gives him knew that the grievous hurt abetted was likely to cause death, A is liable
poison for that purpose. The child, in consequence of the instigation, by to be punished with the punishment provided for murder.
mistake puts the poison into a food of Y, which is by the side of that of Z. Sec. 114. Abettor present when offence is committed. Whenever
Here if the child was acting under the influence of A's instigation, and the any person, who if absent would be liable to be punished as an abettor, is
act done was under the circumstances a probable consequence of the present when the act or offence for which he would be punishable in
abetment, A is liable in the same manner and to the same extent as if he consequence of the abetment is committed, he shall be deemed to have
had instigated the child to put the poison into the food of Y. committed such act or offence.
(b) A instigates B to burn Z's house. B sets fire to the house and at the Sec. 115. Abetment of offence punishable with death or
same time commits theft of property there. A, though guilty of abetting imprisonment for life; if offence not committed;.Whoever abets the
the burning of the house, is not guilty of abetting the theft; for the theft commission of an offence punishable with death or imprisonment for life,
was a distinct act, and not a probable consequence of the burning. shall, if that offence be not committed in consequence of the abetment,
(c) A instigates B and C to break into an inhabited house at midnight and no express provision is made by this Code for the punishment of such
for the purpose of robbery, and provides them with arms for that purpose. abetment, be punished with imprisonment of either description for a term
B and C break into the house, and being resisted by Z, one of the inmates, which may extend to seven years, and shall also be liable to fine;
murder Z. Here, if that murder was the probable consequence of the if act causing harm be done in consequence.and if any act for
abetment, A is liable to the punishment provided for murder. which the abettor is liable in consequence of the abetment, and which
Sec. 112. Abettor when liable to cumulative punishment for act causes hurt to any person, is done, the abettor shall be liable to
abetted and for act done.If the act for which the abettor is liable under imprisonment of either description for a term which may extend to
the last preceding section is committed in addition to the act abetted, and fourteen years, and shall also be liable to fine.
constitutes a distinct offence, the abettor is liable to punishment for each Illustration
of the offences. A instigates B to murder Z. The offence is not committed. If B had
Illustration murdered Z, he would have been subject to the punishment of death or
A instigates B to resist by force a distress made by a public servant. B, imprisonment for life. Therefore A is liable to imprisonment for a term
in consequence, resists that distress. In offering the resistance, B which may extend to seven years and also to a fine; and, if any hurt be
voluntarily causes grievous hurt to the officer executing the distress. As B done to Z in consequence of the abetment, he will be liable to
has committed both the offence of resisting the distress, and the offence of imprisonment for a term which may extend to fourteen years, and to fine.
The Penal Code, 1860 225 226 The Penal Code, 1860
Sec. 116. Abetment of offence punishable with imprisonment– if Sec. 118. Concealing design to commit offence punishable with
offence be not committed;.Whoever abets an offence punishable with death or imprisonment for life.Whoever intending to facilitate or
imprisonment shall, if that offence be not committed in consequence of knowing it to be likely that he will thereby facilitate the commission of an
the abetment and no express provision is made by this Code for the offence punishable with death or imprisonment for life,
punishment of such abetment, be punished with imprisonment of any if offence be committed;
description provided for that offence for a term which may extend to one- voluntarily conceals, by any act or illegal omission, the existence of a
fourth part of the longest term provided for that offence or with such fine design to commit such offence or makes any representation which he
as is provided for that offence, or with both; knows to be false respecting such design,
if abettor or person abetted be a public servant whose duty it is to if offence be not committed
prevent offence.and if the abettor or the person abetted is a public shall, if that offence be committed, be punished with imprisonment of
servant, whose duty it is to prevent the commission of such offence, the either description for a term which may extend to seven years, or, if the
abettor shall be punished with imprisonment of any description provided offence be not committed, with imprisonment of either description for a
for that offence, for a term which may extend to one-half of the longest term which may extend to three years; and in either case shall also be
term provided for that offence, or with such fine as is provided for the liable to fine.
offence, or with both. Illustration
Illustrations A, knowing that dacoity is about to be committed at B, falsely informs
(a) A offers a bribe to B, a public servant, as a reward for showing A the Magistrate that a dacoity is about to be committed at C, a place in an
some favour in the exercise of B's official functions. B refuses to accept opposite direction, and thereby misleads the Magistrate with intent to
the bribe. A is punishable under this section. facilitate the commission of the offence. The dacoity is committed at B in
(b) A instigates B to give false evidence. Here, if B does not give false pursuance of the design. A is punishable under this section.
evidence, A has nevertheless committed the offence defined in this Sec. 119. Public servant concealing design to commit offence which
section, and is punishable accordingly. it is his duty to prevent.Whoever, being a public servant intending to
(c) A, a police-officer, whose duty it is to prevent robbery, abets the facilitate or knowing it to be likely that he will thereby facilitate the
commission of robbery. Here, though the robbery be not committed, A is commission of an offence which it is his duty as such public servant to
liable to one-half of the longest term of imprisonment provided for that prevent, voluntarily conceals, by any act or illegal omission, the existence
offence and also to fine. of a design to commit such offence, or makes any representation which he
(d) B abets the commission of a robbery by A, a police-officer, whose knows to be false respecting such design,
duty it is to prevent that offence. Here though the robbery be not if offence be committed.shall, if the offence be committed, be
committed, B is liable to one-half of the longest term of imprisonment punished with imprisonment of any description provided for the offence,
provided for the offence of robbery and also to fine. for a term which may extend to one-half of the longest term of such
Sec. 117. Abetting commission of offence by the public, or by more imprisonment or with such fine as is provided for that offence, or with
than ten persons.Whoever abets the commission of an offence by the both;
public generally or by any number or class of persons exceeding ten, shall if offence be punishable with death, etc.or, if the offence be
be punished with imprisonment of either description for a term which may punishable with death or imprisonment for life, with imprisonment of
extend to three years, or with fine, or with both. either description for a term which may extend to ten years;
Illustration if offence be not committed.or, if the offence be not committed,
A affixes in a public place a placard instigating a sect consisting of shall be punished with imprisonment of any description provided for the
more than ten members to meet at a certain time and place, for the offence for a term which may extend to one-fourth part of the longest
purpose of attacking the members of an adverse sect, while engaged in a term of such imprisonment or with such fine as is provided for the offence
procession. A has committed the offence defined in this section. or with both.
Illustration
The Penal Code, 1860 225 226 The Penal Code, 1860
A, an officer of police, being legally bound to give information of all
designs to commit robbery which may come to his knowledge, and
knowing that B designs to commit robbery, omits to give such
information, with intent to facilitate the commission of that offence. Here
A has by an illegal omission concealed the existence of B's design, and is
liable to punishment according to the provision of this section. CHAPTER VA16
Sec. 120. Concealing design to commit offence punishable with CRIMINAL CONSPIRACY
imprisonment.Whoever, intending to facilitate or knowing it to be
likely that he will thereby facilitate the commission of an offence Sec. 120A. Definition of criminal conspiracy.When two or more
punishable with imprisonment, persons agree to do, or cause to be done,-
voluntarily conceals, by any act or illegal omission, the existence of a (1) an illegal act, or
design to commit such offence or makes any representation which he (2) an act which is not illegal by illegal means, such an agreement is
knows to be false respecting such design, designated a criminal conspiracy:
if offence be committed; if offence be not committed.shall, if the Provided that no agreement except an agreement to commit an offence
offence be committed, be punished with imprisonment of the description shall amount to a criminal conspiracy unless some act besides the
provided for the offence, for a term which may extend to one-fourth, and, agreement is done by one or more parties to such agreement in pursuance
if the offence be not committed, to one-eighth, of the longest term of such thereof.
imprisonment or with such fine as is provided for the offence or with Explanation.-It is immaterial whether the illegal act is the ultimate
both. object of such agreement, or is merely incidental to that object.

Sec. 120B. Punishment of criminal conspiracy.(1) Whoever is a


party to a criminal conspiracy to commit an offence punishable with
death, imprisonment for life or rigorous imprisonment for a term of two
years or upwards, shall, where no express provision is made in this Code
for the punishment of such a conspiracy, be punished in the same manner
as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal
conspiracy to commit an offence punishable as aforesaid shall be
punished with imprisonment of either description for a term not exceeding
six months, or with fine or with both.

CHAPTER VI
OF OFFENCES AGAINST THE STATE
Sec. 121. Waging or attempting to wage war, or abetting waging of
war, against Bangladesh.Whoever wages war against Bangladesh, or
attempts to wage such war, or abets the waging of such war, shall be
punished with death, or imprisonment for life, and shall also be liable to
fine.
16
CHAPTER VA was inserted by the Indian Criminal Law (Amendment) Act, 1913 (Act No.
VIII of 1913).
The Penal Code, 1860 225 226 The Penal Code, 1860
Illustration of March, 1971], or advocate the curtailment or abolition of the
A joins an insurrection against Bangladesh. A has committed the sovereignty of Bangladesh in respect of all or any of the territories lying
offence defined in this section. within its borders, whether by amalgamation with the territories of
Sec. 121A. Conspiracy to commit offences punishable by section neighboring States or otherwise, shall be punished with rigorous
121.Whoever within or without Bangladesh conspires to commit any of imprisonment which may extend to ten years and shall also be liable to
the offences punishable by section 121, or to deprive Bangladesh of the fine.
sovereignty of her territories or of any part thereof, or conspires to (2) Notwithstanding anything contained in any other law for the time
overawe, by means of criminal force or the show of criminal force, the being in force, when any person is proceeded against under this section, it
Government, shall be punished with imprisonment for life or with shall be lawful for any Court before which he may be produced in the
imprisonment of either description which may extend to ten years, and course of the investigation or trial, to make such order as it may think fit
shall also be liable to fine. in respect of his movements, of his association or communication with
Explanation.-To constitute a conspiracy under this section, it is not other persons, and of his activities in regard to dissemination of news,
necessary that any act or illegal omission shall take place in pursuance propagation of opinions, until such time as the case is finally decided.]
thereof. (3) Any Court which is a Court of appeal or of revision in relation to
Sec. 122. Collecting arms, etc, with intention of waging war the Court mentioned in sub-section (2) may also make an order under that
against Bangladesh.Whoever collects men, arms or ammunition or sub-section.]
otherwise prepares to wage war with the intention of either waging or Sec. 124. Assaulting President, The Government, etc, with intent to
being prepared to wage war against Bangladesh, shall be punished with compel or restrain the exercise of any lawful power. Whoever, with
imprisonment for life or imprisonment of either description for a term not the intention of inducing or compelling the President of Bangladesh, or
exceeding ten years, and shall also be liable to fine. the Government, to exercise or refrain from exercising in any manner any
Sec. 123. Concealing with intent to facilitate design to wage of the lawful powers of the President or the Government,
war.Whoever, by any act, or by any illegal omission, conceals the assaults or wrongfully restrains or attempts wrongfully to restrain or
existence of a design to wage war against Bangladesh, intending by such overawes, by means of criminal force or the show of criminal force or
concealment to facilitate, or knowing it to be likely that such concealment attempts so to overawe, the President, [* * *]19,
will facilitate the waging of such war, shall be punished with shall be punished with imprisonment of either description for a term
imprisonment of either description for a term which may extend to ten which may extend to seven years and shall also be liable to fine.
years, and shall also be liable to fine. Sec. 124A. Sedition.Whoever by words, either spoken or written, or
Sec. 17[123A.Condemnation of the creation of the State, and by signs, or by visible representation, or otherwise, brings or attempts to
advocacy of abolition of its sovereignty.(I) Whoever, with or without bring into hatred or contempt, or excites or attempts to excite disaffection
Bangladesh, with intent to influence, or knowing it to be likely that he towards, the Government established by law shall be punished with
will influence, any person or the whole or any section of the public, in a imprisonment for life or any shorter term, to which fine may be added, or
manner likely to be prejudicial to the safety of Bangladesh, or to endanger with imprisonment which may extend to three years, to which fine may be
the sovereignty of Bangladesh in respect of all or any of the territories added, or with fine.
lying within its borders, shall by words, spoken or written, or by signs or Explanation 1.-The expression "disaffection" includes disloyalty and
visible representation, condemn the creation of Bangladesh 18[in all feelings of enmity.
pursuance of the Proclamation of Independence on the twenty-sixth day Explanation 2.-Comments expressing disapprobation of the measures
of the Government with a view to obtain their alteration by lawful means,
17
Section 123A was inserted by the Pakistan Penal Code (Amendment) Act, 1950 (Act No. without exciting or attempting to excite hatred, contempt or disaffection,
LXXI of 1950), section 2.
18
do not constitute an offence under this section.
The words “in pursuance of the Proclamation of Independence on the twenty-sixth day of March,
1971” were substituted, for the words, comma and figure “by virtue of the partition of Indian which
19
was effect on the fourteenth day of August, 1947” by the Bangladeh laws (Revision and Declaration) The words “or Governor” were omitted by the Bangladesh Laws (Revision and Declaration)
Act, 1973 (Act No. VIII of 1973), section 3 and 2nd Schedule. Act, 1973 (Act No. VIII of 1973), section 3 and 2nd Schedule.
The Penal Code, 1860 225 226 The Penal Code, 1860
Explanation 3.-Comments expressing disapprobation of the rescue any such prisoner or harbours or conceals any such prisoner who
administrative or other action of the Government without exciting or has escaped from lawful custody or offers or attempts to offer any
attempting to excite hatred, contempt or disaffection, do not constitute an resistance to the recapture of such prisoner shall be punished with
offence under this section. imprisonment for life or with imprisonment of either description for a
Sec. 125.Waging war against any Asiatic Power in alliance with term which may extend to ten years and shall also be liable to fine.
Bangladesh.Whoever wages war against the Government of any Explanation.-A State prisoner or prisoner of war, who is permitted to
Asiatic power in alliance or at peace with Bangladesh or attempts to wage be at large on his parole within certain limits in Bangladesh, is said to
such war or abets the waging of such war, shall be punished with escape from lawful custody if he goes beyond the limits within which he
imprisonment for life, to which fine may be added or with imprisonment is allowed to be at large.
of either description for a term which may extend to seven years, to which
fine may be added or with fine. CHAPTER VII
Sec. 126.Committing depredation on territories of Power at peace OF OFFENCES RELATING TO THE ARMY, NAVY
with Bangladesh.Whoever commits depredation, or makes AND AIR FORCE
preparations to commit depredation, on the territories of any Power in
alliance or at peace with Bangladesh, shall be punished with
Sec. 131. Abetting mutiny, or attempting to seduce a soldier, sailor
imprisonment of either description for a term which may extend to seven
or airman from his duty.Whoever abets the committing of mutiny by
years, and shall also be liable to fine and to forfeiture of any property used
an officer, soldier, sailor or airman, in the Army, Navy or Air Force of
or intended to be used in committing such depredation, or acquired by
Bangladesh or attempts to seduce any such officer, soldier, sailor or
such depredation.
airman from his allegiance or his duty, shall be punished with
Sec. 127. Receiving property taken by war or depredation
imprisonment for life or with imprisonment of either description for a
mentioned in sections 125 and 126.Whoever receives any property
term which may extend to ten years and shall also be liable to fine.
knowing the same to have been taken in the commission of any of the
Explanation.In this section the words "officer", “soldier", "sailor"
offences mentioned in sections 125 and 126, shall be punished with
and "airman" include any person subject to the Army Act, 1952 or the
imprisonment of either description for a term which may extend to seven
Navy Ordinance, 1961 or the Air Force Act, 1953, as the case may be.
years, and shall also be liable to fine and to forfeiture of the property so
Sec. 132. Abetment of mutiny, if mutiny is committed in
received.
Sec. 128. Public servant voluntarily allowing prisoner of State or consequence thereof.Whoever abets the committing of mutiny by an
officer, soldier, sailor or airman, in the Army, Navy or Air Force of
war to escape.Whoever, being a public servant and having the custody
Bangladesh, shall, if mutiny be committed in consequence of that
of any State prisoner or prisoner of war, voluntarily allows such prisoner
abetment, be punished with death or with imprisonment for life or
to escape from any place in which such prisoner is confined, shall be
imprisonment of either description for a term which may extend to ten
punished with imprisonment for life or imprisonment of either description
years and shall also be liable to fine.
for a term which may extend to ten years and shall also be liable to fine.
Sec. 133. Abetment of assault by soldier, sailor or airman on his
Sec. 129. Public servant negligently suffering such prisoner to
superior officer, when in execution of his office.Whoever, abets an
escape.Whoever, being a public servant and having the custody of any
assault by an officer, soldier, sailor or airman, in the Army, Navy or Air
State prisoner or prisoner of war, negligently suffers such prisoner to
Force of Bangladesh, on any superior officer being in the execution of his
escape from any place of confinement in which such prisoner is confined,
office, shall be punished with imprisonment of either description for a
shall be punished with simple imprisonment for a term which may extend
term which may extend to three years and shall also be liable to fine.
to three years, and shall also be liable to fine.
Sec. 130. Aiding escape of, rescuing or harbouring such Sec. 134. Abetment of such assault, if the assault is committed.
Whoever, abets an assault by an officer, soldier sailor or airman, in the
prisoner.Whoever knowingly aids or assists any State prisoner or
Army, Navy or Air Force of Bangladesh, on any superior officer being in
prisoner of war in escaping from lawful custody or rescues or attempts to
the execution of his office, shall, if such assault be committed in
The Penal Code, 1860 225 226 The Penal Code, 1860
consequence of that abetment be punished with imprisonment of either the intention that it may be believed that he is such a soldier, sailor or
description for a term which may extend to seven years, and shall be airman, shall be punished with imprisonment of either description for a
liable to fine. term which may extend to three months or with fine which may extend to
Sec. 135. Abetment of desertion of soldier, sailor or airman. five hundred taka or with both.
Whoever abets the desertion of any officer, soldier, sailor of airman, in the
Army, Navy or Air Force of Bangladesh, shall be punished with CHAPTER VIII
imprisonment of either description for a term which may extend to two OF OFFENCES AGAINST THE PUBLIC
years, or with fine, or with both.
TRANQUILITY
Sec. 136. Harbouring deserter.Whoever, except as hereinafter
excepted, knowing or having reason to believe that an officer, soldier,
Sec. 141. Unlawful assembly.An assembly of five or more persons
sailor or airman, in the Army, Navy or Air Force of Bangladesh, has
is designated an "unlawful assembly," if the common object of the persons
deserted, harbours such officer, soldier, sailor or airman, shall be punished
with imprisonment of either description for a term which may extend to composing that assembly is
two years or with fine or with both. First.To overawe by criminal force, or show of criminal force,
Exception.-This provision does not extend to the case in which the Government or Legislature, or any public servant in the exercise of the
harbour is given by a wife to her husband. lawful power of such public servant; or
Sec. 137. Deserter concealed on board merchant vessel through Second.To resist the execution of any law, or of any legal process;
negligence of master.The master or person in charge of a merchant or
vessel, on board of which any deserter from the Army, Navy or Air Force Third.To commit any mischief or criminal trespass, or other
of Bangladesh is concealed, shall, though ignorant of such concealment, offence; or
be liable to a penalty not exceeding five hundred taka if he might have Fourth.By means of criminal force, or show of criminal force, to
known of such concealment but for some neglect of his duty as such any person to take or obtain possession of any property, or to deprive any
master or person in charge, or but for some want of discipline on board of person of the enjoyment of a right of way, or of the use of water or other
the vessel. incorporeal right of which he is in possession or enjoyment, or to enforce
Sec. 138. Abetment of act of insubordination by soldier, sailor or any right or supposed right; or
airman.Whoever abets what he knows to be an act of insubordination Fifth.By means of criminal force, or show of criminal force, to
by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of compel any person to do what he is not legally bound to do, or to omit to
Bangladesh, shall, if such act of insubordination be committed in do what he is legally entitled to do.
consequence of that abetment, be punished with imprisonment of either Explanation.An assembly which was not unlawful when it
description for a term which may extend to six months, or with fine, or assembled, may subsequently become an unlawful assembly.
with both. Sec. 142. Being member of unlawful assembly.Whoever, being
Sec. 138A. [Repealed]:- [Repealed by section 2 and Schedule of the aware of facts which render any assembly an unlawful assembly,
Amending Act, 1934 (Act No. XXXV of 1934).] intentionally joins that assembly, or continues in it, is said to be a member
Sec. 139. Persons subject to certain acts.No person subject to the of an unlawful assembly.
Army Act, 1952, the Navy Ordinance, 1961, the Air Force Act, 1953, is Sec. 143. Punishment.Whoever is a member of an unlawful
subject to punishment under this Code for any of the offences defined in assembly, shall be punished with imprisonment of either description for a
this Chapter. term which may extend to six months, or with fine, or with both.
Sec. 140. Wearing garb or carrying token used by soldier, sailor or Sec. 144. Joining unlawful assembly, armed with deadly
airman.Whoever, not being a soldier, sailor or airman in the Military, weapon.Whoever, being armed with any deadly weapon, or with
Naval or Air service of Bangladesh, wears any garb or carries any token anything which, used as a weapon of offence, is likely to cause death, is a
resembling any garb or token used by such a soldier, sailor or airman with member of an unlawful assembly, shall be punished with imprisonment of
The Penal Code, 1860 225 226 The Penal Code, 1860
either description for a term which may extend to two years or with fine imprisonment of either description for a term which may extend to six
or with both. months, or with fine, or with both.
Sec. 145. Joining or continuing in unlawful assembly, knowing it Explanation.If the assembly is an unlawful assembly within the
has been commanding to disperse.Whoever joins or continues in an meaning of section 141, the offender will be punishable under section
unlawful assembly, knowing that such unlawful assembly has been 145.
commanded in the manner prescribed by law to disperse, shall be Sec. 152. Assaulting or obstructing public servant when
punished with imprisonment of either description for a term which may suppressing riot, etc:- Whoever assaults or threatens to assault, or
extend to two years, or with fine, or with both. obstructs or attempts to obstruct, any public servant in the discharge of his
Sec. 146. Rioting.Whenever force or violence is used by an duty as such public servant, in endeavouring to disperse an unlawful
unlawful assembly, or by any member thereof, in prosecution of the assembly or to suppress a riot or affray or uses, or threatens or attempts to
common object of such assembly, every member of such assembly is use criminal force to such public servant, shall be punished with
guilty of the offence of rioting. imprisonment of either description for a term which may extend to three
Sec. 147. Punishment for rioting.Whoever is guilty of rioting, years or with fine or with both.
shall be punished with imprisonment of either description for a term Sec. 153. Wantonly giving provocation with intent to cause riot- if
which may extend to two years, or with fine, or with both. rioting be committed; if not committed.Whoever malignantly, or
Sec. 148. Rioting, armed with deadly weapon.Whoever is guilty wantonly, by doing anything which is illegal, gives provocation to any
of rioting, being armed with a deadly weapon or with anything which, person intending or knowing it to be likely that such provocation will
used as a weapon of offence, is likely to cause death, shall be punished cause the offence of rioting to be committed, shall, if the offence of
with imprisonment of either description for a term which may extend to rioting be committed in consequence of such provocation, be punished
three years, or with fine, or with both. with imprisonment of either description for a term which may extend to
Sec. 149. Every member of unlawful assembly guilty of offence one year or with fine or with both and if the offence of rioting be not
committed in prosecution of common object.If an offence is committed, with imprisonment of either description for a term which may
committed by any member of an unlawful assembly in prosecution of the extend to six months or with fine, or with both.
common object of that assembly, or such as the members of that assembly Sec. 153A. Promoting enmity between classes.Whoever by words,
knew to be likely to be committed in prosecution of that object, every either spoken or written, or by signs, or by visible representations, or
person who, at the time of the committing of that offence, is a member of otherwise, promotes or attempts to promote feelings of enmity or hatred
the same assembly, is guilty of that offence. between different classes of the citizens of Bangladesh, shall be punished
Sec. 150. Hiring, or conniving at hiring, of persons to join with imprisonment which may extend to two years, or with fine, or with
unlawful assembly.Whoever hires or engages, or employs, or both.
promotes, or connives at the hiring, engagement or employment of any Explanation.-It does not amount to an offence within the meaning of
person to join or become a member of any unlawful assembly, shall be this section to point out, without malicious intention and with an honest
punishable as a member of such unlawful assembly, and for any offence view to their removal, matters which are producing or have a tendency to
which may be committed by any such person as a member of such produce, feelings of enmity or hatred between different classes of the
unlawful assembly in pursuance of such hiring, engagement or citizens of Bangladesh.
employment, in the same manner as if he had been a member of such Sec. 153B. Inducing students, etc to take part in political
unlawful assembly, or himself had committed such offence. activity.Whoever by words, either spoken or written, or by signs, or by
Sec. 151. Knowingly joining or continuing in assembly of five or visible representations, or otherwise, induce or attempts to induce any
more persons after it has been commanded to disperse. Whoever student, or any class of students, or any institution interested in or
knowingly joins or continues in any assembly of five or more persons connected with students, to take part in any political activity which
likely to cause a disturbance of the public peace, after such assembly has disturbs or undermines, or is likely to disturb or undermine, the public
been lawfully commanded to disperse, shall be punished with
The Penal Code, 1860 225 226 The Penal Code, 1860
order shall be punished with imprisonment which may extend to two about to be hired, engaged or employed, to join or become members of an
years or with fine, or with both. unlawful assembly, shall be punished with imprisonment of either
Sec. 154. Owner or occupier of land on which an unlawful description for a term which may extend to six months, or with fine, or
assembly is held.Whenever any unlawful assembly or riot takes place, with both.
the owner or occupier of the land upon which such unlawful assembly is Sec. 158. Being hired to take part in an unlawful assembly or
held, or such riot is committed, and any person having or claiming an riot.Whoever is engaged or hired, or offers or attempts to be hired or
interest in such land, shall be punishable with fine not exceeding one engaged, to do or assist in doing any of the acts specified in section 141,
thousand taka, if he or his agent or manager, knowing that such offence is shall be punished with imprisonment of either description for a term
being or has been committed, or having reason to believe it is likely to be which may extend to six months or with fine, or with both.
committed, do not give the earliest notice thereof in his or their power to or to go armed and whoever, being so engaged or hired as aforesaid,
the principal officer at the nearest police-station, and do not, in the case of goes armed or engages or offers to go armed, with any deadly weapon or
his or their having reason to believe that it was about to be committed, use with anything which used as a weapon of offence is likely to cause death,
all lawful means in his or their power to prevent it and, in the event of its shall be punished with imprisonment of either description for a term
taking place, do not use all lawful means in his or their power to disperse which may extend to two years or with fine or with both.
or suppress the riot or unlawful assembly. Sec. 159. Affray.When two or more persons, by fighting in a public
Sec. 155. Liability of person for whose benefit riot is committed. place, disturb the public peace, they are said to "commit an affray".
Whenever a riot is committed for the benefit or on behalf of any person Sec. 160. Punishment for committing affray.Whoever commits an
who is the owner or occupier of any land respecting which such riot takes affray, shall be punished with imprisonment of either description for a
place or who claims any interest in such land, or in the subject of any term which may extend to one month, or with fine which may extend to
dispute which gave rise to the riot, or who has accepted or derived any one hundred taka, or with both.
benefit therefrom, such person shall be punishable with fine, if he or his
agent or manager, having reason to believe that such riot was likely to be CHAPTER IX
committed or that the unlawful assembly by which such riot was OF OFFENCES BY OR RELATING TO PUBLIC
committed was likely to be held, shall not respectively use all lawful
means in his or their power to prevent such assembly or riot from taking SERVANTS
place, and for suppressing and dispersing the same.
Sec. 156. Liability of agent of owner or occupier for whose benefit Sec. 161. Public servant taking gratification other than legal
riot is committed.Whenever a riot is committed for the benefit or on remuneration in respect of an official ac.Whoever, being or
behalf of any person who is the owner or occupier of any land respecting expecting to be a public servant, accepts or obtains, or agrees to accept, or
which such riot takes place, or who claims any interest in such land, or in attempts to obtain from any person, for himself or for any other person
the subject of any dispute which gave rise to the riot, or who has accepted any gratification whatever, other than legal remuneration, as a motive or
or derived any benefit therefrom, the agent or manager of such person reward for doing or forbearing to do any official act or for showing or for
shall be punishable with fine, if such agent or manager, having reason to bearing to show, in the exercise of his official functions, favour or
believe that such riot was likely to be committed, or that the unlawful disfavour to any person, or for rendering or attempting to render any
assembly by which such riot was committed was likely to be held, shall service or disservice to any person, with the Government or Legislature,
not use all lawful means in his power to prevent such riot or assembly or with any public servant, as such, shall be punished with imprisonment
from taking place and for suppressing and dispersing the same. of either description for a term which may extend to three years, or with
Sec. 157. Harbouring persons hired for an unlawful fine, or with both.
assembly.Whoever harbours, receives or assembles, in any house or Explanations-“Expecting to be a public servant.” If a person not
premises in his occupation or charge, or under his control any persons, expecting to be in office obtains a gratification by deceiving others into a
knowing that such persons have been hired, engaged or employed, or are belief that he is about to be in office, and that he will then serve them, he
The Penal Code, 1860 225 226 The Penal Code, 1860
may be guilty of cheating but he is not guilty of the offence defined in this exercise of personal influence, any public servant to do or to forbear to do
section. any official act or in the exercise of the official functions of such public
“Gratification.” The word “gratification” is not restricted to servant to show favour or disfavour to any person or to render or attempt
pecuniary gratifications, or to gratifications estimable in money. to render any service or disservice to any person with the Government or
“Legal remuneration.” The words “legal remuneration” are not Legislature or with any public servant, as such, shall be punished with
restricted to remuneration which a public servant can lawfully demand, simple imprisonment for a term which may extend to one year, or with
but include all remuneration which is permitted by the authority by which fine or with both.
he is employed, to accept. Illustration
“A motive or reward for doing.” A person who receives a gratification An advocate who receives a fee for arguing a case before a Judge; a
as a motive for doing what he does not intend to do, or as a reward for person who receives pay for arranging and correcting a memorial
doing what he has not done, comes within these words. addressed to Government, setting forth the services and claims of the
Illustrations memorialist; a paid agent for a condemned criminal, who lays before the
(a) A, a munsif, obtains from Z, a banker, a situation in Z's bank for Government statements tending to show that the condemnation was
A's brother, as a reward to A for deciding a cause in favour of Z. A has unjust, are not within this section, inasmuch as they do not exercise or
committed the offence defined in this section. profess to exercise personal influence.
(b) A, holding the office of Consul at the Court of a foreign Power, Sec. 164. Punishment for abetment by public servant of offences
accepts a lakh of taka from the Minister of that Power. It does not appear defined in section 162 or 163.Whoever, being a public servant, in
that A accepted this sum as a motive or reward for doing or forbearing to respect of whom either of the offences defined in the last two preceding
do any particular official act, or for rendering or attempting to render any sections is committed, abets the offence, shall be punished with
particular service to that Power with the Government of Bangladesh. But imprisonment of either description for a term which may extend to three
it does appear that A accepted the sum as a motive or reward for generally years or with fine or with both.
showing favour in the exercise of his official functions to that Power. A Illustration
has committed the offence defined in this section. A is a public servant. B, A's wife, receives a present as a motive for
(c) A, a public servant, induces Z erroneously to believe that A's soliciting A to give an office to a particular person. A abets her doing so.
influence with Government has obtained a title for Z and thus induces Z B is punishable with imprisonment for a term not exceeding one year, or
to give A money as a reward for this service. A has committed the offence with fine, or with both. A is punishable with imprisonment for a term
defined in this section. which may extend to three years or with fine or with both.
Sec. 162. Taking gratification, in order, by corrupt or illegal Sec. 165. Public servant obtaining valuable thing, without
means, to influence public servant.Whoever accepts or obtains, or consideration, from person concerned in proceeding or business
agrees to accept, or attempts to obtain, from any person, for himself or for transacted by such public servant.Whoever, being a public servant,
any other person, any gratification whatever as a motive or reward for accepts or obtains, or agrees to accept or attempts to obtain, for himself or
inducing, by corrupt or illegal means, any public servant to do or to for any other person, any valuable thing without consideration or for a
forbear to do any official act or in the exercise of the official functions of consideration which he knows to be inadequate,
such public servant to show favour or disfavour to any person or to render from any person whom he knows to have been, or to be, or to be likely
or attempt to render any service or disservice to any person with the to be concerned in a+ny proceeding or business transacted or about to be
Government or Legislature or with any public servant, as such, shall be transacted by such public servant or having any connection with the
punished with imprisonment of either description for a term which may official functions of himself or of any public servant to whom he is
extend to three years or with fine or with both. subordinate,
Sec. 163. Taking gratification, for exercise of personal influence or from any person whom he knows to be interested in or related to the
with public servant.Whoever accepts or obtains, or agrees to accept or person so concerned,
attempts to obtain, from any person, for himself or for any other person, shall be punished with imprisonment of either description for a term
any gratification whatever, as a motive or reward for inducing, by the which may extend to three years or with fine or with both.
The Penal Code, 1860 225 226 The Penal Code, 1860
Illustrations Sec. 167. Public servant framing an incorrect document with
(a) A, a Collector, hires a house of Z, who has a settlement case intent to cause injury.Whoever, being a public servant, and being, as
pending before him. It is agreed that A shall pay fifty taka a month, the such public servant, charged with the preparation or translation of any
house being such that, if the bargain were made in good faith, A would be document, frames or translates that document in a manner which he
required to pay two hundred taka a month. A has obtained a valuable thing knows or believes to be incorrect, intending thereby to cause or knowing
from Z without adequate consideration. it to be likely that he may thereby cause injury to any person, shall be
(b) A, a Judge, buys of Z, who has a case pending in A's Court, punished with imprisonment of either description for a term which may
Government promissory notes at a discount, when they are selling in the extend to three years or with fine, or with both.
market at a premium. A has obtained a valuable thing from Z without Sec. 168. Public servant unlawfully engaging in trade. Whoever,
adequate consideration. being a public servant, and being legally bound as such public servant not
(c) Z's brother is apprehended and taken before A, a Magistrate, on a to engage in trade, engages in trade, shall be punished with simple
charge of perjury. A sells to Z shares in a bank at a premium, when they imprisonment for a term which may extend to one year, or with fine, or
are selling in the market at a discount. Z pays A for the shares with both.
accordingly. The money so obtained by A is a valuable thing obtained by Sec. 169. Public servant unlawfully buying or bidding for
him without adequate consideration. property.Whoever, being a public servant, and being legally bound as
Sec. 165A. Punishment for abetment of offences defined in sections such public servant, not to purchase or bid for certain property, purchases
161 and 165.Whoever abets any offence punishable under section 161 or bids for that property, either in his own name or in the name of another,
or section 165 shall, whether the offence abetted is or is not committed in or jointly, or in shares with others, shall be punished with simple
consequence of the abetment, be punished with the punishment provided imprisonment for a term which may extend to two years or with fine or
for the offence. with both and the property if purchased shall be confiscated.
Sec. 165B. Certain abettors excepted.A person shall be deemed Sec. 170. Personating a public servant.Whoever pretends to hold
not to abet an offence punishable under section 161 or section 165 if he is any particular office as a public servant, knowing that he does not hold
induced, compelled, coerced or intimidated to offer or give any such such office or falsely personates any other person holding such office, and
gratification as is referred to in section 161 for any of the purposes in such assumed character does or attempts to do any act under colour of
mentioned therein or any valuable thing without consideration or for an such office, shall be punished with imprisonment of either description, for
inadequate consideration, to any such public servant as is referred to in a term which may extend to two years or with fine or with both.
section 165. Sec. 171. Wearing garb or carrying token used by public servant
Sec. 166. Public servant disobeying law, with intent to cause injury with fraudulent intent.Whoever, not belonging to a certain class of
to any person.Whoever, being a public servant, knowingly disobeys public servants, wears any garb or carries any token resembling any garb
any direction of the law as to the way in which he is to conduct himself as or token used by that class of public servants, with the intention that it
such public servant, intending to cause or knowing it to be likely that he may be believed or with the knowledge that it is likely to be believed, that
will, by such disobedience, cause injury to any person, shall be punished he belongs to that class of public servants, shall be punished with
with simple imprisonment for a term which may extend to one year or imprisonment of either description, for a term which may extend to three
with fine or with both. months or with fine which may extend to two hundred taka or with both.
Illustration
A, being an officer directed by law to take property in execution, in
order to satisfy a decree pronounced in Z’s favour by a Court of Justice,
knowingly disobeys that direction of law, with the knowledge that he is 20
CHAPTER IXA
likely thereby to cause injury to Z. A has committed the offence defined in
OF OFFENCES RELATING TO ELECTIONS
this section.
20
CHAPTER IXA was inserted by the Elections Offences and Inquiries Act, 1920 (Act No.
XXXIX of 1920), section 2.
The Penal Code, 1860 225 226 The Penal Code, 1860
(3) A declaration of public policy or a promise of public action,
Sec. 171A. “Candidate”, “Electoral right” defined.For the or the mere exercise of a legal right without intent to interfere with an
purposes of this Chapter – electoral right, shall not be deemed to be interference within the meaning
(a) "candidate" means a person who has been nominated as a of this section.
candidate at any election and includes a person who, when an election is Sec. 171D. Personation at elections.Whoever at an election applies
in contemplation, holds himself out as a prospective candidate thereat; for a voting paper or votes in the name of any other person, whether living
provided that he is subsequently nominated as a candidate at such or dead, or in a fictitious name or who having voted once at such election
election; applies at the same election for a voting paper in his own name, and
(b) "electoral right" means the right of a person to stand, or not to whoever abets, procures or attempts to procure the voting by any person
stand as, or to withdraw from being, a candidate or to vote or refrain from in any such way, commits the offence of personation at an election.
voting at an election. Sec. 171E. Punishment of bribery.Whoever commits the offence
Sec. 171B. Bribery.(1) Whoever- of bribery shall be punished with imprisonment of either description for a
(i) gives a gratification to any person with the object of inducing him term which may extend to one year, or with fine, or with both.
or any other person to exercise any electoral right or of rewarding any Provided that bribery by treating shall be punished with fine only.
person for having exercised any such right; or Explanation.Treating means that form of bribery where the
(ii) accepts either for himself or for any other person any gratification gratification consists in food, drink, entertainment, or provision.
as a reward for exercising any such right or for inducin+g or attempting to Sec. 171F. Punishment for undue influence or personation at an
induce any other person to exercise any such right, commits the offence of election.Whoever commits the offence of undue influence of
bribery: personation at an election shall be punished with imprisonment of either
Provided that a declaration of public policy or a promise of public description for a term which may extend to one year or with fine or with
action shall not be an offence under this section. both.
(2) A person who offers, or agrees to give, or offers or attempts to Sec. 171G. False statement in connection with an election.
procure, a gratification shall be deemed to give a gratification. Whoever with intent to affect the result of an election makes or publishes
(3) A person who obtains or agrees to accept or attempts to obtain a any statement purporting to be a statement of fact which is false and
gratification shall be deemed to accept a gratification, and a person who which he either knows or believes to be or does not believe to be true, in
accepts a gratification as a motive for doing what he does not intend to do, relation to the personal character or conduct of any candidate shall be
or as a reward for doing what he has not done, shall be deemed to have punished with fine.
accepted the gratification as a reward. Sec. 171H. Illegal payments in connection with an election.
Sec. 171C. Undue influence at elections.(1) Whoever voluntarily Whoever without the general or special authority in writing of a candidate
interferes or attempts to interfere with the free exercise of any electoral incurs or authorises expenses on account of the holding of any public
right commits the offence of undue influence at an election. meeting or upon any advertisement, circular or publication or in any other
(2) Without prejudice to the generality of the provisions of sub-section way whatsoever for the purpose of promoting or procuring the election of
(1), whoever. such candidate, shall be punished with fine which may extend to five
(a) threatens any candidate or voter, or any person in whom a hundred taka:
candidate or voter is interested, with injury of any kind, or Provided that if any person having incurred any such expenses not
(b) induces or attempts to induce a candidate or voter to believe that he exceeding the amount of ten taka without authority obtains within ten
or any person in whom he is interested will become or will be rendered an days from the date on which such expenses were incurred the approval in
object of Divine displeasure or of spiritual censure, shall be deemed to writing of the candidate, he shall be deemed to have incurred such
interfere with the free exercise of the electoral right of such candidate or expenses with the authority of the candidate.
voter, within the meaning of sub-section (1). Sec. 171-I. Failure to keep election accounts.Whoever being
required by any law for the time being in force on any rule having the
The Penal Code, 1860 225 226 The Penal Code, 1860
force of law to keep accounts of expenses incurred at or in connection or proclamation proceeding from any public servant legally competent, as
with an election fails to keep such accounts shall be punished with fine such public servant, to issue the same,
which may extend to five hundred taka.] intentionally omits to attend at that place or time, or departs from the
place where he is bound to attend before the time at which it is lawful for
CHAPTER X him to depart,
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF shall be punished with simple imprisonment for a term which may
extend to one month, or with fine which may extend to five hundred taka
PUBLIC SERVANTS or with both;
or if the summons, notice, order or proclamation is to attend in person
Sec. 172. Absconding to avoid service of summons or other or by agent in a Court of Justice, with simple imprisonment for a term
proceeding.Whoever absconds in order to avoid being served with a which may extend to six months or with fine which may extend to one
summons, notice or order proceeding from any public servant legally thousand taka or with both.
competent, as such public servant, to issue such summons, notice or order, Illustrations
shall be punished with simple imprisonment for a term which may extend (a) A, being legally bound to appear before the Supreme Court of
to one month or with fine which may extend to five hundred taka or with Bangladesh in obedience to a subpoena issuing from that Court,
both; intentionally omits to appear. A has committed the offence defined in this
or if the summons or notice or order is to attend in person or by agent section.
or to produce a document in a Court of Justice, with simple imprisonment (b) A, being legally bound to appear before a Zila Judge, as a witness,
for a term which may extend to six month or with fine which may extend in obedience to a summons issued by that Zila Judge, intentionally omits
to one thousand taka or with both. to appear. A has committed the offence defined in this section.
Sec. 173. Preventing service of summons or other proceeding or Sec. 175. Omission to produce document to public servant by
preventing publication thereof.Whoever in any manner intentionally person legally bound to produce it.Whoever, being legally bound to
prevents the serving on himself, or on any other person, of any summons, produce or deliver up any document to any public servant, as such,
notice or order proceeding from any public servant legally competent, as intentionally omits so to produce or deliver up the same, shall be punished
such public servant, to issue such summons, notice or order, with simple imprisonment for a term which may extend to one month, or
or intentionally prevents the lawful affixing to any place of any such with fine which may extend to five hundred taka or with both;
summons, notice or order, or if the document is to be produced or delivered up to a Court of
or intentionally removes any such summons, notice or order, from any Justice, with simple imprisonment for a term which may extend to six
place to which it is lawfully affixed, months or with fine which may extend to one thousand taka or with both.
or intentionally prevents the lawful making of any proclamation, under Illustration
the authority of any public servant legally competent, as such public A, being legally bound to produce a document before a Zila Court,
servant, to direct such proclamation to be made, intentionally omits to produce the same. A has committed the offence
shall be punished with simple imprisonment for a term which may defined in this section.
extend to one month or with fine which may extend to five hundred taka Sec. 176. Omission to give notice or information to public servant
or with both; by person legally bound to give it.Whoever, being legally bound to
or if the summons, notice, order or proclamation is to attend in person give any notice or to furnish information on any subject to any public
or by agent or to produce a document in a Court of Justice, with simple servant, as such, intentionally omits to give such notice or to furnish such
imprisonment for a term which may extend to six months or with fine information in the manner and at the time required by law, shall be
which may extend to one thousand taka or with both. punished with simple imprisonment for a term which may extend to one
Sec. 174. Non-attendance in obedience to an order from public month or with fine which may extend to five hundred taka or with both;
servant.Whoever, being legally bound to attend in person or by an or if the notice or information required to be given respects the
agent at a certain place and time in obedience to a summons, notice, order commission of an offence, or is required for the purpose of preventing the
The Penal Code, 1860 225 226 The Penal Code, 1860
commission of an offence or in order to the apprehension of an offender, or affirmation to state the truth, when required so to bind himself by a
with simple imprisonment for a term which may extend to six months or public servant legally competent to require that he shall so bind himself,
with fine which may extend to one thousand taka or with both; shall be punished with simple imprisonment for a term which may extend
or if the notice or information required to be given is required by an to six months or with fine which may extend to one thousand taka or with
order passed under sub-section (1) of section 565 of the Code of Criminal both.
Procedure, 1898, with imprisonment of either description for a term Sec. 179. Refusing to answer public servant authorized to
which may extend to six months or with fine which may extend to one question.Whoever, being legally bound to state the truth on any subject
thousand taka or with both. to any public servant, refuses to answer any question demanded of him
Sec. 177. Furnishing false information.Whoever, being legally touching that subject by such public servant in the exercise of the legal
bound to furnish information on any subject to any public servant, as powers of such public servant, shall be punished with simple
such, furnishes, as true, information on the subject which he knows or has imprisonment for a term which may extend to six months or with fine
reason to believe to be false, shall be punished with simple imprisonment which may extend to one thousand taka or with both.
for a term which may extend to six months, or with fine which may Sec. 180. Refusing to sign statement.Whoever refuses to sign any
extend to one thousand taka, or with both; statement made by him, when required to sign that statement by a public
or if the information which he is legally bound to give respects the servant legally competent to require that he shall sign that statement, shall
commission of an offence, or is required for the purpose of preventing the be punished with simple imprisonment for a term which may extend to
commission of an offence or in order to the apprehension of an offender, three months or with fine which may extend to five hundred taka or with
with imprisonment of either description for a term which may extend to both.
two years or with fine or with both. Sec. 181. False statement on oath or affirmation to public servant
Illustrations or person authorized to administer an oath or affirmation.Whoever,
(b) A, a landholder, knowing of the commission of a murder within the being legally bound by an oath or affirmation to state the truth on any
limits of his estate, wilfully misinforms the Magistrate of the district that subject to any public servant or other person authorized by law to
the death has occurred by accident in consequence of the bite of a snake. administer such oath or affirmation, makes, to such public servant or other
A is guilty of the offence defined in this section. person or as aforesaid, touching that subject, any statement which is false,
(b) A, a village watchman, knowing that a considerable body of strangers and which he either knows or believes to be false or does not believe to be
has passed through his village in order to commit a dacoity in the house of true, shall be punished with imprisonment of either description for a term
Z, a wealthy merchant residing in a neighbouring place, and being bound, which may extend to three years and shall also be liable to fine.
under any law for the time being in force, to give early and punctual Sec. 182. False information with intent to cause public servant to
information of the above fact to the officer of the nearest police station, use his lawful power to the injury of another person. Whoever gives
wilfully misinforms the police-officer that a body of suspicious characters to any public servant any information which he knows or believes to be
passed through the village with a view to commit dacoity in a certain false, intending thereby to cause, or knowing it to be likely that he will
distant place in different direction. Here A is guilty of the offence defined thereby cause, such public servant
in the latter part of this section. (a) to do or omit anything which such public servant ought not to do or
Explanation.-In section 176 and in this section the word "offence" omit if the true state of facts respecting which such information is given
includes any act committed at any place out of Bangladesh, which, if were known by him, or
committed in Bangladesh, would be punishable under any of the (b) to use the lawful power of such public servant to the injury or
following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, annoyance of any person,
398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and the word shall be punished with imprisonment of either description for a term
"offender' includes any person who is alleged to have been guilty of any which may extend to six months or with fine may extend to one thousand
such act. taka or with both.
Sec. 178. Refusing oath or affirmation when duly required by Illustrations
public servant to make it.Whoever refuses to bind himself by an oath
The Penal Code, 1860 225 226 The Penal Code, 1860
(a) A informs a Magistrate that Z, a police officer, subordinate to such either description for a term which may extend to three months, or with
Magistrate, has been guilty of neglect of duty or misconduct knowing fine which may extend to five hundred taka, or with both.
such information to be false, and knowing it to be likely that the Sec. 187. Omission to assist public servant when bound by law to
information will cause the Magistrate to dismiss Z. A has committed the give assistance.Whoever, being bound by law to render or furnish
offence defined in this section. assistance to any public servant in the execution of his public duty,
(b) A falsely informs a public servant that Z has contraband salt in a intentionally omits to give such assistance, shall be punished with simple
secret place, knowing such information to be false, and knowing that it is imprisonment for a term which may extend to one month or with fine
likely that the consequence of the information will be a search of Z's which may extend to two hundred taka or with both;
premises, attended with annoyance to Z. A has committed the offence and if such assistance be demanded of him by a public servant legally
defined in this section. competent to make such demand for the purposes of executing any
(c) A falsely informs a policeman that he has been assaulted and process lawfully issued by a Court of Justice, or of preventing the
robbed in the neighborhood of a particular village. He does not mention commission of an offence, or of suppressing a riot, or affray, or of
the name of any person as one of his assailants, but knows it to be likely apprehending a person charged with or guilty of an offence, or of having
that in consequence of this information the police will make enquiries and escaped from lawful custody, shall be punished with simple imprisonment
institute searches in the village to the annoyance of the villagers or some for a term which may extend to six months or with fine which may extend
of them. A has committed an offence under this section. to five hundred taka or with both.
Sec. 183. Resistance to the taking of property by the lawful Sec. 188. Disobedience to order duly promulgated by public
authority of a public servant.Whoever offers any resistance to the servant.Whoever, knowing that, by an order promulgated by a public
taking of any property by the lawful authority of any public servant, servant lawfully empowered to promulgate such order, he is directed to
knowing or having reason to believe that he is such public servant, shall abstain from a certain act, or to take certain order with certain property in
be punished with imprisonment of either description for a term which may his possession or under his management, disobeys such direction,
extend to six months or with fine which may extend to one thousand taka shall, if such disobedience causes or tends to cause obstruction,
or with both. annoyance or injury or risk of obstruction, annoyance or injury, to any
Sec. 184. Obstructing sale of property offered for sale by authority persons lawfully employed, be punished with simple imprisonment for a
of public servant.Whoever intentionally obstructs any sale of property term which may extend to one month or with fine which may extend to
offered for sale by the lawful authority of any public servant, as such, two hundred taka or with both;
shall be punished with imprisonment of either description for a term and if such disobedience causes or tends to cause danger to human
which may extend to one month or with fine which may extend to five life, health or safety or causes or tends to cause a riot or affray, shall be
hundred taka or with both. punished with imprisonment of either description for a term which may
Sec. 185. Illegal purchase or bid for property offered for sale by extend to six months or with fine which may extend to one thousand taka
authority of public servant.Whoever, at any sale of property held by or with both.
the lawful authority of a public servant, as such, purchases or bids for any Explanation.-It is not necessary that the offender should intend to
property on account of any person, whether himself or any other, whom produce harm, or contemplate his disobedience as likely to produce harm.
he knows to be under a legal incapacity to purchase that property at that It is sufficient that he knows of the order which he disobeys and that his
sale, or bids for such property not intending to perform the obligations disobedience produces or is likely to produce, harm.
under which he lays himself by such bidding, shall be punished with Illustration
imprisonment of either description for a term which may extend to one An order is promulgated by a public servant lawfully empowered to
month, or with fine which may extend to two hundred taka, or with both. promulgate such order, directing that a religious procession shall not pass
Sec. 186. Obstructing public servant in discharge of public down a certain street. A knowingly disobeys the order, and thereby causes
functions.Whoever voluntarily obstructs any public servant in the danger of riot. A has committed the offence defined in this section.
discharge of his public functions, shall be punished with imprisonment of
The Penal Code, 1860 225 226 The Penal Code, 1860
Sec. 189. Threat of injury to public servant.Whoever holds out (c) A, Knowing the general character of Z's handwriting, states that he
any threat of injury to any public servant, or to any person in whom he believes a certain signature to be the handwriting of Z; A in good faith
believes that public servant to be interested, for the purpose of inducing believing it to be so. Here A's statement is merely as to his belief, and is
that public servant to do any act, or to forbear or delay to do any act, true as to his belief, and therefore, although the signature may not be the
connected with the exercise of the public functions of such public servant, handwriting of Z, A has not given false evidence.
shall be punished with imprisonment of either description for a term (d) A, being bound by an oath to state the truth, states that he knows
which may extend to two years or with fine or with both. that Z was at a particular place on a particular day, not knowing anything
Sec. 190. Threat of injury to induce person to refrain from upon the subject. A gives false evidence whether Z was at that place on
applying for protection to public servant.Whoever holds out any the day named or not.
threat of injury to any person for the purpose of inducing that person to (e) A, an interpreter or translator, gives or certifies as a true
refrain or desist from making a legal application for protection against any interpretation or translation of a statement of document, which he is
injury to any public servant legally empowered as such to give such bound by oath to interpret or translate truly, that which is not and which
protection or to cause such protection to be given, shall be punished with he does not believe to be a true interpretation or translation. A has given
imprisonment of either description for a term which may extend to one false evidence.
year or with fine or with both.
Analysis/Commentry:
CHAPTER XI
Sections 191.192 and 193 deal with giving or fabricating of false
OF FALSE EVIDENCE AND OFFENCES AGAINST
evidence.Section defines what amount to giving false evidence.
PUBLIC JUSTICE Giving false evidence clearly amounts to practicing fraud upon the court.
To constitute offence under this section, it must be estabilished that the
Sec. 191. Giving false evidence.Whoever being legally bound by person was legally bound by an oath or by an express provision of law
an oath or by an express provision of law to state the truth, or being bound a) to state the truth,
by law to make a declaration upon any subject, makes any statement b) to make a declaration upon any subject.
which is false, and which he either knows or believes to be false or does Such kind of offence can also be commited even when a plaintiff or a
not believe to be true, is said to give false evidence. dependant binds himself by an oath voluntarily.
Explanation 1.A statement is within the meaning of this section,
whether it is made verbally or otherwise. Under this section, an oath is not necessary for the offence of giving false
Explanation 2.A false statement as to the belief of the person evidence.But there must be an express provision of law compelling a
attesting is within the meaning of this section, and a person may be guilty person to state the truth
of giving false evidence by stating that he believes a thing which he does
not believe, as well as by stating that he knows a thing which he does not Sec. 192. Fabricating false evidence.Whoever causes any
know. circumstance to exist or makes any false entry in any book or record, or
Illustrations makes any document containing a false statement, intending that such
(a) A, in support of a just claim which B has against Z for one circumstance, false entry or false statement may appear in evidence in a
thousand taka falsely swears on a trial that he heard Z admit the justice of judicial proceeding, or in a proceeding taken by law before a public
B's claim, A has given false evidence. servant as such, or before an arbitrator, and that such circumstance, false
(b) A, being bound by an oath to state the truth, states that he believes entry or false statement, so appearing in evidence, may cause any person
a certain signature to be the handwriting of Z, when he does not believe it who in such proceeding is to form an opinion upon the evidence, to
to be the handwriting of Z. Here A states that which he knows to be false, entertain an erroneous opinion touching any point material to the result of
and therefore gives false evidence. such proceeding, is said "to fabricate the evidence.”
Illustrations
The Penal Code, 1860 225 226 The Penal Code, 1860
(a) A puts jewels into a box belonging to Z, with the intention that they Explanation 2.An investigation directed by law preliminary to a
may be found in that box, and that this circumstance may cause Z to be proceeding before a Court of Justice, is a stage of a judicial proceeding,
convicted of theft. A has fabricated false evidence. though that investigation may not take place before a Court of Justice.
(b) A makes a false entry in his Shop-book for the purpose of using it Illustration
as corroborative evidence in a Court of Justice. A has fabricated false A, in an enquiry before a Magistrate for the purpose of ascertaining
evidence. whether Z ought to be committed for trial, makes on oath a statement
Difference between “Giving False Evidence” and “Fabricating which he knows to be false. As this enquiry is a stage of a judicial
False Evidence” – Explained! proceeding. A has given false evidence.
Explanation 3.An investigation directed by a Court of Justice
Giving False Evidence: according to law, and conducted under the authority of a Court of Justice,
1. In this, only the general intention is sufficient. is a stage of a judicial proceeding, though that investigation may not take
2. In this, the offence is committed by a person who is legally bound place before a Court of Justice.
by an oath to state the truth. Illustrations
3. In this, the false statement need not be on any material point. A, in an enquiry before an officer deputed by a Court of Justice to
4. The effect of evidence of the person who is to form an opinion upon ascertain on the spot the boundaries of land, makes on oath a statement
the evidence in a proceeding is immaterial in false evidence. which he knows to be false. As this enquiry is a stage of a judicial
5. There should be a proceeding being conducted in the case of false proceeding, A has given false evidence.
evidence. (c) A, with the intention of causing Z to be convicted of a criminal
Fabricating False Evidence: conspiracy, writes a letter in imitation of Z's handwriting purporting to be
1. In this case, particular intention is essential, viz., to cause a person addressed to an accomplice in such criminal conspiracy, and puts the
in a proceeding to entertain an erroneous opinion by causing any letter in a place which he knows that the officers of the Police are likely to
circumstance to exist or making any false entry in a book for search. A has fabricated false evidence.
making any false statement. Sec. 194. Giving or fabricating false evidence with intent to
2. The offence is committed by a person, who is not legally bound to procure conviction of capital offence.Whoever gives or fabricates
take an oath to state the truth. false evidence, intending thereby to cause, or knowing it to be likely that
3. But in the case of fabricating false evidence in order to make out the he will thereby cause, any person to be convicted of an offence which is
offence it must be on a material point. capital by any law for the time being in force, shall be punished with
4. It is very essential in the case of fabricating false evidence. imprisonment for life or with rigorous imprisonment for a term which
5. Such a proceeding need not be in existence in the case of fabricating may extend to ten years and shall also be liable to fine;
false evidence. if innocent person be thereby convicted and executed; and if an
innocent person be convicted and executed in consequence of such false
Sec. 193. Punishment for false evidence.Whoever intentionally gives evidence, the person who gives such false evidence shall be punished
false evidence in any stage of judicial proceeding, or fabricates false either with death or the punishment herein before described.
evidence for the purpose of being used in any stage of a judicial Sec. 195. Giving or fabricating false evidence with intent to
proceeding, shall be punished with imprisonment of either description for procure conviction of offence punishable with imprisonment for life
a term which may extend to seven years, and shall also be liable to fine; or imprisonment.Whoever gives or fabricates false evidence intending
and whoever intentionally gives or fabricates false evidence in any thereby to cause, or knowing it to be likely that he will thereby cause, any
other case, shall be punished with imprisonment of either description for a person to be convicted of an offence which by any law for the time being
term which may extend to three years, and shall also be liable to fine. in force is not capital, but punishable with imprisonment for life or
Explanation 1.A trial before a Court-martial is a judicial imprisonment for a term of seven years or upwards, shall be punished as a
proceeding. person convicted of that offence would be liable to be punished.
The Penal Code, 1860 225 226 The Penal Code, 1860
Illustration any information respecting the offence which he knows or believes to be
A gives false evidence before a Court of Justice, intending thereby to false,
cause Z to be convicted of a dacoity. The punishment of dacoity is if a capital offence.shall, if the offence which he knows or believes
imprisonment for life, or rigorous imprisonment for a term which may to have been committed is punishable with death, be punished with
extend to ten years, with or without fine. A, therefore, is liable to such imprisonment of either description for a term which may extend to seven
imprisonment for life or imprisonment, with or without fine. years, and shall also be liable to fine;
Sec. 196. Using evidence known to be false.Whoever corruptly if punishable with imprisonment for life.and if the offence is
uses or attempts to use as true or genuine evidence any evidence which he punishable with imprisonment for life, or with imprisonment which may
knows to be false or fabricated, shall be punished in the same manner as if extend to ten years, shall be punished with imprisonment of either
he gave or fabricated false evidence. description for a term which may extend to three years, and shall also be
Sec. 197. Issuing or signing false certificate.Whoever issues or liable to fine;
signs any certificate required by law to be given or signed, or relating to if punishable with less than ten years’ imprisonment.and if the
any fact of which such certificate is by law admissible in evidence, offence is punishable with imprisonment for any term not extending to ten
knowing or believing that such certificate is false in any material point, years, shall be punished with imprisonment of the description provided
shall be punished in the same manner as if he gave false evidence. for the offence, for a term which may extend to one-fourth part of the
Sec. 198. Using as true a certificate known to be false. Whoever longest term of the imprisonment provided for the offence, or with fine, or
corruptly uses or attempts to use any such certificate as a true certificate, with both.
knowing the same to be false in any material point, shall be punished in Illustration
the same manner as if he gave false evidence. A, knowing that B has murdered Z, assists B to hide the body with the
Sec. 199. False statement made in declaration which is by law intention of screening B from punishment. A is liable to imprisonment of
receivable as evidence.Whoever, in any declaration made or either description for seven years, and also to fine.
subscribed by him, which declaration any Court of Justice, or any public Sec. 202. Intentional omission to give information of offence by
servant or other persons, is bound or authorized by law to receive as person bound to inform.Whoever, knowing or having reason to
evidence of any fact, makes any statement which is false, and which he believe that an offence has been committed, intentionally omits to give
either knows or believes to be false or does not believe to be true, any information respecting that offence which he is legally bound to give,
touching any point material to the object for which the declaration is shall be punished with imprisonment of either description for a term
made or used, shall be punished in the same manner as if he gave false which may extend to six months, or with fine, or with both.
evidence. Sec. 203. Giving false information respecting an offence
Sec. 200. Using as true such declaration knowing it to be committed. Whoever, knowing or having reason to believe that an
false.Whoever corruptly uses or attempts to use as true any such offence has been committed, gives any information respecting that
declaration, knowing the same to be false in any material point, shall be offence which he knows or believes to be false, shall be punished with
punished in the same manner as if he gave false evidence. imprisonment of either description for a term which may extend to two
Explanation.A declaration which is inadmissible merely upon the years or with fine or with both.
ground of some informality, is a declaration within the meaning of Explanation.-In sections 201 and 202 and in this section the word
sections 199 and 200. "offence" includes any act committed at any place out of Bangladesh,
Sec. 201. Causing disappearance of evidence of offence, or giving which, if committed in Bangladesh, would be punishable under any of the
false information to screen offender.Whoever, knowing or having following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397,
reason to believe that an offence has been committed, causes any evidence 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460.
of the commission of that offence to disappear, with the intention of Sec. 204. Destruction of document to prevent its production as
screening the offender from legal punishment, or with that intention gives evidence.Whoever secrets or destroys any document which he may be
lawfully compelled to produce as evidence in a Court of Justice, or in any
The Penal Code, 1860 225 226 The Penal Code, 1860
proceeding lawfully held before a public servant, as such, or obliterates or larger sum than is due to such person or for any property or interest in
renders illegible the whole or any part of such document with the property to which such person is not entitled, or fraudulently causes or
intention of preventing the same from being produced or used as evidence suffers a decree or order to be executed against him after it has been
before such Court or public servant as aforesaid, or after he shall have satisfied, or for anything in respect of which it has been satisfied, shall be
been lawfully summoned or required to produce the same for that punished with imprisonment of either description for a term which may
purpose, shall be punished with imprisonment of either description for a extend to two years or with fine or with both.
term which may extend to two years or with fine or with both. Illustration
Sec. 205. False personation for purpose of act or proceeding in suit A institutes a suit against Z. Z, knowing that A is likely to obtain a
or prosecution.Whoever falsely personates another, and in such decree against him fraudulently suffers a judgment to pass against him for
assumed character makes any admission or statement, or confesses a larger amount at the suit of B, who has no just claim against him, in
judgment, or causes any process to be issued or becomes bail or security, order that B, either on his own account or for the benefit of Z, may share
or does any other act in any suit or criminal prosecution, shall be punished in the proceeds of any sale of Z's property which may be made under A's
with imprisonment of either description for a term which may extend to decree. Z's has committed an offence under this section.
three years or with fine or with both. Sec. 209. Dishonestly making false claim in Court.Whoever
Sec. 206. Fraudulent removal or concealment of property to fraudulently or dishonestly, or with intent to injure or annoy any person,
prevent its seizure as forfeited or in execution.Whoever fraudulently makes in a Court of Justice any claim which he knows to be false, shall be
removes, conceals, transfers or delivers to any person any property or any punished with imprisonment of either description for a term which may
interest therein, intending thereby to prevent that property or interest extend to two years, and shall also be liable to fine.
therein from being taken as a forfeiture or in satisfaction of a fine, under a Sec. 210. Fraudulently obtaining decree for sum not
sentence which has been pronounced, or which he knows to be likely to due.Whoever fraudulently obtains a decree or order against any person
be pronounced, by a Court of Justice or other competent authority, or for a sum not due, or for a larger sum than is due, or for any property or
from being taken in execution of a decree or order which has been made, interest in property to which he is not entitled, or fraudulently causes a
or which he knows to be likely to be made by a Court of Justice in a civil decree or order to be executed against any person after it has been
suit, shall be punished with imprisonment of either description for a term satisfied or for anything in respect of which it has been satisfied, or
which may extend to two years or with fine or with both. fraudulently suffers or permits any such act to be done in his name, shall
Sec. 207. Fraudulent claim to property to prevent its seizure as be punished with imprisonment of either description for a term which may
forfeited or in execution.Whoever fraudulently accepts, receives or extend to two years or with fine or with both.
claims any property or any interest therein, knowing that he has no right Sec. 211. False charge of offence made with intent to injure.
or rightful claim to such property or interest, or practices any deception Whoever, with intent to cause injury to any person, institutes or causes to
touching any right to any property or any interest therein, intending be instituted any criminal proceeding against that person, or falsely
thereby to prevent that property or interest therein from being taken as a charges any person with having committed an offence, knowing that there
forfeiture or in satisfaction of a fine, under a sentence which has been is no just or lawful ground for such proceeding or charge against that
pronounced, or which he knows to be likely to be pronounced by a Court person, shall be punished with imprisonment of either description for a
of Justice or other competent authority, or from being taken in execution term which may extend to two years or with fine or with both;
of a decree or order which has been made, or which he knows to be likely and if such criminal proceeding be instituted on a false charge of an
to be made by a Court of Justice in a civil suit, shall be punished with offence punishable with death, imprisonment for life, or imprisonment for
imprisonment of either description for a term which may extend to two seven years or upwards, shall be punishable with imprisonment of either
years or with fine or with both. description for a term which may extend to seven years and shall also be
Sec. 208. Fraudulently suffering decree for sum not liable to fine.
due.Whoever fraudulently causes or suffers a decree or order to be Sec. 212. Harbouring offender if a capital offence; if punishable
passed against him at the suit of any person for a sum not due, or for a with imprisonment for life, or with imprisonment. Whenever an
The Penal Code, 1860 225 226 The Penal Code, 1860
offence has been committed, whoever harbours or conceals a person with imprisonment of either description for a term which may extend to
whom he knows or has reason to believe to be the offender, with the three years and shall also be liable to fine;
intention of screening him from legal punishment, and if the offence is punishable with imprisonment not extending to
shall, if the offence is punishable with death, be punished with ten years, shall be punished with imprisonment of the description
imprisonment of either description for a term which may extend to five provided for the offence for a term which may extend to one-fourth part
years, and shall also be liable to fine; of the longest term of imprisonment provided for the offence or with fine
and if the offence is punishable with imprisonment for life or with or with both.
imprisonment which may extend to ten years, shall be, punished with Sec. 214. Offering gift or restoration of property in consideration
imprisonment of either description for a term which may extend to three of screening offender.Whoever gives or causes or offers or agrees to
years, and shall also be liable to fine; give or cause, any gratification to any person or to restore or cause the
and if the offence is punishable with imprisonment which may extend restoration of any property to any person, in consideration of that person's
to one year, and not to ten years, shall be punished with imprisonment of concealing an offence or of his screening any person from legal
the description provided for the offence for a term which may extend to punishment for any offence or of his not proceeding against any person
one-fourth part of the longest term of imprisonment provided for the for the purpose of bringing him to legal punishment,
offence or with fine or with both. if a capital offence.
"Offence" in this section includes any act committed at any place out shall, if the offence is punishable with death, be punished with
of Bangladesh, which, if committed in Bangladesh, would be punishable imprisonment of either description for a term which may extend to seven
under any of the following sections, namely, 302, 304, 382, 392, 393, 394, years and shall also be liable to fine;
395 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; if punishable with imprisonment for life, or with
and every such act shall, for the purposes of this section, be deemed to be imprisonment.and if the offence is punishable with imprisonment for
punishable as if the accused person had been guilty of it in Bangladesh. life, or with imprisonment which may extend to ten years, shall be
This provision shall not extend to any case in which theException. punished with imprisonment of either description for a term which may
harbour or concealment is by the husband or wife of the offender. extend to three years and shall also be liable to fine;
Illustration and if the offence is punishable with imprisonment not extending to
A, knowing that B has committed dacoity, knowingly conceals B in ten years, shall be punished with imprisonment of the description
order to screen him from legal punishment. Here, as B is liable to provided for the offence for a term which may extent to one-fourth part of
imprisonment for life, A is liable to imprisonment of either description for the longest term of imprisonment provided for the offence or with fine or
a term not exceeding three years, and is also liable to fine. with both.
Sec. 213. Taking gift, etc, to screen an offender from Exception.-The provisions of sections 213 and 214 do not extend to
punishment.Whoever accepts or attempts to obtain or agrees to accept, any case in which the offence may lawfully be compounded.
any gratification for himself or any other person or any restitution of Sec. 215. Taking gift to help to recover stolen property, etc.
property to himself or any other person, in consideration of his concealing Whoever takes or agrees or consents to take any gratification under
an offence or of his screening any person from legal punishment for any pretence or on account of helping any person to recover any moveable
offence or of his not proceeding against any person for the purpose of property of which he shall have been deprived by any offence punishable
bringing him to legal punishment, under this Code, shall, unless he uses all means in his power to cause the
if a capital offence.shall, if the offence is punishable with death, be offender to be apprehended and convicted of the offence, be punished
punished with imprisonment of either description for a term which may with imprisonment of either description for a term which may extend to
extend to seven years and shall also be liable to fine; two years or with fine or with both.
if punishable with imprisonment for life, or with Sec. 216. Harbouring offender who has escaped from custody or
imprisonment.and if the offence is punishable with imprisonment for whose apprehension has been.Whenever any person convicted of or
life or with imprisonment which may extend to ten yeas, shall be punished
The Penal Code, 1860 225 226 The Penal Code, 1860
charged with an offence, being in lawful custody for that offence, escapes Explanation.- For the purposes of this section it is immaterial whether
from such custody, the robbery or dacoity is intended to be committed or has been committed,
or whenever a public servant, in the exercise of the lawful power of within or without Bangladesh.
such public servant, orders a certain person to be apprehended for an Exception.–This provision does not extend to the case in which the
offence, whoever, knowing of such escape or order for apprehension, harbour is by the husband or wife of the offender.
harbours or conceals that person with the intention of preventing him
from being apprehended, shall be punished in the manner following, that Sec. 216B. [Omitted]:- [Omitted by section 3 of the Penal Code
is to say, (Amendment) Act, 1942 (Act No. VIII of 1942).]
if a capital offence; if the offence for which the person was in custody Sec. 217. Public servant disobeying direction of law with intent to
or is ordered to be apprehended is punishable with death, he shall be save person from punishment or property from forfeiture.
punished with imprisonment of either description for a term which may Whoever, being a public servant, knowingly disobeys any direction of the
extend to seven years and shall also be liable to fine; law as to the way in which he is to conduct himself as such public servant,
ordered if punishable with imprisonment for life, or with intending thereby to save or knowing it to be likely that he will thereby
imprisonment; if the offence is punishable with imprisonment for life, or save, any person from legal punishment or subject him to a less
imprisonment for ten years, he shall be punished with imprisonment of punishment than that to which he is liable or with intent to save or
either description for a term which may extend to three years, with or knowing that he is likely thereby to save, any property from forfeiture or
without fine; any charge to which it is liable by law, shall be punished with
and if the offence is punishable with imprisonment which may extend imprisonment of either description for a term which may extend to two
to one year and not to ten years, he shall be punished with imprisonment years or with fine or with both.
of the description provided for the offence for a term which may extend to Sec. 218. Public servant framing incorrect record or writing with
one-fourth part of the longest term of the imprisonment provided for such intent to save person from punishment or property from
offence or with fine or with both. forfeiture.Whoever, being a public servant, and being as such public
“Offence” in this section includes also any act or omission of which a servant, charged with the preparation of any record or other writing,
person is alleged to have been guilty out of Bangladesh which, if he had frames that record or writing in a manner which he knows to be incorrect,
been guilty of it in Bangladesh, would have been punishable as an with intent to cause or knowing it to be likely that he will thereby cause,
offence, and for which he is, under any law relating to extradition or loss or injury to the public or to any person, or with intent thereby to save
under the Fugitive Offenders Act, 1881 or otherwise, liable to be or knowing it to be likely that he will thereby save, any person from legal
apprehended or detained in custody in Bangladesh, and every such act or punishment or with intent to save, or knowing that he is likely thereby to
omission shall, for the purpose of this section, be deemed to be punishable save, any property from forfeiture or other charge to which it is liable by
as if the accused person had been guilty of it in Bangladesh. law, shall be punished with imprisonment of either description for a term
Exception.–This provision does not extend to the case in which the which may extend to three years or with fine or with both.
harbour or concealment is by the husband or wife of the person to be Sec. 219. Public servant in judicial proceeding corruptly making
apprehended. report, etc, contrary to law.Whoever, being a public servant, corruptly
Sec. 216A. Penalty for harbouring robbers or dacoits.Whoever, or maliciously makes or pronounces in any stage of a Judicial proceeding,
knowing or having reason to believe that any persons are about to commit any report, order, verdict or decision which he knows to be contrary to
or have recently committed robbery or dacoity, harbours them or any of law, shall be punished with imprisonment of either description for a term
them, with the intention of facilitating the commission of such robbery or which may extend to seven years or with fine or with both.
dacoity or of screening them or any of them from punishment, shall be Sec. 220. Commitment for trial or confinement by person having
punished with rigorous imprisonment for a term which may extend to authority who knows that he is acting contrary to law. Whoever,
seven years and shall also be liable to fine. being in any office which gives him legal authority to commit persons for
trial or to confinement, or to keep persons in confinement, corruptly or
The Penal Code, 1860 225 226 The Penal Code, 1860
maliciously commits any person for trial or confinement, or keeps any with imprisonment of either description for a term which may extend
person in confinement, in the exercise of that authority, knowing that in so to seven years, with or without fine, if the person in confinement, or who
doing he is acting contrary to law, shall be punished with imprisonment of ought to have been apprehended, is subject, by a sentence of a Court of
either description for a term which may extend to seven years or with fine Justice or by virtue of a commutation of such sentence, to imprisonment
or with both. for life
Sec. 221. Intentional omission to apprehend on the part of public or imprisonment for a term of ten years or upwards; or
servant bound to apprehend.Whoever, being a public servant, legally with imprisonment of either description for a term which may extend
bound as such public servant to apprehend or to keep in confinement any to three years or with fine or with both, if the person in confinement or
person charged with or liable to be apprehended for an offence, who ought to have been apprehended is subject, by a sentence of a Court
intentionally omits to apprehend such person or intentionally suffers such of Justice, to imprisonment for a term not extending to ten years or if the
person to escape or intentionally aids such person in escaping or person was lawfully committed to custody.
attempting to escape from such confinement, shall be punished as Sec. 223. Escape from confinement or custody negligently suffered
follows, that is to say: by public servant.Whoever, being a public servant legally bound as
with imprisonment of either description for a term which may extend such public servant to keep in confinement any person charged with or
to seven years, with or without fine, if the person in confinement or who convicted of any offence or lawfully committed to custody, negligently
ought to have been apprehended, was charged with or liable to be suffers such persons to escape from confinement, shall be punished with
apprehended for, an offence punishable with death or simple imprisonment for a term which may extend to two years or with
with imprisonment of either description for a term which may extend fine or with both.
to three years, with or without fine, if the person in confinement, or who Sec. 224. Resistance or obstruction by a person to his lawful
ought to have been apprehended, was charged with or liable to be apprehension.Whoever intentionally offers any resistance or illegal
apprehended for, an offence punishable with imprisonment for life or obstruction to the lawful apprehension of himself for any offence with
imprisonment for a term which may extend to ten years; or which he is charged or of which he has been convicted, or escapes or
with imprisonment of either description for a term which may extend attempts to escape from any custody in which he is lawfully detained for
to two years, with or without fine, if the person in confinement or who any such offence, shall be punished with imprisonment of either
ought to have been apprehended, was charged with or liable to be description for a term which may extend to two years or with fine or with
apprehended for, an offence punishable with imprisonment for a term less both.
than ten years. Explanation.The punishment in this section is in addition to the
Sec. 222. Intentional omission to apprehend on the part of public punishment for which the person to be apprehended or detained in
servant bound to apprehend person under sentence or lawfully custody was liable for the offence with which he was charged, or of which
committed.Whoever, being a public servant, legally bound as such he was convicted.
public servant to apprehend or to keep in confinement any person under Sec. 225. Resistance or obstruction to lawful apprehension of
sentence of a Court of Justice for any offence or lawfully committed to another person.Whoever intentionally offers any resistance or illegal
custody, intentionally omits to apprehend such person, or intentionally obstruction to the lawful apprehension of any other person for an offence,
suffers such person to escape or intentionally aids such person in escaping or rescues or attempts to rescue any other person from any custody in
or attempting to escape from such confinement, shall be punished as which that person is lawfully detained for an offence, shall be punished
follows that is to say:- with imprisonment of either description for a term which may extend to
with imprisonment for life or with imprisonment of either description two years or with fine or with both;
for a term which may extend to fourteen years, with or if the person to be apprehended or the person rescued or attempted
or without fine, if the person in confinement or who ought to have to be rescued, is charged with or liable to be apprehended for an offence
been apprehended, is under sentence of death or punishable with imprisonment for life or imprisonment for a term which
may extend to ten years, shall be punished with imprisonment of either
The Penal Code, 1860 225 226 The Penal Code, 1860
description for a term which may extend to three years and shall also be Sec.-226. [Omitted]:- [Omitted by section 18 of the Penal Code
liable to fine; (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985).]
or if the person to be apprehended or rescued, or attempted to be Sec. 227. Violation of condition of remission of punishment.
rescued, is charged with or liable to be apprehended for an offence Whoever, having accepted any conditional remission of punishment,
punishable with death, shall be punished with imprisonment of either knowingly violates any condition on which such remission was granted,
description for a term which may extend to seven years and shall also be shall be punished with the punishment to which he was originally
liable to fine; sentenced, if he has already suffered no part of that punishment, and if he
or if the person to be apprehended or rescued or attempted to be has suffered any part of that punishment, then with so much of that
rescued, is liable under the sentence of a Court of Justice or by virtue of a punishment as he has not already suffered.
commutation of such a sentence, to imprisonment for life, or Sec. 228. Intentional insult or interruption to public servant sitting
imprisonment, for a term of ten years or upwards, shall be punished with in judicial proceeding.Whoever intentionally offers any insult, or
imprisonment of either description for a term which may extend to seven causes any interruption to any public servant, while such public servant is
years and shall also be liable to fine; sitting in any stage of a judicial proceeding, shall be punished with simple
or if the person to be apprehended or rescued, or attempted to be imprisonment for a term which may extend to six months or with fine
rescued, is under sentence of death, shall be punished with imprisonment which may extend to one thousand taka or with both.
for life or imprisonment of either description for a term not exceeding ten Sec. 229. Personation of a juror or assessor.Whoever by
years, and shall also liable to fine. personation or otherwise, shall intentionally cause or knowingly suffer
Sec. 21[225A. Omission to apprehend, or sufferance of escape, on himself to be returned, empanelled or sworn as a juryman or assessor in
part of public servant, in cases not otherwise provided for.Whoever, any case in which he knows that he is not entitled by law to be so
being a public servant legally bound as such public servant to apprehend, returned, empanelled or sworn or knowing himself to have been so
or to keep in confinement, any person in any case not provided for in returned, empanelled or sworn contrary to law, shall voluntarily serve on
section 221, section 222 or section 223, or in any other law for the time such jury or as such assessor, shall be punished with imprisonment of
being in force, omits to apprehend that person or suffers him to escape either description for a term which may extend to two years or with fine
from confinement, shall be punished or with both.
(a) if he does so intentionally, with imprisonment of either description
for a term which may extend to three years or with fine or with both and CHAPTER XII
(b) if he does so negligently, with simple imprisonment for a term OF OFFENCES RELATING TO COIN AND
which may extend to two years or with fine or with both.
Sec. 225B. Resistance or obstruction to lawful apprehension, or GOVERNMENT STAMPS
escape or rescue, in cases not otherwise provided for.Whoever, in
any case not provided for in section 224 or section 225 or in any other law Sec. 230. “Coin”.Coin is metal used for the time being as money,
for the time being in force, intentionally offers any resistance or illegal and stamped and issued by the authority of some State or Sovereign
obstruction to the lawful apprehension of himself or of any other person, Power in order to be so used.
or escapes or attempts to escape from any custody in which he is lawfully defined Bangladesh coin.Bangladesh coin is metal stamped and
detained, or rescues or attempts to rescue any other person from any issued by the authority of the Government in order to be used as money;
custody in which that person is lawfully detained, shall be punished with and metal which has been so stamped and issued shall continue to be
imprisonment of either description for a term which may extend to six Bangladesh coin for the purposes of this Chapter, notwithstanding that it
months or with fine or with both. may have ceased to be used as money.
Illustrations
(a) Cowries are not coin.
21 (b) Lumps of unstamped copper, though used as money, are not coin.
Sections 225A and 225B were substituted, for section 225A by the Indian Criminal Law
(Amendment) Act, 1886 (Act No. X of 1886), section 24.
The Penal Code, 1860 225 226 The Penal Code, 1860
(c) Medals are not coin, inasmuch as they are not intended to be used If Bangladesh coin; and if the coin to be counterfeited is Bangladesh
as money. coin, shall be punished with imprisonment of either description for a term
(d) The coin denominated as the Company's taka is the Queen's coin. which may extend to ten years, and shall also be liable to fine.
(e) The "Farukhabad" taka, which was formerly used as money under Sec. 236. Abetting in Bangladesh the counterfeiting out of
the authority of the Government of India, is Bangladesh coin although it is Bangladesh of coin.Whoever, being within Bangladesh, abets the
no longer so used. counterfeiting of coin out of Bangladesh shall be punished in the same
Sec. 231. Counterfeiting coin.Whoever counterfeits or knowingly manner as if he abetted the counterfeiting of such coin within Bangladesh.
performs any part of the process of counterfeiting coin, shall be punished Sec. 237. Import or export of counterfeit coin.Whoever imports
with imprisonment of either description for a term which may extend to into Bangladesh, or exports therefrom, any counterfeit coin, knowingly or
seven years, and shall also be liable to fine. having reason to believe that the same is counterfeit, shall be punished
Explanation.A person commits this offence who intending to with imprisonment of either description for a term which may extend to
practice deception, or knowing it to be likely that deception will thereby three years, and shall also be liable to fine.
be practiced, causes a genuine coin to appear like a different coin. Sec. 238. Import or export of counterfeits of Bangladesh coin.
Whoever imports into Bangladesh, or exports therefrom, any counterfeit
Sec. 232. Counterfeiting Bangladesh coin.Whoever counterfeits, coin which he knows or has reason to believe to be a counterfeit of
or knowingly performs any part of the process of counterfeiting Bangladesh coin, shall be punished with imprisonment for life, or with
Bangladesh coin, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten
imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
years, and shall also be liable to fine. Sec. 239. Delivery of coin, possessed with knowledge that it is
Sec. 233. Making or selling instrument for counterfeiting counterfeit.Whoever, having any counterfeit coin which, at the time
coin.Whoever makes or mends or performs any part of the process of when he became possessed of it, he knew to be counterfeit, fraudulently
making or mending or buys, sells or disposes of, any die or instrument, or with intent that fraud may be committed, delivers the same to any
for the purpose of being used or knowing or having reason to believe that person or attempts to induce any person to receive it, shall be punished
it is intended to be used, for the purpose of counterfeiting coin, shall be with imprisonment of either description for a term which may extend to
punished with imprisonment of either description for a term which may five years and shall also be liable to fine.
extend to three years and shall also be liable to fine. Sec. 240. Delivery of Bangladesh coin, possessed with knowledge
Sec. 234. Making or selling instrument for counterfeiting that it is counterfeit.Whoever, having any counterfeit coin, which is a
Bangladesh coin.Whoever makes or mends or performs any part of the counterfeit of Bangladesh coin, and which, at the time when he became
process of making or mending or buys, sells or disposes of, any die or possessed of it, he knew to be a counterfeit of Bangladesh coin,
instrument, for the purpose of being used or knowing or having reason to fraudulently or with intent that fraud may be committed, delivers the same
believe that it is intended to be used, for the purpose of counterfeiting to any person or attempts to induce any person to receive it, shall be
Bangladesh coin, shall be punished with imprisonment of either punished with imprisonment of either description for a term which may
description for a term which may extend to seven years and shall also be extend to ten years and shall also be liable to fine.
liable to fine. Sec. 241. Delivery of coin as genuine, which, when first possessed,
Sec. 235. Possession of instrument or material for the purpose of the deliverer did not know to be counterfeit. Whoever delivers to any
using the same for counterfeiting coin.Whoever is in possession of other person as genuine or attempts to induce any other person to receive
any instrument or material, for the purpose of using the same for as genuine, any counterfeit coin which he knows to be counterfeit, but
counterfeiting coin or knowing or having reason to believe that the same which he did not know to be counterfeit at the time when he took it into
is intended to be used for that purpose, shall be punished with his possession, shall be punished with imprisonment of either description
imprisonment of either description for a term which may extend to three for a term which may extend to two years or with fine to an amount which
years, and shall also be liable to fine; may extend is ten times the value of the coin counterfeited or with both.
The Penal Code, 1860 225 226 The Penal Code, 1860
Illustration Sec. 245. Unlawfully taking coining instrument from mint.
A, a coiner, delivers counterfeit Company's taka to his accomplice B, Whoever, without lawful authority, takes out of any mint, lawfully
for the purpose of uttering them. B sells the taka to C, another, utterer, established in Bangladesh, any coining tool or instrument, shall be
who buys them knowing them to be counterfeit. C pays away the taka for punished with imprisonment of either description for a term which may
goods to D, who receives them, not knowing them to be counterfeit. D extend to seven years, and shall also be liable to fine.
after receiving the taka, discovers that they are counterfeit and pays them Sec. 246. Fraudulently or dishonesty diminishing weight or
away as if they were good. Here D is punishable only under this section, altering composition of coin.Whoever fraudulently or dishonestly
but B and C are punishable under section 239 or 240, as the case may be. performs on any coin any operation which diminishes the weight or alters
the composition of that coin, shall be punished with imprisonment of
Analysis/Commentry: either description for a term which may extend to three years, and shall
This section deals with causual utterer of coins while section 239 deals also be liable to fine.
with professional utterers. Explanation.-A person who scoops out part of the coin and puts
anything else into the cavity alters the composition of that coin.
Sec. 242. Possession of counterfeit coin by person who knew it to Sec. 247. Fraudulently or dishonestly diminishing weight or
be counterfeit when he became possessed thereof.Whoever, altering composition of Bangladesh coin.Whoever fraudulently or
fraudulently or with intent that fraud may be committed, is in possession dishonestly performs on any Bangladesh coin, any operation which
of counterfeit coin, having known at the time when he became possessed diminishes the weight or alters the composition of that coin, shall be
thereof that such coin was counterfeit, shall be punished with punished with imprisonment of either description for a term which may
imprisonment of either description for a term which may extend to three extend to seven years, and shall also be liable to fine.
years and shall also be liable to fine. Sec. 248. Altering appearance of coin with intent that it shall pass
as coin of different description.Whoever performs on any coin any
Analysis/Commentry: operation which alters the appearance of that coin, with the intention that
Mere possession of a counterfeit coin is an offence provided that it was the said coin shall pass as a coin of a different description, shall be
kept for a fraudulent purpose and was obtained with guilty knowledge. punished with imprisonment of either description for a term which may
Possession must be with intent to defraud. extend to three years and shall also be liable to fine.
Sec. 249. Altering appearance of Bangladesh coin, with intent that
Sec. 243. Possession of Bangladesh coin by person who knew it to it shall pass as coin of different description.Whoever performs on
be counterfeit when he became possessed thereof. Whoever, any Bangladesh coin any operation which alters the appearance of that
fraudulently or with intent that fraud may be committed, is in possession coin, with the intention that the said coin shall pass as a coin of a different
of counterfeit coin, which is a counterfeit of Bangladesh coin, having description, shall be punished with imprisonment of either description for
known at the time when he became possessed of it that it was counterfeit, a term which may extend to seven years and shall also be liable to fine.
shall be punished with imprisonment of either description for a term Sec. 250. Delivery of coin, possessed with knowledge that it is
which may extend to seven years and shall also be liable to fine. altered.Whoever, having coin in his possession with respect to which
Sec. 244. Person employed in mint causing coin to be of different the offence defined in section 246 or 248 has been committed, and having
weight or composition from that fixed by law. Whoever, being known at the time when he became possessed of such coin that such
employed in any mint lawfully established in Bangladesh, does any act or offence had been committed with respect to it, fraudulently or with intent
omits what he is legally bound to do, with the intention of causing any that fraud may be committed, delivers such coin to any other person or
coin issued from that mint to be of a different weight or composition from attempts to induce any other person to receive the same, shall be punished
the weight or composition fixed by law, shall be punished with with imprisonment of either description for a term which may extend to
imprisonment of either description for a term which may extend to seven five years and shall also be liable to fine.
years and shall be liable to fine.
The Penal Code, 1860 225 226 The Penal Code, 1860
Sec. 251. Delivery of Bangladesh coin, possessed with knowledge imprisonment of either description for a term which may extend to ten
that it is altered.Whoever, having coin in his possession with respect years and shall also be liable to fine.
to which the offence defined in section 247 or 249 has been committed Explanation.-A person commits this offence who counterfeits by
and having known at the time when he became possessed of such coin causing a genuine stamp of one denomination to appear like a genuine
that such offence had been committed with respect to it, fraudulently or stamp of a different denomination.
with intent that fraud may be committed, delivers such coin to any other Sec. 256. Having possession of instrument or material for
person or attempts to induce any other person to receive the same, shall be counterfeiting Government stamp.Whoever has in his possession any
punished with imprisonment of either description for a term which may instrument or material for the purpose of being used, or knowing or
extend to ten years and shall also be liable to fine. having reason to believe that it is intended to be used, for the purpose of
Sec. 252. Possession of coin by person who knew it to be altered counterfeiting any stamp issued by Government for the purpose of
when he became possessed thereof.Whoever fraudulently or with revenue, shall be punished with imprisonment of either description for a
intent that fraud may be committed, is in possession of coin with respect term which may extend to seven years and shall also be liable to fine.
to which the offence defined in either of the section 246 or 248 has been Sec. 257. Making or selling instrument for counterfeiting
committed, having known at the time of becoming possessed thereof that Government stamp.Whoever makes or performs any part of the
such offence had been committed with respect to such coin, shall be process of making or buys or sells or disposes of, any instrument for the
punished with imprisonment of either description for a term which may purpose of being used or knowing or having reason to believe that it is
extend to three years and shall also be liable to fine. intended to be used, for the purpose of counterfeiting any stamp issued by
Sec. 253. Possession of Bangladesh coin by person who knew it to Government for the purpose of revenue, shall be punished with
be altered when he became possessed thereof.Whoever fraudulently imprisonment of either description for a term which may extend to seven
or with intent that fraud may be committed, is in possession of coin with years and shall also be liable to fine.
respect to which the offence defined in either of the section 247 or 249 Sec. 258. Sale of counterfeit Government stamp.Whoever sells,
has been committed having known at the time of becoming possessed or offers for sale, any stamp which he knows or has reason to believe to
thereof, that such offence had been committed with respect to such coin, be a counterfeit of any stamp issued by Government for the purpose of
shall be punished with imprisonment of either description for a term revenue, shall be punished with imprisonment of either description for a
which may extend to five years and shall also be liable to fine. term which may extend to seven years and shall also be liable to fine.
Sec. 254. Delivery of coin as genuine which, when first possessed, Sec. 259. Having possession of counterfeit Government
the deliverer did not know to be altered.Whoever delivers to any stamp.Whoever has in his possession any stamp which he knows to be
other person as genuine or as a coin of a different description from what it a counterfeit of any stamp issued by Government for the purpose of
is or attempts to induce any person to receive as genuine or as a different revenue, intending to use or dispose of the same as a genuine stamp or in
coin from what it is, any coin in respect of which he knows that any such order that it may be used as a genuine stamp, shall be punished with
operation as that mentioned in sections 246, 247, 248, or 249 has been imprisonment of either description for a term which may extend to seven
performed, but in respect of which he did not, at the time when he took it years and shall also be liable to fine.
into his possession, know that such operation had been performed, shall Sec. 260. Using as genuine a Government stamp known to be
be punished with imprisonment of either description for a term which may counterfeit.Whoever uses as genuine any stamp, knowing it to be a
extend to two years or with fine to an amount which may extend to ten counterfeit of any stamp issued by Government for the purpose of
times the value of the coin for which the altered coin is passed or revenue, shall be punished with imprisonment of either description for a
attempted to be passed. term which may extend to seven years or with fine or with both.
Sec. 255. Counterfeiting Government stamp.Whoever Sec. 261. Effacing writing from substance bearing Government
counterfeits or knowingly performs any part of the process of stamp, or removing from document a stamp used for it, with intent to
counterfeiting, any stamp issued by Government for the purpose of cause loss to Government.Whoever fraudulently or with intent to
revenue, shall be punished with imprisonment for life or with cause loss to the Government, removes or effaces from any substance,
The Penal Code, 1860 225 226 The Penal Code, 1860
bearing any stamp issued by Government for the purpose of revenue, any or persons authorized by law to administer executive government in any
writing or document for which such stamp has been used or removes from part of Bangladesh, and also in any part of Her Majesty's dominions or in
any writing or document a stamp which has been used for such writing or any foreign country.
document, in order that such stamp may be used for a different writing or
document, shall be punished with imprisonment of either description for a
term which may extend to three years or with fine or with both.
Sec. 262. Using Government stamp known to have been before
CHAPTER XIII
used.Whoever fraudulently or with intent to cause loss to the
Government, uses for any purpose a stamp issued by Government for the OF OFFENCES RELATING TO WEIGHTS AND
purpose of revenue, which he knows to have been before used, shall be MEASURES
punished with imprisonment of either description for a term which may
extend to two years or with fine or with both. Sec. 264. Fraudulent use of false instrument for weighing.
Sec. 263. Erasure of mark denoting that stamp has been Whoever fraudulently uses any instrument for weighing which he knows
used.Whoever fraudulently or with intent to cause loss to Government, to be false, shall be punished with imprisonment of either description for a
erases or removes from a stamp issued by Government for the purpose of term which may extend to one year or with fine or with both.
revenue, any mark, put or impressed upon such stamp for the purpose of
denoting that the same has been used or knowingly has in his possession Analysis/Commentry:
or sells or disposes of any such stamp from which such mark has been Intention is an essential part of the offence usnder this section.Here to
erased or removed or sells or disposes of any such stamp which he knows constitute an offence under this section two things are required-
to have been used, shall be punished with imprisonment of either (a) Fraudulent use of ant false instrument for weighing and
description for a term which may extend to three years or with fine or (b) Knowledge that it is false.
with both.
Sec. 263A. Prohibition of fictitious stamps.(1) Whoever Sec. 265. Fraudulent use of false weight or measure. Whoever
(a) makes, knowingly utters, deals in or sells any fictitious stamp, or fraudulently uses any false weight or false measure of length or capacity
knowingly uses for any postal purpose any fictitious stamp or or fraudulently uses any weight or any measure of length or capacity as a
(b) has in his possession, without lawful excuse, any fictitious stamp different weight or measure from what it is, shall be punished with
or imprisonment of either description for a term which may extend to one
(c) makes or, without lawful excuse, has in his possession any die, year or with fine or with both.
plate, instrument or materials for making any fictitious stamp,
shall be punished with fine which may extend to two hundred taka. Analysis/Commentry:
(2) Any such stamp, die, plate, instrument or materials in the This section prohibits the use of false weight or measure e.g. a glass
possession of any person for making any fictitious stamp may be seized through which any liquid substance can be measured or a meaurment
and shall be forfeited. scale through which cloths can be measured.
(3) In this section “fictitious stamp" means any stamp falsely But in an Indian case, it was held that if a person use a glass (for weighing
purporting to be issued by Government for the purpose of denoting a rate milk,liquor etc.) which is not the prescribed measure and thus falsely
of postage or any facsimile or imitation or representation, whether on represent the capacity, that person will be liable under section 415 not
paper or otherwise, of any stamp issued by Government for that purpose. under this section.
(4) In this section and also in sections 255 to 263, both inclusive, the It is submitted that when a person will be liable under this section, that
word “Government" when used in connection with, or in reference to, any person will also be liable under s. 415. Because both the sections deal
stamp issued for the purpose of denoting a rate of postage, shall, with cheating in actual meaning and also the both prescribe the same
notwithstanding anything in section 17, be deemed to include the person punishment.
The Penal Code, 1860 225 226 The Penal Code, 1860
Distiction between section 264 and section 265: spread the infection of any disease dangerous to life, shall be punished
with imprisonment of either description for a term which may extend to
Section 264 deals with the use of false balance(দদাড়ড়ড়িঁ পদালদা)while section six months or with fine or with both.
265 deals with the use of false weight or measure of length or capacity Sec. 270. Malignant act likely to spread infection of disease
such as a meaurment scale for measuring cloths, papers etc. dangerous to life.Whoever malignantly does any act which is, and
which he knows or has reason to believe to be, likely to spread the
Sec. 266. Being in possession of false weight or measure. infection of any disease dangerous to life, shall be punished with
Whoever is in possession of any instrument for weighing, or of any imprisonment of either description for a term which may extend to two
weight, or of any measure of length or capacity, which he knows to be years, or with fine, or with both.
false, and intending that the same may be fraudulently used, shall be Sec. 271. Disobedience to quarantine rule.Whoever knowingly
punished with imprisonment of either description for a term which may disobeys any rule made and promulgated by the Government for putting
extend to one year or with fine or with both. any vessel into a state of quarantine or for regulating the intercourse of
vessels in a state of quarantine with the shore or with other vessels, or for
Analysis/Commentry: regulating the intercourse between places where an infectious disease
This section punishes a person who is in possession of a false weight or prevails and other places, shall be punished with imprisonment of either
measure as ss. 235,239 and 240 punish a person who is in possession of a description for a term which may extend to six months or with fine or
counterfeit coin and s.259 punishes a person who is in possession of a with both.
counterfeit Govt. stamp. Sec. 272. Adulteration of food or drink intended for
sale.Whoever adulterates any article of food or drink, so as to make
Sec. 267. Making or selling false weight or measure. Whoever such article noxious as food or drink, intending to sell such article as food
makes, sells or disposes of any instrument for weighing or any weight or or drink or knowing it to be likely that the same will be sold as food or
any measure of length or capacity which he knows to be false, in order drink, shall be punished with imprisonment of either description for a
that the same may be used as true or knowing that the same is likely to be term which may extend to six months or with fine which may extend to
used as true, shall be punished with imprisonment of either description for one thousand taka or with both.
a term which may extend to one year or with fine or with both. Sec. 273. Sale of noxious food or drink.Whoever sells or offers or
exposes for sale, as food or drink, any article which has been rendered or
CHAPTER XIV has become noxious or is in a state unfit for food or drink, knowing or
having reason to believe that the same is noxious as food or drink, shall be
OF OFFENCES AFFECTING THE PUBLIC HEALTH,
punished with imprisonment of either description for a term which may
SAFETY, CONVENIENCE, DECENCY AND MORALS extend to six months or with fine which may extend to one thousand taka
or with both.
Sec. 268. Public nuisance.A person is guilty of a public nuisance Sec. 274. Adulteration of drugs.Whoever adulterates any drug or
who does any act or is guilty of an illegal omission which causes any medical preparation in such a manner as to lessen the efficacy or change
common injury, danger or annoyance to the public or to the people in the operation of such drug or medical preparation, or to make it noxious,
general who dwell or occupy property in the vicinity or which must intending that it shall be sold or used for, or knowing it to be likely that it
necessarily cause injury, obstruction, dangers or annoyance to persons will be sold or used for, any medicinal purpose, as if it had not undergone
who may have occasion to use any public right. such adulteration, shall be punished with imprisonment of either
A common nuisance is not excused on the ground that it causes some description for a term which may extend to six months or with fine which
convenience or advantage. may extend to one thousand taka or with both.
Sec. 269. Negligent act likely to spread infection of disease Sec. 275. Sale of adulterated drugs.Whoever, knowing any drug or
dangerous to life.Whoever unlawfully or negligently does any act medical preparation to have been adulterated in such a manner as to
which is, and which he knows or has reason to believe to be, likely to
The Penal Code, 1860 225 226 The Penal Code, 1860
lessen its efficacy, to change its operation, or to render it noxious, sells the Sec. 281. Exhibition of false light, mark or buoy.Whoever
same or offers or exposes it for sale, or issues it from any dispensary for exhibits any false light, mark or buoy, intending or knowing it to be likely
medicinal purposes as unadulterated, or causes it to be used for medicinal that such exhibition will mislead any navigator, shall be punished with
purposes by any person not knowing of the adulteration, shall be punished imprisonment of either description for a term which may extend to seven
with imprisonment of either description for a term which may extend to years or with fine or with both.
six months or with fine which may extend to one thousand taka or with Sec. 282. Conveying person by water for hire in unsafe or over-
both. loaded vessel.Whoever knowingly or negligently conveys, or causes to
Sec. 276. Sale of drug as a different drug or preparation. be conveyed for, hire, any person by water in any vessel, when that vessel
Whoever knowingly sells or offers or exposes for sale or issues from a is in such a state or so loaded as to endanger the life of that person, shall
dispensary for medicinal purposes, any drug or medicinal preparation, as be punished with imprisonment of either description for a term which may
a different drug or medical preparation, shall be punished with extend to six months or with fine which may extend to one thousand taka
imprisonment of either description for a term which may extend to six or with both.
months or with fine which may extend to one thousand taka, or with both. Sec. 283. Danger or obstruction in public way or line of
Sec. 277. Fouling water or public spring or reservoir.Whoever navigation.Whoever, by doing any act, or by omitting to take order
voluntarily corrupts or fouls the water of any public spring or reservoir, so with any property in his possession or under his charge, causes danger,
as to render it less fit for the purpose for which it is ordinarily used, shall obstruction or injury to any person in any public way or public line of
be punished with imprisonment of either description for a term which may navigation, shall be punished with fine which may extend to two hundred
extend to three months, or with fine which may extend to five hundred taka.
taka or with both. Sec. 284. Negligent conduct with respect to poisonous
Sec. 278. Making atmosphere noxious to health.However substance.Whoever does, with any poisonous substance, any act in a
voluntarily vitiates the atmosphere in any place so as to make it noxious manner so rash or negligent as to endanger human life, or to be likely to
to the health of persons in general dwelling or carrying on business in the cause hurt or injury to any person,
neighborhood or passing along a public way, shall be punished with fine or knowingly or negligently omits to take such order with any
which may extend to five hundred taka. poisonous substance in his possession as is sufficient to guard against
Sec. 279. Rash driving or riding on a public way.Whoever drives probable danger to human life from such poisonous substance,
any vehicle, or rides, on any public way in a manner so rash or negligent shall be punished with imprisonment of either description for a term
as to endanger human life or to be likely to cause hurt or injury to any which may extend to six months or with fine, which may extend to one
other person, shall be punished with imprisonment of either description thousand taka or with both.
for a term which may extend to three years or with fine which may, Sec. 285. Negligent conduct with respect to fire or combustible
subject to the minimum of one thousand taka, extend to five thousand taka matter.Whoever does, with fire or any combustible matter, any act so
or with both. rashly or negligently as to endanger human life or to be likely to cause
Explanation. Any person driving any vehicle, or riding, on any public hurt or injury to any other person,
way, in a speed which exceeds the limit prescribed in this behalf by or or knowingly or negligently omits to take such order with any fire or
under any law for the time being in force shall, for the purpose of this any combustible matter in his possession as is sufficient to guard against
section, be deemed to have driven so rashly or negligently as to endanger any probable danger to human life from such fire or combustible matter,
human life or cause hurt or injury to any other person. shall be punished with imprisonment of either description for a term
Sec. 280. Rash navigation of vessel.Whoever navigates any vessel which may extend to six months or with fine which may extend to one
in a manner so rash or negligent as to endanger human life, or to be likely thousand taka or with both.
to cause hurt or injury to any other person, shall be punished with Sec. 286. Negligent conduct with respect to explosive substance.
imprisonment of either description for a term which may extend to six Whoever does, with any explosive substance, any act so rashly or
months or with fine which may extend to one thousand taka or with both.
The Penal Code, 1860 225 226 The Penal Code, 1860
negligently as to endanger human life or to be likely to cause hurt or with simple imprisonment for a term which may extend to six months or
injury to any other person, with fine or with both.
or knowingly or negligently omits to take such order with any Sec. 292. Sale, etc, of obscene books, etc.Whoever
explosive substance in his possession as is sufficient to guard against any (a) sells, lets to hire, distributes, publicly exhibits or in any manner
probable danger to human life from that substance, puts into circulation or for purposes of sale, hire, distribution, public
shall be punished with imprisonment of either description for a term exhibition or circulation, makes, produces or has in his possession any
which may extend to six months or with fine which may extend to one obscene book, pamphlet, paper, drawing, painting, representation or
thousand taka or with both. figure or any other obscene object whatsoever or
Sec. 287. Negligent conduct with respect to machinery. Whoever (b) imports, exports or conveys any obscene object for any of the
does, with any machinery, any act so rashly or negligently as to endanger purposes aforesaid or knowing or having reason to believe that such
human life or to be likely to cause hurt or injury to any other person, object will be sold, let to hire, distributed or publicly exhibited or in any
or knowingly or negligently omits to take such order with any manner put into circulation or
machinery in his possession or under his care as is sufficient to guard (c) takes part in or receives profits from any business in the course of
against any probable danger to human life from such machinery, which he knows or has reason to believe that any such obscene objects
shall be punished with imprisonment of either description for a term are, for any of the purposes aforesaid, made, produced, purchased, kept,
which may extend to six months or with fine which may extend to one imported, exported, conveyed, publicly exhibited or in any manner put
thousand taka or with both. into circulation or
Sec. 288. Negligent conduct with respect to pulling down or (d) advertises or makes known by any means whatsoever that any
repairing buildings.Whoever, in pulling down or repairing any person is engaged or is ready to engage in any act which is an offence
building, knowingly or negligently omits to take such order with that under this section or that any such obscene object can be procured from or
building as is sufficient to guard against any probable danger to human through any person or
life from the fall of that building or of any part thereof, shall be punished (e) offers or attempts to do any act which is an offence under this
with imprisonment of either description for a term which may extend to section,
six months or with fine which may extend to one thousand taka or with shall be punished with imprisonment of either description for a term
both. which may extend to three months or with fine or with both.
Sec. 289. Negligent conduct with respect to animal.Whoever Exception.- This section does not extend to any book, pamphlet,
knowingly or negligently omits to take such order with any animal in his writing, drawing or painting kept or used bona fide for religious purposes
possession as is sufficient to guard against any probable danger to human or any representation sculptured, engraved, painted or otherwise
life or any probable danger of grievous hurt from such animal, shall be represented on or in any temple or on any car used for the conveyance of
punished with imprisonment of either description for a term which may idols or kept or used for any religious purpose.
extend to six months or with fine which may extend to one thousand taka Sec. 293. Sale, etc, of obscene objects to young person.Whoever
or with both. sells, lets to hire, distributes, exhibits or circulates to any person under the
Sec. 290. Punishment for public nuisance in cases not otherwise age of twenty years any such obscene object as is referred to in the last
provided for.Whoever commits a public nuisance in any case not preceding section or offers or attempts so to do, shall be punished with
otherwise punishable by this Code, shall be punished with fine which may imprisonment of either description for a term which may extend to six
extend to two hundred taka. months or with fine, or with both.
Sec. 291. Continuance of nuisance after injunction to Sec. 294. Obscene acts and songs.Whoever, to the annoyance of
discontinue.Whoever repeats or continues a public nuisance, having others,
been enjoined by any public servant who has lawful authority to issue (a) does any obscene act in any public place, or
such injunction not to repeat or continue such nuisance, shall be punished (b) sings, recites or utters any obscene songs, ballad or words, in or
near any public place,
The Penal Code, 1860 225 226 The Penal Code, 1860
shall be punished with imprisonment of either description for a term with imprisonment of either description for a term which may extend to
which may extend to three months or with fine or with both. two years, or with fine, or with both.
Sec. 294A. Keeping lottery-office.Whoever keeps any office or Sec. 296. Disturbing religious assembly.Whoever voluntarily
place for the purpose of drawing any lottery not being a State lottery or a causes disturbance to any assembly lawfully engaged in the performance
lottery authorized by the Government shall be punished with of religious worship, or religious ceremonies, shall be punished with
imprisonment of either description for a term which may extend to six imprisonment of either description for a term which may extend to one
months, or with fine, or with both. year, or with fine, or with both.
And whoever publishes any proposal to pay any sum, or to deliver any Sec. 297. Trespassing on burial places, etc.Whoever, with the
goods or to do or forbear doing anything for the benefit of any person, on intention of wounding the feelings of any person or of insulting the
any event or contingency relative or applicable to the drawing of any religion of any person or with the knowledge that the feelings of any
ticket, lot, number or figure in any such lottery shall be punished with fine person are likely to be wounded or that the religion of any person is likely
which may extend to one thousand taka. to be insulted thereby,
Sec. 294B. Offering of prize in connection with trade, etc. commits any trespass in any place of worship or on any place of
Whoever offers, or undertakes to offer, in connection with any trade or sepulture or any place set apart for the performance of funeral rites or as a
business or sale of any commodity, any prize, reward or other similar depository for the remains of the dead or offers any indignity to any
consideration, by whatever name called, whether in money or kind, human corpse or causes disturbance to any persons assembled for the
against any coupon, ticket, number or figure or by any other device, as an performance of funeral ceremonies,
inducement or encouragement to trade or business or to the buying of any shall be punished with imprisonment of either description for a term
commodity or for the purpose of advertisement or popularising any which may extend to one year or with fine or with both.
commodity, and whoever publishes any such offer, shall be punishable
with imprisonment of either description for a term which may extend to Sec. 298. Uttering words, etc, with deliberate intent to wound
six months, or with fine,2 or with both. religious feelings.Whoever, with the deliberate intention of wounding
the religious feelings of any person, utters any word or makes any sound
CHAPTER XV in the hearing of that person or makes any gesture in the sight of that
OF OFFENCES RELATING TO RELIGION person or places any object in the sight of that person, shall be punished
with imprisonment of either description for a term which may extend to
Sec. 295. Injuring or defiling place of worship, with intent to insult one year or with fine or with both.
the religion of any class.Whoever destroys, damages or defiles any
place of worship, or any object held sacred by any class of persons with
the intention of thereby insulting the religion of any class of persons or
with the knowledge that any class of persons is likely to consider such
destruction, damage or defilement as an insult to their religion, shall be
punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
CHAPTER XVI
Sec. 295A. Deliberate and malicious acts intended to outrage OF OFFENCES AFFECTING THE HUMAN BODY
religious feelings of any class by insulting its religion or religious Of Offences affecting Life
beliefs.Whoever, with deliberate and malicious intention of outraging
the religious feelings of any class of the citizens of Bangladesh, by words, Sec. 299. Culpable homicide.Whoever causes death by doing an
either spoken or written or by visible representations insults or attempts to act with the intention of causing death or with the intention of causing
insult the religion or the religious beliefs of that class, shall be punished such bodily injury as is likely to cause death or with the knowledge that
aviv-299 aviv-299

The Penal Code, 1860 225 226 The Penal Code, 1860
he is likely by such act to cause death, commits the offence of culpable elapsed between the remark and the assault. In view of the nature of
homicide. the act of causing death (A plank of 2 cubits in length, 5 inches in
Illustrations breadth and 1 inch in thickness is not as deadly as a dagger or fire-arm
(a) A lays sticks and turf over a pit, with the intention of thereby from which intention to kill can be inferred), the view is that this act
causing death, or with the knowledge that death is likely to be thereby does not constitute 'murder' but constitutes 'culpable homicide not
caused. Z, believing the ground to be firm, treads on it, falls in and is amounting to murder' punishable under section 304, part 1 of the Penal
killed. A has committed the offence of culpable homicide. Code.
(b) A knows Z to be behind a bush. B does not know it. A, intending to
cause, or knowing it to be likely to cause Z's death induces B to fire at the Makbul Hossain vs State 22 DLR 269 - The first clause of section
bush. B fires and kills Z. Here B may be guilty of no offence; but A has 300 is obviously reliable to the first clause of section 299, its second
committed the offence of culpable homicide. and third clauses to the second clause of section 299, and its fourth
(c) A, by shooting at a fowl with intent to kill and steal it, kills B, who clause to the last clause of section 299. It is also evident that simply by
is behind a bush; A not knowing that he was there. Here, although A was reason of an offence being covered by any of the clauses of section
doing an unlawful act, he was not guilty of culpable homicide, as he did 299 which would no doubt make it culpable homicide, the offence will
not intend to kill B or cause death by doing an act that he knew was likely not be ‘murder’ unless the ingredients of one of the four clauses of
to cause death. section 300 be attracted.
Explanation 1. A person who causes bodily injury to another who If the offence does not attract the ingredients of one of the four
is labouring under a disorder, disease or bodily infirmity, and thereby clauses of section 300 it would not be 'murder' and will remain
accelerates the death of that other, shall be deemed to have caused his culpable homicide not amounting to murder. In view of the opening
death. words of section 300 an offence of culpable homicide will also amount
Explanation 2. Where death is caused by bodily injury, the person to murder if any of the five exceptions mentioned in the section be
who causes such bodily injury shall be deemed to have caused the death, attracted to the facts of a particular case.
although by resorting to proper remedies and skilful treatment the death
might have been prevented. Bander Ali vs State 40 DLR (AD) 200 - In the case of culpable
Explanation 3.The causing of the death of a child in the mother's homicide the intention or knowledge is not so positive or definite. The
womb is not homicide. But it may amount to culpable homicide to cause injury caused may or may not cause the death of the victim. To find
the death of a living child, if any part of that child has been brought forth, that the offender is guilty of murder, it must be held that his case falls
though the child may not have breathed or been completely born. within any of the four clauses of section 300, otherwise he will be
guilty of culpable homicide not amounting to murder. Facts of the case
Case Law show that death was caused without premeditation.
Section-299 Bander All vs State 40 DLR (AD) 200 - In the case of culpable
Abul Lais vs State, 22 DLR 419 - Death of the victim by a single homicide the intention or knowledge is not so positive or definite. The
blow and the charge of murder does not lie, circumstance thereof. injury caused may or may not cause the death of the victim. To find
Khan Abdul Hafiz vs State 7 BCR (AD) 214 - Provocation that the offender is guilty of murder, it must be held that his case falls
contemplated in Exception 1 of section 300, Penal Code, shall not only within any of the four clauses of section 300, otherwise he will be
be 'grave' but also it shall be 'sudden' and if considerable time guilty of culpable homicide not amounting to murder. Facts of the case
intervenes in which the passion aroused by the provocation subsides, show that death was caused without premeditation.
then there is hardly any scope for deprivation of power of self-control. State, represented by the Solicitor to the Government of the
In this case the provocation given by the remark 'chololok' was not People's Republic of Bangladesh vs Ashraf Ali and others 46 DLR
directed at the principal assailant Hafiz. Secondly, a considerable time (AD) 241 - When death is probable it is culpable homicide and when
aviv-300

The Penal Code, 1860 225 226 The Penal Code, 1860
death is most probable it is murder. Mere killing of a person is not
murder or culpable homicide, but it is so when caused with certain Sec. 300. Murder.Except in the cases hereinafter excepted, culpable
guilty intention. homicide is murder, if the act by which the death is caused is done with
the intention of causing death or-
Sreenarayan (1947) 27 Pat 67; A struck B on the head a single
blow with a piece of firewood. B fell down bleeding from her nose and Secondly.If it is done with the intention of causing such bodily
injury as the offender knows to be likely to cause the death of the person
became senseless. A and his wife W thought that B was dead and so
to whom the harm is caused or –
they placed B on the wooden pyre and set fire to it which caused B’s
Thirdly.If it is done with the intention of causing bodily injury to
death. A and W were convicted under this section. On appeal by A and
any person and the bodily injury intended to be inflicted is sufficient in
W it was held that the appellants were not liable to be convicted under the ordinary course of nature to cause death or –
S.302, as they had no intention to cause the death but were liable to be
Fourthly.If the person committing the act knows that it is so
convicted under S.304, as they acted with gross negligence and when imminently dangerous that it must, in all probability, cause death, or such
an act was done with gross negligence law imputed to the offenders bodily injury as is likely to cause death, and commits such act without any
the necessary knowledge. excuse for incurring the risk of causing death or such injury as aforesaid.
Amirchand Ahir vs. Krishna Kumar 1997 Cr LJ 1416 (Raj; in Illustrations
the course of a trivial dispute the accused gave the deceased a severe (a) A shoots Z with the intention of killing him. Z dies in consequence.
push on the back which caused him to fall on the road below, a A commits murder.
distance of two and half cubits. In falling the deceased sustained an (b) A, knowing that Z is labouring under such a disease that a blow is
injury from which tetanus resulted, which caused his death on the fifth likely to cause his death, strikes him with the intention of causing bodily
day after. It was held that this was simply a case of using criminal injury. Z dies in consequence of the blow. A is guilty of murder, although
the blow might not have been sufficient in the ordinary course of nature to
force.
cause the death of a person in a sound state of health. But if A, not
Gonesh Dooley (1879) 5 Cal 351; a snake charmer, to show his knowing that Z is labouring under any disease, gives him such a blow as
own skill, placed a venomous snake, whose fangs had not been would not in the ordinary course of nature kill a person in a sound state of
extracted, on the head of a spectator, without the intention to cause health, here A, although he may intend to cause bodily injury, is not guilty
harm, and the spectator in trying to push off the snake was bitten and of murder, if he did not intend to cause death or such bodily injury as in
died in consequence, it was held that he was guilty under clause 3 of the ordinary course of nature would cause death.
S.299. (c) A intentionally gives Z a sword-cut or club-wound sufficient to
When death is probable it is culpable homicide and hen death is cause the death of a man in the ordinary course of nature. Z dies in
most probable it is murder. Mere killing of a person is not murder or consequence. Here A is guilty of murder, although he may not have
culpable homicide, but it is so when caused with certain guilty intended to cause Z's death.
intention. Sate, represented by the Solicitor to the Government of the (d) A without any excuse fires a loaded cannon into a crowd of persons
and kills one of them. A is guilty of murder, although he may not have had
People's Republic of Bangladesh vs Ashraf Ali 46 DLR (AD) 241
a premeditated design to kill any particular individual.
In the case of culpable homicide the intention or knowledge is not
When culpable homicide is not murder:
so positive or definite. The injury caused may or may not cause the
Exception 1.Culpable homicide is not murder if the offender, whilst
death of the victim. To find that the offender is guilty of murder, it
deprived of the power of self-control by grave and sudden provocation,
must be held that his case falls within any of the four clauses of
causes the death of the person who gave the provocation or cause the
section 300, otherwise he will be guilty of culpable homicide not death of any other person by mistake or accident.
amounting to murder. Facts of the case show that death was caused
The above exception is subject to the following provisos:
without premeditation. Bandez All vs State 40 DLR (AD) 200.
The Penal Code, 1860 225 226 The Penal Code, 1860
Firstly.That the provocation is not sought or voluntarily provoked Illustration
by the offender as an excuse for killing or doing harm to any person. Z attempts to horsewhip A, not in such a manner as to cause grievous
Secondly.That the provocation is not given by anything done in hurt to A. A draws out a pistol. Z persists in the assault. A believing in
obedience to the law, or by a public servant in the lawful exercise of the good faith that can by no other means prevent himself from being
powers of such public servant. horsewhipped, shoots Z dead. A has not committed murder, but only
Thirdly.That the provocation is not given by anything done in the culpable homicide.
lawful exercise of the right of private defense. Exception 3.Culpable homicide is not murder if the offender, being
Explanation.Whether the provocation was grave and sudden a public servant or aiding a public servant acting for the advancement of
enough to prevent the offence from amounting to murder is a question of public justice, exceeds the powers given to him by law, and causes death
fact. by doing an act which he, in good faith, believes to be lawful and
Illustrations necessary for the due discharge of his duty as such public servant and
(a) A, under the influence of passion excited by a provocation given by without ill-will towards the person whose death is caused.
Z, intentionally kills Y, Z's child. This is murder, inasmuch as the Exception 4.Culpable homicide is not murder if it is committed
provocation was not given by the child, and the death of the child was not without premeditation in a sudden fight in the heat of passion upon a
caused by accident or misfortune in doing an act caused by the sudden quarrel and without the offender's having taken undue advantage
provocation. or acted in a cruel or unusual manner.
(b) Y gives grave and sudden provocation to A. A, on this provocation Explanation.It is immaterial in such cases which party offers the
fires a pistol at Y, neither intending nor knowing himself to be likely to provocation or commits the first assault.
kill Z, who is near him, but out of sight. A kills Z. Here A has not Exception 5.Culpable homicide is not murder when the person
committed murder, but merely culpable homicide. whose death is caused, being above the age of eighteen years, suffers
(c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and death or takes the risk of death with his own consent.
violent passion by the arrest, and kills Z. This is murder, inasmuch as the Illustration
provocation was given by a thing done by a public servant in the exercise A, by instigation, voluntarily causes Z, a person under eighteen years
of his powers. of age, to commit suicide. Here, on account of Z's youth, he was
(d) A appears as a witness before Z, a Magistrate. Z says that he does incapable of giving consent to his own death; A has therefore abetted
not believe a word of A's deposition, and that A has perjured himself, A is murder.
moved to sudden passion by these words, and kills Z. This is murder. Case Law
(e) A attempts to pull Z's nose. Z, in exercise of the right of private Abdus Sukur Mia vs State 48 DLR 228-When the victim went
defense, lays hold of A to prevent him from doing so. A is moved to to bed with her husband and was found subsequently dead there, he
sudden and violent passion in consequence, and kills Z. This is murder, bears a serious obligation to account for her death.
inasmuch as the provocation was given by a thing done in the exercise of
the right of private defense. State vs Abdul Howlader 48 DLR 257-When all that the accused
(f) Z strikes B. B is by this provocation excited to violent rage. A, a by intended was to strike his wife and the strike by mistake hit their
stander, intending to take advantage of B's rage, and to cause him to kill Z, newly bom baby which had led to the killing, such of the accused falls
puts a knife into B's hand for that purpose. B kills Z with the knife. Here B within the purview of exception I of section 300.
may have committed only culpable homicide, but A is guilty of murder. Md Abdul Majidvs State 40 DLR (AD) 83-The weapon used
Exception 2.Culpable homicide is not murder if the offender, in the was a lethal one and the injury grave in nature was caused on the vital
exercise in good faith of the right of private defense of person or property, part of the body. The act was done with the intention of causing such
exceeds the powers given to him by law and causes the death of the bodily injury intended to be inflicted as was sufficient in the ordinary
person against whom he is exercising such right of defense without course of nature to cause death. It falls clearly within the 1st, 2nd &
premeditation, and without any intention of doing more harm than is
3rd clauses of section 300 Penal Code.
necessary for the purpose of such defense.
The Penal Code, 1860 225 226 The Penal Code, 1860
Momin Malitha vs State 41 DLR 37-The present case is covered premeditation on the side of the accused without which he would not
by the exceptions to the section 300 of Penal Code. From the facts and have come armed with lethal weapons.
circumstances of the case, we think that the criminal acts of the Abdul Aziz Mina vs State 48 DLR 382-Accused Abdul Aziz
accused respondents which resulted in the death of the victim Mina has acted in a cruel and unusual manner and also took undue
constitute culpable homicide not amounting to murder punishable advantage in inflicting 4 knife blows on the person of victim Jalal
under section 304 Part I of the Penal Code. which ultimately caused his death. There-fore, the offence as
On a consideration of the facts and circumstances of the case, it committed by accused Abdul Aziz Mina does not in any way attract
appears that the case is covered by exception-1 to section 300 of the the provision of Exception 4 of section 300 but attracts the provision
Penal Code and accordingly the conviction of the appellants is altered of section 300 that it is a voluntary infliction of knife blows with the
from section 302 to 304 Part I of the Penal Code and the sentence of intention of causing death and, as such, accused Abdul Aziz Mina
each of the appellants is reduced to RI for 10 years each thereunder. cannot escape the liability of causing homicide amounting to murder.
Momin Malitha vs State 41 DLR 37-Appellant cannot be State vs Montu 44 DLR (AD) 287-Culpable homicide—The
convicted and sentenced under section 302 as the alleged offence injuries, though caused intentionally, are of such a nature that these
comes within the ambit of Exceptions I and 4, section 300 of the Penal are "likely to cause death" and this does not constitute murder—It
Code. constitutes culpable homicide not amounting to murder.
From the evidence on record, it transpires that there was quarrel State vs Abdul Khaleque 46 DLR 353- As there is a possibility
and golmal over the fencing on the disputed land and also altercation that before the occurrence there might have been some sort of
took place on the day of occurrence between the parties over removal altercation between the accused and the deceased or loss of temper by
of the fencing which ultimately culminated into a 'maramari' causing the accused, it cannot be held that it was a premeditated murder.
thereby bleeding injury on the person of the appellant's son Kalu on Arzan @ Iman Ali vs State 48 DLR 287-The word murder
one hand and the death of victim Abdul Karim on the other. Besides, appearing in section 396 of the Penal Code and the word murder
the injury on the person of the son of accused Momin Malitha could appearing in section 300 of the Penal Code is not the same thing. In
not be explained away by the prosecution. It also appears that the section 396 the liability of commission of murder is conjoint while
accused had no undue advantage in the matter. Be that as it may, on a commission of murder as defined under section 300 is absolutely an
careful consideration of the facts and circum-stances of the case and individual liability.
the evidence on record and also the relevant provisions of law, we are
Abdul Mazid vs State 58 DLR 355-The offence committed by the
of the view that the alleged offence committed by this appellant
accused, found aggressive with the intention of committing murder, is
Momin Malitha comes within the ambit of the Exceptions I and 4 of
a culpable homicide not amounting to murder falling within exception
section 300 of the Penal Code and as such this appellant cannot be
No. 1 of section 300, Penal Code considering the state of his mind and
convicted and sentenced under section 302 of the Penal Code.
it is a punishable offence under section 304 part-I of the Penal Code.
Dilip vs State 43 DLR 269-Murder-Right of private defence—In
State vs Mokammel Hyeath Khan 58 DLR 373-Although this
the case of right of private defence of property one accused of murder
clause is usually invoked in those cases where there was no intention
must prove that the property in question was his property. When upon
to cause death of any particular person this clause may on its terms be
evidence it is found that the primary object of the accused was to make
used in those cases where there is so much callousness towards the
a forcible attempt to snatch away the paddy of the informant party
result and the risk taken is such that it may be stated that the person
question of defending such right cannot arise. It was suggested that the
knows that act is likely to cause death.
informant party carried any weapon or made any kind of assault on the
accused while, on the other hand, the accused were found to have been Esarudin Mondal vs Abdus Sobhan 28 DLR 341 - Culpable
armed with lethal weapons. In this case there was certainly homicide is committed by an act not only done with the intention of
The Penal Code, 1860 225 226 The Penal Code, 1860
causing death but also with the knowledge that death is likely to be Majibar Rahman vs State 19S3 BLD 145 - Grave and sudden
caused thereby. To hurl a fala at (he chest of a person is certainly an provocation—Deprivation of the power of self-control—Test of grave
act done either with the guilty intention or with the guilty knowledge and sudden provocation—The test of grave and sudden provocation is
as defined in law. whether a reasonable man belonging to the same class of society as the
Addl. Advocate-General, Karachi vs Md Siddique, 21 DLR accused, placed in the situation in which the accused was placed, can
(WP) 190 - Medical evidence describing the injury as sufficient in the be so provoked as to cause loss of its self-control—Provocation must
ordinary course of nature to cause death does not necessarily mean the be such as will upset not merely a hasty, hot-headed and
injury was caused with the intention or knowledge to cause death. hypersensitive person but would upset also a person of ordinary sense
Solitary injury caused on the arm of the deceased by a small knife and and calmness—Provocation contemplated by section 300 of the Penal
abstention from repeating attacks rules out accused's intention to cause Code should be of such a character as to deprive the offenders of self-
death or knowledge that death would be caused. control.
Ruhul Amin Mondal vs State I BLC 281 - Exceptions 2 & 4—As State vs Tayeb Ali and others 1987 BLD (AD) 265 - Murder—Ali
the appellant assaulted the brother of the deceased who along with murders are culpable homicides but all culpable homicides are not
others went to take revenge on the appellant and there were scuffles murders—Excepting the general exceptions attached to the definition
between the appellant and Mokhtar, the deceased and out of fear of of murder and committed either with certain guilty intention or with
retaliation the appellant gave one knife blow only to free himself from certain guilty knowledge constitutes culpable homicide amounting to
Mokhtar and ran for safety which became fatal to Mokhtar but the murder—If the criminal act is done with the intention of causing
conduct of the appellant is preventive and not retributive satisfying the death, then it is murder clear and simple—If death is likely to result in
legal requirement of the right of private defence. the injuries, it is culpable homicide not amounting to murder but if
death is the most likely result, then it is murder.
State vs Firoj Miah and another 5 BLC 1 - As the deceased
Sohag did not give any provocation to condemned prisoner Firoj when Md Humayun Kabir vs State 1987 BLD 338 - Murder and
admittedly there was no altercation or quarrel between them and when culpable homicide—Plea of exception on the ground of grave and
the deceased’s two children and other deceased persons were unarmed sudden provocation—When not tenable—The defence did not even
as evidenced the condemned prisoner took an advantage over them produce any medical certificate to show the nature of the injury
and in such circumstances the case does not come within the purview received by the accused and there was no suggestion that the appellant
of exception one or exception four of section 300 of the Code. was assaulted by anyone to rouse provocation in him—There is no
reason to reduce the offence to one of culpable homicide not
State vs Siddiqur Kahman 2 BLC 145- The alleged provocation
amounting to murder as he acted in a cruel manner.
cannot be treated as grave and sudden as it had taken place 12 hours
before the murder which does not attract the first exception to section Md Ayub Ali vs State, BCR 1987 (AD) 66 - Murder case—
300 of the Code and the actions taken by the deceased against the Incident in broad day light—Consistent direct evidence of the
condemned-convict come within the scope of second proviso to the complainant and nine other eyewitnesses against the accused appellant
first exception of section 300 of the Penal Code. who struck the victim with a knife and after continuous assault for
three hours, giving finishing touch with an axe—Victim's death
State vs ASI Md Ayuh Ali Sardar & another 8 BLC 177 -
resulted from the injuries including bone fracture—the act of killing
Evidence on record revealed that there had been no serious
whether constituted murder—Inflicting the injuries accused appellant
apprehension in the mind of the condemned prisoners of facing death
acted in very cruel and unusual manner which brings his action within
which prompted them to fire at Abdul Aziz Mridha and Amjed Khan,
the ambit of Clause (4) of section 300—Accused appellant rightly
who succumbed to their injuries, the condemned prisoners exceeded
convicted for murder—High Court's decision upheld.
the right of private defence if at all they would have taken that stand.
The Penal Code, 1860 225 226 The Penal Code, 1860
Held: Even if the contention that the appellant had neither any Sec. 304. Punishment for culpable homicide not amounting to
intention to cause the death nor any intention to inflict bodily injury murder.Whoever commits culpable homicide not amounting to
most likely to cause the death, still we find that the accused had the murder, shall be punished with imprisonment for life or imprisonment of
knowledge that the injuries he caused were so dangerous thai they either description for a term which may extend to ten years and shall also
would in all probability, cause the death and that inflicting these be liable to fine, if the act by which the death is caused is done with
injuries he acted in a very cruel and unusual manner. This brings his intention of causing death or of causing such bodily injury as is likely to
action within Clause (4) of section 300 of the Penal Code. The cause death;
appellant is therefore found to have been rightly convicted for murder. or with imprisonment of either description for a term which may
extend to ten years, or with fine, or with both, if the act is done with the
State vs Darajuddin Mondal 13 DLR 256 - The evidence knowledge that it is likely to cause death, but without any intention to
discloses that there was an altercation between the deceased and the cause death or to cause such bodily injury as is likely to cause death.
accused before the assault on the deceased was made and ii was
thereupon contended that there was a sufficient provocation to the Case Law
accused to bring his act within the Exception 1 to section 300 PPC. Nibir Ch Chowdhury vs State 53 DLR (AD) 113.-Section 304 of
the Penal Code, which consists of two parts, does not create any offence,
Held : The factum of a mere altercation cannot suffice to bring the but provides for punishment of culpable homicide not amounting to
said exception into operation. To that end it is necessary to show the murder. The first part applies to a case where there is guilty intention and
exact nature of the altercation. It is well-settled that in order to entitle the second part applies where there is no such intention, but there is guilty
one to the protective benefit of this exception it has to be distinctly knowledge.
shown not only that the act was done under the influence of some Dalilur Rahman vs State 44 DLR 379.-Culpable homicide not
feeling which took away from the person doing it all control over his amounting to murder—In the absence of any conspiracy, pre-plan or
action but that feeling had an adequate cause. premeditation on the part of the accuseds while inflicting injuries
Arzan @ Iman Ali vs State 48 DLR 287 - The word murder resulting in the death of the victim 4 days after the occurrence, the
appearing in section 396 of the Penal Code and the word murder accuseds did not intend to cause his death but they caused culpable
appearing in section 300 of the Penal Code is not the same thing. In homicide not amounting to murder.
section 396 the liability of commission of murder is conjoint while State vs Shah Alam 56 DLR 232.-Unfortunately if the mens rea is
commission of murder as defined under section 300 is absolutely an absent in causing death of any person it would amount to culpable
individual liability. homicide not amounting to murder and one may be liable to be punished
Sec. 301. Culpable homicide by causing death of person other than under section 304 Part II of the Penal Code depending on the facts and
circumstances proved in a criminal case.
person whose death was intended.If a person, by doing anything
State vs Abdul Barek 54 DLR (AD) 28.-The injury caused was not
which he intends or knows to be likely to cause death, commits culpable
on the vital part and there was no evidence that the accused knew about the
homicide by causing the death of any person, whose death he neither
pregnancy of the victim. Under the circumstances the accused committed
intends nor knows himself to be likely to cause, the culpable homicide
an offence punishable under section 304 Part-II of the Code.
committed by the offender is of the description of which it would have
Shaikh Baharul Islam vs State 43 DLR 336.-Joint action—
been if he had caused the death of the person whose death he intended or
Omission may also render an offender liable for punishment —If a man
knew himself to be likely to cause.
joins with another to assault a person, even though the original intention
Sec. 302. Punishment for murder.Whoever commits murder shall
was merely to inflict relatively harmless injuries, but if he sees his
be punished with death or imprisonment for life and shall also be liable to
companions in course of the action giving serious beating which is likely
fine.
to cause his death, but he does not take any step to interfere and the victim
Sec. 303. Punishment for murder by life-convict.Whoever, being dies, such omission may render him liable under section 304.
under sentence of imprisonment for life, commits murder, shall be
punished with death.
The Penal Code, 1860 225 226 The Penal Code, 1860
Shaikh Baharul Islam vs State 43 DLR 336.-Since accused Abdul Abdul Khaleque vs State 45 DLR 75.Culpable homicide not
Bari merely in an innocent manner brought the victim in obedience to amounting to murder—From the facts proved it is clear that the victim did
OC's order, he is not involved in any criminal act. not die immediately after assault by her husband. There is no evidence of
Hafizur Rahman vs State 57 DLR 588.-The person as referred to in ill-feeling between the two, rather it is in evidence that he enticed her
this section includes a human being and, as such, a dead child which was away and then married her. In the circumstances the accused-husband is
bom to the opposite party No. 2 informant after operation falls within not guilty of murder but of culpable homicide not amounting to murder.
category of human being. Abdul Khaleque vs State 48 DLR 446.-There was none to stop
State vs Giasuddin 45 DLR 267.-The immediate cause that Rashid to deal repeated blows if he had the intention to kill—he merely
triggered off serious violence and resulted in the loss of four lives though had struck one blow which eliminates the intention to kill. Therefore, the
calls for the maximum punishment, being shrouded in mystery a lesser intention to kill is lacking—It is not a case of culpable homicide
punishment may meet the ends of justice. amounting to murder but a culpable homicide not amounting to murder.
Jatin Chandra Sil vs State 43 DLR (AD) 223.-Culpable homicide Santosh Mia vs State 42 DLR 171.-Attack on the deceased by the
— Intention to cause death—From the evidence there can be no manner appellant in an infuriated state— Imposition of 5 years' imprisonment is a
of doubt that the assault was done with the intention of causing such proper sentence.
bodily injury as was likely to cause death. The accused-husband was not The criminal and not the crime must figure prominently in shaping
content by striking his wife with a branch of a tree but was reckless the sentence. Reform of the individual in the society and other necessities
enough to kick her in the tender part of her body which immediately to prevent recurrence are right factors. Heinous-ness of the crime is a
caused bleeding. It was not a case of mere knowledge only (to constitute relevant factor in the choice of sentence.
offence under section 304 Part II) that such act was likely to cause death State vs Aynul Hoque Mollah 60 DLR 255.-The death of the victim
but that the intention to cause such injury as is likely to cause death was was without any premediation caused in a sudden provocation resulting
very clear. It is true there is no finding as to "intention" either in the from use of insulting language. The accused Aynal Hoque Mollah
impugned judgment or in the judgment of the trial Court. This is certainly inflicted ‘dao’ blow on the left chest of the victim in the heat of passion
not desirable because the law requires a clear finding as to "intention" and thus such act clearly falls under section 304 part II of the Penal Code.
before recording a conviction under Part I of section 304. Kedar Prasad vs. State of M.P. AIR 1992 SC 1629: 1992 Cr LJ
Notwithstanding the absence of the requisite finding as to intention, the 2520.-three accused persons assaulted the deceased, one of the accused
appellant-husband was rightly convicted. gave the fatal blow on the victim’s head, the second accused caused
State vs Khalilur Rahman 48 DLR J 84.-The accused was free to simple injuries on the knee and arm with spear, and the third gave simple
inflict as many blows as he liked—That he dealt merely one blow shows blows. It was held that the first accused was liable to be convicted under
that he did not intend to kill the victim. The killing cannot be termed S.304, part I, and as section 34 was not applicable, the second was
murder. convicted under S.324 and the conviction of the third accused under S.323
State vs Abdul Barek 54 DLR (AD) 28 .-Respondent by inflicting was upheld.
the injury on the chest resulting the death of the victim committed an Didar Singh Nihala vs. State AIR 196: Punj. 321 at p.323 accused
offence under section 304 Part-I of the Code for causing the bodily injury gave lathi blows on head to deceased R and his brother M. R never
as was likely to cause death. regained consciousness and died at the following day due to injury on the
Nasir Howlader vs State 56 DLR 151.-The accused used dangerous head. The fight had suddenly developed in the heat of passion. Accused
weapon like spade and gave murderous blow one after another on the though could be fixed with knowledge that blows were such as were
occipital region of the head at least to cause such bodily injuries as were likely to cause death were not animated with the intention to cause death.
likely to cause death of the deceased. As such it must be said he had It was held that the offence falls under the second part of sec.304 and not
intention at least to cause such bodily injuries as were likely to cause the first one.
death which comes within the mischief of first part of section 304 of the Government of Bangladesh vs Siddique Ahmed 31 DLR(AD) 29 -
Code. . Section 304 of the Penal Code consists of two parts—Under the first part
of the section, if the intention to kill is present, and the act would have
The Penal Code, 1860 225 226 The Penal Code, 1860
amounted to murder or the act is done with the intention of causing such The Supt, & Remembrancer of Legal Affairs, Govt - of
bodily injury as is likely to cause death, but the act having fallen within Bangladesh, vs Siddique Ahmed. 31 DLR (AD) 29 - Features of two
any one of the five Exceptions in section 300 of the Code, the offence will parts of the section—Applicability.
fall within its ambit. The second part of the section is attracted to a case Held: Section 304 of the Code which consists of 2 parts, does not
where the act is done with the knowledge likely to cause death but create any offence but provides for the punishment of manslaughter or
without any intention of causing death or to a case where such bodily culpable homicide not amounting to murder. The section makes a
injury is caused or is likely to cause death. The first part applies to a case distinction in the word of punishment. The first part applies to a case
where there is guilty intention, and the second part there is no such where there is guilty intention and the second part where there is no such
intention, but there is guilty knowledge. intention, but there is guilty knowledge.
Dalilur Rahman vs State 44 DLR 379 - Culpable homicide not
amounting to murder—In the absence of any conspiracy, pre-plan or Sec. 304A. Causing death by negligence.Whoever causes the
premeditation on the part of the accuseds while inflicting injuries death of any person by doing any rash or negligent act not amounting to
resulting in the death of the victim 4 days after the occurrence, the culpable homicide shall be punished with imprisonment of either
accuseds did not intend to cause his death but they caused culpable description for a term which may extend to five years or with fine or with
homicide not amounting to murder. both.
Nibir Chandra Chowdhury and others vs State 53 DLR (AD) 113 - Sec. 304B. Causing death by rash driving or riding on a public
Section 304 of the Penal Code, which consists of two parts, does not way.Whoever causes the death of any person by rash or negligent
create any offence, but provides for punishment of culpable homicide not driving of any vehicle or riding on any public way not amounting to
amounting to murder. The first part applies to a case where there is guilty culpable homicide shall be punished with imprisonment of either
intention and the second part applies where there is no such intention, but description for a term which may extend to three years, or with fine, or
there is guilty knowledge. with both.
Md Shah Alatn and others vs The State 1985 BLD(AD) 198 - Sec. 305. Abetment of suicide of child or insane person.If any
Culpable homicide— Committed under provocation—Even if the person under eighteen years of age, any insane person, any delirious
appellants were provoked, the nature of the injuries shows that they person, any idiot or any person in a state of intoxication commits suicide,
assaulted the deceased with the intention to kill and in that view of the whoever abets the commission of such suicide shall be punished with
matter the offence committed falls under Part I of section 304 of the Penal death or imprisonment for life or imprisonment for a term not exceeding
Code. ten years and shall also be liable to fine.
Abdur Rashid vs State 1996 BLD 379-When culpable homicide does Sec. 306. Abetment of suicide.If any person commits suicide,
not amount to murder—When in the course of tussles, hot Aliercations whoever abets the commission of such suicide, shall be punished with
and grappling between the parties the accused deals only one knife blow imprisonment of either description for a term which may extend to ten
to the victim who was at his mercy under unexplained circumstances, it is years and shall also be liable to fine.
to be held that there was no intention on the part of the accused to kill the Sec. 307. Attempt to murder.Whoever does any act with such
victim. In such a case the offence does not come within the mischief of intention or knowledge, and under such circumstances that, if he by that
murder but it comes within the mischief of culpable homicide not act caused death, he would be guilty of murder, shall be punished with
amounting to murder. imprisonment of either description for a term which may extend to ten
Nibir Chandra Chowdhury & others vs State 2001 BLD (AD) 120 - years, and shall also be liable to fine; and, if hurt is caused to any person
Section 304 of the Penal Code, which consists of two pans, does not by such act, the offender shall be liable either to imprisonment for life, or
create any offence, but provides for punishment of culpable homicide not to such punishment as is hereinbefore mentioned.
amounting to murder. The first part applies lo a case where there is guilty Attempts by life-convicts.When any person offending under this
intention and the second part applies where there is no such intention but section is under sentence of imprisonment for life, he may, if hurt is
there is guilty knowledge. In the instant case the appellants ought to have caused, be punished with death.
been convicted under Part II of section 304 of the Penal Code.
The Penal Code, 1860 225 226 The Penal Code, 1860
Illustrations Of the causing of Miscarriage, of Injuries to unborn Children,
(a) A shoots at Z with intention to kill him, under such circumstances of the Exposure of Infants, and of the Concealment of Births.
that, if death ensued, A would be guilty of murder. A is liable to
Sec. 312. Causing miscarriage.Whoever voluntarily causes a
punishment under this section.
woman with child to miscarry, shall, if such miscarriage be not caused in
(b) A with the intention of causing the death of a child of tender years
good faith for the purpose of saving the life of the woman, be punished
exposes it in a desert place. A has committed the offence defined by this
with imprisonment of either description for a term which may extend to
section, though the death of the child does not ensue.
three years, or with fine, or with both; and, if the woman be quick with
(c) A, intending to murder Z, buys a gun and loads it. A has not yet
child, shall be punished with imprisonment of either description for a term
committed the offence. A fires the gun at Z. He has committed the offence
which may extend to seven years, and shall also be liable to fine.
defined in this section, and, if by such firing he wounds, he is liable to the
Explanation.A woman who causes herself to miscarry, is within the
punishment provided by the latter part of the first paragraph of this
meaning of this section.
section.
(d) A, intending to murder Z, by poison, purchases poison and mixes Sec. 313. Causing miscarriage without women's consent.
the same with food which remains in A's keeping; A has not yet Whoever commits the offence defined in the last preceding section
committed the offence in this section. A places the food on Z's table or without the consent of the woman, whether the woman is quick with child
delivers it to Z's servants to place it on Z's table. A has committed the or not, shall be punished with imprisonment for life or with imprisonment
offence defined in this section. of either description for a term which may extend to ten years and shall
also be liable to fine.
Sec. 308. Attempt to commit culpable homicide.Whoever does
Sec. 314. Death caused by act done with intent to cause
any act with such intention or knowledge and under such circumstances
that, if he by that act caused death, he would be guilty of culpable miscarriage.Whoever, with intent to cause the miscarriage of a woman
homicide not amounting to murder, shall be punished with imprisonment with child, does any act which causes the death of such woman, shall be
of either description for a term which may extend to three years or with punished with imprisonment of either description for a term which may
fine or with both; and, if hurt is caused to any person by such act, shall be extend to ten years, and shall also be liable to fine,
punished with imprisonment of either description for a term which may If act done without women's consent.and if the act is done without
extend to seven years or with fine or with both. the consent of the woman, shall be punished either with imprisonment for
Illustration life, or with the punishment above-mentioned.
A, on grave and sudden provocation, fires a pistol at Z, under such Explanation.It is not essential to this offence that the offender
circumstances that if he thereby caused death he would be guilty of should know that the act is likely to cause death.
culpable homicide not amounting to murder. A has committed the offence Sec. 315. Act done with intent to prevent child being born alive or
defined in this section. to cause it to die after birth.Whoever before the birth of any child
Sec. 309. Attempt to commit suicide.Whoever attempts to commit does any act with the intention of thereby preventing that child from being
suicide and does any act towards the commission of such offence, shall be born alive or causing it to die after its birth and does by such act prevent
punished with simple imprisonment for a term which may extend to one that child from being born alive or causes it to die after its birth, shall, if
year or with fine or with both. such act be not caused in good faith for the purpose of saving the life of
Sec. 310. Thug.Whoever, at any time after the passing of this Act, the mother, be punished with imprisonment of either description for a
shall have been habitually associated with any other or others for the term which may extend to ten years or with fine or with both.
purpose of committing robbery or child-stealing by means of or Sec. 316. Causing death of quick unborn child by act amounting to
accompanied with murder, is a thug. culpable homicide.Whoever does any act under such circumstances,
Sec. 311. Punishment.Whoever is a thug, shall be punished with that if he thereby caused death he would be guilty of culpable homicide,
imprisonment for life, and shall also be liable to fine. and does by such act cause the death of a quick unborn child, shall be
punished with imprisonment of either description for a term which may
extend to ten years and shall also be liable to fine.
The Penal Code, 1860 225 226 The Penal Code, 1860
Illustration Bazlur Rahman Howlader alias Jilu and 3 others vs State,
A, knowing that he is likely to cause the death of a pregnant woman, represented by the Deputy Commissioner 51 DLR 457 - There is no
does an act which, if it caused the death of the woman, would amount to evidence that any of the injuries endangered the life of any of the victims.
culpable homicide. The woman is injured but does not die; but the death There was no fracture, the victims were discharged from the hospital after
of an unborn quick child with which she is pregnant thereby caused. A is treatment of several days. There is no evidence to show that any of the
guilty of the offence defined in this section. victim suffered severe bodily pain for a period of 20 days or unable to
Sec. 317. Exposure and abandonment of child under twelve years by follow his ordinary pursuits. So the conviction under sections 326 and 325
parent or person having care of it.Whoever being the father or mother of the Penal Code is not proper and legal.
of a child under the age of twelve years, or having the care of such child, Bazlur Rahman Howlader alias Jilu vs State, represented by the
shall expose or leave such child in any place with the intention of wholly Deputy Commissioner 51 DLR 457.-There is no evidence that any of the
abandoning such child, shall be punished with imprisonment of either injuries endangered the life of any of the victim. There was no fracture,
description for a term which may extend to seven years or with fine or with the victims were discharged from the hospital after treatment of several
both. days. There is no evidence to show that any of the victim suffered severe
Explanation This section is not intended to prevent the trial of the bodily pain for a period of 20 days or unable to follow his ordinary
offender for murder or culpable homicide, as the case may be, if the child pursuits. So the conviction under sections 326 and 325 of the Penal Code
die in consequence of the exposure. is not proper and legal.
Sec. 318. Concealment of birth by secret disposal of dead Ershad Ali Sikder vs State 57 DLR (AD) 75.The mere fact that the
body.Whoever, by secretly burying or otherwise disposing of the dead victim luckily survived for weeks on account of treatment in the hospital
body of a child whether such child die before or after or during its birth, is no ground to award lesser sentence.
intentionally conceals or endeavours to conceal the birth of such child,
shall be punished with imprisonment of either description for a term Sec. 321. Voluntarily causing hurt.Whoever does any act with the
which may extend to two years or with fine or with both. intention of thereby causing hurt to any person or with the knowledge that
Of Hurt he is likely thereby to cause hurt to any person and does thereby cause
Sec. 319. Hurt.Whoever causes bodily pain, disease or infirmity to hurt to any person, is said "voluntarily to cause hurt".
any person is said to cause hurt. Sec. 322. Voluntarily causing grievous hurt.Whoever voluntarily
Sec. 320. Grievous hurt.The following kinds of hurt only are causes hurt, if the hurt which he intends to cause or knows himself to be
designated as "grievous". likely to cause is grievous hurt, and if the hurt which he causes is grievous
Firstly.- Emasculation. hurt, is said “voluntarily to cause grievous hurt".
Secondly.- Permanent privation of the sight of either eye. Explanation.-A person is not said voluntarily to cause grievous hurt
Thirdly.- Permanent privation of the hearing of either ear. except when he both causes grievous hurt and intends or knows himself to
Fourthly.- Privation of any member or joint. be likely to cause grievous hurt. But he is said voluntarily to cause
Fifthly.- Destruction or permanent impairing of the grievous hurt, if intending or knowing himself to be likely to cause
powers of any member or joint. grievous hurt of one kind, he actually causes grievous hurt of another
Sixthly.- Permanent disfiguration of the head or face. kind.
Seventhly. Fracture or dislocation of a bone or tooth. Illustration
- A, intending or knowing himself to be likely permanently to disfigure
Eighthly.- Any hurt which endangers life or which causes Z's face, gives Z a blow which does not permanently disfigure Z's face,
the sufferer to be during the space of twenty days in but which causes Z to suffer severe bodily pain for the space of twenty
severe bodily pain, or unable to follow his ordinary days. A has voluntarily caused grievous hurt.
pursuits. Sec. 323. Punishment for voluntarily causing hurt.Whoever,
Case Law except in the case provided for by section 334, voluntarily causes hurt,
The Penal Code, 1860 225 226 The Penal Code, 1860
shall be punished with imprisonment of either description for a term Sec. 327. Voluntarily causing hurt to extort property or to
which may extend to one year or with fine which may extend to one constrain to an illegal act.Whoever voluntarily causes hurt, for the
thousand taka or with both. purpose of extorting from the sufferer or from any person interested in the
Sec. 324. Voluntarily causing hurt by dangerous weapons or sufferer, any property or valuable security or of constraining the sufferer
means.Whoever, except in the case provided for by section 334, or any person interested in such sufferer to do anything which is illegal or
voluntarily causes hurt by means of any instrument for shooting, stabbing which may facilitate the commission of an offence, shall be punished with
or cutting or any instrument which, used as a weapon of offence, is likely imprisonment of either description for a term which may extend to ten
to cause death or by means of fire or any heated substance or by means of years and shall also be liable to fine.
any poison of any corrosive substance or by means of any explosive Sec. 328. Causing hurt by means of poison, etc, with intent to
substance or by means of any substance which it is deleterious to the commit an offence.Whoever administers to or causes to be taken by
human body to inhale, to swallow or to receive into the blood, or by any person any poison or any stupefying, intoxicating or un- wholesome
means of any animal, shall be punished with imprisonment of either drug or other thing with intent to cause hurt to such person, or with intent
description for a term which may extend to three years or with fine or to commit or to facilitate the commission of an offence or knowing it to
with both. be likely that he will thereby cause hurt, shall be punished with
Sec. 325. Punishment for voluntarily causing grievous imprisonment of either description for a term may which extend to ten
hurt.Whoever, except in the case provided for by section 335, years and shall also be liable to fine.
voluntarily causes grievous hurt, shall be punished with imprisonment of Sec. 329. Voluntarily causing grievous hurt to extort property, or
either description for a term which may extend to seven years and shall to constrain to an illegal act.Whoever voluntarily causes grievous hurt
also be liable to fine. for the purpose of extorting from the sufferer or from any person
Sec. 326. Voluntarily causing grievous hurt by dangerous weapons interested in the sufferer any property or valuable security or of
or means.Whoever, except in the case provided for by section 335, constraining the sufferer or any person interested in such sufferer to do
voluntarily causes grievous hurt by means of any instrument for shooting, anything that is illegal or which may facilitate the commission of an
stabbing or cutting or any instrument which, used as a weapon of offence, offence, shall be punished with imprisonment for life or imprisonment of
is likely to cause death or by means of fire or any heated substance or by either description for a term which may extend to ten years and shall also
means of any poison or any corrosive substance or by means of any be liable to fine.
explosive substance or by means of any substance which it is deleterious Sec. 330. Voluntarily causing hurt to extort confession, or to
to the human body to inhale, to swallow or to receive into the blood or by compel restoration of property.Whoever voluntarily causes hurt, for
means of any animal, shall be punished with imprisonment for life or with the purpose of extorting from the sufferer or any person interested in the
imprisonment of either description for a term which may extend to ten sufferer, any confession or any information which may lead to the
years and shall also be liable to fine. detection of an offence or misconduct or for the purpose of constraining
Sec. 326A. Voluntarily causing grievous hurt in respect of both the sufferer or any person interested in the sufferer to restore or to cause
eyes, hand or face by means of corrosive substance, etc.Whoever, the restoration of any property or valuable security or to satisfy any claim
except in the case provided for by section 335, voluntarily causes or demand, or to give information which may lead to the restoration of
grievous hurt of the kind mentioned in any property or valuable security, shall be punished with imprisonment of
(a) clause “secondly” of section 320 in respect of both the eyes either either description for a term which may extend to seven years and shall
by gouging out the same or by means of any corrosive substance; or also be liable to fine.
(b) clause “sixthly” of section 320 by means of any corrosive Illustrations
substance, (a) A, a police-officer, tortures Z in order to induce Z to confess that he
shall be punished with death, or imprisonment for life and shall also be committed a crime. A is guilty of an offence under this section.
liable to fine.
The Penal Code, 1860 225 226 The Penal Code, 1860
(b) A, a police-officer, tortures B to induce him to point out where imprisonment of either description for a term which may extend to one
certain stolen property is deposited. A is guilty of an offence under this month or with fine which may extend to five hundred taka or with both.
section. Sec. 335. Voluntarily causing grievous hurt on provocation.
(c) A, a revenue officer, tortures Z in order to compel him to pay Whoever voluntarily causes grievous hurt on grave and sudden
certain arrears of revenue due from Z. A is guilty of an offence under this provocation, if he neither intends nor knows himself to be likely to cause
section. grievous hurt to any person other than the person who gave the
(d) A, a zamindar, tortures a raiyat in order to compel him to pay his provocation shall be punished with imprisonment of either description for
rent. A is guilty of an offence under this section. a term which may extend to four years or with fine which may extend to
Sec. 331. Voluntarily causing grievous hurt to extort confession, or two thousand taka or with both.
to compel restoration of property.Whoever voluntarily causes Explanation. The last two sections are subject to the same provisos as
grievous hurt for the purpose of extorting from the sufferer or any person Exception 1, section 300.
interested in the sufferer any confession or any information which may Sec. 336. Act endangering life or personal safety to others.
lead to the detection of an offence or misconduct or for the purpose of Whoever does any act so rashly or negligently as to endanger human life
constraining the sufferer or any person interested in the sufferer to restore or the personal safety of others, shall be punished with imprisonment of
or to cause the restoration of any property or valuable security or to either description for a term which may extend to three months or with
satisfy any claim or demand or to give information which may lead to the fine which may extend to two hundred and fifty taka or with both.
restoration of any property or valuable security shall be punished with Sec. 337. Causing hurt by act endangering life or personal safety
imprisonment of either description for a term which may extend to ten of others.Whoever causes hurt to any person by doing any act so rashly
years, and shall also be liable to fine. or negligently as to endanger human life, or the personal safety of others
Sec. 332. Voluntarily causing hurt to deter public servant from his shall be punished with imprisonment of either description for a term
duty.Whoever voluntarily causes hurt to any person being a public which may extend to six months or with fine which may extend to five
servant in the discharge of his duty as such public servant, or with intent hundred taka or with both.
to prevent or deter that person or any other public servant from Sec. 338. Causing grievous hurt by act endangering life or
discharging his duty as such public servant, or in consequence of anything personal safety of others.Whoever causes grievous hurt to any person
done or attempted to be done by that person in the lawful discharge of his by doing any act so rashly or negligently as to endanger human life, or the
duty as such public servant, shall be punished with imprisonment of either personal safety of others, shall be punished with imprisonment of either
description for a term which may extend to three years or with fine or description for a term which may extent to two years or with fine which
with both. may extend to five thousand taka or with both.
Sec. 333. Voluntarily causing grievous hurt to deter public servant Sec. 338A. Causing grievous hurt by rush driving or riding on a
from his duty.Whoever voluntarily causes grievous hurt to any person public way.Whoever causes grievous hurt to any person by driving any
being a public servant in the discharge of his duty as such public servant, vehicle or riding on any public way so rashly or negligently as to
or with intent to prevent or deter that person or any other public servant endanger human life or the personal safety of others shall be punished
from discharging his duty as such public servant, or in consequence of with imprisonment of either description for a term which may extend to
anything done or attempted to be done by that person in the lawful two years or with fine or with both.
discharge of his duty as such public servant, shall be punished with
imprisonment of either description for a term which may extend to ten
years and shall also be liable to fine.
Sec. 334. Voluntarily causing hurt on provocation.Whoever Of Wrongful Restraint and Wrongful Confinement
voluntarily causes hurt on grave and sudden provocation, if he neither
intends nor knows himself to be likely to cause hurt to any person other Sec. 339. Wrongful restraint.Whoever voluntarily obstructs any
than the person who gave the provocation shall be punished with person so as to prevent that person from proceeding in any direction in
The Penal Code, 1860 225 226 The Penal Code, 1860
which that person has a right to proceed, is said wrongfully to restrain that imprisonment to which he may be liable under any other section of this
person. Chapter.
Exception. The obstruction of a private way over land or water which Sec. 346. Wrongful confinement in secret.Whoever wrongfully
a person in good faith believes himself to have a lawful right to obstruct, confines any person in such manner as to indicate an intention that the
is not an offence within the meaning of this section. confinement of such person may not be known to any person interested in
Illustration the person so confined or to any public servant, or that the place of such
A obstructs a path along which Z has a right to pass, A not believing in confinement may not be known to or discovered by any such person or
good faith that he has a right to stop the path. Z is thereby prevented from public servant as hereinbefore mentioned, shall be punished with
passing. A wrongfully restrains Z. imprisonment of either description for a term which may extend to two
Sec. 340. Wrongful confinement.Whoever wrongfully restrains years in addition to any other punishment to which he may be liable for
any person in such a manner as to prevent that person form proceeding such wrongful confinement.
beyond certain circumscribing limits, is said "wrongfully to confine" that Sec. 347. Wrongful confinement to extort property or constrain to
person. illegal act.Whoever wrongfully confines any person for the purpose of
Illustrations extorting from the person confined, or from any person interested in the
(a) A causes Z to go within a walled space, and locks Z in. Z is thus person confined, any property or valuable security or of constraining the
prevented from proceeding in any direction beyond the circumscribing person confined or any person interested in such person to do anything
line of wall. A wrongfully confines Z. illegal or to give any information which may facilitate the commission of
(b) A places men with firearms at the outlets of a building, and tells Z an offence, shall be punished with imprisonment of either description for
that they will fire at Z if Z attempts to leave the building. A wrongfully a term which may extend to three years and shall also be liable to fine.
confines Z. Sec. 348. Wrongful confinement to extort confession or compel
Sec. 341. Punishment for wrongful restraint.Whoever wrongfully restoration of property.Whoever wrongfully confines any person for
restrains any person, shall be punished with simple imprisonment for a the purpose of extorting from the person confined or any person interested
term which may extend to one month or with fine which may extend to in the person confined any confession or any information which may lead
five hundred taka or with both. to the detection of an offence or misconduct or for the purpose of
Sec. 342. Punishment for wrongful confinement- Whoever constraining the person confined or any person interested in the person
wrongfully confines any person, shall be punished with imprisonment of confined to restore or to cause the restoration of any property or valuable
either description for a term which may extend to one year or with fine security or to satisfy any claim or demand, or to give information which
which may extend to one thousand taka or with both. may lead to the restoration of any property or valuable security, shall be
Sec. 343. Wrongful confinement for three or more days. punished with imprisonment of either description for a term which may
Whoever wrongfully confines any person for three days or more, shall be extend to three years and shall also be liable to fine.
punished with imprisonment of either description for a term which may
Of Criminal Force and Assault
extend to two years or with fine or with both.
Sec. 349. Force.A person is said to use force to another if he causes
Sec. 344. Wrongful confinement for ten or more days.Whoever
motion, change of motion or cessation of motion to that other or if he
wrongfully confines any person for ten days, or more, shall be punished
causes to any substance such motion or change of motion or cessation of
with imprisonment of either description for a term which may extend to
motion as brings that substance into contact with any part of that other's
three years and shall also be liable to fine.
body or with anything which that other is wearing or carrying or with
Sec. 345. Wrongful confinement of person for whose liberation
anything so situated that such contact affects that other's sense of feeling:
writ has been issued.Whoever keeps any person in wrongful
Provided that the person causing the motion, or change of motion or
confinement, knowing that a writ for the liberation of that person has been
cessation of motion, causes that motion, change of motion or cessation of
duly issued, shall be punished with imprisonment of either description for
motion in one of the three ways hereinafter described:
a term which may extend to two years in addition to any term of
Firstly. By his own bodily power.
The Penal Code, 1860 225 226 The Penal Code, 1860
Secondly.By disposing any substance in such a manner that the with Z or Z's clothes, A has used force to Z and if he did so without Z's
motion or change or cessation of motion takes place without any further consent, intending thereby to injure, frighten or annoy Z, he has used
act on his part or on the part of any other person. criminal force to Z.
Thirdly.By inducing any animal to move, to change its motion or to (f) A intentionally pulls up a woman's veil. Here A intentionally uses
cease to move. force to her and if he does so without her consent intending or knowing it
Sec. 350. Criminal force.Whoever intentionally uses force to any to be likely that he may thereby injure, frighten or annoy her, he has used
person, without that person's consent, in order to the committing of any criminal force to her.
offence or intending by the use of such force to cause or knowing it to be (g) Z is bathing, A pours into the bath water which he knows to be
likely that by the use of such force he will cause injury, fear or annoyance boiling. Here A intentionally by his own bodily power causes such motion
to the person to whom the force is used, is said to use criminal force to in the boiling water as brings that water into contact with Z or with other
that other. water so situated that such contact must affect Z's sense of feeling: A has
Illustrations therefore intentionally used force to Z; and if he has done this without Z's
(a) Z is sitting in a moored boat on a river. A unfastens the moorings, consent intending or knowing it to be likely that he may thereby cause
and thus intentionally causes the boat to drift down the stream. Here A injury, fear or annoyance to Z, A has used criminal force.
intentionally causes motion to Z, and he does this by disposing substances (h) A incites a dog to spring upon Z, without Z's consent. Here, if A
in such a manner that the motion is produced without any other action on intends to cause injury, fear or annoyance to Z, he uses criminal force to
any person's part. A has therefore intentionally used force to Z; and if he Z.
has done so without Z's consent, in order to the committing of any offence Sec. 351. Assault.Whoever makes any gesture, or any preparation,
or intending or knowing it to be likely that this use of force will cause intending or knowing it to be likely that such gesture or preparation will
injury, fear or annoyance to Z, A has used criminal force to Z. cause any person present to apprehend that he who makes that gesture or
(b) Z is riding in a chariot. A lashes Z's horses, and thereby causes preparation is about to use criminal force to that person, is said to commit
them to quicken their pace. Here A has caused change of motion to Z by an assault.
inducing the animals to change their motion. A has therefore used force to Explanation.- Mere words do not amount to an assault. But the words
Z; and if A has done this without Z's consent, intending or knowing it to which a person uses may give to his gestures or preparations such a
be likely that he may thereby injure, frighten or annoy Z, A has used meaning as may make those gestures or preparations amount to an assault.
criminal force to Z.
(c) Z is riding in a palanquin. A, intending to rob Z, seizes the pole and Illustrations
stops the palanquin. Here A has caused cessation of motion to Z, and he (a) A shakes his fist at Z, intending or knowing it to be likely that he
has done this by his own bodily power. A has therefore used force to Z; may thereby cause Z to believe that A is about to strike Z. A has
and as A has acted thus intentionally, without Z's consent, in order to the committed an assault.
commission of an offence. A has used criminal force to Z. (b) A begins to unloose the muzzle of a ferocious dog, intending, or
(d) A intentionally pushes against Z in the street. Here A has by his knowing it to be likely that he may thereby cause Z to believe that he is
own bodily power moved his own person so as to bring it into contact about to cause the dog to attack Z. A has committed an assault upon Z.
with Z. He has therefore intentionally used force to Z; and if he has done (c) A takes up a stick, saying to Z, "I will give you a beating". Here,
so without Z's consent, intending or knowing it to be likely that he may though the words used by A could in no case amount to an assault, and
thereby injure, frighten or annoy Z, he has used criminal force to Z. though the mere gesture, unaccompanied by any other circumstances,
(e) A throws a stone, intending or knowing it to be likely that the stone might not amount to an assault, the gesture explained by the words may
will be thus brought into contact with Z or with Z's clothes or with amount to an assault.
something carried by Z, or that it will strike water, and dash up the water Sec. 352. Punishment for assault or criminal force otherwise than
against Z's clothes or something carried by Z. Here, if the throwing of the on grave provocation.Whoever assaults or uses criminal force to any
stone produce the effect of causing any substance to come into contact person otherwise than on grave and sudden provocation given by that
person, shall be punished with imprisonment of either description for a
The Penal Code, 1860 225 226 The Penal Code, 1860
term which may extend to three months or with fine which may extend to with imprisonment of either description for a term which may extend to
five hundred taka or with both. one year or with fine which may extend to one thousand taka or with both.
Explanation.- Grave and sudden provocation will not mitigate the Sec. 358. Assault or criminal force on grave provocation.
punishment for an offence under this section, if the provocation is sought Whoever assaults or uses criminal force to any person on grave and
or voluntarily provoked by the offender as an excuse for the offence or sudden provocation given by that person, shall be punished with simple
if the provocation is given by anything done in obedience to the law or imprisonment for a term which may extend to one month or with fine
by a public servant, in the lawful exercise of the powers of such public which may extend to two hundred taka or with both.
servant or Explanation.-The last section is subject to the same Explanation as
if the provocation is given by anything done in the lawful exercise of section 352.
the right of private defence. Of Kidnapping, Abduction, Slavery and Forced Labour
Whether the provocation was grave and sudden enough to mitigate the
offence, is a question of fact. Sec. 359. Kidnapping.Kidnapping is of two kinds: kidnapping from
Sec. 353. Assault or criminal force to deter public servant from Bangladesh, and kidnapping from lawful guardianship.
discharge of his duty.Whoever assaults or uses criminal force to any Sec. 360. Kidnapping from Bangladesh, etc.Whoever conveys
person being a public servant in the execution of his duty as such public any person beyond the limits of Bangladesh without the consent of that
servant or with intent to prevent or deter that person from discharging his person, or of some person legally authorized to consent on behalf of that
duty as such public servant or in consequence of anything done or person, is said to kidnap that person from Bangladesh.
attempted to be done by such person in the lawful discharge of his duty as Sec. 361. Kidnapping from lawful guardianship.Whoever takes
such public servant, shall be punished with imprisonment of either or entices any minor under fourteen years of age if a male, or under
description for a term which may extend to three years or with fine or sixteen years of age if a female, or any person of unsound mind, out of the
with both. keeping of the lawful guardian of such minor or person of unsound mind,
Sec. 354. Assault or criminal force to woman with intent to outage without the consent of such guardian, is said to kidnap such minor or
her modesty.Whoever assaults or uses criminal force to any woman, person from lawful guardianship.
intending to outrage or knowing it to be likely that he will thereby outrage Explanation.-The words "lawful guardian" in this section include any
her modesty, shall be punished with imprisonment of either description person lawfully entrusted with the care or custody of such minor or other
for a term which may extend to two years or with fine or with both. person.
Sec. 355. Assault or criminal force with intent to dishonour person, Exception.-This section does not extend to the act of any person who
otherwise than on grave provocation.Whoever assaults or uses in good faith believes himself to be the father of an illegitimate child, or
criminal force to any person, intending thereby to dishonour that person, who in good faith believes himself to be entitled to the lawful custody of
otherwise than on grave and sudden provocation given by that person, such child, unless such act is committed for an immoral or unlawful
shall be punished with imprisonment of either description for a term purpose.
which may extend to two years or with fine or with both. Sec. 362. Abduction.Whoever by force compels, or by any
Sec. 356. Assault or criminal force in attempt to commit theft of deceitful means induces, any person to go from any place, is said to
property carried by a person.Whoever assaults or uses criminal force abduct that person.
to any person in attempting to commit theft on any property which that Sec. 363. Punishment for kidnapping.Whoever kidnaps any
person is then wearing or carrying shall be punished with imprisonment of person from Bangladesh or from lawful guardianship, shall be punished
either description for a term which may extent to two years or with fine or with imprisonment of either description for a term which may extend to
with both. seven years, and shall also be liable to fine.
Sec. 357. Assault or criminal force in attempt wrongfully to Sec. 364. Kidnapping or abducting in order to murder.Whoever
confine a person.Whoever assaults or uses criminal force to any kidnaps or abducts any person in order that such person may be murdered
person, in attempting wrongfully to confine that person, shall be punished or may be so disposed of as to be put in danger of being murdered, shall
The Penal Code, 1860 225 226 The Penal Code, 1860
be punished with imprisonment for life or rigorous imprisonment for a In the case of Ramesh,22 a woman follows the profession of a
term which may extend to ten years and shall also be liable to fine. prostitute offering herself promiscuously for money to customers and in
Illustrations the course of her profession is assisted by some one, such person cannot
(a) A kidnaps Z from Bangladesh, intending or knowing it to be likely be said to have committed an offence under S.366-A.
that Z may be sacrificed to an idol. A has committed the offence defined Jamil Siddique vs State 41 DLR 30.-Justice demands that the
in this section. appellant be given an opportunity to cross-examine the witnesses as some
(b) A forcibly carries or entices B away from his home in order that B of them were examined in the absence of the appellant. Admittedly, the
may be murdered. A has committed the offence defined in this section. case is pending before the Special Tribunal constituted under the aforesaid
Sec. 364A. Kidnapping or abducting a person under the age of Special Powers Act as the alleged offence is triable under the Special
ten.Whoever kidnaps or abducts any person under the age of ten, in Powers Act. It is an admitted fact that certain witnesses have been
order that such person may be murdered or subjected to grievous hurt or examined in the absence of the appellant when he was absconding. It is
slavery or to the lust of any person or may be so disposed of as to be put further admitted that the prosecution has not yet closed the case and same
in danger of being murdered or subjected to grievous hurt or slavery or to is fixed for further evidence next week. As the prosecution has not vet
the lust of any person shall be punished with death or with imprisonment closed the case and as some of the witnesses have been examined in the
for life or with rigorous imprisonment for a term which may extend to absence of the appellant when he was produced before the Tribunal under
fourteen years and shall not be less than seven years. arrest, subsequently during the midst of trial the tribunal ought to have
Sec. 365. Kidnapping or abducting with intent secretly and afforded an opportunity to the appellant to cross-examine the witnesses
wrongfully to confine person.Whoever kidnaps or abducts any person already examined. Justice demands that such an opportunity ought to have
with intent to cause that person to be secretly and wrongfully confined, been given to the appellant.
shall be punished with imprisonment of either description for a term Monindra Kumar Malaker vs Sate 42 DLR 349.-For sustaining a
which may extend to seven years and shall also be liable to fine. charge of kidnapping a woman for unlawful purposes the alleged victim
Sec. 366. Kidnapping or abducting or inducing woman to compel must be in between 16 and 18. If she is above 16 but below 18 and if no
her marriage, etc.Whoever kidnaps or abducts any woman with intent force is used to go with the accused it will not be an offence under the
that she may be compelled or knowing it to be likely that she will be Penal Code or the Ordinance for deterrent punishment.
compelled, to marry any person against her will or in order that she may Nurunnahar Khatun vs State 46 DLR 112.-The FIR was lodged
be forced or seduced to illicit intercourse or knowing it to be likely that under section 366A of the Penal Code. The offence under section 366A is
she will be forced or seduced to illicit intercourse, shall be punished with related to a girl under the age of 18 years and not under the age of 16
imprisonment of either description for a term which may extend to ten years.
years, and shall also be liable to fine and whoever, by means of criminal Khairunnessa vs Illy Begum 48 DLR (AD) 67.-In an interlocutory
intimidation as defined in this Code or of abuse of authority or any other matter concerning custody of a girl, to rive a final judgment on her age is
method of compulsion, induces any woman to go from any place with to decide an aspect of the merit of the case which is decisive of the case
intent that she may be, or knowing that it is likely that she will be, forced itself. After he decision has been given that the girl is quite major above
or seduced to illicit intercourse with another person shall also be 18 years, can there be any purpose for a trial which is still pending?
punishable as aforesaid. The learned Judges should have made it very clear that the finding
Sec. 366A. Procuration of minor girl.Whoever, by any means made by them as to the age of the girl was only for the purpose of
whatsoever, induces any minor girl under the age of eighteen years to go deciding the present custody of the victim girl and the trial Court was free
from any place or to do any act with intent that such girl may be or to take its own decision upon considering the evidence to be led in the
knowing that it is likely that she will be, forced or seduced to illicit case. That having not been done, it must be said that the impugned
intercourse with another person shall be punishable with imprisonment judgment suffers from at least impropriety having usurped the powers of
which may extend to ten years and shall also be liable to fine. the trial Court in a pending criminal case.
Case Law 22
AIR 1962 SC 1908: (1963) 1 Cr. LJ 16
aviv-366L

The Penal Code, 1860 225 226 The Penal Code, 1860
Khairunnessa vs Illy 48 DLR (AD) 67.-Age of girl—Physical appea- imprisonment of either description for a term which may extend to seven
rance—Physical appearance may not always provide a correct guide for years and shall also be liable to fine.
ascertaining the age of a girl child who is growing up. In some cases Sec. 370. Buying or disposing of any person as a slave.Whoever
physical development may take place which may be regarded as imports, exports, removes, buys, sells or disposes of any person as a slave
precocious while in some other cases there may not be as much or accepts, receives or detains against his will any person as a slave, shall
development as is natural with the passage of time. be punished with imprisonment of either description for a term which may
Having regard to the fact that the available materials supported the extend to seven years and shall also be liable to fine.
claim of the mother that the giri was aged about 15/16 years except the Sec. 371. Habitual dealing in slaves.Whoever habitually imports,
statement of the girl herself, the High Court Division cannot be said to exports, removes, buys, sells, traffics or deals in slaves, shall be punished
have acted judiciously in ignoring the materials and relying on the with imprisonment for life, or with imprisonment of either description for
statement of the girl and their own observation of the girl. The mother has a term not exceeding ten years, and shall also be liable to fine.
a reasonable grievance to make against the judgment which does not seem Sec. 372. Selling minor for purposes of prostitution, etc.
to have been passed upon a proper appreciation of the materials on record Whoever sells, lets to hire, or otherwise disposes of any person under the
and far less keeping in view the welfare of the victim girl alleged to be a age of eighteen years with intent that such person shall at any age be
minor. employed or used for the purpose of prostitution of illicit intercourse with
any person or for any unlawful and immoral purpose or knowing it to be
Sec. 366B. Importation of girl from foreign country. Whoever likely that such person will at any age be employed or used for any such
imports into Bangladesh from any country outside Bangladesh any girl purpose, shall be punished with imprisonment of either description for a
under the age of twenty-one years with intent that she may be or knowing term which may extend to ten years and shall also be liable to fine. Selling
it to be likely that she will be, forced or seduced to illicit intercourse with minor for purposes on prostitution, etc.
another person, shall be punishable with imprisonment which may extend Explanation I.- When a female under the age of eighteen years is
to ten years and shall also be liable to fine. sold, let for hire or otherwise disposed of to a prostitute or to any person
Sec. 367. Kidnapping or abducting in order to subject person to who keeps or manages a brothel, the person so disposing of such female
grievous hurt, slavery, etc.Whoever kidnaps or abducts any person in shall, until the contrary is proved, be presumed to have disposed of her
order that such person may be subjected or may be so disposed of as to be with the intent that she shall be used for the purpose of prostitution.
put in danger of being subjected to grievous hurt or slavery or to the Explanation II.- For the purposes of this section "illicit intercourse"
unnatural lust of any person or knowing it to be likely that such person means sexual intercourse between person not united by marriage or by
will be so subjected or disposed of, shall be punished with imprisonment any union or tie which, though not amounting to a marriage, is recognized
of either description for a term which may extend to ten years, and shall by the personal law or custom of the community to which they belong or,
also be liable to fine. where they belong to different communities, of both such communities, as
Sec. 368. Wrongfully concealing or keeping in confinement, constituting between them a quasi-marital relation.
kidnapped or abducted person.Whoever, knowing that any person Sec. 373. Buying minor for purposes of prostitution,
has been kidnapped or has been abducted, wrongfully conceals or etc.Whoever buys, hires or otherwise obtains possession of any person
confines such person, shall be punished in the same manner as if he had under the age of eighteen years with intent that such person shall at any
kidnapped or abducted such person with the same intention or knowledge age be employed or used for the purpose of prostitution or illicit
or for the same purpose as that for which he conceals or detains such intercourse with any person or for any unlawful and immoral purpose or
person in confinement. knowing it to be likely that such person will at any age be employed or
Sec. 369. Kidnapping or abducting child under ten years with used for any such purpose, shall be punished with imprisonment of either
intent to steal from its person.Whoever kidnaps or abducts any child description for a term which may extend to ten years, and shall also be
under the age of ten years with the intention of taking dishonestly any liable to fine.
moveable property from the person of such child, shall be punished with
aviv-377

The Penal Code, 1860 225 226 The Penal Code, 1860
Explanation I.-Any prostitute or any person keeping or managing a twelve years of age, in which case he shall be punished with
brothel, who buys, hires or otherwise obtains possession of a female under imprisonment of either description for a term which may extend to two
the age of eighteen years shall, until the contrary is proved, be presumed years or with fine or with both.
to have obtained possession of such female with the intent that she shall Of Unnatural Offences
be used for the purpose of prostitution. Sec. 377. Unnatural offences.Whoever voluntarily has carnal
Explanation II.-'Illicit intercourse' has the same meaning as in section intercourse against the order of nature with any man, woman or animal,
372. shall be punished with imprisonment for life, or with imprisonment of
Sec. 374. Unlawful compulsory labour.(1) Whoever unlawfully either description for a term which may extend to ten years, and shall also
compels any person to labour against the will of that person, shall be be liable to fine.
punished with imprisonment of either description for a term which may Explanation.Penetration is sufficient to constitute the carnal
extend to one year, or with fine, or with both. intercourse necessary to the offence described in this section.
(2) Whoever compels a prisoner of war or a protected person to serve
Case Law
in the armed forces of Bangladesh shall be punished with imprisonment of
either description for a term which may extend to one year. The unnatural offense are of two kinds–(1) Sodomy and (2) Bestiality.
Explanation. In this section the expressions "prisoner of war" and Sodomy consists of penetration per anum with another person.
"protected person" shall have the same meaning as have been assigned to Bestiality can be committed either by a male or female human being with
them respectively by Article 4 of the Geneva Convention Relative to the an animal.23 This section punishes certain persons who have carnal
Treatment of Prisoners of War of August 12, 1949, and Article 4 of the intercourse against nature with human beings.
Geneva Convention Relative to the Protection of Civilian Persons in Time In the case of Kishan Lal vs. State,24 the accused took away a minor
of War of August 12, 1949. from his house, committed sodomy on him and threw him into a water
Of Rape reservoir to his death. The guilt of the accused was fully established
Sec. 375. Rape.A man is said to commit "rape" who except in the through medical and eye-witness account. His conviction under the
case hereinafter excepted, has sexual intercourse with a woman under section was held to be proper.
circumstances falling under any of the five following descriptions:
Firstly. Against her will. CHAPTER XVII
Secondly. Without her consent. OF OFFENCES AGAINST PROPERTY
Thirdly. With her consent, when her consent has been obtained by
putting her in fear of death, or of hurt. Of Theft
Fourthly. With her consent, when the man knows that he is not her
husband, and that her consent is given because she believes that he is Sec. 378. Theft.Whoever, intending to take dishonestly any
another man to whom she is or believes herself to be lawfully married. moveable property out of the possession of any person without that
Fifthly. With or without her consent, when she is under fourteen years person's consent, moves that property in order to such taking, is said to
of age. commit theft.
Explanation. Penetration is sufficient to constitute the sexual Explanation 1.A thing so long as it is attached to the earth, not
intercourse necessary to the offence of rape. being moveable property, is not the subject of theft; but it becomes
Exception. Sexual intercourse by a man with his own wife, the wife capable of being the subject of theft as soon as it is severed from the
not being under thirteen years of age, is not rape. earth.
Sec. 376. Punishment for rape.Whoever commits rape shall be Explanation 2.A moving effected by the same act which effects the
punished with imprisonment for life or with imprisonment of either severance may be a theft.
description for a term which may extend to ten years, and shall also be
23
liable to fine, unless the woman raped is his own wife and is not under Nowshirwa Irani, 1935 Cr LJ 718
24
1998 Cr LJ 4508 (Raj.)
The Penal Code, 1860 225 226 The Penal Code, 1860
Explanation 3.A person is said to cause a thing to move by (i) A delivers his watch to Z, a jeweler, to be regulated. Z carries it to
removing an obstacle which prevented it from moving or by separating it his shop. A, not owing to the jeweler any debt for which the jeweler might
from any other thing, as well as by actually moving it. lawfully detain the watch as a security, enters the shop openly, takes his
Explanation 4.A person, who by any means causes an animal to watch by force out of Z's hand, and carries it away. Here A, though he
move, is said to move that animal, and to move everything which, in may have committed criminal trespass and assault, has not committed
consequence of the motion so caused, is moved by that animal. theft, inasmuch as what he did was not done dishonestly.
Explanation 5.The consent mentioned in the definition may be (j) If A owes money to Z for repairing the watch, and if Z retains the
express or implied, and may be given either by the person in possession or watch lawfully as a security for the debt, and A takes the watch out of Z's
by any person having for that purpose authority either express or implied. possession, with the intention of depriving Z of the property as a security
Illustrations for his debt, he commits theft, inasmuch as he takes it dishonestly.
(a) A cuts down a tree on Z's ground, with the intention of dishonestly (k) Again, if A, having pawned his watch to Z, takes it out of Z's
taking the tree out of Z's possession without Z's consent. Here, as soon as possession without Z's consent, not having paid what he borrowed on the
A has severed the tree in order to such taking, he has committed theft. watch, he commits theft, though the watch is his own property inasmuch
(b) A puts a bait for dogs in his pocket, and thus induces Z's dog to as he takes it dishonestly.
follow it. Here, if A's intention be dishonestly to take the dog out of Z's (l) A takes an article belonging to Z out of Z's possession without Z's
possession without Z's consent, A has committed theft as soon as Z's dog consent, with the intention of keeping it until he obtains money from Z as
has begun to follow A. a reward for its restoration. Here A takes dishonestly; A has therefore
(c) A meets a bullock carrying a box of treasure. He drives the bullock committed theft.
in a certain direction, in order that he may dishonestly take the treasure. (m) A, being on friendly terms with Z, goes into Z's library in Z's
As soon as the bullock begins to move, A has committed theft of the absence, and takes away a book without Z's express consent for the
treasure. purpose merely of reading it, and with the intention of returning it. Here,
(d) A being Z's servant, and entrusted by Z with the care of Z's plate, it is probable that A may have conceived that he had Z's implied consent
dishonestly runs away with the plate, without Z's consent. A has to use Z's book. If this was A's impression, A has not committed theft.
committed theft. (n) A asks charity from Z's wife. She gives A money, food and clothes,
(e) Z, going on a journey, entrusts his plate to A, the keeper of a which A knows to belong to Z her husband. Here it is probable that A may
warehouse, till Z shall return. A carries the plate to a goldsmith and sells conceive that Z's wife is authorized to give away alms. If this was A's
it. Here the plate was not in Z's possession. It could not therefore be taken impression, A has not committed theft.
out of Z's possession, and A has not committed theft, though he may have (o) A is the paramour of Z's wife. She gives A valuable property, which
committed criminal breach of trust. A knows to belong to her husband Z, and to be such property as she has
(f) A finds a ring belonging to Z on a table in the house which Z not authority from Z to give. If A takes the property dishonestly, he
occupies. Here the ring is in Z's possession, and if A dishonestly removes commits theft.
it, A commits theft. (p) A, in good faith, believing property belonging to Z to be A's own
(g) A finds a ring lying on the high-road, not in the procession of any property, takes that property out of B's possession. Here, as A does not
person. A, by taking it, commits no theft, though he may commit criminal take dishonestly, he does not commit theft.
misappropriation of property.
(h) A sees a ring belonging to Z lying on a table in Z's house. Not Case Law
venturing to misappropriate the ring immediately for fear of search and
detection, A hides the ring in a place where it is highly improbable that it Essential ingredients of this section are:
will ever be found by Z, with the intention of taking the ring from the 1. Dishonest intention to take property.
hiding place and selling it when the loss is forgotten. Here A, at the time 2. The property must be movable.
of first moving the ring, commits theft. 3. It should be taken out of the possession of another person.
4. It should be taken without the consent of that person.
The Penal Code, 1860 225 226 The Penal Code, 1860
5. There must be some moving of the property in order to Motaleb Sardar vs State 51 DLR 278.-When growing of the case
accomplish the taking of it. crops by the complainant and the cutting and taking away of the same
dishonestly by the accused are proved, the accused is guilty of theft.
Intention is the key note of this section. The word ‘dishonestly’ When theft of the case crops by the accused by cutting and taking
involves wrongful gain or wrongful loss.25 Motive is not an ingredient away of the same and damaging some crops in the process necessarily
of the offence of theft.26 The intention to take dishonestly must exist at involves their entry into the case land and the accused are punished for
the time of the moving of the property. Remember that the human theft and mischief, a separate conviction under section 447 Penal Code is
body whether living or dead (except bodies, or portions thereof, or unwarranted.
mummies, preserved in museums or scientific institutions) is not
moveable property.27 Sec. 380. Theft in dwelling-house, etc.Whoever commits theft in
any building, tent or vessel, which building, tent or vessel is used as a
Sec. 379. Punishment for theft.Whoever commits theft shall be human dwelling or use for the custody of property, shall be punished with
punished with imprisonment of either description for a term which may imprisonment of either description for a term which may extend to seven
extend to three years or with fine or with both. years and shall also be liable to fine.
Case Law Sec. 381. Theft by clerk or servant of property in possession of
Section 379— master.Whoever being a clerk or servant or being employed in the
Abdul Mannan vs State 44 DLR (AD) 60.- Commission of theft is capacity of a clerk or servant, commits theft in respect of any property in
an individual act and there must be clear evidence in respect of each the possession of his master or employer, shall be punished with
individual accused. For the same reason the court is also requu-ed to imprisonment of either description for a term which may extend to seven
consider the evidence against all the accused separately and record its years and shall also be liable to fine.
findings. Sec. 382. Theft after preparation made for causing death, hurt or
Idris vs State 43 DLR 245.-The disputed hut was in the jimma of the restraint, in order to the committing of the theft.Whoever commits
complainant. The petitioners forcibly removed the same and took it away theft, having made preparation for causing death or hurt or restraint or
in spite of the complainant's protest. Such taking of property from the fear of death or of hurt or of restraint, to any person, in order to the
possession of the jimmadar constitutes offence under section 279 Penal committing of such theft or in order to the effecting of his escape after the
Code. committing of such theft, or in order to the retaining of property taken by
Anisuzzaman vs State 43 DLR 35.-Where the subject matter of theft such theft, shall be punished with rigorous imprisonment for a term which
belongs to the citizen or any other organisation or institution theft ipso may extend to ten years and shall also be liable to fine.
facto of such property does not become prejudicial to the economic and Illustrations
financial interest of the State. In the instant case as the motors in question (a) A commits theft on property in Z's possession; and, while
belonged to the project for irrigation of land of different individuals there committing this theft, he has a loaded pistol under his garment having
is no scope to hold that the theft of the motors was prejudicial to the provided this pistol for the purpose of hunting Z in case Z should resist. A
financial and economic interest of the State. has committed the offence defined in this section.
Kazi Motiur Rahman vs Din Islam 43 DLR 128.-The contention (b) A picks Z's pocket, having posted several of his companions near
that there was bonafide dispute with regard to the plot on which the hut him, in order that they may restrain Z, if Z should perceive what is
was situated has no substance in this case, the consideration in the present passing and should resist, or should attempt to apprehend A. A has
case is whether there was any bonafide claim with regard to the hut which committed the offence defined in this section.
was the subject matter of theft. Of Extortion
25
Sec. 383. Extortion.Whoever intentionally puts any person in fear
In re Dr. Puchala Palli, AIR 1960 AP 569: 1960 Cr LJ 1414 of any injury to that person or to any other and thereby dishonestly
26
Parichat, 9 Cr LJ 389 induces the person so put in fear to give donation or subscription of any
27
Ramadhin, (1902) 25 All 129
The Penal Code, 1860 225 226 The Penal Code, 1860
kind or to deliver to any person any property or valuable security or extortion by putting any person in fear of an accusation against that
anything signed or sealed which may be converted into a valuable person or any other, of having committed or attempted to commit any
security, commits "extortion". offence punishable with death or with imprisonment for life, or with
Illustrations imprisonment for a term which may extend to ten years, or of having
(a) A threatens to publish a defamatory libel concerning Z unless Z attempted to induce any other person to commit such offence, shall be
gives him money. He thus induces Z to give him money. A has committed punished with imprisonment of either description for a term which may
extortion. extend to ten years, and shall also be liable to fine; and, if the offence be
(b) A threatens Z that he will keep Z's child in wrongful confinement one punishable under section 377 of this Code, may be punished with
unless Z will sign and deliver to A a promissory note binding Z to pay imprisonment for life.
certain money to A. Z signs and delivers the note. A has committed Sec. 389. Putting person in fear of accusation of offence in order to
extortion. commit extortion.Whoever, in order to the committing of extortion,
(c) A threatens to send club-men to plough up Z's field unless Z will puts or attempts to put any person in fear of an accusation, against that
sign and deliver to B and bond binding Z under a penalty to deliver person or any other, of having committed, or attempted to commit, an
certain produce to B, and thereby induces Z to sign and deliver the bond. offence punishable with death or with imprisonment for life or with
A has committed extortion. imprisonment for a term which may extend to ten years, shall be punished
(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to with imprisonment of either description for a term which may extend to
sign or affix his seal to a blank paper and deliver it to A. Z signs and ten years and shall also be liable to fine; and, if the offence be punishable
delivers the paper to A. Here, as the paper so signed may be converted under section 377 of this Code, may be punished with imprisonment for
into a valuable security, A has committed extortion. life.
Sec. 384. Punishment for extortion.Whoever commits extortion Of Robbery and Dacoity
shall be punished with imprisonment of either description for a term
which may extend to three years or with fine or with both. Sec. 390. Robbery.In all robbery there is either theft or extortion.
Sec. 385. Putting person in fear of injury in order to commit When theft is robbery.Theft is "robbery" if, in order to the
extortion.Whoever, in order to the committing of extortion, puts any committing of the theft or in committing the theft or in carrying away or
person in fear or attempts to put any person in fear, of any injury, shall be attempting to carry away property obtained by the theft, the offender, for
punished with imprisonment of either description for a term which may that end, voluntarily causes or attempts to cause to any person death or
extend to fourteen years and shall not be less than five years or with fine hurt or wrongful restraint or fear of instant death or of instant hurt or of
or with both. instant wrongful restraint.
Sec. 386. Extortion by putting a person in fear of death or grievous When extortion is robbery.Extortion is “robbery” if the offender,
hurt.Whoever commits extortion by putting any person in fear of death at the time of committing the extortion, is in the presence of the person
or of grievous hurt to that person or to any other, shall be punished with put in fear and commits the extortion by putting that person in fear of
imprisonment of either description for a term which may extend to ten instant death, instant hurt or of instant wrongful restraint to that person or
years and shall also be liable to fine. to some other person, and, by so putting in fear, induces the person so put
Sec. 387. Putting person in fear of death or of grievous hurt, in in fear then and there to deliver up the thing extorted.
Explanation.-The offender is said to be present if he is sufficiently
order to commit extortion.Whoever, in order to the committing of
near to put the other person in fear of instant death, of instant hurt or of
extortion, puts or attempts to put any person in fear of death or of
instant wrongful restraint.
grievous hurt to that person or to any other, shall be punished with
Illustrations
imprisonment for life and shall not be less than seven years and shall also
(a) A holds Z down, and fraudulently takes Z's money and jewels from
be liable to fine.
Z's clothes, without Z's consent. Here A has committed theft, and, in order
Sec. 388. Extortion by threat of accusation of an offence
to the committing of that theft, has voluntarily caused wrongful restraint
punishable with death or imprisonment, etc.Whoever commits
to Z. A has therefore committed robbery.
The Penal Code, 1860 225 226 The Penal Code, 1860
(b) A meets Z on the high-road, shows a pistol, and demands Z's purse, imprisonment for life or rigorous imprisonment for a term which may
Z, in consequence, surrenders his purse. Here A has extorted the purse extend to ten years and shall also be liable to fine.
from Z by putting him in fear of instant hurt, and being at the time of Sec. 397. Robbery or dacoity, with attempt with attempt to cause
committing the extortion in his presence. A has therefore committed death or grievous hurt.If, at the time of committing robbery or
robbery. dacoity, the offender uses any deadly weapon, or causes grievous hurt to
(c) A meets Z and Z's child on the high-road. A takes the child, and any person, or attempts to cause death or grievous hurt to any person, the
threatens to fling it down a precipice, unless Z deliver his purse. Z, in imprisonment with which such offender shall be punished shall not be less
consequence, delivers his purse. Here A has extorted the purse from Z, by than seven years.
causing Z to be in fear of instant hurt to the child who is there present. A Sec. 398. Attempt to commit robbery or dacoity when armed with
has therefore committed robbery on Z. deadly weapon.If, at the time of attempting to commit robbery or
(d) A obtains property from Z by saying-"Your child is in the hands of dacoity, the offender is armed with any deadly weapon, the imprisonment
my gang, and will be put to death unless you send us ten thousand taka”. with which such offender shall be punished shall not be less than seven
This is extortion, and punishable as such: but it is not robbery, unless Z is years.
put in fear of the instant death of his child. Sec. 399. Making preparation to commit dacoity.Whoever makes
Sec. 391. Dacoity.When five or more persons conjointly commit or any preparation for committing dacoity, shall be punished with rigorous
attempt to commit a robbery or where the whole number of persons imprisonment for a term which may extend to ten years and shall also be
conjointly committing or attempting to commit a robbery, and persons liable to fine.
present and aiding such commission or attempt, amount to five or more, Sec. 400. Punishment for belonging to gang of dacoits.Whoever,
every person so committing, attempting or aiding, is said to commit at any time after the passing of this Act, shall belong to a gang of persons
"dacoity". associated for the purpose of habitually committing dacoity, shall be
Sec. 392. Punishment for robbery.Whoever commits robbery shall punished with imprisonment for life or with rigorous imprisonment for a
be punished with rigorous imprisonment for a term which may extend to term which may extend to ten years and shall also be liable to fine.
ten years, and shall also be liable to fine and, if the robbery be committed Sec. 401. Punishment for belonging to gang of thieves.Whoever,
on the highway between sunset and sunrise, the imprisonment may be at any time after the passing of this Act, shall belong to any wandering or
extended to fourteen years. other gang of persons associated for the purpose of habitually committing
Sec. 393.Attempt to commit robbery.Whoever attempts to commit theft or robbery and not being a gang of thugs or dacoits, shall be
robbery shall be punished with rigorous imprisonment for a term which punished with rigorous imprisonment for a term which may extend to
may extend to seven years and shall also be liable to fine. seven years and shall also be liable to fine.
Sec. 394. Voluntarily causing hurt in committing robbery. If any Sec. 402. Assembling for purpose of committing
person, in committing or in attempting to commit robbery, voluntarily dacoity.Whoever, at any time after the passing of this Act, shall be one
causes hurt, such person, and any other person jointly concerned in of five or more persons assembled for the purpose of committing dacoity,
committing or attempting to commit such robbery shall be punished with shall be punished with rigorous imprisonment for a term which may
imprisonment for life or with rigorous imprisonment for a term which extend to seven years and shall also be liable to fine.
may extend to ten years and shall also be liable to fine.
Sec. 395. Punishment for dacoity. Whoever commits dacoity shall Of Criminal Misappropriation of Property
be punished with imprisonment for life or with rigorous imprisonment for Sec. 403. Dishonestly misappropriation of property. Whoever
a term which may extend to ten years and shall also be liable to fine. dishonestly misappropriates or converts to his own use any moveable
Sec. 396. Dacoity with murder. If any one of five or more persons, property, shall be punished with imprisonment of either description for a
who are conjointly committing dacoity, commits murder in so committing term which may extend to two years or with fine or with both.
dacoity, every one of those persons shall be punished with death or Illustrations
The Penal Code, 1860 225 226 The Penal Code, 1860
(a) A takes property belonging to Z out of Z's possession in good faith, (b) A finds a letter on the road, containing a bank note. From the
believing, at the time when he takes it, that the property belongs to direction and contents of the letter he learns to whom the note belongs. He
himself. A is not guilty of theft; but if A, after discovering his mistake, appropriates the note. He is guilty of an offence under this section.
dishonestly appropriates the property to his own use, he is guilty of an (c) A finds a cheque payable to bearer. He can form no conjecture as to
offence under this section. the person who has lost the cheque. But the name of the person, who has
(b) A, being on friendly terms with Z, goes into Z's library in Z's drawn the cheque, appears. A knows that this person can direct him to the
absence, and takes away a book without Z's express consent. Here, if A person on whose favour the cheque was drawn. A appropriates the cheque
was under the impression that he had Z's implied consent to take the book without attempting to discover the owner. He is guilty of an offence under
for the purpose of reading it, A has not committed theft. But if A this section.
afterwards sells the book for his own benefit, he is guilty of an offence (d) A sees Z drop his purse with money in it. A picks up the purse with
under this section. the intention of restoring it to Z, but afterwards appropriates it to his own
(c) A and B, being joint owners of a horse, A takes the horse out of B's use. A has committed an offence under this section.
possession, intending to use it. Here, as A has a right to use the horse, he (e) A finds a purse with money, not knowing to whom it belongs; he
does not dishonestly misappropriate it. But, if A sells the horse and afterwards discovers that it belongs to Z, and appropriates it to his own
appropriates the whole proceeds to his own use, he is guilty of an offence use. A is guilty of an offence under this section.
under this section. (f) A finds a valuable ring, not knowing to whom it belongs. A sells it
Explanation 1.-A dishonest misappropriation for a time only is a immediately without attempting to discover the owner. A is guilty of an
misappropriation within the meaning of this section. offence under this section.
Illustration Sec. 404. Dishonestly misappropriation of property possessed by
A finds a Government promissory note belonging to Z, bearing a blank deceased person at the time of his death.Whoever dishonestly
endorsement. A, knowing that the note belongs to Z, pledges it with a misappropriates or converts to his own use property, knowing that such
banker as a security for a loan, intending at future time to restore it to Z. A property was in the possession of a deceased person at the time of that
has committed an offence under this section. person's decease and has not since been in the possession of any person
Explanation 2.-A person who finds property not in the possession of legally entitled to such possession, shall be punished with imprisonment
any other person, and takes such property for the purpose of protecting it of either description for a term which may extend to three years and shall
for, or of restoring it to, the owner, does not take or misappropriate it also be liable to fine; and if the offender at the time of such person's
dishonestly, and is not guilty of an offence; but he is guilty of the offence decease was employed by him as a clerk or servant, the imprisonment
above defined, if he appropriates it to his own use, when he knows or has may extend to seven years.
the means of discovering the owner or before he has used reasonable Illustration
means to discover and give notice to the owner and has kept the property Z dies in possession of furniture and money. His servant A, before the
a reasonable time to enable the owner to claim it. money comes into possession of any person entitled to such possession
What are reasonable means or what is a reasonable time in such a case, dishonestly misappropriates it. A has committed the offence defined in
is a question of fact. this section.
It is not necessary that the finder should know who is the owner of the
property or that any particular person is the owner of it, it is sufficient if,
at the time of appropriating it, he does not believe it to be his own Of Criminal Breach of Trust
property or in good faith believes that the real owner cannot be found.
Illustrations Sec. 405. Criminal breach of trust.Whoever, being in any manner
(a) A finds a taka on the high-road, not knowing to whom the taka entrusted with property or with any dominion over property, dishonestly
belongs. A picks up the taka. Here A has not committed the offence misappropriates or converts to his own use that property, or dishonestly
defined in this section. uses or disposes of that property in violation of any direction of law
prescribing the mode in which such trust is to be discharged or of any
The Penal Code, 1860 225 226 The Penal Code, 1860
legal contract, express or implied, which he has made touching the Sec. 408. Criminal breach of trust by clerk or servant. Whoever,
discharge of such trust or wilfully suffers any other person so to do, being a clerk or servant or employed as a clerk or servant, and being in
commits "criminal breach of trust". any manner entrusted in such capacity with property or with any
Illustrations dominion over property, commits criminal breach of trust in respect of
(a) A, being executor to the will of a deceased person, dishonestly that property, shall be punished with imprisonment of either description
disobeys the law which directs him to divide the effects according to the for a term which may extend to seven years, and shall also be liable to
will, and appropriates them to his own use. A has committed criminal fine.
breach of trust. Sec. 409. Criminal breach of trust by public servant, or by banker,
(b) A is a warehouse-keeper. Z, going on a journey, entrusts his merchant or agent.Whoever, being in any manner entrusted with
furniture to A, under a contract that it shall be returned on payment of a property or with any dominion over property in his capacity of a public
stipulated sum for warehouse-room. A dishonestly sells the goods. A has servant or in the way of his business as a banker, merchant, factor, broker,
committed criminal breach of trust. attorney or agent, commits criminal breach of trust in respect of that
(c) A, residing in Dhaka, is agent for Z, residing at Chittagong. There property, shall be punished with imprisonment for life, or with
is an express or implied contract between A and Z, that all sums remitted imprisonment of either description for a term which may extend to ten
by Z to A shall be invested by A, according to Z's direction. Z remits a years, and shall also be liable to fine.
lakh of taka to A, with directions to A to invest the same in Company's
paper. A dishonestly disobeys the directions and employs the money in his Of the Receiving of Stolen Property
own business. A has committed criminal breach of trust. Sec. 410. Stolen property. Property the possession whereof has
(d) But if A, in the last illustration, not dishonestly but in good faith, been transferred by theft, or by extortion, or by robbery, and property
believing that it will be more for Z's advantage to hold shares in the Bank which has been criminally misappropriated or in respect of which
of Bengal, disobeys Z's directions, and buys shares in the Bank of Bengal, criminal breach of trust has been committed, is designated as "stolen
for Z, instead of buying Company's paper, here, though Z should suffer property," whether the transfer has been made, or the misappropriation or
loss, and should be entitled to bring a civil action against A, on account of breach of trust has been committed, within or without Bangladesh. But, if
that loss, yet A, not having acted dishonestly, has not committed criminal such property subsequently comes into the possession of a person legally
breach of trust. entitled to the possession thereof, it then ceases to be stolen property.
(e) A, a revenue-officer, is entrusted with public money and is either Sec. 411. Dishonestly receiving stolen property.Whoever
directed by law, or bound by a contract, express or implied, with the dishonestly receives or retains any stolen property, knowing or having
Government, to pay into a certain treasury all the public money which he reason to believe the same to be stolen property, shall be punished with
holds. A dishonestly appropriates the money. A has committed criminal imprisonment of either description for a term which may extend to three
breach of trust. years, or with fine, or with both.
(f) A, a carrier, is entrusted by Z with property to be carried by land or Sec. 412. Dishonestly receiving property stolen in the commission
by water. A dishonestly misappropriates the property. A has committed of a dacoity. Whoever dishonestly receives or retains any stolen
criminal breach of trust. property, the possession whereof he knows or has reason to believe to
Sec. 406. Punishment for criminal breach of trust.Whoever have been transferred by the commission of dacoity or dishonestly
commits criminal breach of trust shall be punished with imprisonment of receives from a person, whom he knows or has reason to believe to
either description for a term which may extend to three years or with fine belong or to have belonged to a gang of dacoits, property which he knows
or with both. or has reason to believe to have been stolen, shall be punished with
Sec. 407. Criminal breach of trust by carrier, etc. Whoever, imprisonment for life or with rigorous imprisonment for a term which
being entrusted with property as a carrier, wharfinger or warehouse- may extend to ten years and shall also be liable to fine.
keeper, commits criminal breach of trust in respect of such property, shall Sec. 413. Habitually dealing in stolen property.Whoever
be punished with imprisonment of either description for a term which may habitually receives or deals in property which he knows or has reason to
extend to seven years and shall also be liable to fine.
The Penal Code, 1860 225 226 The Penal Code, 1860
believe to be stolen property, shall be punished with imprisonment for thereby dishonestly induces Z to advance money upon the faith of such
life or with imprisonment of either description for a term which may delivery. A cheats; but if A, at the time of obtaining the money, intends to
extend to ten years and shall also be liable to fine. deliver the indigo plant, and afterwards breaks his contract and does not
Sec. 414. Assisting in concealment of stolen property. Whoever deliver it, he does not cheat, but is liable only to a civil action for breach
voluntarily assists in concealing or disposing of or making away with of contract.
property which he knows or has reason to believe to be stolen property, (h) A intentionally deceives Z into a belief that A has performed A's
shall be punished with imprisonment of either description for a term part of a contract made with Z, which he has not performed, and thereby
which may extend to three years or with fine or with both. dishonestly induces Z to pay money. A cheats.
(i) A sells and conveys an estate to B. A, knowing that in consequence
Of Cheating of such sale he has no right to the property, sells or mortgages the same to
Sec. 415. Cheating.Whoever, by deceiving any person, fraudulently Z, without disclosing the fact of the previous sale and conveyance to B,
or dishonestly induces the person so deceived to deliver any property to and receive the purchase or mortgage money from Z, A cheats.
any person, or to consent that any person shall retain any property, or Sec. 416. Cheating by personation.A person is said to "cheat by
intentionally induces the person so deceived to do or omit to do anything personation" if he cheats by pretending to be some other person or by
which he would not do or omit if he were not so deceived, and which act knowingly substituting one person for another or representing that he or
or omission causes or is likely to cause damage or harm to that person in any other person is a person other than he or such other person really is.
body, mind, reputation or property, is said to "cheat".
Explanation.The offence is committed whether the individual
Explanation.A dishonest concealment of facts is a deception within personated is a real or imaginary person.
the meaning of this section.. Illustrations
Illustrations (a) A cheats by pretending to be a certain rich banker of the same
(a) A, by falsely pretending to be in the Civil Service, intentionally name. A cheats by personation.
deceives Z, and thus dishonestly induces Z to let him have on credit goods (b) A cheats by pretending to be B, a person who is deceased. A cheats
for which he does not mean, to pay. A cheats. by personation.
(b) A, by putting a counterfeit mark on an article, intentionally Sec. 417. Punishment for cheating. Whoever cheats shall be
deceives Z into a blief that this article was made by a certain celebrated punished with imprisonment of either description for a term which may
manufacturer, and thus dishonestly induces Z to buy and pay for the extend to one year, or with fine, or with both.
article, A cheats. Sec. 418. Cheating with knowledge that wrongful loss may ensue
(c) A, by exhibiting to Z a false sample of an article, intentionally
to person whose interest offender is bound to protect.Whoever
deceives Z into believing that the article corresponds with the sample, and
cheats with the knowledge that he is likely thereby to cause wrongful loss
thereby dishonestly induces Z to buy and pay for the article. A cheats.
to a person whose interest in the transaction to which the cheating relates,
(d) A, by tendering in payment for an article a bill on a house with
he was bound either by law, or by legal contract, to protect, shall be
which A keeps no money, and by which A expects that the bill will be
punished with imprisonment of either description for a term which may
dishonoured, intentionally deceives Z, and thereby dishonestly induces Z
extend to three years or with fine or with both.
to deliver the article, intending not to pay for it. A cheats.
Sec. 419. Punishment for cheating by personation. Whoever
(e) A, by pledging as diamonds articles which he knows are not
cheats by personation shall be punished with imprisonment of either
diamonds intentionally deceives Z, and thereby dishonestly induces Z to
description for a term which may extend to three years or with fine or
lend money. A cheats.
with both.
(f) A intentionally deceives Z into a belief that A means to repay any
Sec. 420. Cheating and dishonestly inducing deliver of
money that Z may lend to him and thereby dishonestly induces Z to lend
him money, A not intending to repay it. A cheats. property.Whoever cheats and thereby dishonestly induces the person
(g) A intentionally deceives Z into a belief that A means to deliver to Z deceived to deliver any property to any person or to make, alter or destroy
a certain quantity of indigo plant which he does not intent to deliver, and the whole or any part of a valuable security or anything which is signed or
The Penal Code, 1860 225 226 The Penal Code, 1860
sealed, and which is capable to being converted into a valuable security, property or in the situation thereof as destroys or diminishes its value or
shall be punished with imprisonment of either description for a term utility, or affects it injuriously, commits "mischief".
which may extend to seven years and shall also be liable to fine. Explanation 1.It is not essential to the offence of mischief that the
offendershould intend to cause loss or damage to the owner of the
Of Fraudulent Deeds and Dispositions of Property
property injured or destroyed. It is sufficient if he intends to cause, or
Sec. 421. Dishonest or fraudulent removal or concealment of knows that he is likely to cause, wrongful loss or damage to any person by
property to prevent distribution among creditors.Whoever injuring any property, whether it belongs to that person or not.
dishonestly or fraudulently removes, conceals or delivers to any person or Explanation 2.Mischief may be committed by an act affecting
transfers or causes to be transferred to any person, without adequate property belonging to the person who commits the act, or to that person
consideration, any property, intending thereby to prevent or knowing it to and others jointly.
be likely that he will thereby prevent, the distribution of that property Illustrations
according to law among his creditors or the creditors of any other person, (a) A voluntarily burns a valuable security belonging to Z intending to
shall be punished with imprisonment of either description for a term cause wrongful loss to Z. A has committed mischief.
which may extend to two years or with fine or with both. (b) A introduces water into an ice-house belonging to Z and thus
Sec. 422. Dishonestly or fraudulently preventing debt being causes the ice to melt, intending wrongful loss to Z. A has committed
available for creditors.Whoever dishonestly or fraudulently prevents mischief.
any debt or demand due to himself or to any other person from being (c) A voluntarily throws into a river a ring belonging to Z, with the
made available according to law for payment of his debts or the debts of intention of thereby causing wrongful loss to Z. A has committed
such other person, shall be punished with imprisonment of either mischief.
description for a term which may extend to two years or with fine or with (d) A, knowing that his effects are about to be taken in execution in
both. order to satisfy a debt due from him to Z, destroys those effects, with the
Sec. 423. Dishonest or fraudulent execution of deed of transfer intention of thereby preventing Z from obtaining satisfaction of the debt,
containing false statement of consideration.Whoever dishonestly or and of thus causing damage to Z. A has committed mischief.
fraudulently signs, executes or becomes a party to any deed or instrument (e) A having insured a ship, voluntarily causes the same to be cast
which purports to transfer or subject to any charge any property or any away, with the intention of causing damage to the underwriters. A has
interest therein, and which contains any false statement relating to the committed mischief.
consideration for such transfer or charge or relating to the person or (f) A, causes a ship to be cast away, intending thereby to cause damage
persons for whose use or benefit it is really intended to operate, shall be to Z who has lent money on bottomry on the ship. A has committed
punished with imprisonment of either description for a term which may mischief.
extend to two years or with fine or with both. (g) A, having joint property with Z in a horse, shoots the horse,
Sec. 424. Dishonest or fraudulent removal or concealment of intending thereby to cause wrongful loss to Z. A has committed mischief.
property.Whoever dishonestly or fraudulently conceals or removes (h) A causes cattle to enter upon a field belonging to Z, intending to
any property of himself or any other person or dishonestly or fraudulently cause and knowing that he is likely to cause damage to Z's crop. A has
assists in the concealment or removal thereof or dishonestly releases any committed mischief.
demand or claim to which he is entitled, shall be punished with Sec. 426. Punishment for mischief.Whoever commits mischief
imprisonment of either description for a term which may extend to two shall be punished with imprisonment of either description for a term
years or with fine or with both. which may extend to three months or with fine or with both.
Sec. 427. Mischief causing damage to the amount of fifty
Of Mischief taka.Whoever commits mischief and thereby causes loss or damage to
Sec. 425. Mischief.Whoever, with intent to cause or knowing that the amount of fifty taka or upwards, shall be punished with imprisonment
he is likely to cause, wrongful loss or damage to the public or to any
person, causes the destruction of any property or any such change in any
The Penal Code, 1860 225 226 The Penal Code, 1860
of either description for a term which may extend to two years or with imprisonment of either description for a term which may extend to seven
fine or with both. years or with fine or with both.
Sec. 428. Mischief by killing or maiming animal of the value of ten Sec. 434. Mischief of destroying or moving, etc, a land-mark fixed
taka.Whoever commits mischief by killing, poisoning, maiming or by public authority.Whoever commits mischief by destroying or
rendering useless any animal or animals of the value of ten taka or moving any land-mark fixed by the authority of a public servant or by any
upwards, shall be punished with imprisonment of either description for a act which renders such land-mark less useful as such, shall be punished
term which may extend to two years or with fine or with both. with imprisonment of either description for a term which may extend to
Sec. 429. Mischief by killing or maiming cattle, etc, of any value or one year or with fine or with both.
any animal of the value of fifty taka.Whoever commits mischief by Sec. 435. Mischief by fire or explosive substance with intent to
killing, poisoning, maiming or rendering useless, any elephant, camel, cause damage to amount of one hundred or (in case of agricultural
horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof produce) ten taka.Whoever commits mischief by fire or any explosive
or any other animal of the value of fifty taka or upwards, shall be substance, intending to cause or knowing it to be likely that he will
punished with imprisonment of either description for a term which may thereby cause, damage to any property to the amount of one hundred taka
extend to five years or with fine or with both. or upwards or (where the property is agricultural produce) ten taka or
Sec. 430. Mischief by injury to works of irrigation or by upwards, shall be punished with imprisonment of either description for a
wrongfully diverting water. Whoever commits mischief by doing any term which may extend to seven years and shall also be liable to fine.
act which causes or which he knows to be likely to cause, a diminution of Sec. 436. Mischief by fire or explosive substance with intent to
the supply of water for agricultural purposes or for food or drink for destroy house, etc.Whoever commits mischief by fire or any explosive
human beings or for animals which are property or for cleanliness or for substance, intending to cause, or knowing it to be likely that he will
carrying on any manufacture, shall be punished with imprisonment of thereby cause, the destruction of any building which is ordinarily used as
either description for a term which may extend to five years or with fine a place of worship or as a human dwelling or as a place for the custody of
or with both. property, shall be punished with imprisonment for life, or with
Sec. 431. Mischief by injury to public road, bridge, river or imprisonment of either description for a term which may extend to ten
channel.Whoever commits mischief by doing any act which renders or years and shall also be liable to fine.
which he knows to be likely to render any public road, bridge, navigable Sec. 437. Mischief with intent to destroy or make unsafe a decked
river or navigable channel, natural or artificial, impassable or less safe for vessel or one of twenty tons burden.Whoever commits mischief to
traveling or conveying property, shall be punished with imprisonment of any decked vessel or any vessel of a burden of twenty tons or upwards,
either description for a term which may extend to five years or with fine intending to destroy or render unsafe, or knowing it to be likely that he
or with both. will thereby destroy or render unsafe, that vessel, shall be punished with
Sec. 432. Mischief by causing inundation or obstruction to public imprisonment of either description for a term which may extend to ten
drainage attended with damage.Whoever commits mischief by doing years and shall also be liable to fine.
any act which causes or which he knows to be likely to cause an Sec. 438. Punishment for the mischief described in section 437
inundation or an obstruction to any public drainage attended with injury committed by fire or explosive substance.Whoever commits, or
or damage, shall be punished with imprisonment of either description for attempts to commit, by fire or any explosive substance, such mischief as
a term which may extend to five years or with fine or with both. is described in the last preceding section, shall be punished with
Sec. 433. Mischief by destroying, moving or rendering less useful a imprisonment for life, or with imprisonment of either description for a
light-house or sea-mark.Whoever commits mischief by destroying or term which may extend to ten years and shall also be liable to fine.
moving any light-house or other light used as a sea-mark or any sea-mark Sec. 439. Punishment for intentionally running vessel aground or
or buoy or other thing placed as a guide for navigators or by any act ashore with intent to commit theft, etc.Whoever intentionally runs
which renders any such light-house, sea-mark, buoy or other such thing as any vessel aground or ashore, intending to commit theft of any property
aforesaid less useful as a guide for navigators, shall be punished with contained therein or to dishonestly misappropriate any such property or
The Penal Code, 1860 225 226 The Penal Code, 1860
with intent that such theft or misappropriation of property may be Secondly.If he enters or quits through any passage not intended by
committed, shall be punished with imprisonment of either description for any person, other than himself or an abettor of the offence, for human
a term which may extend to ten years and shall also be liable to fine. entrance; or through any passage to which he has obtained access by
Sec. 440. Mischief committed after preparation made for causing scaling or climbing over any wall or building.
death or hurt.Whoever commits mischief, having made preparation Thirdly.If he enters or quits through any passage which he or any
for causing to any person death or hurt or wrongful restraint, or fear of abettor of the house-trespass has opened, in order to the committing of the
death or of hurt or of wrongful restraint, shall be punished with house-trespass by any means by which that passage was not intended by
imprisonment of either description for a term which may extend to five the occupier of the house to be opened.
years and shall also be liable to fine. Fourthly.If he enters or quits by opening any lock in order to the
committing of the house-trespass or in order to the quitting of the house
Of Criminal Trespass
after a house-trespass.
Sec. 441. Criminal trespass.Whoever enters into or upon property Fifthly.If he effects his entrance or departure by using criminal
in the possession of another with intent to commit an offence or to force or committing an assault or by threatening any person with assault.
intimidate, insult or annoy any person in possession of such property, Sixthly.If he enters or quits by any passage which he knows to have
or, having lawfully entered into or upon such property, unlawfully been fastened against such entrance or departure, and to have been
remains there with intent thereby to intimidate, insult or annoy any such unfastened by himself or by an abettor of the house-trespass.
person, or with intent to commit an offence, is said to commit "criminal Explanation.Any out-house or building occupied with a house, and
trespass". between which and such house there is an immediate internal
Sec. 442. House-trespass.Whoever commits criminal trespass by communication, is part of the house within the meaning of this section.
entering into or remaining in any building, tent or vessel used as a human Illustrations
dwelling or any building used as a place for worship, or as a place for the (a) A commits house-trespass by making a hole through the wall of Z's
custody of property, is said to commit "house-trespass". house, and putting his hand through the aperture. This is house-breaking.
Explanation.-The introduction of any part of the criminal trespasser's (b) A commits house-trespass by creeping into a ship at a port-hole
body is entering sufficient to constitute house-trespass. between decks. This is house-breaking.
Sec. 443. Lurking house-trespass.Whoever commits house- (c) A commits house-trespass by entering Z's house through a window.
trespass having taken precautions to conceal such house-trespass from This is house-breaking.
some person who has a right to exclude or eject the trespasser from the (d) A commits house-trespass by entering Z's house through the door,
building, tent or vessel which is the subject of the trespass, is said to having opened a door which was fastened. This is house-breaking.
commit "lurking house-trespass". (e) A commits house-trespass by entering Z's house through the door,
Sec. 444. Lurking house trespass by night. Whoever commits having lifted a latch by putting a wire through a hole in the door. This is
lurking house-trespass after sunset and before sunrise, is said to commit house-breaking.
“lurking house-trespass by night”. (a) A finds the key of Z's house door, which Z had lost, and commits
Sec. 445. House-breaking.A person is said to commit “house- house-trespass by entering Z's house, having opened the door with that
breaking" who commits house-trespass if he effects his entrance into the key. This is house-breaking.
house or any part of it in any of the six ways hereinafter described or if, (b) Z is standing in his doorway. A forces a passage by knocking Z
being in the house or any part of it for the purpose of committing an down, and commits house-trespass by entering the house. This is house
offence or having committed an offence therein, he quits the house or any breaking.
part of it in any of such six ways, that is to say: (h) Z, the door-keeper of Y, is standing in Y's doorway. A commits
Firstly.If he enters or quits through a passage made by himself, or house-trespass by entering the house, having deterred Z from opposing
by any abettor of the house-trespass, in order to the committing of the him by threatening to beat him. This is house-breaking.
house-trespass.
The Penal Code, 1860 225 226 The Penal Code, 1860
Sec. 446. House-breaking by night.Whoever commits house- lurking house-trespass or house-breaking, in order to the committing of
breaking after sunset and before sunrise, is said to commit "house- any offence punishable with imprisonment, shall be punished with
breaking by night". imprisonment of either description for a term which may extend to three
Sec. 447. Punishment for criminal trespass.Whoever commits years, and shall also be liable to fine; and if the offence intended to be
criminal trespass shall be punished with imprisonment of either committed is theft, the term of the imprisonment may be extended to ten
description for a term which may extend to three months, or with fine years.
which may extend to five hundred taka, or with both. Sec. 455. Lurking house-trespass or house-breaking after
Sec. 448. Punishment for house-trespass.Whoever commits preparation for hurt, assault or wrongful restraint.Whoever
house-trespass shall be punished with imprisonment of either description commits lurking house-trespass or house-breaking, having made
for a term which may extend to one year or with fine which may extend to preparation for causing hurt to any person or for assaulting any person or
one thousand taka or with both. for wrongfully restraining any person or for putting any person in fear of
Sec. 449. House-trespass in order to commit offence punishable hurt or of assault or of wrongful restraint, shall be punished with
with death.Whoever commits house-trespass in order to the imprisonment of either description for a term which may extend to ten
committing of any offence punishable with death, shall be punished with years, and shall also be liable to fine.
imprisonment for life or with rigorous imprisonment for a term not Sec. 456. Punishment for lurking house-trespass or house-
exceeding ten years, and shall also be liable to fine. breaking by night.Whoever commits lurking house-trespass by night
Sec. 450. House-trespass in order to commit offence punishable or house-breaking by night, shall be punished with imprisonment of either
with imprisonment for life.Whoever commits house-trespass in order description for a term which may extend to three years, and shall also be
to the committing of any offence punishable with imprisonment for life, liable to fine.
shall be punished with imprisonment of either description for a term not Sec. 457. Lurking house-trespass or house-breaking by night in
exceeding ten years and shall also be liable to fine. order to commit offence punishable with imprisonment. Whoever
Sec. 451. House-trespass in order to commit offence punishable commits lurking house-trespass by night or house breaking by night, in
with imprisonment.Whoever commits house-trespass in order to the order to the committing of any offence punishable with imprisonment,
committing of any offence punishable with imprisonment, shall be shall be punished with imprisonment of either description for a term
punished with imprisonment of either description for a term which may which may extend to five years, and shall also be liable to fine and, if the
extend to two years and shall also be liable to fine and if the offence offence intended to be committed is theft, the term of the imprisonment
intended to be committed is theft, the term of the imprisonment may be may be extended to fourteen years.
extended to seven years. Sec. 458. Lurking house-trespass or house-breaking by night, after
Sec. 452. House-trespass after preparation for hurt, assault or preparation for hurt, assault or wrongful restraint. Whoever
wrongful restraint.Whoever commits house-trespass, having made commits lurking house-trespass by night or house breaking by night,
preparation for causing hurt to any person or for assaulting any person or having made preparation for causing hurt to any person or for assaulting
for wrongfully restraining any person or for putting any person in fear of any person, or for wrongfully restraining any person, or for putting any
hurt or of assault or of wrongful restraint, shall be punished with person in fear of hurt or of assault or wrongful restraint, shall be punished
imprisonment of either description for a term which may extend to seven with imprisonment of either description for a term which may extend to
years and shall also be liable to fine. fourteen years and shall also be liable to fine.
Sec. 453. Punishment for lurking house-trespass or house- Sec. 459. Grievous hurt caused whilst committing lurking house-
breaking.Whoever commits lurking house-trespass or house-breaking, trespass or house-breaking.Whoever, whilst committing lurking
shall be punished with imprisonment of either description for a term house-trespass or house-breaking, causes grievous hurt to any person or
which may extend to two years and shall also be liable to fine. attempts to cause death of grievous hurt to any person, shall be punished
Sec. 454. Lurking house-trespass or house-breaking in order to with imprisonment for life or imprisonment of either description for a
commit offence punishable with imprisonment.Whoever commits term which may extend to ten years and shall also be liable to fine.
The Penal Code, 1860 225 226 The Penal Code, 1860
Sec. 460. All persons jointly concerned in lurking house-trespass Explanation.In section 462A and in this section “banking
or house breaking by night punishable where death or grievous hurt company” means
caused by one of them.If, at the time of the committing of lurking (a) banking company as defined in section 5(c) of the Banking
house-trespass by night or house breaking by night, any person guilty of Company Ordinance, 1962 (LVII of 1962);
such offence shall voluntarily cause or attempt to cause death or grievous (b) a bank constituted under the Bangladesh Banks (Nationaliza-tion)
hurt to any person, every person jointly concerned in committing such Order, 1972 (P.O. No. 26 of 1972);
lurking house-trespass by night or house breaking by night, shall be (c) a financial institution as defined in section 50(c) of the, 1972 (P.O.
punished with [imprisonment] for life, or with imprisonment of either No. 127 of 1972);
description for a term which may extend to ten years, and shall also be (d) Bangladesh Shilpa Rin Sangstha established under th, 1972 (P. O.
liable to fine. No. 128 of 1972);
Sec. 461. Dishonestly breaking open receptacle containing (e) Bangladesh Shilpa Bank established under the, 1972 (P.O. No. 129
property.Whoever dishonestly or with intent to commit mischief of 1972);
breaks open or unfastens any closed receptacle which contains or which (f) Bangladesh House Building Finance Corporation established under
he believes to contain property, shall be punished with imprisonment of the Bangladesh House Building Finance Corporation Order, 1973 (P.O.
either description for a term which may extend to two years or with fine No. 7 of 1973);
or with both. (g) Bangladesh Krishi Bank established under the Bangladesh Krishi
Sec. 462. Punishment for same offence when committed by person Bank Order, 1973 (P.O. No. 27 of 1973);
entrusted with custody.Whoever, being entrusted with any closed (h) Investment Corporation of Bangladesh established under the
receptacle which contains or which he believes to contain property, Investment Corporation of Bangladesh Ordinance, 1976 (XL of 1976);
without having authority to open the same, dishonestly or with intent to (i) Grameen Bank established under the Grameen Bank Ordinance,
commit mischief, breaks open or unfastens that receptacle, shall be 1983 (XLVI of 1983);
punished with imprisonment of either description for a term which may (j) Rajshahi Krishi Unnayan Bank established under the Rajshahi
extend to three years or with fine or with both. Krishi Unnayan Bank Ordinance, 1986 (LVIII of 1986);
(k) a bank conducted in accordance with Islamic shariah.]
Of the loss of property of Banking Company
Sec. 462A. Penalty for negligent conduct of bank officers and CHAPTER XVIII
employees.Whoever, being an officer or employee of a banking OF OFFENCES RELATING TO DOCUMENTS AND TO
company, by his negligent conduct in dealing with a banking transaction TRADE OR PROPERTY MARKS
allows any customer of the company or any other person to cause loss of
property to the company shall be punished with imprisonment of either Sec. 463. Forgery.Whoever makes any false document or part of a
description for a term which may extend to two years or with fine or with document, with intent to cause damage or injury, to the public or to any
both. person or to support any claim or title or to cause any person to part with
Explanation.An officer or employee of a banking company shall be property or to enter into any express or implied contract, or with intend to
guilty or negligent conduct if in discharging his duties he fails, either commit fraud or that fraud may be committed, commits forgery.
wilfully or negligently, to follow any direction of law prescribing the Sec. 464. Making a false document.A person is said to make a
mode in which such duties are to be discharged. false document
Sec. 462B. Penalty for defrauding banking company. Whoever Firstly.Who dishonesty or fraudulently makes, signs, seals or
fraudulently receives any benefit from a banking company in the course executes a document or part of a document, or makes any mark denoting
of any banking transaction shall be punished with imprisonment of either the execution of a document, with the intention of causing it to be
description for a term which may extend to two years or with fine or with believed that such document or part of a document was made, signed,
both. sealed or executed by or by the authority of a person by whom or by
The Penal Code, 1860 225 226 The Penal Code, 1860
whose authority he knows that it was not made, signed, sealed or signing the endorsement. B dishonestly erases the words "pay to Z or his
executed, or at a time at which he knows that it was not made, signed, order" and thereby converts the special endorsement into a blank
sealed or executed or endorsement. B commits forgery.
Secondly.Who, without lawful authority, dishonestly or (h) A sells and conveys an estate to Z. A afterwards, in order to defraud
fraudulently, by cancellation or otherwise, alters a document in any Z of his estate executes a conveyance of the same estate to B, dated six
material part thereof, after it has been made or executed either by himself months earlier than the date of the conveyance to Z, intending it to be
or by any other person, whether such person be living or dead at the time believed that he had conveyed the estate to B before he conveyed it to Z.
of such alteration; or A has committed forgery.
Thirdly.Who dishonestly or fraudulently causes any person to sign, (i) Z dictates his will to A. A intentionally writes down a different
seal, execute or alter a document, knowing that such person by reason of legatee from the legatee named by Z, and by representing to Z that he has
unsoundness of mind or intoxication cannot, or that by reason of prepared the will according to his instructions, induces Z to sign the will.
deception practiced upon him he does not know the contents of the A has committed forgery.
document or the nature of the alteration. (j) A writes a letter and signs it with B's name without B's authority,
Illustrations certifying that A is a man of good character and in distressed
(a) A has a letter of credit upon B for taka 10,000, written by Z. A, in circumstances from unforeseen misfortune, intending by means of such
order to defraud B, adds a cipher to the 10,000 and makes the sum letter to obtain alms from Z and other persons. Here, as A made a false
1,00,000, intending that it may be believed by B that Z so wrote the letter. document in order to induce Z to part with property, A has committed
A has committed forgery. forgery.
(b) A, without Z's authority, affixes Z's seal to a document purporting (k) A without B's authority writes a letter and signs it in B's name
to be a conveyance of an estate from Z to A, with the intention of selling certifying to A's character, intending thereby to obtain employment under
the estate to B and thereby of obtaining from B the purchase-money. A Z. A has committed forgery inasmuch as he intended to deceive Z by the
has committed forgery. forged certificate, and thereby to induce Z to enter into an express or
(c) A picks up a cheque on a banker signed by B, payable to bearer, but implied contract for service.
without any sum having been inserted in the cheque. A fraudulently fills Explanation 1.A man's signature of his own name may amount to
up the cheque by inserting the sum of ten thousand taka. A commits forgery.
forgery. Illustrations
(d) A leaves with B, his agent, a cheque on a banker, signed by A, (a) A signs his own name to a bill of exchange, intending that it may
without inserting the sum payable and authorizes B to fill up the cheque be believed that the bill was drawn by another person of the same name. A
by inserting a sum not exceeding ten thousand taka for the purpose of has committed forgery.
making certain payments. B fraudulently fills up the cheque by inserting (b) A writes the word "accepted" on a piece of paper and signs it with
the sum of twenty thousand taka. B commits forgery. Z's name, in order that B may afterwards write on the paper a bill of
(e) A draws a bill of exchange on himself in the name of B without B's exchange drawn by B upon Z, and negotiate the bill as though it had been
authority, intending to discount it as a genuine bill with a banker and accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws
intending to take up the bill on its maturity. Here, as A draws the bill with the bill upon the paper pursuant to A's intention, B is also guilty of
intent to deceive the banker by leading him to suppose that he had the forgery.
security of B, and thereby to discount the bill, A is guilty of forgery. (c) A picks up a bill of exchange payable to the order of a different
(f) Z's will contains these words- "I direct that all my remaining person of the same name. A endorses the bill in his own name, intending
property be equally divided between A, B and C." A dishonestly scratches to cause it to be believed that it was endorsed by the person to whose
out B's name, intending that it may be believed that the whole was left to order it was payable, Here A has committed forgery.
himself and C. A has committed forgery. (d) A purchases an estate sold under execution of a decree against B.
(g) A endorses a Government promissory note and makes it payable to B, after the seizure of the estate, in collusion with Z, executes a lease of
Z or his order by writing on the bill the words "pay to Z or his order" and the estate, to Z at a nominal rent and for a long period and dates the lease
The Penal Code, 1860 225 226 The Penal Code, 1860
six months prior to the seizure, with intent to defraud A, and to cause it to Sec. 468. Forgery for purpose of cheating.Whoever commits
be believed that the lease was granted before the seizure. B, though he forgery, intending that the document forged shall be used for the purpose
executes the lease in his own name, commits forgery by antedating it. of cheating, shall be punished with imprisonment of either description for
(e) A, a trader, in anticipation of insolvency, lodges effects with B for a term which may extend to seven years and shall also be to liable to fine.
A's benefit and with intent to defraud his creditors; and in order to give a Sec. 469. Forgery for purpose of harming reputation. Whoever
colour to the transaction, writes a promissory note binding himself to pay commits forgery, intending that the document forged shall harm the
to B a sum for value received, and antedates the note, intending that it reputation of any party or knowing that it is likely to be used for that
may be believed to have been made before A was on the point of purpose, shall be punished with imprisonment of either description for a
insolvency. A has committed forgery under the first head of the definition. term which may extend to three years and shall also be liable to fine.
Explanation 2.The making of a false document in the name of a Sec. 470. Forged document.A false document made wholly or in
fictitious person, intending it to be believed that the document was made part by forgery is designated “a forged document".
by a real person, or in the name of a deceased person, intending it to be Sec. 471. Using as genuine a forged document.Whoever
believed that the document was made by the person in his lifetime, may fraudulently or dishonestly uses as genuine any document which he
amount to forgery. knows or has reason to believe to be a forged document, shall be punished
Illustration in the same manner as if he had forged such document.
A draws a bill of exchange upon a fictitious person, and fraudulently Sec. 472. Making or possessing counterfeit seal, etc, with intent to
accepts the bill in the name of such fictitious person with intent to commit forgery punishable under section 467. Whoever makes or
negotiate it. A commits forgery. counterfeits any seal, plate or other instrument for making an impression,
Sec. 465. Punishment for forgery.Whoever commits forgery shall intending that the same shall be used for the purpose of committing any
be punished with imprisonment of either description for a term which may forgery which would be punishable under section 467 of this Code or with
extend to two years or with fine or with both. such intent, has in his possession any such seal, plate or other instrument,
Sec. 466. Forgery of record of Court or of public register, knowing the same to be counterfeit, shall be punishable with
etc.Whoever forges a document, purporting to be a record or imprisonment for life or with imprisonment of either description for a
proceeding of or in a Court of Justice or a register of birth, baptism, term which may extend to seven years and shall also be liable to fine.
marriage or burial or a register kept by a public servant as such or a Sec. 473. Making or possessing counterfeit seal, etc, with intent to
certificate or document purporting to be made by a public servant in his commit forgery punishable otherwise.Whoever makes or counterfeits
official capacity or an authority to institute or defend a suit or to take any any seal, plate or other instrument for making an impression, intending
proceedings therein or to confess judgment or a power of attorney, shall that the same shall be used for the purpose of committing any forgery
be punished with imprisonment of either description for a term which may which would be punishable under any section of this chapter other than
extend to seven years and shall also be liable to fine. section 467 or with such intend, has in his possession any such seal, plate
Sec. 467. Forgery of valuable security, will, etc.Whoever forges a or other instrument, knowing the same to be counterfeit, shall be punished
document which purports to be a valuable security or a will, or an with imprisonment of either description for a term which may extend to
authority to adopt a son or which purports to give authority to any person seven years, and shall also be liable to fine.
to make or transfer any valuable security or to receive the principal, Sec. 474. Having possession of document described in section 466
interest or dividends thereon or to receive or deliver any money, moveable or 467, knowing it to be forged and intending to use it as
property or valuable security or any document purporting to be an genuine.Whoever has in his possession any document, knowing the
acquaintance or receipt acknowledging the payment of money or an same to be forged and intending that the same shall fraudulently or
acquaintance or receipt for the delivery of any moveable property or dishonestly be used as genuine, shall, if the document is one of the
valuable security, shall be punished with imprisonment for life or with description mentioned in section 466 of this Code, be punished with
imprisonment of either description for a term which may extend to ten imprisonment of either description for a term which may extend to seven
years and shall also be liable to fine. years and shall also be liable to fine; and if the document is one of the
The Penal Code, 1860 225 226 The Penal Code, 1860
description mentioned in section 467, shall be punished with him for or on behalf of his employer or wilfully, and with intent to
imprisonment for life or with imprisonment of either description for a defraud, makes or abets the making of any false entry in or omits or alters
term which may extend to seven years and shall also be liable to fine. or abets the omission or alteration of any material particular from or in,
Sec. 475. Counterfeiting device or mark used for authenticating any such book, paper, writing, valuable security or account, shall be
documents described in section 467, or possessing counterfeit marked punished with imprisonment of either description for a term which may
material.Whoever counterfeits upon, or in the substance of, any extend to seven years or with fine or with both.
material, any device or mark used for the purpose of authenticating any Explanation.It shall be sufficient in any charge under this section to
document described in section 467 of this Code, intending that such allege a general intent to defraud without naming any particular person
device or mark shall be used for the purpose of giving the appearance of intended to be defrauded or specifying any particular sum of money
authenticity to any document then forged or thereafter to be forged on intended to be the subject of the fraud, or any particular day on which the
such material or who, with such intent, has in his possession any material offence was committed.
upon or in the substance of which any such device or mark has been
counterfeited, shall be punished with imprisonment for life or with Of Trade, Property and Other Marks
imprisonment of either description for a term which may extend to seven Sec. 478. Trade mark. A mark used for denoting that goods are the
years, and shall also be liable to fine. manufacture or merchandise of a particular person is called a trade mark,
Sec. 476. Counterfeiting device or mark used for authenticating and for the purposes of this Code the expression "trade mark" includes
documents other than those described in section 467, or possessing any trade mark which is registered in the register of trade marks kept
counterfeit marked material.Whoever counterfeits upon or in the under the Patents, Designs and Trade Marks Act, 1883, and any trade
substance of, any material, any device or mark used for the purpose of mark which, either with or without registration, is protected by law in any
authenticating any document other than the document described in section British possession or Foreign State to which the provisions of the one
467 of this Code, intending that such device or mark shall be used for the hundred and third section of the Patents, Designs and Trade Marks Act,
purpose of giving the appearance of authenticity to any document then 1883, are, under Order-in-Council, for the time being applicable.
forged or thereafter to be forged on such material or who, with such Sec. 479. Property mark.A mark used for denoting that moveable
intent, has in his possession any material upon or in the substance of property belongs to a particular person is called a property mark.
which any such device or mark has been counterfeited, shall be punished Sec. 480. Using a false trade mark.Whoever marks any goods or
with imprisonment of either description for a term which may extend to any case, package or other receptacle containing goods, or uses any case,
seven years and shall also be liable to fine. package or other receptacle with any mark thereon, in a manner
Sec. 477. Fraudulent cancellation, destruction, etc, of will, reasonably calculated to cause it to be believed that the goods so marked,
authority to adopt, or valuable security.Whoever fraudulently or or any good contained in any such receptacle so marked, are the
dishonestly or with intent to cause damage or injury to the public or to manufacture or merchandise of a person whose manufacture or
any person, cancels, destroys or defaces or attempts to cancel, destroy or merchandise they are not, is said to use a false trade mark.
deface or secrets or attempts to secret any document which is or purports Sec. 481. Using a false property mark.Whoever marks any
to be a will or an authority to adopt a son, or any valuable security or moveable property or goods or any case, package or other receptacle
commits mischief in respect to such document, shall be punished with containing moveable property or goods or uses any case, package or other
imprisonment for life or with imprisonment of either description for a receptacle having any mark thereon, in a manner reasonably calculated to
term which may extend to seven years and shall also be liable to fine. cause it to be believed that the property or goods so marked or any
Sec. 477A. Falsification of accounts.Whoever, being a clerk, property or goods contained in any such receptacle so marked, belong to a
officer or servant or employed or acting in the capacity of a clerk, officer person to whom they do not belong, is said to use a false property mark.
or servant, wilfully and with intent to defraud, destroys, alters, mutilates Sec. 482. Punishment for using a false trade mark or property
or falsifies any book, paper, writing, valuable security or account which mark.Whoever use any false trade mark or any false property mark
belongs to or is in the possession of his employer or has been received by shall, unless he proves that he acted without intent to defraud, be punished
The Penal Code, 1860 225 226 The Penal Code, 1860
with imprisonment of either description for a term which may extend to Sec. 487. Making a false mark upon any receptacle containing
one year or with fine or with both. goods.Whoever makes any false mark upon any case, package or other
Sec. 483. Counterfeiting a trade mark or property mark used by receptacle containing goods, in a manner reasonably calculated to cause
another.Whoever counterfeits any trade mark or property mark used by any public servant or any other person to believe that such receptacle
any other person shall be punished with imprisonment of either contains goods which it does not contain or that it does not contain goods
description for a term which may extend to two years or with fine or with which it does contain or that the goods contained in such receptacle are of
both. a nature or quality different from the real nature or quality thereof, shall,
Sec. 484. Counterfeiting a mark used by a public servant. unless he proves that he acted without intent to defraud, be punished with
Whoever counterfeits any property mark used by a public servant or any imprisonment of either description for a term which may extend to three
mark used by a public servant to denote that any property has been years or with fine, or with both.
manufactured by a particular person or at a particular time or place or that Sec. 488. Punishment for making use of any such false
the property is of a particular quality or has passed through a particular mark.Whoever makes use of any such false mark in any manner
office or that it is entitled to any exemption or uses as genuine any such prohibited by the last foregoing section shall, unless he proves that he
mark knowing the same to be counterfeit, shall be punished with acted without intent to defraud, be punished as if he had committed an
imprisonment of either description for a term which may extend to three offence against that section.
years and shall also be liable to fine. Sec. 489. Tampering with property mark with intent to cause
Sec. 485. Making or possession of any instrument for injury.Whoever removes, destroys, defaces or adds to any property
counterfeiting a trade mark or property mark.Whoever makes or mark, intending or knowing it to be likely that he may thereby cause
has in his possession any die, plate or other instrument for the purpose of injury to any person, shall be punished with imprisonment of either
counterfeiting a trade mark or property mark or has in his possession a description for a term which may extend to one year or with fine or with
trade mark or property mark for the purpose of denoting that, any goods both.
are the manufacture or merchandise of a person whose manufacture or OF CURRENCY-NOTES OR BANK-NOTES
merchandise they are not or that they belong to a person to whom they do
not belong, shall be punished with imprisonment of either description for Sec. 489A. Counterfeiting currency-notes or bank-
a term which may extend to three years or with fine or with both. notes.Whoever counterfeits, or knowingly performs any part of the
Sec. 486. Selling goods marked with a counterfeit trade mark or process of counterfeiting, any currency-note or bank-note, shall be
property mark.Whoever sells or exposes or has in possession for sale punished with imprisonment for life, or with imprisonment of either
or any purpose of trade or manufacture, any goods or thing with a description for a term which may extend to ten years, and shall also be
counterfeit trade mark or property mark affixed to or impressed upon the liable to fine.
same or to or upon any case, package or other receptacle in which such Explanation.For the purposes of this section and of sections 489B,
goods are contained, shall, unless he proves 489C and 489D, the expression "bank-note" means a promissory note or
(a) that, having taken all reasonable precautions against committing an engagement for the payment of money to bearer on demand issued by any
offence against this section, he had at the time of the commission of the person carrying on the business of banking in any part of the world, or
alleged offence no reason to suspect the genuineness of the mark and issued by or under the authority of any State or Sovereign Power, and
(b) that, on demand made by or on behalf of the prosecutor, he gave all intended to be used as equivalent to, or a substitute for, money.
the information in his power with respect to the persons from whom he Sec. 489B. Using as genuine a forged document.Whoever sells to
obtained such goods or things or or buys or receives from, any other person or otherwise traffics in or uses
(c) that otherwise he had acted innocently, be punished with as genuine, any forged or counterfeit currency-note or bank-note,
imprisonment of either description for a term which may extend to one knowing or having reason to believe the same to be forged or counterfeit,
year, or with fine, or with both. shall be punished with imprisonment for life, or with imprisonment of
The Penal Code, 1860 225 226 The Penal Code, 1860
either description for a term which may extend to ten years, an shall be Sec. 491. Breach of contract to attend on and supply wants of
liable to fine. helpless person.Whoever, being bound by a lawful contract to attend
Sec. 489C. Possession of forged or counterfeit currency-notes or on or to supply the wants of any person who, by reason of youth or of
bank-notes.Whoever has in his possession any forged or counterfeit unsoundness of mind or of a disease or bodily weakness, is helpless or
currency-note or bank-note, knowing or having reason to believe the same incapable of providing for his own safety or of supplying his own wants,
to be forged or counterfeit and intending to use the same as genuine or voluntarily omits so to do, shall be punished with imprisonment of either
that it may be used as genuine, shall be punished with imprisonment of description for a term which may extend to three months or with fine
either description for a term which may extend to seven years or with fine which may extend to two hundred taka or with both.
or with both. Sec. 492. [Repealed] [Repealed by the Workmen's Breach of Contract
Sec. 489D. Making or possessing instrument or materials for (Repealing) Act, 1925 (Act No. III of 1925).]
forging or counterfeiting currency-notes or bank-notes. Whoever
makes, or performs any part of the process of making, or buys or sells or CHAPTER XX
disposes of, or has in his possession, any machinery, instrument or OF OFFENCES RELATING TO MARRIAGE
material for the purpose of being used or knowing or having reason to
believe that it is intended to be used, for forging or counterfeiting any Sec. 493. Cohabitation caused by a man deceitfully inducing a
currency-note or bank-note, shall be punished with imprisonment for life
belief of lawful marriage.Every man who by deceit causes any
or with imprisonment of either description for a term which may extend to
woman who is not lawfully married to him to believe that she is
ten years, and shall also be liable to fine.
Sec. 489E. Making or using documents resembling currency-notes
lawfully married to him and to cohabit or have sexual intercourse with
him in that belief, shall be punished with imprisonment of either
or bank-notes.Whoever makes, or causes to be made or uses for any
purpose whatsoever or delivers to any person, any document purporting to description for a term which may extend to ten years and shall also be
be or in any way resembling or so nearly resembling as to be calculated to liable to fine.
deceive, any currency-note or bank-note shall be punished with fine Sec. 494. Marrying again during lifetime of husband or
which may extend to one hundred taka. wife.Whoever, having a husband or wife living, marries in any case
(2) If any person, whose name appears on a document the making of in which such marriage is void by reason of its taking place during the
which is an offence under sub-section (1), refuses, without lawful excuse, life of such husband or wife, shall be punished with imprisonment of
to disclose to a police-officer on being so required the name and address either description for a term which may extend to seven years and
of the person by whom it was printed or otherwise made, he shall be shall also be liable to fine.
punished with fine which may extend to two hundred taka. Exception.This section does not extend to any person whose
(3) Where the name of any person appears on any document in respect marriage with such husband or wife has been declared void by a Court
of which any person is charged with an offence under sub-section (1) or of competent jurisdiction, nor to any person who contracts a marriage
on any other document used or distributed in connection with that during the life of a former husband or wife, if such husband or wife, at
document it may, until the contrary is proved, be presumed that person the time of the subsequent marriage, shall have been continually
that caused the document to be made. absent from such person for the space of seven years, and shall not
have been heard of by such person as being alive within that time
CHAPTER XIX provided the person contracting such subsequent marriage shall,
OF THE CRIMINAL BREACH OF CONTRACTS OF before such marriage takes place, inform the person with whom such
SERVICE marriage is contracted of the real state of facts so far as the same are
within his or her knowledge.
Sec. 490. [Repealed].[Repealed by the Workmen's Breach of Sec. 495. Same offence with concealment of former marriage
Contract (Repealing) Act, 1925 (Act No. III of 1925).] from person with whom subsequent marriage is contracted.
The Penal Code, 1860 225 226 The Penal Code, 1860
Whoever commits the offence defined in the last preceding section person if living, and is intended to be hurtful to the feelings of his family
having concealed from the person with whom the subsequent marriage or other near relatives.
is contracted, the fact of the former marriage, shall be punished with Explanation 2.It may amount to defamation to make an imputation
imprisonment of either description for a term which may extend to ten concerting a company or an association or collection of persons as such.
years and shall also be liable to fine. Explanation 3.An imputation in the form of an alternative or
Sec. 496. Marriage ceremony fraudulently gone through expressed ironically, may amount to defamation.
without lawful marriage.Whoever, dishonestly or with a Explanation 4.No imputation is said to harm a person's reputation,
fraudulent intention, goes through the ceremony of being married, unless that imputation directly or indirectly, in the estimation of others,
knowing that he is not thereby lawfully married, shall be punished lowers the moral or intellectual character of his caste or of his calling or
with imprisonment of either description for a term which may extend lowers the credit of that person or causes it to be believe that body of that
to seven years and shall also be liable to fine. person is in a loathsome state or in a state generally considered as
disgraceful.
Sec. 497. Adultery.Whoever has sexual intercourse with a
Illustrations
person who is and whom he knows or has reason to believe to be the
(a) A say's – “Z is an honest man; he never stole B's watch”; intending
wife of anther man, without the consent or connivance of that man, to cause it to be believed that Z did steal B's watch. This is defamation,
such sexual intercourse not amounting to the offence of rape, is guilty unless it fall within one of the exceptions.
of the offence of adultery, and shall be punished with imprisonment of (b) A is asked who stole B's watch. A points to Z, intending to cause it
either description for a term which may extend to five years or with to be believed that Z stole B's watch. This is defamation, unless it fall
fine or with both. In such case the wife shall not be punished as an within one of the exceptions.
abettor. (c) A draws a picture of Z running away with B's watch, intending it to
Sec. 498. Enticing or taking away or detaining with criminal be believed that Z stole B's watch. This is defamation, unless it fall within
intent a married woman. Whoever takes or entices away any one of the exceptions.
woman who is and whom he knows has reason to believe to be wife First Exception: Imputation of truth which public good requires
of any other man, from that man or from any person having the care of to be made or published.It is not defamation to impute anything
her on behalf of that man, with intent that she may have illicit which is true concerning any person, if it be for the public good that the
intercourse with any person or conceals or detains with that intent any imputation should be made or published. Whether or not it is for the
such woman, shall be punished with imprisonment of either public good is a question of fact.
description for a term which may extend to two years or with fine, or Second Exception: Public conduct of public servants.It is not
with both. defamation to express in good faith any opinion whatever respecting the
conduct of a public servant in the discharge of his public functions or
CHAPTER XXI respecting his character, so far as his character appears in that conduct,
OF DEFAMATION and no further.
Third Exception: Conduct of any person touching any public
Sec. 499. Defamation.Whoever by words either spoken or question.It is not defamation to express in good faith any opinion
intended to be read or by signs or by visible representations, makes or whatever respecting the conduct of any person touching any public
published any imputation concerning any person intending to harm or question, and respecting his character, so far as his character appears in
knowing or having reason to believe that such imputation will harm, the that conduct, and no further.
reputation or such person, is said, except in the cases hereinafter excepted, Illustration
to defame that person. It is not defamation in A to express in good faith any opinion whatever
Explanation 1.It may amount to defamation to impute any thing to respecting Z's conduct in petitioning Government on a public question, in
a deceased person, if the imputation would harm the reputation of that signing a requisition for a meeting on a public question, in presiding or
aviv-499

The Penal Code, 1860 225 226 The Penal Code, 1860
attending at such meeting, in forming or joining any society which invites (c) An actor or singer who appears on a public stage, submits his
the public support, in voting or canvassing for a particular candidate for acting or singing to the judgment of the public.
any situation in the efficient discharge of the duties of which the public is (d) A says of a book published by Z- "Z's book is foolish: Z must be a
interested. week man. Z's book is indecent; Z must be a man of impure mind." A is
Fourth Exception: Publication of reports of proceedings of within this exception, if he says this in good faith, inasmuch as the
Courts.It is not defamation to publish a substantially true report of the opinion which he expresses of Z respects Z's character only so far as it
proceedings of a Court of Justice or of the result of any such proceedings. appears in Z's book, and no further.
Explanation.A Justice of the peace or other officer holding an (e) But if A says "I am not surprised that Z's book is foolish and
enquiry in open Court preliminary to a trial in a Court of Justice, is a indecent, for he is a weak man and a libertine." A is not within this
Court within the meaning of the above section. exception, inasmuch as the opinion which he expresses of Z's character is
Fifth Exception: Merits of case decided in Court, or conduct of an opinion not founded on Z's book.
witnesses and others concerned.It is not defamation to express in Seventh Exception: Censure passed in good faith by person
good faith any opinion whatever respecting the merits of any case, civil or having lawful authority over another.It is not defamation in a person
criminal, which has been decided by a Court of Justice or respecting the having over another any authority, either conferred by law or arising out
conduct of any person as a party, witness or agent, in any such case or of a lawful contract made with that other, to pass in good faith any
respecting the character of such person, as far as his character appears in censure on the conduct of that other in matters to which such lawful
that conduct and no further. authority relates.
Illustration
A Judge censuring in good faith the conduct of a witness, or of an
Illustrations officer of the Court; a head of a department censuring in good faith those
(a) A says- “I think Z's evidence on that trial is so contradictory that he who are under his order; a parent censuring in good faith a child in the
must be stupid or dishonest." A is within this exception if he says this in presence of other children; a school master, whose authority is derived
good faith, inasmuch as the opinion which he expresses respects Z's from a parent, censuring in good faith a pupil in the presence of other
character as it appears in Z's conduct as a witness, and no further. pupils; a master censuring a servant in good faith for remissness in
(b) But if A says- “I do not believe what Z asserted at that trial because service; a banker censuring in good faith the cashier of his bank for the
I know him to be a man without veracity." A is not within this exception, conduct of such cashier as such cashier- are within this exception.
inasmuch as the opinion which he expresses of Z's character, is an opinion Eighth Exception: Accusation preferred in good faith to
not founded on Z's conduct as a witness. authorized person.It is not defamation to prefer in good faith an
Sixth Exception: Merits of public performance.It is not accusation against any person to any of those who have lawful authority
defamation to express in good faith any opinion respecting the merits of over that person with respect to the subject-matter of accusation.
any performance which its author has submitted to the judgment of the Illustration
public, or respecting the character of the author so far as his character If A in good faith accuses Z before a Magistrate; if A in good faith
appears in such performance, and no further. complains of the conduct of Z, a servant, to Z's master; if A in good faith
Explanation.A performance may be submitted to the judgment of complains of the conduct of Z, a child, to Z's father- A is within this
the public expressly or by acts on the part of the author which imply such exception.
submission to the judgment of the public. Ninth Exception: Imputation made in good faith by person for
Illustrations protection of his or other’s interests.It is not defamation to make an
(a) A person who publishes a book, submits that book to the judgment imputation on the character of another, provided that the imputation be
of the public. made in good faith for the protection of the interest of the person making
(b) A person who makes a speech in public, submits that speech to the it or of any other person or for the public good.
judgment of the public. Illustrations
The Penal Code, 1860 225 226 The Penal Code, 1860
(a) A, a shopkeeper, says to B, who manages his business-"Sell Explanation.A threat to injure the reputation of any deceased
nothing to Z unless he pays you ready money, for I have no opinion of his person in whom the person threatened is interested, is within this section.
honesty.” A is within the exception, if he has made this imputation on Z in Illustration
good faith for the protection of his own interests. A, for the purpose of inducing B to desist from prosecuting a civil suit,
(b) A, a Magistrate, in making a report to his own superior officer, threatens to burn B's house. A is guilty of criminal intimidation.
casts an imputation on the character of Z. Here, if the imputation is made Sec. 504. Intentional insult with intent to provoke breach of the
in good faith, and for the public good, A is within the exception. peace.Whoever intentionally insults and thereby gives provocation to
Tenth Exception: Caution intended for good of person to whom any person, intending or knowing it to be likely that such provocation will
conveyed or for public good.It is not defamation to convey a caution, cause him to break the public peace or to commit any other offence, shall
in good faith, to one person against another, provided that such caution be be punished with imprisonment of either description for a term which may
intended for the good of the person to whom it is conveyed or of some extend to two years or with fine or with both.
person in whom that person is interested or for the public good. Sec. 505. Statements conducing to public mischief.Whoever
Sec. 500. Punishment for defamation:- Whoever defames another makes, publishes or circulates any statement, rumour or report,
shall be punished with simple imprisonment for a term which may extend (a) with intent to cause or which is likely to cause, any officer, soldier,
to two years or with fine or with both. sailor or airman in the Army, Navy or Air Force of Bangladesh to mutiny
Sec. 501. Printing or engraving matter known to be defamatory:- or otherwise disregard or fail in his duty as such or
Whoever prints or engraves any matter, knowing or having good reason to (b) with intent to cause or which is likely to cause, fear or alarm to the
believe that such matter is defamatory of any person, shall be punished public or to any section of the public whereby any person may be induced
with simple imprisonment for a term which may extend to two years or to commit an offence against the state or against the public tranquility or
with fine or with both. (c) with intent to incite or which is likely to incite, any class or
Sec. 502: Sale of printed or engraved substance containing community of persons to commit any offence against any other class or
defamatory matter.—Whoever sells or offers for sale any printed or community or
engraved substance containing defamatory matter, knowing that it contains (d) with intent to create or promote or which is likely to create or
such matter, shall be punished with simple imprisonment for a term which promote, feelings of enmity, hatred or ill-will between different
may extend to two years or with fine or with both. communities, classes or sections of people,
shall be punished with imprisonment which may extend to seven years
CHAPTER XXII or with fine or with both.
OF CRIMINAL INTIMIDATION, INSULT ItException. does not amount to an offence, within the meaning of
this section, when the person making, publishing or circulating any such
PREJUDICIAL ACT AND ANNOYANCE28 statement, rumour or report, has reasonable grounds for believing that
such statement, rumour or report is true and makes, publishes or circulates
Sec. 503. Criminal intimidation.Whoever threatens another with it without any such intent as aforesaid.
any injury to his person, reputation or property, or to the person or 29
[Sec. 505A. Prejudicial act by words, etc.Whoever-
reputation of any one in whom that person is interested, with intent to (a) by words, either spoken or written or by signs or by visible
cause to alarm to that person, or to cause that person to do any act which representation or otherwise does anything or
he is not legally bound to do, or to omit to do any act which that person is (b) makes, publishes or circulates any statement, rumour or report,
legally entitled to do, as the means of avoiding the execution of such which is or which is likely to be prejudicial to the interests of the
threat, commits criminal intimidation. security of Bangladesh or public order or to the maintenance of friendly
relations of Bangladesh with foreign states or to the maintenance of
28
The comma and words “, PREJUDICIAL ACT AND ANNOYANCE” were substituted, for the
29
words “AND ANNOYANCE” by section 6 of the Penal Code (Amendment) Act, 1991 (Act No. Section 505A was inserted by section 8 of the Penal Code (Amendment) Act, 1991 (Act No.
XV of 1991).Sec. 6 XV of 1991).
The Penal Code, 1860 225 226 The Penal Code, 1860
supplies and services essential to the community, shall be punished with Sec. 509. Word, gesture or act intended to insult the modesty of a
imprisonment for a term which may extend to seven years, or with fine, or woman.Whoever, intending to insult the modesty of any woman, utters
with both.] any word, makes any sound or gesture, or exhibits any object, intending
Sec. 506. Punishment for criminal intimidation.Whoever that such word or sound shall be heard, or that such gesture or object shall
commits the offence of criminal intimidation shall be punished with be seen, by such woman, or intrudes upon the privacy of such woman,
imprisonment of either description for a term which may extend to two shall be punished with simple imprisonment for a term which may extend
years or with fine or with both; to one year or with fine or with both.
If threat be to cause death or grievous hurt, etc.and if the threat Sec. 510. Misconduct in public by a drunken person. Whoever,
be to cause death or grievous hurt or to cause the destruction of any in a state of intoxication appears in any public place or in any place which
property by fire or to cause an offence punishable with death or it is a trespass in him to enter, and there conducts himself in such a
imprisonment for life or with imprisonment for a term which may extend manner as to cause annoyance to any person, shall be punished with
to seven years or to impute unchastity to a woman, shall be punished with simple imprisonment for a term which may extend to twenty-four hours or
imprisonment of either description for a term which may extend to seven with fine which may extend to ten taka or with both.
years or with fine or with both.
Sec.507. Criminal intimidation by an anonymous
communication.Whoever commits the offence of criminal intimidation
by an anonymous communication or having taken precaution to conceal
the name or abode of the person from whom the threat comes, shall be
punished with imprisonment of either description for a term which may
extend to two years, in addition to the punishment provided for the
offence by the last preceding section. CHAPTER XXIII
508. Act caused by inducing person to believe that he will be OF ATTEMPTS TO COMMIT OFFENCES
rendered an object of the Divine displeasure.Whoever voluntarily
causes or attempts to cause any person to do anything which that person is Sec. 511. Punishment for attempting to commit offences
not legally bound to do or to omit to do anything which he is legally punishable with imprisonment for life or imprisonment. Whoever
entitled to do, by inducing or attempting to induce that person to believe attempts to commit an offence punishable by this Code with
that he or any person in whom he is interested will become or will be imprisonment for life or imprisonment or to cause such an offence to be
rendered by some act of the offender an object of Divine displeasure if he committed, and in such attempt does any act towards the commission of
does not do the thing which it is the object of the offender to cause him to the offence, shall, where no express provision is made by this Code for
do, or if he does the thing which it is the object of the offender to cause the punishment of such attempt, be punished with imprisonment of any
him to omit, shall be punished with imprisonment of either description for description provided for the offence, for a term which may extend to one-
a term which may extend to one year or with fine or with both. half of the longest term of imprisonment provided for that offence or with
Illustrations such fine as is provided for the offence, or with both.
(a) A sits dhurna at Z's door with the intention of causing it to be Illustrations
believed that, by so sitting, he renders Z an object of Divine displeasure. (a) A makes an attempt to steal some jewels by breaking open a box,
A has committed the offence defined in this section. and finds after so opening the box, that there is no jewel in it. He has done
(b) A threatens Z that, unless Z performs a certain act, A will kill one an act towards the commission of theft, and therefore is guilty under this
of A's own children, under such circumstances that the killing would be section.
believed to render Z an object of Divine displeasure. A has committed the (b) A makes an attempt to pick the pocket of Z by thrusting his hand
offence defined in this section. into Z's pocket. A fails in the attempt in consequence of Z's having
nothing in his pocket. A is guilty under this section.
The Penal Code, 1860 225 226 The Penal Code, 1860
(d) ‘Tribunal’ means any Tribunal constituted under this
Act;
(e) ‘Rape’ means subject to the provisions of section 9,
the definition of rape under section 375 of Penal Code, 1860 (Act No.
XLV of 1860);
(f) ‘Newborn baby’ means any baby not more than 40
days;
(g) ‘Woman’ means woman of any age;
(h) ‘Ransom’ means financial or any other benefit;
(i) ‘Criminal Procedure’ means the Code of Criminal
Procedure, 1898 (Act No. V of 1898);
30
[(j) ‘Dowry’ means-
a. Any money, goods or other property demanded from the bride
party by the bridegroom or father of the bridegroom or mother or
any person
b. Any money, goods or other property given or agreed to give by
the bride party to the bridegroom or the father of the bridegroom or
mother or any person involved in the marriage involved in the
marriage directly of the bride party during marriage or before the
marriage or during continuance of marital relation on the condition
of the constancy of marriage as the pawn or consideration for any
marriage;
1. Nari O Shishu Nirjatan Daman Ain, 2000 (k) ‘Child’ means any person under the age of sixteen years;]
(l) ‘High Court Division’ means the High Court Division of the
(The Prevention of Violence Against Women and Bangladesh Supreme Court
Children Act, 2000) Sec.-3: Supremacy of the Act.Notwithstanding anything contained in
[Act No. VIII of 2000] any other law for the time being in force the provisions of the Act shall have
effect.
This Act to make necessary provisions to prevent the violent offences Sec.-4: Punishment for the offences caused by the inflammatory
strictly against women and children. substances, etc.(1) If any person causes death or attempts to cause death of
Whereas it is expedient to make necessary provisions to prevent the any child or woman by the inflammatory, corrosive or poisonous substances,
violent offences strictly against women and children shall be punished with death or rigorous imprisonment for life and shall also
So the Act is enacted as follows: be liable to fine not more than Tk.1 lakh.
Sec.-1: Short Title.This Act shall be called the Prevention of Violence (2) If any person causes injury any child or woman by any inflammatory,
Against Women and Children Act, 2000 corrosive or poisonous substances in such a way that results in the eyesight or
Sec.-2: Definitions.In this Act, unless there is anything repugnant in the hearing power or any part of the body, gland or part damaged or disfigured of
subject or context. the child or woman other part of his body is injured, than the child’s or
(a) ‘Offence’ means an offence punishable under this woman’s –
Act; (a) Eye sight or hearing power or face, breast or sexual organ if
(b) ‘Abduction’ means by force, or by temptation, or by damaged or disfigured, then the person shall be punished with death
enticement, or by deceitful means, or by intimidation, compels any
person to go from one place to other place;
(c) ‘Detention’ means to detain any person in any place 30
Substituted by section 2 of the Nari O Shishu Nirjatan Danman (Amendment) Act, 2003 (Act No. 30
against his consent; of 2003)
The Penal Code, 1860 225 226 The Penal Code, 1860
or rigorous imprisonment for life and shall also be liable to fine not the concerned child’s guardian, than he shall be punished under sub-
more than Tk. 1 lakh; section (1).
(b) Any limb, gland or part of the body is disfigured or damaged or Sec.-7: Punishment for abduction of women and child. If any person
in case of injury in any part of the body, the person shall be punished abducts any woman or child other than the purpose mentioned in section 5, he
with rigorous imprisonment not more than 14 years but not less than shall be punished with imprisonment for life or not less than 14 years and
7 years and shall also be liable to fine not more than Tk. 50,000. shall also be liable to fine.
(3) If any person throws or attempts to throw any inflammatory, corrosive Sec.-8: Punishment for realization of ransom.If any person detains
or poisonous substances on any child or woman for that if know physical, any woman or child for the purpose of realizing of ransom he shall be
mental or in any other way injury in spite of throwing the substances of the punished with death or rigorous imprisonment for life and shall also be liable
concerned child or woman, the person shall be punished with rigorous to fine.
imprisonment not more than 7 years but not less than 3 years and shall also be Sec.-9: Punishment for rape, death for committing rape, etc.
liable to fine not more than Tk. 50,000. (1) If any person rapes any woman he shall be punished with imprisonment
(4) Under this section the money of fine according to the provisions of the for life and shall also be liable to fine.
existing laws collecting from the convicted/fined person or from the property Explanation.If any person without marriage has sexual intercourse
in the case of his death from property that he leaves will be given to the with woman more than [16 years] 31 without her consent or intimidating
heir/heirs of the victim who died for the offence or, as the case may be, to the or fraudulently obtaining her consent, or with a woman under [16
person who is injured physically or mentally. years]32 with her consent or without her consent he shall be presumed to
Sec. -5: Punishment for trafficking in women, etc. have raped the said woman/he is said to commit rape.
a. If any person imports or exports or sends or buys or (2) If the raped woman or child dies for committing rape or other activities
sells or lets to hire any woman for the purposes of employment in for rape by any person then he shall be punished with death or rigorous
prostitution or an unlawful or immoral acts or otherwise disposes of imprisonment for life and shall also be liable to fine.
for the violence or obtains possession, keeps under his custody with (3) If more than one person jointly rape any woman or child and for
the same intention, then that person shall be punished with death or committing rape causes death or get hurt/injured of that woman or child
rigorous imprisonment for life or imprisonment not less more than 20 then every person of the gang shall be punished with death or rigorous
years but not than 10 years and shall also be liable to fine. imprisonment not less than Tk.1 lakh.
b. If any woman is sold let to hire or otherwise disposed (4) If any person attempts to
of to a prostitute or to any person who keeps or manages a brothel, the a. Cause death or hurt/ injure any woman or child by committing rape,
person so disposing of such woman shall, until the contrary is proved, he shall be punished with rigorous imprisonment for life and shall
be presumed to have disposed of her with the intent that she will be also be liable to fine;
used for the purpose of prostitution, and he shall be punished with the b. Rape, he shall be punished with rigorous imprisonment not more than
sentence under sub-section (1). 10 years but not less than 5 years and shall also be liable to fine.
c. If any person who keeps or manages a brothel, buys or (5) If any woman is raped at the time of under police custody, then the rape is
lets to hire or otherwise obtains possession or keeps under his custody committed under whose custody, then the person or persons was/were
a woman shall, until the contrary is proved, be presumed to have responsible directly for the custody of the raped woman, then he or
obtained possession of such woman with the intent that she will be everyone of them shall, unless the contrary is proved, for the
used for the purpose of prostitution, and he shall be punished under failure/default of custody, be punished with rigorous imprisonment not
sub-section more than 10 years but not less than 5 years and shall also be liable to
Sec.- 6: Punishment for Trafficking in Children, etc. fine.
(1) If any person imports or exports or traffics or buys or sells for unlawful Sec.-9A33: Punishment for abetment in committing suicide of woman,
or immoral purposes or obtains the possession or keeps under custody etc. If any woman commits suicide for outraging modesty of the woman
for the same purposes, than he shall be punished with death or rigorous
imprisonment for life and shall also be liable to fine. 31
Substituted by section 3 of the Nari O Shisu Nirjatan Daman (Amendment) Act, 2003 (Act No.
(2) If any person steals any newborn baby from the hospital, infant hospital XXX of 2003)
32
or maternity hospital, nursing home, clinic, etc., or from the custody of ibid.
The Penal Code, 1860 225 226 The Penal Code, 1860
direct reason/cause with her consent or against her will by the willful (1) Notwithstanding anything contained in any other law (for
activities/act of any person, he shall be accuse/convicted for abetment in the time being in force), if any child/baby/offspring born of for
committing suicide of that woman by that act/activity and he shall be committing rape-
punished for that offence with rigorous imprisonment not more than 10 years (a) The child will be kept under the
but not less than 5 years and shall also be liable to fine. care/superintendence of its mother or maternal relatives;
34
Sec.-10: Punishment for sexual assault, etc. If any person touches (b) That child/offspring will be entitled to be
the sex organ or any other organ or outrages the modesty of a woman with an acquainted with/introduced by the identity of its father or mother
intention to illegally satisfy his sexual instinct/desire that will amount to or both;
sexual assault and for that he shall be punished with rigorous imprisonment (c) The Government will bear/carry out the
not more than 10 years but not less than 3 years and shall also be liable to maintenance of that child/offspring.
fine. (d) The maintenance will be supplied/paid until 21
years of old of that offspring, but in the case of daughter that will
Sec.-11: Punishment for causing death for dowry, etc. If any husband
be paid/supplied until marriage and in the case of
or the father, mother, guardian, of relative or other person on behalf of
disabled/maimed child/offspring until he attains the ability to
husband of any woman causes death for dowry or attempts to cause death or
maintain himself.
[causes grievous hurt or simple hurt] 35 the husband, the father, mother,
(2) The Government will determent the amount of money
guardian, relative or any person of the husband-
given for maintenance by the manner/mode of prescribed be rules for
(a) Shall be punished with death for causing death and imprisonment the child mentioned in subsection (1)
for life for attempting to cause death and shall also be liable to fine for (3) The Government may collect the money for maintenance
both; of a child from the rapist and if the money is not possible to
[(b) Shall be punished with rigorous imprisonment for life or (rigorous collect/realize from the existing property of the rapist in that case the
imprisonment) not more than 12 years but not less than 5 years and money will be realized/collected from the property of which he will be
shall also be liable to time for grievous hurt; the owner in future.
(c) Shall be punished with rigorous imprisonment not more than 3 years but Sec.-14: Prohibition/Restriction on publication of the identity of the
not less than 1 year and shall also be liable to fine for simple hurt]36. raped/assaulted woman or child in the news media/electronic media.
Sec. -12: Punishment for mutilation or maiming of the children for the The news or information of name, address or other kind of information about
purpose of begging, etc. the woman or child who has become the victim of the offences
If any person damages the hand, leg, eye or any other organ or mutilates stated/described in this Act or about the legal proceeding may be published in
or disfigures by any other way/otherwise for the purpose of begging or selling any newspaper of news media in such a way so that the identity of the victim
the limbs/organs, he shall be punished with death or rigorous imprisonment Sec.-15:Realization of fine from the future property.If the tribunal
for life and shall also be liable to fine. may it consider necessary the fine imposed by it for the offenses mentions in
Sec.-1337: Provisions for the child born of after/for committing rape. the sections from 4 to 14 as the compensation for the person who is
injured/hurt of that offenses and if the fine is not possible/not practicable to
realize from the person or from the existing property then that fine shall have
to be realized from the property that will be possessed in future by him and in
33
Inserted by section 4 of the Nari O shishu Nirjatan Daman (Amendment) Ain, 2003 (Act No. XXX such case the demand of fine or compensation will prevail over the other
of 2003) demand of that property.
34
Substituted by section 5 of the Nari O shishu Nirjatan Daman (Amendment) Ain, 2003 (Act No. Sec.-16: The procedure for realization/recovery of fine or
XXX of 2003)
35 compensation.If any fine is imposed under this Act then the Tribunal may
Substituted by section 6 of the Nari O Shishu Nirjatan Daman (Amendment) Act, 2003 (Act No.
XXX of 2003)
direct the Collector of the concerned district in the process/procedure
36
Clauses (b), (c) Substituted by section 6 of the Nari O Shishu Nirjatan Daman (Amendment) Act, prescribed by rules or in case of no such prescribed process in the
2003 (Act No. XXX of 2003) process/procedure prescribed by Tribunal, after making a list of the movable
37
Substituted by section 7 of the Nari O Shishu Nirjatan Daman (Amendment) Ain, 2003 (Act No. and immovable property or both of the accused attaching and selling by
XXX of 2003)
The Penal Code, 1860 225 226 The Penal Code, 1860
auction or without attachment by selling by auction directly the money of the (a) Shall complete/conclude the investigation within 7 working
sale, to deposit in the Tribunal and the Tribunal will administer, to give the days after receiving the order if the accused is caught red-handed
money to the victim. by the police or caught by other person and sent up to the police;
Sec.-17: Punishment for filing any false case, complaint, etc.If any or
person with the intent to cause injury/hurt to any person institutes or causes to (b) Shall complete/ conclude the investigation within 30
institute any case under this Act against that person, knowing that there is no working days after receiving the order.
just or lawful ground instituting a case of complaint then the person who (5)If the investigation is not completed within the period mentioned in
instituted a case or who caused to institute shall be punished with rigorous subsection (4) then the investigating officer will inform in writing to the
imprisonment for not more than 7 years and shall also be liable to fine. superior officer or, as the case may be, to the Tribunal that directed him
(1)The Tribunal can take complaint and entertain a case of the offence under about not to be completed the investigation.
subsection (1) only when a complaint to that effect is filed in writhing
by any person. (6)If any investigation is not completed within the period mentioned in
subsections (2) and (4) in that case the superior officer or, as the case
Sec.-1838: Investigation of an offences.
(1)Notwithstanding anything contained in the CrPC, the investigation of any may be, the Tribunal that directed after receiving the report with an
explanation reaching in this decision that the investigating officer is
offence under this Act.
responsible for not completing the investigation then that will be
(a) Shall have to be concluded/completed within 30
considered/treated as inefficiency and misconduct and these
working days after the date of his arrest/detention if the accused is
inefficiency and misconduct will be noted in the annual confidential
caught red-handed in committing offence or in case of arresting by
report and in the proper/appropriate case step should be taken against
other person if he is sent up to the police; or
him according to the service rules.
(b) Shall have to be concluded within 60 working
days after receiving the preliminary information about commission of (7)After the submission of the report if the Tribunal is satisfied after
the offence or as the case may be investigation order from the reviewing the investigation concerned information that any person who
concerned officer or officer empowered him or by the Tribunal, if the is mentioned as the accused in the investigation report for/in the interest
accused is not caught red-handed in committing offence. of fair trial it is expedient to make him witness only than the Tribunal
(2)If the investigation is concluded within the period mentioned in sub- may direct to consider that person as the witness instead of accused.
section (1) without any reasonable ground then the investigating officer (8)If it appears to the Tribunal that any investigation officer has submitted the
writing the cause or reason will complete the investigation within the investigation report for exempting any person from the charge of any
subsequent 30 working days and he will inform his superior officer or, offence or has produced the accused as witness without collecting
as the case may be, the Tribunal that directed. applicable evidence for proving the offence or without considering or
(3)If the investigation is not concluded within the period mentioned in without the necessity of proof of the offence or without examining any
subsection (2), then the concerned investigating officer will inform in important/necessary witness then (the Tribunal) indicating that act or
writers his superior or the Tribunal that directed him within 24 hours negligence as inefficiency or, as the case may be, misconduct, the
after the expiry of the said period; Tribunal may direct the superior authority of that officer to take the
(4)After being informed about the investigation not to be proper steps/measures against that investigating officer.
concluded/completed the investigation under subsection (3), the
(9)On receiving application or on the basis of other information the Tribunal
superior officer or, as the case may be, the Tribunal that directed for
may direct the concerned authority to appoint any other investigating
investigation may transfer/transmit the responsibility of the
officer in place of/instead of any investigation officer.
investigation to any other officer and the responsibility of the
investigation is transferred a way then the officer in charge of the Sec. -1939: Cognizance of the offence.
investigation- (1) All the offences punishable under this Act be cognizable.

38 39
Substituted by section 8 of the Nari O Shishu Nirjatan Daman (Amendmend ) Ain ,2003 (Act No. Substituted by Section 9 of the Nari O Shushu Nirjatan Daman (Sangshodhan) Ain, 2003 (Act No.
XXX of 2003) XXX of 2003)
The Penal Code, 1860 225 226 The Penal Code, 1860
(2) According to the procession of subsection (3), any person involved in (8)41 The Tribunal will take the opinion and consider for the welfare and
committing offences is punishable under this Act who is main and protection of interest of the woman and child in case of giving order to
direct accused shall not be granted bail if- keep any woman and child in safe custody.
(a) No opportunity is given to the complainant (party) for hearing Sec.-21: Trial in the absence of the accused.
on the application for granting bail of him; and (1) If the Tribunal has reasonable grounds to believe that;
(b) The Tribunal is satisfied that there is reasonable ground to treat (a) The accused has absconded or is concealing himself so that he
him guilty of that allegation brought against him. can not be arrested and produced before it for trial; and
(3)If any person is woman or child or physically sick or infirm under (b) There is no immediate prospect of arresting him, it shall, by
subsection (2) in that case if the Tribunal is satisfied that for release order published in at least two Bangla daily newspapers having
him on bail fair trail will not be interrupted/ hindered then he may be wide circulation, direct such person to appear before it within such
released on bail. period as specified in the order, that shall not exceed 30dys, and if
(4)If the Tribunal is satisfied that it will be just to release any other person such person fails to appear the Tribunal, he shall be tried in his
accused for committing offence under this Act except the person absence.
mentioned in subsection (2) then writing the reasons about that the (2) Where in case after the production or appearance of an accused before the
Tribunal may release the concerned person on bail. Tribunal or his release on bail, the accused absconds or fails to appear,
Sec. -20: Procedure of trial. the procedure as laid down in subsection (1) shall not apply and the
(1) The trial of any offence under this Act only will be justifiable under the Tribunal competent to try such person for the offence complained of
Nari O Shishi Nirjatan Daman Tribunal constituted under section 25. shall, after recording its decision so to do try such person in his absence.
(2) If the hearing of a case is begun/begins in the Tribunal then without break Sec.-22: The power of taking statement at any place by a
that will continue on every working day till the termination/judgment Magistrate.
(3) The Tribunal shall complete/conclude the proceeding within 180 days (1) If any investigating Police officer or any person investigating any offence
from the date of receipt of the case for trial. of any person under this Act, at the time of catching any accused person
(4) If the proceeding of the case is not completed within the period under at the locus delecti things if necessary for expeditious trial of that
subsection (3) then the Tribunal may release the accused on bail and if offence the statement of a person acquainted with the facts or a person
the accused is not released on bail then the Tribunal will record the who has witnessed the facts of into writing immediately by a
reasons. Magistrate, then he may request to the first class Magistrate in writing
(5) If the Judge of any Tribunal is transferred without the finishing the or in any other was to note down the statement of that person;
proceeding of any case then the succeeding Judge will try the case form (2) The Magistrate mentioned in subsection (1) may take the statement of
what stage left by his predecessor and the examination taken by his that person at the locus delecti or in any other place and the statement
predecessor is not necessary to take again: taken in that way he may send to the investigating officer or person with
Provided that if the Judge is of opinion that further examination of any of the he investigation report for the production in the Tribunal.
the witness whose evidence has already been taken is necessary interest of (3) If the trial of any person accused of the offence under subsection (1)
justice he may resummon any such witness and may take the begins in a Tribunal and it appears that the evidence of the person given
examination/evidence again. statement under subsection (2) is necessary, but he is dead, or incapable
(6)40 The Tribunal may start the trial preceding of the offences under of giving evidence or impossible to find out him or his attendance
section 9 of in camera responses to the application or if it things fit by cannot be procured without an amount of delay, expense or
his own discretion Act. inconvenience which, under the circumstances of the case, would be
(7) If any child is convicted of committing offence under this Act then the unreasonable, the Tribunal can take that statement as evidence:
provision of the Children Act, 1974 shall have to be followed as far as Provided that only on the basis of the evidence of that witness the
possible. Tribunal cannot punish the accused.

40 41
Substituted by the section 10 of Nari O Shishu Nirjatan Daman (Amendment) Ain, 2003 (Act XXX Inserted by section 10 of the Nari O Shishu Nirjatan Daman (Amendment) Ain , 2003 (Act No.
of 2003) XXX of 2003)
The Penal Code, 1860 225 226 The Penal Code, 1860
Sec.-23: Evidence of chemical examiner, blood examiner, etc. Any (2) The Tribunal will be constituted by a Magistrate/Judge and the
Doctor, Chemical Examiner, Assistant Chemical Examiner, blood examiner, Government will appoint the Judge from among the District and Sessions
hand writing expert, fingers expert or fire arms expert appointed by the Judges.
Government and the report is given under his signature after examination and (3) If the Government considers if necessary then it may appoint any
analysis and during the proceeding concerning the offence any proceeding District and Sessions Judge as the Judge of the Tribunal in addition his duty.
under this Act, during the trial when his evidence is required he is dead or he (4) Under this section the District and Sessions Judge includes the
is incapable of giving evidence or he is not found out/traced out or his Additional District and Session Judge.
attendance cannot be procured without an amount of delay, expense or Sec.-27: Jurisdiction of the Tribunal. 42[(1) The Tribunal shall not take
inconvenience which, under the circumstances, then the report may be used cognizance of an offence except on a report in writing made by a Police
as evidence during the proceeding. officer not below the rank of Sub Inspector or by a person especially
Provided that only on the basis of that report the Tribunal can not punish empowered to that by general or special order of the Government.
the accused. (1A) If any complainant has failed after requesting to a police officer or
Sec.-24: Presence of the witness. empowered person under subsection (1) for taking cognizance of any offence,
(1)For the trial of any offence stated under this Act summons or warrant for if he produces this to the Tribunal with the affidavit then the Tribunal after
witness shall be forwarded for execution to the officer in charge of that examining that.-
police station where the witness, according to his last address, resides If the Tribunal is satisfied then it or any other person
and it shall be the responsibility of that officer in charge to procure the (a) Will direct any Magistrate for inquiry and the after the inquires the
attendance of the witness concerned before the Tribunal; person empowered for inquiry will submit the report to the Tribunal
(2)Notwithstanding the provisions of subsection (1) a copy of summons of (b) If the Tribunal is not satisfied then it will dismiss directly
witness shall be served to the concerned witness and the police super (1B) If the Tribunal is satisfied on receiving the report under subsection (1)
or Police commissioner of the concerned district, as the case may be, that
by registered post with acknowledgement due. (a) The complainant has failed after requesting to a police officer or any
(3)For willful negligence of the police officer concerned in execution a other empowered person under sub section (1) for and taking
summons or warrant of witness under this section, the Tribunal may cognizance of any offence there is preliminary evidence on behalf
regard the same as inefficiency of the concerned police officer and of the complaint then the Tribunal will take cognizance on the basis
may direct the controlling authority of that police officer to take of that report and complaint/allegation.
actions. (b) The complainant has failed after requesting a police officer or
Sec.-25: Application of the Code of Criminal Procedure, etc. empowered/authorized person under subsection (1) for taking
(1)Notwithstanding anything contained in any other law in case of cognizance of any offence, and there is no evidence/ document/ of
investigation trial and disposal of cases of any offence the Code of the complainant or no preliminary evidence is found in that case the
Criminal Procedure will be applied and the Tribunal will be treated as Tribunal wills annual/reject the complaint.
the Court of session and in any case of trial of any offence under this (1C) If the Tribunal thinks proper and necessary to take cognizance of the
Act or according that all the power of the Court of session will be concerned offence despite no recommendation for taking action of
applied. committing offence writing the cases about that person in the interest of
(2)Any person pleading the case on behalf of the compliant in the Tribunal justice then the Tribunal may take cognizance.]
will/shall be deemed to be a Public Prosecutor. 1. Any offence or a part of that offence has been committed in an area under
Sec.-26: The Prevention of violence/oppression against Women and the jurisdiction of which Tribunal or where the accused or in the case of
Children Tribunal.(1) Under this act these will be a Tribunal in every more than one, one of them has been found out, the area/place is under
District and if necessary the Government may constitute/establish more than the jurisdiction of which Tribunal, the report or complaint will be
and Tribunal in that District, and these Tribunals will be treated/considered as produced for taking cognizance of the offence in that Tribunal and the
the suppression of violence/oppression against women and children Tribunal. Tribunal will Try the offence.

42
Substituted by section 11 of the NSNDA 2003
The Penal Code, 1860 225 226 The Penal Code, 1860
2. If any offence is involved with any other offence in such a way under this give certificate about the medical examination of the concerned person
Act, in the interest of justice the trial of the both offences is necessary to and commission of such offence will inform to the local Thana.
try together or in one case, then the trial of the other offence will be tried (3) If any medical examination is not performed within the reasonable period
with the offence according to the provisions of this Act at a time in the under this Act, in this case, after reviewing the report with explanation
same Tribunal. about that report (matter the regulations/controlling authority or, as
Sec.-28: Appeal.The party aggrieved by any order, Judgment or case may he, the authority that ordered a person empowered from/ by
imposed sentence may appeal to the high Court Division within 60 days from him, Magistrate, Tribunal or any concerned authority if reaches in this
the date of passing of that order judgment or sentence. decision that the concerned Doctor is responsible for not performing
Sec.-29: Passing death sentence.If a Tribunal passes death sentence the medical examination in reasonable time, then that will be deemed
then the record of the concerned case shall be submitted forthwith to the High to be/ considered as inefficiency and misconduct and that inefficiency
Court Division in accordance with section 374 of the CrPC and the sentence and misconduct will be written in the annual confidential report and in
shall not be executed without the confirmation of that Division. the proper case steps will be taken according to his service rules and
the Tribunal may direct the appointing authority or, as the case may be,
Sec.-30: Punishment for abetment in committing offence.If any
proper/appropriate authority to take proper steps against the concerned
person abets by instigating or abetting another person to commit an offence
Doctor.
punishable under his Act and in consequence of abetment that offence is
committed or is attempted to commit, the person so abetting shall be punished Sec.-33: Power to make rules.The Government may, by notification in
with the some punishment as is provided for the offence abetted. the Official Gazette, make rules for carrying out the purposes of this Act.
Sec.-31: Safe custody.If the Tribunal considers that, during trial Sec.-34: Repeal and savings of the Act XVIII of 1995.
proceeding, it is necessary to keep any woman or child in the safe custody, (1) The Women and Children Oppression (Special Enactment) Act, 1995, is
then the Tribunal may direct to keep that woman or child in the custody of the hereby repealed.
Government Authority outside the jail in the place for that purpose prescribed
by the Government or under the custody of any other person or organization (2) All the pending cases and Appeals against the order, judgment or
punishment immediately before the commencement of this Act, shall
considered proper by the Tribunal.
be tried and disposed of by such Tribunal and Court as if the said Act,
Sec.-31A43: Accountability of the Tribunal .(1) If the case is not had not been repealed.
completed /concluded within the period mentioned in subsection (3) of the
section 20,then the Tribunal writing the grounds /reasons of that case will (3) In which cases the report or complaint or charge sheet has been submitted
submit a report to the Supreme Court within 30 days, a copes of that report or the case is under investigation, those case will be treated as the case
will have to send to the Government. traible under subsection (2)
(2) In the same case the public prosecutor and the concerned police officer (4) The Nari O Shishu Nirjatan Daman Bishesh Adalat (The Special Court of
will submit a report the Government writing the cause/reason and a copy of Prevention of Violence against Women and Children) Constituted
that report will have to send to the Supreme Court. under that Act will be treated as the Tribunal and the cases mentioned
(3) After reviewing the report produced/submitted under subsection (1) or in that Act may be disposed of under subsection (2).
(2) the appropriate authority will take step against the accused for not
completing the case (against the person).
Sec.-32: Medical Examination of the victim. 2. The Special Powers Act, 1974
(1) The medical examination of the victim may be performed in the public (ACT NO. XIV OF 1974).
hospital or private hospital authorized by the Government. [9th February, 1974]
(2) If the victim of any offence is brought to a hospital under subsection 1
then the Doctor on duty will perform the examination quickly and will
An Act to provide for special measures for the prevention of certain
43
Inserted by section 12 of the Nari O Shishu Nirjatan Daman (Sangshodhan) Ain,2003(Act No.XXX prejudicial activities, for more speedy trial and effective punishment of
of 2003) certain grave offences and for matters connected therewith.
The Penal Code, 1860 225 226 The Penal Code, 1860
Sec.-3. Power to make orders detaining or removing certain
WHEREAS it is expedient to provide for special measures for the persons.(1) The Government may, if satisfied with respect to any person
prevention of certain prejudicial activities, for more speedy trial and effective that with a view to preventing him from doing any prejudicial act it is
punishment of certain grave offences and for matters connected therewith; necessary so to do, make an order-
It is hereby enacted as follows: (a) directing that such person be detained;
Sec.-1. Short title.This Act may be called the Special Powers Act, (b) directing him to remove himself from Bangladesh in such manner,
1974. before such time and by such route as may be specified in the order:
Sec.-2. Definitions.In this Act, unless there is anything repugnant in Provided that no order of removal shall be made in respect of any citizen
the subject or context,- of Bangladesh.
(a) “Code” means the Code of Criminal Procedure, 1898 (V of 1898); (2) Any District Magistrate or Additional District Magistrate may, if
(b) “dealing in the black-market” means selling or buying anything for satisfied with respect to any person that with a view to preventing him from
purposes of trade at a price higher than the maximum price fixed by or doing any prejudicial act within the meaning of section 2(f) (iii), (iv), (v),
under any law, or, otherwise than in accordance with any law,- (vi), (vii) or (viii) it is necessary so to do, make an order directing that such
(i) selling, bartering, exchanging, supplying or disposing of articles person be detained.
rationed by or under any such law; or (3) When any order is made under sub-section (2), the District Magistrate
(ii) using or dealing with any licence, permit or ration document issued or the Additional District Magistrate making the order shall forthwith report
by or under any such law; the fact to the Government together with the grounds on which the order has
(c) “detention order” means an order of detention made under section 3; been made and such other particulars as, in his opinion, have a bearing on the
44
[* * *] matter, and no such order shall remain in force for more than thirty days after
(e) “hoarding” means stocking or storing anything in excess of the the making thereof unless in the meantime it has been approved by the
maximum quantity of that thing allowed to be held in stock or storage Government.
at any one time by any person by or under any law; (4) If any person fails to remove himself from Bangladesh in accordance
(f) “prejudicial act” means any act which is intended or likely- with the direction of an order made under sub-section (1) (b), then, without
(i) to prejudice the sovereignty or defence of Bangladesh; prejudice to the provisions of sub-section (5), he may be so removed by any
(ii) to prejudice the maintenance of friendly relations of Bangladesh with police officer or by any person authorised by the Government in this behalf.
foreign states; (5) If any person contravenes any order made under sub-section (1) (b), he
(iii) to prejudice the security of Bangladesh or to endanger public safety shall be punishable with imprisonment for a term which may extend to three
or the maintenance of public order; years, or with fine, or with both.
(iv) to create or excite feelings of enmity or hatred between different Sec.-4. Execution of detention orders.A detention order may be
communities, classes or sections of people; executed at any place in Bangladesh in the manner provided for the execution
(v) to interfere with or encourage or incite interference with the of warrants of arrest under the Code.
administration of law or the maintenance of law and order; Sec.-5. Power to regulate place and conditions of detention. Every
(vi) to prejudice the maintenance of supplies and services essential to the person in respect of whom a detention order has been made shall be liable-
community; (a) to be detained in such place and under such conditions, including
(vii) to cause fear or alarm to the public or to any section of the public; conditions as to discipline and punishment for breaches of discipline, as the
(viii) to prejudice the economic or financial interests of the State; Government may, by general or special order specify; and
45
[ * * *] (b) to be removed from one place of detention to another place of
(h) “prescribed” means prescribed by rules made under this Act. detention by order of the Government.
Sec.-6. Detention orders not to be invalid or inoperative on certain
grounds.No detention order shall be invalid or inoperative merely by
44
Clause (d) was omitted by section 2 of the Special Powers (Amendment) Act, 1991 (Act No. XVIII reason that the person to be detained there under is outside the limits of the
of 1991) territorial jurisdiction of the Government or the District Magistrate or
45
Clause (g) was omitted by section 2 of the Special Powers (Amendment) Act, 1991 (Act No. XVIII
of 1991)
The Penal Code, 1860 225 226 The Penal Code, 1860
Additional District Magistrate making the order, or that the place of detention the service of the Republic, and such persons shall be appointed by the
of such person is outside the said limits. Government.
Sec.-7. Powers in relation to absconding persons.If the Government (3) The Government shall appoint one of the members of the Advisory
or a District Magistrate or an Additional District Magistrate mentioned in Board who is, or has been, or is qualified to be appointed as, a Judge of the
section 3(2), as the case may be, has reason to believe that a person in respect High Court to be its Chairman.
of whom a detention order has been made has absconded or is concealing Sec.-10. Reference to Advisory Board.In every case where a detention
himself so that the order cannot be executed, it or he may- order has been made under this Act, the Government shall, within one
(a) make a report in writing of the fact to a Magistrate of the first class hundred and twenty days from the date of detention under the order, place
having jurisdiction in the place where the said person ordinarily resides; and before the Advisory Board constituted under section 9 the grounds on which
thereupon the provisions of sections 87, 88 and 89 of the Code shall apply in the order has been made and the representation, if any, made by the person
respect of the said person and his property as if the order directing that he be affected by the order.
detained were a warrant issued by the Magistrate; Sec.-11. Procedure of Advisory Board.(1) The Advisory Board shall,
(b) by order notified in the official Gazette direct the said person to appear after considering the materials placed before it and calling for such further
before such officer, at such place, and within such period as may be specified information as it may deem necessary from the Government or from the
in the order; and if the said person fails to comply with such direction he person concerned and after affording the person concerned an opportunity of
shall, unless he proves that it was not possible for him to comply therewith being heard in person, submit its report to the Government within one
and that he had, within the period specified in the order, inform the officer of hundred and seventy days from the date of detention.
the reason which rendered compliance therewith impossible and of his (2) The report of the Advisory Board shall specify in a separate part
whereabouts, be punishable with imprisonment for a term which may extend thereof the opinion of the Advisory Board as to whether or not there is
to one year, or with fine, or with both. sufficient cause for the detention of the person concerned.
Sec.-8. Communication of grounds of order.(1) In every case where (3) When there is a difference of opinion among the members of the
an order has been made under section 3, the authority making the order shall, Advisory Board, the opinion of the majority of such members shall be
as soon as may be, but subject to the provisions of sub-section (2), deemed to be the opinion of the Board.
communicate to the person affected thereby the grounds on which the order (4) Nothing in this section shall entitle any person against whom a
has been made to enable him to make a representation in writing against the detention order has been made to appear by any legal practitioner in any
order, and it shall be the duty of such authority to inform such person of his matter connected with the reference to the Advisory Board, and the
right of making such representation and to afford him the earliest opportunity proceedings of the Advisory Board and its report, excepting that part of the
of doing so: report in which the opinion of the Advisory Board is specified, shall be
Provided that nothing in this section shall require the authority to disclose confidential.
the facts which it considers to be against the public interest to disclose. Sec.-12. Action upon the report of Advisory Board.(1) In any case
(2) In the case of a detention order, the authority making the order shall where the Advisory Board has reported that there is, in its opinion, sufficient
inform the person detained under that order of the grounds of his detention at cause for the detention of a person, the Government may confirm the
the time he is detained or as soon thereafter as is practicable, but not later detention order and continue the detention of the person concerned for such
than fifteen days from the date of detention. period as it thinks fit:
Sec.-9. Constitution of Advisory Board.(1) The Government shall, Provided that the Advisory Board shall, after affording the person
whenever necessary, constitute an Advisory Board for the purposes of this concerned an opportunity of being heard in person, review such detention
Act. order, unless revoked earlier, once in every six months from the date of such
(2) The Advisory Board shall consist of three persons, of whom two shall detention order and the Government shall inform the person concerned of the
be persons who are, or have been, or are qualified to be appointed as, Judges result of such review.
of the [High Court]46 and the other shall be a person who is a senior officer in (2) In any case where the Advisory Board has reported that there is, in its
opinion, no sufficient cause for the detention of the person concerned, the
Government shall revoke the detention order and cause the person to be
46
The words “High Court” were substituted for the words “Supreme Court” by section 2 of the Special released forthwith.
Powers (Amendment) Ordinance, 1976 (Ordinance No. LXXIX of 1976)
The Penal Code, 1860 225 226 The Penal Code, 1860
Sec.-13. Revocation of detention orders.A detention order may, at any either to Government or to any public authority or to any person, to do, as
time, be revoked or modified by the Government. they apply to the doing of any act by a person.
Sec.-14. Temporary release of persons detained.(1) The Government (3) If any person contravenes any of the provisions of this section, he shall
may, at any time, direct that any person detained in pursuance of a detention be punishable with death, or with imprisonment for life, or with rigorous
order may be released for any specified period either without conditions or imprisonment for a term which may extend to fourteen years, and shall also
upon such conditions specified in the direction as that person accepts, and be liable to fine.
may, at any time, cancel his release. Sec.-16. Omitted [Prohibition of prejudicial acts, etc.- Omitted by section
(2) In directing the release of any person under sub-section (1), the 3 of the Special Powers (Amendment) Act, 1991 (Act No. XVIII of 1991).]
Government may require him to enter into a bond, with or without sureties, Sec.-17. [Proscription, etc., of certain documents.- Omitted by section 3
for the due observance of the conditions specified in the direction. of the Special Powers (Amendment) Act, 1991 (Act No. XVIII of 1991).]
(3) Any person released under sub-section (1) shall surrender himself at Sec.-18. [Regulation of publication of certain matters.- Omitted by
the time and place, and to the authority, specified in the order directing his section 3 of the Special Powers (Amendment) Act, 1991 (Act No. XVIII of
release or cancelling his release, as the case may be. 1991).]
(4) If any person fails without sufficient cause to surrender himself in the Sec.-19. Control of subversive associations.(1) Notwithstanding
manner specified in sub-section (3), he shall be punishable with anything contained in any other law for the time being in force, where the
imprisonment for a term which may extend to two years, or with fine, or with Government is satisfied with respect to any association that there is danger
both. that the association may act in a manner or be used for purposes prejudicial to
(5) If any person released under sub-section (1) fails to fulfil any of the the maintenance of public order it may, after hearing the person or persons
conditions imposed upon him under the said sub-section or in the bond concerned, by order notified in the official Gazette, direct the association to
entered into by him, the bond shall be declared to be forfeited and any person suspend its activities for such period not exceeding six months as may be
bound thereby shall be liable to pay the penalty thereof. specified in the order.
Sec.-15. Sabotage.(1) No person shall do any act with intent to impair (2) Where an order under sub-section (1) is in force in respect of an
the efficiency or impede the working of, or to cause damage to,- association, any officer authorised by the Government in this behalf may
(a) any building, vehicle, machinery, apparatus or other property used, or enter upon and search any premises used for the purposes of the association
intended to be used, for the purposes of the Government or of any local and take possession of any document belonging to or in the custody of the
authority or nationalised commercial or industrial undertaking ; association which, in his opinion, may be used for purposes prejudicial to the
(b) any railway, aerial ropeway, road, canal, bridge, culvert, causeway, maintenance of public order.
port, dockyard, light-house, aerodrome, telegraph or telephone line or post, or (3) Where an order has been made in respect of an association under sub-
television or wireless installation; section (1), the Government may, by order notified in the official Gazette,
(c) any rolling-stock of any railway or any vessel or aircraft; direct that no funds or other property of the association shall be used,
(d) any building or other property used in connection with the production, transferred or otherwise disposed of, or in any way dealt with, so long as the
distribution or supply of any essential commodity, any sewage works, mine or order under sub-section (1) remains in force.
factory ; (4) Where an order under sub-section (3) has been made in respect of an
(e) any place or area prohibited or protected under this Act or any other association, all claims of the employees or creditors of the association, or any
law for the time being in force 47[ ; or] other person, on the association or on the funds or property thereof, shall
48
[(f) any jute, jute product, jute go down, jute mill or jute bailing press.] remain suspended, and the commencement or continuance of all actions and
(2) The provisions of sub-section (1) shall apply in relation to any proceedings relating to such claim shall be stayed, for so long as the order
omission on the part of any person to do anything which he is under a duty, remains in force.
(5) For the purposes of any suit, appeal or application by or against an
association in respect of which an order under sub-section (3) has been made,
47 the period during which the order remains in force shall, notwithstanding
The semi-colon and word “; or” were substituted for the full stop (.) by section 2 of the Special
Powers (Amendment) Act, 1974 (Act No. LIX of 1974) anything contained in the Limitation Act, 1908 (IX of 1908), be excluded
48
Clause (f) was inserted by section 2 of the Special Powers (Amendment) Act, 1974 (Act No. LIX of in computing the period of limitation.
1974)
The Penal Code, 1860 225 226 The Penal Code, 1860
(6) No person shall so long as an order under sub-section (1) in respect of (3) Where in pursuance of sub-section (2) any person is granted
any association remains in force- permission to enter, or to be on or in, or to pass over, a protected place, the
(a) manage or assist in managing the association ; person shall, while acting under such permission, comply with such orders for
(b) promote or assist in promoting a meeting of any members of the regulating his conduct as may be given by the Government.
association, or attend any such meeting in any capacity ; Sec.-22. Protected areas.(1) If the Government considers it necessary
(c) publish any notice or advertisement relating to any such meeting ; in the public interest to regulate the entry of persons into any area, it may,
(d) invite persons to support the association ; or without prejudice to any other provision of this Act, by order declare the area
(e) otherwise in any way assist the operation of the association. to be a protected area; and thereupon, for so long as the order is in force, such
(7) A copy of an order under this section shall be served on the president, area shall be a protected area for the purposes of this Act.
chairman, secretary or other officer or person concerned with the (2) On and after such day as may be specified in, and subject to any
management of the affairs of the association by whatever name called, or by exemptions for which provisions may be made by, an order made under sub-
leaving it or sending it by post to the association at the last known address of section (1), no person, who was not at the beginning of the said day resident
its principal office. in the area declared to be a protected area by the said order, shall be therein
(8) If any person contravenes an order made under this section, he shall except in accordance with the terms of a permit granted to him by an
be punishable with imprisonment for a term which may extend to three years, authority or person specified in the said order.
or with fine, or with both. Sec.-23. Enforcement of the provisions of sections 21 and 22.(1)
(9) In this section, “association” includes a union or political party. Any police officer, or any other person authorised in this behalf by the
Sec.-20. Prohibition of formation of certain associations or Government, may search any person entering or seeking to enter, or being on
unions.(1) No person shall form, or be a member or otherwise take part in or in, or leaving, a protected place or protected area, and any vehicle, vessel,
the activities of, any communal or other association or union which in the animal or article brought in by such person, and may, for the purpose of the
name or on the basis of any religion has for its object, or pursues, a political search, detain such person, vehicle, vessel, animal or article:
purpose. Provided that no woman shall be searched in pursuance of this sub-
(2) Where the Government is satisfied that an association or union has section except by a woman.
been formed or is operating in contravention of the provisions of sub-section (2) If any person is in a protected place or protected area in contravention
(1), it may, after hearing the person or persons concerned, declare, by of the provisions of section 21 or, as the case may be, 22, then, without
notification in the official Gazette, that the association or union has been prejudice to any other proceedings which may be taken against him, he may
formed or is operating in contravention of the provisions of sub-section (1), be removed therefrom by or under the direction of any police officer or by
and upon such declaration, the association or union concerned shall stand any other person authorised in this behalf by the Government.
dissolved and all its properties and funds shall be forfeited to Government. (3) If any person is in a protected place or protected area in contravention
(3) Any person who, after the dissolution of an association or union of any of the provisions of section 21 or, as the case may be, 22, he shall be
under sub-section (2), holds himself out as a member or office-bearer of that punishable with imprisonment for a term which may extend to three years, or
association or union, or acts for, or otherwise takes part in the activities of, with fine, or with both.
that association or union, shall be punishable with imprisonment for a term Sec.-24. Curfew.(1) The District Magistrate or the Police
which may extend to three years, or with fine, or with both. Commissioner in a Metropolitan Area may, subject to the control of the
Sec.-21. Protected places.(1) If as respects any place or class of Government, by order direct that, subject to any exemption specified in the
places the Government considers it necessary in the public interest that order, no person present within any area or areas specified in the order shall,
special precautions should be taken to prevent the entry of unauthorised between such hours as may be specified in the order, be out of doors except
persons, it may, by order, declare that place or, as the case may be, every under the authority of a written permit granted by a specified authority or
place of that class to be a protected place; and thereupon, for so long as the person.
order remains in force, such place or every place of such class, as the case (2) If any person contravenes any order made under this section, he shall
may be, shall be a protected place for the purposes of this Act. be punishable with imprisonment for a term which may extend to one year, or
(2) No person shall, without the permission of the Government, enter, or with fine, or with both.
be on or in, or pass over, any protected place.
The Penal Code, 1860 225 226 The Penal Code, 1860
Sec.-25. Penalty for hoarding or dealing in black-market. (1) (b) brings into Bangladesh any goods, shall be punishable with death, or
Whoever is found guilty of the offence of hoarding or dealing in the black- with imprisonment for life, or with rigorous imprisonment for a term which
market shall be punishable with death, or with imprisonment for life, or with may extend to fourteen years and shall not be less than two years, and shall
rigorous imprisonment for a term which may extend to fourteen years, and also be liable to fine.
shall also be liable to fine: (2) Whoever sells, or offers or displays for sale, or keeps in his possession
Provided that if, in the case of an offence of hoarding, the person accused or under his control for the purpose of sale, any goods the bringing of which
of such offence proves that he was hoarding for purposes other than gain, into Bangladesh is prohibited by or under any law for the time being in force
whether financial or otherwise, he shall be punishable with imprisonment for shall be punishable with imprisonment for a term which may extend to seven
a term which may extend to three months, and shall also be liable to fine. years and shall not be less than one year, and shall also be liable to fine.
(2) A court convicting an offence of hoarding or dealing in the black- Explanation.For the purposes of this sub-section, if any such goods are
market shall order the forfeiture to Government of anything in respect of found in any premises used for any purpose other than for residential purpose,
which the offence was committed. it shall be presumed that such goods have been kept in the possession of the
(3) [Omitted by section 3 of the Special Powers (Amendment) Act, 1987 owner or occupier or, where the premises have been let out, the occupier, of
(Act No. XVII of 1987).] such premises for the purpose of sale and the burden shall lie on such owner
Sec.-25A. Penalty for counterfeiting currency-notes and Government or occupier to prove that he did not keep such goods in such premises or that
stamps.Whoever- such goods were not kept for the purpose of sale or that such goods were
(a) counterfeits, or knowingly performs any part of the process of brought into Bangladesh at the time when the bringing of such goods were
counterfeiting any currency-note or Government stamp; or not prohibited by or under any law.
(b) sells to, or buys or receives from, any person, or otherwise traffics in or Sec.-25C. Penalty for adulteration of, or sale of adulterated food,
uses as genuine, any counterfeit currency-note or Government stamp, drink, drugs or cosmetics.(1) Whoever-
knowing or having reason to believe the same to be counterfeit; or (a) adulterates any article of food or drink, so as to make such article
(c) makes, or performs any part of the process of making, or buys or sells noxious as food or drink, intending to sell such article as food or drink, or
or disposes of, or has in his possession, any machinery, instrument or knowing it to be likely that the same will be sold as food or drink; or
material for the purposes of being used, or knowing or having reason (b) sells, or offers or exposes for sale, as food or drink, any article which
to believe that it is intended to be used, for counterfeiting any has been rendered or has become noxious, or is in a state unfit for food or
currency-note or Government stamp, shall be punishable with death, or drink, knowing or having reason to believe that the same is noxious as food
with 49[imprisonment for life], or with rigorous imprisonment for a or drink; or
term which may extend to fourteen years, and shall also be liable to (c) adulterates any drug or medical preparation in such a manner as to
fine. lessen the efficacy or change the operation of such drug or medical
Explanation. In this section,- preparation, or to make it noxious, intending that it shall be sold or used for,
(a) “counterfeit” has the meaning assigned to it in the Penal Code (XLV of or knowing it to be likely that it will be sold or used for, any medical purpose,
1860); and as if it had not undergone such adulteration; or
(b) “Government stamp” means any stamp issued by the Government for (d) knowing any drug or medical preparation to have been adulterated is
the purpose of revenue. such a manner as to lessen its efficacy, to change its operation, or to render it
Sec.-25B. Penalty for smuggling.(1) Whoever, in breach of any noxious, sells the same, or offers or exposes it for sale, or issues it from any
prohibition or restriction imposed by or under any law for the time being in dispensary for medical purposes as unadulterated, or causes it to be used for
force, or evading payment of customs duties or taxes livable thereon under medical purposes by any person not knowing of the adulteration; or
any law for the time being in force, (e) knowingly sells, or offers or exposes for sale, or issues from a
(a) takes out of Bangladesh jute, gold or silver bullion, manufactures of dispensary for medical purposes, any drug or medical preparation, as a
gold or silver, currency, articles of food, drugs, imported goods, or any other different drug or medical preparation, shall be punishable with death, or with
goods; or imprisonment for life, or with rigorous imprisonment for a term which may
extend to fourteen years, and shall also be liable to fine.
49
The words “imprisonment for life” were substituted for the words “transportation for life” by section (2) Whoever-
4 of the Special Powers (Amendment) Act, 1987 (Act No. XVII of 1987)
The Penal Code, 1860 225 226 The Penal Code, 1860
(a) adulterates any hair oil, toilet soap or other cosmetic in such a manner (2) Proceedings in respect of an offence triable under this Act alleged to
as to make it harmful to hair, skin, complexion or any part of the body, have been committed by any person may be taken before any Special
intending that it shall be sold or used for, or knowing it to be likely that it will Tribunal having jurisdiction in the place where that person is for the time
be sold or used for, any cosmetic purpose; or being or where the offence or any part thereof was committed.
(b) knowing any hair oil, toilet soap or other cosmetic to have been (3) A Special Tribunal may sit at such times and places as it deems fit or
adulterated in such a manner as to make it harmful to hair, skin, complexion as the Government may direct.
or any part of the body, sells the same, or offers or exposes it for sale, as (4) A Special Tribunal trying an offence under this Act shall try such
adulterated, shall be punishable with rigorous imprisonment for a term which offence summarily and in trying such offence such Special Tribunal shall
may extend to five years, and shall also be liable to fine. follow the procedure laid down in the Code for summary trial of summons
Sec.-25D. Penalty for attempt, etc.Whoever attempts or conspires or cases.
makes preparation to commit or abets any offence punishable under this Act (5) A Special Tribunal shall not adjourn any trial for any purpose unless
shall be punishable with the punishment provided for the offence. such adjournment is, in its opinion, necessary in the interest of justice.
Sec.-25E. Offences by companies.Where an offence under section 25, (6) Where a Special Tribunal has reason to believe that an accused person
25A, 25B, 25C or 25D is committed by a firm, company or other body has absconded or is concealing himself so that he cannot be arrested and
corporate, every partner, director, manager, secretary or other officer or agent produced before it for trial and there is no immediate prospect of arresting
thereof shall, if actively concerned in the conduct of the business of such him, it shall, by order published in at least two Bengali daily newspapers
firm, company or body corporate, be deemed to have committed the offence having wide circulation, direct such person to appear before it within such
unless he proves that the offence was committed without his knowledge or period as may be specified in the order, and if such person fails to comply
that he exercised all due diligence to prevent the commission of the offence. with such direction, he shall be tried in his absence.
Sec.-26. Offences under this Act and certain other offences to be tried (6A) Where in a case after the production or appearance of an accused
by Special Tribunals.(1) Notwithstanding anything contained in the Code person before the Tribunal or his release on bail, the accused person absconds
or in any other law for the time being in force, the offences specified in the or fails to appear before it, the procedure as laid down in sub-section (6) shall
Schedule to this Act shall be triable exclusively by a Special Tribunal not apply and the Tribunal shall, after recording its decision so to do, try such
constituted under sub-section (2). person in his absence.
(2) Every Sessions Judge, Additional Sessions Judge and Assistant (7) A Special Tribunal may, on application or of its own motion, direct a
Sessions Judge shall, for the areas within his sessions division, be a Special police officer to make further investigation in any case relating to an offence
Tribunal for the trial of offences triable under this Act: triable under this Act and report within such time as may be specified by it.
Provided that the Government may, for the purpose of trial of offences Sec.-28. Powers of Special Tribunals.Notwithstanding anything
mentioned in paragraphs 3 and 4 of the Schedule to this Act, constitute one or contained in the Code or in any other law for the time being in force,-
more additional Special Tribunals for such areas as may be specified by the (a) a Special Tribunal consisting of a Sessions Judge, an Additional
Government and an additional Special Tribunal so constituted shall consist of Sessions Judge or an Assistant Sessions Judge may pass upon any person
one member, to be appointed by the Government, who shall be a person who convicted by it any sentence authorised by law for the punishment of the
is a Metropolitan Magistrate or a Magistrate of the first class. offence of which such person is convicted;
(3) A Special Tribunal consisting of the Sessions Judge may transfer, at (b) a Special Tribunal consisting of a Metropolitan Magistrate or a
any stage of the trial, any case from one Special Tribunal to another Special Magistrate of the first class may pass upon any person convicted by it any
Tribunal within his sessions division. sentence authorised by law for the punishment of the offence of which such
Sec.-27. Procedure of Special Tribunals.(1) Notwithstanding anything person is convicted except death, imprisonment for life or imprisonment for a
contained in the Code or in any other law for the time being in force, a term exceeding seven years and fine exceeding ten thousand taka.
Special Tribunal may take cognizance of an offence triable under this Act Sec.-29. Application of the Code to proceedings of Special
without the accused being committed to it for trial, but shall not take Tribunals.The provisions of the Code, so far only as they are not
cognizance of any such offence except on a report in writing made by a police inconsistent with the provisions of this Act, shall apply to the proceedings of
officer not below the rank of Sub-Inspector. Special Tribunals, and such Special Tribunals shall have all the powers
conferred by the Code on a Court of Session exercising original jurisdiction,
The Penal Code, 1860 225 226 The Penal Code, 1860
and a person conducting prosecution before such Special Tribunals shall be proceeding shall lie against the Government or any person for anything in
deemed to be a public prosecutor. good faith done or intended to be done under this Act.
Sec.-30. Appeals and confirmation of death sentences.(1) An appeal Sec.-34A. Execution of death sentences.When a person is sentenced
from any order, judgment or sentence of a Special Tribunal may be preferred to death under this Act, the sentence may be executed by hanging him by the
to the High Court Division within thirty days from the date of delivery or neck till he is dead or by shooting him in the prescribed manner till he is dead
passing thereof. as the Special Tribunal may direct.
(2) Where a Special Tribunal passes a sentence of death, the proceedings Sec.-34B. Act to over-ride all other laws.The provisions of this Act
shall be submitted forthwith to the High Court Division and the sentence shall shall have effect notwithstanding anything inconsistent therewith contained in
not be executed unless it is confirmed by that Division. the Code or in any other law for the time being in force.
Sec.-30A. Power of Government to remit, suspend or commute any Sec.-35. Power to make rules.The Government may make rules for
sentence.Without prejudice to the provisions of Chapter XXIX of the carrying out the purposes of this Act.
Code, the Government may at any time remit, suspend or commute any Sec.-36. Repeals and savings.(1) The Security Act, 1952 (XXXV of
sentence passed by Special Tribunal under this Act. 1952), the Public Safety Ordinance, 1958 (E. P. Ord. LXXVIII of 1958), and
Sec.-31. Bar on trial de-novo.A Special Tribunal, unless it otherwise the Bangladesh Scheduled Offences (Special Tribunal) Order, 1972 (P. O. No.
decides, shall not be bound to recall or re-hear any witness whose evidence 50 of 1972), are hereby repealed.
has already been recorded, or to re-open proceedings already held, but may (2) Notwithstanding such repeal,-
act on the evidence already produced or recorded and continue the trial from
the stage which the case has reached. (a) any order or rule made or anything done or any action taken or any
proceeding commenced under any provision of the Security Act, 1952
Sec.-32. Offences to be cognizable and non-bailable.
(XXXV of 1952), or the Public Safety Ordinance, 1958 (E. P. Ord. LXXVIII
Notwithstanding anything contained in the Code or in any other law for the
of 1958), shall, in so far as it is not inconsistent with the provisions of this
time being in force,-
Act, be deemed to have been made, done, taken or commenced under the
(a) all offences triable under this Act shall be cognizable ; and
50 corresponding provisions of this Act ;
[* * *]
(c) no person accused or convicted of an offence triable under this Act (b) all cases pending before any Special Magistrate or Special Tribunal
shall, if in custody, be released on bail or on his own bond unless- appointed or constituted or deemed to be appointed or constituted under the
(i) the prosecution has had opportunity of being heard in respect of the Bangladesh Scheduled Offences (Special Tribunal) Order, 1972 (P. O. No. 50
application for such release; and of 1972), immediately before the commencement of this Act shall be tried
(ii) where the prosecution opposes the application, the Magistrate, Special and disposed of by such Special Magistrate or Special Tribunal, and all
Tribunal or Court is satisfied that there are reasonable grounds for believing matters in connection with such cases shall be regulated in accordance with
that the accused is not guilty of the offence. the provisions of the said Order, as if the said Order had not been repealed by
Sec.-33. Report by police officer to Government.A police officer this Act.
making an arrest in connection with an offence triable under this Act shall,
immediately after producing the person arrested before the nearest
Magistrate, send a copy to the Government of the report submitted by him to
the Magistrate relating to such arrest through such officer as the Government
may, by general or special order, direct.
Sec.-34. Bar on jurisdiction of Courts.Except as provided in this Act,
no order made, direction issued, or proceeding taken under this Act, or
purporting to have been so made, issued or taken, as the case may be, shall be
called in question in any Court, and no suit, prosecution or other legal

50
Clause (b) was omitted by section 4 of the Special Powers (Amendment) Ordinance, 1977
(Ordinance No. XL of 1977)