Penal Code of Bangladesh

The Penal Code, 1860
The Penal Code, 1860
Citation	Act No. XLV of 1860
Territorial extent	Bangladesh
Committee report	First Law Commission
	Status: Amended

The Penal Code of Bangladesh, formally titled the Penal Code, 1860, is the general criminal law of the country. It is based on the Indian Penal Code, which was enacted in 1860 by the Governor General-in-Council. The Code bears strong similarities to the penal laws of countries that were formerly part of the British Empire in South and Southeast Asia, including Singapore, India, Pakistan, Sri Lanka and Malaysia.

The Parliament of Bangladesh has amended the Penal Code on several occasions, the most recent amendment occurring in 2004.

The Code is a legacy of the Victorian era. While its objective is to provide a general penal framework for Bangladesh,^[1] the Parliament has also enacted various penal statutes to address specific areas of criminal law.

History

The Code was drafted based on the recommendations of the First Law Commission of British India and was presented to the Governor of Bengal in 1837. Although primarily based on Victorian English law, it also incorporated elements from the Napoleonic Code and the Louisiana Civil Code of 1825. The Code was adopted on 6 October 1860.^[2] After the Partition of British India, when East Bengal became part of Pakistan, it came to be known as the Pakistan Penal Code. Following Bangladesh's independence in 1971, the code was re-enacted as the Penal Code of Bangladesh.

Chapters

The following includes the chapters of the Code.

Chapter I - Introduction
Chapter II - General Explanations
Chapter III - Punishments
Chapter IV - General Exceptions
Chapter V - Abetment
Chapter VA - Criminal Conspiracy
Chapter VI - Offences Against the State
Chapter VII - Offences relating to the Army, Navy or Air Force
Chapter VIII - Offences Against Public Tranquility
Chapter IX - Offences by or relating to Public Servants
Chapter IXA - Offences relating to Elections
Chapter X - Contempts of the Lawful Authority of Public Servants
Chapter XI - False Evidence and Offences Against Public Justice
Chapter XII - Offences relating to Coin and Government Stamps
Chapter XIII - Offences relating to Weights and Measures
Chapter XIV - Offences Affecting the Public Health, Safety, Convenience, Decency and Morals
Chapter XV - Offences relating to Religion
Chapter XVI - Offences affecting the Human Body
Chapter XVII - Offences against Property
Chapter XVIII - Offences relating to Documents and Trade or Property Marks
Chapter XIX - Criminal Breach of Contracts of Service
Chapter XX - Offences relating to Marriage
Chapter XXI - Defamation
Chapter XXII - Criminal Intimidation, Insult, Prejudicial Act and Annoyance
Chapter XXIII - Attempts to Commit Offences

Controversial issues

Sedition

Sedition and seditious libel have been criticized as an outdated law. While the United Kingdom has phased out penalties for seditious libel, its retention in the Bangladeshi Penal Code has been used by the government to target leading journalists and politicians.^[3]

Section 309

Section 309 criminalizes suicide, which hinders prevention, seeking support and counsel, as well as proper reporting.

Section 377

Section 377 criminalizes homosexuality, which has been criticized by the LGBT rights movement.^[4]

Capital punishment

Capital punishment remains legal in Bangladesh, although other common law countries like the United Kingdom and Canada have abolished the death penalty.^[5]

References

^ "Penal Code, 1860 (Act No. XLV of 1860)". Bdlaws.minlaw.gov.bd. 12 August 1949. Retrieved 10 July 2017. This article incorporates text from this source, which is in the public domain.
^ "Bangladesh - The Penal Code (Act No. XLV of 1860)". Ilo.org. 17 January 2013. Retrieved 10 July 2017.
^ M Qaium (29 February 2016). "Sedition is too old fashioned in a modern society". The Daily Star. Retrieved 10 July 2017.
^ "Where does Bangladesh stand on homosexuality issue?". Archive.dhakatribune.com. 27 April 2016. Archived from the original on 5 June 2017. Retrieved 10 July 2017.
^ "The Death Penalty in Bangladesh". Deathpenaltyworldwide.org. Retrieved 10 July 2017.

[1] "Penal Code, 1860 (Act No. XLV of 1860)". Bdlaws.minlaw.gov.bd. 12 August 1949. Retrieved 10 July 2017. This article incorporates text from this source, which is in the public domain.

[2] "Bangladesh - The Penal Code (Act No. XLV of 1860)". Ilo.org. 17 January 2013. Retrieved 10 July 2017.

[3] M Qaium (29 February 2016). "Sedition is too old fashioned in a modern society". The Daily Star. Retrieved 10 July 2017.

[4] "Where does Bangladesh stand on homosexuality issue?". Archive.dhakatribune.com. 27 April 2016. Archived from the original on 5 June 2017. Retrieved 10 July 2017.

[5] "The Death Penalty in Bangladesh". Deathpenaltyworldwide.org. Retrieved 10 July 2017.

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