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{{Short description|Penal code of the People's Republic of Bangladesh}} | {{Short description|Penal code of the People's Republic of Bangladesh}} | ||
{{Use dmy dates|date=December 2022}} | {{Use dmy dates|date=December 2022}} | ||
{{Infobox legislation | {{Infobox legislation | ||
| short_title = The Penal Code | | short_title = The Penal Code, 1860 | ||
| imagealt = | | imagealt = | ||
| caption = | | caption = | ||
| citation = [http://bdlaws.minlaw.gov.bd/act-details-11.html Act No. XLV of 1860] | | citation = [http://bdlaws.minlaw.gov.bd/act-details-11.html Act No. XLV of 1860] | ||
| territorial_extent = {{flag|Bangladesh}} | | territorial_extent = {{flag|Bangladesh}} | ||
| bill = | | bill = | ||
| bill_citation = | | bill_citation = | ||
| bill_date = | | bill_date = | ||
| introduced_by = | | introduced_by = | ||
| 1st_reading = | | 1st_reading = | ||
| 2nd_reading = | | 2nd_reading = | ||
| 3rd_reading = | | 3rd_reading = | ||
| white_paper = | | white_paper = | ||
| committee_report = [[Law Commission of Bangladesh|First Law Commission]] | | committee_report = [[Law Commission of Bangladesh|First Law Commission]] | ||
| amendments = | | amendments = | ||
| repeals = | | repeals = | ||
| related_legislation = | | related_legislation = | ||
| summary = | | summary = | ||
| keywords = | | keywords = | ||
| status = amended | | status = amended | ||
}} | }} | ||
The '''Penal Code of Bangladesh''' is the | 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 of India|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 [[Penal Code (Singapore)|Singapore]], India, [[Pakistan Penal Code|Pakistan]], Sri Lanka and [[Penal Code (Malaysia)|Malaysia]]. | ||
The [[Parliament of Bangladesh]] has amended the | The [[Parliament of Bangladesh]] has amended the Penal Code on several occasions, the most recent amendment occurring in 2004. | ||
The | The Code is a legacy of the [[Victorian era]]. While its objective is to provide a general penal framework for Bangladesh,<ref>{{cite web|url=http://bdlaws.minlaw.gov.bd/print_sections_all.php?id=11 |title=Penal Code, 1860 (Act No. XLV of 1860) |website=Bdlaws.minlaw.gov.bd |date=1949-08-12 |accessdate=2017-07-10}} {{PD-notice}}</ref> the Parliament has also enacted various penal statutes to address specific areas of criminal law. | ||
==History== | ==History== | ||
The | The Code was drafted on the recommendations of the [[Law Commission of India|First Law Commission]] of British India and 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.<ref>{{cite web|url=http://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=92056&p_classification=01.04 |title=Bangladesh - The Penal Code (Act No. XLV of 1860) |website=Ilo.org |date=2013-01-17 |accessdate=2017-07-10}}</ref> 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, 1860. | ||
==Chapters== | ==Chapters== | ||
The following includes the chapters of the | The following includes the chapters of the Code: | ||
*Chapter I - Introduction | *Chapter I - Introduction | ||
| Line 64: | Line 63: | ||
==Controversial issues== | ==Controversial issues== | ||
===Sedition=== | ===Sedition=== | ||
Sedition and seditious libel | [[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.<ref>{{cite news|author=M Qaium |url=http://www.thedailystar.net/op-ed/sedition-too-old-fashioned-modern-society-783640 |title=Sedition is too old fashioned in a modern society |newspaper=The Daily Star |date=2016-02-29 |accessdate=2017-07-10}}</ref> | ||
===Section 309=== | ===Section 309=== | ||
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===Capital punishment=== | ===Capital punishment=== | ||
{{See also|Capital punishment in Bangladesh}} | {{See also|Capital punishment in Bangladesh}} | ||
Capital punishment remains legal in Bangladesh, although other common law countries like the United Kingdom and [[Canada]] have abolished the death penalty.<ref>{{cite web|url=https://www.deathpenaltyworldwide.org/country-search-post.cfm?country=bangladesh |title=The Death Penalty in Bangladesh |website=Deathpenaltyworldwide.org |date= |accessdate=2017-07-10}}</ref> | [[Capital punishment]] remains legal in Bangladesh, although other common law countries like the United Kingdom and [[Canada]] have abolished the death penalty.<ref>{{cite web |url=https://www.deathpenaltyworldwide.org/country-search-post.cfm?country=bangladesh |title=The Death Penalty in Bangladesh |website=Deathpenaltyworldwide.org |date= |accessdate=2017-07-10 |archive-date=13 May 2017 |archive-url=https://web.archive.org/web/20170513114233/http://www.deathpenaltyworldwide.org/country-search-post.cfm?country=Bangladesh |url-status=dead }}</ref> | ||
==See also== | ==See also== | ||
| Line 81: | Line 80: | ||
==References== | ==References== | ||
{{reflist}} | {{reflist}} | ||
[[Category:Law of Bangladesh]] | [[Category:Law of Bangladesh]] | ||
[[Category:Criminal codes]] | [[Category:Criminal codes]] | ||
Latest revision as of 13:01, 23 October 2025
| 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[edit | edit source]
The Code was drafted on the recommendations of the First Law Commission of British India and 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, 1860.
Chapters[edit | edit source]
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[edit | edit source]
Sedition[edit | edit source]
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[edit | edit source]
Section 309 criminalizes suicide, which hinders prevention, seeking support and counsel, as well as proper reporting.
Section 377[edit | edit source]
Section 377 criminalizes homosexuality, which has been criticized by the LGBT rights movement.[4]
Capital punishment[edit | edit source]
Capital punishment remains legal in Bangladesh, although other common law countries like the United Kingdom and Canada have abolished the death penalty.[5]
See also[edit | edit source]
References[edit | edit source]
- ↑ "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. Archived from the original on 13 May 2017. Retrieved 10 July 2017.