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09/12/2023
The Penal Code, 1860

1The Penal Code, 1860

( ACT NO. XLV OF 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.

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Ministry of Law, Justice and Parliamentary Affairs