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Chapter 1

Criminal Law
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Criminal Law is enacted by English Government on 1 May, 1861.

After the independence of Myanmar in 1948, this law has been translated

by the Myanmar Law Translation Committee from English to Myanmar

Language. It includes 33 Chapters and 511 Sections. The main provisions

of this Law are Offences, Punishments and General Exceptions.

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1.1 Punishment of offences committed within the Republic of the

Union of Myanmar

Every person shall be liable to punishment under this Code and not

otherwise for every act or omission contrary to the provisions thereof,

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which he shall be guilty within the Republic of the Union of Myanmar.

This Section deals with intra-territorial operation of the Code. It

makes the Code universal in its application to every person in any part of

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Section 2 of the Penal Code.
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Myanmar for every act or omission contrary to the provisions of the Code.

It prescribes no fixed time within prosecution should be launched, as it

follows the maxim nullum tempus occurriregi.

Exemption

Following persons are exempted from taking action by criminal

jurisdiction. They are Heads of the Foreign States, Diplomatic and their

staffs, Alien enemies, Foreign Armies stationed in Myanmar with the

permission of the Myanmar Government and also the war ships.

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1.2 Punishment of offences committed beyond, but which by law may be

tried within the Republic of the Union of Myanmar

Any person liable, by any law enforce in the Republic of the Union

of Myanmar, to be tried for an offence committed beyond the limits of the

Republic of the Union of Myanmar shall be dealt with according to the

provisions of this Code, for any act committed beyond the Republic of the

Union of Myanmar in the same manner as if such act had been committed
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within the Republic of the Union of Myanmar.

Illustration

"A" who is the citizen of Myanmar, commits adultery in England.

Adultery is not a crime in England. But "A" can be taken action under

Section 497 of the Penal Code, which is the Criminal Law of Myanmar.

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Section 3 of the Penal Code.
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1.3 Extension of Code to extra-territorial offences

The provisions of this Code apply also to any offence committed by

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any citizen of the Union wherever he may be.

Illustration

"A" who is a citizen of Myanmar, commits a murder in Uganda. He

can be tried and convicted of murder in any place in Myanmar in which he

may be found.

1.4 Certain law not to be affected by this Code

Nothing in this Code is intended to affect any Act for punishing the

Defence Services Personnel of the Union of the provisions or any special or

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local law.

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Section 4 of the Penal Code.
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Section 5 of the Penal Code.
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