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 The Indian Penal Code (IPC) was the official criminal code of the Republic of India, inherited from British India after independence. It remained in force until it was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) in December 2023 ...

, 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 The British Empire comprised the dominions, Crown colony, colonies, protectorates, League of Nations mandate, mandates, and other Dependent territory, territories ruled or administered by the United Kingdom and its predecessor states. It bega ...

in South and Southeast Asia, including

Singapore Singapore, officially the Republic of Singapore, is an island country and city-state in Southeast Asia. The country's territory comprises one main island, 63 satellite islands and islets, and one outlying islet. It is about one degree ...

, India,

Pakistan Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country# ...

, Sri Lanka and

Malaysia Malaysia is a country in Southeast Asia. Featuring the Tanjung Piai, southernmost point of continental Eurasia, it is a federation, federal constitutional monarchy consisting of States and federal territories of Malaysia, 13 states and thre ...

. 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 In the history of the United Kingdom and the British Empire, the Victorian era was the reign of Queen Victoria, from 20 June 1837 until her death on 22 January 1901. Slightly different definitions are sometimes used. The era followed the ...

. While its objective is to provide a general penal framework for Bangladesh, the Parliament has also enacted various penal statutes to address specific areas of criminal law.

History

The Code was drafted based on the recommendations of the First Law Commission of British India and was presented to the

Governor of Bengal In 1644, Gabriel Boughton procured privileges for the East India Company which permitted them to build a factory at Hooghly district, Hughli, without fortifications. Various chief agents, Governors and presidents were appointed to look after co ...

in 1837. Although primarily based on Victorian English law, it also incorporated elements from the

Napoleonic Code The Napoleonic Code (), officially the Civil Code of the French (; simply referred to as ), is the French civil code established during the French Consulate in 1804 and still in force in France, although heavily and frequently amended since i ...

and the

Louisiana Civil Code The ''Louisiana Civil Code'' (LCC) constitutes the core of private law in the State of Louisiana. The Louisiana Civil Code is based on a more diverse set of sources than the laws of the other 49 states of the United States: substantive law between ...

of 1825. The Code was adopted on 6 October 1860. After the

Partition of British India The partition of India in 1947 was the division of British India into two independent dominion states, the Union of India and Dominion of Pakistan. The Union of India is today the Republic of India, and the Dominion of Pakistan is the Islam ...

, when

East Bengal East Bengal (; ''Purbô Bangla/Purbôbongo'') was the eastern province of the Dominion of Pakistan, which covered the territory of modern-day Bangladesh. It consisted of the eastern portion of the Bengal region, and existed from 1947 until 195 ...

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

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

Sedition

Sedition Sedition is overt conduct, such as speech or organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, establ ...

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.

Section 309

Section 309 criminalizes suicide, which hinders prevention, seeking support and counsel, as well as proper reporting.

Section 377

Section 377 criminalizes homosexuality, which has been criticized by the

LGBT rights Rights affecting lesbian, Gay men, gay, Bisexuality, bisexual, transgender and queer (LGBTQ) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the Capital punishmen ...

movement.

Capital punishment

Capital punishment Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence (law), sentence ordering that an offender b ...

remains legal in Bangladesh, although other common law countries like the United Kingdom and

Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...

have abolished the death penalty.

References

{{reflist Law of Bangladesh Criminal codes