1THE PENAL CODE, 1860
(ACT NO. XLV OF 1860).
[6th October, 1860]
CHAPTER I
INTRODUCTION
Preamble
WHEREAS it is
expedient to provide a general Penal Code for Bangladesh; It is enacted as
follows:-
Title and extent of operation of the Code
1. This Act shall be
called the 2[ Penal Code], and shall take effect throughout Bangladesh.
Punishment
of offences committed within Bangladesh
2. 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.
Punishment of offences committed beyond, but which by
law may be tried within Bangladesh
3. Any person
liable, by any Bangladesh Law, to be tried for an offence committed beyond Bangladesh
shall be dealt with according to the provisions of this Code for any act
committed beyond Bangladesh in the same manner as if such act had been
committed within Bangladesh.
Extension of Code to extra-territorial offences
4. The provisions of
this Code apply also to any offence committed by-
(1) any citizen of
Bangladesh in any place without and beyond Bangladesh;
(2) [Omitted by
Article 2 and Schedule of the Central Laws (Adaptation) Order, 1961.]
(3) [Omitted by
section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration)
Act, 1973 (Act No. VIII of 1973).]
(4) any person on
any ship or aircraft registered in Bangladesh wherever it may be.
Explanation.-In this
section the word "offence" includes every act committed outside Bangladesh
which, if committed in Bangladesh, would be punishable under this Code.
Illustrations
(a) A, a Bangladesh
subject, commits a murder in Uganda. He can be tried and convicted of murder in
any place in Bangladesh in which he may be found.
(b) B, a European
British subject, commits a murder in 3[ Rangpur]. He can be tried and convicted
of murder in any place in Bangladesh in which he may be found.
(c) C, a foreigner
who is in the service of the Bangladesh Government, commits a murder in 4[
Khulna]. He can be tried and convicted of murder at any place in Bangladesh in
which he may be found.
(d) D, a British
subject living in 5[Khulna], instigates E to commit a murder in 6[Chittagong]. D
is guilty of abetting murder.
Certain laws not to be affected by this Act
5. Nothing in this
Act is intended to repeal, vary, suspend, or affect 7[ * * *] any of the
provisions of any Act for punishing mutiny and desertion of officers, soldiers,
sailors or airmen in the service of the 8[ Republic], or of any special or
local law.
CHAPTER II
GENERAL EXPLANATIONS
Definitions in the Code to be understood subject to
exceptions
6. Throughout this
Code every definition of an offence, every penal provision and every
illustration of every such definition or penal provision, shall be understood
subject to the exceptions contained in the chapter entitled "General
Exceptions," though those exceptions are not repeated in such definition,
penal provision or illustration.
Illustrations
(a) The sections in
this Code, which contain definitions of offences, do not express that a child
under seven years of age cannot commit such offences; but the definitions are
to be understood subject to the general exception which provides that nothing
shall be an offence which is done by a child under seven years of age.
(b) A, a police
officer, without warrant, apprehends Z who has committed murder. Here A is not
guilty of the offence of wrongful confinement; for he was bound by law to
apprehend Z, and therefore the case falls within the general exception which
provides that "nothing is an offence which is done by a person who is
bound by law to do it".
Sense of expression once explained
7. Every expression
which is explained in any part of this Code is used in every part of this Code
in conformity with the explanation.
Gender
8. The pronoun
"he" and its derivatives are used of any person, whether male or
female.
Number
9. Unless the
contrary appears from the context, words importing the singular number include
the plural number, and words importing the plural number include the singular
number.
“Man” “Woman”
10. The word “man”
denotes a male human being of any age: the word “woman” denotes a female human
being of any age.
“Person”
11. The word
“person” includes any Company or Association, or body of persons, whether
incorporated or not.
“Public”
12. The word
“public” includes any class of the public or any community.
[Omitted]
13. [Omitted by
Article 2 and Schedule of the Central Laws (Adaptation) Order, 1961.]
“Servant of the State”
14. The words 9[
Servant of the Republic] denote all officers or servant, continued, appointed
or employed in Bangladesh by or under the authority of the Government.
[Repealed]
15. [Repealed by the
Government of India (Adaptation of Indian Laws) Order, 1937.]
[Repealed]
16. [Repealed by the
Government of India (Adaptation of Indian Laws) Order, 1937.]
“Government”
17. The word
“Government” denotes the person or persons authorized by law to administer
executive Government in Bangladesh, or in any part thereof.
[Repealed]
18. [Repealed by the
Government of India (Adaptation of Indian Laws) Order, 1937.]
“Judge”
19. The word “Judge”
denotes not only every person who is officially designed as a Judge, but also
every person,-
who is empowered by
law to give, in any legal proceeding, civil or criminal, a definitive judgment,
or a judgment which, if not appealed against, would be definitive, or a
judgment which, if confirmed by some other authority, would be definitive, or
who is one of a body
of persons, which body of persons is empowered by law to give such a judgment.
Illustrations
(a) A Collector
exercising jurisdiction in a suit under Act X of 1859, is a Judge.
(b) A Magistrate
exercising jurisdiction in respect of a charge on which he has power to
sentence to fine or imprisonment with or without appeal, is a Judge.
(c) [Repealed by the
Federal Laws (Revision and Declaration) Act 1951 (Act XXXVI of 1951)].
(d) A Magistrate
exercising jurisdiction in respect of a charge on which he has power only to
commit for trial to another Court, is not a Judge.
“Court of justice”
20. The words
"Court of Justice" denote a Judge who is empowered by law to act
judicially alone, or a body of Judges which is empowered by law to act judicially
as a body, when such Judge or body of Judges is acting judicially.
“Public servant”
21. The words
"public servant" denote a person falling under any of the
descriptions hereinafter following, namely:-
First.-[Omitted by
section 2 of the Penal Code (Amendment) Ordinance, 1982 (Ordinance No. X of
1982)];
Second. Every
Commissioned Officer in the Military, Naval or Air Forces of Bangladesh 10[ * *
*];
11[Third.- Every
Judge including any person empowered by any law to perform, whether by himself
or as a member of any body of persons, any adjudicatory function;]
Fourth.- very
officer of a Court of Justice whose duty it is, as such officer, to investigate
or report on any matter of law or fact, or to make, authenticate, or keep any
document, or to take charge or dispose of any property, or to execute any
judicial process, or to administer any oath, or to interpret, or to preserve
order in the Court; and every person specially authorized by a Court of Justice
to perform any of such duties;
Fifth.-Every
juryman, assessor, or member of a panchayat assisting a Court of Justice or
public servant;
Sixth.-Every
arbitrator or other person to whom any cause or matter has been referred for
decision or report by any Court of Justice, or by any other competent public
authority;
Seventh.-Every
person who holds any office by virtue of which he is empowered to place or keep
any person in confinement;
Eighth.-Every
officer of the Government whose duty it is, as such officer, to prevent
offences, to give information of offences, to bring offenders to justice, or to
protect the public health, safety or convenience;
Ninth.-Every officer
whose duty it is, such officer, to take, receive, keep or expend any property
on behalf of the Government, or to make any 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 the pecuniary interests of the
Government, or to make, authenticate or keep any document relating to the
pecuniary interest of the Government, or to prevent the infraction of any law
for the protection of the pecuniary interests of the Government 12[ * * *];
Tenth.-Every officer
whose duty it is, as such officer, to take, receive, keep or expend any property,
to make any survey or assessment or to levy any rate or tax for any secular
common purpose of any village, town or district, or to make, authenticate or
keep any document for the ascertaining of the rights of the people of any
village, town or district;
Eleventh.-Every
person who holds any office in virtue of which he is empowered to prepare,
publish, maintain or revise an electoral roll or to conduct an election or part
of an election.
Illustration
A Municipal
Commissioner is a public servant.
13[ Twelfth.-Every
person-
(a) in the service
or pay of the Government or remunerated by the Government by fees or
commissions for the performance of any public duty;
(b) in the service
or pay of a local authority or of a corporation, body or authority established
by or under any law or of a firm or company in which any part of the interest
or share capital is held by, or vested in, the Government.]
Explanation
1.-Persons falling under any of the above descriptions are public servants,
whether appointed by the Government or not.
Explanation
2.-Wherever the words "public servant" occur, they shall be
understood of every person who is in actual possession of the situation of a
public servant, whatever legal defect there may be in his right to hold that
situation.
Explanation 3.-The
word "election" denotes an election for the purpose of selecting
members of any legislative, municipal or other public authority, of whatever
character, the method of selection to which is by, or under, any law prescribed
as by election.
“Moveable
property”
22. The words
"moveable property" are intended to include corporeal property of
every description, except land and thing attached to the earth or permanently
fastened to any thing which is attached to the earth.
“Wrongful gain”
23. "Wrongful
gain" is gain by unlawful means of property to which the person gaining is
not legally entitled.
“Wrongful loss”
"Wrongful
loss" is the loss by unlawful means of property to which the person losing
it is legally entitled.
Losing wrongfully
A person is said to
gain wrongfully when such person retains wrongfully, as well as when such
person acquires wrongfully. A person is said to loss wrongfully when such
person is wrongfully kept out of any property, as well as when such person is
wrongfully deprived of property.
“Dishonestly”
24. Whoever does
anything with the intention of causing wrongful gain to one person or wrongful
loss to another person, is said to do that thing "dishonestly".
“Fraudulently"
25. A person is said
to do a thing fraudulently if he does that thing with intent to defraud but not
otherwise.
“Reason
to believe”
26. A person is said
to have "reason to believe" a thing if he has sufficient cause to
believe that thing but not otherwise.
Property in possession of wife, clerk or servant
27. When property is
in the possession of a person's wife, clerk or servant, on account of that
person, it is in that person's possession within the meaning of this Code.
Explanation.-A
person employed temporarily or on a particular occasion in the capacity of a
clerk, or servant, is a clerk or servant within the meaning of this section.
“Counterfeit”
28. A person is said
to "counterfeit" who causes one thing to resemble another thing,
intending by means of that resemblance to practice deception, or knowing it to
be likely that deception will thereby be practiced.
Explanation 1.-It is
not essential to counterfeiting that the imitation should be exact.
Explanation 2.-When
a person causes one thing to resemble another thing, and resemblance is such
that a person might be deceived thereby, it shall be presumed, until the
contrary is proved, that the person so causing the one thing to resemble the
other thing intended by means of that resemblance to practice deception or knew
it to be likely that deception would thereby be practiced.
“Document”
29. The word
"document" denotes any matter expressed or described upon any
substance by means of letters, figures, marks, or by more than one of those
means, intended to be used, or which may be used, as evidence of that matter.
Explanation 1.-It is
immaterial by what means or upon what substance the letters, figures or marks
are formed, or whether the evidence is intended for, or may be used in a Court
of Justice, or not.
Illustrations
A writing expressing
the terms of a contract, which may be used as evidence of the contract, is a
document.
A cheque upon a
banker is a document.
A Power-of-Attorney
is a document.
A map or plan which
is intended to be used or which may be used as evidence, is a document.
A writing containing
directions or instructions is a document.
Explanation
2.-Whatever is expressed by means of letters, figures or marks as explained by
mercantile or other usage, shall be deemed to be expressed by such letters, figures
or marks within the meaning of this section, although the same may not be
actually expressed.
Illustration
A writes his name on
the back of a bill of exchange payable to his order. The meaning of the
endorsement, as explained by mercantile usage, 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 holder" or words to that effect
had been written over the signature.
“Valuable
security”
30. The words
"valuable security" denote a document which is, or purports to be, a
document whereby any legal right is created, extended, transferred, restricted,
extinguished or released, or whereby any person acknowledges that he lies under
legal liability, or has not a certain legal right.
Illustration
A writes his name on
the back of a bill of exchange. As the effect of this endorsement is to
transfer the right to the bill to any person who may become the lawful holder
of it, the endorsement is a "valuable security".
“A will”
31. The words
"a will" denote any testamentary document.
Words referring to acts include illegal omissions
32. In every part of
this Code, except where a contrary intention appears from the context, words
which refer to acts done extend also to illegal omissions.
“Act”
“Omission”
33. The word
"act" denotes as well a series of acts as a single act: the word
"omission” denotes as well a series of omissions as a single omission.
Acts done by several persons in furtherance of common
intention
34. When a criminal
act is done by several persons, in furtherance of the common intention of all,
each of such persons is liable for that act in the same manner as if it were
done by him alone.
When such an act is criminal by reason of its being
done with a criminal knowledge or intention
35. Whenever an act,
which is criminal only by reason of its being done with a criminal knowledge or
intention, is done by several persons, each of such persons who joins in the
act with such knowledge or intention is liable for the act in the same manner
as if the act were done by him alone with that knowledge or intention.
Effect caused partly by act and partly by omission
36. Wherever the
causing of a certain effect, or an attempt to cause that effect, by an act or
by an omission, is an offence, it is to be understood that the causing of that
effect partly by an act and partly by an omission is the same offence.
Illustration
A intentionally
causes Z's death, partly by illegally omitting to give Z food, and partly by
beating Z. A has committed murder.
Co-operation by doing one of several Acts constituting
an offence
37. When an offence
is committed by means of several acts, whoever intentionally co-operates in the
commission of that offence by doing any one of those acts, either singly or
jointly with any other person, commits that offence.
Illustrations
(a) A and B agree to
murder Z by severally and at different times giving him small doses of poison.
A and B administer the poison according to the agreement with intent to murder
Z. Z dies from the effects of the several doses of poison so administered to
him. Here A and B intentionally co-operate in the commission of murder and as
each of them does an act by which the death is caused, they are both guilty of
the 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 Z's death, knowingly
co-operate in causing that effect by illegally omitting, each during the time
of his attendance, to furnish Z with food supplied to them for that purpose. Z
dies of hunger. Both A and B are guilty of the murder of Z.
(c) A, a jailor, has
the charge of Z, a prisoner. A intending to cause Z's death, illegally omits to
supply Z with food; in consequence of which Z is much reduced in strength, but
the starvation is not sufficient to cause his death. A is dismissed from his
office, and B succeeds him. B, 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 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.
Persons concerned in criminal act may be guilty of
different offences
38. Where several
persons are engaged or concerned in the commission of a criminal act, they may
be guilty of different offences by means of that act.
Illustration
A attacks Z under
such circumstances of grave provocation that his killing of Z would be only
culpable homicide not amounting to murder. B having ill-will towards Z and
intending to kill him, and not having been subject to the provocation, assists
A in killing Z. Here, though A and B are both engaged in causing Z's death, B
is guilty of murder, and A is guilty only of culpable homicide.
“Voluntarily”
39. A person is said
to cause an effect "voluntarily" when he causes it by means whereby
he intended to cause it, or by means which, at the time of employing those
means, he knew or had reason to believe to be likely to cause it.
Illustration
A sets fire, by
night, to an inhabited house in a large town, for the purpose of facilitating
robbery and thus causes the death of a person. Here, A may not have intended to
cause death, and may even be sorry that death has been caused by his act: yet,
if he knew that he was likely to cause death, he has caused death voluntarily.
“Offence”
40. Except in the
chapters and sections mentioned in clauses 2 and 3 of this section, the word
"offence" denotes a thing made punishable by this Code.
In Chapter IV,
Chapter VA and in the following sections, namely, sections 64, 65, 66, 67, 71,
109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222,
223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the word
"offence" denotes a thing punishable under this Code, or under any
special or local law as hereinafter defined.
And in sections 141,
176, 177, 201, 202, 212, 216 and 441 the word "offence" has the same
meaning when the thing punishable under the special or local law is punishable
under such law with imprisonment for a term of six months or upwards, whether
with or without fine.
“Special
law”
41. A "special
law" is a law applicable to a particular subject.
“Local
law”
42. A "local
law" is a law applicable only to a particular part of the territories
comprised in Bangladesh.
“Illegal”
“Legally bound to do”
43. The word
“illegal” is applicable to everything which is an offence or which is
prohibited by law, or which furnishes ground for a civil action: and a person
is said to be "legally bound to do" whatever it is illegal in him to
omit.
“Injury”
44. The word
"injury" denotes any harm whatever illegally caused to any person, in
body, mind, reputation or property.
“Life”
45. The word
"life" denotes the life of a human being, unless the contrary appears
from the context.
“Death”
46. The word
"death" denotes the death of a human being, unless the contrary
appears from the context.
“Animal”
47. The word
"animal" denotes any living creature, other than a human being.
“Vessel”
48. The word
“vessel” denotes anything made for the conveyance by water of human beings or
of property.
“Year”
“Month”
49. Wherever the
word "year" or the word "month" is used, it is to be
understood that the year or the month is to be reckoned according to the
British calendar.
“Section”
50. The word
"section" denotes one of those portions of a chapter of this Code
which are distinguished by prefixed numeral figures.
“Oath”
51. The word
"oath" includes a solemn affirmation substituted by law for an oath,
and any declaration required or authorized by law to be made before a public
servant or to be used for the purpose of proof, whether in a Court of Justice
or not.
“Good
faith”
52. Nothing is said
to be done or believed in "good faith" which is done or believed
without due care and attention.
“Harbour”
14[ 52A. Except in
section 157, and in section 130 in the case in which the harbour is given by
the wife or husband of the person harboured, the word "harbour"
includes the supplying a person with shelter, food, drink, money, clothes,
arms, ammunition or means of conveyance, or the assisting a person by any
means, whether of the same kind as those enumerated in this section or not, to
evade apprehension.]
CHAPTER III
OF PUNISHMENTS
Punishments
53. The punishments
to which offenders are liable under the provisions of this Code are,-
Firstly,- Death;
Secondly,- 15[
Imprisonment for life];
Thirdly,-[Omitted by
the Criminal Law (Extinction of Discriminatory Privileges) Act 1949 (Act No. II
of 1950].
Fourthly,-Imprisonment,
which is of two descriptions, namely:-
(1) Rigorous, that
is, with hard labour;
(2) Simple;
Fifthly,- Forfeiture
of property;
Sixthly,- Fine.
16[ Explanation.-In
the punishment of imprisonment for life, the imprisonment shall be rigorous.]
Construction of
reference to transportation
17[ 53A.(1) Subject
to the provisions of sub-section (2), any reference to “transportation for life”
in any other law for the time being in force shall be construed as a reference
to “imprisonment for life”.
(2) Any reference to
transportation for a term or to transportation for a shorter term (by whatever
named called) in any other law for the time being in force shall be deemed to
have been omitted.
(3) Any
reference to “transportation” in any other law for the time being in force shall
(a) if the
expression means transportation for life, be construed as a reference to
imprisonment for life;
(b) if the
expression means transportation for any shorter term, be deemed to have been
omitted.]
Commutation of sentence of death
54. In every case in
which sentence of death shall have been passed, 18[ the Government] may,
without the consent of the offender, commute the punishment for any other
punishment provided by this Code.
Commutation of sentence of 19[ imprisonment ] for life
55. In every case in
which sentence of 20[ imprisonment] for life shall have been passed, 21[ the
Government] may, without the consent of the offender, commute the punishment
for imprisonment of either description for a term not exceeding 22[ twenty]
years.
Saving for President’s prerogative
23[ 55A. Nothing in
section fifty-four or section fifty-five shall derogate from the right of the
President to grant pardons, reprieves, respites or remissions of punishment.]
24[ Repealed]
56. [Repealed by
Schedule of the Criminal Law (Extinction of Discriminatory Privileges Act, 1949
(Act No. II of 1950).]
Fractions of terms of punishment
57. In calculating
fractions of terms of punishment, 25[ imprisonment] for life shall be reckoned
as equivalent to 26[ rigorous imprisonment for thirty years].
27[ Omitted]
58. [Omitted by
section 6 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of
1985).]
28[ Omitted]
59. [Omitted by
section 6 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of
1985).]
Sentence may be (in certain cases of imprisonment,
wholly or partly rigorous or simple
60. In every case in
which an offender is punishable with imprisonment which may be of either
description, it shall be competent to the Court which sentences such offender
to direct in the sentence that such imprisonment shall be wholly rigorous, or
that such imprisonment shall be wholly simple, or that any part of such
imprisonment shall be rigorous and the rest simple.
29[ Repealed]
61. [Repealed by
section 4 of the Indian Penal Code (Amendment) Act, 1921 (Act No. XVI of
1921).]
30[ Repealed]
62. [Repealed by
section 4 of the Indian Penal Code (Amendment) Act, 1921 (Act No. XVI of
1921).]
Amount of fine
63. Where no sum is
expressed to which a fine may extend, the amount of fine to which the offender
is liable is unlimited, but shall not be excessive.
Sentence of imprisonment for non-payment of fine
64. In every case of
an offence punishable with imprisonment as well as fine, in which the offender
is sentenced to a fine, whether with or without imprisonment,
and in every case of
an offence punishable with imprisonment or fine, or with fine only, in which
the offender is sentenced to a fine,
it shall be
competent to the Court which sentences such offender to direct by the sentence
that, in default of payment of the fine, the offender shall suffer imprisonment
for a certain term, which imprisonment shall be in excess of any other
imprisonment to which he may have been sentenced or to which he may be liable
under a commutation of a sentence.
Limit to imprisonment for non-payment of fine, when
imprisonment and fine awardable
65. The term for
which the Court directs the offender to be imprisoned in default of payment of
a fine shall not exceed one-fourth of the term of imprisonment which is the
maximum fixed for the offence, if the offence be punishable with imprisonment
as well as fine.
Description of imprisonment for non-payment of fine
66. The imprisonment
which the Court imposes in default of payment of a fine may be of any
description to which the offender might have been sentenced for the offence.
Imprisonment for non-payment of fine, when offence
punishable with fine only
67. If the offence
be punishable with fine only, the imprisonment which the Court imposes in
default of payment of the fine shall be simple, and the term for which the
Court directs the offender to be imprisoned, in default of payment of fine,
shall not exceed the following scale, that is to say, for any term not
exceeding two months when the amount of the fine shall not exceed fifty taka,
and for any term not exceeding four months when the amount shall not exceed one
hundred taka, and for any term not exceeding six months in any other case.
Imprisonment to terminate on payment of fine
68. The imprisonment
which is imposed in default of payment of a fine shall terminate whenever that
fine is either paid or levied by process of law.
Termination of imprisonment on payment of
propor-tional part of fine
69. If, before the
expiration of the term of imprisonment fixed in default of payment, such a
proportion of the fine be paid or levied that the term of imprisonment suffered
in default of payment is not less than proportional to the part of the fine
still unpaid, the imprisonment shall terminate.
Illustration
A is sentenced to a
fine of one hundred taka and four months imprisonment in default of payment.
Here, if seventy-five taka of the fine 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-five taka be paid or levied at the time of the
expiration of the first month, or at any later time while A continues in
imprisonment, A will be immediately discharged. If fifty taka of the fine be
paid or levied before the expiration of the two months of the imprisonments, A
will be discharged as soon as the two months are completed. If fifty taka be
paid or levied at the time the expiration of those two months, or at any later
time while A continues in imprisonment, A will be immediately discharged.
Fine leviable within six years, or during imprisonment
Death not to discharge property from liability
70. The fine, or any
part thereof which remains unpaid, may be levied at any time within six years
after the passing of the sentence, and if, under the sentence, the offender be
liable to imprisonment for a longer period than six years, then at any time
previous to the expiration of that period; and the death of the offender does
not discharge from the liability of any property which would, after his death,
be legally liable for his debts.
Limit of punishment of offence made up of several
offences
71. Where anything
which is an offence is made up of parts, any of which parts is itself an
offence, the offender shall not be punished with the punishment of more than
one of such his offences, unless it be so expressly provided.
Where anything is an
offence falling within two or more separate definitions of any law in force for
the time being by which offences are defined or punished, or
Where several acts,
of which one or more than one would by itself or themselves constitute an
offence, constitute, when combined, a different offence,
the offender shall
not be punished with a more severe punishment than the Court which tries him
could award for any one of such offences.
Illustrations
(a) A gives Z fifty
strokes with a stick. Here A may have committed the offence of voluntarily
causing hurt to Z by the whole beating, and also by each of the blows which
make up the whole beating. If A were liable to punishment for every blow, he
might be imprisoned for fifty years, one for each blow. But he is liable only
to one punishment for the whole beating.
(b) But if, while A
is beating Z, Y interferes, and A intentionally strikes Y, here, as the blow
given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is
liable to one punishment for voluntarily causing hurt to Z, and to another for
the blow given to Y.
Punishment of person guilty of one of several
offences, the judgment stating that it is doubtful of which
72. In all cases in
which judgment is given that a person is guilty of one of several offences
specified in the judgment, but that it is doubtful of which these offences he
is guilty, the offender shall be punished for the offence for which the lowest
punishment is provided if the same punishment is not provided for all.
Solitary confinement
73. Whenever any
person is convicted of an offence for which under this Code the Court has power
to sentence him to rigorous imprisonment, the Court may, by its sentence, order
that the offender shall be kept in solitary confinement for any portion or
portions of 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 exceed six months:
a time not exceeding
two months if the term of imprisonment shall exceed six months and shall not
exceed one year:
a time not exceeding
three months if the term of imprisonment shall exceed one year.
Limit of solitary confinement
74. In executing a
sentence of solitary confinement, such confinement shall in no case exceed
fourteen days at a time, with intervals between the periods of solitary
confinement of not less duration than such periods, and when the imprisonment
awarded shall exceed three months, the solitary confinement shall not exceed
seven days in any one month of the whole imprisonment awarded, with intervals
between the periods of solitary confinement of not less duration than such
periods.
Enhanced punishment for certain offences under Chapter
XII or Chapter XVII after previous conviction
75.
Whoever, having been convicted,
(a) by a Court in
Bangladesh of an offence punishable under Chapter XII or Chapter XVII of this
Code with imprisonment of either description for a term of three years or
upwards; 31[ * * *]
(b) [Omitted by
section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration)
Act, 1973 (Act No. VIII of 1973).]
shall be guilty of
any offence punishable under either of those Chapters with like imprisonment
for the like term, shall be
subject for every
such subsequent offence to 32[ imprisonment] for life, or to imprisonment of
either description for a term which may extend to ten years.
CHAPTER IV
GENERAL EXCEPTIONS
Act done by a person bound, or by mistake of fact
believing himself bound, by law
76. Nothing is an
offence which is done by a person who is, 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,
bound by law to do it.
Illustrations
(a) A, a soldier,
fires on a mob by the order of his superior officer, in conformity with the
commands of the law. A has committed no offence.
(b) A, an officer of
a Court of Justice, being ordered by that Court to arrest Y, and, after due
enquiry, believing Z to be Y, arrests Z. A has committed no offence.
Act of judge when acting judicially
77. Nothing is an
offence which is done by a Judge when acting judicially in the exercise of any
power which is, or which in good faith he believes to be, given to him by law.
Act done pursuant to the judgment or order of Court
78. Nothing which is
done in pursuance of, or which is warranted by the judgment or order of, a
Court of Justice, if done whilst such judgment or order remains in force, is an
offence, notwithstanding the Court may have had no jurisdiction to pass such
judgment or order, provided the person doing the act in good faith believes
that the Court had such jurisdiction.
Act done by a person justified, or by mistake of fact
believing himself justified, by law
79. 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.
Accident in doing a lawful act
80. Nothing is an
offence which is done by accident or misfortune, and without any criminal
intention or knowledge in the doing of a lawful act in a lawful manner by
lawful means and with proper care and caution.
Illustration
A is at work with a
hatchet; the head flies off and kills a man who is standing by. Here if there
was no want of proper caution on the part of A, his act is excusable and not an
offence.
Act likely to cause harm, but done without criminal
intent and to prevent other harm
81. Nothing is an
offence merely by reason of its being done with the knowledge that it is likely
to cause harm, if it be done without any criminal intention to cause harm, and
in good faith for the purpose of preventing or avoiding other harm to person or
property.
Explanation.-It is a
question of fact in such a case whether the harm to be prevented or avoided was
of such a nature and so imminent as to justify or excuse the risk of doing the
act with the knowledge that it was likely to cause harm.
Illustrations
(a) A, the captain
of a steam vessel, suddenly and without any fault or negligence on his part,
finds himself in such a position that, before he can stop his vessel, he must
inevitably run down a boat B, with twenty or thirty passengers on board, unless
he changes the course of his vessel, and that, by changing his course, he must
incur risk of running down a boat C with only two passengers on board, which he
may possibly clear. Here, if 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 boat B, he is not guilty of an offence, though he may run
down the boat C 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 such as to excuse him in incurring the risk of running down C.
(b) A, is in a great
fire, pulls down houses in order to prevent the conflagration from spreading.
He does this with intention in good faith
of saving human life
or property. Here if it be found that the harm to be prevented was of such a
nature and so imminent as to excuse A's act, A is not guilty of the offence.
Act of a child under nine years of age
82. Nothing is an
offence which is done by a child under 33[ nine] years of age.
Act of a child above nine and under twelve of immature
understanding
83. Nothing is an
offence which is done by a child above 34[ nine] years of age and under twelve,
who has not attained sufficient maturity of understanding to judge of the
nature and consequences of his conduct on that occasion.
Act of a person of unsound mind
84. Nothing is an
offence which is done by a person who, at the time of doing it, by reason of
unsoundness of mind, is incapable of knowing the nature of the act, or that he
is doing what is either wrong or contrary to law.
Act of a person incapable of judgment by reason of
intoxication caused against his will
85. Nothing is an
offence which is done by a person who, at the time of doing it, is, by reason
of intoxication, incapable of knowing the nature of the act, or that he is
doing what is either wrong, or contrary to law: provided that the thing which
intoxicated him was administered to him without his knowledge or against his
will.
Offence requiring a particular intent or knowledge
committed by one who is intoxicated
86. In cases where
an act done is not an offence unless done with a particular knowledge or
intent, a person who does the act in a state of intoxication shall be liable to
be dealt with as if he had the same knowledge as he would have had if he had
not been intoxicated, unless the thing which intoxicated him was administered
to him without his knowledge or against his will.
Act not intended and not known to be likely to cause
death or grievous hurt, done by consent
87. Nothing which is
not intended to cause death, or grievous hurt, and which is not known by the
doer to be likely to cause death, or grievous hurt, is an offence by reason of
any harm which it may cause, or be intended by the doer to cause, to any
person, above eighteen years of age, who has given consent, whether express or
implied, to suffer that harm; or by reason of any harm which it may be known by
the doer to be likely to cause to any such person who has consented to take the
risk of that harm.
Illustration
A and Z agree to
fence with each other for amusement. This agreement implies the consent of each
to suffer any harm which in the course of such fencing, may be caused without
foul play; and if A, while playing fairly, hurts Z, A commits no offence.
Act not intended to cause death, done by consent in
good faith for person’s benefit
88. Nothing, which
is not intended to cause death, is an offence by reason of any harm which it
may cause, or be intended by the doer to cause, or be known by the doer to be
likely to cause, to any person for whose benefit it is done in good faith, and
who has given a consent, whether express or implied, to suffer that harm, or to
take the risk of that harm.
Illustration
A, a surgeon,
knowing that a particular operation is likely to cause the death of Z, who
suffers under the painful complaint, but not intending to cause Z's death, and
intending, in good faith Z's benefit, performs that operation on Z, with Z's
consent. A has committed no offence.
Act done in good faith for benefit of child or insane
person, by or by consent of guardian
89. Nothing which is
done in good faith for the benefit of a person under twelve years of age, or of
unsound mind, by or by consent, either express or implied, of the guardian or
other person having lawful charge of that person, is an offence by reason of any
harm which it may cause, or be intended by the doer to cause or be known by the
doer to be likely to cause to that person:
Provided-
Firstly.-That this
exception shall not extend to the intentional causing of death, or to the
attempting to cause death;
Secondly.-That this
exception shall not extend to the doing of anything which the person doing it
knows to be likely to cause death, for any purpose other than the preventing of
death or grievous hurt; or the curing of any grievous disease or infirmity;
Thirdly.-That this
exception shall not extent to the voluntary causing of grievous hurt, or to the
attempting to cause grievous hurt, unless it be for the purpose of preventing
death or grievous hurt, or the curing of any grievous disease or infirmity;
Fourthly.-That this
exception shall not extend to the abetment of any offence, to the committing of
which offence it would not extend.
Illustration
A, in good faith,
for his child's benefit without his child's consent, has his child cut for the
stone by a surgeon, knowing it to be likely that the operation will cause the
child's death, but not intending to cause the child's death. A is within the
exception, inasmuch as his object was the cure of the child.
Consent known to be given under fear or misconception
90. A consent is not
such a consent as is intended by any section of this Code, if the consent is
given by a person under fear of injury, or under a misconception of fact, and
if the person doing the act knows, or has reason to believe, that the consent
was given in consequence of such fear or misconception; or
Consent of insane
person
If the consent is
given by a person who, from unsoundness of mind, or intoxication, is unable to
understand the nature and consequence of that to which he gives his consent; or
Consent of child
Unless the contrary
appears from the context, if the consent is given by a person who is under
twelve years of age.
Exclusion of acts which are offences independently of
harm caused
91. The exceptions
in sections 87, 88 and 89 do not extend to acts which are offences
independently of any harm which they may cause, or 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.
Illustration
Causing miscarriage
(unless caused in good faith for the purpose of saving the life of woman) is an
offence independently of any harm which it may cause or be intended to cause to
the woman. Therefore, it is not an offence “by reason of such harm”; and the
consent of the woman or of her guardian to the causing of such miscarriage does
not justify the act.
Act done in good faith for benefit of a person without
consent
92. Nothing is an
offence by reason of any harm which it may cause to a person for whose benefit
it is done in good faith, even without that person's consent, if the
circumstances are such that it is impossible for that person to signify
consent, or if that person is incapable of giving consent, and has no guardian
or other person in lawful charge of him from whom it is possible to obtain
consent in time for the thing to be done with benefit:
Provided-
Firstly.-That this
exception shall not extend to the intentional causing of death, or the
attempting to cause death;
Secondly.-That this
exception shall not extend to the doing of anything which the person doing it
knows to be likely to cause death, for any purpose other than the preventing of
death or grievous hurt, or the curing of any grievous disease or infirmity;
Thirdly.-That this
exception shall not extend to the voluntary causing of hurt, or to the
attempting to cause hurt, for any purpose other than the preventing of death or
hurt;
Fourthly.-That this
exception shall not extend to the abetment of any offence, to the committing of
which offence it would not extend.
Illustrations
(a) Z is thrown from
his horse, and is insensible. A, a surgeon, finds that Z requires to be
trepanned. A not intending Z's death but in good faith for Z's benefit,
performs the trepan before Z recovers his power of 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 that the shot may kill
Z, but not intending to kill Z, and in good faith intending Z's benefit. A's
ball gives Z a mortal wound. A has committed no offence.
(c) A, a surgeon,
sees a child suffer an accident which is likely to prove fatal unless an
operation be immediately performed. There is no time to apply to the child's
guardian. A performs the operation inspite of the entreaties of the child,
intending, in good faith, the child's benefit. A has committed no offence.
(d) A is in a house
which is on fire, with Z, a child. People below hold out a blanket. A drops the
child from the housetop, knowing it to be likely that the fall may kill the
child, but not intending to kill the child, and intending, in good faith, the
child's benefit. Here even if the child is killed by the fall, A has committed
no offence.
Explanation.-Mere
pecuniary benefit is not benefit within the meaning of sections 88, 89 and 92.
Communication made in good faith
93. No communication
made in good faith is an offence by reason of any harm to the person to whom it
is made, if it is made for the benefit of that person.
Illustration
A, a surgeon, in
good faith, communicates to a patient his opinion that he cannot live. The
patient dies in consequence of the shock. A has committed no offence, though he
knew it to be likely that the communication might cause the patient's death.
Act to which a person is compelled by threats
94. Except murder,
and offences against the State punishable with death, nothing is an offence
which is done by a person who is compelled to do it by threats, which, at the
time of doing it, reasonably cause the apprehension that instant death to that
person will otherwise be the consequence: Provided the person doing the act did
not of his own accord, or from a reasonable apprehension of harm to himself
short of instant death, place himself in the situation by which he became
subject to such constraint.
Explanation 1.-A
person who, of his own accord, or by reason of a threat of being beaten, joins
a gang of dacoits, knowing their character, is not entitled to the benefit of
this exception on the ground of his having been compelled by his associates to
do anything that is an offence by law.
Explanation 2.-A
person seized by a gang of dacoits, and forced by threat of instant death, to
do a thing which is an offence by law; for example, a smith compelled to take
his tools and to force the door of a house for the dacoits to enter and plunder
it, is entitled to the benefit of this exception.
Act causing slight harm
95. Nothing is an
offence by reason that it causes, or that it is intended to cause, or that it
is known to be likely to cause, any harm, if that harm, is so slight that no
person of ordinary sense and temper would complain of such harm.
Of the Right of the
Private Defence
Things done in private defence
96. Nothing is an
offence which is done in the exercise of the right of private defence.
Right of private defence of the body and of property
97. Every
person has a right, subject to the restrictions contained in section 99, to defend
Firstly.-His own
body, and the body of any other person against any offence affecting the human
body;
Secondly.-The
property, whether moveable or immovable, of himself or of any other person,
against any act which is an offence falling under the definition of theft,
robbery, mischief or criminal trespass, or which is an attempt to commit theft,
robbery, mischief or criminal trespass.
Right of private defence against the act of a person
of unsound mind, etc
98. When an act,
which would otherwise be a certain offence is not that offence, by reason of
the youth, the want of maturity of understanding, the unsoundness of mind or
the intoxication of the person doing that act, or by reason of any
misconception on the part of that person, every person has the same right of
private defence against that act which he would have if the act were that
offence.
Illustrations
(a) Z, under the influence
of madness, attempts to kill A; Z is guilty of no offence. But A has the same
right of private defence which he would have if Z were sane.
(b) A enters by
night a house which he is legally entitled to enter. Z, in good faith, taking A
for a house-breaker, attacks A. Here Z, by attacking A under this
misconception, commits no offence. But A has the same right of private defence
against Z, which he would have if Z were not acting under that misconception.
Acts against which there is no right private defence
99. There is no
right of private defence against an act which does not reasonably cause the
apprehension of death or of grievous hurt, if done, or attempted to be done by
a public servant acting in good faith under colour of his office, though that
act may not be strictly justifiable by law.
There is no right of
private defence against an act which does not reasonably cause the apprehension
of death or of grievous hurt, if done, or attempted to be done, by the
direction of a public servant acting in good faith under colour of his office,
though that act may not be strictly justifiable by law.
There is no right of
private defence in cases in which there is time to have recourse to the
protection of the public authorities.
Extent to which the
right may be exercised
The right of private
defence in no case extends to the inflicting of more harm than it is necessary
to inflict for the purpose of defence.
Explanation 1.-A
person is not deprived of the right of private defence against an act done, or
attempted to be done, by a public servant, as such unless he knows, or has
reason to believe, that the person doing the act is such public servant.
Explanation 2.-A
person is not deprived of the right of private defence against an act done, or
attempted to be done, by the direction of a public servant, unless he knows, or
has reason to believe, that the person doing the act is acting by such
direction, or unless such person states the authority under which he acts, or
if he has authority in writing, unless he produces such authority, if demanded.
When the right of private defence of the body extends
to causing death
100. The right of
private defence of the body extends, under the restrictions mentioned in the
last preceding section, to the voluntary causing of death or of any other harm
to the assailant, if the offence which occasions the exercise of the right be
of any of the descriptions hereinafter enumerated, namely:-
Firstly.-Such an
assault as may reasonably cause the apprehension that death will otherwise be
the consequence of such assault;
Secondly.-Such an
assault as may reasonably cause the apprehension that grievous hurt will
otherwise be the consequence of such assault;
Thirdly.-An assault
with the intention of committing rape;
Fourthly.-An assault
with the intention of gratifying unnatural lust;
Fifthly.-An assault
with the intention of kidnapping or abducting;
Sixthly.-An assault
with the intention of wrongfully confining a person, under circumstances which
may reasonably cause him to apprehend that he will be unable to have recourse
to the public authorities for his release.
When such right extends to causing any harm other than
death
101. If the offence
be not of any of the descriptions enumerated in the last preceding section, the
right of private defence of the body does not extend to the voluntary causing
of death to the assailant, but does extend, under the restrictions mentioned in
section 99 to the voluntary causing to the assailant of any harm other than
death.
Commencement and continuance of the right of private
defence of the body
102. The right of
private defence of the body commences as soon as a reasonable apprehension of
danger to the body arises from an attempt or threat to commit the offence
though the offence may not have been committed; and it continues as long as
such, apprehension of danger to the body continues.
When the right of private defence of property extends
to causing death
103. The right of
private defence of property extends, under the restrictions mentioned in
section 99, to the voluntary causing of death or of any other harm to the
wrong-doer, if the offence, the committing of which, or the attempting to
commit which, occasions the exercise of the right, be an offence of any of the
descriptions hereinafter enumerated, namely:-
Firstly.-Robbery;
Secondly.-House-breaking
by night;
Thirdly.-Mischief by
fire committed on any building, tent or vessel, which building, tent or vessel
is used as a human dwelling or as a place for the custody of property;
Fourthly.-Theft,
mischief or house-trespass, under such circumstances as may reasonably cause
apprehension that death or grievous hurt will be the consequence, if such right
of private defence is not exercised;
When such right extends to causing any harm other than
death
104. If the offence,
the committing of which, or the attempting to commit which, occasions the
exercise of the right of private defence, be theft, mischief, or criminal
trespass, not of any of the descriptions enumerated in the last preceding
section, that right does not extend to the voluntary causing of death, but does
extend, subject to the restrictions mentioned in section 99, to the voluntary
causing to the wrong-doer of any harm other than death.
Commencement and continuance of the right of private
defence of property
105. The right of
private defence of property commences when a reasonable apprehension of danger
to the property commences.
The right of private
defence of property against theft continues till the offender has effected his
retreat with the property or either the assistance of the public authorities is
obtained, or the property has been recovered.
The right of private
defence of property against robbery continues as long as the offender causes or
attempts to cause to any person death or hurt or wrongful restraint or as long
as the fear of instant death or of instant hurt or of instant personal
restraint continues.
The right of private
defence of property against criminal trespass or mischief continues as long as
the offender continues in the commission of criminal trespass or mischief.
The right of private
defence of property against house-breaking by night continues as long as the
house-trespass which has been begun by such house-breaking continues.
Right of private defence against deadly assault when
there is risk of harm to innocent person
106. If in the
exercise of the right of private defence against an assault which reasonably
causes the apprehension of death, the defender be so situated that he cannot effectually
exercise that right without risk of harm to an innocent person, his right of
private defence extends to the running of that risk.
Illustration
A is attacked by a
mob who attempt to murder him. He cannot effectually exercise his right of
private defence without firing on the mob, and he cannot fire without risk of
harming young children who are mingled with the mob. A commits no offence if by
so firing he harms any of the children.
CHAPTER V
OF ABETMENT
Abetment of a thing
107. A
person abets the doing of a thing, who
Firstly.-Instigates
any person to do that thing; or
Secondly.-Engages
with one or more other person or persons in any conspiracy for the doing of
that thing, if an act or illegal omission
takes place in pursuance of that conspiracy, and in order to the doing of that
thing; or
Thirdly.-Intentionally
aids, by any act or illegal omission, the doing of that thing.
Explanation 1.-A
person who, by wilful misrepresenta-tion, or by wilful concealment of a
material fact which he is bound to disclose, voluntarily causes or procures, or
attempts to cause or procure, a thing to be done, is said to instigate the
doing of that thing.
Illustration
A, a public officer,
is authorized by a warrant from a Court of Justice to apprehend Z. B, knowing
that fact and also that C is not Z, wilfully represents to A that C is Z, and
thereby intentionally causes A to apprehend C. Here B abets by instigation the
apprehension of C.
Explanation
2.-Whoever, either prior to or at the time of the commission of an act, does
anything in order to facilitate the commission of that act, and thereby
facilitates the commission thereof, is said to aid the doing of that act.
Abettor
108. A person abets
an offence, who abets either the 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.
(b) A instigates B
to murder D. B in pursuance of the instigation stabs D. D recovers from the
wound. A is guilty of instigating B to commit murder.
Explanation 3.-It is
not necessary that the person abetted should be capable by law of committing an
offence, or that he should have the same guilty intention or knowledge as that
of the abettor, or any guilty intention or knowledge.
Illustrations
(a) A, with a guilty
intention, abets a child or a lunatic to commit an act which would be an
offence, if committed by a person capable by law of committing an offence, and
having the same intention as A. Here A, whether the act be committed or not, is
guilty of abetting an offence.
(b) A, with the
intention of murdering Z, instigates B, a child under seven years of age, to do
an act which causes Z's death. B, in consequence of the abetment, does the act
in the absence of A and thereby, causes Z's death. Here, though B was not
capable by law of committing an offence, A is liable to be punished in the same
manner as if B had been capable by law of committing an offence, and had
committed murder, and he is therefore subject to the punishment of death.
(c) A instigates B
to set fire to a dwelling-house. B, in consequence of the unsoundness of his
mind, being incapable of knowing the nature of the act, or that he is doing
what is wrong or contrary to law, sets fire to the house in consequence of A's
instigation. B has committed no offence, but A is guilty of abetting the offence
of setting fire to a dwelling-house, and is liable to the punishment provided
for that offence.
(d) A intending to
cause a theft to be committed, instigates B to take property belonging to Z out
of Z's possession. A induces B to believe that the property belongs to A. B
takes the property out of Z's possession, in good faith, believing it to be A's
property. B, acting under this misconception, does not take dishonestly, and
therefore does not commit theft. But A is guilty of abetting theft, and is
liable to the same punishment as if B had committed theft.
Explanation 4.-The
abetment of an offence being an offence, the abetment of such an abetment is
also an offence.
Illustration
A instigates B to
instigate C to murder Z. B accordingly instigates C to murder Z, and C commits
that offence in consequence of B's instigation. B is liable to be punished for
his offence with the punishment for murder; and, as A instigated B to commit
the offence, A is also liable to the same punishment.
Explanation 5.-It is
not necessary to the commission of the offence of abetment by conspiracy that
the abettor should concert the offence with the person who commits it. It is
sufficient if he engages in the conspiracy in pursuance of which the offence is
committed.
Illustration
A concerts with B a
plan for poisoning Z. It is agreed that A shall administer the poison. B then
explains the plan to C mentioning that a third person is to administer the
poison, but without mentioning A's name. C agrees to procure the poison, and
procures and delivers it to B for the purpose of its being used in the manner
explained. A administers the poison; Z dies in consequence. Here, though A and
C have not conspired together, yet C has been engaged in the conspiracy in
pursuance of which Z has been murdered. C has therefore committed the offence
defined in this section and is liable to the punishment for murder.
Abetment in Bangladesh, of offences outside it
35[108A. A person
abets an offence within the meaning of this Code who, in Bangladesh, abets the
commission of any act without and beyond Bangladesh which would constitute an
offence committed in Bangladesh.] Abetment in Bangladesh of offences outside it
Illustration
A, in Bangladesh,
instigates B, a foreigner in Goa, to commit a murder in Goa. A is guilty of
abetting murder.
Punishment of abetment if the act abetted is committed
in consequence and where no express provision is made for its punishment
109. Whoever abets
any offence shall, if the act abetted is committed in consequence of the
abetment, and no express provision is made by this Code for the punishment of
such abetment, be punished with the punishment provided for the offence.
Punishment of abetment if the act abetted is committed in consequence and where
no express provision is made for its punishment
Explanation.-An act
or offence is said to be committed in consequence of abetment, when it is
committed in consequence of the instigation, or in pursuance of the conspiracy,
or with the aid which constitutes the abetment.
Illustrations
(a) A offers a bribe
to B, a public servant, as a reward for showing A some favour in the exercise
of B's official functions. B accepts the bribe. A has abetted the offence
defined in section 161.
(b) A instigates B
to give false evidence. B, in consequence of the instigation commits that
offence. A is guilty of abetting that offence, and is liable to the same
punishment as B.
(c) A and B conspire
to poison Z. A, in pursuance of the conspiracy, procures the poison and
delivers it to B in order that he may administer it to Z. B, in pursuance of
the conspiracy, administers the poison to Z in A's absence and thereby causes
Z's death. Here B is guilty of murder. A is guilty of abetting that offence by
conspiracy, and is liable to the punishment for murder.
Punishment of
abetment if person abetted does act with different intention from that of
abettor Punishment of abetment if person abetted does act with different
intention from that of abettor
110. Whoever abets
the commission of an offence shall, if the person abetted does the act with a
different intention or knowledge from that of the abettor, be punished with the
punishment provided for the offence which would have been committed if the act
had been done with the intention or knowledge of the abettor and with no other.
Liability of abettor
when one act abetted and different act done
Liability of abettor when one act abetted and
different act done
111. When an act is
abetted and a different act is done, the abettor is liable for the act done, in
the same manner and to the same extent as if he had directly abetted it:
Provided the act
done was a probable consequence of the abetment, and was committed under the
influence of the instigation, or with the aid or in pursuance of the conspiracy
which constituted the abetment.
Illustrations
(a) A instigates a
child to put poison into the food of Z, and gives him poison for that purpose.
The child, in consequence of the instigation, by mistake puts the poison into
the food of Y, which is by the side of that of Z. Here if the child was acting
under the influence of A's instigation, and the act done was under the
circumstances a probable consequence of the abetment, A is liable in the same
manner and to the same extent as if he had instigated the child to put the
poison into the food of Y.
(b) A instigates B
to burn Z's house. B sets fire to the house and at the same time commits theft
of property there. A, though guilty of abetting the burning of the house, is
not guilty of abetting the theft; for the theft was a distinct act, and not a
probable consequence of the burning.
(c) A instigates B
and C to break into an inhabited house at midnight for the purpose of robbery,
and provides them with arms for that purpose. B and C break into the house, and
being resisted by Z, one of the inmates, murder Z. Here, if that murder was the
probable consequence of the abetment, A is liable to the punishment provided
for murder.
Abettor when liable to cumulative punishment for act
abetted and for act done
112. If the act for which
the abettor is liable under the last preceding section is committed in addition
to the act abetted, and constitutes a distinct offence, the abettor is liable
to punishment for each of the offences.
Illustration
A instigates B to
resist by force a distress made by a public servant. B, in consequence, resists
that distress. In offering the resistance, B voluntarily causes grievous hurt
to the officer executing the distress. As B has committed both the offence of
resisting the distress, and the offence of voluntarily causing grievous hurt, B
is liable to punishment for both these offences; and, if A knew that B was
likely voluntarily to cause grievous hurt in resisting the distress, A will
also be liable to punishment for each of the offences.
Liability of abettor for an effect caused by the act
abetted different from that intended by the abettor
113. When an act is
abetted with the intention on the part of the abettor of causing a particular
effect, and an act for which the abettor is liable in consequence of the
abetment, causes a different effect from that intended by the abettor, the
abettor is liable for the effect caused, in the same manner and to the same
extent as if he had abetted the act with the intention of causing that effect,
provided he knew that the act abetted was likely to cause that effect.
Illustration
A instigates B to
cause grievous hurt to Z. B, in consequence of the instigation, causes grievous
hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt
abetted was likely to cause death, A is liable to be punished with the
punishment provided for murder.
Abettor present when offence is committed
114. Whenever any
person, who if absent would be liable to be punished as an abettor, is present
when the act or offence for which he would be punishable in consequence of the
abetment is committed, he shall be deemed to have committed such act or
offence.
Abetment of offence punishable with death or
imprisonment for life- if offence be not committed; if act causing harm be done
in consequence
115. Whoever abets
the commission of an offence punishable with death or 36[ imprisonment] for
life, shall, if that offence be not committed in consequence of the abetment,
and no express provision is made by this Code for the punishment of such
abetment, be punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine;
and if any act for
which the abettor is liable in consequence of the abetment, and which causes
hurt to any person, is done, the abettor shall be liable to imprisonment of
either description for a term which may extend to fourteen years, and shall
also be liable to fine.
Illustration
A instigates B to
murder Z. The offence is not committed. If B had murdered Z, he would have been
subject to the punishment of death or 37[ imprisonment] for life. Therefore A
is liable to imprisonment for a term which may extend to seven years and also
to a fine; and, if any hurt be done to Z in consequence of the abetment, he will
be liable to imprisonment for a term which may extend to fourteen years, and to
fine.
Abetment of offence punishable with imprisonment– if
offence be not committed; if abettor or person abetted be a public servant
whose duty it is to prevent offence
116. Whoever abets
an offence punishable with imprisonment shall, if that offence be not committed
in consequence of the abetment, and no express provision is made by this Code
for the punishment of such abetment, be punished with imprisonment of any description
provided for that offence for a term which may extend to one-fourth part of the
longest term provided for that offence; or with such fine as is provided for
that offence, or with both;
and if the abettor
or the person abetted is a public servant, whose duty it is to prevent the
commission of such offence, the abettor shall be punished with imprisonment of
any description provided for that offence, for a term which may extend to
one-half of the longest term provided for that offence, or with such fine as is
provided for the offence, or with both.
Illustrations
(a) A offers a bribe
to B, a public servant, as a reward for showing A some favour in the exercise
of B's official functions. B refuses to accept the bribe. A is punishable under
this section.
(b) A instigates B
to give false evidence. Here, if B does not give false evidence, A has
nevertheless committed the offence defined in this section, and is punishable
accordingly.
(c) A, a
police-officer, whose duty it is to prevent robbery, abets the commission of
robbery. Here, though the robbery be not committed, A is liable to one-half of
the longest term of imprisonment provided for that offence, and also to fine.
(d) B abets the
commission of a robbery by A, a police-officer, whose duty it is to prevent
that offence. Here though the robbery be not committed, B is liable to one-half
of the longest term of imprisonment provided for the offence of robbery, and
also to fine.
Abetting commission of offence by the public, or by
more than ten persons
117. Whoever abets
the commission of an offence by the public generally or by any number or class
of persons exceeding ten, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or with
both.
Illustration
A affixes in a
public place a placard instigating a sect consisting of more than ten members
to meet at a certain time and place, for the purpose of attacking the members
of an adverse sect, while engaged in a procession. A has committed the offence
defined in this section.
Concealing design to commit offence punishable with
death or imprisonment for life- if offence be committed; if offence be not
committed
118. Whoever
intending to facilitate or knowing it to be likely that he will thereby facilitate
the commission of an offence punishable with death or 38[ imprisonment] for
life,
voluntarily
conceals, by any act or illegal omission, the existence of a design to commit
such offence or makes any representation which he knows to be false respecting such
design,
shall, if that
offence be committed, be punished with imprisonment of either description for a
term which may extend to seven years, or, if the offence be not committed, with
imprisonment of either description for a term which may extend to three years;
and in either case shall also be liable to fine.
Illustration
A, knowing that
dacoity is about to be committed at B, falsely informs the Magistrate that a
dacoity is about to be committed at C, a place in an opposite direction, and
thereby misleads the Magistrate with intent to facilitate the commission of the
offence. The dacoity is committed at B in pursuance of the design. A is
punishable under this section.
Public servant concealing design to commit offence
which it is his duty to prevent-
119. Whoever, being
a public servant intending to facilitate or knowing it to be likely that he
will thereby facilitate the commission of an offence which it is his duty as
such public servant to prevent,
voluntarily
conceals, by any act or illegal omission, the existence of a design to commit
such offence, or makes any representation which he knows to be false respecting
such design,
if offence be
committed;
shall, if the
offence be committed, be punished with imprisonment of any description provided
for the offence, for a term which may extend to one-half of the longest term of
such imprisonment, or with such fine as is provided for that offence, or with
both;
if offence be
punishable with death, etc;
or, if the offence
be punishable with death or 39[ imprisonment] for life, with imprisonment of
either description for a term which may extend to ten years;
if offence be not
committed
or, if the offence
be not committed, shall be punished with imprisonment of any description
provided for the offence for a term which may extend to one-fourth part of the
longest term of such imprisonment or with such fine as is provided for the
offence, or with both.
Illustration
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.
Concealing design to commit offence punishable with
imprisonment
120. Whoever,
intending to facilitate or knowing it to be likely that he will thereby
facilitate the commission of an offence punishable with imprisonment,
voluntarily
conceals, by any act or illegal omission, the existence of a design to commit
such offence, or makes any representation which he knows to be false respecting
such design,
if offence be committed; if offence be not committed
shall, if the
offence be committed, be punished with imprisonment of the description provided
for the offence, for a term which may extend to one-fourth, and, if the offence
be not committed, to one-eighth, of the longest term of such imprisonment, or
with such fine as is provided for the offence, or with both.
40 CHAPTER VA
CRIMINAL CONSPIRACY
Definition of criminal conspiracy
120A. When two or
more persons agree to do, or cause to be done,-
(1) an illegal act,
or
(2) an act which is
not illegal by illegal means, such an agreement is designated a criminal
conspiracy:
Provided that no
agreement except an agreement to commit an offence shall amount to a criminal
conspiracy unless some act besides the agreement is done by one or more parties
to such agreement in pursuance thereof.
Explanation.-It is
immaterial whether the illegal act is the ultimate object of such agreement, or
is merely incidental to that object.
Punishment of criminal conspiracy
120B. (1) Whoever is
a party to a criminal conspiracy to commit an offence punishable with death,
41[ 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
Waging or attempting to wage war, or abeting waging of
war, against Bangladesh
121. Whoever wages
war against Bangladesh, or attempts to wage such war, or abets the waging of
such war, shall be punished with death, or 42[ imprisonment] for life, and
shall also be liable to fine.Illustration
A joins an
insurrection against Bangladesh. A has committed the offence defined in this
section.
Conspiracy to commit
offences punishable by section 121
43[121A. Whoever
within or without Bangladesh conspires to commit any of the offences punishable
by section 121, or to deprive Bangladesh of the sovereignty of her territories
or of any part thereof, or conspires to overawe, by means of criminal force or
the show of criminal force, the Government, shall be punished with 44[
imprisonment for life] or with imprisonment of either description which may
extend to ten years, and shall also be liable to fine.]
Explanation.-To
constitute a conspiracy under this section, it is not necessary that any act or
illegal omission shall take place in pursuance.
Collecting arms, etc, with intention of waging war
against Bangladesh
122. Whoever
collects men, arms or ammunition or otherwise prepares to wage war with the
intention of either waging or being prepared to wage war against Bangladesh,
shall be punished with 45[ imprisonment] for life or imprisonment of either
description for a term not exceeding ten years, and shall also be liable to
fine.
Concealing with intent to facilitate design to wage
war
123. Whoever, by any
act, or by any illegal omission, conceals the existence of a design to wage war
against Bangladesh, intending by such concealment to facilitate, or knowing it
to be likely that such concealment will facilitate the waging of such war,
shall be punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
Condemnation of the creation of the State, and
advocacy of abolition of its sovereignty
46[123A. (I)
Whoever, with or without Bangladesh, with intent to influence, or knowing it to
be likely that he will influence, any person or the whole or any section of the
public, in a manner likely to be prejudicial to the safety of Bangladesh, or to
endanger the sovereignty of Bangladesh in respect of all or any of the
territories lying within its borders, shall by words, spoken or written, or by
signs or visible representation, condemn the creation of Bangladesh 47[ in
pursuance of the Proclamation of Independence on the twenty-sixth day of March,
1971], or advocate the curtailment or abolition of the sovereignty of
Bangladesh in respect of all or any of the territories lying within its
borders, whether by amalgamation with the territories of neighboring States or
otherwise, shall be punished with rigorous imprisonment which may extend to ten
years and shall also be liable to fine.
(2) Notwithstanding
anything contained in any other law for the time being in force, when any
person is proceeded against under this section, it shall be lawful for any
Court before which he may be produced in the course of the investigation or
trial, to make such order as it may think fit in respect of his movements, of his
association or communication with other persons, and of his activities in
regard to dissemination of news, propagation of opinions, until such time as
the case is finally decided.]
(3) Any Court which
is a Court of appeal or of revision in relation to the Court mentioned in
sub-section (2) may also make an order under that sub-section.]
Assaulting President, The Government, etc, with intent
to compel or restrain the exercise of any lawful power
124. Whoever, with
the intention of inducing or compelling the President of Bangladesh, or 48[ the
Government], to exercise or refrain from exercising in any manner any of the
lawful powers of the President, or 49[ the Government],
assaults, or
wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means
of criminal force or the show of criminal force, or attempts so to overawe, the
President, 50[ * * *],
shall be punished
with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
Sedition
51[124A. Whoever by
words, either spoken or written, or by signs, or by visible representation, or
otherwise, brings or attempts to bring into hatred or contempt, or excites or
attempts to excite disaffection towards, the Government established by law shall
be punished with 52[ imprisonment for life] or any shorter term, to which fine
may be added, or with imprisonment which may extend to three years, to which
fine may be added, or with fine.]
Explanation 1.-The
expression "disaffection" includes disloyalty and all feelings of
enmity.
Explanation
2.-Comments expressing disapprobation of the measures of the Government with a
view to obtain their alteration by lawful means, without exciting or attempting
to excite hatred, contempt or disaffection, do not constitute an offence under
this section.
Explanation
3.-Comments expressing disapprobation of the administrative or other action of
the Government without exciting or attempting to excite hatred, contempt or
disaffection, do not constitute an offence under this section.
Waging war against any Asiatic Power in alliance with
Bangladesh
125. Whoever wages
war against the Government of any Asiatic power in alliance or at peace with
Bangladesh or attempts to wage such war, or abets the waging of such war, shall
be punished with 53[ imprisonment] for life, to which fine may be added, or
with imprisonment of either description for a term which may extend to seven
years, to which fine may be added, or with fine.
Committing depredation on territories of Power at
peace with Bangladesh
126. Whoever commits
depredation, or makes preparations to commit depredation, on the territories of
any Power in alliance or at peace with Bangladesh, shall be punished with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine and to forfeiture of any property used or
intended to be used in committing such depredation, or acquired by such
depredation.
Receiving property taken by war or depredation
mentioned in sections 125 and 126
127. Whoever
receives any property knowing the same to have been taken in the commission of
any of the offences mentioned in sections 125 and 126, shall be punished with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine and to forfeiture of the property so received.
Public servant voluntarily allowing prisoner of State
or war to escape
128. Whoever, being
a public servant and having the custody of any State prisoner or prisoner of war,
voluntarily allows such prisoner to escape from any place in which such
prisoner is confined, shall be punished with 54[ imprisonment] for life, or
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
Public servant negligently suffering such prisoner to
escape
129. Whoever, being
a public servant and having the custody of any State prisoner or prisoner of
war, negligently suffers such prisoner to escape from any place of confinement
in
which such prisoner
is confined, shall be punished with simple imprisonment for a term which may
extend to three years, and shall also be liable to fine.
Aiding escape of, rescuing or harbouring such prisoner
130. Whoever
knowingly aids or assists any State prisoner or prisoner of war in escaping
from lawful custody, or rescues or attempts to rescue any such prisoner, or
harbours or conceals any such prisoner who has escaped from lawful custody, or
offers or attempts to offer any resistance to the recapture of such prisoner
shall be punished with 55[ imprisonment] for life, or with imprisonment of
either description for a term which may extend to ten years and shall also be
liable to fine.
Explanation.-A State
prisoner or prisoner of war, who is permitted to be at large on his parole
within certain limits in Bangladesh, is said to escape from lawful custody if
he goes beyond the limits within which he is allowed to be at large.
CHAPTER VII
OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
Abetting mutiny, or attempting to seduce a soldier,
sailor or airman from his duty
131. Whoever abets
the committing of mutiny by an officer, soldier, sailor or airman, in the Army,
Navy or Air Force of Bangladesh, or attempts to seduce any such officer,
soldier, sailor or airman from his allegiance or his duty, shall be punished
with 56[ imprisonment] for life, or with imprisonment of either description for
a term which may extend to ten years, and shall also be liable to fine.
Explanation.-In this
section the words "officer", “soldier", "sailor" and
"airman" include any person subject to the 57[ Army Act, 1952 or the
Navy Ordinance, 1961 or the Air Force Act, 1953], as the case may be.
Abetment of mutiny, if mutiny is committed in
consequence thereof
132. Whoever abets
the committing of mutiny by an officer, soldier, sailor or airman, in the Army,
Navy or Air Force of Bangladesh, shall, if mutiny be committed in consequence
of that abetment, be punished with death or with 58[ imprisonment] for life, or
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
Abetment of assault by soldier, sailor or airman on
his superior officer, when in execution of his office
133. Whoever, abets
an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air
Force of Bangladesh, on any superior officer being in the execution of his
office, shall be punished with imprisonment of either description for a term
which may extend to three years, and shall also be liable to fine.
Abetment of such assault, if the assault is committed
134. Whoever, abets
an assault by an officer, soldier sailor or airman, in the Army, Navy or Air
Force of Bangladesh, on any superior officer being in the execution of his
office, shall, if such assault be committed in consequence of that abetment be
punished with imprisonment of either description for a term which may extend to
seven years, and shall be liable to fine.
Abetment of desertion of soldier, sailor or airman
135. Whoever abets the
desertion of any officer, soldier, sailor or airman, in the Army, Navy or Air
Force of Bangladesh, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
Harbouring deserter
136. Whoever, except
as hereinafter excepted, knowing or having reason to believe that an officer,
soldier, sailor or airman, in the Army, Navy or Air Force of Bangladesh, has
deserted, harbours such officer, soldier, sailor or airman, shall be punished
with imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
Exception.-This
provision does not extend to the case in which the harbour is given by a wife
to her husband.
Deserter concealed on board merchant vessel through
negligence of master
137. The master or
person in charge of a merchant vessel, on board of which any deserter from the
Army, Navy or Air Force of Bangladesh is concealed, shall, though ignorant of
such concealment, be liable to a penalty not exceeding five hundred taka if he
might have known of such concealment but for some neglect of his duty as such
master or person in charge, or but for some want of discipline on board of the
vessel.
Abetment of act of insubordination by soldier, sailor
or airman
138. Whoever abets
what he knows to be an act of insubordination by an officer, soldier, sailor or
airman, in the Army, Navy or Air Force of Bangladesh, shall, if such act of
insubordination be committed in consequence of that abetment, be punished with
imprisonment of either description for a term which may extend to six months,
or with fine, or with both.
59[ Repealed]
138A. [Repealed by
section 2 and Schedule of the Amending Act, 1934 (Act No. XXXV of 1934).]
Persons subject to certain acts
139. No person
subject to the 60[ * * *] Army Act, 1952, the 61[ Navy Ordinance, 1961], the
62[ * * *] Air Force Act, 1953, is subject to punishment under this Code for
any of the offences defined in this Chapter.
Wearing garb or carrying token used by soldier, sailor
or airman
140. Whoever, not
being a soldier, sailor or airman in the Military, Naval or Air service of
Bangladesh, wears any garb or carries any token resembling any garb or token
used by such a soldier, sailor or airman with the intention that it may be
believed that he is such a soldier, sailor or airman, shall be punished with
imprisonment of either description for a term which may extend to three months,
or with fine which may extend to five hundred taka or with both.
CHAPTER VIII
OF OFFENCES AGAINST THE PUBLIC TRANQUILITY
Unlawful assembly
141. An assembly of
five or more persons is designated an "unlawful assembly," if the
common object of the persons composing that assembly is
First.-To overawe by
criminal force, or show of criminal force, Government or Legislature, or any
public servant in the exercise of the lawful power of such public servant; or
Second.-To resist
the execution of any law, or of any legal process; or
To commit any
mischief or criminal trespass, or other offence; orThird.
Fourth.-By means of
criminal force, or show of criminal force, to any person to take or obtain
possession of any property, or to deprive any person of the enjoyment of a
right of way, or of the use of water or other incorporeal right of which he is
in possession or enjoyment, or to enforce any right or supposed right; or
Fifth.-By means of
criminal force, or show of criminal force, to compel any person to do what he
is not legally bound to do, or to omit to do what he is legally entitled to do.
Explanation.-An
assembly which was not unlawful when it assembled, may subsequently become an
unlawful assembly.
Being member of unlawful assembly
142. Whoever, being
aware of facts which render any assembly an unlawful assembly, intentionally
joins that assembly, or continues in it, is said to be a member of an unlawful
assembly.
Punishment
143. Whoever is a
member of an unlawful assembly, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine, or with
both.
Joining unlawful assembly, armed with deadly weapon
144. Whoever, being
armed with any deadly weapon, or with anything which, used as a weapon of
offence, is likely to cause death, is a member of an unlawful assembly, shall
be punished with imprisonment of either description for a term which may extend
to two years, or with fine, or with both.
Joining or continuing in unlawful assembly, knowing it
has been commanding to disperse
145. Whoever joins
or continues in an unlawful assembly, knowing that such unlawful assembly has
been commanded in the manner prescribed by law to disperse, shall be punished
with imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
Rioting
146. Whenever force
or violence is used by an unlawful assembly, or by any member thereof, in
prosecution of the common object of such assembly, every member of such
assembly is guilty of the offence of rioting.
Punishment for rioting
147. Whoever is
guilty of rioting, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
Rioting, armed with deadly weapon
148. Whoever is
guilty of rioting, being armed with a deadly weapon or with anything which,
used as a weapon of offence, is likely to cause death, shall be punished with
imprisonment of either description for a term which may extend to three years,
or with fine, or with both.
Every member of unlawful assembly guilty of offence
committed in prosecution of common object
149. If an offence
is committed by any member of an unlawful assembly in prosecution of the common
object of that assembly, or such as the members of that assembly knew to be
likely to be committed in prosecution of that object, every person who, at the
time of the committing of that offence, is a member of the same assembly, is
guilty of that offence.
Hiring, or conniving at hiring, of persons to join
unlawful assembly
150. Whoever hires
or engages, or employs, or promotes, or connives at the hiring, engagement or
employment of any person to join or become a member of any unlawful assembly,
shall be punishable as a member of such unlawful assembly, and for any offence
which may be committed by any such person as a member of such unlawful assembly
in pursuance of such hiring, engagement or employment, in the same manner as if
he had been a member of such unlawful assembly, or himself had committed such
offence.
Knowingly joining or continuing in assembly of five or
more persons after it has been commanded to disperse
151. Whoever
knowingly joins or continues in any assembly of five or more persons likely to
cause a disturbance of the public peace, after such assembly has been lawfully
commanded to disperse, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine, or with
both.
Explanation.-If the
assembly is an unlawful assembly within the meaning of section 141, the
offender will be punishable under section 145.
Assaulting or obstructing public servant when
suppressing riot, etc
152. Whoever
assaults or threatens to assault, or obstructs or attempts to obstruct, any
public servant in the discharge of his duty as such public servant, in
endeavouring to disperse an unlawful assembly, or to suppress a riot or affray,
or uses, or threatens, or attempts to use criminal force to such public
servant, shall be punished with imprisonment of either description for a term
which may extend to three years or with fine, or with both.
Wantonly giving provocation with intent to cause riot-
if rioting be committed; if not committed
153. Whoever
malignantly, or wantonly, by doing anything which is illegal, gives provocation
to any person intending or knowing it to be likely that such provocation will
cause the offence of rioting to be committed, shall, if the offence of rioting
be committed in consequence of such provocation, be punished with imprisonment
of either description for a term which may extend to one year, or with fine, or
with both; and if the offence of rioting be not committed, with imprisonment of
either description for a term which may extend to six months, or with fine, or
with both.
Promoting enmity between classes
63[153A. Whoever by
words, either spoken or written, or by signs, or by visible representations, or
otherwise, promotes or attempts to promote feelings of enmity or hatred between
different classes of the citizens of Bangladesh, shall be punished with
imprisonment which may extend to two years, or with fine, or with both.]
Explanation.-It does
not amount to an offence within the meaning of this section to point out,
without malicious intention and with an honest view to their removal, matters
which are producing or have a tendency to produce, feelings of enmity or hatred
between different classes of the citizens of Bangladesh.
Inducing students, etc to take part in political
activity
64[153B. Whoever by
words, either spoken or written, or by signs, or by visible representations, or
otherwise, induce or attempts to induce any student, or any class of students,
or any institution interested in or connected with students, to take part in
any political activity which disturbs or undermines, or is likely to disturb or
undermine, the public order shall be punished with imprisonment which may
extend to two years or with fine, or with both.]
Owner or occupier of land on which an unlawful
assembly is held
154. Whenever any
unlawful assembly or riot takes place, the owner or occupier of the land upon
which such unlawful assembly is held, or such riot is committed, and any person
having or claiming an interest in such land, shall be punishable with fine not
exceeding one thousand taka, if he or his agent or manager, knowing that such
offence is being or has been committed, or having reason to believe it is
likely to be committed, do not give the earliest notice thereof in his or their
power to the principal officer at the nearest police-station, and do not, in
the case of his or their having reason to believe that it was about to be
committed, use all lawful means in his or their power to prevent it and, in the
event of its taking place, do not use all lawful means in his or their power to
disperse or suppress the riot or unlawful assembly.
Liability of person for whose benefit riot is
committed
155. Whenever a riot
is committed for the benefit or on behalf of any person who is the owner or
occupier of any land respecting which such riot takes place or who claims any
interest in such land, or in the subject of any dispute which gave rise to the
riot, or who has accepted or derived any 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 committed or that the unlawful assembly
by which such riot was 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 place, and for suppressing and dispersing the same.
Liability of agent of owner or occupier for whose
benefit riot is committed
156. Whenever a riot
is committed for the benefit or on behalf of any person who is the owner or
occupier of any land respecting which such riot takes place, or who claims any
interest in such land, or in the subject of any dispute which gave rise to the
riot, or who has accepted or derived any benefit therefrom,
the agent or manager
of such person shall be punishable with fine, if such agent or manager, having
reason to believe that such riot was likely to be committed, or that the
unlawful assembly by which such riot was committed was likely to be held, shall
not use all lawful means in his power to prevent such riot or assembly from
taking place and for suppressing and dispersing the same.
Harbouring persons hired for an unlawful assembly
157. Whoever
harbours, receives or assembles, in any house or premises in his occupation or
charge, or under his control any persons, knowing that such persons have been
hired, engaged or employed, or are about to be hired, engaged or employed, to
join or become members of an unlawful assembly, shall be punished with
imprisonment of either description for a term which may extend to six months,
or with fine, or with both.
Being hired to take part in an unlawful assembly or
riot; or to go armed
158. Whoever is
engaged or hired, or offers or attempts to be hired or engaged, to do or assist
in doing any of the acts specified in section 141, shall be punished with
imprisonment of either description for a term which may extend to six months,
or with fine, or with both.
and whoever, being
so engaged or hired as aforesaid, goes armed, or engages or offers to go armed,
with any deadly weapon or with anything which used as a weapon of offence is
likely to cause death, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with
both.
Affray
159. When two or
more persons, by fighting in a public place, disturb the public peace, they are
said to "commit an affray".
Punishment for committing affray
160. Whoever commits
an affray, shall be punished with imprisonment of either description for a term
which may extend to one month, or with fine which may extend to one hundred
taka, or with both.
CHAPTER IX
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
Public servant taking gratification other than legal
remuneration in respect of an official ac
161. Whoever, being
or expecting to be a public servant, accepts or obtains, or agrees to accept,
or attempts to obtain from any person, for himself or for any other person any
gratification whatever, other than legal remuneration, as a motive or reward
for doing or forbearing to do any official act or for showing or for bearing to
show, in the exercise of his official functions, favour or disfavour to any
person, or for rendering or attempting to render any service or disservice to
any person, with the Government or Legislature, or with any public servant, as
such, shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both.
Explanations-“Expecting
to be a public servant.” If a person not expecting to be in office obtains a
gratification by deceiving others into a belief that he is about to be in
office, and that he will then serve them, he may be guilty of cheating but he
is not guilty of the offence defined in this section.
“Gratification.” The
word “gratification” is not restricted to pecuniary gratifications, or to
gratifications estimable in money.
“Legal
remuneration.” The words “legal remuneration” are not restricted to
remuneration which a public servant can lawfully demand, but include all
remuneration which is permitted by the authority by which he is employed, to
accept.
“A motive or reward
for doing.” A person who receives a gratification as a motive for doing what he
does not intend to do, or as a reward for doing what he has not done, comes
within these words.
Illustrations
(a) A, a munsif,
obtains from Z, a banker, a situation in Z's bank for A's brother, as a reward
to A for deciding a cause in favour of Z. A has committed the offence defined
in this section.
(b) A, holding the
office of Consul at the Court of a foreign Power, accepts a lakh of taka from
the Minister of that Power. It does not appear that A accepted this sum as a
motive or reward for doing or forbearing to do any particular official act, or
for rendering or attempting to render any particular service to that Power with
the Government of Bangladesh. But it does appear that A accepted the sum as a
motive or reward for generally showing favour in the exercise of his official
functions to that Power. A has committed the offence defined in this section.
(c) A, a public
servant, induces Z erroneously to believe that A's influence with Government
has obtained a title for Z and thus induces Z to give A money as a reward for
this service. A has committed the offence defined in this section.
Taking gratification, in order, by corrupt or illegal
means, to influence public servant
162. Whoever accepts
or obtains, or agrees to accept, or attempts to obtain, from any person, for
himself or for any other person, any gratification whatever as a motive or
reward for inducing, by corrupt or illegal means, any public servant to do or
to forbear to do any official act, or in the exercise of the official functions
of such public servant to show favour or disfavour to any person, or to render
or attempt to render any service or disservice to any person with the
Government or Legislature, or with any public servant, as such, shall be
punished with imprisonment of either description for a term which may extend to
three years, or with fine, or with both.
Taking gratification, for exercise of personal
influence with public servant
163. Whoever accepts
or obtains, or agrees to accept or attempts to obtain, from any person, for
himself or for any other person, any gratification whatever, as a motive or
reward for inducing, by the exercise of personal influence, any public servant
to do or to forbear to do any official act, or in the exercise of the official
functions of such public servant to show favour or disfavour to any person, or
to render or attempt to render any service or disservice to any person with the
Government or Legislature, or with any public servant, as such, shall be
punished with simple imprisonment for a term which may extend to one year, or
with fine, or with both.
Illustration
An advocate who
receives a fee for arguing a case before a Judge; a person who receives pay for
arranging and correcting a memorial addressed to Government, setting forth the
services and claims of the memorialist; a paid agent for a condemned criminal,
who lays before the Government statements tending to show that the condemnation
was unjust, - are not within this section, inasmuch as they do not exercise or
profess to exercise personal influence.
Punishment for abetment by public servant of offences
defined in section 162 or 163
164. Whoever, being
a public servant, in respect of whom either of the offences defined in the last
two preceding sections is committed, abets the offence, shall be punished with
imprisonment of either description for a term which may extend to three years,
or with fine, or with both.
Illustration
A is a public
servant. B, A's wife, receives a present as a motive for soliciting A to give
an office to a particular person. A abets her doing so. B is punishable with
imprisonment for a term not exceeding one year, or with fine, or with both. A
is punishable with imprisonment for a term which may extend to three years, or
with fine, or with both.
Public servant obtaining valuable thing, without
consideration, from person concerned in proceeding or business transacted by
such public servant
165. Whoever, being
a public servant, accepts or obtains, or agrees to accept or attempts to
obtain, for himself, or for any other person, any valuable thing without
consideration, or for a consideration which he knows to be inadequate,
from any person whom
he knows to have been, or to be, or to be likely to be concerned in any
proceeding or business transacted or about to be transacted by such public
servant, or having any connection with the official functions of himself or of
any public servant to whom he is subordinate,
or from any person
whom he knows to be interested in or related to the person so concerned,
shall be punished
with imprisonment of either description for a term which may extend to three
years, or with fine, or with both.
Illustrations
(a) A, a Collector,
hires a house of Z, who has a settlement case pending before him. It is agreed
that A shall pay fifty taka a month, the house being such that, if the bargain
were made in good faith, A would be required to pay two hundred taka a month. A
has obtained a valuable thing from Z without adequate consideration.
(b) A, a Judge, buys
of Z, who has a case pending in A's Court, Government promissory notes at a
discount, when they are selling in the market at a premium. A has obtained a
valuable thing from Z without adequate consideration.
(c) Z's brother is
apprehended and taken before A, a Magistrate, on a charge of perjury. A sells
to Z shares in a bank at a premium, when they are selling in the market at a
discount. Z pays A for the shares accordingly. The money so obtained by A is a
valuable thing obtained by him without adequate consideration.
Punishment for abetment of offences defined in
sections 161 and 165
65[165A. Whoever
abets any offence punishable under section 161 or section 165 shall, whether
the offence abetted is or is not committed in consequence of the abetment, be
punished with the punishment provided for the offence.]
Certain abettors excepted
66[165B. A person
shall be deemed not to abet an offence punishable under section 161 or section
165 if he is induced, compelled, coerced, or intimidated to offer or give any
such gratification as is referred to in section 161 for any of the purposes
mentioned therein, or any valuable thing without consideration, or for an
inadequate consideration, to any such public servant as is referred to in
section 165.]
Public servant disobeying law, with intent to cause
injury to any person
166. Whoever, being
a public servant, knowingly disobeys any direction of the law as to the way in
which he is to conduct himself as such public servant, intending to cause, or
knowing it to be likely that he will, by such disobedience, cause injury to any
person, shall be punished with simple imprisonment for a term which may extend
to one year, or with fine, 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 likely thereby to cause injury
to Z. A has committed the offence defined in this section.
Public servant framing an incorrect document with
intent to cause injury
167. Whoever, being
a public servant, and being, as such public servant, charged with the
preparation or translation of any document, frames or translates that document
in a manner which he knows or believes to be incorrect, intending thereby to
cause or knowing it to be likely that he may thereby cause injury to any
person, shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both.
Public servant unlawfully engaging in trade
168. Whoever, being
a public servant, and being legally bound as such public servant not to engage
in trade, engages in trade, shall be punished with simple imprisonment for a
term which may extend to one year, or with fine, or with both.
Public servant unlawfully buying or bidding for
property
169. Whoever, being
a public servant, and being legally bound as such public servant, not to
purchase or bid for certain property, purchases or bids for that property,
either in his own name or in the name of another, or jointly, or in shares with
others, shall be punished with simple imprisonment for a term which may extend
to two years, or with fine, or with both; and the property, if purchased, shall
be confiscated.
Personating a public servant
170. Whoever
pretends to hold any particular office as a public servant, knowing that he
does not hold such office or falsely personates any other person holding such office,
and in such assumed character does or attempts to do any act under colour of
such office, shall be punished with imprisonment of either description, for a
term which may extend to two years, or with fine, or with both.
Wearing garb or carrying token used by public servant
with fraudulent intent
171. Whoever, not
belonging to a certain class of public servants, wears any garb or carries any
token resembling any garb or token used by that class of public servants, with
the intention that it may be believed, or with the knowledge that it is likely
to be believed, that he belongs to that class of public servants, shall be
punished with imprisonment of either description, for a term which may extend
to three months, or with fine which may extend to two hundred taka, or with
both.
67 CHAPTER IXA
OF OFFENCES RELATING TO ELECTIONS
“Candidate”, “Electoral right” defined
171A. For the
purposes of this Chapter -
(a)
"candidate" means a person who has been nominated as a candidate at
any election and includes a person who, when an election is in contemplation,
holds himself out as a prospective candidate thereat; provided that he is
subsequently nominated as a candidate at such election;
(b) "electoral
right" means the right of a person to stand, or not to stand as, or to
withdraw from being, a candidate or to vote or refrain from voting at an
election.
Bribery
171B. (1) Whoever-
(i) gives a
gratification to any person with the object of inducing him or any other person
to exercise any electoral right or of rewarding any person for having exercised
any such right; or
(ii) accepts either
for himself or for any other person any gratification as a reward for
exercising any such right or for inducing or attempting to induce any other
person to exercise any such right,
commits the offence
of bribery:
Provided that a
declaration of public policy or a promise of public action shall not be an
offence under this section.
(2) A person who
offers, or agrees to give, or offers or attempts to procure, a gratification
shall be deemed to give a gratification.
(3) A person who
obtains or agrees to accept or attempts to obtain a gratification shall be
deemed to accept a gratification, and a person who accepts a gratification as a
motive for doing what he does not intend to do, or as a reward for doing what
he has not done, shall be deemed to have accepted the gratification as a
reward.
Undue influence at elections
171C.(1) Whoever
voluntarily interferes or attempts to interfere with the free exercise of any
electoral right commits the offence of undue influence at an election.
(2)
Without prejudice to the generality of the provisions of sub-section (1),
whoever
(a) threatens any
candidate or voter, or any person in whom a candidate or voter is interested,
with injury of any kind, or
(b) induces or
attempts to induce a candidate or voter to believe that he or any person in
whom he is interested will become or will be rendered an object of Divine
displeasure or of spiritual censure,
shall be deemed to
interfere with the free exercise of the electoral right of such candidate or
voter, within the meaning of sub-section (1).
(3) A declaration of
public policy or a promise of public action, or the mere exercise of a legal
right without intent to interfere with an electoral right, shall not be deemed
to be interference within the meaning of this section.
Personation at elections
171D. Whoever at an
election applies for a voting paper or votes in the name of any other person,
whether living or dead, or in a fictitious name, or who having voted once at
such election applies at the same election for a voting paper in his own name,
and whoever abets, procures or attempts to procure the voting by any person in
any such way, commits the offence of personation at an election.
Punishment of bribery
171E. Whoever
commits the offence of bribery shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or with
both:
Provided that
bribery by treating shall be punished with fine only.
Explanation.-Treating
means that form of bribery where the gratification consists in food, drink,
entertainment, or provision.
Punishment for undue influence or personation at an
election
171F. Whoever
commits the offence of undue influence of personation at an election shall be
punished with imprisonment of either description for a term which may extend to
one year, or with fine, or with both.
False statement in connection with an election
171G. Whoever with
intent to affect the result of an election makes or publishes any statement
purporting to be a statement of fact which is false and which he either knows
or believes to be or does not believe to be true, in relation to the personal
character or conduct of any candidate shall be punished with fine.
Illegal payments in connection with an election
171H. Whoever
without the general or special authority in writing of a candidate incurs or
authorises expenses on account of the holding of any public meeting, or upon
any advertisement, circular or publication, or in any other way whatsoever for
the purpose of promoting or procuring the election of such candidate, shall be
punished with fine which may extend to five hundred taka:
Provided that if any
person having incurred any such expenses not exceeding the amount of ten taka
without authority obtains within ten days from the date on which such expenses
were incurred the approval in writing of the candidate, he shall be deemed to
have incurred such expenses with the authority of the candidate.
Failure to keep election accounts
171-I. Whoever being
required by any law for the time being in force on any rule having the force of
law to keep accounts of expenses incurred at or in connection with an election
fails to keep such accounts shall be punished with fine which may extend to
five hundred taka.]
CHAPTER X
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC
SERVANTS
Absconding to avoid service of summons or other
proceeding
172. Whoever
absconds in order to avoid being served with a summons, notice or order
proceeding from any public servant legally competent, as such public servant,
to issue such summons, notice or order, 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, or with both;
or, if the summons
or notice or order is to attend in person or by agent, or to produce a document
in a Court of Justice, with simple imprisonment for a term which may extend to
six month, or with fine which may extend to one thousand taka, or with both.
Preventing service of summons or other proceeding or
preventing publication thereof
173. Whoever in any
manner intentionally prevents the serving on himself, or on any other person,
of any summons, notice or order proceeding from any public servant legally
competent, as such public servant, to issue such summons, notice or order,
or intentionally
prevents the lawful affixing to any place of any such summons, notice or order,
or intentionally
removes any such summons, notice or order, from any place to which it is
lawfully affixed,
or intentionally
prevents the lawful making of any proclamation, under the authority of any
public servant legally competent, as such public servant, to direct such
proclamation to be made,
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, or with both;
or, if the summons,
notice, order or proclamation is to attend in person or by agent, or to produce
a document in a Court of Justice, with simple imprisonment for a term which may
extend to six months, or with fine which may extend to one thousand taka, or
with both.
Non-attendance in obedience to an order from public
servant
174. Whoever, being
legally bound to attend in person or by an agent at a certain place and time in
obedience to a summons, notice, order or proclamation proceeding from any
public servant legally competent, as such public servant, to issue the same,
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 him to depart,
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 or with both;
or, if the summons,
notice, order or proclamation is to attend in person or by agent in a Court of
Justice, with simple imprisonment for a term which may extend to six months, or
with fine which may extend to one thousand taka, or with both.
Illustrations
(a) A, being legally bound to appear before
the 68[ Supreme Court of Bangladesh] in obedience to a subpoena issuing from
that Court, intentionally omits to appear. A has committed the offence defined
in this section.
(b) A, being legally
bound to appear before a Zila Judge, as a witness, in obedience to a summons
issued by that Zila Judge, intentionally omits to appear. A has committed the
offence defined in this section.
Omission to produce document to public servant by
person legally bound to produce it
175. Whoever, being
legally bound to produce or deliver up any document to any public servant, as
such, intentionally omits so to produce or deliver up the same, 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, or with both;
or, if the document
is to be produced or delivered up to a Court of Justice, with simple
imprisonment for a term which may extend to six months, or with fine which may
extend to one thousand taka, or with both.
Illustration
A, being legally
bound to produce a document before a Zila Court, intentionally omits to produce
the same. A has committed the offence defined in this section.
Omission to give notice or information to public
servant by person legally bound to give it
176. Whoever, being
legally bound to give any notice or to furnish information on any subject to
any public servant, as such, intentionally omits to give such notice or to
furnish such information in the manner and at the time required by law, 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, or with both;
or, if the notice or
information required to be given respects the commission of an offence, or is
required for the purpose of preventing the commission of an offence, or in
order to the apprehension of an offender, with simple imprisonment for a term
which may extend to six months, or with fine which may extend to one thousand
taka, or with both;
or, if the notice or
information required to be given is required by an order passed under
sub-section (1) of section 565 of the Code of Criminal Procedure, 1898, with
imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand taka, or with both.
Furnishing false information
177. Whoever, being
legally bound to furnish information on any subject to any public servant, as
such, furnishes, as true, information on the subject which he knows or has
reason to believe to be false, shall be punished with simple imprisonment for a
term which may extend to six months, or with fine which may extend to one thousand
taka, or with both;
or, if the
information which he is legally bound to give respects the commission of an
offence, or is required for the purpose of preventing the commission of an
offence, or in order to the apprehension of an offender, with imprisonment of
either description for a term which may extend to two years, or with fine, or
with both.
Illustrations
(b) A, a landholder, knowing of the commission
of a murder within the limits of his estate, wilfully misinforms the Magistrate
of the district that the death has occurred by accident in consequence of the
bite of a snake. A is guilty of the offence defined in this section.
(b) A, a village
watchman, knowing that a considerable body of strangers has passed through his
village in order to commit a dacoity in the house of Z, a wealthy merchant
residing in a neighbouring place, and being bound, under 69[ any law for the
time being in force], to give early and punctual information of the above fact
to the officer of the nearest police station, wilfully misinforms the
police-officer that a body of suspicious characters passed through the village
with a view to commit dacoity in a certain distant place in different
direction. Here A is guilty of the offence defined in the latter part of this
section.
Explanation.-In
section 176 and in this section the word "offence" includes any act
committed at any place out of Bangladesh, which, if committed in Bangladesh,
would be punishable under any of the following sections, namely, 302, 304, 382,
392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459
and 460; and the word "offender' includes any person who is alleged to
have been guilty of any such act.
Refusing oath or affirmation when duly required by
public servant to make it
178. Whoever refuses
to bind himself by an oath or affirmation to state the truth, when required so
to bind himself by a public servant legally competent to require that he shall
so bind himself, shall be punished with simple imprisonment for a term which
may extend to six months, or with fine which may extend to one thousand taka,
or with both.
Refusing to answer public servant authorized to
question
179. Whoever, being
legally bound to state the truth on any subject to any public servant, refuses
to answer any question demanded of him touching that subject by such public
servant in the exercise of the legal powers of such public servant, shall be
punished with simple imprisonment for a term which may extend to six months, or
with fine which may extend to one thousand taka, or with both.
Refusing to sign statement
180. Whoever refuses
to sign any statement made by him, when required to sign that statement by a
public servant legally competent to require that he shall sign that statement,
shall be punished with simple imprisonment for a term which may extend to three
months, or with fine which may extend to five hundred taka, or with both.
False statement on oath or affirmation to public
servant or person authorized to administer an oath or affirmation
181. Whoever, being
legally bound by an oath or affirmation to state the truth on any subject to
any public servant or other person authorized by law to administer such oath or
affirmation, makes, to such public servant or other person or as aforesaid,
touching that subject, any statement which is false, and which he either knows
or believes to be false or does not believe to be true, shall be punished with
imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine.
False information with intent to cause public servant
to use his lawful power to the injury of another person
182. Whoever gives
to any public servant any information which he knows or believes to be false,
intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant
(a) to do or omit
anything which such public servant ought not to do or omit if the true state of
facts respecting which such information is given were known by him, or
(b) to use the
lawful power of such public servant to the injury or annoyance of any person,
shall be punished
with imprisonment of either description for a term which may extend to six
months, or with fine may extend to one thousand taka, or with both.
Illustrations
(a) A informs a
Magistrate that Z, a police officer, subordinate to such Magistrate, has been
guilty of neglect of duty or misconduct knowing such information to be false,
and knowing it to be likely that the information will cause the Magistrate to
dismiss Z. A has committed the offence defined in this section.
(b) A falsely
informs a public servant that Z has contraband salt in a secret place, knowing
such information to be false, and knowing that it is likely that the
consequence of the information will be a search of Z's premises, attended with
annoyance to Z. A has committed the offence defined in this section.
(c) A falsely
informs a policeman that he has been assaulted and robbed in the neighborhood
of a particular village. He does not mention the name of any person as one of
his assailants, but knows it to be likely that in consequence of this
information the police will make enquiries and institute searches in the
village to the annoyance of the villagers or some of them. A has committed an
offence under this section.
Resistance to the taking of property by the lawful
authority of a public servant
183. Whoever offers
any resistance to the taking of any property by the lawful authority of any
public servant, knowing or having reason to believe that he is such public
servant, shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to one thousand
taka, or with both.
Obstructing sale of property offered for sale by
authority of public servant
184. Whoever
intentionally obstructs any sale of property offered for sale by the lawful
authority of any public servant, as such, shall be punished with imprisonment
of either description for a term which may extend to one month, or with fine
which may extend to five hundred taka, or with both.
Illegal purchase or bid for property offered for sale
by authority of public servant
185. Whoever, at any
sale of property held by the lawful authority of a public servant, as such,
purchases or bids for any property on account of any person, whether himself or
any other, whom he knows to be under a legal incapacity to purchase that
property at that sale, or bids for such property not intending to perform the
obligations under which he lays himself by such bidding, shall be punished with
imprisonment of either description for a term which may extend to one month, or
with fine which may extend to two hundred taka, or with both.
Obstructing public servant in discharge of public
functions
186. Whoever
voluntarily obstructs any public servant in the discharge of his public
functions, shall be punished with imprisonment of either description for a term
which may extend to three months, or with fine which may extend to five hundred
taka, or with both.
Omission to assist public servant when bound by law to
give assistance
187. Whoever, being
bound by law to render or furnish assistance to any public servant in the
execution of his public duty, intentionally omits to give such assistance,
shall be punished with simple imprisonment for a term which may extend to one
month, or with fine which may extend to two hundred taka, or with both;
and if such
assistance be demanded of him by a public servant legally competent to make
such demand for the purposes of executing any process lawfully issued by a
Court of Justice, or of preventing the commission of an offence, or of
suppressing a riot, or affray, or of apprehending a person charged with or
guilty of an offence, or of having escaped from lawful custody, shall be punished
with simple imprisonment for a term which may extend to six months, or with
fine which may extend to five hundred taka, or with both.
Disobedience to order duly promulgated by public
servant
188. Whoever,
knowing that, by an order promulgated by a public servant lawfully empowered to
promulgate such order, he is directed to abstain from a certain act, or to take
certain order with certain property in his possession or under his management,
disobeys such direction,
shall, if such
disobedience causes or tends to cause obstruction, annoyance or injury, or risk
of obstruction, annoyance or injury, to any persons lawfully employed, be
punished with simple imprisonment for a term which may extend to one month or
with fine which may extend to two hundred taka, or with both;
and if such
disobedience causes or tends to cause danger to human life, health or safety,
or causes or tends to cause a riot or affray, shall be punished with
imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand taka, or with both.
Explanation.-It is
not necessary that the offender should intend to produce harm, or contemplate
his disobedience as likely to produce harm. It is sufficient that he knows of
the order which he disobeys, and that his disobedience produces, or is likely
to produce, harm.
Illustration
An order is
promulgated by a public servant lawfully empowered to promulgate such order,
directing that a religious procession shall not pass down a certain street. A
knowingly disobeys the order, and thereby causes danger of riot. A has
committed the offence defined in this section.
Threat of injury to public servant
189. Whoever holds
out any threat of injury to any public servant, or to any person in whom he
believes that public servant to be interested, for the purpose of inducing that
public servant to do any act, or to forbear or delay to do any act, connected
with the exercise of the public functions of such public servant, shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
Threat of injury to induce person to refrain from
applying for protection to public servant
190. Whoever holds
out any threat of injury to any person for the purpose of inducing that person
to refrain or desist from making a legal application for protection against any
injury to any public servant legally empowered as such to give such protection,
or to cause such protection to be given, shall be punished with imprisonment of
either description for a term which may extend to one year, or with fine, or
with both.
CHAPTER XI
OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
Giving false evidence
191. Whoever being
legally bound by an oath or by an express provision of law to state the truth,
or being bound by law to make a declaration upon any subject, makes any
statement which is false, and which he either knows or believes to be false or
does not believe to be true, is said to give false evidence. Explanation 1.-A
statement is within the meaning of this section, whether it is made verbally or
otherwise.
Explanation 2.-A
false statement as to the belief of the person attesting is within the meaning
of this section, and a person may be guilty 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 know.
Illustrations
(a) A, in support of
a just claim which B has against Z for one thousand taka falsely swears on a
trial that he heard Z admit the justice of B's claim, A has given false
evidence.
(b) A, being bound
by an oath to state the truth, states that he believes a certain signature to
be the handwriting of Z, when he does not believe it to be the handwriting of
Z. Here A states that which he knows to be false, and therefore gives false
evidence.
(c) A, Knowing the
general character of Z's handwriting, states that he believes a certain
signature to be the handwriting of Z; A in good faith believing it to be so.
Here A's statement is merely as to his belief, and is true as to his belief,
and therefore, although the signature may not be the handwriting of Z, A has
not given false evidence.
(d) A, being bound
by an oath to state the truth, states that he knows that Z was at a particular
place on a particular day, not knowing anything upon the subject. A gives false
evidence whether Z was at that place on the day named or not.
(e) A, an
interpreter or translator, gives or certifies as a true interpretation or
translation of a statement of document, which he is bound by oath to interpret
or translate truly, that which is not and which he does not believe to be a
true interpretation or translation. A has given false evidence.
Fabricating false evidence
192. Whoever causes
any circumstance to exist or makes any false entry in any book or record, or
makes any document containing a false statement, intending that such
circumstance, false entry or false statement may appear in evidence in a
judicial proceeding, or in a proceeding taken by law before
a public servant as
such, or before an arbitrator, and that such
circumstance, false
entry or false statement, so appearing in evidence, may cause any person who in
such proceeding is to form an opinion upon the evidence, to entertain an
erroneous opinion touching any point material to the result of such proceeding,
is said "to fabricate the evidence.”
Illustrations
(a) A puts jewels
into a box belonging to Z, with the intention that they may be found in that
box, and that this circumstance may cause Z to be convicted of theft. A has
fabricated false evidence.
(b) A makes a false
entry in his Shop-book for the purpose of using it as corroborative evidence in
a Court of Justice. A has fabricated false evidence.
(c) A, with the intention of causing Z to be
convicted of a criminal conspiracy, writes a letter in imitation of Z's
handwriting purporting to be addressed to an accomplice in such criminal
conspiracy, and puts the letter in a place which he knows that the officers of
the Police are likely to search. A has fabricated false evidence.
Punishment for false evidence
193. Whoever
intentionally gives false evidence in any stage of judicial proceeding, or
fabricates false evidence for the purpose of being used in any stage of a
judicial proceeding, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine;
and whoever
intentionally gives or fabricates false evidence in any other case, shall be
punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine.
Explanation 1.-A
trial before a Court-martial is a judicial proceeding.
Explanation 2.-An
investigation directed by law preliminary to a proceeding before a Court of
Justice, is a stage of a judicial proceeding, though that investigation may not
take place before a Court of Justice.
Illustration
A, in an enquiry
before a Magistrate for the purpose of ascertaining whether Z ought to be
committed for trial, makes on oath a statement which he knows to be false. As
this enquiry is a stage of a judicial proceeding. A has given false evidence.
Explanation 3.-An
investigation directed by a Court of Justice according to law, and conducted
under the authority of a Court of Justice, is a stage of a judicial proceeding,
though that investigation may not take place before a Court of Justice.
Illustration
A, in an enquiry
before an officer deputed by a Court of Justice to ascertain on the spot the
boundaries of land, makes on oath a statement which he knows to be false. As
this enquiry is a stage of a judicial proceeding, A has given false evidence.
Giving or fabricating false evidence with intent to
procure conviction of capital offence; if innocent person be thereby convicted
and executed
194. Whoever gives
or fabricates false evidence, intending thereby to cause, or knowing it to be
likely that he will thereby cause, any person to be convicted of an offence
which is capital by any law for the time being in force, shall be punished with
70[ imprisonment] for life, or with rigorous imprisonment for a term which may
extend to ten years, and shall also be liable to fine;
and if an innocent
person be convicted and executed in consequence of such false evidence, the
person who gives such false evidence shall be punished either with death or the
punishment herein before described.
Giving or fabricating false evidence with intent to
procure conviction of offence punishable with imprisonment for life or
imprisonment
195. Whoever gives
or fabricates false evidence intending thereby to cause, or knowing it to be
likely that he will thereby cause, any person to be convicted of an offence which
by any law for the time being in force is not capital, but punishable with 71[
imprisonment for life], or imprisonment for a term of seven
years or upwards,
shall be punished as a person convicted of that offence would be liable to be
punished.
Illustration
A gives false
evidence before a Court of Justice, intending thereby to cause Z to be
convicted of a dacoity. The punishment of dacoity is 72[ imprisonment for
life], or rigorous imprisonment for a term which may extend to ten years, with
or without fine. A, therefore, is liable to 73[ such imprisonment for life] or
imprisonment, with or without fine.
Using evidence known to be false
196. Whoever
corruptly uses or attempts to use as true or genuine evidence, any evidence
which he knows to be false or fabricated, shall be punished in the same manner
as if he gave or fabricated false evidence.
Issuing or signing false certificate
197. Whoever issues
or signs any certificate required by law to be given or signed, or relating to
any fact of which such certificate is by law admissible in evidence, knowing or
believing that such certificate is false in any material point, shall be
punished in the same manner as if he gave false evidence.
Using as true a certificate known to be false
198. Whoever corruptly
uses or attempts to use any such certificate as a true certificate, knowing the
same to be false in any material point, shall be punished in the same manner as
if he gave false evidence.
False statement made in declaration which is by law
receivable as evidence
199. Whoever, in any
declaration made or subscribed by him, which declaration any Court of Justice,
or any public servant or other persons, is bound or authorized by law to
receive as evidence of any fact, makes any statement which is false, and which
he either knows or believes to be false or does not believe to be true,
touching any point material to the object for which the declaration is made or
used, shall be punished in the same manner as if he gave false evidence.
Using as true such declaration knowing it to be false
200. Whoever
corruptly uses or attempts to use as true any such declaration, knowing the
same to be false in any material point, shall be punished in the same manner as
if he gave false evidence.
Explanation.-A declaration
which is inadmissible merely upon the ground of some informality, is a
declaration within the meaning of sections 199 and 200.
Causing disappearance of evidence of offence, or
giving false information to screen offender- if a capital offence; if punishable
with imprisonment for life; if punishable with less than ten years’
imprisonment
201. Whoever,
knowing or having reason to believe that an offence has been committed, causes
any evidence of the commission of that offence to disappear, with the intention
of screening the offender from legal punishment, or with that intention gives
any information respecting the offence which he knows or believes to be false,
shall, if the
offence which he knows or believes to have been committed is punishable with death,
be punished with imprisonment of either description for a term which may extend
to seven years, and shall also be liable to fine;
and if the offence
is punishable with 74[ imprisonment for life], or with imprisonment which may
extend to ten years, shall be punished with imprisonment of either description
for a term which may extend to three years, and shall also be liable to fine;
and if the offence
is punishable with imprisonment for any term not extending to ten years, shall
be punished with imprisonment of the description provided for the offence, for
a term which may extend to one-fourth part of the longest term of the
imprisonment provided for the offence, or with fine, or with both.
Illustration
A, knowing that B
has murdered Z, assists B to hide the body with the intention of screening B
from punishment. A is liable to imprisonment of either description for seven
years, and also to fine.
Intentional omission to give information of offence by
person bound to inform
202. Whoever,
knowing or having reason to believe that an offence has been committed,
intentionally omits to give any information respecting that offence which he is
legally bound to give, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine, or with
both.
Giving false information respecting an offence
committed
203. Whoever,
knowing or having reason to believe that an offence has been committed, gives
any information respecting that offence which he knows or believes to be false,
shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
Explanation.-In
sections 201 and 202 and in this section the word "offence" includes
any act committed at any place out of Bangladesh, which, if committed in
Bangladesh, would be punishable under any of the following sections, namely,
302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450,
457, 458, 459 and 460.
Destruction of document to prevent its production as
evidence
204. Whoever secrets
or destroys any document which he may be lawfully compelled to produce as
evidence in a Court of Justice, or in any proceeding lawfully held before a
public servant, as such, or obliterates or renders illegible the whole or any
part of such document with the intention of preventing the same from being
produced or used as evidence before such Court or public servant as aforesaid,
or after he shall have been lawfully summoned or required to produce the same
for that purpose, shall be punished with imprisonment of either description for
a term which may extend to two years, or with fine, or with both.
False personation for purpose of act or proceeding in
suit or prosecution
205. Whoever falsely
personates another, and in such assumed character makes any admission or
statement, or confesses judgment, or causes any process to be issued or becomes
bail or security, or does any other act in any suit or criminal prosecution,
shall be punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
Fraudulent removal or concealment of property to
prevent its seizure as forfeited or in execution
206. Whoever
fraudulently removes, conceals, transfers or delivers to any person any
property or any interest therein, intending thereby to prevent that property or
interest therein from being taken as a forfeiture or in satisfaction of a fine,
under a sentence which has been pronounced, or which he knows to be likely to
be pronounced, by a Court of Justice or other competent authority, or from
being taken in execution of a decree or order which has been made, or which he
knows to be likely to be made by a Court of Justice in a civil suit, shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
Fraudulent claim to property to prevent its seizure as
forfeited or in execution
207. Whoever
fraudulently accepts, receives or claims any property or any interest therein,
knowing that he has no right or rightful claim to such property or interest, or
practices any deception touching any right to any property or any interest
therein, intending thereby to prevent that property or interest therein from
being taken as a forfeiture or in satisfaction of a fine, under a sentence
which has been pronounced, or which he knows to be likely to be pronounced by a
Court of Justice or other competent authority, or from being taken in execution
of a decree or order which has been made, or which he knows to be likely to be
made by a Court of Justice in a civil suit, shall be punished with imprisonment
of either description for a term which may extend to two years, or with fine,
or with both.
Fraudulently suffering decree for sum not due
208. Whoever
fraudulently causes or suffers a decree or order to be passed against him at
the suit of any person for a sum not due, or for a larger sum than is due to
such person or for any property or interest in property to which such person is
not entitled, or fraudulently causes or suffers a decree or order to be
executed against him after it has been satisfied, or for anything in respect of
which it has been satisfied, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with
both.
Illustration
A institutes a suit
against Z. Z, knowing that A is likely to obtain a decree against him
fraudulently suffers a judgment to pass against him for a larger amount at the
suit of B, who has no just claim against him, in order that B, either on his
own account or for the benefit of Z, may share in the proceeds of any sale of
Z's property which may be made under A's decree. Z has committed an offence
under this section.
Dishonestly making false claim in Court
209. Whoever
fraudulently or dishonestly, or with intent to injure or annoy any person,
makes in a Court of Justice any claim which he knows to be false, shall be
punished with imprisonment of either description for a term which may extend to
two years, and shall also be liable to fine.
Fraudulently obtaining decree for sum not due
210. Whoever
fraudulently obtains a decree or order against any person for a sum not due, or
for a larger sum than is due, or for any property or interest in property to
which he is not entitled, or fraudulently causes a decree or order to be
executed against any person after it has been satisfied or for anything in
respect of which it has been satisfied, or fraudulently suffers or permits any
such act to be done in his name, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with
both.
False charge of offence made with intent to injure
211. Whoever, with
intent to cause injury to any person, institutes or causes to be instituted any
criminal proceeding against that person, or falsely charges any person with
having committed an offence, knowing that there is no just or lawful ground for
such proceeding or charge against that person, shall be punished with
imprisonment of either description for a term which may extend to two years, or
with fine, or with both;
and if such criminal
proceeding be instituted on a false charge of an offence punishable with death,
75[ imprisonment] for life, or imprisonment for seven years or upwards, shall
be punishable with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
Harbouring offender if a capital offence; if
punishable with imprisonment for life, or with imprisonment
212. Whenever an
offence has been committed, whoever harbours or conceals a person whom he knows
or has reason to believe to be the offender, with the intention of screening
him from legal punishment,
shall, if the
offence is punishable with death, be punished with imprisonment of either
description for a term which may extend to five years, and shall also be liable
to fine;
and if the offence
is punishable with 76[ imprisonment] for life or with imprisonment which may
extend to ten years, shall be, punished with imprisonment of either description
for a term which may extend to three years, and shall also be liable to fine;
and if the offence
is punishable with imprisonment which may extend to one year, and not to ten
years, shall be punished with imprisonment of the description provided for the
offence for a term which may extend to one-fourth part of the longest term of
imprisonment provided for the offence, or with fine, or with both.
"Offence"
in this section includes any act committed at any place out of Bangladesh,
which, if committed in Bangladesh, would be punishable under any of the
following sections, namely, 302, 304, 382, 392, 393, 394, 395 396, 397, 398,
399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and every such act shall,
for the purposes of this section, be deemed to be punishable as if the accused
person had been guilty of it in Bangladesh.
This provision shall
not extend to any case in which the Exception. harbour or concealment is by the husband or wife of the
offender.
Illustration
A, knowing that B
has committed dacoity, knowingly conceals B in order to screen him from legal
punishment. Here, as B is liable to 77[ imprisonment] for life, A is liable to
imprisonment of either description for a term not exceeding three years, and is
also liable to fine.
Taking gift, etc, to screen an offender from
punishment- if a capital offence; if punishable with imprisonment for life, or
with imprisonment
213. Whoever accepts
or attempts to obtain, or agrees to accept, any gratification for himself or
any other person, or any restitution of property to himself or any other
person, in consideration of his concealing an offence or of his screening any
person from legal punishment for any offence, or of his not proceeding against
any person for the purpose of bringing him to legal punishment,
shall, if the
offence is punishable with death, be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine;
and if the offence
is punishable with 78[ imprisonment] for life, or with imprisonment which may
extend to ten yeas, shall be punished with imprisonment of either description
for a term which may extend to three years, and shall also be liable to fine;
and if the offence
is punishable with imprisonment not extending to ten years, shall be punished
with imprisonment of the description provided for the offence for a term which
may extend to one-fourth part of the longest term of imprisonment provided for
the offence, or with fine, or with both.
Offering gift or restoration of property in
consideration of screening offender- if a capital offence; if punishable with
imprisonment for life, or with imprisonment
214. Whoever gives
or causes, or offers or agrees to give or cause, any gratification to any
person, or to restore or cause the restoration of any property to any person,
in consideration of that person's concealing an offence, or of his screening
any person from legal punishment for any offence, or of his not proceeding
against any person for the purpose of bringing him to legal punishment,
shall, if the
offence is punishable with death, be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine;
and if the offence
is punishable with 79[ imprisonment] for life, or with imprisonment which may
extend to ten years, shall be punished with imprisonment of either description
for a term which may extend to three years, and shall also be liable to fine;
and if the offence
is punishable with imprisonment not extending to ten years, shall be punished
with imprisonment of the description provided for the offence for a term which
may extent to one-fourth part of the longest term of imprisonment provided for
the offence, or with fine, or with both.
Exception.-The
provisions of sections 213 and 214 do not extend to any case in which the
offence may lawfully be compounded.
Taking gift to help to recover stolen property, etc
215. Whoever takes
or agrees or consents to take any gratification under pretence or on account of
helping any person to recover any moveable property of which he shall have been
deprived by any offence punishable under this Code, shall, unless he uses all
means in his power to cause the offender to be apprehended and convicted of the
offence, be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both.
Harbouring offender
who has escaped from custody or whose apprehension has been ordered- if a
capital offence; if punishable with imprisonment for life, or with imprisonment
Taking gift to help to recover stolen property, etc.
216. Whenever any
person convicted of or charged with an offence, being in lawful custody for
that offence, escapes from such custody, Harbouring offender who has escaped
from custody or whose apprehension has been ordered
or whenever a public
servant, in the exercise of the lawful power of such public servant, orders a
certain person to be apprehended for an offence, whoever, knowing of such
escape or order for apprehension, harbours or conceals that person with the
intention of preventing him from being apprehended, shall be punished in the manner
following, that is to say,
if the offence for
which the person was in custody or is ordered to be apprehended is punishable
with death, he shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine; if a
capital offence;
if the offence is
punishable with 80[ imprisonment] for life, or imprisonment for ten years, he
shall be punished with imprisonment of either description for a term which may
extend to three years, with or without fine; if punishable with imprisonment
for life, or with imprisonment
and if the offence
is punishable with imprisonment which may extend to one year and not to ten
years, he shall be punished with imprisonment of the description provided for
the offence for a term which may extend to one-fourth part of the longest term
of the imprisonment provided for such offence or with fine, or with both.
“Offence” in this section includes also any
act or omission of which a person is alleged to have been guilty out of
Bangladesh which, if he had been guilty of it in Bangladesh, would have been
punishable as an offence, and for which he is, under any law relating to
extradition, or under the Fugitive Offenders Act, 1881, or otherwise, liable to
be apprehended or detained in custody in Bangladesh, and every such act or
omission shall, for the purpose of this section, be deemed to be punishable as
if the accused person had been guilty of it in Bangladesh.
Exception.–This
provision does not extend to the case in which the harbour or concealment is by
the husband or wife of the person to be apprehended.
Penalty for harbouring robbers or dacoits
216A. Whoever,
knowing or having reason to believe that any persons are about to commit or
have recently committed robbery or dacoity, harbours them or any of them, with
the intention of facilitating the commission of such robbery or dacoity, or of
screening them or any of them from punishment, shall be punished with rigorous
imprisonment for a term which may extend to seven years, and shall also be
liable to fine.
Explanation.-For the
purposes of this section it is immaterial whether the robbery or dacoity is
intended to be committed, or has been committed, within or without Bangladesh.
Exception.–This
provision does not extend to the case in which the harbour is by the husband or
wife of the offender.
81[ Omitted]
216B. [Omitted by
section 3 of the Penal Code (Amendment) Act, 1942 (Act No. VIII of 1942).]
Public servant disobeying direction of law with intent
to save person from punishment or property from forfeiture
217. Whoever, being
a public servant, knowingly disobeys any direction of the law as to the way in
which he is to conduct himself as such public servant, intending thereby to
save, or knowing it to be likely that he will thereby save, any person from
legal punishment, or subject him to a less punishment than that to which he is
liable or with intent to save, or knowing that he is likely thereby to save,
any property from forfeiture or any charge to which it is liable by law, shall
be punished with imprisonment of either description for a term which may extend
to two years, or with fine, or with both.
Public servant framing incorrect record or writing
with intent to save person from punishment or property from forfeiture
218. Whoever, being
a public servant, and being as such public servant, charged with the
preparation of any record or other writing, frames that record or writing in a
manner which he knows to be incorrect, with intent to cause, or knowing it to
be likely that he will thereby cause, loss or injury to the public or to any
person, or with intent thereby to save, or knowing it to be likely that he will
thereby save, any person from legal punishment, or with intent to save, or
knowing that he is likely thereby to save, any property from forfeiture or
other charge to which it is liable by law, shall be punished with imprisonment
of either description for a term which may extend to three years, or with fine,
or with both.
Public servant in judicial proceeding corruptly making
report, etc, contrary to law
219. Whoever, being
a public servant, corruptly or maliciously makes or pronounces in any stage of
a Judicial proceeding, any report, order, verdict, or decision which he knows
to be contrary to law, shall be punished with imprisonment of either
description for a term which may extend to seven years, or with fine, or with
both.
Commitment for trial or confinement by person having
authority who knows that he is acting contrary to law
220. Whoever, 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 maliciously
commits any person for trial or confinement, or keeps any person in
confinement, in the exercise of that authority, knowing that in so doing he is
acting contrary to law, shall be punished with imprisonment of either
description for a term which may extend to seven years, or with fine, or with
both.
Intentional omission to apprehend on the part of public
servant bound to apprehend
221. Whoever, being
a public servant, legally bound as such public servant to apprehend or to keep
in confinement any person charged with or liable to be apprehended for an
offence, intentionally omits to apprehend such person, or intentionally suffers
such person to escape, or intentionally aids such person in escaping or
attempting to escape from such
confinement, shall be punished as follows, that is to say:
with imprisonment of
either description for a term which may extend to seven years, with or without
fine, if the person in confinement, or who ought to have been apprehended, was
charged with, or liable to be apprehended for, an offence punishable with
death; or
with imprisonment of
either description for a term which may extend to three years, with or without
fine, if the person in confinement, or who ought to have been apprehended, was
charged with, or liable to be apprehended for, an offence punishable with 82[
imprisonment] for life or imprisonment for a term which may extend to ten
years; or
with imprisonment of
either description for a term which may extend to two years, with or without
fine, if the person in confinement, or who ought to have been apprehended, was
charged with, or liable to be apprehended for, an offence punishable with
imprisonment for a term less than ten years.
Intentional omission to apprehend on the part of
public servant bound to apprehend person under sentence or lawfully committed
222. Whoever, being
a public servant, legally bound as such public servant to apprehend or to keep
in confinement any person under sentence of a Court of Justice for any offence
or lawfully committed to custody, intentionally omits to apprehend such person,
or intentionally suffers such person to escape or intentionally aids such
person in escaping or attempting to escape from such confinement, shall be
punished as follows that is to say:-
with 83[
imprisonment for life] or with imprisonment of either description for a term
which may extend to fourteen years, with
or without fine, if
the person in confinement, or who ought to have been apprehended, is under
sentence of death; or
with imprisonment of
either description for a term which may extend to seven years, with or without
fine, if the person in confinement, or who ought to have been apprehended, is
subject, by a sentence of a Court of Justice, or by virtue of a commutation of
such sentence, to 84[ imprisonment for life]
85[ * * *] or
imprisonment for a term of ten years or upwards; or
with imprisonment of
either description for a term which may extend to three years, or with fine, or
with both, if the person in confinement, or who ought to have been apprehended
is subject, by a sentence of a Court of Justice, to imprisonment for a term not
extending to ten years or if the person was lawfully committed to custody.
Escape from confinement or custody negligently
suffered by public servant
223. Whoever, being
a public servant legally bound as such public servant to keep in confinement
any person charged with or convicted of any offence or lawfully committed to
custody, negligently suffers such persons to escape from confinement, shall be
punished with simple imprisonment for a term which may extend to two years, or
with fine, or with both.
Resistance or obstruction by a person to his lawful
apprehension
224. Whoever
intentionally offers any resistance or illegal obstruction to the lawful
apprehension of himself for any offence with which he is charged or of which he
has been convicted, or escapes or attempts to escape from any custody in which
he is lawfully detained for any such offence, shall be punished with
imprisonment of either description for a term which may extend to two years, or
with fine, or with both.
Explanation.-The
punishment in this section is in addition to the punishment for which the
person to be apprehended or detained in custody was liable for the offence with
which he was charged, or of which he was convicted.
Resistance or obstruction to lawful apprehension of
another person
225. Whoever
intentionally offers any resistance or illegal obstruction to the lawful
apprehension of any other person for an offence, or rescues or attempts to
rescue any other person from any custody in which that person is lawfully
detained for an offence, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with
both;
or, if the person to
be apprehended, or the person rescued or attempted to be rescued, is charged
with or liable to be apprehended for an offence punishable with 86[
imprisonment for life] or imprisonment for a term which may extend to ten
years, shall be punished with imprisonment of either description for a term
which may extend to three years, and shall also be liable to fine;
or, if the person to
be apprehended or rescued, or attempted to be rescued, is charged with or
liable to be apprehended for an offence punishable with death, shall be
punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine;
or, if the person to
be apprehended or rescued, or attempted to be rescued, is liable under the
sentence of a Court of Justice, or by virtue of a commutation of such a
sentence, to 87[ imprisonment for life], 88[ * * *] or imprisonment, for a term
of ten years or upwards, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine;
or, if the person to
be apprehended or rescued, or attempted to be rescued, is under sentence of
death, shall be punished with 89[ imprisonment for life] or imprisonment of
either description for a term not exceeding ten years, and shall also liable to
fine.
Omission to apprehend, or sufferance of escape, on
part of public servant, in cases not otherwise provided for
90[225A. Whoever,
being a public servant legally bound as such public servant to apprehend, or to
keep in confinement, any person in any case not provided for in section 221,
section 222 or section 223, or in any other law for the time being in force,
omits to apprehend that person or suffers him to escape from confinement, shall be punished
(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
(b) if he does so
negligently, with simple imprisonment for a term which may extend to two years,
or with fine, or with both.
Resistance or obstruction to lawful apprehension, or
escape or rescue, in cases not otherwise provided for
225B. Whoever, in
any case not provided for in section 224 or section 225 or in any other law for
the time being in force, intentionally offers any resistance or illegal
obstruction to the lawful apprehension of himself or of any other person, or
escapes or attempts to escape from any custody in which he is lawfully
detained, or rescues or attempts to rescue any other person from any custody in
which that person is lawfully detained, shall be punished with imprisonment of
either description for a term which may extend to six months, or with fine, or
with both.]
91[ Omitted]
226. [Omitted by section 18 of the Penal Code
(Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985).]
Violation of condition of remission of punishment
227. Whoever, having
accepted any conditional remission of punishment, knowingly violates any
condition on which such remission was granted, shall be punished with the
punishment to which he was originally sentenced, if he has already suffered no
part of that punishment, and if he has suffered any part of that punishment,
then with so much of that punishment as he has not already suffered.
Intentional insult or interruption to public servant
sitting in judicial proceeding
228. Whoever
intentionally offers any insult, or causes any interruption to any public
servant, while such public servant is sitting in any stage of a judicial
proceeding, shall be punished with simple imprisonment for a term which may
extend to six months, or with fine which may extend to one thousand taka, or
with both.
Personation of a juror or assessor
229. Whoever by
personation or otherwise, shall intentionally cause, or knowingly suffer
himself to be returned, empanelled or sworn as a juryman or assessor in any
case in which he knows that he is not entitled by law to be so returned,
empanelled or sworn, or knowing himself to have been so returned, empanelled or
sworn contrary to law, shall voluntarily serve on such jury or as such
assessor, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
CHAPTER XII
OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS
“Coin” defined
Bangladesh coin
230. Coin is metal
used for the time being as money, and stamped and issued by the authority of
some State or Sovereign Power in order to be so used.
Bangladesh coin is
metal stamped and issued by the authority of the Government 92[ * * *] in order
to be used as money; and metal which has been so stamped and issued shall
continue to be Bangladesh coin for the purposes of this Chapter,
notwithstanding that it may have ceased to be used as money.
Illustrations
(a) Cowries are not
coin.
(b) Lumps of
unstamped copper, though used as money, are not coin.
(c) Medals are not
coin, inasmuch as they are not intended to be used as money.
(d) The coin
denominated as the Company's taka is the Queen's coin.
(e) The
"Farukhabad" taka, which was formerly used as money under the
authority of the Government of India, is Bangladesh coin although it is no
longer so used.
Counterfeiting coin
231. Whoever
counterfeits or knowingly performs any part of the process of counterfeiting
coin, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.
Explanation.-A
person commits this offence who intending to practice deception, or knowing it
to be likely that deception will thereby be practiced, causes a genuine coin to
appear like a different coin.
Counterfeiting Bangladesh coin
232. Whoever
counterfeits, or knowingly performs any part of the process of counterfeiting
Bangladesh coin, shall be punished with imprisonment for life, or with 93[
imprisonment] of either description for a term which may extend to ten years,
and shall also be liable to fine.
Making or selling instrument for counterfeiting coin
233. Whoever makes
or mends, or performs any part of the process of making or mending, or buys,
sells or disposes of, any die or instrument, for the purpose of being used, or
knowing or having reason to believe that it is intended to be used, for the
purpose of counterfeiting coin, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also be
liable to fine.
Making or selling instrument for counterfeiting
Bangladesh coin
234. Whoever makes
or mends, or performs any part of the process of making or mending or buys, sells
or disposes of, any die or instrument, for the purpose of being used, or
knowing or having reason to believe that it is intended to be used, for the
purpose of counterfeiting Bangladesh coin, shall be punished with imprisonment
of either description for a term which may extend to seven years, and shall
also be liable to fine.
Possession of instrument or material for the purpose
of using the same for counterfeiting coin; if Bangladesh coin
235. Whoever is in
possession of any instrument or material, for the purpose of using the same for
counterfeiting coin, or knowing or having reason to believe that the same is
intended to be used for that purpose, shall be punished with imprisonment of
either description for a term which may extend to three years, and shall also
be liable to fine;
and if the coin to
be counterfeited is Bangladesh coin, shall be punished with imprisonment of
either description for a term which may extend to ten years, and shall also be
liable to fine.
Abetting in Bangladesh the counterfeiting out of
Bangladesh of coin
236. Whoever, being
within Bangladesh, abets the counterfeiting of coin out of Bangladesh shall be
punished in the same manner as if he abetted the counterfeiting of such coin
within Bangladesh.
Import or export of counterfeit coin
237. Whoever imports
into Bangladesh, or exports therefrom, any counterfeit coin, knowingly or
having reason to believe that the same is counterfeit, shall be punished with
imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine.
Import or export of counterfeits of Bangladesh coin
238. Whoever imports
into Bangladesh, or exports therefrom, any counterfeit coin which he knows or
has reason to believe to be a counterfeit of Bangladesh coin, shall be punished
with 94[ imprisonment] for life, or with imprisonment of either description for
a term which may extend to ten years, and shall also be liable to fine.
Delivery of coin, possessed with knowledge that it is
counterfeit
239. Whoever, having
any counterfeit coin which, at the time when he became possessed of it, he knew
to be counterfeit, fraudulently or with intent that fraud may be committed,
delivers the same to any person, or attempts to induce any person to receive
it, shall be punished with imprisonment of either description for a term which
may extend to five years, and shall also be liable to fine.
Delivery of Bangladesh coin, possessed with knowledge
that it is counterfeit
240. Whoever, having
any counterfeit coin, which is a counterfeit of Bangladesh coin, and which, at
the time when he became possessed of it, he knew to be a counterfeit of
Bangladesh coin, fraudulently or with intent that fraud may be committed,
delivers the same to any person, or attempts to induce any person to receive
it, shall be punished with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.
Delivery of coin as genuine, which, when first
possessed, the deliverer did not know to be counterfeit
241. Whoever
delivers to any other person as genuine, or attempts to induce any other person
to receive as genuine, any counterfeit coin which he knows to be counterfeit,
but which he did not know to be counterfeit at the time when he took it into
his possession, shall be punished with imprisonment of either description for a
term which may extend to two years, or with fine to an amount which may extend
is ten times the value of the coin counterfeited, or with both.
Illustration
A, a coiner,
delivers counterfeit Company's taka to his accomplice B, for the purpose of
uttering them. B sells the taka to C, another, utterer, who buys them knowing
them to be counterfeit. C pays away the taka for goods to D, who receives them,
not knowing them to be counterfeit. D after receiving the taka, discovers that
they are counterfeit and pays them away as if they were good. Here D is
punishable only under this section, but B and C are punishable under section
239 or 240, as the case may be.
Possession of counterfeit coin by person who knew it
to be counterfeit when he became possessed thereof
242. Whoever,
fraudulently or with intent that fraud may be committed, is in possession of
counterfeit coin, having known at the time when he became possessed thereof
that such coin was counterfeit, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also be
liable to fine.
Possession of Bangladesh coin by person who knew it to
be counterfeit when he became possessed thereof
243. Whoever,
fraudulently or with intent that fraud may be committed, is in possession of
counterfeit coin, which is a counterfeit of Bangladesh coin, having known at
the time when he became possessed of it that it was counterfeit, shall be
punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.
Person employed in mint causing coin to be of
different weight or composition from that fixed by law
244. Whoever, being
employed in any mint lawfully established in Bangladesh, does any act, or omits
what he is legally bound to do, with the intention of causing any coin issued
from that mint to be of a different weight or composition from the weight or
composition fixed by law, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall be liable to
fine.
Unlawfully taking coining instrument from mint
245. Whoever,
without lawful authority, takes out of any mint, lawfully established in Bangladesh,
any coining tool or instrument, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine.
Fraudulently or dishonesty diminishing weight or
altering composition of coin
246. Whoever
fraudulently or dishonestly performs on any coin any operation which diminishes
the weight or alters the composition of that coin, shall be punished with
imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine.
Explanation.-A
person who scoops out part of the coin and puts anything else into the cavity
alters the composition of that coin.
Fraudulently or dishonestly diminishing weight or
altering composition of Bangladesh coin
247. Whoever
fraudulently or dishonestly performs on any Bangladesh coin, any operation
which diminishes the weight or alters the composition of that coin, shall be
punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.
Altering appearance of coin with intent that it shall
pass as coin of different description
248. Whoever
performs on any coin any operation which alters the appearance of that coin,
with the intention that the said coin shall pass as a coin of a different
description, shall be punished with imprisonment of either description for a
term which may extend to three years, and shall also be liable to fine.
Altering appearance of Bangladesh coin, with intent
that it shall pass as coin of different description
249. Whoever
performs on any Bangladesh coin any operation which alters the appearance of
that coin, with the intention that the said coin shall pass as a coin of a
different description, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine.
Delivery of coin, possessed with knowledge that it is
altered
250. Whoever, having
coin in his possession with respect to which the offence defined in section 246
or 248 has been committed, and having known at the time when he became
possessed of such coin that such offence had been committed with respect to it,
fraudulently or with intent that fraud may be committed, delivers such coin to
any other person, or attempts to induce any other person to receive the same,
shall be punished with imprisonment of either description for a term which may
extend to five years, and shall also be liable to fine.
Delivery of Bangladesh coin, possessed with knowledge
that it is altered
251. Whoever, having
coin in his possession with respect to which the offence defined in section 247
or 249 has been committed, and having known at the time when he became
possessed of such coin that such offence had been committed with respect to it,
fraudulently or with intent that fraud may be committed, delivers such coin to
any other person, or attempts to induce any other person to receive the same,
shall be punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
Possession of coin by person who knew it to be altered
when he became possessed thereof
252. Whoever
fraudulently or with intent that fraud may be committed, is in possession of
coin with respect to which the offence defined in either of the section 246 or
248 has been committed, having known at the time of becoming possessed thereof
that such offence had been committed with respect to such coin, shall be
punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine.
Possession of Bangladesh coin by person who knew it to
be altered when he became possessed thereof
253. Whoever
fraudulently or with intent that fraud may be committed, is in possession of
coin with respect to which the offence defined in either of the section 247 or
249 has been committed having known at the time of becoming possessed thereof,
that such offence had been committed with respect to such coin, shall be
punished with imprisonment of either description for a term which may extend to
five years, and shall also be liable to fine.
Delivery of coin as genuine which, when first
possessed, the deliverer did not know to be altered
254. Whoever
delivers to any other person as genuine or as a coin of a different description
from what it is, or attempts to induce any person to receive as genuine, or as
a different coin from what it is, any coin in respect of which he knows that
any such operation as that mentioned in sections 246, 247, 248, or 249 has been
performed, but in respect of which he did not, at the time when he took it into
his possession, know that such operation had been performed, shall be punished
with imprisonment of either description for a term which may extend to two
years, or with fine to an amount which may extend to ten times the value of the
coin for which the altered coin is passed, or attempted to be passed.
Counterfeiting Government stamp
255. Whoever
counterfeits or knowingly performs any part of the process of counterfeiting,
any stamp issued by Government for the purpose of revenue, shall be punished
with 95[ imprisonment] for life or with imprisonment of either description for
a term which may extend to ten years, and shall also be liable to fine.
Explanation.-A
person commits this offence who counterfeits by causing a genuine stamp of one
denomination to appear like a genuine stamp of a different denomination.
Having possession of instrument or material for
counterfeiting Government stamp
256. Whoever has in
his possession any instrument or material for the purpose of being used, or
knowing or having reason to believe that it is intended to be used, for the
purpose of counterfeiting any stamp issued by Government for the purpose of
revenue, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.
Making or selling instrument for counterfeiting
Government stamp
257. Whoever makes
or performs any part of the process of making, or buys, or sells, or disposes
of, any instrument for the purpose of being used, or knowing or having reason
to believe that it is intended to be used, for the purpose of counterfeiting
any stamp issued by Government for the purpose of revenue, shall be punished
with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
Sale of counterfeit Government stamp
258. Whoever sells,
or offers for sale, any stamp which he knows or has reason to believe to be a
counterfeit of any stamp issued by Government for the purpose of revenue, shall
be punished with imprisonment of either description for a term which may extend
to seven years, and shall also be liable to fine.
Having possession of counterfeit Government stamp
259. Whoever has in
his possession any stamp which he knows to be a counterfeit of any stamp issued
by Government for the purpose of revenue, intending to use, or dispose of the
same as a genuine stamp, or in order that it may be used as a genuine stamp,
shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
Using as genuine a Government stamp known to be
counterfeit
260. Whoever uses as
genuine any stamp, knowing it to be a counterfeit of any stamp issued by
Government for the purpose of revenue, shall be punished with imprisonment of
either description for a term which may extend to seven years, or with fine, or
with both.
Effacing writing from substance bearing Government
stamp, or removing from document a stamp used for it, with intent to cause loss
to Government
261. Whoever
fraudulently or with intent to cause loss to the Government, removes or effaces
from any substance, bearing any stamp issued by Government for the purpose of
revenue, any writing or document for which such stamp has been used, or removes
from any writing or document a stamp which has been used for such writing or
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.
Using Government stamp known to have been before used
262. Whoever
fraudulently or with intent to cause loss to the Government, uses for any
purpose a stamp issued by Government for the purpose of revenue, which he knows
to have been before used, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with
both.
Erasure of mark denoting that stamp has been used
263. Whoever
fraudulently or with intent to cause loss to Government, erases or removes from
a stamp issued by Government for the purpose of 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 or sells or disposes of any such stamp
from which such mark has been erased or removed, or sells or disposes of any
such stamp which he knows to have been used, shall be punished with
imprisonment of either description for a term which may extend to three years,
or with fine, or with both.
Prohibition of fictitious stamps
96[263A.
(1) Whoever
(a) makes, knowingly
utters, deals in or sells any fictitious stamp, or knowingly uses for any
postal purpose any fictitious stamp, or
(b) has in his
possession, without lawful excuse, any fictitious stamp, or
(c) makes or,
without lawful excuse, has in his possession any die, plate, instrument or
materials for making any fictitious stamp,
shall be punished
with fine which may extend to two hundred taka.
(2) Any such stamp,
die, plate, instrument or materials in the possession of any person for making
any fictitious stamp may be seized and shall be forfeited.
(3) In this section
“fictitious stamp" means any stamp falsely purporting to be issued by
Government for the purpose of denoting a rate of postage or any facsimile or
imitation or representation, whether on paper or otherwise, of any stamp issued
by Government for that purpose.
(4) In this section
and also in sections 255 to 263, both inclusive, the word “Government"
when used in connection with, or in reference to, any stamp issued for the
purpose of denoting a rate of postage, shall, notwithstanding anything in section
17, be deemed to include the person or persons authorized by law to administer
executive government in any part of Bangladesh, and also in any part of Her
Majesty's dominions or in any foreign country.]
CHAPTER XIII
OF OFFENCES RELATING TO WEIGHTS AND MEASURES
Fraudulent use of false instrument for weighing
264. Whoever
fraudulently uses any instrument for weighing which he knows to be false, shall
be punished with imprisonment of either description for a term which may extend
to one year, or with fine, or with both.
Fraudulent use of false weight or measure
265. Whoever
fraudulently uses any false weight or false measure of length or capacity, or
fraudulently uses any weight or any measure of length or capacity as a
different weight or measure from what it is, shall be punished with
imprisonment of either description for a term which may extend to one year, or
with fine, or with both.
Being in possession of false weight or measure
266. Whoever is in
possession of any instrument for weighing, or of any weight, or of any measure
of length or capacity, which he knows to be false, and intending that the same
may be fraudulently used, shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or with
both.
Making or selling false weight or measure
267. Whoever makes,
sells or disposes of any instrument for weighing, or any weight, or any measure
of length or capacity which he knows to be false, in order that the same may be
used as true, or knowing that the same is likely to be used as true, shall be
punished with imprisonment of either description for a term which may extend to
one year, or with fine or with both.
CHAPTER XIV
OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY,
CONVENIENCE, DECENCY AND MORALS
Public nuisance
268. A person is
guilty of a public nuisance who does any act or is guilty of an illegal
omission which causes any common injury, danger or annoyance to the public or
to the people in general who dwell or occupy property in the vicinity, or which
must necessarily cause injury, obstruction, dangers or annoyance to persons who
may have occasion to use any public right.A common nuisance is not excused on
the ground that it causes some convenience or advantage.
Negligent act likely to spread infection of disease
dangerous to life
269. Whoever
unlawfully or negligently does any act which is, and which he knows or has
reason to believe to be, likely to spread the infection of any disease
dangerous to life, shall be punished with imprisonment of either description
for a term which may extend to six months, or with fine, or with both.
Malignant act likely to spread infection of disease
dangerous to life
270. Whoever
malignantly does any act which is, and which he knows or has reason to believe
to be, likely to spread the infection of any disease dangerous to life, shall
be punished with imprisonment of either description for a term which may extend
to two years, or with fine, or with both.
Disobedience to quarantine rule
271. Whoever
knowingly disobeys any rule made and promulgated by the Government for putting
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
regulating the intercourse between places where an infectious disease prevails
and other places, shall be punished with imprisonment of either description for
a term which may extend to six months, or with fine, or with both.
Adulteration of food or drink intended for sale
272. Whoever
adulterates any article of food or drink, so as to make such article noxious as
food or drink, intending to sell such article as food or drink, or knowing it
to be likely that the same will be sold as food or drink, shall be punished with
imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand taka, or with both.
Sale of noxious food or drink
273. Whoever sells,
or offers or exposes for sale, as food or drink, any article which has been
rendered or 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 punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand taka, or
with both.
Adulteration of drugs
274. Whoever
adulterates any drug or medical preparation in such a manner as to lessen the
efficacy or change the operation of such drug or medical preparation, or to
make it noxious, intending that it shall be sold or used for, or knowing it to
be likely that it will be sold or used for, any medicinal purpose, as if it had
not undergone such adulteration, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine which may
extend to one thousand taka, or with both.
Sale of adulterated drugs
275. Whoever,
knowing any drug or medical preparation to have been adulterated in such a
manner as to lessen its efficacy, to change its operation, or to render it
noxious, sells the same, or offers or exposes it for sale, or issues it from
any dispensary for medicinal purposes as unadulterated, or causes it to be used
for medicinal purposes by any person not knowing of the adulteration, shall be
punished with imprisonment of either description for a term which may extend to
six months, or with fine which may extend to one thousand taka, or with both.
Sale of drug as a different drug or preparation
276. Whoever
knowingly sells, or offers or exposes for sale, or issues from a dispensary for
medicinal purposes, any drug or medicinal preparation, as a different drug or
medical preparation, shall be punished with imprisonment of either description
for a term which may extend to six months, or with fine which may extend to one
thousand taka, or with both.
Fouling water or public spring or reservoir
277. Whoever
voluntarily corrupts or fouls the water of any public spring or reservoir, so
as to render it less fit for the purpose for which it is ordinarily used, shall
be punished with imprisonment of either description for a term which may extend
to three months, or with fine which may extend to five hundred taka or with
both.
Making atmosphere noxious to health
278. Whoever
voluntarily vitiates the atmosphere in any place so as to make it noxious to
the health of persons in general dwelling or carrying on business in the
neighborhood or passing along a public way, shall be punished with fine which
may extend to five hundred taka.
Rash driving or riding on a public way
279. Whoever drives
any vehicle, or rides, on any public way in a manner so rash or negligent as to
endanger human life, or to be likely to cause hurt or injury to any other
person, shall be punished with imprisonment of either description for a term
which may extend to 97[ three years, or with fine which may, subject to the
minimum of one thousand taka, extend to five thousand taka] or with both.
98[ Explanation. Any
person driving any vehicle, or riding, on any public way, in a speed which
exceeds the limit prescribed in this behalf by or under any law for the time
being in force shall, for the purpose of this section, be deemed to have driven
so rashly or negligently as to endanger human life, or cause hurt or injury to
any other person.]
Rash navigation of vessel
280. Whoever
navigates any vessel in a manner so rash or negligent as to endanger human
life, or to be likely to cause hurt or injury to any other person, shall be
punished with imprisonment of either description for a term which may extend to
six months, or with fine which may extend to one thousand taka, or with both.
Exhibition of false light, mark or buoy
281. Whoever
exhibits any false light, mark or buoy, intending or knowing it to be likely
that such exhibition will mislead any navigator, shall be punished with
imprisonment of either description for a term which may extend to seven years,
or with fine, or with both.
Conveying person by water for hire in unsafe or
over-loaded vessel
282. Whoever
knowingly or negligently conveys, or causes to be conveyed for, hire, any
person by water in any vessel, when that vessel is in such a state or so loaded
as to endanger the life of that person, shall be punished with imprisonment of
either description for a term which may extend to six months, or with fine
which may extend to one thousand taka, or with both.
Danger or obstruction in public way or line of
navigation
283. Whoever, by
doing any act, or by omitting to take order with any property in his possession
or under his charge, causes danger, obstruction or injury to any person in any
public way or public line of navigation, shall be punished with fine which may
extend to two hundred taka.
Negligent conduct with respect to poisonous substance
284. Whoever does,
with any poisonous substance, any act in a manner so rash or negligent as to
endanger human life, or to be likely to cause hurt or injury to any person,
or knowingly or
negligently omits to take such order with any poisonous substance in his
possession as is sufficient to guard against probable danger to human life from
such poisonous substance,
shall be punished
with imprisonment of either description for a term which may extend to six
months, or with fine, which may extend to one thousand taka, or with both.
Negligent conduct with respect to fire or combustible
matter
285. Whoever does,
with fire or any combustible matter, any act so rashly or negligently as to
endanger human life, or to be likely to cause hurt or injury to any other
person,
or knowingly or
negligently omits to take such order with any fire or any combustible matter in
his possession as is sufficient to guard against any probable danger to human
life from such fire or combustible matter,
shall be punished
with imprisonment of either description for a term which may extend to six
months, or with fine which may extend to one thousand taka, or with both.
Negligent conduct with respect to explosive substance
286. Whoever does,
with any explosive substance, any act so rashly or negligently as to endanger
human life, or to be likely to cause hurt or injury to any other person,
or knowingly or
negligently omits to take such order with any explosive substance in his
possession as is sufficient to guard against any probable danger to human life
from that substance,
shall be punished
with imprisonment of either description for a term which may extend to six
months, or with fine which may extend to one thousand taka, or with both.
Negligent conduct with respect to machinery
287. Whoever does,
with any machinery, any act so rashly or negligently as to endanger human life
or to be likely to cause hurt or injury to any other person,
or knowingly or
negligently omits to take such order with any machinery in his possession or
under his care as is sufficient to guard against any probable danger to human
life from such machinery,
shall be punished
with imprisonment of either description for a term which may extend to six
months, or with fine which may extend to one thousand taka, or with both.
Negligent conduct with respect to pulling down or
repairing buildings
288. Whoever, in
pulling down or repairing any building, knowingly or negligently omits to take
such order with that building as is sufficient to guard against any probable
danger to human life from the fall of that building, or of any part thereof,
shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand taka, or
with both.
Negligent conduct with respect to animal
289. Whoever
knowingly or negligently omits to take such order with any animal in his
possession as is sufficient to guard against any probable danger to human life,
or any probable danger of grievous hurt from such animal, shall be punished
with imprisonment of either description for a term which may extend to six
months, or with fine which may extend to one thousand taka, or with both.
Punishment for public nuisance in cases not otherwise
provided for
290. Whoever commits
a public nuisance in any case not otherwise punishable by this Code, shall be
punished with fine which may extend to two hundred taka.
Continuance of nuisance after injunction to
discontinue
291. Whoever repeats
or continues a public nuisance, having been enjoined by any public servant who
has lawful authority to issue such injunction not to repeat or continue such
nuisance, shall be punished with simple imprisonment for a term which may
extend to six months, or with fine, or with both.
Sale, etc, of obscene books, etc
292.
Whoever
(a)sells, lets to
hire, distributes, publicly exhibits or in any manner puts into circulation,or
for purposes of sale, hire, distribution, public exhibition or circulation,
makes, produces or has in his possession any obscene book, pamphlet, paper,
drawing, painting, representation or figure or any other obscene object
whatsoever, or
(b) imports, exports
or conveys any obscene object for any of the purposes aforesaid, or knowing or
having reason to believe that such object will be sold, let to hire,
distributed or publicly exhibited or in any manner put into circulation, or
(c) takes part in or
receives profits from any business in the course of which he knows or has
reason to believe that any such obscene objects are, for any of the purposes
aforesaid, made, produced, purchased, kept, imported, exported, conveyed,
publicly exhibited or in any manner put into circulation, or
(d) advertises or
makes known by any means whatsoever that any person is engaged or is ready to
engage in any act which is an offence under this section, or that any such
obscene object can be procured from or through any person, or
(e) offers or
attempts to do any act which is an offence under this section,
shall be punished
with imprisonment of either description for a term which may extend to three
months, or with fine, or with both.
Exception.- This
section does not extend to any book, pamphlet, writing, drawing or painting
kept or used bona fide for religious purposes or any representation sculptured,
engraved, painted or otherwise represented on or in any temple, or on any car
used for the conveyance of idols, or kept or used for any religious purpose.
Sale, etc, of obscene objects to young person
293. Whoever sells,
lets to hire, distributes, exhibits or circulates to any person under the age
of twenty years any such obscene object as is referred to in the last preceding
section, or offers or attempts so to do, shall be punished with imprisonment of
either description for a term which may extend to six months, or with fine, or
with both.
Obscene acts and songs
294. Whoever, to the
annoyance of others,
(a) does any obscene
act in any public place, or
(b) sings, recites
or utters any obscene songs, ballad or words, in or near any public place,
shall be punished
with imprisonment of either description for a term which may extend to three
months, or with fine, or with both.
Keeping lottery-office
99[294A. Whoever
keeps any office or place for the purpose of drawing any lottery not being a
State lottery or a lottery authorized by the Government shall be punished with
imprisonment of either description for a term which may extend to six months,
or with fine, or with both.
And whoever
publishes any proposal to pay any sum, or to deliver any goods, or to do or
forbear doing anything for the benefit of any person, on any event or
contingency relative or applicable to the drawing of any ticket, lot, number or
figure in any such lottery shall be punished with fine which may extend to one
thousand taka.]
Offering of prize in connection with trade, etc
100[294B. Whoever
offers, or undertakes to offer, in connection with any trade or business or
sale of any commodity, any prize, reward or other similar consideration, by
whatever name called, whether in money or kind, against any coupon, ticket,
number or figure, or by any other device, as an inducement or encouragement to trade
or business or to the buying of any commodity, or for the purpose of
advertisement or popularising any commodity, and whoever publishes any such
offer, shall be punishable with imprisonment of either description for a term
which may extend to six months, or with fine, or with both.]
CHAPTER XV
OF OFFENCES RELATING TO RELIGION
Injuring or defiling place of worship, with intent to
insult the religion of any class
295. 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.
Deliberate and malicious acts intended to outrage
religious feelings of any class by insulting its religion or religious beliefs
101[295A. Whoever,
with deliberate and malicious intention of outraging the religious feelings of
any class of the citizens of Bangladesh, by words, either spoken or written, or
by visible representations insults or attempts to insult the religion or the
religious beliefs of that class, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with
both.]
Disturbing religious assembly
296. Whoever
voluntarily causes disturbance to any assembly lawfully engaged in the
performance of religious worship, or religious ceremonies, shall be punished
with imprisonment of either description for a term which may extend to one
year, or with fine, or with both.
Trespassing on burial places, etc
297. Whoever, with
the intention of wounding the feelings of any person, or of insulting the
religion of any person, or with the knowledge that the feelings of any person
are likely to be wounded, or that the religion of any person is likely to be
insulted thereby,
commits any trespass
in any place of worship or on any place of sepulture, or any place set apart
for the performance of funeral rites or as a depository for the remains of the
dead, or offers any indignity to any human corpse, or causes disturbance to any
persons assembled for the performance of funeral ceremonies,
shall be punished
with imprisonment of either description for a term which may extend to one
year, or with fine, or with both.
Uttering words, etc, with deliberate intent to wound
religious feelings
298. Whoever, with
the deliberate intention of wounding the religious feelings of any person,
utters any word or makes any sound in the hearing of that person or makes any
gesture in the sight of that 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 one year, or with fine, or with both.
CHAPTER XVI
OF OFFENCES AFFECTING THE HUMAN BODY
Of Offences affecting Life
Culpable homicide
299. Whoever causes
death by doing an act with the intention of causing death, or with the
intention of causing such bodily injury as is likely to cause death, or with
the knowledge that he is likely by such act to cause death, commits the offence
of culpable homicide.
Illustrations
(a) A lays sticks
and turf over a pit, with the intention of thereby causing death, or with the
knowledge that death is likely to be thereby caused. Z, believing the ground to
be firm, treads on it, falls in and is killed. A has committed the offence of culpable
homicide.
(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 bush. B fires and kills Z.
Here B may be guilty of no offence; but A has committed the offence of culpable
homicide.
(c) A, by shooting
at a fowl with intent to kill and steal it, kills B, who is behind a bush; A
not knowing that he was there. Here, although A was doing an unlawful act, he
was not guilty of culpable homicide, as he did not intend to kill B or cause
death by doing an act that he knew was likely to cause death.
Explanation 1. A
person who causes bodily injury to another who is labouring under a disorder,
disease or bodily infirmity, and thereby accelerates the death of that other,
shall be deemed to have caused his death.
Explanation 2. Where
death is caused by bodily injury, the person who causes such bodily injury
shall be deemed to have caused the death, although by resorting to proper
remedies and skilful treatment the death might have been prevented.
Explanation 3. The
causing of the death of a child in the mother's womb is not homicide. But it
may amount to culpable homicide to cause the death of a living child, if any
part of that child has been brought forth, though the child may not have
breathed or been completely born.
Murder
300. Except in the
cases hereinafter excepted, culpable homicide is murder, if the act by which
the death is caused is done with the intention of causing death, or-
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 to whom the harm is caused, or –
Thirdly.-If it is
done with the intention of causing bodily injury to any person and the bodily
injury intended to be inflicted is sufficient in the ordinary course of nature
to cause death, or –
Fourthly.--f the
person committing the act knows that it is so imminently dangerous that it
must, in all probability, cause death, or such bodily injury as is likely to
cause death, and commits such act without any excuse for incurring the risk of
causing death or such injury as aforesaid.
Illustrations
(a) A shoots Z with
the intention of killing him. Z dies in consequence. A commits murder.
(b) A, knowing that
Z is labouring under such a disease that a blow is likely to cause his death,
strikes him with the intention of causing bodily 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 cause the death of a person in a
sound state of health. But if A, not knowing that Z is labouring under any
disease, gives him such a blow as would not in the ordinary course of nature
kill a person in a sound state of health, here A, although he may intend to
cause bodily injury, is not guilty of murder, if he did not intend to cause
death or such bodily injury as in the ordinary course of nature would cause
death.
(c) A intentionally
gives Z a sword-cut or club-wound sufficient to cause the death of a man in the
ordinary course of nature. Z dies in consequence. Here A is guilty of murder,
although he may not have intended to cause Z's death.
(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 a premeditated design to kill
any particular individual.
When culpable
homicide is not murder
Exception
1.-Culpable homicide is not murder if the offender, whilst deprived of the
power of self-control by grave and sudden provocation, causes the death of the
person who gave the provocation or cause the death of any other person by
mistake or accident.
The above
exception is subject to the following provisos:
Firstly.-That the
provocation is not sought or voluntarily provoked by the offender as an excuse
for killing or doing harm to any person.
Secondly.-That the
provocation is not given by anything done in obedience to the law, or by a
public servant in the lawful exercise of the powers of such public servant.
Thirdly.-That the
provocation is not given by anything done in the lawful exercise of the right
of private defence.
Explanation.-
Whether the provocation was grave and sudden enough to prevent the offence from
amounting to murder is a question of fact.
Illustrations
(a) A, under the
influence of passion excited by a provocation given by Z, intentionally kills
Y, Z's child. This is murder, inasmuch as the provocation was not given by the
child, and the death of the child was not caused by accident or misfortune in
doing an act caused by the provocation.
(b) Y gives grave
and sudden provocation to A. A, on this provocation fires a pistol at Y,
neither intending nor knowing himself to be likely to kill Z, who is near him,
but out of sight. A kills Z. Here A has not committed murder, but merely
culpable homicide.
(c) A is lawfully
arrested by Z, a bailiff. A is excited to sudden and violent passion by the
arrest, and kills Z. This is murder, inasmuch as the provocation was given by a
thing done by a public servant in the exercise of his powers.
(d) A appears as a
witness before Z, a Magistrate. Z says that he does not believe a word of A's
deposition, and that A has perjured himself, A is moved to sudden passion by
these words, and kills Z. This is murder.
(e) A attempts to
pull Z's nose. Z, in exercise of the right of private defense, lays hold of A
to prevent him from doing so. A is moved to sudden and violent passion in
consequence, and kills Z. This is murder, inasmuch as the provocation was given
by a thing done in the exercise of the right of private defense.
(f) Z strikes B. B
is by this provocation excited to violent rage. A, a by stander, intending to
take advantage of B's rage, and to cause him to kill Z, puts a knife into B's
hand for that purpose. B kills Z with the knife. Here B may have committed only
culpable homicide, but A is guilty of murder.
Exception 2.-
Culpable homicide is not murder if the offender, in the exercise in good faith
of the right of private defense of person or property, exceeds the powers given
to him by law and causes the death of the person against whom he is exercising
such right of defense without premeditation, and without any intention of doing
more harm than is necessary for the purpose of such defense.
Illustration
Z attempts to
horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a
pistol. Z persists in the assault. A believing in good faith that can by no
other means prevent himself from being horsewhipped, shoots Z dead. A has not
committed murder, but only culpable homicide.
Exception 3.-
Culpable homicide is not murder if the offender, being a public servant or
aiding a public servant acting for the advancement of public justice, exceeds
the powers given to him by law, and causes death by doing an act which he, in
good faith, believes to be lawful and necessary for the due discharge of his
duty as such public servant and without ill-will towards the person whose death
is caused.
Exception
4.-Culpable homicide is not murder if it is committed without premeditation in
a sudden fight in the heat of passion upon a sudden quarrel and without the
offender's having taken undue advantage or acted in a cruel or unusual manner.
Explanation.- It is
immaterial in such cases which party offers the provocation or commits the
first assault.
Exception 5.-
Culpable homicide is not murder when the person whose death is caused, being
above the age of eighteen years, suffers death or takes the risk of death with
his own consent.
Illustration
A, by instigation,
voluntarily causes Z, a person under eighteen years of age, to commit suicide.
Here, on account of Z's youth, he was incapable of giving consent to his own
death; A has therefore abetted murder.
Culpable homicide by causing death of person other
than person whose death was intended .
301. If a person, by
doing anything which he intends or knows to be likely to cause death, commits
culpable homicide by causing the death of any person, whose death he neither
intends nor knows himself to be likely to cause, the culpable homicide
committed by the offender is of the description of which it would have been if
he had caused the death of the person whose death he intended or knew himself
to be likely to cause.
Punishment for murder
302. Whoever commits
murder shall be punished with death, or 102[ imprisonment] for life, and shall
also be liable to fine.
Punishment for murder by life-convict
303. Whoever, being
under sentence of 103[ imprisonment] for life, commits murder, shall be
punished with death.
Punishment for culpable homicide not amounting to murder
304. Whoever commits
culpable homicide not amounting to murder, shall be punished with 104[
imprisonment] for life, or imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine, if the act by which
the death is caused is done with intention of causing death, or of causing such
bodily injury as is likely to cause death;
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 knowledge that it is likely to cause
death, but without any intention to cause death or to cause such bodily injury
as is likely to cause death.
Causing death by negligence
105[ 304A. Whoever
causes the death of any person by doing any rash or negligent act not amounting
to culpable homicide shall be punished with imprisonment of either description
for a term which may extend to 106[ five] years, or with fine, or with both.]
Causing death by rash driving or riding on a public
way
107[ 304B. Whoever
causes the death of any person by rash or negligent driving of any vehicle or
riding on any public way not amounting to culpable homicide shall be punished
with imprisonment of either description for a term which may extend to 108[ three
years], or with fine, or with both.] 109[
Abetment of suicide of child or insane person
305. If any person
under eighteen years of age, any insane person, any delirious person, any
idiot, or any person in a state of intoxication commits suicide, whoever abets
the commission
of such suicide
shall be punished with death or 110[ imprisonment] for life, or imprisonment
for a term not exceeding ten years, and shall also be liable to fine.
Abetment of suicide
306. If any person
commits suicide, whoever abets the commission of such suicide, shall be
punished with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.
Attempt to murder Attempts by life-convicts
307. Whoever does
any act with such intention or knowledge, and under such circumstances that, if
he by that act caused death, he would be guilty of murder, shall be punished
with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine; and, if hurt is caused to any person
by such act, the offender shall be liable either to 111[ imprisonment] for
life, or to such punishment as is hereinbefore mentioned.
When any person
offending under this section is under sentence of 112[ imprisonment] for life,
he may, if hurt is caused, be punished with death.
Illustration
(a) A shoots at Z
with intention to kill him, under such circumstances that, if death ensued, A
would be guilty of murder. A is liable to punishment under this section.
(b) A with the intention
of causing the death of a child of tender years exposes it in a desert place. A
has committed the offence defined by this section, though the death of the
child does not ensue.
(c) A, intending to
murder Z, buys a gun and loads it. A has not yet committed the offence. A fires
the gun at Z. He has committed the offence defined in this section, and, if by
such firing he wounds, he is liable to the punishment provided by the latter
part of the first paragraph of this section.
(d) A, intending to
murder Z, by poison, purchases poison and mixes the same with food which
remains in A's keeping; A has not yet committed the offence in this section. A
places the food on Z's table or delivers it to Z's servants to place it on Z's
table. A has committed the offence defined in this section.
Attempt to commit culpable homicide
308. Whoever does
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 homicide not
amounting to murder, shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with both; and, if
hurt is caused to any person by such act, shall be punished with imprisonment
of either description for a term which may extend to seven years, or with fine,
or with both.
Illustration
A, on grave and
sudden provocation, fires a pistol at Z, under such circumstances that if he
thereby caused death he would be guilty of culpable homicide not amounting to
murder. A has committed the offence defined in this section.
Attempt to commit suicide
309. Whoever
attempts to commit suicide and does any act towards the commission of such
offence, shall be punished with simple imprisonment for a term which may extend
to one year, or with fine, or with both.
Thug
310. Whoever, at any
time after the passing of this Act, shall have been habitually associated with
any other or others for the purpose of committing robbery or child-stealing by
means of or accompanied with murder, is a thug.
Punishment
311. Whoever is a
thug, shall be punished with 113[ imprisonment] for life, and shall also be
liable to fine.
Of the causing of
Miscarriage, of Injuries to unborn Children, of the Exposure of Infants, and of
the Concealment of Births.
Causing miscarriage
312. Whoever
voluntarily causes a woman with child to miscarry, shall, if such miscarriage
be not caused in good faith for the purpose of saving the life of the woman, be
punished with imprisonment of either description for a term which may extend to
three years, or with fine, or with both; and, if the woman be quick with child,
shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
Explanation.-A woman
who causes herself to miscarry, is within the meaning of this section.
Causing miscarriage without women's consent
313. Whoever commits
the offence defined in the last preceding section without the consent of the
woman, whether the woman is quick with child or not, shall be punished with
114[ imprisonment] for life, or with imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine.
Death caused by act done with intent to cause
miscarriage
314. Whoever, with
intent to cause the miscarriage of a woman with child, does any act which
causes the death of such woman, shall be punished with imprisonment of either
description
for a term which may
extend to ten years, and shall also be liable to fine,
If act done without
women's consent
and if the act is
done without the consent of the woman, shall be punished either with 115[
imprisonment] for life, or with the punishment above-mentioned.
Explanation It is
not essential to this offence that the offender should know that the act is
likely to cause death.
Act done with intent to prevent child being born alive
or to cause it to die after birth
315. Whoever before
the birth of any child does any act with the intention of thereby preventing
that child from being born alive or causing it to die after its birth, and does
by such act prevent that child from being born alive, or causes it to die after
its birth, shall, if such act be not caused in good faith for the purpose of
saving the life of the mother, be punished with imprisonment of either
description for a term which may extend to ten years, or with fine, or with
both.
Causing death of quick unborn child by act amounting
to culpable homicide
316. Whoever does
any act under such circumstances, that if he thereby caused death he would be
guilty of culpable homicide, 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.
Illustration
A, knowing that he
is likely to cause the death of a pregnant woman, does an act which, if it
caused the death of the woman, would amount to culpable homicide. The woman is
injured but does not die; but the death of an unborn quick child with which she
is pregnant thereby caused. A is guilty of the offence defined in this section.
Exposure and abandonment of child under twelve years
by parent or person having care of it
317. Whoever being
the father or mother of a child under the age of twelve years, or having the
care of such child, shall expose or leave such child in any place with the
intention of wholly abandoning such child, shall be punished with imprisonment
of either description for a term which may extend to seven years, or with fine,
or with both.
Explanation This
section is not intended to prevent the trial of. the offender for murder or culpable homicide, as the case may be,
if the child die in consequence of the exposure.
Concealment of birth by secret disposal of dead body
318. Whoever, by
secretly burying or otherwise disposing of the dead body of a child whether
such child die before or after or during its birth, intentionally conceals or
endeavours to conceal the birth of such child, shall be punished with
imprisonment of either description for a term which may extend to two years, or
with fine, or with both.
Of Hurt
Hurt
319. Whoever causes
bodily pain, disease or infirmity to any person is said to cause hurt.
Grievous hurt
320. The following
kinds of hurt only are designated as "grievous":-
Firstly.-Emasculation.
Secondly.-Permanent
privation of the sight of either eye.
Thirdly.-Permanent
privation of the hearing of either ear.
Fourthly.-Privation
of any member or joint.
Fifthly.-Destruction
or permanent impairing of the powers of any member or joint.
Sixthly.-Permanent
disfiguration of the head or face.
Seventhly.-Fracture
or dislocation of a bone or tooth.
Eighthly.-Any hurt
which endangers life or which causes the sufferer to be during the space of twenty
days in severe bodily pain, or unable to follow his ordinary pursuits.
Voluntarily causing hurt
321. Whoever does
any act with the intention of thereby causing hurt to any person, or with the
knowledge that he is likely thereby to cause hurt to any person, and does
thereby cause hurt to any person, is said "voluntarily to cause
hurt".
Voluntarily causing grievous hurt
322. Whoever
voluntarily causes hurt, if the hurt which he intends to cause or knows himself
to be likely to cause is grievous hurt, and if the hurt which he causes is
grievous hurt, is said “voluntarily to cause grievous hurt".
Explanation.-A
person is not said voluntarily to cause grievous hurt except when he both
causes grievous hurt and intends or knows himself to be likely to cause
grievous hurt. But he is said voluntarily to cause grievous hurt, if intending
or knowing himself to be likely to cause grievous hurt of one kind, he actually
causes grievous hurt of another kind.
Illustration
A, intending or
knowing himself to be likely permanently to disfigure Z's face, gives Z a blow
which does not permanently disfigure Z's face, but which causes Z to suffer
severe bodily pain for the space of twenty days. A has voluntarily caused
grievous hurt.
Punishment for voluntarily causing hurt
323. Whoever, except
in the case provided for by section 334, voluntarily causes hurt, shall be
punished with imprisonment of either description for a term which may extend to
one year, or with fine which may extend to one thousand taka, or with both.
Voluntarily causing hurt by dangerous weapons or means
324. Whoever, except
in the case provided for by section 334, voluntarily causes hurt by means of
any instrument for shooting, stabbing or cutting, or any instrument which, used
as a weapon of offence, is likely to cause death, or by means of fire
or any heated
substance, or by means of any poison or any corrosive substance, or by means of
any explosive substance or by means of any substance which it is deleterious to
the human body to inhale, to swallow, or to receive into the blood, or by means
of any animal, shall be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.
Punishment for voluntarily causing grievous hurt
325. Whoever, except
in the case provided for by section 335, voluntarily causes grievous hurt,
shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
Voluntarily causing grievous hurt by dangerous weapons
or means
326. Whoever, except
in the case provided for by section 335, voluntarily causes grievous hurt by
means of any instrument for shooting, stabbing or cutting, or any instrument
which, used as a weapon of offence, is likely to cause death, or by means of
fire or any heated substance, or by means of any poison or any corrosive
substance, or by means of any explosive substance, or by means of any substance
which it is deleterious to the human body to inhale, to swallow, or to receive
into the blood, or by means of any animal, shall be punished with 116[
imprisonment] for life or with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.
Voluntarily causing grievous hurt in respect of both
eyes, hand or face by means of corrosive substance, etc
117[326A. Whoever,
except in the case provided for by section 335, voluntarily causes grievous
hurt of the kind mentioned in
(a) clause secondly
of section 320 in respect of both the eyes either by gouging out the same or by
means of any corrosive substance; or
(b) clause sixthly
of section 320 by means of any corrosive substance,
shall be punished
with death, or 118[ imprisonment] for life and shall also be liable to fine.]
Voluntarily causing hurt to extort property or to
constrain to an illegal act
327. Whoever
voluntarily causes hurt, for the purpose of extorting from the sufferer, or
from any person interested in the sufferer, any property or valuable security,
or of constraining the sufferer, or any person interested in such sufferer to
do anything which is illegal or which may facilitate the commission of an
offence, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.
Causing hurt by means of poison, etc, with intent to
commit an offence
328. Whoever
administers to or causes to be taken by any person any poison or any
stupefying, intoxicating or un- wholesome drug, or other thing with intent to
cause hurt to such person, or with intent to commit or to facilitate the
commission of an offence or knowing it to be likely that he will thereby cause
hurt, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.
Voluntarily causing grievous hurt to extort property,
or to constrain to an illegal act
329. Whoever
voluntarily causes grievous hurt for the purpose of extorting from the sufferer
or from any person interested in the sufferer any property or valuable
security, or of constraining the sufferer or any person interested in such
sufferer to do anything that is illegal or which may facilitate the commission
of an offence, shall be punished with 119[ imprisonment] for life, or
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
Voluntarily causing hurt to extort confession, or to
compel restoration of property
330. Whoever
voluntarily causes hurt, for the purpose of extorting from the sufferer or any
person interested in the sufferer, any confession or any information which may
lead to the detection of an offence or misconduct, or for the purpose of
constraining the sufferer or any person interested in the sufferer to restore
or to cause the restoration of any property or valuable security or to satisfy
any claim or demand, or to give information which may lead to the restoration
of any property or valuable security, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also
be liable to fine.
Illustrations
(a) A, a
police-officer, tortures Z in order to induce Z to confess that he committed a
crime. A is guilty of an offence under this section.
(a) A, a
police-officer, tortures B to induce him to point out where certain stolen
property is deposited. A is guilty of an offence under this section.
(b) A, a revenue
officer, tortures Z in order to compel him to pay certain arrears of revenue
due from Z. A is guilty of an offence under this section.
(c) A, a zamindar,
tortures a raiyat in order to compel him to pay his rent. A is guilty of an
offence under this section.
Voluntarily causing grievous hurt to extort
confession, or to compel restoration of property
331. Whoever
voluntarily causes grievous hurt for the purpose of extorting from the sufferer
or any person interested in the sufferer any confession or any information
which may lead to the detection of an offence or misconduct, or for the purpose
of constraining the sufferer or any person interested in the sufferer to
restore or to cause the restoration of any property or valuable security or to
satisfy any claim or demand or to give information which may lead to the
restoration of any property or valuable security shall be punished with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
Voluntarily causing hurt to deter public servant from
his duty
332. Whoever
voluntarily causes hurt to any person being a public servant in the discharge
of his duty as such public servant, or with intent to prevent or deter that
person or any other public servant from discharging his duty as such public
servant, or in consequence of anything done or attempted to be done by that
person in the lawful discharge of his duty as such public servant, shall be
punished with imprisonment of either description for a term which may extend to
three years, or with fine, or with both.
Voluntarily causing grievous hurt to deter public
servant from his duty
333. Whoever
voluntarily causes grievous hurt to any person being a public servant in the
discharge of his duty as such public servant, or with intent to prevent or
deter that person or any other public servant from discharging his duty as such
public servant, or in consequence of anything done or attempted to be done by
that person in the lawful 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.
Voluntarily causing hurt on provocation
334. Whoever
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 than the
person who gave the provocation shall be punished with imprisonment of either
description for a term which may extend to one month, or with fine which may
extend to five hundred taka, or with both.
Voluntarily causing grievous hurt on provocation
335. Whoever
voluntarily causes grievous hurt on grave and sudden provocation, if he neither
intends nor knows himself to be likely to cause grievous hurt to any person
other than the person who gave the provocation shall be punished with
imprisonment of either description for a term which may extend to four years,
or with fine which may extend to two thousand taka, or with both.
Explanation. The
last two sections are subject to the same provisos as Exception 1, section 300.
Act endangering life or personal safety to others
336. Whoever does
any act so rashly or negligently as to endanger human life or the personal
safety of others, shall be punished with imprisonment of either description for
a term which may extend to three months, or with fine which may extend to two
hundred and fifty taka, or with both.
Causing hurt by act endangering life or personal
safety of others
337. Whoever causes
hurt to any person by doing any act so rashly or negligently as to endanger
human life, or the personal safety of others shall be punished with
imprisonment of either description for a term which may extend to six months,
or with fine which may extend to five hundred taka, or with both.
Causing grievous hurt by act endangering life or
personal safety of others
338. Whoever causes
grievous hurt to any person by doing any act so rashly or negligently as to
endanger human life, or the personal safety of others, shall be punished with
imprisonment of either description for a term which may extent to two years, or
with fine which may extend to 120[ five thousand taka], or with both.
Causing grievous hurt by rush driving or riding on a
public way
121[338A. Whoever
causes grievous hurt to any person by driving any vehicle or riding on any
public way so rashly or negligently as to endanger human life, or the personal
safety of others shall be punished with imprisonment of either description for
a term which may extend to 122[ two years], or with fine, or with both.]
Of
Wrongful Restraint and Wrongful Confinement
Wrongful restraint
339. Whoever
voluntarily obstructs any person so as to prevent that person from proceeding
in any direction in which that person has a right to proceed, is said
wrongfully to restrain that person.
Exception. The
obstruction of a private way over land or water which a person in good faith
believes himself to have a lawful right to obstruct, is not an offence within
the meaning of this section.
Illustration
A obstructs a path
along which Z has a right to pass, A not believing in good faith that he has a
right to stop the path. Z is thereby prevented from passing. A wrongfully
restrains Z.
Wrongful confinement
340. Whoever
wrongfully restrains any person in such a manner as to prevent that person form
proceeding beyond certain circumscribing limits, is said "wrongfully to
confine" that person.
Illustrations
(a) A causes Z to go
within a walled space, and locks Z in. Z is thus prevented from proceeding in
any direction beyond the circumscribing line of wall. A wrongfully confines Z.
(b) A places men
with firearms at the outlets of a building, and tells Z that they will fire at
Z if Z attempts to leave the building. A wrongfully confines Z.
Punishment for wrongful restraint
341. Whoever
wrongfully restrains any person, 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, or with both.
Punishment for wrongful confinement
342. Whoever
wrongfully confines any person, shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine which may
extend to one thousand taka, or with both.
Wrongful confinement for three or more days
343. Whoever
wrongfully confines any person for three days or more, shall be punished with
imprisonment of either description for a term which may extend to two years, or
with fine, or with both.
Wrongful confinement for ten or more days
344. Whoever
wrongfully confines any person for ten days, or more, shall be punished with
imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine.
Wrongful confinement of person for whose liberation
writ has been issued
345. Whoever keeps
any person in wrongful confinement, knowing that a writ for the liberation of
that person has been duly issued, shall be punished with imprisonment of either
description for a term which may extend to two years in addition to any term of
imprisonment to which he may be liable under any other section of this Chapter.
Wrongful confinement in secret
346. Whoever
wrongfully confines any person in such manner as to indicate an intention that
the confinement of such person may not be known to any person interested in the
person so confined, or to any public servant, or that the place of such
confinement may not be known to or discovered by any such person or public
servant as hereinbefore mentioned, shall be punished with imprisonment of
either description for a term which may extend to two years in addition to any
other punishment to which he may be liable for such wrongful confinement.
Wrongful confinement to extort property or constrain
to illegal act
347. Whoever
wrongfully confines any person for the purpose of extorting from the person
confined, or from any person interested in the person confined, any property or
valuable security or of constraining the person confined or any person
interested in such person to do anything illegal or to give any information
which may facilitate the commission of an offence, shall be punished with
imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine.
Wrongful confinement to extort confession or compel
restoration of property
348. Whoever
wrongfully confines any person for the purpose of extorting from the person
confined or any person interested in the person confined any confession or any
information which may lead to the detection of an offence or misconduct, or for
the purpose of constraining the person confined or any person interested in the
person confined to restore or to cause the restoration of any property or
valuable security or to satisfy any claim or demand, or to give information
which may lead to the restoration of any property or valuable security, shall
be punished with imprisonment of either description for a term which may extend
to three years, and shall also be liable to fine.
Of
Criminal Force and Assault
Force
349. A person is
said to use force to another if he causes motion, change of motion, or
cessation of motion to that other, or if he causes to any substance such
motion, or change of motion, or cessation of motion as brings that substance
into contact with any part of that other's body, or with anything which that
other is wearing or carrying, or with anything so situated that such contact
affects that other's sense of feeling: Provided that the person causing the
motion, or change of motion, or cessation of motion, causes that motion, change
of motion, or cessation of motion in one of the three ways hereinafter
described:
Firstly. By his own
bodily power.
Secondly. By
disposing any substance in such a manner that the motion or change or cessation
of motion takes place without any further act on his part, or on the part of
any other person.
Thirdly. By inducing
any animal to move, to change its motion, or to cease to move.
Criminal force
350. Whoever
intentionally uses force to any person, without that person's consent, in order
to the committing of any offence, or intending by the use of such force to
cause, or knowing it to be likely that by the use of such force he will cause
injury, fear or annoyance to the person to whom the force is used, is said to
use criminal force to that other.
Illustrations
(a) Z is sitting in a moored boat on a river.
A unfastens the moorings, and thus intentionally causes the boat to drift down
the stream. Here A intentionally causes motion to Z, and he does this by
disposing substances in such a manner that the motion is produced without any
other action on any person's part. A has therefore intentionally used force to
Z; and if he has done so without Z's consent, in order to the committing of any
offence, or intending or knowing it to be likely that this use of force will
cause injury, fear or annoyance to Z, A has used criminal force to Z.
(b) Z is riding in a
chariot. A lashes Z's horses, and thereby causes them to quicken their pace.
Here A has caused change of motion to Z by inducing the animals to change their
motion. A has therefore used force to Z; and if A has done this without Z's
consent, intending or knowing it to be likely that he may thereby injure,
frighten or annoy Z, A has used criminal force to Z.
(c) Z is riding in a
palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. Here
A has caused cessation of motion to Z, and he has done this by his own bodily
power. A has therefore used force to Z; and as A has acted thus intentionally,
without Z's consent, in order to the commission of an offence. A has used
criminal force to Z.
(d) A intentionally
pushes against Z in the street. Here A has by his own bodily power moved his
own person so as to bring it into contact with Z. He has therefore
intentionally used force to Z; and if he has done so without Z's consent,
intending or knowing it to be likely that he may thereby injure, frighten or
annoy Z, he has used criminal force to Z.
(e) A throws a
stone, intending or knowing it to be likely that the stone will be thus brought
into contact with Z, or with Z's clothes, or with something carried by Z, or
that it will strike water, and dash up the water against Z's clothes or
something carried by Z. Here, if the throwing of the stone produce the effect
of causing any substance to come into contact with Z, or Z's clothes, A has
used force to Z; and if he did so without Z's consent, intending thereby to
injure, frighten or annoy Z, he has used criminal force to Z.
(f) A intentionally
pulls up a woman's veil. Here A intentionally uses force to her, and if he does
so without her consent intending or knowing it to be likely that he may thereby
injure, frighten or annoy her, he has used criminal force to her.
(g) Z is bathing, A
pours into the bath water which he knows to be boiling. Here A intentionally by
his own bodily power causes such motion in the boiling water as brings that
water into contact with Z, or with other water so situated that such contact
must affect Z's sense of feeling: A has therefore intentionally used force to Z;
and if he has done this without Z's consent intending or knowing it to be
likely that he may thereby cause injury, fear or annoyance to Z, A has used
criminal force.
(h) A incites a dog
to spring upon Z, without Z's consent. Here, if A intends to cause injury, fear
or annoyance to Z, he uses criminal force to Z.
Assault
351. Whoever makes
any gesture, or any preparation intending or knowing it to be likely that such
gesture or preparation will cause any person present to apprehend that he who
makes that gesture or preparation is about to use criminal force to that
person, is said to commit an assault.
Explanation.- Mere
words do not amount to an assault. But the words which a person uses may give
to his gestures or preparation such a meaning as may make those gestures or
preparations amount to an assault.
Illustrations
(a) A shakes his
fist at Z, intending or knowing it to be likely that he may thereby cause Z to
believe that A is about to strike Z. A has committed an assault.
(b) A begins to
unloose the muzzle of a ferocious dog, intending, or knowing it to be likely
that he may thereby cause Z to believe that he is about to cause the dog to
attack Z. A has committed an assault upon Z.
(c) A takes up a
stick, saying to Z, "I will give you a beating". Here, though the
words used by A could in no case amount to an assault, and though the mere
gesture, unaccompanied by any other circumstances, might not amount to an
assault, the gesture explained by the words may amount to an assault.
Punishment for assault or criminal force otherwise
than on grave provocation
352. Whoever
assaults or uses criminal force to any person otherwise than on grave and
sudden provocation given by that person, shall be punished with imprisonment of
either description for a term which may extend to three months, or with fine
which may extend to five hundred taka, or with both.
Explanation.- Grave
and sudden provocation will not mitigate the punishment for an offence under
this section, if the provocation is sought or voluntarily provoked by the
offender as an excuse for the offence, or
if the provocation
is given by anything done in obedience to the law, or by a public servant, in
the lawful exercise of the powers of such public servant, or
if the provocation
is given by anything done in the lawful exercise of the right of private
defence.
Whether the
provocation was grave and sudden enough to mitigate the offence, is a question
of fact.
Assault or criminal force to deter public servant from
discharge of his duty
353. Whoever
assaults or uses criminal force to any person being a public servant in the
execution of his duty as such public servant, or with intent to prevent or
deter that person from discharging his duty as such public servant, or in
consequence
of anything done or
attempted to be done by such person in the lawful discharge of his duty as such
public servant, shall be punished with imprisonment of either description for a
term which may extend to 123[ three years], or with fine, or with both.
Assault or criminal force to woman with intent to
outage her modesty
354. Whoever
assaults or uses criminal force to any woman, intending to outrage or knowing
it to be likely that he will thereby outrage her modesty, shall be punished
with imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
Assault or criminal force with intent to dishonour
person, otherwise than on grave provocation
355. Whoever
assaults or uses criminal force to any person, intending thereby to dishonour
that person, otherwise than on grave and sudden provocation given by that
person, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
Assault or criminal force in attempt to commit theft
of property carried by a person
356. Whoever
assaults or uses criminal force to any person in attempting to commit theft on
any property which that person is then wearing or carrying shall be punished
with imprisonment of either description for a term which may extent to two
years, or with fine, or with both.
Assault or criminal force in attempt wrongfully to
confine a person
357. Whoever
assaults or uses criminal force to any person, in attempting wrongfully to
confine that person, shall be punished with imprisonment of either description
for a term which may extend to one year, or with fine which may extend to one
thousand taka, or with both.
Assault or criminal force on grave provocation
358. Whoever
assaults or uses criminal force to any person on grave and sudden provocation
given by that person, shall be punished with simple imprisonment for a term
which may extend to one month or with fine which may extend to two hundred
taka, or with both.
Explanation.-The
last section is subject to the same Explanation as section 352.
Of Kidnapping,
Abduction, Slavery and Forced Labour
Kidnapping
359. Kidnapping is
of two kinds: kidnapping from Bangladesh, and kidnapping from lawful
guardianship.
Kidnapping from Bangladesh, etc
360. Whoever conveys
any person beyond the limits of Bangladesh without the consent of that person,
or of some person legally authorized to consent on behalf of that person, is
said to kidnap that person from Bangladesh.
Kidnapping from lawful guardianship
361. Whoever takes
or entices any minor under fourteen years of age if a male, or under sixteen
years of age if a female, or any person of unsound mind, out of the keeping of
the lawful guardian of such minor or person of unsound mind, without the consent
of such guardian, is said to kidnap such minor or person from lawful
guardianship.
Explanation.-The
words "lawful guardian" in this section include any person lawfully
entrusted with the care or custody of such minor or other person.
Exception.-This section
does not extend to the act of any person who in good faith believes himself to
be the father of an illegitimate child, or who in good faith believes himself
to be entitled to the lawful custody of such child, unless such act is
committed for an immoral or unlawful purpose.
Abduction
362. Whoever by
force compels, or by any deceitful means induces, any person to go from any
place, is said to abduct that person.
Punishment for kidnapping
363. Whoever kidnaps
any person from Bangladesh or from lawful guardianship, shall be punished with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.
Kidnapping or abducting in order to murder
364. Whoever kidnaps
or abducts any person in order that such person may be murdered or may be so
disposed of as to be put in danger of being murdered, shall be punished with
124[ imprisonment] for life or rigorous imprisonment for a term which may
extend to ten years, and shall also be liable to fine.
Illustrations
(a) A kidnaps Z from
Bangladesh, intending or knowing it to be likely that Z may be sacrificed to an
idol. A has committed the offence defined in this section.
(b) A forcibly
carries or entices B away from his home in order that B may be murdered. A has
committed the offence defined in this section.
Kidnapping or abducting a person under the age of ten
125[364A. Whoever
kidnaps or abducts any person under the age of ten, in order that such person
may be murdered or subjected to grievous hurt, or slavery, or to the lust of
any person or may be so disposed of as to be put in danger of being murdered or
subjected to grievous hurt, or slavery, or to the lust of any person shall be
punished with death or with 126[ imprisonment] for life or with rigorous imprisonment
for a term which may extend to fourteen years and shall not be less than seven
years.]
Kidnapping or abducting with intent secretly and
wrongfully to confine person
365. Whoever kidnaps
or abducts any person with intent to cause that person to be secretly and
wrongfully confined, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine.
Kidnapping or abducting or inducing woman to compel
her marriage, etc
366. Whoever kidnaps
or abducts any woman with intent that she may be compelled, or knowing it to be
likely that she will be compelled, to marry any person against her will, or in
order that she may be forced or seduced to illicit intercourse, or knowing it
to be likely that she will be forced or seduced to illicit intercourse, shall
be punished with imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine; and whoever, by means of
criminal intimidation as defined in this Code or of abuse of authority or any
other method of compulsion, induces any woman to go from any place with intent
that she may be, or knowing that it is likely that she will be, forced or
seduced to illicit intercourse with another person shall also be punishable as
aforesaid.
Procuration of minor girl
127[ 366A. Whoever,
by any means whatsoever, induces any minor girl under the age of eighteen years
to go from any place or to do any act with intent that such girl may be, or
knowing that it is likely that she will be, forced or seduced to illicit
intercourse with another person shall be punishable with imprisonment which may
extend to ten years and shall also be liable to fine.
Importation of girl from foreign country
366B. Whoever imports
into Bangladesh from any country outside Bangladesh any girl under the age of
twenty-one years with intent that she may be, or knowing it to be likely that
she will be, forced or seduced to illicit intercourse with another person,
128[ * * *]
shall be punishable
with imprisonment which may extend to ten years and shall also be liable to
fine.]
Kidnapping or abducting in order to subject person to
grievous hurt, slavery, etc
367. Whoever kidnaps
or abducts any person in order that such person may be subjected, or may be so
disposed of as to be put in danger of being subjected to grievous hurt, or
slavery, or to the unnatural lust of any person, or knowing it to be likely
that such person will be so subjected or disposed of, shall be punished with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
Wrongfully concealing or keeping in confinement,
kidnapped or abducted person
368. Whoever,
knowing that any person has been kidnapped or has been abducted, wrongfully
conceals or confines such person, shall be punished in the same manner as if he
had kidnapped or abducted such person with the same intention or knowledge, or
for the same purpose as that for which he conceals or detains such person in
confinement.
Kidnapping or abducting child under ten years with
intent to steal from its person
369. Whoever kidnaps
or abducts any child under the age of ten years with the intention of taking
dishonestly any moveable property from the person of such child, shall be
punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.
Buying or disposing of any person as a slave
370. Whoever
imports, exports, removes, buys, sells or disposes of any person as a slave, or
accepts, receives or detains against his will any person as a slave, shall be
punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.
Habitual dealing in
slaves
Buying or disposing of any person as a slave
371. Whoever
habitually imports, exports, removes, buys, sells, traffics or deals in slaves,
shall be punished with 129[ imprisonment] for life, or with imprisonment of
either description for a term not exceeding ten years, and shall also be liable
to fine.
Selling minor for
purposes of prostitution, etc
Habitual dealing in slaves
372. Whoever sells,
lets to hire, or otherwise disposes of any person under the age of eighteen
years with intent that such person shall at any age be 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 likely that such person will
at any age be employed or used for any such purpose, shall be punished with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine. Selling minor for purposes on prostitution,
etc.
Explanation I.- When
a female under the age of eighteen years is sold, let for hire, or otherwise
disposed of to a prostitute or to any person who keeps or manages a brothel,
the person so disposing of such female shall, until the contrary is proved, be
presumed to have disposed of her with the intent that she shall be used for the
purpose of prostitution.
Explanation II.- For
the purposes of this section "illicit intercourse" means sexual
intercourse between person not united by marriage or by any union or tie which,
though not amounting to a marriage, is recognized by the personal law or custom
of the community to which they belong or, where they belong
to different
communities, of both such communities, as constituting between them a
quasi-marital relation.
Buying minor for purposes of prostitution, etc
373. Whoever buys,
hires or otherwise obtains possession of any person under the age of eighteen
years with intent that such person shall at any age be employed or used for the
purpose of prostitution or illicit intercourse with any person or for any
unlawful and immoral purpose, or knowing it to be likely that such person will
at any age be employed or used for any such purpose, shall be punished with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
Explanation I.-Any
prostitute or any person keeping or managing a brothel, who buys, hires or
otherwise obtains possession of a female under the age of eighteen years shall,
until the contrary is proved, be presumed to have obtained possession of such
female with the intent that she shall be used for the purpose of prostitution.
Explanation
II.-'Illicit intercourse' has the same meaning as in section 372.
Unlawful compulsory labour
374. (1) Whoever
unlawfully compels any person to labour against the will of that person, shall
be punished with imprisonment of either description for a term which may extend
to one year, or with fine, or with both.
(2) Whoever compels
a prisoner of war or a protected person to serve in the armed forces of
Bangladesh shall be punished with imprisonment of either description for a term
which may extend to one year.
Explanation. In this
section the expressions "prisoner of war" and "protected
person" shall have the same meaning as have been assigned to them
respectively by Article 4 of the Geneva Convention Relative to the Treatment of
Prisoners of War of August 12, 1949, and Article 4 of the Geneva Convention
Relative to the Protection of Civilian Persons in Time of War of August 12,
1949, 130[ * * *].
Of Rape
Rape
375. A man is said
to commit "rape" who except in the case hereinafter excepted, has
sexual intercourse with a woman under circumstances falling under any of the
five following descriptions:
Firstly. Against her
will.
Secondly. Without
her consent.
Thirdly. With her
consent, when her consent has been obtained by putting her in fear of death, or
of hurt.
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 another man to whom she is or believes
herself to be lawfully married.
Fifthly. With or
without her consent, when she is under fourteen years of age.
Explanation. Penetration
is sufficient to constitute the sexual intercourse necessary to the offence of
rape.
Exception. Sexual
intercourse by a man with his own wife, the wife not being under thirteen years
of age, is not rape.
Punishment for rape
376. Whoever commits
rape shall be punished with 131[ imprisonment] for life or with imprisonment of
either description for a term which may extend to ten years, and shall also be
liable to fine, unless the woman raped is his own wife and is not under twelve
years of age, in which case he shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with
both.
Of Unnatural
Offences
Unnatural offences
377. Whoever
voluntarily has carnal intercourse against the order of nature with any man,
woman or animal, shall be punished with 132[ imprisonment] for life, or with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine. Explanation. Penetration is sufficient to
constitute the carnal intercourse necessary to the offence described in this
section.
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