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1The Penal Code, 1860

( ACT NO. XLV OF 1860 )

[ 6th October, 1860 ]

Chapter VII

OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE

Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty
131. Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of Bangladesh, or attempts to seduce any such officer, soldier, sailor or airman from his allegiance or his duty, shall be punished with 2[imprisonment] for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
 
 
Explanation.-In this section the words "officer", “soldier", "sailor" and "airman" include any person subject to the 3[Army Act, 1952 or the Navy Ordinance, 1961 or the Air Force Act, 1953], as the case may be.
Abetment of mutiny, if mutiny is committed in consequence thereof
132. Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of Bangladesh, shall, if mutiny be committed in consequence of that abetment, be punished with death or with 4[imprisonment] for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office
133. Whoever, abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of Bangladesh, on any superior officer being in the execution of his office, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Abetment of such assault, if the assault is committed
134. Whoever, abets an assault by an officer, soldier sailor or airman, in the Army, Navy or Air Force of Bangladesh, on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall be liable to fine.
Abetment of desertion of soldier, sailor or airman
135. Whoever abets the desertion of any officer, soldier, sailor or airman, in the Army, Navy or Air Force of Bangladesh, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Harbouring deserter
136. Whoever, except as hereinafter excepted, knowing or having reason to believe that an officer, soldier, sailor or airman, in the Army, Navy or Air Force of Bangladesh, has deserted, harbours such officer, soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
 
 
Exception.-This provision does not extend to the case in which the harbour is given by a wife to her husband.
Deserter concealed on board merchant vessel through negligence of master
137. The master or person in charge of a merchant vessel, on board of which any deserter from the Army, Navy or Air Force of Bangladesh is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding five hundred taka if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel.
Abetment of act of insubordination by soldier, sailor or airman
138. Whoever abets what he knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of Bangladesh, shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
[Repealed]
138A. [Repealed by section 2 and Schedule of the Amending Act, 1934 (Act No. XXXV of 1934).]
Persons subject to certain acts
139. No person subject to the 5[* * *] Army Act, 1952, the 6[Navy Ordinance, 1961], the 7[* * *] Air Force Act, 1953, is subject to punishment under this Code for any of the offences defined in this Chapter.
Wearing garb or carrying token used by soldier, sailor or airman
140. Whoever, not being a soldier, sailor or airman in the Military, Naval or Air service of Bangladesh, wears any garb or carries any token resembling any garb or token used by such a soldier, sailor or airman with the intention that it may be believed that he is such a soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred taka or with both.
 
 
  • 1
    Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, “the Government” and “Taka” were substituted, for the words “Pakistan”, “Central or any Provincial Government” or “Central Government or any Provincial Government” or “Central Government” or “the Provincial Government” or “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 2
    The word “imprisonment” was substituted, for the word “transportation” by section 13 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)
  • 3
    The words, commas and figures “Army Act, 1985 or the Navy Ordinance, 1961 or the Air Force Act, 1953” were substituted, for the words “Army Act, the Indian Army Act, 1911, the Pakistan Army Act, 1952, the Naval Discipline Act or that Act as modified by the Pakistan Navy (Discipline) Act, 1934, the Air Force Act or the Indian Air Force Act, 1932 or the Pakistan Air Force Act, 1953” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 4
    The word “imprisonment” was substituted, for the word “transportation” by section 13 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)
  • 5
    The words, commas and figure “Army Act, the Indian Army Act, 1911, the Pakistan” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 6
    The words, comma and figure “Navy Ordinance, 1961” were substituted, for the words, brackets, comma and figure “the Naval Discipline Act or that Act as modified by the Pakistan Navy (Discipline) Act, 1934” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 7
    The words, comma and figure “Air Force Act or the Indian Air Force Act, 1932 or the Pakistan” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
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