📘 Penal Code, 1860 — Exam-Oriented Notes
(Bangladesh)
🔹 Right of Private Defence (Ss. 101–106)
Section 101 – Private Defence of Body (not extending to death)
• Right exists when assault is not grave enough for S.100.
• Extent: Defender may inflict any harm except death.
Section 102 – Duration of Defence of Body
• Begins: When there is reasonable apprehension of harm.
• Ends: When such apprehension ceases.
Section 103 – Private Defence of Property (extending to death)
• Death may be caused when defending against:
• Robbery
• House-breaking by night
• Mischief by fire (dwelling, worship place, shelter)
• Theft/mischief/trespass causing fear of death or grievous hurt.
• Punishment Element: Lawful killing in these cases is excused.
Section 104 – Private Defence of Property (not extending to death)
• Defender may inflict any harm short of death.
Section 105 – Duration of Defence of Property
• Theft: Continues till offender escapes with property.
• Robbery: While violence continues.
• Mischief/Trespass: While act continues.
• House-breaking by night: While it continues.
Section 106 – Defence against Deadly Assault (even if innocent may suffer)
• Right of defence extends even if exercise may risk harm to innocents, when it is the only way to save
one’s life.
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🔹 Abetment (Ss. 107–114)
Section 107 – Abetment Defined
• Includes instigation, conspiracy, intentional aid.
Section 108 – Abettor
• One who abets is punishable whether offence is committed or not.
Section 109 – Punishment of Abetment
• If no express provision, abettor gets same punishment as the offence abetted.
Section 110 – Different Intention
• Abettor punished according to his own intent, not offender’s.
Section 111 – Different Act Committed
• If probable consequence occurs, abettor liable even if different act was done.
Section 112 – Cumulative Liability
• Abettor liable both for abetted act + result if foreseeable.
Section 113 – Effect Differing from Intention
• If more serious harm caused, abettor still liable if natural consequence.
Section 114 – Presence of Abettor
• If present, abettor treated as principal offender.
🔹 Criminal Conspiracy (Ss. 120A–120B)
Section 120A – Definition
Agreement of 2+ persons to:
- Do an illegal act, or
- Do a legal act by illegal means.
Section 120B – Punishment
1. Serious conspiracies (death/life/≥2 years RI): punished as abettor of offence.
2. Other conspiracies: up to 6 months’ imprisonment, or fine, or both.
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🔹 Offences Against the State (Ss. 121–124A)
Section 121 – Waging War
• Punishment: Death, or life imprisonment + fine.
Section 121A – Conspiracy to Wage War
• Punishment: Life imprisonment, or up to 10 years + fine.
Section 124A – Sedition
• By words/signs/writings brings hatred/disaffection against Govt.
• Punishment: Life imprisonment, or up to 3 years + fine.
🔹 Mutiny (Ss. 131–132)
Section 131 – Abetting Mutiny
• Punishment: Life imprisonment, or up to 10 years + fine.
Section 132 – If Mutiny Occurs
• Punishment: May extend to death.
🔹 Unlawful Assembly & Rioting (Ss. 141–149)
Section 141 – Definition
Assembly of 5+ persons with unlawful common object.
Section 143 – Member of Unlawful Assembly
• Punishment: Up to 6 months + fine.
Section 144 – Armed with Deadly Weapon
• Punishment: Up to 2 years + fine.
Section 145 – Continuing Despite Order
• Punishment: Up to 2 years + fine.
Section 146 – Rioting Defined
• Use of force/violence by unlawful assembly.
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Section 147 – Punishment for Rioting
• Up to 2 years + fine.
Section 148 – Rioting with Deadly Weapon
• Up to 3 years + fine.
Section 149 – Common Object Rule
• Every member guilty of offences done in pursuit of common object.
🔹 Promoting Enmity (S. 153A)
Section 153A – Promoting Enmity Between Groups
• By words/signs/writings promotes hatred between groups.
• Punishment: Up to 5 years + fine.
🔹 Affray (Ss. 159–160)
Section 159 – Definition
• 2+ persons fight in public disturbing peace.
Section 160 – Punishment
• Up to 1 month, or fine Tk 100, or both.
🔹 Corruption by Public Servants (Ss. 161–164)
Section 161 – Public Servant Taking Bribe
• Punishment: Up to 3 years, or fine, or both.
Section 162 – Taking Gratification to Influence
• Punishment: Up to 3 years, or fine, or both.
Section 163 – Taking Gratification for Personal Influence
• Punishment: Up to 1 year, or fine, or both.
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Section 164 – Abetment of Illegal Gratification
• Punishment: Same as offence abetted.
🔹 Election Offence (S. 171E)
Section 171E – Bribery at Elections
• Offering/accepting gratification to induce voting.
• Punishment: Up to 1 year, or fine, or both.
🔹 Justice/Procedure Offences (Ss. 172, 177, 180, 188)
Section 172 – Absconding to Avoid Summons
• Punishment: Up to 1 month, or fine Tk 500, or both.
Section 177 – Furnishing False Information
• Punishment: Up to 6 months + fine.
Section 180 – Refusing to Sign Statement
• Punishment: Up to 3 months + fine.
Section 188 – Disobedience to Public Order
• Punishment: Up to 6 months, or fine Tk 1,000, or both.
🔹 False Evidence & Certificates (Ss. 191–194, 197)
Section 191 – Giving False Evidence
• False statement in court.
Section 192 – Fabricating False Evidence
• Creating false circumstances.
Section 193 – Punishment
• Up to 7 years + fine.
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Section 194 – False Evidence to Convict of Capital Offence
• Punishment: Death, or life imprisonment + fine.
Section 197 – Issuing False Certificate by Public Servant
• Punishment: Up to 3 years + fine.
🔹 False Information & Charges (Ss. 201, 203, 209, 211)
Section 201 – Causing Disappearance of Evidence
• Punishment: Varies with principal offence, up to life imprisonment.
Section 203 – Giving False Information About an Offence
• Punishment: Up to 2 years + fine.
Section 209 – False Claim in Court
• Punishment: Up to 2 years + fine.
Section 211 – False Charge of Offence
• Punishment: Up to 7 years + fine; if charge is capital offence → life imprisonment.
✅ These notes cover all the requested sections, with definitions, scope, and punishments clearly
structured for exam preparation.