Penal Code: Schematic Design & Discussion
The Penal Code, 1860 came into force in 1st of January, 1862. It has 511 sections. We may break
them down into 2 main parts of which the first part deals with the General Provisions and the
other deals with the Specific Offences. A tree is going to be shown form which we may get the
brief outline of the whole Penal Code.
• Extra-territorial Jurisdiction:
According to section:4, Penal Code will be applicable for an offence committed by-
a. Any citizen of Bangladesh in any place without and beyond Bangladesh,
b. A foreigner in any place within Bangladesh,
c. Any person on any ship or aircraft registered in Bangladesh wherever it
may be.
This act will not affect any Act for punishing mutiny and desertion of officers, soldiers,
sailors or airmen in the service of the Republic or of any special or local law.
OFFENCES AGAINST THE STATE
Classification of offences against the State
1. Offences against Bangladesh
2. Offences concerning the relations of Bangladesh with other Governments
3. Offences concerning custody of prisoners of State or of War
Offences by or Relating to Public Servants
• Bribery or taking gratification
The Offence of bribery is defined in section 161 of the Penal Code. In this section it is
termed "taking gratification". It lays down that whoever, being or expecting to be a public
servant,
(a) accepts or obtains, or agrees to accept, or attempts to obtain from any person, for
himself or for any other person any gratification whatever, other than legal remuneration
(b) as a motive or reward-
(i) for doing or forbearing to do any official act
Punishment: Punishment with imprisonment of either description for a term which may extend to
three years, or with fine, or with both.
Offences relating to public servants
The offences relating to public servants made punishable under the Penal Code are:
1. Taking gratification in order to influence a public servant by corrupt or illegal means.
Punishment: Imprisonment of either description for three years, or with fine, or both.
2. Taking gratification for the exercise of personal influence with public servant.
Punishment: Simple imprisonment of one year or fine or both.
Offences Relating to Elections
This chapter contains 9 sections. It may be divided into two parts:
• Penalty of Offences against Election
• Definitions of terms
• Electoral Right
• Bribery at an election
• Undue influence at elections
Chapter X
Of Contempt’s of the Lawful Authority of Public Servants
1. Willful omission or evasion of the performance of a public duty (Section 172-176, 187)
2. Willful refusal to do certain acts (Section 178-180)
3. Giving false information to a public servant (Section 177, 181, 182)
4. Illegal purchase of or bid for property (Section 185)
5. Obstructing or disobeying a public servant (Section 183-184, 186-188)
6. Threat of injury (Section 189-190)
1. Willful omission or evasion of the performance of a public duty
(a) Absconding to avoid service of summons or other proceeding (Section 172)
Punishment:
1. If the summons or notice or order is to attend in person or by agent, or to produce a document
in a Court of Justice,
2. In other cases, simple imprisonment for a term which may extend to six month, with fine which
may extend to one thousand taka, or with both.
b) Preventing service of summons or other proceeding of preventing publication thereof (Section 173)
Punishment: Same as under section 172
(c) Non attendance in obedience to an order from public servant (Section 174)
Punishment: If the attendance is to be given, simple imprisonment for 6 months or fine of Taka 1000 or
both. In other cases, simple imprisonment for 1 month or fine of Taka 500 or both.
2. Willful refusal to do certain acts
(a) Refusing an oath or affirmation when required by public servant to make it (S. 178)
Punishment:
Simple imprisonment for 6 months or fine of Taka 1000 or both.
(b) Refusing to answer public servant authorized to question (S. 179)
Punishment: Same as under section 178
(c) Refusing to sign statement (S. 180)
Punishment: Simple imprisonment for 3 months or fine of Taka 500 or both.
3. Giving false information to a public servant
(a) Furnishing false information to a public servant by one legally bound to give information. (Section
177)
Punishment: if the information relates to the commission of an offence, or is required for the purpose of
preventing an offence, or the apprehension of an offender, imprisonment of either description for two
years, or fine, or both.
In other cases, simple imprisonment for six months, or with fine one thousand taka, or with both.
(b) False statement on oath to a public servant or other person authorised to administer oath, by a
person legally bound to state the truth on the subject of cases. (Section 181)
Punishment: Imprisonment of either description of 3 years and fine.
(c) Giving false information to any public servant, knowing or believing it to be false.
Punishment: Imprisonment of either description for six months or fine of Taka 1000 or both.
4. Illegal purchase of or bid for property
(a) Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases
or bids for any property on account of any person, whether himself or any other, whom he knows to be
under a legal incapacity to purchase that property at that sale, or bids for such property not intending to
perform the obligations under which he lays himself by such bidding.
Punishment: Imprisonment of either description for a term which may extend to one month, or with
fine which may extend to two hundred taka, or with both.
5. Obstructing or disobeying a public servant
(a) Resistance to the taking of property by the lawful authority of a public servant. (Section 183)
Punushment: Imprisonment of either description for six months, or with fine of 1000 taka, or with both.
(b) Obstructing sale of property offered for sale by authority of public servant (Section 184)
Punishment: Imprisonment of either description for one month, or with fine of 500 taka, or both.
(c) Voluntarily obstructing public servant in discharge of public functions (Section 186)
Punishment: Imprisonment of either description for 3 months, or with fine of 500 taka, or both.
6. Threat of injury
(a) Threat of injury to public servant (Section 189)
Punishment: Simple imprisonment of either description for two years, or with fine, or both.
(b) Threat of injury to induce person to refrain from applying for protection to public servant (Section
189)
Punishment: Imprisonment of either description for a term which may extend to one year, or with fine,
or with both.
8. Offences against justice by public servant
(a) Public servant knowingly disobeying direction of law with intent to save person from punishment or
property from forfeiture (Section 217)
Punishment: Imprisonment for either description for 2 years fine or both
(b) Public servant charged as such public servant, with the preparation of any record or other writing,
framing it incorrectly with intent to cause laws or injury to the public or to any person or to save any
person from legal punishment or any property for forfeiture. (Section 218)
Punishment: Imprisonment for either description for 3 years fine or both
(c) Public servant, in any stage of judicial proceeding, corruptly or maliciously making or pronouncing
any report, order, verdict, or decision knowing that it is contrary to law (Section 220)
Punishment: Imprisonment for either description for 7 years fine or both