Laws of Bangladesh

The Money-Lenders Act, 1940 (Bengal Act)

( ACT NO. X OF 1940 )

Chapter VII


Penalty for molestation
41. (1) Whoever molests, or abets the molestation of, a debtor for the purpose of recovering or attempting to recover, a debt shall be punishable, on conviction, with imprisonment which may extend to one year or with fine which may extend to one thousand Taka or with both.
Explanation.- For the purposes of this section, a person who, with intent to cause another person to abstain from doing any act which he has a right to do or to do any act which he has a right to abstain from doing,-
(a) obstructs or uses violence to or intimidates such other person, or
(b) persistently follows such other person from place to place or interferes with any property owned or used by him or deprives him of, or hinders him in the use thereof, or
(c) loiters or does any similar act at or near a house, building or place where such other person resides or works or receives his pay or wages or carries on business or happens to be-
shall be deemed to molest such other person:
Provided that a person who attends at or near such house, building or place for the purpose only of making a formal demand for repayment of a loan due or of obtaining or communicating information shall not be deemed to molest.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence under this section shall be cognizable and bailable.
(3) Nothing in this section shall be deemed to restrict the provisions of the 1[* * *] Workmen's Protection Act, 1934.

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