Last Change:

05/09/2025

The Penal Code

Year: 1860

Type: Domestic law

Rights Category: Liberty & security of person

Description

The Penal Code of 1860 provides definitions for a number of criminal offences and their respective penalties. This Code applies to the whole of Bangladesh without reference to citizenship, and extraterritoriality. Therefore, asylum seekers and refugees in Bangladesh charged with criminal offences are covered by this Code.
 

Selected provisions
Section 34: Acts done by several persons in furtherance of common intention

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.

Section 53: Punishments

The punishments to which offenders are liable under the provisions of this Code are,-
Firstly,- Death;
Secondly,- 15[Imprisonment for life];
Fourthly,-Imprisonment, which is of two descriptions, namely:-
(1) Rigorous, that is, with hard labour;
(2) Simple;
Fifthly,- Forfeiture of property;
Sixthly,- Fine.
[Explanation.-In the punishment of imprisonment for life, the imprisonment shall be rigorous.]

Section 82: Act of a child under nine years of age

Nothing is an offence which is done by a child under nine years of age.

Section 83: Act of a child above nine and under twelve of immature understanding

Nothing is an offence which is done by a child above 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.

Section 84: Act of a person of unsound mind

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.

Section 96: Things done in private defence

Nothing is an offence which is done in the exercise of the right of private defence.

Section 97: Right of private defence of the body and of property

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.

Section 107: Abetment of a thing

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 misrepresentation, 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.

Section 141: Unlawful assembly

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
Third.-To commit any mischief or criminal trespass, or other offence; or
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.

Section 146: Rioting

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.

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