The Penal Code: A Schematic Design & Discussion

Transcription

1 The Penal Code: A Schematic Design & Discussion Submitted to:- Dr. Jamila A. Chowdhury Assistant Professor Dept. of Law, University of Dhaka Submitted by:- 1. Zubaer Rashid (93) 2. Tamanna (96) 3. Taizul (97) 4. Moniruzzaman (98) 5. Joydev Basunia (99) 6. Abdullah Al Sadik (100) 7. Md. Tofayal Ahmad (101) 8. Shahed Khan (102) 9. Nazmul Ahsan (103) 10. Aminul Islam (104) Submission Date:

2 Penal Code: Schematic Design & Discussion The Penal Code, 1860 came into force in 1 st of January, It has 511 sections. We may break them down into 2 main parts of which the first part deals with the General Provisions and the other deals with the Specific Offences. A tree is going to be shown form which we may get the breif outline of the whole Penal Code. The Penal Code General Provisions A. Jurisdiction B. General Explanation C. Punishment D. General Exceptions E. Abetment F. Conspiracy Jurisdiction G. Attempts H. Preparation Specific Provisions A. Offences relating to State B. Offences relating to Common Weal C. Offences relating to Human Body D. Offences relating to Property E. Offences relating to Reputation F. Offence relating to Personation A. Offences relating to State 1. State 2.Forces

3 B. Offences relating to Common Weal 1. Public Tranquility 2. Public Servants 3. Public Justice 4.Weights & measures 5. Public Health 6.Public safety & convenie nce 7. Public morality & decency 8. Election 9. Coin & Stamp 10.Religion 11. Contracts of service 12.Marriage C. Offences relating to Human Body D. Offences relating to Property 1.Homicide 2.Murder 3.Suicide 4. Thug 4. Causing miscarriage 6. Injuries to unborn 7. Esposure of infants 8. Concealment of birth 9. Wrongful restraint 10. Hurt 1. Theft 2. Extortion 3. Robbery 4. Dacoity 5. Criminal misappropriation 6. Criminal breach of trust 7. Receiving stolen property 8. Cheating

4 11. Wrongful confinement 12. Criminal force & Assault 13.kidnapping 14. Abduction 15. Slavery 16. Selling or buying minor for prostitution 9. Fraudulent deeds & disposition of property 10. Mischief 11. Criminal trespass 12. Documents 13.Trade, property & other marks 14 Currency & bank notes 17. Unlawful labour 18. Rape E. Offences relating to Reputation 19. Unnatural offence 1. Defamation 2. Intimidation, insult & annoyance Now, we are going to show these provisions and offences separately in table. Below every table we have given related Special laws, leading cases and recent case laws with related section.

5 General Provisions: Operational Jurisdiction of this Code Sl no: Name Related Section/s 1. Intra-teritorial 1, 2 2. Extra-teritorial 3, 4 Case laws related to the Section-01: Abdul Haque vs. State, 1994 BLD 204 Case laws related to the Section-02: Iftekhar Hasan vs. State, 59 DLR (AD) (2007) 36 Case laws related to the Section-04: Bangladesh Vichien Chaipon vs. Bangladesh, 34 DLR 315 Bangladesh vs. Shobnom, 32 DLR 194

6 General Explanation of the terms of the Code Sl no: Name Related Section/s 1. Person Judge Public Servant Wrongful Loss; wrongful gain Dishonesty Fradulently Reason to Believe Counterfeit Document Act, Omission Joint Liabilities in a Crime 34, 35, 36, 37, Fradulently Offence Special law 41

7 16. Injury Oath Good Faith Harbour 52A Case laws related to the Section-21: State vs. Ali Akhter, 18 DLR 684 Case laws related to the Section-25: Salema Khatun vs. Hemangini Ghose, 30 DLR 99 Case laws related to the Section-28: Yunus Ali vs. State, 61 DLR (2009) HCD 793 Case laws related to the Section-34: Abdur Rahim vs. State, 29 DLR (SC) 246 Fazar vs. Crown, 4 DLR 99 Abu Syed vs. State, 38 DLR 17 Belal Ahmed vs. State, 40 DLR (1988) 154

8 Provisions relating to Punishment Sl no: Name Types Related Section/s 1. Forms of Punishment 2. Rules regarding Assessment 3. Offences punished with Death Penalty Death 53 Transportation (omitted by Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (Act No. II of 1950) Mandatory Not mandatory Imprisonment 53 Forfeiture of Property 53 Fine 53 71, 72, 75 Murder by life convict 303 Attempt to murder by convict imprisoned for life Giving or Fabricating false evidence upon which an Innocent people suffers deah Abetting Mutiny actually committed Murder 302 Waging war against Bangladesh Abetment of Suicide of Child or Insane person Attempt to murder by life convict

9 Cont. Kidnapping and murder 364A 4. Offences punished with Imprisonment 5. Solitary Confinement 6. Offences punished with Life Imprisonment Dacoity with murder 396 Rigorous imprisonment without alternative of simple imprisonment Imprisonment in default of fine 194, 449 Nature of fine 64, 66 Punishable with imprisonment and fine 65 Punishable with fine 67 Termination of imprisonment Full paid fine 68 Proportional part of fine Fine liveable within six years or during imprisonment death Maximum term 20 years 55 Minimum term 24 hours 510 Definition clause 73 Certain offences under chapter XII or chapter XVII after previous conviction Waging or attempting to wage war against Bangladesh Conspiracy to commit sec.121 Collecting arms etc. with the intention of waging against Bangladesh Sedition A A

10 Cont. Waging war against Asiatic power within Bangladesh Voluntarily allowing prisoner a state of war escape Aiding escape or harbouring prisoner 130 Abetment of munity,if munity is committed 132 Giving or fabricating false evidence with intent to procure conviction of capital offence, if innocent person be convicted Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment Intentional omission to apprehend to public servant bound to commit lawfully Obstruction to lawfully apprehension of another person Import or export of counterfeits Bangladesh coin Counterfeiting of government stamp 255 Murder 302 Culpable homicide not amounting murder 304 Attempt to murder by life convicts 307 Causing miscarriage without woman`s consent Death caused by miscarriage without woman`s consent Voluntarily causing grievous hurt by deadly weapon

11 Cont. Voluntarily causing grievous hurt to extort property 329 Kidnapping and abduction in order to murder 364 Habitual dealing in slaves 371 rape 376 Unnatural offence 377 Extortion by threat of accusation of an offence punishable with death or life imprisonment fear accusation of offence,in order to commit extortion Dacoity 395 Dacoity with murder 396 A gang of dacoits 400 Criminal breach of trust by public servant, or by merchant,banker or agent 409 Dishonesty receiving property stolen in commission of a dacoity 412 Habitual dealing stolen property 413 Mischief by fire or explosive substance to destroy house Mischief in described sec.437 committed by fire or explosive substance

12 Cont. House trespass in order to commit offence punishable with death Grievous hurt caused while committing lurking house trespass or house breaking Lurking house trespass or house breaking by night punishable with death or grievous hurt 460 Forgery of valuable security,will 467 Making or possessing counterfeit seal with intent to commit forgery under sec Possession of document described in sec.465 or 467 intent to forgery as use it genuine 474 Counterfeiting device or mark or possessing counterfeit marked material 475 Fraudulent cancellation destruction etc will,authority of adopt or valuable security 477 Counterfeiting currency notes or bank notes 489A Using as genuine forged or counterfeiting currency notes or bank notes 489B 7. Offences punished with Fine Fixed Not fixed 137, 154, 171H, 171-I, 278, 283, , 156, 171G,

13 Case laws related to the Section-54 Lt. Colonel G. L. Bhattacharyya vs. State, 16 DLR 442 Case laws related to the Section-57: Farid Ali vs. State, 4 BLC 27 Md. Hossain vs. State, 20 DLR 25 Case laws related to the Section-63: Abdul Halim vs. Sheikh Mofi Miya, 12 DLR 370 Abdul Hakim vs. Crown, 6 DLR 488 Case laws related to the Section-67: Nijamuddin vs. State, 26 DLR 350 Case laws related to the Section-70: Daktar Ali vs. Sukuram Das, 6 DLR 29 Case laws related to the Section-71: Fazlul Haque vs. State, 11 DLR 316 M. F. N. Rewal vs. State, 4 DLR 569

14 Provisions relating to Exception of Criminal Liability Sl no: Name Types Related Section/s 1. Private Defence Definition clause Act of Incapable Person Of Body Of property Definition clause 97 Against act of unsound 98 Commencement & continuance Extent and no right to private defence Right extend to cause death Right extend to cause other harm Assault against innocent person Commencement & continuance Extent and no right to private defence Right extend to cause death Right extend to cause other harm Commencement & continuance Child under 9 years old 82 Child above 9 and under 12 years old 83

15 Unsound person 84 Incapable because of intoxication Act done by consent 4. Act done in good faith Offence, done by intoxicated one, needs particular intent or knowledge Act not intended, not known to cause death or grievous hurt Act done in good faith not intended to cause death Act done in good faith for benefit of child, insane; consent by Guardian Consent given by child or insane person under fear or misconception For benefit of the person with consent For benefit of the person without consent For communication , Person act under law 6. Absence of Criminal Intention Bound by law 76 Justified by law 79 To prevent greater harm Act by Judiciary By Judges 77 By Judicial Officers Accident Lawful act Exclusion of offence Of independent nature of offence 91

16 10. Act done under threat 11. Act causing slight harm Case laws related to the Section-76: Satter vs. State, 5 DLR 184 Jahir vs. State, 13 DLR 857 Case laws related to the Section-82: Md. Rahamatullah vs. State, 59 DLR 520 Case laws related to the Section-83: State vs. Md. Roushan Mondal, 59 DLR 72 BLAST vs. Bangladesh & Others, 57 DLR 11 Case laws related to the Section-:84 State vs. Nazmul Islam, 57 DLR 289 Nikhil Chandra vs. State, 54 DLR 148 State vs. Abdus Samad, 54 DLR 590 Case laws related to the Section-100: Hasan Rony vs. State, 56 DLR 580

17 Provisions relating to Abetment Sl no: Name Type Related Section/s 1. Abetment Definition 107 Individual abetment Concealment & representation Abettor 108 Extra-territorial jurisdiction Act committed Act not committed 108A Same intention 109,114 Different intention consequence 113 effect Offence punishable with death 115 Offence punishable with imprisonment 116 By Public Servant 119 By General People 118 Collective offence exceeding 10 person 117 Case laws related to the Section-109: State vs. Ershad Ali Shikdar & others, 56 DLR 305 Islami Bank vs. Md. Habib & others, 55 DLR (AD) 298 Md. Alam & another vs. State, 54 DLR 298 Billal vs. State, 54 DLR (AD) 143

18 Provisions relating to Conspiracy Sl no: Name Types Section/s 1. Criminal conspiracy Definition Punishment 120A 120B Case laws related to the Section-120A Iftekhar Hasan vs. State, 59 DLR (AD) 36 Case laws related to the Section-120B Samsul Haq vs. State, 20 DLR 540

19 Provisions relating to Attempts to commit offence Sl no: Name Section/s 1. Attempt to commit offences Against State Attempt to wage war 121 Attempt to seduce soldier Against body Attempt to culpable homicide 308 Against Property Attempt to commit suicide 309 Attempt by life convict 307 Attempt to confine person wrongfully Attempt to commit theft by assault or criminal force Attempt to commit robbery 393 Robbery or Decoity with attempt to cause death or grievous hurt Attempt to commit Robbery or Decoity with deadly weapon

20 Provisions relating to Preparation Sl no. Name Types Related Section/s 1. Prepare to wage war Offence against state Prepare to commit depredation 3. Prepare to commit dacoity Offence against territories at peace with Bangladesh Offence against property

21 Specific Offences: Offences relating to the State Sl no: Name Types Section/s 1. State Against Bangladesh Waging war Intentional Unintentional Concerning the relations of Bangladesh with other Governments Custody of prisoner of state or of war Collecting arms 122 Concealment to facilitate 123 Condemnation against sovereignty Committed Not committed Against sovereignty With Bangladesh Without Bangladesh 123A 123A wage 121 Abet to wage Attempt to wage Conspiracy to commit waging A Against exercise of lawful power 124 Sedition 124A Waging war 125 Committing depredation 126 Escaping from Public servant Receiving property 127 Aid, rescue or Harbouring prisoner Voluntarily 128 Negligently

22 2. Army, Navy & Air Force Of assault 133, 134, Abetment Of mutiny 131, 132, Of act 13 Of desertion 135 Harbouring 136 Concealment of deserter 137 Person subject to certain acts 139 Wearing grab 140 Case laws related to the Section-131: Obaidullah Majumdar vs. State, 34 DLR 404 Majibur Rahman vs. State, 35 DLR 35 Case laws related to the Section-135: Sardar Ataullah Khan vs. State, 16 DLR (WP) 149 Majibar Rahman vs. State, 35 DLR 35

23 Offences relating to the Common Weal Sl no: Name Types Section/s 1. Public Tranquility Unlawful assembly Define, member and punishment 141, 142, 143 Types Intentionally joining 145,151 continuin g 145,151 hiring 150 Owner or occupier of land Harbouri ng hired persons Hire to take part Common object 149 With deadly weapon 144 Rioting 146, 147, 148, 155, 156, 158 With deadly weapon 148 Assault or obstruct Public servant 150 Promoting enmity between classes Inducing students 153A 153B Affray 159, 160

24 2. Public Servants Conduct of Public servant Contempt of Lawful authority of Public servant Bribery 161, 165 By Public servant 161, 164, Relating to Public servant 162, 163, 170, 171 Volitional omission or evasion of the performance of a public duty Volitional refusal to do certain acts Giving false information Illegal Purchase or Bid 185 Obstructing or resisting public servant Public Justice Cont. Disobeying public servant 188 Threat of injury 189, 190 Giving false evidence Causing disappearance of evidence 201 Giving false information 201, 203 Intentional omission to give evidence 202 Destruction of document 204 False personation 140, , 205, 229, 419 Misuse of process of court Fraudulently , 210 Dishonestly 209 False charge of offence 211 Screening of offenders 201, Harbouring 52A, 21, 216, 216A

25 Offence committed by Public servant To save offenders, disobey law or corruptly frame or writing record Corruptly making record in judicial proceedings Weights & measures Omission Resisting the law or attempting to escape from custody Fraudulent use 225A , 225B Violation of condition of remission 227 Contempt of court 228 Of false instrument 264 Of false weight or measure 265 Possession of false weight or measure 266 Making or selling of false weight or measure Public Health Acts likely to spread infection Public nuisance , Negligently 269 Malignantly 270 Disobedient to quarantine rule 271 Adulteration & sale of food & drinks Adulteration & sale of drugs Fouling water 277 Polluting atmosphere 278

26 6. Public safety & convenience Rash driving, riding, navigation Driving or riding 279 Navigation 280 Showing false light Public morality & decency Negligence conduct in respect of Conveying person in unsafe vessel 282 Danger or obstruction in public way 283 Poisonous substance 284 Fire/combustible matter 285 Explosive substance 286 Machinery 287 Building 288 Animal 289 Obscenity Sale etc. of obscene book etc. 292 Sale etc. of obscene object to young s 293 Obscene acts & songs 294 Keeping lottery office Offering prize in trade 294A 294B 8. Election Bribery 171B 9. Coin & Stamps Undue influence Personation False statement Illegal payment 171C, 171F 171D, 171F 171G 171H Failure to keep election accounts 171-I Coin Counterfeiting Coin 231,233,237,2 35,239,241

27 Cont. Delivery of Coin 239,241,250,2 54 Stamp Possession of Coin 241,242,252 Diminishing Weight of Coin 246 Abetting 236 Alteration 248,250,252,2 54 Instrument 233,234,245 Counterfeiting Bangladeshi Coin 232,234,235,2 38, 240 Delivery of Bangladeshi Coin 240,251 Possession of Bangladeshi Coin 243,253 Diminishing Weight of Bangladeshi Coin 247 Person employed 244 Alteration of Bangladeshi Coin 249,251,253 Counterfeiting Stamp 255 Possession of instrument 256 Making or selling instrument 257 Sale of stamp 258 Possession of coin 259 Use As genuine 260 To loss to government 261 Using used stamp 262 Erasure of mark donating 263

28 Cont. Prohibition of fictitious stamp 263A 10. Religion Insult Religion Contracts of service Acts intended to outrage religious feeling 295A Disturbing religious assembly 296 Trespass on burial places 297 Words hurt religious feeling 298 Definition clause & punishment Marriage Invalid marriages Bigamy 494 Adultery 497 Criminal elopement 498 Case laws related to the Section-149: Monohar Joardar vs. State, 57 DLR 494 Haidar Ali & others vs. State, 56 DLR (AD) 195 Mansur Fakir & others vs. State, 55 DLR 307 Case laws related to the Section-174: Mainuddin Khan vs. State, 30 DLR 29 Case laws related to the Section-175: Maqbul Hossain vs. State, 13 DLR 146 Abdus Sattar vs. Deputy Commissioner of Dhaka 42 DLR 151 Case laws related to the Section-182: Nurul Kabir vs. WAQF Administrator, 19 DLR 460 Golam Quader Khan vs. A. K. Khaleque, 12 DLR 78

29 Case laws related to the Section-186: Moinuddin Khan vs. State, 30 DLR 29 Case laws related to the Section-188: Crown vs. Muhammad Ali, 6 DLR 396 Case laws related to the Section-192: Gyanendranath Biswas vs. Maqbul Hossain, 11 DLR 359 Case laws related to the Section-194: State vs. Salauddin, 60 DLR, 188 Case laws related to the Section-201: Abdul Khaleque vs. State, 41 DLR 349 Hasu vs. State, 20 DLR 464 Case laws related to the Section-202: State vs. Bacchu Miah & others, 51 DLR 355 Case laws related to the Section-210: Md. Golam Martuza vs State, 28 DLR 115 Case laws related to the Section-211: Farida Begum vs. Kapil Krishna Golder, 59 DLR 328 Hazi Sadaruddin vs. State, 13 DLR 321 Case laws related to the Section-215: Iusuf Hazi vs. State, 17 DLR 117 Case laws related to the Section-218: Asiuddin vs. State, 5 DLR 101 Case laws related to the Section-224: Badiur Rahman vs. State, 29 DLR 270 Case laws related to the Section-228

30 Abdul Mannan Sikder vs. State, 29 DLR 311 Case laws related to the Section-290: Abdul Kader vs. Chairman, 10 DLR Case laws related to the Section-294-B Amal Cabraal vs. Golam Murtaza, 55 DLR 492

31 Offences relating to Human Life & Body Sl no Name Types Section/s 1. Homicide Culpable homicide Definition clause 299 Culpable homicide not murder 300, 304 Other person s death 301 Attempt to commit 308 Death by negligence Death by rash driving etc. 304A 304B 2. Murder Definition clause & punishment 300, Suicide Murder by life convict Attempt to murder Abetment of suicide 303 Attempt By life convict Of child or insane person 305 Attempt to commit suicide Thug Definition clause & punishment Robbery or child stealing with intend to murder Causing miscarriage Definition clause 312 Without women s consent 313

32 Cont. 6. Injuries to unborn child 7. Exposure of infants 8. Concealment of birth 9. Hurt Causing of death With women s consent Without women s consent 314 Prevention of birth 315 Act cause to die after birth 315 Causing death of quick unborn child Causing hurt 321 By dangerous weapon or means To extort property or to constrain to an illegal act Hurt Grievous hurt By means of poison 328 To extort confession or to compel restoration of property 330 To deter public servant 332 On provocation 334 Endangering life or personal safety 337 Causing grievous hurt 322 By dangerous weapon or means By means of corrosive substance To extort confession or to compel restoration of property A 331

33 10. Wrongful restraint 11. Wrongful confinement 12. Criminal force & Assault Cont. To deter public servant 333 On provocation 335 Endangering life or personal safety By rush driving or riding A Definition clause 339, 341 Definition clause 340, 342 For 3 or more days 343 For 10 or more days 344 Of person issued of liberation writ 345 In secret 346 To extort property or to constrain to an illegal act 347 To extort confession or to compel restoration of property 348 Criminal force 350 Assault 351 On grave provocation 352, 355, 358 To deter public servant 353 To outrage modesty of women 355 To commit theft 356 To confine person wrongfully Kidnapping Definition clause 359 Kidnapping from Bangladesh 360 Lawful guardian 361

34 Cont. Under age 10 To wrongfully confine person 364A With intent to steal 369 Keeping in confined 368 Intend to confine 365 To compel women in marriage 366 To subject person to grievous hurt 367 To commit murder Abduction Definition clause 362 Under age 10 To wrongfully confine person To commit murder A With intent to steal 369 Keeping in confined 368 Intend to confine 365 To compel women in marriage 366 To subject person to grievous hurt Slavery Buying or disposal of any person as slave Selling or buying minor 17. Unlawful labour Habitual dealing 371 Selling for prostitution 372 Buying for prostitution 373 Definition clause & punishment Rape Definition clause & punishment Unnatural offence Definition clause & punishment 377

35 Case laws related to the Section-300: State vs. Mokammel Hayeth Khan, 58 DLR 373 Abdul Mazid vs State, 58 DLR 355 Case laws related to the Section-302 State vs Md. Fazlur Rahman Tanmoy, 61 DLR (HDC) 169 (302/169/34) State vs. Resaldar Moslemuddin, 61 DLR (HDC) 310 (302/109) Sudhir Kumar Das vs. State, 60 DLR (HDC) 261 Abu Taher vs. State, 58 DLR 34 Halder Ali vs. State, 56 DLR (AD) 195 Case laws related to the Section-304: State vs, Aynul Haque, 60 DLR 255 Nasir Hawladar vs. State, 56 DLR, 151 State vs. Shah Alam, 56 DLR 232 Case laws related to the Section-314: Raqib Sheikh vs. State, 57 DLR 548 Case laws related to the Section-315 Hafizur Rahman vs. State, 57 DLR 588 Case laws related to the Section-320 Ershad Ali Shikder vs. State, 57 DLR (AD) 75 Case laws related to the Section-324 Masuq Mia vs. State, 57 DLR (AD) 71 Case laws related to the Section-367 Anwar Hossain vs. State, 61 DLR 671 Case laws related to the Section-376: State vs Mokammel Hayeth Khan, 58 DLR 373 Masud Mia vs. State, 56 DLR 353

36 Offences relating to Property Sl no: Name Types Section/s 1. Theft Definition clause & punishment In dwelling house 380 By clerk or servant 381 Causation of death, hurt or restrain Extortion Definition clause & punishment 383, 384 Accusation By threat of 388 By putting in fear of 389 Extortion by putting in fear of death or grievous hurt By putting in fear in order to commit extortion 386 Of injury 385 Of death or grievous hurt 387 Of accusation Robbery Definition clause & punishment 390, 392 At night 392 Attempt to commit 393 Voluntarily causing hurt 394 With attempt to cause death or grievous hurt 397 Armed with deadly weapon Dacoity Penalty for harbouring robbers Definition clause & punishment 216A 391, 395, 400 With murder 396 With attempt to cause death or grievous hurt 397

37 5. Criminal misappropriation 6. Criminal breach of trust 7. Receiving stolen property By Dishonest receive of stolen property Armed with deadly weapon 398 Making preparation to commit 399 Assembling to commit 402 Penalty for harbouring dacoits 216A Of General People 403 Of Deceased 404 Definition clause & punishment Carrier 407 Clerk/servant 408 Public Servant/Banker/ Merchant/Agent 409 Stolen property In commission of a Dacoity 412 Habitual dealing in Stolen property 413 Assisting in concealment Cheating Definition clause & punishment 415, Fraudulent deeds & disposition of property Removal or concealment of property By Personation 416,419 By Protector 418 Inducing deliver of Property 419 To prevent distribution Preventing debt being available for creditors 422 Execution of deed 423

38 11. Mischief Definition clause & punishment Criminal trespass Killing or miming animal Causing damage of 50 taka 427 Value of 10 taka 428 Value of 50 taka 429 By injury to works or by wrongfully diverting water 430 By injury to public road, bridge, river, channel 431 By causing inundation or obstruction to public drainage Of destroying or moving By fire or explosive substance 432 A light house or sea mark 433 A land mark fixed by public authority 434 To damage of 100 or 10 taka 435 With intent to destroy house 436 To commit mischief described in S To destroy or make unsafe a decked vessel 437 Intentionally running vessel to commit theft 439 Committed after preparation made for causing death or hurt Housetrespass 440 Definition clause & punishment 441,447 Definition clause & punishment 442,448 Commit offence punishable with death To commit offence punishable with life imprisonment

39 Cont. To commit offence punishable with imprisonment 451 After preparation for hurt, assault or wrongful restraint 452 Definition clause & punishment 445, , 456 House Breaking By night After preparation for hurt, assault or wrongful restraint Commit offence punishable with imprisonment Joint house trespass 460 After preparation for hurt, assault or wrongful restraint 455 Grievous hurt caused 459 Definition clause & punishment 443, 453 After preparation for hurt, assault or wrongful restraint 455 Lurking Housetrespass By night Grievous hurt caused 459 After preparation for hurt, assault or wrongful restraint Commit offence punishable with imprisonment 444,

40 Cont. Joint lurking house trespass 460 Breaking open receptacle property 461 By Custodian Documents Definition clause & punishment 463, 465 Of record 466 Of valuable security 467 For purpose of cheating 468 To harm reputation 469 Forgery Making or counterfeiting seal for commit forgery under S-67 Making or counterfeiting seal for commit forgery punishable otherwise Use forged document as genuine Under section 466 or Trade, property & other marks Counterfeiting Making false document 464 Device or mark under S Device or mark otherwise 476 Fraudulent cancellation, destruction of will or valuable security Trade mark Falsification of account Definition clause & punishment A 478, 482 Using false trademark 480

41 Cont. Counterfeiting 483 Selling with counterfeited mark Definition clause & punishment , 482 Using false property mark 481 Property mark Counterfeiting 483 Selling with counterfeited mark Currency & bank notes Other mark Tempering with intent to cause injury Counterfeiting public servant s mark Making false mark on containing goods Counterfeiting Possession of counterfeited notes Making or possessing instrument for forging or counterfeiting notes Making or using documents resembling notes , A 489C 489D 489E

42 Case laws related to the Section-380: Wazuddin vs. State, 18 DLR 227 Case laws related to the Section-385: Bangladesh vs. Sheikh Hasina, 60 DLR (AD) 90 Case laws related to the Section-387: Mokim alias Md. Mokim vs. State, 55 DLR 81 Case laws related to the Section-396: State vs. Suman Saha, 61 DLR (HCD) 253 State vs. Rafiqul Islam, 55 DLR 61 Case laws related to the Section-399: Bura Yunus vs. State, 59 DLR 549 Case laws related to the Section-405: Nasir Uddin vs. Mamtaz Uddin, 36 DLR 14 Case laws related to the Section-405: F. Alam Chowdhury vs. State, 57 DLR 727 Case laws related to the Section-406: Shahida Khanam vs. Zafrul Hasan, 61 DLR (HCD) 270 Gian Franco Tacchinardi vs State, 60 DLR (HDC) 4 Delwar Hossain vs. Rajiur Rahman, 55 DLR (AD) 58 Ashraf Miah vs. State, 55 DLR 509 Dr. Ashraf Ali vs. Md. Ahsan Habib, 56 DLR 169 Case laws related to the Section-415: Nasir Uddin vs. Mamtaz Uddin, 36 DLR 14 Md. Nusim vs. State, 37 DLR 546 Md. Asaduzzaman vs. Md. Salamatullah, 52 DLR 530

43 Case laws related to the Section-420: Abul Kashem vs. State, 59 DLR 1 Abdur Rahman vs. State, 59 DLR 683 Anarul Islam vs. State, 58 DLR (AD) 76 Dr. Ashraf Ali vs. Md. Ahsan Habib, 56 DLR 169 Delwar Hossain vs. Rajiur Rahman, 55 DLR (AD) 58 Nizam Khan vs. State, 56 DLR 299 Abdul Bari vs. State, 53 DLR 410 Case laws related to the Section-457: Sirajuddin vs. State, 28 DLR (AD) 162 Case laws related to the Section-463: Farida Begum vs. K. Krishna Golder, 59 DLR 328 Harunur Rashid vs. State, 56 DLR (AD) 201 Case laws related to the Section-465: Shuvo Chandra Das vs. State, 7 BCR 10 Syed Khalil Salek vs. Md. Rahmat Ali & State, 49 DLR 165 Case laws related to the Section-466: Sirazuddin Sheikh vs. State, 6 BLC 667 Case laws related to the Section-467: Sirajuddoula vs. State, 43 DLR (AD) 194 Case laws related to the Section-477-A: Md. Insan Ali vs. State, 7 BCR (AD) 146

44 Offences relating to Reputation Sl no: Name Types Section/s 1. Defamation Definition clause & punishment 499, 500 Print or engrave defamatory matter Intimidation, insult & annoyance Sale 502 Criminal intimidation 503, 506 Insult to breach peach 504 Insult Prejudicial acts by words 505A To insult the modesty of woman 509 By anonymous communication 507 Divine displeasure 508 Statement conducing to peace 505 Misconduct by drunken person 510

45 Offences relating to Personation Sl no: Name Types Section/s By Public servant Of public servant By general public Personation relating to army, navy, air force Against public justice Personation at election Cheating by personation Personation of Public servant 170 False personation in suit or prosecution 205 Personation of juror or assessor 229 Definition punishment 171D 171F Definition 416 Punishment 419

46 Special Laws Special Law for Trafficking Children & Minor Nari O Shishu Nirjatan Daman Ain,2000 (Sec. 6) Trafficking of children, etc., # Punishment: Death or Life imprisonment and also fine. Anti-Human Trafficking Act, 2012 (Sec. 6) # Punishment: Life imprisonment or Maximum 5 years (rigorous) and also fine not more than 50,000 taka. Special Law relating to Abduction Nari O Shishu Nirjatan Daman Ain,2000 (Sec. 7) # Punishment: life imprisonment or Minimum imprisonment 14 years also fine Anti-Human Trafficking Act, 2012 (Sec. 10) # Punishment: maximum 10 years and minimum 5 years also fine not less than 20,000 taka.

47 Special Law relating to Hurt/Greivous hurt Nari O Shishu Nirjatan Daman Ain,2000 (Sec. 4[2][a] ) Causing injury to any child or woman by corrosive or poisonous substance in respect of eyes, head, face, breast or sexual organ etc. # Punishment: Death or Life imprisonment and also fine not more than 1 lakh (Sec. 4[2][b] ) Causing injury to any child or woman by corrosive or poisonous substance in respect of any part of body other than eyes, head, face, breast or sexual organ etc. # Punishment: Maximum: 14 years Minimum: 7 years and also fine 50,000 taka. Acid Aparadh Daman Ain, 2002 (Sec. 5[a] ) Causing injury to person by corrosive or poisonous substance in respect of eyes, head, face,sexual organ etc # Punishment: Death or Life imprisonment and also fine not more than 1 lakh (Sec. 5[b] ) Causing injury to any person by corrosive or poisonous substance in respect of any part of body other than eyes, head, face, sexual organ etc # Punishment: Maximum: 14 years Minimum: 7 years and also fine 50,000 taka.

48 Special law relating to modesty of women Dhaka Metropolitan Police Ordinance,1976 (Sec. 76) Penalty for teasing women # Punishment: 1 year or fine which may extend to 2000 taka Or both. Chittagong Metropolitan Police Ordinance,1978 (Section 78) Penalty for teasing women # Punishment: 1 year or fine which may extend to 2000 taka Or both. Khulna Metropolitan Police Ordinance,1985 (Section 79) Penalty for teasing women # Punishment: 1 year or fine which may extend to 2000 taka Or both. Nari O Shishu Nirjatan Daman Ain,2000 (Sec. 10) # Punishment: maximum 10 years (rigorous) and minimum 5 years also fine. Mobile Court Act,2009 (Sec. 8[1] ) # Punishment: maximum 2 years and fine which may extend to 10,000 taka Or both.

49 Special Law relating to counterfeit Currency notes & Government Stamp Special Powers Act, 1974 (Sec. 25A) Counterfeiting currency-notes and government stamps # Punishment: Death or Life imprisonment or rigorous imprisonment which may extend to 14 years and also fine Special Law relating to Public Servant The Prevention of Corruption Act, 1947 Section-5 Criminal misconduct by public servant Public Servant (Dismissal on conviction) Ordinance, 1987 Section-3 Dismissal of public servant on conviction

50 Special Law relating to Theft, Extortion, Robbery, Decoity The Whipping Act, 1909 Section 3: Offences punishable with whipping in lieu of other punishments Section 4: Offences punishable with whipping in lieu of or in addition to other punishments Section 5: Juvenile offenders punishable with whipping Special Law relating to Abetment of Suicide Nari O Shishu Nirjatan Daman Ain,2000 (Sec. 9A) # Punishment: maximum 10 years (rigorous) Minimum 5 years and also fine

51 Special law related to obscenity The Pornography Niyontron Ain, 2012 Section Name Punishment S-4 Prohibition on reservation & sell - S-8(1) S-8(2) S-8(3) S-8(4) S -8(5) S -8(6) Production of pornography Defame or harass someone mentally through pornography Serve porography through Internet or other electronic device Mischeif by showing pornography Advertisement, production, sell or reservation of pornography Advertisement, production, sell or reservation of pornography by using child 7 years rigorous imprisonment & maximum 2,00,000 taka fine 5 years rigorous imprisonment & maximum 2,00,000 taka fine 2 years rigorous imprisonment & maximum 1,00,000 taka fine 2 years rigorous imprisonment & maximum 1,00,000 taka fine 10 years rigorous imprisonment & maximum 5,00,000 taka fine 10 years rigorous imprisonment & maximum 5,00,000 taka fine S-8(7) Punishment of abettor Same The End