PENAL LAW | ||||
ABOUT PENAL LAW1. CULPABLE
HOMICIDE
Whoever cause death by doing an act with the intention of causing death, or
with the intention of causing such bodily injury as is likely to cause death,
or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. Illustration
A’ lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. ‘Z’ believing the ground to be firm, treads on it, falls in and is killed. ‘A’ has committed the offence of culpable homicide. 2. MURDER Except in the cases
hereinafter excepted, culpable homicide is murder, if the act by which the
death is caused is done with the intention of causing death, or- 2ndly. If it is done with the intention of
causing such bodily injury as the offender knows to be likely to cause the
death of the person to whom the harm is caused, or- 3rdly. If it is done with the intention of
causing bodily injury to any person and the bodily injury intended to be
inflicted is sufficient in the ordinary course of nature to cause death, or- 4thly. If the person committing the act knows
that it is so imminently dangerous that it must, in all probability, cause
death or such bodily injury as is likely to cause death, and commits such act
without any excuse for incurring the risk of causing death or such injury as
aforesaid. Exception 1. Culpable homicide is not murder if the offender, whilst deprived of
the power of self-control by grave and sudden provocation, cause the death of
the person who gave the provocation or causes the death of any other person by
mistake or accident. The above
exception is subject to the following provisions:- First. That provocation is not sought or
voluntarily provoked by the offender as an excuse for killing or doing harm to
any person. Secondly. That the provocation is not
given by anything done in obedience to the law, or by a public servant in a
lawful exercise of the powers of such public servant. Thirdly. That the provocation is not given by
anything done in the lawful exercise of the right of private defense. Illustration
‘A’, under the influence of passion excited by a provocation given by ‘Z’, intentionally kills ‘Y’, ‘Z’s child. This is murder inasmuch as the child did not given the provocation, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation. Exception 2. Culpable homicide is not murder if the offender, in the exercise in
good faith of the right of private defense of person or property, exceeds the
power given to him by law and causes the death of the person against whom he is
exercising such right of defense without premeditation, and without any
intention of doing more harm than is necessary for the purpose of such defense. Illustration
‘Z’ attempts horsewhip ‘A’, not in such a manner as to cause grievous hurt to ‘A’. ‘A’ draws out a pistol. ‘Z’ persists in the assault. A believing in good faith that he can by no other means prevent himself from being horsewhipped shoots ‘Z’ dead. ‘A’ has not committed murder, but only culpable homicide. Exception 3. Culpable homicide is not murder if the offender, being a public
servant or aiding a public servant acting for the advancement of public
justice, exceeds the powers given to him by law, and causes death by doing an
act which he, in good faith, believes to be lawful and necessary for the due
discharge of his duty as such public servant and without ill-will towards the
person whose death is caused. Exception 4. Culpable homicide is not murder if it is committed without
premeditation in a sudden fight, in the heat of passion upon a sudden a quarrel
and without the offender’s having taken an undue advantage or acted in a cruel
or unusual manner. Exception 5. Culpable homicide is not murder when the person whose death is
caused, being above the age of eighteen years, suffers death or takes the risk
of death with his own consent. 3. ATTEMPT TO
MURDER Whoever does any act with such intention or knowledge, and under
such circumstances that, if he by that act caused death, he would be guilty of
murder. Illustration
‘A’ shoots at ‘Z’ with intention to kill him, under such circumstances that, if death ensued, ‘A’ is liable to punish for attempt to murder. 4. ATTEMPT TO
COMMIT SUICIDE Whoever attempts to commit suicide and does any act towards the
commission of such offence shall be punished. 5. HURT Whoever causes bodily pain, disease or infirmity to any
person is said to cause hurt. 6. GRIEVOUS HURT The following may be
defined as grievous hurt First- Emasculation. Secondly- Permanent privation of the sight of either eye. Thirdly- Permanent privation of the hearing of either eye. Fourthly- Permanent privation of any member or joint. Fifthly- Destruction or permanent impairing of the powers of any
member or joint. Sixthly- Permanent disfiguration of the head or face. Seventhly- Fracture or dislocation of a bone or tooth. Eighthly- Any hurt which endangers life or which cause the sufferer
to be during the space of twenty days in severe bodily pain, or unable to
follow his ordinary pursuits. 7. KIDNAPPING Whoever conveys any
person beyond the limits of Bangladesh without the consent of that person, or
of some person legally authorized to consent on behalf of that person, is said
to kidnap that person from Bangladesh. Whoever takes or entices any minor male or female or any
person of unsound mind, without the consent of such guardian is said to kidnap
from lawful guardianship. 8. RAPE A man is said to commit ‘rape’ who has
sexual intercourse with a woman (1)
Against her will; or (2)
Without her consent; or (3)
With her consent when the
consent has been obtained by putting her in fear of death or of hurt; or (4)
With her consent, when the man
knows that he is not her husband and that her consent is given because she
believes that he is another man to whom she is married; or (5)
With or without her consent
when she is under sixteen years of age. 9. THEFT: Whoever,
intending to take dishonestly any moveable property out of the possession of
any person without that person’s consent, moves that property in order to such
taking, is to commit theft. Illustration
‘A’ cuts down a tree on ‘Z’s ground, with the intention of dishonestly taking the tree out of ‘Z’s possession without ‘Z’s consent. Here, as soon as ‘A’ has severed the tree in order to such taking, he has committed theft. 10. EXTORTION: Whoever intentionally put any person in fear of any injury
and dishonestly induces the person to put fear or deliver any property or
valuable security, commits extortion. Illustration
‘A’ threatens to publish a defamatory libel concerning ‘Z’ to give him money. ‘A’ has committed extortion. 11. DACOITY: When five or more persons conjointly commit or attempt to
commit robbery, or where the whole number of persons conjointly committing or
attempting to commit robbery, and persons present aiding such commission or
attempt, amount to five or more, every person so committing, attempting or
aiding, is said to commit dacoity. 12. CRIMINAL
MISAPPROPRIATION: Whoever dishonestly misappropriates or converts to his own
use any moveable property, shall be punished with imprisonment of either
description for a term which extend to two years, or with fine, or with both. Illustration
a.‘A’ finds a rupee on the high road, not knowing to whom the rupee belongs. ‘A’ picks up the rupee. Here ‘A’ has not committed the offence of criminal misappropriation. b. ‘A’ finds a letter on the road, containing a bank note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of this offence. 13. CRIMINAL BREACH
OF TRUST: Whoever, being in any manner entrusted with any dominion over
property, dishonestly misappropriates or converts to his own use that property,
or dishonestly uses or disposes of that property in violation of any direction
of law prescribing the mode in which such trust is to be discharged, or of any
legal contract, express or implied, which he has made touching the discharge of
such trust, or willfully suffers any other person so to do, commits criminal
breach of trust. Illustration
‘A’ being executor to the will of a deceased person, dishonestly disobeys the law, which directs him to divide the effects according to the will, and appropriates them to his own use. ‘A’ has committed the offence of criminal breach of trust. 14. RECEIVING STOLEN
PROPERTY
Property, the possession whereof has been transferred by theft, or by
extortion, or by robbery, and property which has been criminally
misappropriated or in respect of which criminal breach of trust has been
committed, is designated as “stolen property” whether the transfer has been
made, or the misappropriation or breach of trust has been committed, within or
without Bangladesh. But, if such property subsequently comes into the possession
of a person legally entitled to the possession thereof, it then ceases to be
stolen property. 15. CHEATING: Whoever, by
deceiving any person, fraudulently or dishonestly induces the person to so
deceived to deliver any property to any person, or to consent that any person
shall retain any property, or intentionally induces the person so deceived to
do or omit anything which he would not do or omit he were not so deceived, and
which act or omission causes or is likely to cause damage or harm to that
person in body, mind, reputation or property, is said to “cheat”. Illustration
‘A’ , by falsely pretending to be in the Civil Service, intentionally deceives ‘Z’, and thus dishonestly induces ‘Z’ to let him have on credit goods for which does not mean to pay. ‘A’ cheats. 15. FORGERY: Whoever
makes any false document or part of a document, with intent to cause damage or
injury to the public or to any person, or to support any claim or title, or to
cause any person to part with property, or to enter into any express or implied
contract, or with intent to commit fraud or that fraud may be committed,
commits forgery. Illustration
‘A’ has a letter of credit upon ‘B’ for Tk. 10,000
written by ‘Z’. ‘A’ in order to defraud ‘B’, adds a cipher to the 10,000 and
makes the sum 1,00,000 intending that it may be believed by ‘B’ that ‘Z’ so
wrote the letter. ‘A’ committed forgery. |
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