The Penal Code 1860
is the earliest and the main body of laws which deals with different kinds of
offences and punishments. Offences under the Code have been classified as those
(i)
against the State;
(ii)
related to the Army, Navy and the Air
Force;
(iii)
against the public tranquility;
(iv)
by or related to the public servants;
(v)
related to elections;
(vi)
for contempt of the lawful authority of
public servants;
(vii)
of false evidence and against public
justice;
(viii)
related to coins and government stamps;
(ix)
related to weights and measures;
(x)
affecting public health, safety,
convenience, decency and morals;
(xi)
related to religion;
(xii)
Affecting the human body which have
further been sub-divided into offences affecting life, and causing miscarriage,
kidnapping, rape, dacoity, or related to marriage, criminal breach of trust and
so on.
The offences against
the State mainly consist of waging or attempting to wage war or abetting waging
of war against Bangladesh; conspiring to commit the said offences; collecting
arms with the intention of waging war against Bangladesh; sedition; waging war
against any neighboring power in alliance with Bangladesh; and assaulting the
President of Bangladesh or government with intent to restrain or compel
exercise of any lawful power. Offences relating to Army, Navy and Air Force
mainly consist of abatement of mutiny; attempting to seduce a soldier, sailor
or airman from his duty; abatement of assault by soldier, sailor or airman on
his superior officer when in execution of his office; abatement of desertion of
soldier, sailor or airman; harbouring deserter and wearing garb or carrying
token used by soldier, sailor or airman. Offences related to religion consist
of injuring or defiling place of worship; deliberate and malicious acts
intended to outrage religious feelings of any class by insulting its religion;
disturbing religious assembly; trespassing in any place of worship or any
burial place or cremation ground with intent to insult the religion of any
person, and uttering words or sound with intent to wound religious feelings of
another person.
Rape of a woman,
kidnapping, theft, extortion, robbery, dacoity, dishonest misappropriation of
property, criminal breach of trust etc are all punishable under Penal laws. At
the same time offences related to culpable homicide amounting to murder,
fraudulent execution of deed of transfer containing false statement, killing or
maiming cattle, house-trespass are crimes which are also subject to punishment.
The gravity of an
offence provides for imposing death penalty, imprisonment for life, forfeiture
of property, fine and whipping as the case may be. Death sentence is the
highest form of punishment under the Penal Code and may be imposed for treason,
abatement of mutiny, perjury resulting in an innocent person being convicted
and executed, murder, abatement of suicide of a minor or insane or intoxicated
person, attempt to murder by a person under sentence of imprisonment for life,
kidnapping or abducting a person under the age of ten and murder while
committing dacoity. Imprisonment for life may be imposed for the above offences
and some other grave offences. Imprisonment for various terms may be imposed
with fine or without fine for the remaining offences.
In case of some
heinous offences court may impose fine only instead of imposing sentence of
imprisonment. For some heinous offences court may impose sentence of whipping
with imprisonment. In some of the offences court may order for forfeiture of
the property of the accused. The government may commute a sentence of death
including an imprisonment for life to imprisonment of either description for a
term not exceeding twenty years. The President may grant pardons, reprieve
respites or remissions of sentence.
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