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14/06/2024
Laws of Bangladesh

The Criminal Law Amendment Act, 1958

( ACT NO. XL OF 1958 )

Special rules of evidence
7. (1) When any person is charged before a Special Judge with an offence triable under this Act, the fact that such person or any other person through him or on his behalf, is in possession, for which he cannot satisfactorily account, of pecuniary resources, or property disproportionate to his known sources of income, or that such person has, on or about the time of offence with which he is charged, obtained an accretion to his pecuniary resources or property for which he cannot satisfactorily account, may be proved, and may be taken into consideration by the Special Judge as a relevant fact in deciding whether he is guilty of the particular offence with which he is charged.
 
 
 
 
(2) Where in any trial before a Special Judge of an offence punishable under sections 161 to 165 of the 1[Penal Code], it is proved that an accused person has accepted or obtained, or has agreed to accept or attempted to obtain, for himself or for any other person, any gratification (other than legal remuneration) or any valuable thing, or any pecuniary advantage from a person or the agent of a person, for any favour shown or promised to be shown by the accused person, it shall be presumed, unless the contrary is proved, that he accepted or obtained, or agreed to accept or attempted to obtain, that gratification, or that valuable thing, or pecuniary advantage to himself or some other person, as the case may be, as a motive or reward such as is mentioned in sections 161, 162 and 163 of the 2[Penal Code], or, as the case may be, without consideration, or for a consideration which he knows to be inadequate.
 
 
(3) Where in any trial of an offence punishable under section 165A of the 3[Penal Code], it is proved that any gratification (other than legal remuneration) or any valuable thing has been given or offered to be given or attempted to be given by an accused person, it shall be presumed unless the contrary is proved that he gave or offered to give or attempted to give the gratification or valuable thing, as the case may be, as a motive or reward such as is mentioned in section 161 of the said Code or, as the case may be, without consideration or for a consideration which he knew to be inadequate.
 
 
 
 
(4) Notwithstanding anything contained in sub-sections (2) and (3), the Court may decline to draw the presumption referred to in either of the said sub-sections, if the gratification or thing aforesaid is, in its opinion, so trivial that no inference of corruption may fairly be drawn.

  • 1
    The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 2 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978)
  • 2
    The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 2 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978)
  • 3
    The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 2 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978)
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