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1 THE PENAL CODE, 1860

(ACT NO. XLV OF 1860).
  Part No : Chapter No : Section No: [ 6th October, 1860  
  
    
 
CONTENTS
 
SECTIONS
 
CHAPTER I
INTRODUCTION
Preamble
1. Title and extent of operation of the Code
2. Punishment of offences committed within Bangladesh
3. Punishment of offences committed beyond, but which by law may be tried within Bangladesh
4.Extension of Code to extra-territorial offences
5. Certain laws not to be affected by this Act
CHAPTER II
GENERAL EXPLANATIONS
6. Definitions in the Code to be understood subject to exceptions
7. Sense of expression once explained
8. Gender
9. Number
10. “Man” “Woman”
11. “Person”
12. “Public”
13. [Omitted]
14. “Servant of the State”
15. [Repealed]
16. [Repealed]
17. “Government”
18. [Repealed]
19. “Judge”
20. “Court of justice”
21. “Public servant”
22. “Moveable property”
23. “Wrongful gain”
“Wrongful loss”
Gaining wrongfully. Losing wrongfully.
24. “Dishonestly”
25. “Fraudulently"
26. “Reason to believe”
27. Property in possession of wife, clerk or servant.
28. “Counterfeit”
29. “Document”
30. “Valuable security”
31. “A will”
32. Words referring to acts include illegal omissions
33. “Act” “Omission”
34. Acts done by several persons in furtherance of common intention
35. When such an act is criminal by reason of its being done with a criminal knowledge or intention
36. Effect caused partly by act and partly by omission
37. Co-operation by doing one of several Acts constituting an offence
38. Persons concerned in criminal act may be guilty of different offences
39. “Voluntarily”
40. “Offence”
41. “Special law”
42. “Local law”
43. “Illegal” “Legally bound to do”
44. “Injury”
45. “Life”
46. “Death”
47. “Animal”
48. “Vessel”
49. “Year” “Month”
50. “Section”
51. “Oath”
52. “Good faith”
52A. “Harbour”
CHAPTER III
OF PUNISHMENTS
53. Punishments
53A. Construction of reference to transportation
54. Commutation of sentence of death
55. Commutation of sentence of [ imprisonment ] for life
55A. Saving for President’s prerogative
56. [Repealed]
57. Fractions of terms of punishment
58. [Omitted]
59. [Omitted]
60. Sentence may be (in certain cases of imprisonment, wholly or partly rigorous or simple
61. [Repealed]
62. [Repealed]
63. Amount of fine
64. Sentence of imprisonment for non-payment of fine
65. Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable
66. Description of imprisonment for non-payment of fine
67. Imprisonment for non-payment of fine, when offence punishable with fine only
68. Imprisonment to terminate on payment of fine
69. Termination of imprisonment on payment of propor-tional part of fine
70. Fine leviable within six years, or during imprisonment Death not to discharge property from liability
71. Limit of punishment of offence made up of several offences
72. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which
73. Solitary confinement
74. Limit of solitary confinement
75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction
CHAPTER IV
GENERAL EXCEPTIONS
76. Act done by a person bound, or by mistake of fact believing himself bound, by law
77. Act of judge when acting judicially
78. Act done pursuant to the judgment or order of Court
79. Act done by a person justified, or by mistake of fact believing himself justified, by law
80. Accident in doing a lawful act
81. Act likely to cause harm, but done without criminal intent and to prevent other harm
82. Act of a child under nine years of age
83. Act of a child above nine and under twelve of immature understanding
84. Act of a person of unsound mind
85. Act of a person incapable of judgment by reason of intoxication caused against his will
86. Offence requiring a particular intent or knowledge committed by one who is intoxicated
87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent
88. Act not intended to cause death, done by consent in good faith for person’s benefit
89. Act done in good faith for benefit of child or insane person, by or by consent of guardian
90. Consent known to be given under fear or misconception
Consent of insane person
Consent of child
91. Exclusion of acts which are offences independently of harm caused
92. Act done in good faith for benefit of a person without consent
93. Communication made in good faith
94. Act to which a person is compelled by threats
95. Act causing slight harm
Of the Right of the Private Defence
96. Things done in private defence
97. Right of private defence of the body and of property
98. Right of private defence against the act of a person of unsound mind, etc.
99. Acts against which there is no right private defence
Extent to which the right may be exercised
100. When the right of private defence of the body extends to causing death
101. When such right extends to causing any harm other than death
102. Commencement and continuance of the right of private defence of the body
103. When the right of private defence of property extends to causing death
104. When such right extends to causing any harm other than death
105. Commencement and continuance of the right of private defence of property
106. Right of private defence against deadly assault when there is risk of harm to innocent person
CHAPTER V
OF ABETMENT
107. Abetment of a thing
108. Abettor
108A. Abetment in Bangladesh, of offences outside it
109. Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment.
110. Punishment of abetment if person abetted does act with different intention from that of abettor
111. Liability of abettor when one act abetted and different act done
112. Abettor when liable to cumulative punishment for act abetted and for act done
113. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor
114. Abettor present when offence is committed
115. Abetment of offence punishable with death or imprisonment for life- if offence be not committed; if act causing harm be done in consequence
116. Abetment of offence punishable with imprisonment– if offence be not committed; if abettor or person abetted be a public servant whose duty it is to prevent offence
117. Abetting commission of offence by the public, or by more than ten persons
118. Concealing design to commit offence punishable with death or imprisonment for life- if offence be committed; if offence be not committed
119. Public servant concealing design to commit offence which it is his duty to prevent-
if offence be committed;
if offence be punishable with death, etc;
if offence be not committed
120. Concealing design to commit offence punishable with imprisonment
if offence be committed; if offence be not committed
2CHAPTER VA
CRIMINAL CONSPIRACY
120A. Definition of criminal conspiracy.
120B. Punishment of criminal conspiracy
CHAPTER VI
OF OFFENCES AGAINST THE STATE
121. Waging or attempting to wage war, or abeting waging of war, against Bangladesh
121A. Conspiracy to commit offences punishable by section 121.
122. Collecting arms, etc., with intention of waging war against Bangladesh
123. Concealing with intent to facilitate design to wage war
123A. Condemnation of the creation of the State, and advocacy of abolition of its sovereignty
124. Assaulting President, The Government, etc., with intent to compel or restrain the exercise of any lawful power
124A. Sedition
125. Waging war against any Asiatic Power in alliance with Bangladesh
126. Committing depredation on territories of Power at peace with Bangladesh
127. Receiving property taken by war or depredation mentioned in sections 125 and 126
128. Public servant voluntarily allowing prisoner of State or war to escape
129. Public servant negligently suffering such prisoner to escape
130. Aiding escape of, rescuing or harbouring such prisoner
CHAPTER VII
OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty
132. Abetment of mutiny, if mutiny is committed in consequence thereof
133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office
134. Abetment of such assault, if the assault is committed
135. Abetment of desertion of soldier, sailor or airman
136. Harbouring deserter
137. Deserter concealed on board merchant vessel through negligence of master
138. Abetment of act of insubordination by soldier, sailor or airman
138A. [Repealed]
139. Persons subject to certain acts
140. Wearing garb or carrying token used by soldier, sailor or airman
CHAPTER VIII
OF OFFENCES AGAINST THE PUBLIC TRANQUILITY
141. Unlawful assembly
142. Being member of unlawful assembly
143. Punishment
144. Joining unlawful assembly, armed with deadly weapon
145. Joining or continuing in unlawful assembly, knowing it has been commanding to disperse
146. Rioting
147. Punishment for rioting
148. Rioting, armed with deadly weapon
149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
150. Hiring, or conniving at hiring, of persons to join unlawful assembly
151. Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse
152. Assaulting or obstructing public servant when suppressing riot, etc.
153. Wantonly giving provocation with intent to cause riot- if rioting be committed; if not committed
153A. Promoting enmity between classes
153B. Inducing students, etc. to take part in political activity
154. Owner or occupier of land on which an unlawful assembly is held
155. Liability of person for whose benefit riot is committed
156. Liability of agent of owner or occupier for whose benefit riot is committed
157. Harbouring persons hired for an unlawful assembly
158. Being hired to take part in an unlawful assembly or riot; or to go armed
159. Affray
160. Punishment for committing affray
CHAPTER IX
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
161. Public servant taking gratification other than legal remuneration in respect of an official ac
162. Taking gratification, in order, by corrupt or illegal means, to influence public servant
163. Taking gratification, for exercise of personal influence with public servant
164. Punishment for abetment by public servant of offences defined in section 162 or 163
165. Public servant obtaining valuable thing, without consideration, from person concerned in proceeding or business transacted by such public servant
165A. Punishment for abetment of offences defined in sections 161 and 165
165B. Certain abettors excepted
166. Public servant disobeying law, with intent to cause injury to any person
167. Public servant framing an incorrect document with intent to cause injury
168. Public servant unlawfully engaging in trade
169. Public servant unlawfully buying or bidding for property
170. Personating a public servant
171. Wearing garb or carrying token used by public servant with fraudulent intent
3CHAPTER IXA
OF OFFENCES RELATING TO ELECTIONS
171A. “Candidate”, “Electoral right” defined
171B. Bribery
171C. Undue influence at elections
171D. Personation at elections
171E. Punishment of bribery
171F. Punishment for undue influence or personation at an election
171G. False statement in connection with an election
171H. Illegal payments in connection with an election
171-I. Failure to keep election accounts
CHAPTER X
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
172. Absconding to avoid service of summons or other proceeding
173. Preventing service of summons or other proceeding or preventing publication thereof
174. Non-attendance in obedience to an order from public servant
175. Omission to produce document to public servant by person legally bound to produce it
176. Omission to give notice or information to public servant by person legally bound to give it
177. Furnishing false information
178. Refusing oath or affirmation when duly required by public servant to make it
179. Refusing to answer public servant authorized to question
180. Refusing to sign statement
181. False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation
182. False information with intent to cause public servant to use his lawful power to the injury of another person
183. Resistance to the taking of property by the lawful authority of a public servant
184. Obstructing sale of property offered for sale by authority of public servant
185. Illegal purchase or bid for property offered for sale by authority of public servant
186. Obstructing public servant in discharge of public functions
187. Omission to assist public servant when bound by law to give assistance
188. Disobedience to order duly promulgated by public servant
189. Threat of injury to public servant
190. Threat of injury to induce person to refrain from applying for protection to public servant
CHAPTER XI
OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
191. Giving false evidence
192. Fabricating false evidence
193. Punishment for false evidence
194. Giving or fabricating false evidence with intent to procure conviction of capital offence; if innocent person be thereby convicted and executed
195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
196. Using evidence known to be false
197. Issuing or signing false certificate
198. Using as true a certificate known to be false
199. False statement made in declaration which is by law receivable as evidence
200. Using as true such declaration knowing it to be false
201. Causing disappearance of evidence of offence, or giving false information to screen offender- if a capital offence; if punishable with imprisonment for life; if punishable with less than ten years’ imprisonment
202. Intentional omission to give information of offence by person bound to inform
203. Giving false information respecting an offence committed
204. Destruction of document to prevent its production as evidence
205. False personation for purpose of act or proceeding in suit or prosecution
206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
207. Fraudulent claim to property to prevent its seizure as forfeited or in execution
208. Fraudulently suffering decree for sum not due
209. Dishonestly making false claim in Court
210. Fraudulently obtaining decree for sum not due
211. False charge of offence made with intent to injure
212. Harbouring offender if a capital offence; if punishable with imprisonment for life, or with imprisonment
213. Taking gift, etc., to screen an offender from punishment- if a capital offence; if punishable with imprisonment for life, or with imprisonment
214. Offering gift or restoration of property in consideration of screening offender- if a capital offence; if punishable with imprisonment for life, or with imprisonment
215. Taking gift to help to recover stolen property, etc.
216. Harbouring offender who has escaped from custody or whose apprehension has been ordered- if a capital offence; if punishable with imprisonment for life, or with imprisonment
216A. Penalty for harbouring robbers or dacoits
216B. [Omitted]
217. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
219. Public servant in judicial proceeding corruptly making report, etc., contrary to law
220. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
221. Intentional omission to apprehend on the part of public servant bound to apprehend
222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed
223. Escape from confinement or custody negligently suffered by public servant
224. Resistance or obstruction by a person to his lawful apprehension
225. Resistance or obstruction to lawful apprehension of another person
225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for
225B. Resistance or obstruction to lawful apprehension, or escape or rescue, in cases not otherwise provided for
226. [Omitted]
227. Violation of condition of remission of punishment
228. Intentional insult or interruption to public servant sitting in judicial proceeding
229. Personation of a juror or assessor
CHAPTER XII
OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS
230. “Coin” defined Bangladesh coin
231. Counterfeiting coin
232. Counterfeiting Bangladesh coin
233. Making or selling instrument for counterfeiting coin
234. Making or selling instrument for counterfeiting Bangladesh coin
235. Possession of instrument or material for the purpose of using the same for counterfeiting coin; if Bangladesh coin
236. Abetting in Bangladesh the counterfeiting out of Bangladesh of coin
237. Import or export of counterfeit coin
238. Import or export of counterfeits of Bangladesh coin
239. Delivery of coin, possessed with knowledge that it is counterfeit
240. Delivery of Bangladesh coin, possessed with knowledge that it is counterfeit
241. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit
242. Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof
243. Possession of Bangladesh coin by person who knew it to be counterfeit when he became possessed thereof
244. Person employed in mint causing coin to be of different weight or composition from that fixed by law
245. Unlawfully taking coining instrument from mint
246. Fraudulently or dishonesty diminishing weight or altering composition of coin
247. Fraudulently or dishonestly diminishing weight or altering composition of Bangladesh coin
248. Altering appearance of coin with intent that it shall pass as coin of different description
249. Altering appearance of Bangladesh coin, with intent that it shall pass as coin of different description
250. Delivery of coin, possessed with knowledge that it is altered
251. Delivery of Bangladesh coin, possessed with knowledge that it is altered
252. Possession of coin by person who knew it to be altered when he became possessed thereof
253. Possession of Bangladesh coin by person who knew it to be altered when he became possessed thereof
254. Delivery of coin as genuine which, when first possessed, the deliverer did not know to be altered
255. Counterfeiting Government stamp
256. Having possession of instrument or material for counterfeiting Government stamp
257. Making or selling instrument for counterfeiting Government stamp
258. Sale of counterfeit Government stamp
259. Having possession of counterfeit Government stamp
260. Using as genuine a Government stamp known to be counterfeit
261. Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government
262. Using Government stamp known to have been before used
263. Erasure of mark denoting that stamp has been used
263A. Prohibition of fictitious stamps
CHAPTER XIII
OF OFFENCES RELATING TO WEIGHTS AND MEASURES
264. Fraudulent use of false instrument for weighing
265. Fraudulent use of false weight or measure
266. Being in possession of false weight or measure
267. Making or selling false weight or measure
CHAPTER XIV
OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS
268. Public nuisance
269. Negligent act likely to spread infection of disease dangerous to life
270. Malignant act likely to spread infection of disease dangerous to life
271. Disobedience to quarantine rule
272. Adulteration of food or drink intended for sale
273. Sale of noxious food or drink
274. Adulteration of drugs
275. Sale of adulterated drugs
276. Sale of drug as a different drug or preparation
277. Fouling water or public spring or reservoir
278. Making atmosphere noxious to health
279. Rash driving or riding on a public way
280. Rash navigation of vessel
281. Exhibition of false light, mark or buoy
282. Conveying person by water for hire in unsafe or over-loaded vessel
283. Danger or obstruction in public way or line of navigation
284. Negligent conduct with respect to poisonous substance
285. Negligent conduct with respect to fire or combustible matter
286. Negligent conduct with respect to explosive substance
287. Negligent conduct with respect to machinery
288. Negligent conduct with respect to pulling down or repairing buildings
289. Negligent conduct with respect to animal
290. Punishment for public nuisance in cases not otherwise provided for
291. Continuance of nuisance after injunction to discontinue
292. Sale, etc., of obscene books, etc.
293. Sale, etc., of obscene objects to young person
294. Obscene acts and songs
294A. Keeping lottery-office
294B. Offering of prize in connection with trade, etc.
CHAPTER XV
OF OFFENCES RELATING TO RELIGION
295. Injuring or defiling place of worship, with intent to insult the religion of any class
295A. Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs
296. Disturbing religious assembly
297. Trespassing on burial places, etc.
298. Uttering words, etc., with deliberate intent to wound religious feelings
CHAPTER XVI
OF OFFENCES AFFECTING THE HUMAN BODY
Of Offences affecting Life
299. Culpable homicide
300. Murder
When culpable homicide is not murder
301. Culpable homicide by causing death of person other than person whose death was intended
302. Punishment for murder
303. Punishment for murder by life-convict
304. Punishment for culpable homicide not amounting to murder
304A. Causing death by negligence
304B. Causing death by rash driving or riding on a public way
305. Abetment of suicide of child or insane person
306. Abetment of suicide