PENAL CODE 1860,

Enacted on 6th Oct 1860

Act 45, 511 sections (enforcement date –1st January 1862)

Note:
 Charge is brought against the D under the section where the punishment for the offence is
prescribed NOT under the section which defines the offence. e.g. if D commits murder, he
will be charged under s. 302 of the penal code but not under s.300 (which defines murder)
 all imprisonments are of either description (simple or rigorous) unless otherwise stated
 compoundable offences (345 of CrPC): offences where compromise with
complainant/victim is possible at any time.
 non-compoundable offences (NC): compromise is not possible. the only way to compromise
is by adducing evidence during trial that a compromise has been reached
 compoundable with court's permission: compromise is possible at any time if court grants
permission .
 cognible offence (cog) - where police and arrest or search without warrant.
 Non-cognible offence (non-cog): where police cannot arrest or search without warrant
 bailable offence : where D has right to et nail.
 non-bailable offence (NB): D has no right to get bail but court has discretion to grant bail.

Judge:
s.19 - Person who is officially designed as a Judge including a person who is lawfully empowered to give
definitive judgment in civil/criminal proceedings. (Includes magistrates).

Common intention:
s.33 – definition of act and omission
s. 34 - when a criminal act is done by several persons having common intention, each person shall be
equally liable. For example, if A, B and C jointly commits robbery, all of them will be equally liable.
s.35: acts committed by several persons with criminal intent: if an act is criminal only because it
was committed with criminal intent or knowledge, and it was committed by several persons, then
each person having such intent or knowledge will be liable equally. For example, if A instructs B to
commit murder, then both are liable even though A did not actually participate in committing the
offence.

Types of punishment:
s.53: 1. Death penalty 2. Life imprisonment 3. Imprisonment (Rigorous and Simple)
4. Forfeiture of property 5. Fine
 Life imprisonment is always rigorous. (53A -transportation as punishment is omitted). s.57 -
life imprisonment is construed as 30 years rigorous imprisonment. Note: recent judgment of
the Appellate division suggests that life imprisonment lasts for life.
 s. 67: For offences punishable with fine only, imprisonment in default of payment of fine is
always simple

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Commutation (Pardon):
s.54/55: Govt. can commute a sentence of death (to any other punishment) or life imprisonment (to
20 years).

Chapter – 4 of Penal code

General Exceptions (acts which does not give rise to criminal liability (ss 76-93)
 Act done by person in good faith mistakenly believing he legally bound to do something
(s.76) (mistake as to fact not law) [e.g. police officers]
 Act of judge acting judicially (s.77) or act done pursuant to a judgment/order (s.79) [e.g. acts
of judges & executioner]
 Accidental/unintentional acts (s.80)
 Act of a child under age 9 (s.82) and aged between 9-12 (if the child lacks sufficient
mturity-s.83)
 persons of unsound mind (s.84)
 act of an intoxicated person (if involuntary intoxication) s.85
 acts done with consent of V (without intending death or grievous hurt)(s.87) (e.g. sports)
 acts done with consent for the benefit of V (s.88) (e.g. doctors)
 acts done for benefit of child/insane person with guardian's consent (s.89)
 consent of a child under 12, insane person or given under fear/threat is invalid (s.90)
 act done in good faith for benefit of a person without consent (s.92) (e.g. saving a drowning
person)
 acts done under threat/duress (except murder) (s.93)

Private defence
s.96: Act done in exercise of private defense is not an offence.
 Harm inflicted must be necessary.
s.97: Every person has a right to defend his own body (or another person) or property (moveable or
immovable), of himself or of any other person, against theft, robbery, mischief or criminal trespass,
or attempt to commit those offences.
s.99: No right of private defense against acts committed by public servant in good faith even if the act
is not justifiable by law (except death or grievous hurt)

Abetment:
s.107: definition: Abetment includes instigating another person to commit offence, engaging in
conspiracy, or aiding an illegal act/omission.
s.109 - punishment: Same as the offence abetted.

Offenses:

Unlawful assembly: (bailable/ not compoundable/cog)

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s.141: An assembly of 5 or more persons, if their common objective is to intimidate/obstruct
Govt,/legislature in exercise of their lawful power/ resist execution of any law/ commit mischief or
criminal trespass/ to obtain possession of property or deprive another f their right using criminal
force/ or compel someone to commit illegal act.
s.143 - punishment - 6 months (rigorous/simple) or fine or both

Riot: (bailable/compoundable with court permission/cog)

s.146: When violence/force used by an unlawful assembly
s.147: two years or fine or both
Affray (non- cog, NB, NC)
s.159 -: two or more persons fight and disturb public peace - s.160 - 1 month or 100tk fine/both.

Giving false information regarding an offense (non-cog, bailable, Not Comp.)

s.203 – giving any false information regarding offence - 2years or fine or both
s.211 – filing a false case against someone with intent to injure – 2 years or both (if false case is
based on a death penalty or life offence, then 7 years)

Murder and culpable homicide (cog):

s299 - culpable homicide definition - causing death with intent or knowledge that the act will cause
death
s.300: definition of murder - Culpable homicide is murder if there is - 1. Intent to cause death 2.
Intending bodily injury likely to cause death 3. Intending bodily injury which sufficient to cause
death in the ordinary course of nature 4. Imminently dangerous act with in all probability will cause
death.
Culpable homicide is not murder if: 1. Voluntary provocation 2. No provocation occurs if the act is
done by public servant in lawful exercise of powers 3. No provocation occurs if the V is exercising
right of private defense.
302: punishment for murder - death/ life imprisonment (Not bailable/not compoundable)
303: if a person commits murder who has already received life imprisonment: death only (NB/NC))
304: punishment for culpable homicide not mounting to murder - life/10yrs and fine (NB/NC)
304A: punishment for causing death by negligence - 5yrs or fine/both (bailable/NC)
s.304B: causing death by rash driving or horse riding on a public way: 3yrs or fine or both
(bailable/NC)

Attempted murder: (NB/NC/cog)

s.307 -if the culpable act (with required intent and knowledge) were completed it would be murder
Punishment (if V is not hurt) - 10 yrs and fine . If V is hurt - life/ 10yrs and fine
Attempted culpable homicide (bailable/NC)
s.308: - (if V is hurt) 7 yrs/Fine/both. If V is not hurt - 3 yrs or fine or both.
Attempted suicide
309 - 1 yr (simple imprisonment)

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 Simple Hurt:
319: definition of hurt - causing pain/disease/infirmity
323 - Punishment for simple hurt - 1yr or fine (1000tk) or both (bailable/compoundable/non-cog)
324 - Punishment for causing hurt by dangerous weapons - 3yrs or fine or both (bailable/comp.
with court's permission/cog)

Grievous hurt (NB, Non-compoundable. Cog)

320 - definition of grievous hurt - emasculation, permanent privation of either eye sight/ hearing/
joint/ permanent disfiguration of head or face /fracture / dislocation of bone/ tooth / any hurt that
endangers life/ severe bodily pain
325 - Punishment for grievous hurt - 7yrs and fine (same)
326 - Voluntarily causing grievous hurt by dangerous weapons - life or 10yrs and fine (non
bailable/cog)

Wrongful restraint (cog)

S.339 definition of wrongful restraint - preventing a person from moving in any direction were he has
a right to go.
341 - Punishment for wrongful restraint - 1 month (simple) / 500tk/ both (bailable/ compoudable)

Wrongful Confinement - (cog)

s.340 - definition - preventing a person from going beyond a circumscribed limit
Punishment for wrongful confinement (bailable/compoundable)
342 - (up to 3 days) - 1 yr or fine or both
343 - If more than 3 days - 2 yrs or fine or both
344 - If more than 10 days - 3yrs or fine or both

Kidnapping - (cog bailable/ not comp.)

359 -according to this section, kidnapping is of two types:
1) Kidnapping from lawful guardianship
2) Kidnapping from Bangladesh
360 - definition of kidnapping from Bangladesh - conveying a person outside BD territory without
consent
361: definition of kidnapping from lawful guardianship - taking or enticing a minor male under 14 or
minor female under 16 or a person of unsound mind from lawful guardians.
363 - Punishment for kidnapping of both types: - 7 yrs and fine

Abduction (cog)
362 - By force or inducement moving a person from any place (includes all other forms of kidnapping
except kidnapping from Bangladesh or person or lawful authority).

Punishment: (NB/Not Comp)

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364: kidnapping / abducting for murder - 10yrs and fine
364A kidnapping / abducting a minor under 10 for murder / lust/ slavery/ - life or 7-14 yrs.
365: kidnapping / or abducting with intent to secretly or wrongfully confine - 7yrs and fine
366: kidnapping or abducting women to compel her marriage - 10 years and fine

Rape: (bailable/ Non- comp/ non-cog)

375: Sexual Intercourse with a women against her will, without her consent, with consent obtained
by fear/death/hurt, with consent but she mistakenly believes D is her husband but D knows he is
not, with/without consent if under 14.
 No marital rape if wife is under 13.
 This offence has 5 ingredients
376: Life or 10 years and fine.

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