Law of Crimes-I

Law-402
Md. Hasnath Kabir Fahim
LL.B. (Hons.), LL.M. (First Class First)
Lecturer
School of Law
Chittagong Independent University (CIU)

http://www.ciu.edu.bd/sol-faculty.html#?id=8
https://www.linkedin.com/in/md-hasnath-kabir-fahim-40bb60177/
https://scholar.google.com/citations?user=fWrWKIwAAAAJ&hl=en
https://www.researchgate.net/profile/Md_Hasnath_Fahim
https://iiuc.academia.edu/HasnathKabirFahim
 Application of the Penal Code, 1860

• Section-1: This Act shall be called the Penal

Code and shall take effect throughout
Bangladesh.

• Section-2: Every person shall be liable to

punishment under this Code for every act or
omission contrary to the provisions thereof, of
which he shall be guilty within Bangladesh.
 Application of the Penal Code-1
• But the Penal Code, 1860 is a general law and
does not affect any special law (AIR 1937
Allahabad 714).
• The term ‘every person’ of the Section-2
indicates both national and international
personality.
• Any foreigner committing a crime within the
territory of Bangladesh shall be liable for that
criminal act or omission (AIR 1957 SC 857).
Exception to the concept of ‘Every person’

• Certain persons are given immunity from the

criminal liability of national law. Some of
them are:
i. President: Under the Article-51 of the
Bangladesh Constitution, during the term of
office, no criminal proceeding and process for
arrest or imprisonment can be instituted
against him.
 Exception to the concept of ‘Every
person’-1
ii. Foreign sovereigns: A foreign sovereign
cannot be punished under the Code according
to the rules of International Law.
iii. Ambassador: An Ambassador being a
representative of an independent State is
entitled to the immunity along with his family
members. However, such immunity does not
extend to the crime like murder. If he commits
a gross crime, he may be sent home.
 Exception to the concept of ‘Every
person’-2
iv. Public servant: Under certain laws, some
public officers get immunity from criminal
proceedings. Section-132 of the Code of
Criminal Procedure provides immunity to
public officers while performing legal duty in
good faith.
v. Alien enemy: An alien enemy in times of war
cannot be tried by the criminal court but shall
be tried under the martial law.
Extra-territorial Jurisdiction of the Penal
Code, 1860
• Section-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.
 Extra-territorial Jurisdiction of the Penal
Code-2
• Any Bangladeshi citizen committing a crime beyond the
territory of Bangladesh, which is a punishable offence under
the law of Bangladesh, can be tried under the criminal court of
the country (AIR 1968 Cal 220).
• 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.
• Any foreigner committed a crime within the territory of
Bangladesh & left the country, can be tried under the law of
Bangladesh (AIR 1957 SC 857).
• B, a European British subject, commits a murder in Rangpur.
He can be tried and convicted of murder in any place in
Bangladesh in which he may be found.
 Extension of the Penal Code to extra-
territorial offences

• Section-4: The provisions of this Code apply

also to any offence committed by-
i. any citizen of Bangladesh in any place
without and beyond Bangladesh;
ii. any person on any ship or aircraft registered
in Bangladesh wherever it may be.
 Extension of the Penal Code to extra-
territorial offences-2

• The jurisdiction the Penal Code extends over

the offences committed on Bangladeshi ships
on high seas (Admiralty jurisdiction).
• The jurisdiction the Penal Code is applicable
to any offence committed by any person on
any air-craft registered in Bangladesh.
• 50 DLR (AD) 187
 Observations
• If there is provision of punishment of an
offence both under the Penal Code and special
law, the special law shall prevail (44 DLR
(AD)260).
• For the same offence, a person cannot be tried
under both the Penal Code and special law
regarding that crime (1918 AIR 649).
 Definitions
• Section-11: Person includes any Company or
Association or body of persons, whether incorporated or
not (AIR 1970 Raj 145).
• The term ‘person’ under the Penal Code includes an
unborn child after the seventh month of pregnancy (AIR
1966 All 590).
• Section-20: The words "Court of Justice" denote a
Judge or a body of Judges who is empowered by law to
act judicially.
• A quasi-judicial authority will not be a ‘Court of Justice’
within the meaning of Section-20 (AIR 1956 SC 153).