刑法典1860（1860年第四十五号）， 孟加拉国

1 THE 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 34. When a criminal act is done by several persons, in furtherance of the common

furtherance of

common intention 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 then 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 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 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 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 a

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 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

abetting 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

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,

superior officer, when

in 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 of 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

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.

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 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

servant by person

legally bound to

produce it

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's 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.

Exception.This provision shall not extend to any case in which the 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

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

property from

forfeiture 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. However 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 defense.

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 of 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 may which 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 368. Whoever, knowing that any person has been kidnapped or has been abducted,

or keeping in

confinement,

kidnapped or

abducted person

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.

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

Of Theft

Theft 378. Whoever, intending to take dishonestly any moveable property out of the possession

of any person without that person's consent, moves that property in order to such taking,

is said to commit theft.

Explanation 1.-A thing so long as it is attached to the earth, not being moveable

property, is not the subject of theft; but it becomes capable of being the subject of theft

as soon as it is severed from the earth.

Explanation 2.-A moving effected by the same act which effects the severance may be a

theft.

Explanation 3.-A person is said to cause a thing to move by removing an obstacle which

prevented it from moving or by separating it from any other thing, as well as by actually

moving it.

Explanation 4.-A person, who by any means causes an animal to move, is said to move

that animal, and to move everything which, in consequence of the motion so caused, is

moved by that animal.

Explanation 5.-The consent mentioned in the definition may be express or implied, and

may be given either by the person in possession, or by any person having for that purpose

authority either express or implied.

Illustrations

(a) A cuts down a tree on Z's ground, with the intention of dishonestly taking the tree out

of Z's possession without Z's consent. Here, as soon as A has severed the tree in order to

such taking, he has committed theft.

(b) A puts a bait for dogs in his pocket, and thus induces Z's dog to follow it. Here, if A's

intention be dishonestly to take the dog out of Z's possession without Z's consent, A has

committed theft as soon as Z's dog has begun to follow A.

(c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain

direction, in order that he may dishonestly take the treasure. As soon as the bullock

begins to move, A has committed theft of the treasure.

(d) A being Z's servant, and entrusted by Z with the care of Z's plate, dishonestly runs

away with the plate, without Z's consent. A has committed theft.

(e) Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall

return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z's

possession. It could not therefore be taken out of Z's possession, and A has not

committed theft, though he may have committed criminal breach of trust.

(f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is

in Z's possession, and if A dishonestly removes it, A commits theft.

(g) A finds a ring lying on the high-road, not in the procession of any person. A, by taking

it, commits no theft, though he may commit criminal misappropriation of property.

(h) A sees a ring belonging to Z lying on a table in Z's house. Not venturing to

misappropriate the ring immediately for fear of search and detection, A hides the ring in a

place where it is highly improbable that it will ever be found by Z, with the intention of

taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at

the time of first moving the ring, commits theft.

(i) A delivers his watch to Z, a jeweler, to be regulated. Z carries it to his shop. A, not

owing to the jeweler any debt for which the jeweler might lawfully detain the watch as a

security, enters the shop openly, takes his watch by force out of Z's hand, and carries it

away. Here A, though he may have committed criminal trespass and assault, has not

committed theft, inasmuch as what he did was not done dishonestly.

(j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a

security for the debt, and A takes the watch out of Z's possession, with the intention of

depriving Z of the property as a security for his debt, he commits theft, inasmuch as he

takes it dishonestly.

(k) Again, if A, having pawned his watch to Z, takes it out of Z's possession without Z's

consent, not having paid what he borrowed on the watch, he commits theft, though the

watch is his own property inasmuch as he takes it dishonestly.

(l) A takes an article belonging to Z out of Z's possession without Z's consent, with the

intention of keeping it until he obtains money from Z as a reward for its restoration. Here

A takes dishonestly; A has therefore committed theft.

(m) A, being on friendly terms with Z, goes into Z's library in Z's absence, and takes away

a book without Z's express consent for the purpose merely of reading it, and with the

intention of returning it. Here, it is probable that A may have conceived that he had Z's

implied consent to use Z's book. If this was A's impression, A has not committed theft.

(n) A asks charity from Z's wife. She gives A money, food and clothes, which A knows to

belong to Z her husband. Here it is probable that A may conceive that Z's wife is

authorized to give away alms. If this was A's impression, A has not committed theft.

(o) A is the paramour of Z's wife. She gives A valuable property, which A knows to belong

to her husband Z, and to be such property as she has not authority from Z to give. If A

takes the property dishonestly, he commits theft.

(p) A, in good faith, believing property belonging to Z to be A's own property, takes that

property out of B's possession. Here, as A does not take dishonestly, he does not commit

theft.

Punishment for theft 379. Whoever commits theft shall be punished with imprisonment of either description for

a term which may extend to three years, or with fine, or with both.

Theft in dwelling-

house, etc 380. Whoever commits theft in any building, tent or vessel, which building, tent or vessel

is used as a human dwelling, or use for the custody of property, shall be punished with

imprisonment of either description for a term which may extend to seven years, and shall

also be liable to fine.

Theft by clerk or

servant of property in possession of master

381. Whoever being a clerk or servant, or being employed in the capacity of a clerk or

servant, commits theft in respect of any property in the possession of his master or

employer, shall be punished with imprisonment of either description for a term which may

extend to seven years, and shall also be liable to fine.

Theft after

preparation made for

causing death, hurt or

restraint, in order to

the committing of the theft

382. Whoever commits theft, having made preparation for causing death, or hurt, or

restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the

committing of such theft, or in order to the effecting of his escape after the committing of

such theft, or in order to the retaining of property taken by such theft, shall be punished

with rigorous imprisonment for a term which may extend to ten years, and shall also be

liable to fine.

Illustrations

(a) A commits theft on property in Z's possession; and, while committing this theft, he

has a loaded pistol under his garment having provided this pistol for the purpose of

hunting Z in case Z should resist. A has committed the offence defined in this section.

(b) A picks Z's pocket, having posted several of his companions near him, in order that

they may restrain Z, if Z should perceive what is passing and should resist, or should

attempt to apprehend A. A has committed the offence defined in this section.

Of Extortion

Extortion 383. Whoever intentionally puts any person in fear of any injury to that person, or to any

other, and thereby dishonestly induces the person so put in 133[ fear to give donation or

subscription of any kind or to deliver] to any person any property or valuable security or

anything signed or sealed which may be converted into a valuable security, commits

"extortion".

Illustrations

(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He

thus induces Z to give him money. A has committed extortion.

(b) A threatens Z that he will keep Z's child in wrongful confinement unless Z will sign and

deliver to A a promissory note binding Z to pay certain money to A. Z signs and delivers

the note. A has committed extortion.

(c) A threatens to send club-men to plough up Z's field unless Z will sign and deliver to B

and bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z

to sign and deliver the bond. A has committed extortion.

(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal

to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the

paper so signed may be converted into a valuable security, A has committed extortion.

Punishment for

extortion 384. Whoever commits extortion shall be punished with imprisonment of either description

for a term which may extend to three years, or with fine, or with both.

Putting person in fear

of injury in order to

commit extortion

385. Whoever, in order to the committing of extortion, puts any person in fear, or

attempts to put any person in fear, of any injury, shall be punished with imprisonment of

either description for a term which may extend to 134[ fourteen years and shall not be less

than five years], or with fine, or with both.

Extortion by putting a

person in fear of death or grievous hurt

386. Whoever commits extortion by putting any person in fear of death or of grievous hurt

to that person or to any other, shall be punished with imprisonment of either description

for a term which may extend to ten years, and shall also be liable to fine.

Putting person in fear

of death or of

grievous hurt, in

order to commit extortion

387. Whoever, in order to the committing of extortion, puts or attempts to put any person

in fear of death or of grievous hurt to that person or to any other, shall be punished with

imprisonment 135[ for life and shall not be less than seven years], and shall also be liable

to fine.

Extortion by threat of

accusation of an

offence punishable with death or

imprisonment, etc

388. Whoever commits extortion by putting any person in fear of an accusation against

that person or any other, of having committed or attempted to commit any offence

punishable with death, or with 136[ imprisonment for life], or with imprisonment for a term

which may extend to ten years, or of having attempted to induce any other person to

commit such 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; and, if the offence be one

punishable under section 377 of this Code, may be punished with 137[ imprisonment for

life.]

Putting person in fear of accusation of

offence in order to

commit extortion

389. Whoever, in order to the committing of extortion, puts or attempts to put any person

in fear of an accusation, against that person or any other, of having committed, or

attempted to commit, an offence punishable with death or with 138[ imprisonment] for life,

or with 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 ten years, and shall

also be liable to fine; and, if the offence be punishable under section 377 of this Code,

may be punished with 139[ imprisonment] for life.

Of Robbery and Dacoity

Robbery 390. In all robbery there is either theft or extortion.

When theft is robbery Theft is "robbery" if, in order to the committing of the theft, or in committing the theft, or

in carrying away or attempting to carry away property obtained by the theft, the offender,

for that end, voluntarily causes or attempts to cause to any person death or hurt or

wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful

restraint.

When extortion is

robbery Extortion is “robbery” if the offender, at the time of committing the extortion, is in the

presence of the person put in fear, and commits the extortion by putting that person in

fear of instant death, instant hurt, or of instant wrongful restraint to that person, or to

some other person, and, by so putting in fear, induces the person so put in fear then and

there to deliver up the thing extorted.

Explanation.-The offender is said to be present if he is sufficiently near to put the other

person in fear of instant death, of instant hurt, or of instant wrongful restraint.

Illustrations

(a) A holds Z down, and fraudulently takes Z's money and jewels from Z's clothes, without

Z's consent. Here A has committed theft, and, in order to the committing of that theft, has

voluntarily caused wrongful restraint to Z. A has therefore committed robbery.

(b) A meets Z on the high-road, shows a pistol, and demands Z's purse, Z, in

consequence, surrenders his purse. Here A has extorted the purse from Z by putting him

in fear of instant hurt, and being at the time of committing the extortion in his presence. A

has therefore committed robbery.

(c) A meets Z and Z's child on the high-road. A takes the child, and threatens to fling it

down a precipice, unless Z deliver his purse. Z, in consequence, delivers his purse. Here A

has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who

is there present. A has therefore committed robbery on Z.

(d) A obtains property from Z by saying-"Your child is in the hands of my gang, and will

be put to death unless you send us ten thousand taka”. This is extortion, and punishable

as such: but it is not robbery, unless Z is put in fear of the instant death of his child.

Dacoity 391. When five or more persons conjointly commit or attempt to commit a robbery, or

where the whole number of persons conjointly committing or attempting to commit a

robbery, and persons present and aiding such commission or attempt, amount to five or

more, every person so committing, attempting or aiding, is said to commit "dacoity".

Punishment for

robbery 392. Whoever commits robbery shall be punished with rigorous imprisonment for a term

which may extend to ten years, and shall also be liable to fine; and, if the robbery be

committed on the highway between sunset and sunrise, the imprisonment may be

extended to fourteen years.

Attempt to commit

robbery 393. Whoever attempts to commit robbery shall be punished with rigorous imprisonment

for a term which may extend to seven years, and shall also be liable to fine.

Voluntarily causing

hurt in committing

robbery

394. If any person, in committing or in attempting to commit robbery, voluntarily causes

hurt, such person, and any other person jointly concerned in committing or attempting to

commit such robbery shall be punished with 140[ imprisonment] for life, or with rigorous

imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Punishment for

dacoity 395. Whoever commits dacoity shall be punished with 141[ imprisonment] for life, or with

rigorous imprisonment for a term which may extend to ten years, and shall also be liable

to fine.

Dacoity with murder 396. If any one of five or more persons, who are conjointly committing dacoity, commits

murder in so committing dacoity, every one of those persons shall be punished with

death, or 142[ imprisonment] for life, or rigorous imprisonment for a term which may

extend to ten years, and shall also be liable to fine.

Robbery or dacoity,

with attempt with attempt to cause

death or grievous hurt

397. If, at the time of committing robbery or dacoity, the offender uses any deadly

weapon, or causes grievous hurt to any person, or attempts to cause death or grievous

hurt to any person, the imprisonment with which such offender shall be punished shall not

be less than seven years.

Attempt to commit

robbery or dacoity

when armed with

deadly weapon

398. If, at the time of attempting to commit robbery or dacoity, the offender is armed

with any deadly weapon, the imprisonment with which such offender shall be punished

shall not be less than seven years.

Making preparation to

commit dacoity 399. Whoever makes any preparation for committing dacoity, shall be punished with

rigorous imprisonment for a term which may extend to ten years, and shall also be liable

to fine.

Punishment for

belonging to gang of dacoits

400. Whoever, at any time after the passing of this Act, shall belong to a gang of persons

associated for the purpose of habitually committing dacoity, shall be punished with 143[

imprisonment] for life, or with rigorous imprisonment for a term which may extend to ten

years, and shall also be liable to fine.

Punishment for

belonging to gang of

thieves

401. Whoever, at any time after the passing of this Act, shall belong to any wandering or

other gang of persons associated for the purpose of habitually committing theft or

robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous

imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Assembling for 402. Whoever, at any time after the passing of this Act, shall be one of five or more

purpose of

committing dacoity persons assembled for the purpose of committing dacoity, shall be punished with rigorous

imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Of Criminal Misappropriation of Property

Dishonestly

misappropriation of

property

403. Whoever dishonestly misappropriates or converts to his own use any moveable

property, shall be punished with imprisonment of either description for a term which may

extend to two years, or with fine, or with both.

Illustrations

(a) A takes property belonging to Z out of Z's possession in good faith, believing, at the

time when he takes it, that the property belongs to himself. A is not guilty of theft; but if

A, after discovering his mistake, dishonestly appropriates the property to his own use, he

is guilty of an offence under this section.

(b) A, being on friendly terms with Z, goes into Z's library in Z's absence, and takes away

a book without Z's express consent. Here, if A was under the impression that he had Z's

implied consent to take the

book for the purpose of reading it, A has not committed theft. But if A afterwards sells the

book for his own benefit, he is guilty of an offence under this section.

(c) A and B, being joint owners of a horse, A takes the horse out of B's possession,

intending to use it. Here, as A has a right to use the horse, he does not dishonestly

misappropriate it. But, if A sells the horse and appropriates the whole proceeds to his own

use, he is guilty of an offence under this section.

Explanation 1.-A dishonest misappropriation for a time only is a misappropriation within

the meaning of this section.

Illustration

A finds a Government promissory note belonging to Z, bearing a blank endorsement. A,

knowing that the note belongs to Z, pledges it with a banker as a security for a loan,

intending at future time to restore it to Z. A has committed an offence under this section.

Explanation 2.-A person who finds property not in the possession of any other person,

and takes such property for the purpose of protecting it for, or of restoring it to, the

owner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but

he is guilty of the offence above defined, if he appropriates it to his own use, when he

knows or has the means of discovering the owner, or before he has used reasonable

means to discover and give notice to the owner and has kept the property a reasonable

time to enable the owner to claim it.

What are reasonable means or what is a reasonable time in such a case, is a question of

fact.

It is not necessary that the finder should know who is the owner of the property, or that

any particular person is the owner of it, it is sufficient if, at the time of appropriating it, he

does not believe it to be his own property, or in good faith believes that the real owner

cannot be found.

Illustrations

(a) A finds a taka on the high-road, not knowing to whom the taka belongs. A picks up the

taka. Here A has not committed the offence defined in this section.

(b) A finds a letter on the road, containing a bank note. From the direction and contents of

the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an

offence under this section.

(c) A finds a cheque payable to bearer. He can form no conjecture as to the person who

has lost the cheque. But the name of the person, who has drawn the cheque, appears. A

knows that this person can direct him to the person on whose favour the cheque was

drawn. A appropriates the cheque without attempting to discover the owner. He is guilty

of an offence under this section.

(d) A sees Z drop his purse with money in it. A picks up the purse with the intention of

restoring it to Z, but afterwards appropriates it to his own use. A has committed an

offence under this section.

(e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers

that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this

section.

(f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without

attempting to discover the owner. A is guilty of an offence under this section.

Dishonestly

misappropriation of

property possessed by

deceased person at

the time of his death

404. Whoever dishonestly misappropriates or converts to his own use property, knowing

that such property was in the possession of a deceased person at the time of that person's

decease and has not since been in the possession of any person legally entitled to such

possession, 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 offender at the time

of such person's decease was employed by him as a clerk or servant, the imprisonment

may extend to seven years.

Illustration

Z dies in possession of furniture and money. His servant A, before the money comes into

possession of any person entitled to such possession dishonestly misappropriates it. A has

committed the offence defined in this section.

Of Criminal Breach of Trust

Criminal breach of

trust 405. Whoever, being in any manner entrusted with property, or with any dominion over

property, dishonestly misappropriates or converts to his own use that property, or

dishonestly uses or disposes of that property in violation of any direction of law

prescribing the mode in which such trust is to be discharged, or of any legal contract,

express or implied, which he has made touching the discharge of such trust, or wilfully

suffers any other person so to do, commits "criminal breach of trust".

Illustrations

(a) A, being executor to the will of a deceased person, dishonestly disobeys the law which

directs him to divide the effects according to the will, and appropriates them to his own

use. A has committed criminal breach of trust.

(b) A is a warehouse-keeper. Z, going on a journey, entrusts his furniture to A, under a

contract that it shall be returned on payment of a stipulated sum for warehouse-room. A

dishonestly sells the goods. A has committed criminal breach of trust.

(c) A, residing in Dhaka, is agent for Z, residing at 144[ Chittagong]. There is an express or

implied contract between A and Z, that all sums remitted by Z to A shall be invested by A,

according to Z's direction. Z remits a lakh of taka to A, with directions to A to invest the

same in Company's paper. A dishonestly disobeys the directions and employs the money

in his own business. A has committed criminal breach of trust.

(d) But if A, in the last illustration, not dishonestly but in good faith, believing that it will

be more for Z's advantage to hold shares in the Bank of Bengal, disobeys Z's directions,

and buys shares in the Bank of Bengal, for Z, instead of buying Company's paper, here,

though Z should suffer loss, and should be entitled to bring a civil action against A, on

account of that loss, yet A, not having acted dishonestly, has not committed criminal

breach of trust.

(e) A, a revenue-officer, is entrusted with public money and is either directed by law, or

bound by a contract, express or implied, with the Government, to pay into a certain

treasury all the public money which he holds. A dishonestly appropriates the money. A has

committed criminal breach of trust.

(f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A

dishonestly misappropriates the property. A has committed criminal breach of trust.

Punishment for

criminal breach of

trust

406. Whoever commits criminal breach of trust shall be punished with imprisonment of

either description for a term which may extend to three years, or with fine, or with both.

Criminal breach of trust by carrier, etc

407. Whoever, being entrusted with property as a carrier, wharfinger or warehouse-

keeper, commits criminal breach of trust in respect of such property, shall be punished

with imprisonment of either description for a term which may extend to seven years, and

shall also be liable to fine.

Criminal breach of

trust by clerk or

servant

408. Whoever, being a clerk or servant or employed as a clerk or servant, and being in

any manner entrusted in such capacity with property, or with any dominion over property,

commits criminal breach of trust in respect of that property, shall be punished with

imprisonment of either description for a term which may extend to seven years, and shall

also be liable to fine.

Criminal breach of

trust by public

servant, or by banker,

merchant or agent

409. Whoever, being in any manner entrusted with property, or with any dominion over

property in his capacity of a public servant or in the way of his business as a banker,

merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of

that property, shall be punished with 145[ 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.

Of the Receiving of Stolen Property

Stolen property 410. Property, the possession whereof has been transferred by theft, or by extortion, or

by robbery, and property which has been criminally misappropriated or in respect of which

criminal breach of trust has been committed, is designated as "stolen property," whether

the transfer has been made, or the misappropriation or breach of trust has been

committed, within or without Bangladesh. But, if such property subsequently comes into

the possession of a person legally entitled to the possession thereof, it then ceases to be

stolen property.

Dishonestly receiving

stolen property 411. Whoever dishonestly receives or retains any stolen property, knowing or having

reason to believe the same to be stolen property, shall be punished with imprisonment of

either description for a term which may extend to three years, or with fine, or with both.

Dishonestly receiving

property stolen in the

commission of a

dacoity

412. Whoever dishonestly receives or retains any stolen property, the possession whereof

he knows or has reason to believe to have been transferred by the commission of dacoity,

or dishonestly receives from a person, whom he knows or has reason to believe to belong

or to have belonged to a gang of dacoits, property which he knows or has reason to

believe to have been stolen, shall be punished with 146[ imprisonment] for life, or with

rigorous imprisonment for a term which may extend to ten years, and shall also be liable

to fine.

Habitually dealing in

stolen property 413. Whoever habitually receives or deals in property which he knows or has reason to

believe to be stolen property, shall be punished with 147[ 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.

Assisting in

concealment of stolen

property

414. Whoever voluntarily assists in concealing or disposing of or making away with

property which he knows or has reason to believe to be stolen property, shall be punished

with imprisonment of either description for a term which may extend to three years, or

with fine, or with both.

Of Cheating

Cheating 415. Whoever, by deceiving any person, fraudulently or dishonestly induces the person so

deceived to deliver any property to any person, or to consent that any person shall retain

any property, or intentionally induces the person so deceived to do or omit to do anything

which he would not do or omit if he were not so deceived, and which act or omission

causes or is likely to cause damage or harm to that person in body, mind, reputation or

property, is said to "cheat".

Explanation.A dishonest concealment of facts is a deception within the meaning of this

section.

Illustrations

(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus

dishonestly induces Z to let him have on credit goods for which he does not mean, to pay.

A cheats.

(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief

that this article was made by a certain celebrated manufacturer, and thus dishonestly

induces Z to buy and pay for the article, A cheats.

(c) A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believing

that the article corresponds with the sample, and thereby dishonestly induces Z to buy

and pay for the article. A cheats.

(d) A, by tendering in payment for an article a bill on a house with which A keeps no

money, and by which A expects that the bill will be dishonoured, intentionally deceives Z,

and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A

cheats.

(e) A, by pledging as diamonds articles which he knows are not diamonds intentionally

deceives Z, and thereby dishonestly induces Z to lend money. A cheats.

(f) A intentionally deceives Z into a belief that A means to repay any money that Z may

lend to him and thereby dishonestly induces Z to lend him money, A not intending to

repay it. A cheats.

(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity

of indigo plant which he does not intent to deliver, and thereby dishonestly induces Z to

advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining

the money, intends to deliver the indigo plant, and afterwards breaks his contract and

does not deliver it, he does not cheat, but is liable only to a civil action for breach of

contract.

(h) A intentionally deceives Z into a belief that A has performed A's part of a contract

made with Z, which he has not performed, and thereby dishonestly induces Z to pay

money. A cheats.

(i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has

no right to the property, sells or mortgages the same to Z, without disclosing the fact of

the previous sale and conveyance to B, and receive the purchase or mortgage money

from Z, A cheats.

Cheating by

personation 416. A person is said to "cheat by personation" if he cheats by pretending to be some

other person, or by knowingly substituting one person for another, or representing that he

or any other person is a person other than he or such other person really is.

Explanation.-The offence is committed whether the individual personated is a real or

imaginary person.

Illustrations

(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by

personation.

(b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.

Punishment for cheating

417. Whoever cheats shall be punished with imprisonment of either description for a term

which may extend to one year, or with fine, or with both.

Cheating with

knowledge that wrongful loss may

ensue to person

whose interest

offender is bound to

protect

418. Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss

to a person whose interest in the transaction to which the cheating relates, he was bound

either by law, or by legal contract, to protect, 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

cheating by

personation

419. Whoever cheats by personation shall be punished with imprisonment of either

description for a term which may extend to three years, or with fine, or with both.

Cheating and

dishonestly inducing

deliver of property

420. Whoever cheats and thereby dishonestly induces the person deceived to deliver any

property to any person, or to make, alter or destroy the whole or any part of a valuable

security, or anything which is signed or sealed, and which is capable to being converted

into a 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.

Of Fraudulent Deeds and Dispositions of Property

Dishonest or

fraudulent removal or

concealment of

property to prevent

distribution among

creditors

421. Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or

transfers or causes to be transferred to any person, without adequate consideration, any

property, intending thereby to prevent, or knowing it to be likely that he will thereby

prevent, the distribution of that property according to law among his creditors or the

creditors of any other person, shall be punished with imprisonment of either description

for a term which may extend to two years, or with fine, or with both.

Dishonestly or fraudulently

preventing debt being

available for creditors

422. Whoever dishonestly or fraudulently prevents any debt or demand due to himself or

to any other person from being made available according to law for payment of his debts

or the debts of such other person, shall be punished with imprisonment of either

description for a term which may extend to two years, or with fine, or with both.

Dishonest or

fraudulent execution

of deed of transfer

containing false

statement of consideration

423. Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed

or instrument which purports to transfer or subject to any charge any property, or any

interest therein, and which contains any false statement relating to the consideration for

such transfer or charge, or relating to the person or persons for whose use or benefit it is

really intended to operate, shall be punished with imprisonment of either description for a

term which may extend to two years, or with fine, or with both.

Dishonest or

fraudulent removal or

concealment of

property

424. Whoever dishonestly or fraudulently conceals or removes any property of himself or

any other person, or dishonestly or fraudulently assists in the concealment or removal

thereof, or dishonestly releases any demand or claim to which he is entitled, shall be

punished with imprisonment of either description for a term which may extend to two

years, or with fine, or with both.

Of Mischief

Dishonest or fraudulent removal or

concealment of

property

425. Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or

damage to the public or to any person, causes the destruction of any property, or any

such change in any property or in the situation thereof as destroys or diminishes its value

or utility, or affects it injuriously, commits "mischief".

Explanation 1.It is not essential to the offence of mischief that the offender should

intend to cause loss or damage to the owner of the property injured or destroyed. It is

sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or

damage to any person by injuring any property, whether it belongs to that person or not.

Explanation 2.-Mischief may be committed by an act affecting property belonging to the

person who commits the act, or to that person and others jointly.

Illustrations

(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss

to Z. A has committed mischief.

(b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt,

intending wrongful loss to Z. A has committed mischief.

(c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby

causing wrongful loss to Z. A has committed mischief.

(d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt

due from him to Z, destroys those effects, with the intention of thereby preventing Z from

obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed

mischief.

(e) A having insured a ship, voluntarily causes the same to be cast away, with the

intention of causing damage to the underwriters. A has committed mischief.

(f) A, causes a ship to be cast away, intending thereby to cause damage to Z who has lent

money on bottomry on the ship. A has committed mischief.

(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to

cause wrongful loss to Z. A has committed mischief.

(h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing

that he is likely to cause damage to Z's crop. A has committed mischief.

Punishment for

mischief 426. Whoever commits mischief shall be punished with imprisonment of either description

for a term which may extend to three months, or with fine, or with both.

Mischief causing damage to the

amount of fifty taka

427. Whoever commits mischief and thereby causes loss or damage to the amount of fifty

taka or upwards, shall be punished with imprisonment of either description for a term

which may extend to two years, or with fine, or with both.

Mischief by killing or

maiming animal of the

value of ten taka

428. Whoever commits mischief by killing, poisoning, maiming or rendering useless any

animal or animals of the value of ten taka or upwards, shall be punished with

imprisonment of either description for a term which may extend to two years, or with fine,

or with both.

Mischief by killing or maiming cattle, etc, of

any value or any

animal of the value of

fifty taka

429. Whoever commits mischief by killing, poisoning, maiming or rendering useless, any

elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof,

or any other animal of the value of fifty taka or upwards, shall be punished with

imprisonment of either description for a term which may extend to five years, or with fine,

or with both.

Mischief by injury to

works of irrigation or

by wrongfully

diverting water

430. Whoever commits mischief by doing any act which causes, or which he knows to be

likely to cause, a diminution of the supply of water for agricultural purposes, or for food or

drink for human beings or for animals which are property, or for cleanliness or for carrying

on any manufacture, shall be punished with imprisonment of either description for a term

which may extend to five years, or with fine, or with both.

Mischief by injury to

public road, bridge,

river or channel

431. Whoever commits mischief by doing any act which renders or which he knows to be

likely to render any public road, bridge, navigable river or navigable channel, natural or

artificial, impassable or less safe for traveling or conveying property, shall be punished

with imprisonment of either description for a term which may extend to five years, or with

fine, or with both.

Mischief by causing

inundation or

obstruction to public

drainage attended

with damage

432. Whoever commits mischief by doing any act which causes or which he knows to be

likely to cause an inundation or an obstruction to any public drainage attended with injury

or damage, shall be punished with imprisonment of either description for a term which

may extend to five years, or with fine, or with both.

Mischief by

destroying, moving or

rendering less useful

a light-house or sea- mark

433. Whoever commits mischief by destroying or moving any light-house or other light

used as a sea-mark, or any sea-mark or buoy or other thing placed as a guide for

navigators, or by any act which renders any such light-house, sea-mark, buoy or other

such thing as aforesaid less useful as a guide for navigators, shall be punished with

imprisonment of either description for a term which may extend to seven years, or with

fine, or with both.

Mischief of destroying

or moving, etc, a

land-mark fixed by

public authority

434. Whoever commits mischief by destroying or moving any land-mark fixed by the

authority of a public servant, or by any act which renders such land-mark less useful as

such, shall be punished with imprisonment of either description for a term which may

extend to one year, or with fine, or with both.

Mischief by fire or

explosive substance with intent to cause

damage to amount of

one hundred or (in

case of agricultural

produce) ten taka

435. Whoever commits mischief by fire or any explosive substance, intending to cause, or

knowing it to be likely that he will thereby cause, damage to any property to the amount

of one hundred taka or upwards or (where the property is agricultural produce) ten taka

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.

Mischief by fire or

explosive substance

with intent to destroy

house, etc

436. Whoever commits mischief by fire or any explosive substance, intending to cause, or

knowing it to be likely that he will thereby cause, the destruction of any building which is

ordinarily used as a place of worship or as a human dwelling or as a place for the custody

of property, shall be punished with 148[ 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.

Mischief with intent to

destroy or make

unsafe a decked

vessel or one of

twenty tons burden

437. Whoever commits mischief to any decked vessel or any vessel of a burden of twenty

tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he

will thereby destroy or render unsafe, that vessel, shall be punished with imprisonment of

either description for a term which may extend to ten years, and shall also be liable to

fine.

Punishment for the

mischief described in

section 437

committed by fire or explosive substance

438. Whoever commits, or attempts to commit, by fire or any explosive substance, such

mischief as is described in the last preceding section, shall be punished with 149[

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.

Punishment for

intentionally running

vessel aground or ashore with intent to

commit theft, etc

439. Whoever intentionally runs any vessel aground or ashore, intending to commit theft

of any property contained therein or to dishonestly misappropriate any such property, or

with intent that such theft or misappropriation of property may be committed, shall be

punished with imprisonment of either description for a term which may extend to ten

years, and shall also be liable to fine.

Mischief committed

after preparation made for causing

death or hurt

440. Whoever commits mischief, having made preparation for causing to any person

death, or hurt, or wrongful restraint, or fear of death, or of hurt or of wrongful restraint,

shall be punished with imprisonment of either description for a term which may extend to

five years, and shall also be liable to fine.

Of Criminal Trespass

Criminal trespass 441. Whoever enters into or upon property in the possession of another with intent to

commit an offence or to intimidate, insult or annoy any person in possession of such

property,or, having lawfully entered into or upon such property, unlawfully remains there

with intent thereby to intimidate, insult or annoy any such person, or with intent to

commit an offence, is said to commit "criminal trespass".

House-trespass 442. Whoever commits criminal trespass by entering into or remaining in any building,

tent or vessel used as a human dwelling or any building used as a place for worship, or as

a place for the custody of property, is said to commit "house-trespass".

Explanation.-The introduction of any part of the criminal trespasser's body is entering

sufficient to constitute house-trespass.

Lurking house-

trespass 443. Whoever commits house-trespass having taken precautions to conceal such house-

trespass from some person who has a right to exclude or eject the trespasser from the

building, tent or vessel which is the subject of the trespass, is said to commit "lurking

house-trespass".

Lurking house

trespass by night 444.. Whoever commits lurking house-trespass after sunset and before sunrise, is said to

commit "lurking house-trespass by night".

House-breaking 445. A person is said to commit “house-breaking" who commits house-trespass if he

effects his entrance into the house or any part of it in any of the six ways hereinafter

described; or if, being in the house or any part of it for the purpose of committing an

offence, or, having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say:

Firstly.-If he enters or quits through a passage made by himself, or by any abettor of the

house-trespass, in order to the committing of the house-trespass.

Secondly.-If he enters or quits through any passage not intended by any person, other

than himself or an abettor of the offence, for human entrance; or through any passage to

which he has obtained access by scaling or climbing over any wall or building.

Thirdly.-If he enters or quits through any passage which he or any abettor of the house-

trespass has opened, in order to the committing of the house-trespass by any means by

which that passage was not intended by the occupier of the house to be opened.

Fourthly.-If he enters or quits by opening any lock in order to the committing of the

house-trespass, or in order to the quitting of the house after a house-trespass.

Fifthly.-If he effects his entrance or departure by using criminal force or committing an

assault, or by threatening any person with assault.

Sixthly.-If he enters or quits by any passage which he knows to have been fastened

against such entrance or departure, and to have been unfastened by himself or by an

abettor of the house-trespass.

Explanation.-Any out-house or building occupied with a house, and between which and

such house there is an immediate internal communication, is part of the house within the

meaning of this section.

Illustrations

(a) A commits house-trespass by making a hole through the wall of Z's house, and putting

his hand through the aperture. This is house-breaking.

(b) A commits house-trespass by creeping into a ship at a port-hole between decks. This

is house-breaking.

(c) A commits house-trespass by entering Z's house through a window. This is house-

breaking.

(d) A commits house-trespass by entering Z's house through the door, having opened a

door which was fastened. This is house-breaking.

(e) A commits house-trespass by entering Z's house through the door, having lifted a

latch by putting a wire through a hole in the door. This is house-breaking.

(a) A finds the key of Z's house door, which Z had lost, and commits house-trespass by

entering Z's house, having opened the door with that key. This is house-breaking.

(b) Z is standing in his doorway. A forces a passage by knocking Z down, and commits

house-trespass by entering the house. This is house breaking.

(h) Z, the door-keeper of Y, is standing in Y's doorway. A commits house-trespass by

entering the house, having deterred Z from opposing him by threatening to beat him. This

is house-breaking.

House-breaking by

night 446. Whoever commits house-breaking after sunset and before sunrise, is said to commit

"house-breaking by night".

Punishment for criminal trespass

447. Whoever commits criminal trespass 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.

Punishment for

house-trespass 448. Whoever commits house-trespass 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.

House-trespass in

order to commit

offence punishable

with death

449. Whoever commits house-trespass in order to the committing of any offence

punishable with death, shall be punished with [imprisonment] for life, or with rigorous

imprisonment for a term not exceeding ten years, and shall also be liable to fine.

House-trespass in

order to commit

offence punishable

with imprisonment for

life

450. Whoever commits house-trespass in order to the committing of any offence

punishable with 150[ imprisonment] for life, shall be punished with imprisonment of either

description for a term not exceeding ten years, and shall also be liable to fine.

House-trespass in

order to commit

offence punishable

with imprisonment

451. Whoever commits house-trespass in order to the committing of any offence

punishable with imprisonment, shall be punished with imprisonment of either description

for a term which may extend to two years, and shall also be liable to fine; and if the

offence intended to be committed is theft, the term of the imprisonment may be extended

to seven years.

House-trespass after

preparation for hurt,

assault or wrongful

restraint

452. Whoever commits house-trespass, having made preparation for causing hurt to any

person or for assaulting any person, or for wrongfully restraining any person, or for

putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished

with imprisonment of either description for a term which may extend to seven years, and

shall also be liable to fine.

Punishment for

lurking house-

trespass or house- breaking

453. Whoever commits lurking house-trespass or house-breaking, shall be punished with

imprisonment of either description for a term which may extend to two years, and shall

also be liable to fine.

Lurking house-

trespass or house-

breaking in order to

454. Whoever commits lurking house-trespass or house-breaking, in order to the

committing of any offence punishable with imprisonment, shall be punished with

imprisonment of either description for a term which may extend to three years, and shall

commit offence

punishable with

imprisonment

also be liable to fine; and if the offence intended to be committed is theft, the term of the

imprisonment may be extended to ten years.

Lurking house- trespass or house-

breaking after

preparation for hurt,

assault or wrongful

restraint

455. Whoever commits lurking house-trespass, or house-breaking, having made

preparation for causing hurt to any person, or for assaulting any person, or for wrongfully

restraining any person, or for putting any person in fear of hurt or of assault or of

wrongful restraint, shall be punished with imprisonment of either description for a term

which may extend to ten years, and shall also be liable to fine.

Punishment for

lurking house-

trespass or house-

breaking by night

456. Whoever commits lurking house-trespass by night, or house-breaking by night, shall

be punished with imprisonment of either description for a term which may extend to three

years, and shall also be liable to fine.

Lurking house-

trespass or house-

breaking by night in

order to commit

offence punishable with imprisonment

457. Whoever commits lurking house-trespass by night, or house breaking by night, in

order to the committing of any offence punishable with imprisonment, shall 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 intended to be committed is theft, the term

of the imprisonment may be extended to fourteen years.

Lurking house-

trespass or house-

breaking by night, after preparation for

hurt, assault or

wrongful restraint

458. Whoever commits lurking house-trespass by night or house breaking by night,

having made preparation for causing hurt to any person or for assaulting any person, or

for wrongfully restraining any person, or for putting any person in fear of hurt, or of

assault, or wrongful restraint, shall be punished with imprisonment of either description

for a term which may extend to fourteen years, and shall also be liable to fine.

Grievous hurt caused

whilst committing

lurking house-

trespass or house-

breaking

459. Whoever, whilst committing lurking house-trespass or house-breaking, causes

grievous hurt to any person or attempts to cause death of grievous hurt to any person,

shall be punished with 151[ imprisonment] for life, or imprisonment of either description for

a term which may extend to ten years, and shall also be liable to fine.

All persons jointly

concerned in lurking

house-trespass or

house breaking by

night punishable where death or

grievous hurt caused

by one of them

460. If, at the time of the committing of lurking house-trespass by night or house

breaking by night, any person guilty of such offence shall voluntarily cause or attempt to

cause death or grievous hurt to any person, every person jointly concerned in committing

such lurking house-trespass by night or house breaking by night, shall be punished with

[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.

Dishonestly breaking open receptacle

containing property

461. Whoever dishonestly or with intent to commit mischief breaks open or unfastens any

closed receptacle which contains or which he believes to contain property, shall be

punished with imprisonment of either description for a term which may extend to two

years, or with fine, or with both.

Punishment for same offence when

committed by person

entrusted with

custody

462. Whoever, being entrusted with any closed receptacle which contains or which he

believes to contain property, without having authority to open the same, dishonestly, or

with intent to commit mischief, breaks open or unfastens that receptacle, shall be

punished with imprisonment of either description for a term which may extend to three

years, or with fine, or with both.

Of the loss of property of Banking Company

Penalty for negligent conduct of bank

officers and

employees

462A. Whoever, being an officer or employee of a banking company, by his negligent

conduct in dealing with a banking transaction allows any customer of the company or any

other person to cause loss of property to the company shall be punished with

imprisonment of either description for a term which may extend to two years or with fine

or with both.

Explanation.-An officer or employee of a banking company shall be guilty or negligent

conduct if in discharging his duties he fails, either wilfully or negligently, to follow any

direction of law prescribing the mode in which such duties are to be discharged.

Penalty for defrauding banking company

462B. Whoever fraudulently receives any benefit from a banking company in the course of

any banking transaction 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 section 462A and in this section “banking company” means

(a) banking company as defined in section 5(c) of the Banking Company Ordinance, 1962

(LVII of 1962);

(a) a bank constituted under the Bangladesh Banks (Nationaliza-tion) Order, 1972 (P.O.

No. 26 of 1972);

(b) a financial institution as defined in section 50(c) of the Bangladesh Bank Order, 1972

(P.O. No. 127 of 1972);

(c) Bangladesh Shilpa Rin Sangstha established under the Bangladesh Shilpa Rin Sangstha

Order, 1972 (P. O. No. 128 of 1972);

(d) Bangladesh Shilpa Bank established under the Bangladesh Shilpa Bank Order, 1972

(P.O. No. 129 of 1972);

(e) Bangladesh House Building Finance Corporation established under the Bangladesh

House Building Finance Corporation Order, 1973 (P.O. No. 7 of 1973);

(g) Bangladesh Krishi Bank established under the Bangladesh Krishi Bank Order, 1973

(P.O. No. 27 of 1973);

(h) Investment Corporation of Bangladesh established under the Investment Corporation

of Bangladesh Ordinance, 1976 (XL of 1976);

(i) Grameen Bank established under the Grameen Bank Ordinance, 1983 (XLVI of 1983);

(j) Rajshahi Krishi Unnayan Bank established under the Rajshahi Krishi Unnayan Bank

Ordinance, 1986 (LVIII of 1986);

(k) a bank conducted in accordance with Islamic shariah.]

CHAPTER XVIII

OF OFFENCES RELATING TO DOCUMENTS AND TO TRADE OR PROPERTY MARKS

Forgery 463. Whoever makes any false document or part of a document, with intent to cause

damage or injury, to the public or to any person, or to support any claim or title, or to

cause any person to part with property, or to enter into any express or implied contract,

or with intend to commit fraud or that fraud may be committed, commits forgery.

Making a false

document 464. A person is said to make a false document

Firstly.-Who dishonesty or fraudulently makes, signs, seals or executes a document or

part of a document, or makes any mark denoting the execution of a document, with the

intention of causing it to be believed that such document or part of a document was

made, signed, sealed or executed by or by the authority of a person by whom or by whose

authority he knows that it was not made, signed, sealed or executed, or at a time at

which he knows that it was not made, signed, sealed or executed; or

Secondly.-Who, without lawful authority, dishonestly or fraudulently, by cancellation or

otherwise, alters a document in any material part thereof, after it has been made or

executed either by himself or by any other person, whether such person be living or dead

at the time of such alteration; or

Thirdly.-Who dishonestly or fraudulently causes any person to sign, seal, execute or alter

a document, knowing that such person by reason of unsoundness of mind or intoxication

cannot, or that by reason of deception practiced upon him he does not know the contents

of the document or the nature of the alteration.

Illustrations

(a) A has a letter of credit upon B for taka 10,000, written by Z. A, in order to defraud B,

adds a cipher to the 10,000 and makes the sum 1,00,000, intending that it may be

believed by B that Z so wrote the letter. A has committed forgery.

(b) A, without Z's authority, affixes Z's seal to a document purporting to be a conveyance

of an estate from Z to A, with the intention of selling the estate to B and thereby of

obtaining from B the purchase-money. A has committed forgery.

(c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum

having been inserted in the cheque. A fraudulently fills up the cheque by inserting the sum

of ten thousand taka. A commits forgery.

(d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the

sum payable and authorizes B to fill up the cheque by inserting a sum not exceeding ten

thousand taka for the purpose of making certain payments. B fraudulently fills up the

cheque by inserting the sum of twenty thousand taka. B commits forgery.

(e) A draws a bill of exchange on himself in the name of B without B's authority, intending

to discount it as a genuine bill with a banker and intending to take up the bill on its

maturity. Here, as A draws the bill with intent to deceive the banker by leading him to

suppose that he had the security of B, and thereby to discount the bill, A is guilty of

forgery.

(f) Z's will contains these words- "I direct that all my remaining property be equally

divided between A, B and C." A dishonestly scratches out B's name, intending that it may

be believed that the whole was left to himself and C. A has committed forgery.

(g) A endorses a Government promissory note and makes it payable to Z or his order by

writing on the bill the words "pay to Z or his order" and signing the endorsement. B

dishonestly erases the words "pay to Z or his order" and thereby converts the special

endorsement into a blank endorsement. B commits forgery.

(h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate

executes a conveyance of the same estate to B, dated six months earlier than the date of

the conveyance to Z, intending it to be believed that he had conveyed the estate to B

before he conveyed it to Z. A has committed forgery.

(i) Z dictates his will to A. A intentionally writes down a different legatee from the legatee

named by Z, and by representing to Z that he has prepared the will according to his

instructions, induces Z to sign the will. A has committed forgery.

(j) A writes a letter and signs it with B's name without B's authority, certifying that A is a

man of good character and in distressed circumstances from unforeseen misfortune,

intending by means of such letter to obtain alms from Z and other persons. Here, as A

made a false document in order to induce Z to part with property, A has committed

forgery.

(k) A without B's authority writes a letter and signs it in B's name certifying to A's

character, intending thereby to obtain employment under Z. A has committed forgery

inasmuch as he intended to deceive Z by the forged certificate, and thereby to induce Z to

enter into an express or implied contract for service.

Explanation 1.-A man's signature of his own name may amount to forgery.

Illustrations

(a) A signs his own name to a bill of exchange, intending that it may be believed that the

bill was drawn by another person of the same name. A has committed forgery.

(b) A writes the word "accepted" on a piece of paper and signs it with Z's name, in order

that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and

negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B,

knowing the fact, draws the bill upon the paper pursuant to A's intention, B is also guilty

of forgery.

(c) A picks up a bill of exchange payable to the order of a different person of the same

name. A endorses the bill in his own name, intending to cause it to be believed that it was

endorsed by the person to whose order it was payable, Here A has committed forgery.

(d) A purchases an estate sold under execution of a decree against B. B, after the seizure

of the estate, in collusion with Z, executes a lease of the estate, to Z at a nominal rent

and for a long period and dates the lease six months prior to the seizure, with intent to

defraud A, and to cause it to be believed that the lease was granted before the seizure. B,

though he executes the lease in his own name, commits forgery by antedating it.

(e) A, a trader, in anticipation of insolvency, lodges effects with B for A's benefit, and with

intent to defraud his creditors; and in order to give a colour to the transaction, writes a

promissory note binding himself to pay to B a sum for value received, and antedates the

note, intending that it may be believed to have been made before A was on the point of

insolvency. A has committed forgery under the first head of the definition.

Explanation 2.- The making of a false document in the name of a fictitious person,

intending it to be believed that the document was made by a real person, or in the name

of a deceased person, intending it to be believed that the document was made by the

person in his lifetime, may amount to forgery.

Illustration

A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the

name of such fictitious person with intent to negotiate it. A commits forgery.

Punishment for

forgery 465. Whoever commits forgery shall be punished with imprisonment of either description

for a term which may extend to two years, or with fine, or with both.

Forgery of record of Court or of public

register, etc

466. Whoever forges a document, purporting to be a record or proceeding of or in a Court

of Justice, or a register of birth, baptism, marriage or burial, or a register kept by a public

servant as such, or a certificate or document purporting to be made by a public servant in

his official capacity, or an authority to institute or defend a suit, or to take any

proceedings therein, or to confess judgment, or a power of attorney, shall be punished

with imprisonment of either description for a term which may extend to seven years, and

shall also be liable to fine.

Forgery of valuable

security, will, etc 467. Whoever forges a document which purports to be a valuable security or a will, or an

authority to adopt a son,

or which purports to give authority to any person to make or transfer any valuable

security, or to receive the principal, interest or dividends thereon, or to receive or deliver

any money, moveable property, or valuable security, or any document purporting to be an

acquaintance or receipt acknowledging the payment of money, or an acquaintance or

receipt for the delivery of any moveable property or valuable security, shall be punished

with 152[ 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.

Forgery for purpose of

cheating 468. Whoever commits forgery, intending that the document forged shall be used for the

purpose of cheating, shall be punished with imprisonment of either description for a term

which may extend to seven years, and shall also be to liable to fine.

Forgery for purpose of

harming reputation 469. Whoever commits forgery, intending that the document forged shall harm the

reputation of any party, or knowing that it is likely 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.

Forged document 470. A false document made wholly or in part by forgery is designated “a forged

document".

Using as genuine a

forged document 471. Whoever fraudulently or dishonestly uses as genuine any document which he knows

or has reason to believe to be a forged document, shall be punished in the same manner

as if he had forged such document.

Making or possessing

counterfeit seal, etc,

with intent to commit

forgery punishable

under section 467

472. Whoever makes or counterfeits any seal, plate or other instrument for making an

impression, intending that the same shall be used for the purpose of committing any

forgery which would be punishable under section 467 of this Code, or, with such intent,

has in his possession any such seal, plate or other instrument, knowing the same to be

counterfeit, shall be punishable with 153[ imprisonment] for life, or with imprisonment of

either description for a term which may extend to seven years, and shall also be liable to

fine.

Making or possessing

counterfeit seal, etc, with intent to commit

forgery punishable

otherwise

473. Whoever makes or counterfeits any seal, plate or other instrument for making an

impression, intending that the same shall be used for the purpose of committing any

forgery which would be punishable under any section of this chapter other than section

467, or, with such intend, has in his possession any such seal, plate or other instrument,

knowing the same to be 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.

Having possession of

document described

in section 466 or 467, knowing it to be

forged and intending

to use it as genuine

474. Whoever has in his possession any document, knowing the same to be forged, and

intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the

document is one of the description mentioned in section 466 of this Code, 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 document is one of the description mentioned in

section 467, shall be punished with 154[ imprisonment] for life, or with imprisonment of

either description for a term which may extend to seven years, and shall also be liable to

fine.

Counterfeiting device or mark used for

authenticating

documents described

in section 467, or

possessing counterfeit marked

material

475. Whoever counterfeits upon, or in the substance of, any material, any device or mark

used for the purpose of authenticating any document described in section 467 of this

Code, intending that such device or mark shall be used for the purpose of giving the

appearance of authenticity to any document then forged or thereafter to be forged on

such material or who, with such intent, has in his possession any material upon or in the

substance of which any such device or mark has been counterfeited, shall be punished

with [imprisonment] for life, or with imprisonment of either description for a term which

may extend to seven years, and shall also be liable to fine.

Counterfeiting device or mark used for

authenticating

documents other than

those described in

section 467, or

possessing counterfeit marked

material

476. Whoever counterfeits upon, or in the substance of, any material, any device or mark

used for the purpose of authenticating any document other than the document described

in section 467 of this Code, intending that such device or mark shall be used for the

purpose of giving the appearance of authenticity to any document then forged or

thereafter to be forged on such material, or who, with such intent, has in his possession

any material upon or in the substance of which any such device or mark has been

counterfeited, shall be punished with imprisonment of either description for a term which

may extend to seven years, and shall also be liable to fine.

Fraudulent

cancellation, destruction, etc, of

will, authority to

adopt, or valuable

security

477. Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the

public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy or

deface, or secrets or attempts to secret any document which is or purports to be a will, or

an authority to adopt a son, or any valuable security, or commits mischief in respect to

such document, shall be punished with 155[ imprisonment] for life, or with imprisonment of

either description for a term which may extend to seven years, and shall also be liable to

fine.

Falsification of

accounts

156[ 477A. Whoever, being a clerk, officer or servant, or employed or acting in the capacity

of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters,

mutilates or falsifies any book, paper, writing, valuable security or account which belongs

to or is in the possession of his employer, or has been received by him for or on behalf of

his employer, or wilfully, and with intent to defraud, makes or abets the making of any

false entry in, or omits or alters or abets the omission or alteration of any material

particular from or in, any such book, paper, writing, valuable security or account, shall be

punished with imprisonment of either description for a term which may extend to seven

years, or with fine, or with both.

Explanation.-It shall be sufficient in any charge under this section to allege a general

intent to defraud without naming any particular person intended to be defrauded or

specifying any particular sum of money intended to be the subject of the fraud, or any

particular day on which the offence was committed.]

Of Trade, Property and Other Marks

Trade mark 478. A mark used for denoting that goods are the manufacture or merchandise of a

particular person is called a trade mark, and for the purposes of this Code the expression

"trade mark" includes any trade mark which is registered in the register of trade marks

kept under the Patents, Designs and Trade Marks Act, 1883, and any trade mark which,

either with or without registration, is protected by law in any British possession or Foreign

State to which the provisions of the one hundred and third section of the Patents, Designs

and Trade Marks Act, 1883, are, under Order-in-Council, for the time being applicable.

Property mark 479. A mark used for denoting that moveable property belongs to a particular person is

called a property mark.

Using a false trade

mark 480. Whoever marks any goods or any case, package or other receptacle containing

goods, or uses any case, package or other receptacle with any mark thereon, in a manner

reasonably calculated to cause it to be believed that the goods so marked, or any good

contained in any such receptacle so marked, are the manufacture or merchandise of a

person whose manufacture or merchandise they are not, is said to use a false trade mark.

Using a false property mark

481. Whoever marks any moveable property or goods or any case, package or other

receptacle containing moveable property or goods, or uses any case, package or other

receptacle having any mark thereon, in a manner reasonably calculated to cause it to be

believed that the property or goods so marked, or any property or goods contained in any

such receptacle so marked, belong to a person to whom they do not belong, is said to use

a false property mark.

Punishment for using

a false trade mark or property mark

482. Whoever use any false trade mark or any false property mark shall, unless he proves

that he acted without intent to defraud, be punished with imprisonment of either

description for a term which may extend to one year, or with fine, or with both.

Counterfeiting a trade

mark or property

mark used by another

483. Whoever counterfeits any trade mark or property mark used by any other person

shall be punished with imprisonment of either description for a term which may extend to

two years, or with fine, or with both.

Counterfeiting a mark

used by a public

servant

484. Whoever counterfeits any property mark used by a public servant, or any mark used

by a public servant to denote that any property has been manufactured by a particular

person or at a particular time or place, or that the property is of a particular quality or has

passed through a particular office, or that it is entitled to any exemption, or uses as

genuine any such mark knowing the same to be 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.

Making or possession

of any instrument for

counterfeiting a trade mark or property

mark

485. Whoever makes or has in his possession any die, plate or other instrument for the

purpose of counterfeiting a trade mark or property mark, or has in his possession a trade

mark or property mark for the purpose of denoting that, any goods are the manufacture

or merchandise of a person whose manufacture or merchandise they are not, or that they

belong to a person to whom they do not belong, shall be punished with imprisonment of

either description for a term which may extend to three years, or with fine, or with both.

Selling goods marked

with a counterfeit

trade mark or

property mark

486. Whoever sells, or exposes, or has in possession for sale or any purpose of trade or

manufacture, any goods or thing with a counterfeit trade mark or property mark affixed to

or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless he proves

(a) that, having taken all reasonable precautions against committing an offence against

this section, he had at the time of the commission of the alleged offence no reason to

suspect the genuineness of the mark, and

(b) that, on demand made by or on behalf of the prosecutor, he gave all the information

in his power with respect to the persons from whom he obtained such goods or things, or

(a) that otherwise he had acted innocently,

be punished with imprisonment of either description for a term which may extend to one

year, or with fine, or with both.

Making a false mark

upon any receptacle

containing goods

487. Whoever makes any false mark upon any case, package or other receptacle

containing goods, in a manner reasonably calculated to cause any public servant or any

other person to believe that such receptacle contains goods which it does not contain or

that it does not contain goods which it does contain, or that the goods contained in such

receptacle are of a nature or quality different from the real nature or quality thereof, shall,

unless he proves that he acted without intent to defraud, be punished with imprisonment

of either description for a term which may extend to three years, or with fine, or with

both.

Punishment for

making use of any such false mark

488. Whoever makes use of any such false mark in any manner prohibited by the last

foregoing section shall, unless he proves that he acted without intent to defraud, be

punished as if he had committed an offence against that section.

Tampering with

property mark with

intent to cause injury

489. Whoever removes, destroys, defaces or adds to any property mark, intending 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 one year, or with

fine, or with both.

Counterfeiting

currency-notes or bank-notes

157[ 489A. Whoever counterfeits, or knowingly performs any part of the process of

counterfeiting, any currency-note or bank-note, shall be punished with 158[ 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.For the purposes of this section and of sections 489B, 489C and 489D, the

expression "bank-note" means a promissory note or engagement for the payment of

money to bearer on demand issued by any person carrying on the business of banking in

any part of the world, or issued by or under the authority of any State or Sovereign

Power, and intended to be used as equivalent to, or a substitute for, money.

Using as genuine a

forged document 489B. Whoever sells to, or buys or receives from, any other person, or otherwise traffics

in or uses as genuine, any forged or counterfeit currency-note or bank-note, knowing or

having reason to believe the same to be forged or counterfeit, shall be punished with 159[

imprisonment] for life, or with imprisonment of either description for a term which may

extend to ten years, an shall be liable to fine.

Possession of forged

or counterfeit

currency-notes or bank-notes

489C. Whoever has in his possession any forged or counterfeit currency-note or bank-

note, knowing or having reason to believe the same to be forged or counterfeit and

intending to use the same as genuine or that it may be used as genuine, shall be punished

with imprisonment of either description for a term which may extend to seven years, or

with fine, or with both.

Making or possessing

instrument or

materials for forging or counterfeiting

currency-notes or

bank-notes

489D. Whoever makes, or performs any part of the process of making, or buys or sells or

disposes of, or has in his possession, any machinery, instrument or material for the

purpose of being used, or knowing or having reason to believe that it is intended to be

used, for forging or counterfeiting any currency-note or bank-note, shall be punished with 160[ 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.]

Making or using documents

resembling currency-

notes or bank-notes

161[ 489E. Whoever makes, or causes to be made, or uses for any purpose whatsoever, or

delivers to any person, any document purporting to be, or in any way resembling, or so

nearly resembling as to be calculated to deceive, any currency-note or bank-note shall be

punished with fine which may extend to one hundred taka.

(2) If any person, whose name appears on a document the making of which is an offence

under sub-section (1), refuses, without lawful excuse, to disclose to a police-officer on

being so required the name and address of the person by whom it was printed or

otherwise made, he shall be punished with fine which may extend to two hundred taka.

(3) Where the name of any person appears on any document in respect of which any

person is charged with an offence under sub-section (1) or on any other document used

or distributed in connection with that document it may, until the contrary is proved, be

presumed that person that caused the document to be made.]

CHAPTER XIX

OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE

162[ Repealed] 490. [Repealed by the Workmen's Breach of Contract (Repealing) Act, 1925 (Act No. III of

1925).]

Breach of contract to

attend on and supply wants of helpless

person

491. Whoever, being bound by a lawful contract to attend on or to supply the wants of

any person who, by reason of youth, or of unsoundness of mind, or of a disease or bodily

weakness, is helpless or incapable of providing for his own safety or of supplying his own

wants, voluntarily omits so to do, 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.

163[ Repealed] 492. [Repealed by the Workmen's Breach of Contract (Repealing) Act, 1925 (Act No. III of

1925).]

CHAPTER XX

OF OFFENCES RELATING TO MARRIAGE

Cohabitation caused

by a man deceitfully

inducing a belief of

lawful marriage

493. Every man who by deceit causes any woman who is not lawfully married to him to

believe that she is lawfully married to him and to cohabit or have sexual intercourse with

him in that belief, shall be punished with imprisonment of either description for a term

which may extend to ten years, and shall also be liable to fine.

Marrying again during

lifetime of husband or wife

494. Whoever, having a husband or wife living, marries in any case in which such

marriage is void by reason of its taking place during the life of such husband or wife, shall

be punished with imprisonment of either description for a term which may extend to

seven years, and shall also be liable to fine.

Exception.- This section does not extend to any person whose marriage with such

husband or wife has been declared void by a Court of competent jurisdiction,

nor to any person who contracts a marriage during the life of a former husband or wife, if

such husband or wife, at the time of the subsequent marriage, shall have been continually

absent from such person for the space of seven years, and shall not have been heard of

by such person as being alive within that time provided the person contracting such

subsequent marriage shall, before such marriage takes place, inform the person with

whom such marriage is contracted of the real state of facts so far as the same are within

his or her knowledge.

Same offence with

concealment of

former marriage from

person with whom

subsequent marriage

is contracted

495. Whoever commits the offence defined in the last preceding section having concealed

from the person with whom the subsequent marriage is contracted, the fact of the former

marriage, shall be punished with imprisonment of either description for a term which may

extend to ten years, and shall also be liable to fine.

Marriage ceremony

fraudulently gone

through without

lawful marriage

496. Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of

being married, knowing that he is not thereby lawfully married, shall be punished with

imprisonment of either description for a term which may extend to seven years, and shall

also be liable to fine.

Adultery 497. Whoever has sexual intercourse with a person who is and whom he knows or has

reason to believe to be the wife of anther man, without the consent or connivance of that

man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence

of adultery, and shall be punished with imprisonment of either description for a term

which may extend to five years, or with fine, or with both. In such case the wife shall not

be punished as an abettor.

Enticing or taking

away or detaining with criminal intent a

married woman

498. Whoever takes or entices away any woman who is and whom he knows o has reason

to believe to be wife of any other man, from that man, or from any person having the care

of her on behalf of that man, with intent that she may have illicit intercourse with any

person, or conceals or detains with that intent any such woman, shall be punished with

imprisonment of either description for a term which may extend to two years, or with fine,

or with both.

CHAPTER XXI

OF DEFAMATION

Defamation 499. Whoever by words either spoken or intended to be read, or by signs or by visible

representations, makes or published any imputation concerning any person intending to

harm, or knowing or having reason to believe that such imputation will harm, the

reputation or such person, is said, except in the cases hereinafter excepted, to defame

that person.

Explanation 1.-It may amount to defamation to impute any thing to a deceased person,

if the imputation would harm the reputation of that person if living, and is intended to be

hurtful to the feelings of his family or other near relatives.

Explanation 2.-It may amount to defamation to make an imputation concerting a

company or an association or collection of persons as such.

Explanation 3.-An imputation in the form of an alternative or expressed ironically, may

amount to defamation.

Explanation 4.No imputation is said to harm a person's reputation, unless that

imputation directly or indirectly, in the estimation of others, lowers the moral or

intellectual character of his caste or of his calling, or lowers the credit of that person, or

causes it to be believe that body of that person is in a loathsome state, or in a state

generally considered as disgraceful.

Illustrations

(a) A say's – “Z is an honest man; he never stole B's watch”; intending to cause it to be

believed that Z did steal B's watch. This is defamation, unless it fall within one of the

exceptions.

(b) A is asked who stole B's watch. A points to Z, intending to cause it to be believed that

Z stole B's watch. This is defamation, unless it fall within one of the exceptions.

(c) A draws a picture of Z running away with B's watch, intending it to be believed that Z

stole B's watch. This is defamation, unless it fall within one of the exceptions.

Imputation of truth

which public good

requires to be made or published

First Exception.-It is not defamation to impute anything which is true concerning any

person, if it be for the public good that the imputation should be made or published.

Whether or not it is for the public good is a question of fact.

Public conduct of

public servants Second Exception.-It is not defamation to express in good faith any opinion whatever

respecting the conduct of a public servant in the discharge of his public functions, or

respecting his character, so far as his character appears in that conduct, and no further.

Conduct of any person

touching any public

question

Third Exception.-It is not defamation to express in good faith any opinion whatever

respecting the conduct of any person touching any public question, and respecting his

character, so far as his character appears in that conduct, and no further.

Illustration

It is not defamation in A to express in good faith any opinion whatever respecting Z's

conduct in petitioning Government on a public question, in signing a requisition for a

meeting on a public question, in presiding or attending at such meeting, in forming or

joining any society which invites the public support, in voting or canvassing for a

particular candidate for any situation in the efficient discharge of the duties of which the

public is interested.

Publication of reports

of proceedings of

Courts

Fourth Exception.-It is not defamation to publish a substantially true report of the

proceedings of a Court of Justice, or of the result of any such proceedings.

Explanation.-A Justice of the peace or other officer holding an enquiry in open Court

preliminary to a trial in a Court of Justice, is a Court within the meaning of the above

section.

Merits of case decided

in Court, or conduct of

witnesses and others

concerned

Fifth Exception.-It is not defamation to express in good faith any opinion whatever

respecting the merits of any case, civil or criminal, which has been decided by a Court of

Justice, or respecting the conduct of any person as a party, witness or agent, in any such

case, or respecting the character of such person, as far as his character appears in that

conduct, and no further.

Illustrations

(a) A says- "I think Z's evidence on that trial is so contradictory that he must be stupid or

dishonest." A is within this exception if he says this in good faith, inasmuch as the opinion

which he expresses respects Z's character as it appears in Z's conduct as a witness, and

no further.

(b) But if A says- "I do not believe what Z asserted at that trial because I know him to be