Legal Resources

Constitutions

Constitutions of Burma

Burma gained independence from Britain in 1948. Since then it has had two constitutions, the first proclaimed in 1947 and the second in 1974.

2008 Constitution

Analysis on SPDC's 2008 Constitution

Attachment အရွယ်အစား
Analysis on SPDC's 2008 Constitution.pdf 70.07 ကီလိုဘိုက်

NLD Interim Constitution, 1990

NLD Interim Constitution, Amendments to the 1947 Original Law of the
Constitution, 28 July 1990

In exercise of the authority of the 1947 Constitution, Article (11), Section (702), this People's Assembly (Pyithu Hluttaw) hereby abrogate, alter, supplement, the Articles shown below, which are severely amended.

Article - (1)
Original Text

Section 1. Accepted original Section without amendments.
Section 2. Principle in original Section abrogated and substituted by current State/Township (14).
Section 3. Accepted original Section.
Section 4. Accepted original Section.
Original Sections 5, 6, 7, being in connection with formation of States, has been annulled since it is no more necessary.
Phraseology in original Section (8) is annulled since those are already a component of Section (4).
Article - (2)
Original Rights

Section 5. With omission of the phrase – "that of the respective member of the Union" – in Section (9) original principles are accepted.
Citizenship

Section 6. Accepted original Section (10) in entirety.
Section 7. Original Section (11) is annulled and resubstituted with terms consistent with current situation and to comply with the Myanmar Citizenship Laws.
Section 8. Original Section (12) accepted in entirety.
Rights of Information

Section 9. Original Section (13) accepted in entirety.
Section 10. Original Section (14) accepted in entirety.
Section 11. Original Section (15) accepted in entirety.
Rights of Freedoms

Section 12. Original Section (16) accepted in entirety.
Section 13. In original Section (17) the phrase – "for Public Order" to be resubstituted with "accepted up to".
Section 14. While accepting original Section (18), the proviso therein is considered inappropriate and accordingly deleted.
Section 15. Original Section (19) and all its sub-sections accepted.
Rights connected with Religion

Section 16. In original Section (20) the phrase – "for Public Order" to be replaced with "for peace and prosperity of the People" and accepted as in the original.
Section 17. Original Section (24) accepted in entirety.
Cultural and Education Rights

Section 18. Original Section (22) accepted in entirety.
Economical Rights

Section 19. Although original Section (23) and sub-sections 1, 2, 3, 4, are accepted as in the original, sub-section 5 is annulled since it will not be in consonance with acceptable policies to be practised.
Rights in Criminal Law

Section 20. Original Section (24) accepted in entirety.
Defensible and Attainable Rights under the Constitution

Section 21. Original Section (25) accepted in entirety.
Section 22. Original Section (26) accepted in entirety.
Section 23. Original Section (27) accepted in entirety.
Section 24. Original Section (28) is accepted with the substitution of the phrase – "for Public Order" with "for peace and prosperity of the People".
Section 25. Original Section (29) accepted in entirety.
Article – (3)

Duties to the nation by Peasants and Workers:

Provisions in original Sections 30, 31 of the law being primary policies of the nation, it is considered that these should be separately omitted so that compliance to the League's policy, as well as the wishes of the messes can be obtained.

References tot he Nation's Doctrine

Section 26. Original Section (32) accepted in entirety.
Section 27. Original Section (33) accepted in entirety.
Section 28. Original Section (34) accepted in entirety.
Section 29. Original Section (35) accepted in entirety.
Section 30. Original Section (36) accepted in entirety.
Section 31. Original Section 37(2), sub-section (1) is accepted as in the original – while in sub-section (2) the words – "child-care day departments" – is corrected to read "Day child-care departments".
Section 32. Original Section (38) accepted in entirety.
Section 33. Original Section (39) accepted in entirety.
Section 34. Original Section (40) accepted in entirety.
Section 35. Original Section (41) is accepted, with the concluding word – "schemes" substituted by – "undertakings".
Section 36. In Original Section (42) the phrase – "co-operatives and similar economic organisations must be given more privileges" – is annulled and remaining laws accepted.
Section 37. Original Section (43) accepted in entirety.
Section 38. In original Section (44), sub-section (1) and (2) – the phrase – "also individual business entrepreneurs" – is inserted, and accepted as in the original.
Article – (4)
President of the Nation

Section 39. Original Section (45) is accepted, with supplementation of the phrase – "must also be the Commander-in-Chief of all the armed forces, including Army, Navy, and Air Forces".
Section 40. Original Section (46) is accepted with deletion of the phrase – "two chambers" from – "two chambers of Hluttaw".
Section 41. In original Section (47) the words "one of the Chambers" – is deleted.
Section 42. Original Section (48) is accepted.
Section 43. Original Section (49) is accepted.
Section 44. Original Section (50) is accepted.
Section 45. Original Section (51) is accepted with the words "two chambers" deleted.
Section (52) is annulled since it is a restriction of the President's authority.
Section 46. Section (53) accepted in entirety.
Section 47. In Section (54), sub-sections 1, 2, 3, 4, accepted as in original.
In section (54), sub-section 5, the phrase – "the other chamber of the Hluttaw" – is amended by substitution of – "by the full bench of the High Court".
Section (54), sub-section 6, accepted as in original.
In Section (54), sub-section 7, the phrase – "party investigation the allegation or the party which directs it" is annulled.
Section 48. Original Section (55) accepted entirety.
Section 49. Original Section (56) accepted entirety.
Section 50. Original Section (57) accepted in entirety.
Section 51. Original Section (58) – the words "two chambers" – are annulled.
Section 52. Original Section (59) is annulled and "usages of phrase" have been altered and rewritten.
Section 53. Original Section (60) accepted in entirety.
Section 54. Original Section (61) accepted in entirety.
Section 55. Original Section (62), sub-section (1) accepted.
In original Section (62), sub-section (2), in place of Section (54), (49) is substituted, while the last two lines are annulled and substituted by the phrase – "by the full bench of the High Court".
Original Section (62), sub-section 3, accepted as in original.
Section 56. In original Section (63) the three last lines are annulled.
Section 57. Original Section (64), sub-section (1) accepted.
In original Section (64), sub-section (2) the phrase – "President of the Chamber of Nationalities – is deleted, and substituted by – "the nation's Attorney-General".
Sub-section (3) accepted; sub-section (4) annulled, and (5), (6) (7) accepted as in original.
Article – (5)
Parliament
Part – 1.
Various Matters

Section 58. Terminology in original Section (65) have been annulled and amended and substituted by "phrases in conformity with modern trends".
Section 59. In original Section (66) the terms "at least twice within a year" and there must not be a lapse of 8 months" – have been amended and substituted.
Section 60. Original Section (67), sub-sections 1, 2, 3, 4, are accepted, while subsection 5, being law applicable to the Chamber of Nationalities, is annulled.
Section 61. While accepting original Section (68), sub-section 1, without change, original Section (68) sub-section 2, will have the three last lines annulled.
Section 62. While accepting original Section (69), sub-sections 1, 2, 3, as in the original, original Section (69) sub-section 4, being law applicable to the Chamber of Nationalities, is annulled.
Section 63. Original Section (70) accepted without amendments and confirmed.
Section 64. Original Section (71) accepted without amendments and confirmed.
Section 65. Original Section (72) accepted without amendments and confirmed.
Section 66. Since original Section (73), sub-section 1, is law applicable to the two chambers of the Hluttaw, it has been annulled.
Sub-sections 2, 3, are accepted as in original.
Section 67. In original Section (74) the phrase "various Hluttaw" is annulled and remaining terms confirmed.
Section 68. Original Section (75) accepted without amendments and confirmed.
Section 69. Original Section (76) accepted without amendments and confirmed.
Section 70. Original Section (77) accepted without amendments and confirmed.
Section 71. Original Section (78) accepted without amendments and confirmed.
Section 72. Original Section (80), sub-section 1, is accepted, while sub-section 2, is annulled since it is not necessary.
Section 73. Original Section (81) accepted in entirety.
Section 74. Original Section (82) accepted in entirety.
Part 2.
Pyithu Hluttaw (People's Assembly)

Section 75. In original Section (83), sub-section 1, the last three lines, and in subsection 2, 3, 4, are laws which are not necessary in the present time, are annulled.
Original Section (84), sub-section 2, is amended and substituted as Section (75), sub-section 2.
Original Section (84), sub-section 1, and Section (85) require to be consulted in detail with national races, and accordingly omitted.
Section 76. Original Section (86) accepted without amendments and confirmed.
Part 3.
Hluttaw of Nationalities

Omitted because it should be consulted in detail with national races, and, furthermore, it is not necessary in the present situation.

Part 4.
Authority of Parliament

Section 77. Although original Section (90) is accepted, the exception is not necessary and, furthermore, it can damage the authority of the Parliament, and it is accordingly annulled.
Section 78. Original Section (91) is accepted as in original, with the exception only of amendments in the phraseology.
Since original Sections 92, 93, 94, 95, 96, legal principles have still to be consulted comprehensively and undertaken with the national races, these are omitted.
Section 79. While accepting original Section (97), (1), the last three lines of sub-section 2, are annulled since these are not necessary.
Part 5.
Legislation

As part 3 as been omitted, Section 98, 99, 100, 101, 102, are also omitted.

Part 6.
Financial Legislation

Since original Section 103, 104, 105, 106, 107, 108, 109 are principles of law applicable to two chambers of the Hluttaw, are not presently necessary, and accordingly annulled.

Section 80. In original (110) the Phrase "two chambers of the Hluttaw" are deleted, the remaining legal principles are accepted in their entirety.
Signing and Declaration

Section 81. Original Section (111) confirmed in entirety.
Section 82. Original Section (112) confirmed in entirety.
Section 83. Original Section (113) confirmed in entirety.
Article – (7)
Union Government

Section 84. Original Section (114) accepted in entirety.
Section 85. Original Section (115) accepted in entirety.
Section 86. In original Section (116), reference to "six months" of a period in time, to be consonant with the period stipulated for Parliament to be in session, is amended to – "8 months".
Section 87. Original Section (117) accepted in entirety.
Section 88. Original Section (118) accepted in entirety.
Section 89. Original Section (119) accepted in entirety.
Section 90. Original Section (120) accepted in entirety.
Section 91. Original Section (121) accepted in entirety.
Section 92. Original Section (122) accepted in entirety.
Section 93. Original Section (123) accepted in entirety.
Section 94. Original Section (124) accepted in entirety.
Section 95. Original Section (125) accepted in entirety.
Attorney General

Section 96. In original Section (126) (1), the term – "with legal practice in the High Court of 15 years" is inserted and supplemented.
Original Section 126 (2) accepted.
Section 97. Original Section (127) accepted.
Auditor General

Section 98 to 102. Original Section (128) to (132) have been accepted without amendments and confirmed.

Attachment အရွယ်အစား
NLD Interim Constitution.PDF 27.25 ကီလိုဘိုက်

The Constitution of The Socialist Republic of The Union of Burma, 1974

THE CONSTITUTION OF THE UNION OF BURMA (1974)

CONTENTS

PREAMBLE

CHAPTER I
THE STATE

CHAPTER II
BASIC PRINCIPLES

CHAPTER III
STATE STRUCTURE

CHAPTER IV
PYITHU HLUTTAW

CHAPTER V
COUNCIL OF STATE

CHAPTER VI
COUNCIL OF MINISTER

CHAPTER VII
COUNCIL OF PEOPLE'S JUSTICES

CHAPTER VIII
COUNCIL OF PEOPLE'S ATTORNEYS

CHAPTER IX
COUNCIL OF PEOPLE'S INSPECTORS

CHAPTER X
PEOPLE'S COUNCILS

CHAPTER XI
FUNDAMENTAL RIGHTS AN DUTIES OF CITIZENS

CHAPTER XII
ELECTORAL SYSTEM

CHAPTER XIII
RECALL, RESIGNATION AND REPLACEMENT

CHAPTER XIV
STATE FLAG, STATE SEAL, NATIONAL ANTHEM, AND STATE CAPITAL

CHAPTER XV
AMENDMENT OF THE CONSTITUTION

CHAPTER XVI
GENERAL PROVISIONS

PREAMBLE

We, the people residing in the Socialist Republic of the Union of Burma have throughout history lived in harmony and unity sharing joys and sorrows in weal or woe.

The people of the land have endeavoured with perseverance and undaunted courage, for the attainment of independence, displaying throughout their struggles for national liberation against imperialism an intense patriotism, spirit of mutual help and sacrifice and have aspired to Democracy and Socialism.

After attaining independence, the power and influence of the feudalists, landlords, and capitalists had increased and consolidated due to the defects in the old Constitution and the ill-effects of capitalistic parliamentary democracy. The cause of Socialism came under near eclipse.

In order to overcome this deterioration and to build Socialism, the Revolutionary Council of the Union of Burma assumed responsibility as a historical mission, adopted the Burmese Way to Socialism, and also formed the Burma Socialist Programme Party.

The Burma Socialist Programme Party has drafted the Constitution of the Socialist Republic of the Union of Burma, in accordance with the wishes of the people, after extensive and thorough discussions with them, for the purpose of building a peaceful and prosperous socialist society to which the working people of the national races have long aspired.

We, the working people, firmly resolved that we shall-

- faithfully follow the leadership of the Burma Socialist Programme Party,

- build a socialist economic system by the Burmese Way to Socialism, for the country to be peaceful and prosperous, opposing all pernicious systems characterised by exploitation of man by man, and of one national race by another, with a view to promoting justice and goodwill among the people, and to freeing them from apathy and callousness, ignorance, backwardness and want of opportunity,

- build a socialist democratic social order which will afford an opportunity to the people to shape their own destiny, by the Burmese Way to Socialism,

- live forever in harmony unity and racial equality sharing joys and sorrows through weal and woe in the Socialist Republic of the Union of Burma,

- efficiently perform all duties and fulfil all obligations in the interest of the State and for the cause of Socialism while enjoying the democratic rights and personal rights and freedom bestowed by this Constitution,

- constantly strive to promote international peace and friendly relations among the nations,

do adopt this Constitution of the Socialist Republic of the Union of Burma by a nation-wide referendum this IIth day of the waxing of Pyatho of the year 1335 B.E. (the 3rd day of the month of January, 1974 A.D.).

CHAPTER I
THE STATE

Article 1

Burma is a sovereign independent Socialist State of the working people. The State shall be known as The Socialist Republic of the Union of Burma.

Article 2

The Socialist Republic of the Union of Burma is a State wherein various national races make their homes together.

Article 3

The territory of the State shall be the land, sea and airspace which constitute its territory on the day this Constitution is adopted.

Article 4

National sovereignty shall reside in the entire State.

CHAPTER II
BASIC PRINCIPLES

Article 5

A Socialist society is the goal of the State.

Article 6

The economic system of the State is a Socialist economic system.

Article 7

Socialist democracy is the basis of the State structure.

Article 8

There shall be no exploitation of man by man nor of one national race by another in the State.

Article 9

The State safeguards the interests of the working people whose strength is based on peasants and workers.

Article 10

The State shall cultivate and promote the all-round physical, intellectual and moral development of youth.

Article 11

The State shall adopt a single-party system. The Burma Socialist Programme Party is the sole political party and it shall lead the State.

Article 12

The sovereign powers of the State, legislative, executive and judicial reside in the people, comprising all national races whose strength is based on peasants and workers. The Pyithu Hluttaw[1]1, elected by citizens having the right to vote, exercises the sovereign power invested in it by the people and delegates to Organs of State Power in accordance with this Constitution.

Article 13

The Pyithu Hluttaw shall exercise the legislative power solely by itself while it may delegate executive and judicial powers to the Central and Local Organs of State Power formed under this Constitution.

Article 14

The Organs of State Power at different levels shall function in accordance with socialist democratic practices which include mutual reporting, mutually offering, accepting and respecting of advice and wishes, collective leadership, collective decision making, abiding by collective decisions, lower organs carrying out the decisions and directives of the higher organs which in turn respect the views submitted by the lower organs.

Article 15

Every citizen has, in accordance with this Constitution and other relevant laws, the right to-

(a) elect, and to be elected as, people's representatives to the Organs of State Power at different levels;

(b) recall elected people's representatives.

Article 16

Every people's representative, elected to any Organ of State Power, shall report back to the electorate on his work and shall also ascertain the wishes of the people.

Article 17

The working people shall have full participation in local matters, so that such matters may be resolved as far as possible, at the local level. They shall be invested with duties and powers.

Article 18

The State-

(a) is the ultimate owner of all natural resources above and below the ground, above and beneath the waters and in the atmosphere, and also of all the lands;

(b) shall develop, extract, exploit and utilise the natural resources in the interest of the working people of all the national races.

Article 19

The State shall nationalise the means of production within the land. Suitable enterprises shall be owned and operated by co-operatives.

Article 20

The State may, in accordance with law, permit such private enterprises which do not undermine the socialist economic system.

Article 21

(a) The State shall be responsible for constantly developing and promoting unity, mutual assistance, amity and mutual respect among the national races.

(b) The national races shall enjoy the freedom to profess their religion, use and develop their language, literature and culture, follow their cherished traditions and customs, provided that the enjoyment of any such freedom does not offend the laws or the public interest.

Article 22

All citizens shall-

(a) be equal before the law, regardless of race, religion, status, or sex;

(b) enjoy equal opportunities;

(c) enjoy the benefits derived from his labour in proportion to his contribution in manual or mental labour;

(d) have the right to inherit according to law.

Article 23

No penal law shall have retrospective effect.

Article 24

Punishments shall not be awarded in violation of human dignity.

Article 25

Laws shall be enacted to enforce the freedoms, powers, rights, duties and restrictions prescribed by this Constitution.

Article 26

The State consistently practises an independent foreign policy, aimed at international peace and friendly relations among nations, and upholds the principles of peaceful co-existence of nations.

Article 27

These basic principles constitute the guidelines for interpreting the provisions of this Constitution and of other laws.

[1] People’s Congress

CHAPTER III
STATE STRUCTURE

Article 28

Local autonomy under central leadership is the system of the State.

Article 29

(a) Local areas of the Socialist Republic of the Union of Burma shall be organised as follows:-

(1) villages are organised as village-tracts;

(2) wards are organised as towns;

(3) village-tracts and towns are organised as townships;

(4) townships are organised as states or divisions;

(5) states and divisions are organised as the State.

(b) The different levels of administrative areas of the Socialist Republic of the Union of Burma shall be as follows:-

(1) wards or village-tracts;

(2) townships;

(3) states or divisions;

(4) the State.

Article 30

(a) Kawthoolei is constituted as Karen State;

(b) Chin Special Division is constituted as Chin State;

(c) Tenasserim Division (I) is constituted as Mon State;

(d) Tenasserim Division (2) is constituted as Tenasserim Division;

(e) Arakan Division is constituted as Arakan State.

Article 31

The States and Divisions of the Socialist Republic of the Union of Burma are as follows:-

(a) Kachin State

(b) Kayah State

(c) Karen State

(d) Chin State

(e) Sagaing Division

(f) Tenasserim Division

(g) Pegu Division

(h) Magwe Division

(i) Mandalay Division

(j) Mon State

(k) Arakan State

(l) Rangoon Division

(m) Shan State

(n) Irrawaddy Division.

Article 32

The Socialist Republic of the Union of Burma has a unicameral Pyithu Hluttaw.

Article 33

The Council of State shall be formed for the purpose of directing, supervising and co-ordinating the works of the Central and Local Organs of State Power and of the Bodies of Public Services in accordance with the laws, rules and resolutions passed by the Pyithu Hluttaw.

Article 34

The following Central Organs of State Power shall be formed to carry out the tasks laid down by the Pyithu Hluttaw:-

(a) The Council of Ministers;

(b) The Council of People's Justices;

(c) The Council of People's Attorneys;

(d) The Council of People's Inspectors.

Article 35

A People's Council shall be formed for each State, Division, Township, Ward and Village-tract.

Article 36

(a) An Executive Committee, a Committee of Judges and an Inspection Committee shall be formed for each State, Division, or Township People's Council.

(b) An Executive Committee and a Committee of Judges shall be formed for each Ward or Village-tract People's Council.

Article 37

Bodies of Public Services, such as bodies of Public Administrative Services, Judicial Services, Law Services and Accounts Services shall be formed where necessary at central and local levels.

Article 38

The Pyithu Hluttaw may, in the interests of the State re-demarcate the territorial limits of the State by a vote of 75 per cent of all the members of the Pyithu Hluttaw.

Article 39

The Pyithu Hluttaw may make laws to-

(a) reconstitute States or Divisions as the need arises, after ascertaining the wishes of the citizens residing in the States or Divisions concerned;

(b) re-demarcate the boundary of any State or Division, as the need arises, after ascertaining the wishes of the citizens residing in the States or Divisions concerned;

(c) change the name of any State or Division, as the need arises, after ascertaining the wishes of citizens residing in the State or Division concerned.

Article 40

The Council of Ministers may constitute or reconstitute villages, village-tracts, wards, towns and townships within a State or Division, as the need arises, in consultation with the People's Councils concerned.

CHAPTER IV
PYITHU HLUTTAW

Article 41

The Pyithu Hluttaw is the highest Organ of state power. It exercises the sovereign powers of the State on behalf of the people.

Article 42

The Pyithu Hluttaw shall be formed with People's representatives elected directly by secret ballot by citizens who have the right to vote under this Constitution and other electoral laws.

Article 43

The regular term of the Pyithu Hluttaw is four years from the date of its first session.

Article 44

The legislative power of the State is vested solely in the Pyithu Hluttaw.

Article 45

The Pyithu Hluttaw may delegate executive and judicial powers of the State to Central and Local Organs of State Power in accordance with this Constitution.

Article 46

The Pyithu Hluttaw shall have the right to enact laws concerning the culture of a national race only with the consent of more than half of all the members of the Pyithu Hluttaw from the State or Division concerned.

Article 47

The Pyithu Hluttaw shall have exclusive power to enact laws relating to State economic plans, annual budget and taxation.

Article 48

The Pyithu Hluttaw shall decide-

(a) important matters only by a vote of 75 per cent of all of its members;

(b) ordinary matters by a vote of more than half of all its members;

(c) as to whether any matter is important or ordinary by a vote of more than half of the members present.

Article 49

The Pyithu Hluttaw may decide to declare war and to make peace only by a vote of 75 per cent of all its members. The Council of State shall convene an emergency session of the Pyithu Hluttaw should circumstances call for a decision while the Pyithu Hluttaw is not in session.

Article 50

The Pyithu Hluttaw may decide to hold a referendum where necessary.

Article 51

Regular sessions of the Pyithu Hluttaw shall be convened at least twice a year. The interval between two sessions shall not exceed eight months. The Council of State may summon a special or an emergency session of the Pyithu Hluttaw where necessary.

Article 52

The Council of State shall convene a session of the Pyithu Hluttaw as soon as possible if 34 per cent of all the members of the Pyithu Hluttaw so requisition.

Article 53

(a) A Panel of Chairmen shall be elected to preside at each regular session of the Pyithu Hluttaw.

(b) The members of the Pyithu Hluttaw from each State or Division shall elect a chairman from among themselves to the Panel of Chairmen. The Pyithu Hluttaw shall give its approval to the election of the chairmen.

(c) Members of the Panel of Chairmen shall preside over the sessions of the Pyithu Hluttaw by rotation.

(d) A member of the Pyithu Hluttaw who is also a member of the Council of State or of any Central Organ of State Power shall not be a member of the Panel of Chairmen. Should a member of the Panel of Chairmen- be elected to the Council of State or to any Central Organ of State Power he shall resign from the Panel.

(e) The Panel of Chairmen shall continue to carry out its duties till a new Panel has been elected at the next regular session of the Pyithu Hluttaw.

(f) The Panel of Chairmen of the Pyithu Hluttaw shall convene a session of the Pyithu Hluttaw if the Council of State fails to comply within 30 days from the date of a requisition made under Article 52.

Article 54

The Pyithu Hluttaw shall-

(a) constitute various Affairs Committees of the Pyithu Hluttaw relating to economic, financial, social, public administrative, legislative, foreign, national races and other affairs, with members elected from among those of the Pyithu Hluttaw;

(b) in accordance with law constitute a National Defence and Security Committee consisting of a suitable number of members of the Council of State and of the Council of Ministers.

Article 55

The Pyithu Hluttaw shall enact a law to enable the Council of People's Inspectors to conduct inspections through committees to be formed by it, to determine whether or not the activities and the work of the following bodies are beneficial to the interests of the people:-

(a) Local Organs of State Power;

(b) Ministries;

(c) Bodies of Public Services; and

(d) such other organisations as may be prescribed by law.

Article 56

The Pyithu Hluttaw may form Commissions and Committees as and when necessary and invest them with duties and powers.

Article 57

The Pyithu Hluttaw shall make laws, rules and procedures for itself and for its Affairs Committees.

Article 58

The Council of State and the Central Organs of State Power shall be responsible to the Pyithu Hluttaw.

Article 59

(a) If need should arise to arrest any member of the Pyithu Hluttaw while it is in session, reliable evidence in support of such need shall be produced before the Panel of Chairmen. No such arrest shall be made without the prior approval of the Panel of Chairmen.

(b) If need should arise to arrest any member of the Pyithu Hluttaw belonging to any organ of the Pyithu Hluttaw, while such organ is in session, reliable evidence in support of such need shall be produced before the Council of State. No such arrest shall be made without the prior approval of the Council of State.

(c) If any member of the Pyithu Hluttaw is arrested while the Pyithu Hluttaw or any organ of the Assembly to which he belongs is not in session the arrest and reliable evidence in support thereof shall be submitted to the Council of State as soon as possible.

Article 60

All deliberations and actions in sessions of the Pyithu Hluttaw or of the Organs of the Pyithu Hluttaw are absolutely privileged. No member shall be liable or punishable therefor, except under the laws, rules and regulations of the Pyithu Hluttaw.

Article 61

When the Pyithu Hluttaw is not in session, the Central Organs of State Power shall reply to written questions submitted by any member of the Pyithu Hluttaw within three weeks from the date of receipt of the question.

Article 62

The Pyithu Hluttaw may be dissolved if 75 per cent of all its members so resolve.

Article 63

The Pyithu Hluttaw may dissolve any People's Council or People's Councils for any of the following reasons:-

(a) violation of any provision of this Constitution,

(b) actions undermining national unity,

(c) endangering the stability of the State,

(d) contravention of any resolution adopted by the Pyithu Hluttaw,

(e) inefficient discharge of duties.

CHAPTER V
COUNCIL OF STATE

Article 64

The Pyithu Hluttaw shall form the Council of State with the following persons elected from among its members:-

(a) one member each elected by the States and Divisions, from among members of the Pyithu Hluttaw of the State or Division concerned,

(b) members elected by the members of the Pyithu Hluttaw from among themselves, equal in number to the number of representatives elected under Clause (a) of this Article, and

(c) the Prime Minister.

Article 65

Members of the Council of State elected under Clauses (a) and (b) of Article 64 shall elect from among themselves the Chairman and the Secretary of the Council of State and shall obtain the approval of the Pyithu Hluttaw for such election.

Article 66

The Chairman of the Council of State shall be the President of the Republic.

Article 67

The term of office of the President is the same as that of the Council of State.

Article 68

The President of the Republic represents the State.

Article 69

If the Chairman of the Council of State is temporarily incapable of performing his duties, the Secretary of the Council of State shall perform the duties of the chairman, in addition to his own.

Article 70

The Council of State shall be responsible for giving effect to the provisions of this Constitution.

Article 71

The Council of State is responsible to the Pyithu Hluttaw. It shall report on its activities to the nearest session of the Pyithu Hluttaw.

Article 72

The term of office of the Council of State is the same as that of the Pyithu Hluttaw. The Council of State shall, on the expiry of the Pyithu Hluttaw, continue to perform its duties and functions till a new Council of State has been duly elected and constituted.

Article 73

The Council of State shall-

(a) convene sessions of the Pyithu Hluttaw in consultation with the Panel of Chairmen of the Pyithu Hluttaw;

(b) interpret the laws other than this Constitution for the purpose of uniformity;

(c) promulgate laws enacted and rules made by the Pyithu Hluttaw;

(d) submit lists of candidates from among the members of the Pyithu Hluttaw to enable the Pyithu Hluttaw to elect the Council of Ministers, the Council of People's Justices, the Council of People's Attorneys and the Council of People's Inspectors. [Members of the Council of State elected under Clauses (a) and (b) of Article 64 shall collectively submit such lists.];

(e) submit a list of candidates from among the members of the Pyithu Hluttaw to enable the Pyithu Hluttaw to elect Affairs Committees of the Pyithu Hluttaw [Members of the Council of State elected under Clauses (a) and (b) of Article 64 shall collectively submit such lists];

(f) make decisions concerning the establishment of diplomatic relations with foreign countries, severance of such relations and appointment and recall of diplomatic representatives;

(g) make decisions concerning the acceptance of credentials of envoys of foreign States or their recall;

(h) make decisions concerning the entering into, ratification or annulment of international treaties, or the withdrawal from such treaties with the approval of the Pyithu Hluttaw;

(i) make decisions concerning international agreements;

(j) appoint or remove Deputy Ministers;

(k) decide on the temporary suspension from duty or attendance of any session of any member of the Pyithu Hluttaw against whom action for high treason may be called for, provided the approval therefor shall be obtained from the nearest session of the Pyithu Hluttaw;

(l) appoint or dismiss heads of Bodies of Public Services;

(m) abrogate the decisions and orders of the Central and Local Organs of State Power if they are not consistent with the law;

(n) institute, confer or revoke titles, honours and awards;

(o) grant pardons or amnesty;

(p) perform other duties and exercise powers invested under this Constitution and other laws.

Article 74

The Council of State may make, if necessary, ordnances having the force of law, on matters other than those prescribed in Article 47, during the interval between sessions of the Pyithu Hluttaw. Such orders shall be submitted for approval to the nearest session of the Pyithu Hluttaw held within go days. If no session of the Pyithu Hluttaw is due within 90 days after the promulgation of such orders, an emergency session of the Pyithu Hluttaw shall be convened and approval obtained. Such orders shall cease to have effect from the date on which they are disapproved by the Pyithu Hluttaw.

Article 75

The Council of State may take suitable military action in the face of aggression against the State and action so taken shall be submitted to an emergency session of the Pyithu Hluttaw. If the situation is such that it is absolutely impossible to convene an emergency session of the Pyithu Hluttaw, the Council of State may continue all necessary military action. Such action shall be submitted for approval to the nearest session of the Pyithu Hluttaw.

Article 76

The Council of State may declare a state of emergency and promulgate martial law in specified areas or in the entire State, if an emergency affecting the defence and security of the State should arise. It may order mobilisation in certain areas or in the entire State. Such measures shall be submitted for approval to the nearest session of the Pyithu Hluttaw.

Article 77

The Council of State may propose to the Pyithu Hluttaw the extension of the term of the Pyithu Hluttaw or of the People's Councils at different levels by six months at a time up to three times, if wars or natural disasters or conditions prejudicial to security render elections impossible though the regular term of the Pyithu Hluttaw or of the People's Councils has expired.

Article 78

If an emergency arises in the entire State, the Council of State shall declare a state of emergency and convene an emergency session of the Pyithu Hluttaw. If a sufficient number of Pyithu Hluttaw members necessary to form a quorum fails to attend, the Council of State may take the following measures:-

(a) the Council of State, the Central Organs of State Power, members of the Pyithu Hluttaw belonging to the Organs of the Pyithu Hluttaw and those members who are able to attend the session shall collectively perform the duties and functions of the Pyithu Hluttaw, and

(b) a session of the Pyithu Hluttaw shall be convened as soon as the situation permits and approval obtained on the measures taken on behalf of the Pyithu Hluttaw.

Article 79

The Council of State shall direct, supervise and co-ordinate the work of the Central and Local Organs of State Power and of the Bodies of Public Services in accordance with the laws, rules and resolutions passed by the Pyithu Hluttaw.

Article 80

The Chairman of the Council of State shall sign the laws, rules and resolutions passed by the Pyithu Hluttaw as well as the orders promulgated by the Council of State. These shall be promulgated in the official Gazette.

Article 81

Bodies of Public Services may be constituted only by decision of the Council of State.

CHAPTER VI
COUNCIL OF MINISTERS

Article 82

The Council of Ministers shall be formed as follows:-

(a) The Pyithu Hluttaw elects members of the Council of Ministers from among those members of the Pyithu Hluttaw whose names are on the list submitted collectively by members of the Council of State elected under Clauses (a) and (b) of Article 64.

(b) The Council of Ministers elects a Prime Minister from among its members.

(c) The Council of Ministers elects Deputy Prime Ministers from among the Ministers nominated by the Prime Minister.

Article 83

The Council of Ministers is the highest executive organ of the State.

Article 84

The Council of Ministers is responsible to the Pyithu Hluttaw when the Pyithu Hluttaw is in session and to the Council of State when the Pyithu Hluttaw is not in session.

Article 85

The Council of Ministers-

(a) shall submit to the Council of State a list of those members of the Pyithu Hluttaw who should be appointed as Deputy Ministers;

(b) may propose to the Council of State the termination of the service of a Deputy Minister, when necessary.

Article 86

(a) The term of office of the Council of Ministers is the same as that of the Pyithu Hluttaw. On the expiry of the term of the Pyithu Hluttaw, the Council of Ministers shall continue to perform its duties until a new Council of Ministers has been elected.

(b) The term of office of Deputy Ministers is the same as that of the Council of Ministers.

Article 87

The Council of Ministers-

(a) is responsible for the management of executive, economic, financial, social, cultural and foreign affairs and national defence on behalf of the Pyithiu Hluttaw in accordance with the principle of collective leadership;

(b) implements the socialist economic system through the economic plan of all the national races;

(c) implements the resolution of the Pyithu Hluttaw and the orders of the Council of State;

(d) directs and co-ordinates the Ministries, organs of public administration and the executive Committees of the People's Council at different levels;

(e) maintains the rule of law and upholds law and order;

(f) perform such other duties as may be laid down by the Pyithu Hluttaw or the Council of State.

Article 88

The Council of Ministers shall draw up, after making necessary adjustments, and submit the following to the Pyithu Hluttaw through the Council of State:-

(a) long-term, short-term and annual economic plans;

(b) annual budgets;

(c) annual reports on the situation of the State;

(d) reports that may be required from time to time.

Article 89

The Council of Ministers shall be solely responsible for the submission of the following bills to the Pyithu Hluttaw through the Council of State for enactment into law:-

(a) bills on economic plans;

(b) bills on budgets;

(c) bills on taxation.

Article 90

Each Minister is responsible for the successful performance of the duties of those organs of public administration with which he is charged at their different levels.

Article 91

A Minister is responsible to the Council of Ministers. A Deputy Minister is responsible to the Minister concerned.

Article 92

The Council of Ministers may, with the approval of the Council of State, constitute such Bodies of Public Administrative Services at different levels as may be necessary and may appoint the required personnel to such Services, according to law.

Article 93

The Council of Ministers shall prescribe the duties and powers of organs of public administration at all levels.

Article 94

Organs of public administration at different levels shall be responsible to those of the next higher level as well as to the People's Councils concerned and be subject to their supervision and inspection.

CHAPTER VII
COUNCIL OF PEOPLE'S JUSTICES

Article 95

(a) The Pyithu Hluttaw elects members of the Council of People's Justices from among those members of the Pyithu Hluttaw whose names are on the list submitted collectively by members of the Council of State elected under Clauses (a) and (b) of Article 64.

(b) Members of the Council of People's Justices shall elect a Chairman from among themselves.

Article 96

(a) The following Judicial Organs shall be constituted in the State-

(1) the Council of People's Justices;

(2) State Judges' Committee, Divisional Judges' Committee;

(3) Township Judges' Committee;

(4) Ward Judges' Committee, Village-tract Judges' Committee;

(b) The Pyithu Hluttaw shall prescribe, by law, the duties and powers of the Judicial Organs.

Article 97

The term of office of the Council of People's Justices shall be the same as that of the Pyithu Hluttaw. The Council of People's Justices shall, on expiry of the term of the Pyithu Hluttaw, continue to perform its duties and functions till a new Council of People's Justices has been elected.

Article 98

Justice shall be administered collectively by each judicial organ.

Article 99

Military justice for members of the People's Defence Services may be administered according to law by a collective organ or by a single Judge.

Article 100

Administrative tribunals may be formed according to Law.

Article 101

Administration of justice shall be based on the following principles-

(a) to protect and safeguard the Socialist system;

(b) to protect and safeguard the interests of the working people;

(c) to administer justice independently according to law;

(d) to educate the public to understand and abide by the law;

(e) to work within the framework of law as far as possible for the settlement of cases between members of the public;

(f) to dispense justice in open court unless otherwise prohibited by law;

(g) to guarantee in all cases the right of defence and the right of appeal under law;

(h) to aim at reforming moral character in meting out punishment to offenders.

Article 102

The Burmese language shall be used in the administration of justice. Languages of the national races concerned may also be used, when necessary, and arrangements shall then be made to make interpreters available.

Article 103

The Council of People's Justices-

(a) is the highest judicial organ of the State and;

(b) shall form the necessary judicial Courts only with its members and administer justice.

Article 104

The Council of People's Justices shall be responsible to the Pyithu Hluttaw and shall report to the Pyithu Hluttaw on the state of the administration of justice. When the Pyithu Hluttaw is not in session, the Council of People's Justices shall be responsible to the Council of State.

Article 105

The Council of People's Justices shall supervise all judicial organs and courts within the State.

Article 106

(a) The State People's Councils, the Divisional People's Councils, the Township People's Councils, the Ward People's Councils and the Village-tract People's Councils shall respectively form the State Judges' Committees, the Divisional Judges' Committees, the Township Judges' Committees, the Ward Judges' Committees and the Village-tract Judges' Committees with persons elected from among the members of the respective People's Councils.

(b) Members of the Judges' Committees elected by the People's Councils at different levels under Clause (a) above shall each elect a Chairman from among their members.

Article 107

(a) The Judges' Committees of the People's Councils at different levels shall form with it members, such Courts as may be necessary.

(b) If the number of members of the Judges' Committees is not sufficient to form Courts under Clause (a) above Courts may be formed with members of the Peoples' Councils concerned under the leadership of a member of the Judges' Committee at the respective level. Other suitable citizens may be included in such Courts only if the number of members of the respective People's Council is not sufficient to form such Courts.

Article 108

The term of office of State Judges' Committees, Divisional Judges' Committees, Township Judges' Committees, Ward Judges' Committees and Village-tract Judges' Committees shall be the same as that of the People's Councils concerned at different levels. On expiry of the term of the People's Councils at different levels, the respective Judges' Committee shall continue to perform its duties and functions until a new Judges' Committee has been elected.

Article 109

The Council of People's Justices may, with the approval of the Council of State, form bodies of judicial services at different levels as may be necessary and appoint the required personnel to such services according to law.

Article 110

The State Judges' Committees, the Divisional Judges' Committees, the Township Judges' Committees, the Ward Judges' Committees and the Village-tract Judges' Committees shall supervise the judicial organs and Courts formed by them and such Judges' Committees shall be responsible to the People's Councils concerned.

CHAPTER VIII
COUNCIL OF PEOPLE'S ATTORNEYS

Article 111

(a) The Pyithu Hluttaw elects members of the Council of People's Attorneys from among those members of the Pyithu Hluttaw whose names are on the list submitted collectively by members of the Council of State elected under Clauses (a) and (b) of Article 64.

(b) Members of the Council of People's Attorneys shall elect a Chairman from among themselves.

Article 112

The Council of People's Attorneys shall-

(a) protect and safeguard the Socialist system;

(b) protect and safeguard the rights and privileges of the working people;

(c) tender legal advice to the Council of State and to the Council of Ministers;

(d) report to the Council of State any acts of the Central and Local Organs of State Power and of the Bodies of Public Services which infringe the law;

(e) undertake any other duties prescribed by law.

Article 113

The term of office of the Council of People's Attorneys is the same as that of the Pyithu Hluttaw. On expiry of the term of the Pyithu Hluttaw, the Council of People's Attorneys shall continue to perform its duties and functions till a new Council of People's Attorneys has been elected.

Article 114

The Council of People's Attorneys shall be responsible to the Pyithu Hluttaw. It shall report to the Pyithu Hluttaw on the progress of its work. It shall be responsible to the Council of State when the Pyithu Hluttaw is not in session.

Article 115

The Council of People's Attorneys may, with the approval of the Council of State, form as necessary, bodies of law services at different levels and shall also appoint the required law officers in accordance with law.

Article 116

The Council of People's Attorneys shall direct and supervise the Central law officers, State and Divisional law officers and Township law officers.

Article 117

The Pyithu Hluttaw shall by law prescribe the duties and powers of the Council of People's Attorneys, the Central, State and Divisional law officers and Township law officers.

CHAPTER IX
COUNCIL OF PEOPLE'S INSPECTORS

Article 118

(a) The Pyithu Hluttaw elects members of the Council of People's Inspectors from among those members of the Pyithu Hluttaw whose names are on the list submitted collectively by members of the Council of State elected under Clauses (a) and (b) of Article 64.

(b) Members of the Council of People's Inspectors shall elect a Chairman from among themselves.

Article 119

The Council of People's Inspectors is the highest organ of inspection of public undertakings.

Article 120

The Council of People's Inspectors shall be responsible to the Pyithu Hluttaw. It shall submit reports to the Pyithu Hluttaw on the progress of inspection of public undertakings. It shall be responsible to the Council of State when the Pyithu Hluttaw is not in session.

Article 121

(a) The Council of People's Inspectors shall conduct inspections to determine whether the activities of the Local Organs of State Power, Ministries, Bodies of Public Services and such other organisations as may be prescribed by law prove beneficial to the interests of the public.

(b) The Council of People's Inspectors shall report on its findings and measures taken by it, to the Pyithu Hluttaw through the Council of State.

Article 122

The term of office of the Council of People's Inspectors is the same as that of the Pyithu Hluttaw. On expiry of the term of the Pyithu Hluttaw, the Council of People's Inspectors shall continue to perform its duties and functions till a new Council of People s Inspectors has been elected.

Article 123

(a) The State, Divisional and Township People's Councils shall form State, Divisional and Township Inspectorates with members of State, Divisional and Township People's Councils concerned.

(b) Members of each Local Inspectorate shall elect a Chairman from among themselves.

(c) The Pyithu Hluttaw shall by law prescribe the duties and powers of Local Inspectorates.

Article 124

Each Local Inspectorate shall be responsible to the People's Council concerned.

Article 125

The Local Inspectorates shall perform the following duties-

(a) reporting to the People's Council concerned on the activities carried out during the interval between the meetings of the People's Council;

(b) implementing tasks and submitting reports under the guidance of the People's Council concerned and of the organs at higher level.

Article 126

The term of office of the Local Inspectorates is the same as that of the People's Councils at different levels. On expiry of the People's Council, the Local Inspectorate shall continue to perform, its duties and functions until a new Local Inspectorate has been elected.

Article 127

The Council of People's Inspectors may, with the approval of the Council of State, form as necessary, Bodies of Accounts Services at different levels and shall also appoint the required accounts officers in accordance with law.

Article 128

The Central Accounts Office shall be responsible to the Council of People's Inspectors and accounts offices at different levels shall be responsible to the Inspectorates concerned and to the accounts offices at the higher level and shall submit to their supervision and inspection.

CHAPTER X
PEOPLE'S COUNCILS

Article 129

The People's Councils at different levels shall be formed in accordance with this Constitution and electoral laws with people's representatives elected directly by secret ballot by citizens having the right to vote in the area concerned.

Article 130

The number of people's representatives constituting the People's Councils at different levels as well as the Organs of the People's Council shall be prescribed by law.

Article 131

The term of office of the People's Councils at different levels shall be the same as the regular term of office of the Pyithu Hluttaw.

Article 132

The People's Councils at different levels are Local Organs of State Power and they shall implement the following tasks within the framework of law:-

(a) economic and social affairs and public administration;

(b) administration of justice;

(c) local security, defence, maintenance of rule of law and order;

(d) solidarity of the national races and preservation, protection and promotion of their traditional cultures;

(e) Protection of the rights of the people in the area concerned and organising and urging them to perform their duties efficiently;

(f) formulation of economic plans and their implementation;

(g) preparation of annual budgets and their co-ordination;

(h) construction, settlement and rural and urban development works;

(i) communications;

(j) directing, supervising and co-ordinating Local Organs of State Power and Bodies of Public Services relating to them;

(k) providing leadership to the people and keeping in close contact with them to obtain their active participation in works of public interest;

(l) preservation, protection and development of natural environment;

(m) co-ordinating the affairs of Local Bodies of Public Services;

(n) Performing such other necessary works of public interest as may be prescribed by law.

Article 133

(a) The People's Councils at different levels shall hold meetings as prescribed by law.

(b) The Members of the Panel of Chairmen shall be elected from among the members of the People's Councils to preside over the regular meetings of the People's Councils at different levels.

(c) The Members of the Panel of Chairmen shall preside over the meetings by rotation.

(d) A member of a People's Council who is also a member of the Executive Committee, the Judges' Committee or the Inspectorate of such People's Council shall not be a member of the Panel of Chairmen of such Council. Should a member of the Panel of Chairmen be elected to the Executive Committee, the Judges' Committee or the Inspectorate he shall resign from the Panel of Chairmen.

(e) The Panel of Chairmen shall continue to perform its duties till the next regular session of the People's Council is convened and a new Panel of Chairmen has been elected therefor.

(f) The Executive Committee of a People's Council shall convene a meeting of the Council if 34 per cent of all the members of the Council so requisition. If the Executive Committee fails to convene the meeting within 30 days from the date of such a requisition, the Panel of Chairmen shall, as soon as possible, convene the meeting.

Article 134

The State People's Council, Divisional People's Council- and Township People's Council shall form People's Council Affairs Committees with members of the People's Council concerned.

Article 135

An Executive Committee shall be elected from among its members by each of the People's Councils at different levels, to implement the tasks decided upon by the People's Council. The members of the Executive Committee shall elect a chairman and a secretary from among themselves. The chairman and the secretary so elected shall concurrently be the Chairman and the Secretary of the People's Council concerned.

Article 136

The Chairman of each of the People's Councils shall concurrently be the Chairman of the State, Division, Township, Ward or Village-tract concerned.

Article 137

The Executive Committee of each of the People's Councils at different levels shall be responsible to the People's Council concerned.

Article 138

The Executive Committees of the People's Councils at different levels shall perform the following duties-

(a) convening meetings of the People's Council in consultation with the Panel of Chairmen;

(b) promulgation and implementation of decisions, orders and directives of the People's Councils;

(c) implementation of the tasks laid down by the Council of Ministers as well as by the People's Councils concerned;

(d) maintaining intercommunications between the Executive Committees at different levels and co-ordinating their activities; directing and supervising of the Executive Committee at the lower level by the one at the higher level;

(e) directing, supervising and co-ordinating the work of Local Bodies of Public Services, co-ordinating the affairs of Public Services;

(f) submitting to the People's Council concerned, reports on the activities carried out during the interval between meetings of the People's Council;

(g) the temporary suspension from duty or attendance of any session of any member of the People's Council against whom action for high treason may be called for, provided that approval therefor shall be obtained from the nearest session of the People's Council.

Article 139

The term of office of the Executive Committees of the People's Councils at different levels is the same as that of the People's Councils. On the expiry of the term of the People's Council, the Executive Committee shall continue to perform its duties and functions till a new Executive Committee has been elected.

Article 140

(a) If need should arise to arrest any member of a People's Council in session, reliable evidence in support of such need shall be produced before the Panel of Chairmen of the People's Council. No arrest shall be made without the prior approval of the Panel of Chairmen of the People's Council concerned.

(b) If need should arise to arrest any member of an organ People's Council, while such organ is in session, reliable evidence in support of such need shall be produced before the Executive Committee concerned. No arrest shall be made without the prior approval of the Executive Committee.

(c) If any member of a People's Council is arrested while the People's Council or any of its organs is not in session, reliable evidence in support of such arrest shall be produced before the Executive Committee as soon as possible.

Article 14I

All deliberations and actions at the meetings of a People's Council and of any of its organs are absolutely privileged. No member shall be liable or punishable therefor except under the laws, rules and bye-laws of the People's Council.

Article 142

Members of the People's Councils shall maintain contacts with their electorate and shall report back on their activities and keep them informed from time to time on questions of policy.

Article 143

Members of the People's Councils shall seek, and submit, the wishes, opinions and proposals of the people to the People's Council concerned and work for their realisation.

Article 144

The People's Councils may report on local matters of importance and submit advice for the benefit of the public, from the lower to the higher levels of the People's Councils, up to the Council of State.

CHAPTER XI
FUNDAMENTAL RIGHTS AN DUTIES OF CITIZENS

Article 145

(a) All persons born of parents both of whom are nationals or the Socialist Republic of the Union of Burma are citizens of the Union.

(b) Persons who are vested with citizenship according to existing laws on the date this Constitution comes into force are also citizens.

Article 146

Citizenship, naturalisation and revocation of citizenship shall be as prescribed by law.

Article 147

All citizens are equal be before the law irrespective of race status official position wealth, culture birth religion or sex.

Article 148

Every citizen shall have the right to-

(a) enjoy the benefits derived from his labour in proportion to is contribution in manual or mental labour and diligence;

(b) freely undertake any vocation permitted by the State within the framework of the Socialist economy;

(c) settle a reside in any place within the State according to the law.

Article 149

Every citizen in sickness shall have the right t to medical treatment as arranged by the State.

Article 150

Every working citizen has the right to-

(a) rest and recreation,

(b) fixed working hours and leave as prescribed by law.

Article 151

(a) Every working citizen shall e enjoy benefits as prescribed by law for injury due to occupational accidents or when disabled or sick or old.

(b) Heirs to any working citizen shall e enjoy benefits as prescribed by law on his death.

Article 152

(a) Every citizen shall have the right to education.

(b) Burmese is the common language Languages of the other national races may also be taught.

(c) Every citizen shall be given bask education which the State prescribes by law as compulsory.

Article 153

(a) Every citizen shall have the right to freely conduct scientific research, work with creativity and initiative to develop the arts, literature and other branches of culture.

(b) Every citizen shall have the right to freely use one's language and literature follow one's customs, culture and traditions and profess the religion of his choice The exercise of this right shall not, however, be to the detriment of national solidarity and the socialist social order which are the basic requirements of the entire Union Any particular action in this respect which might adversely affect the interests of one or several other national races shall be taken only after consulting with and obtaining the consent of those affected.

(c) Notwithstanding the rights enjoyed under Clauses (a) and (b) acts which undermine the unity and solidarity of the national races, national security or the socialist social order arc prohibited. Persons who violate this prohibition shall be punished according to law.

Article 154

(a) Women shall enjoy equal political, economic, social and cultural rights as men.

(b) Mothers, children and expectant mothers shall enjoy those rights prescribed by law.

(c) Children born of citizens shall enjoy equal rights.

(d) Women shall enjoy freedoms and rights guaranteed by law as regards marriage, divorce, partition of property, succession and custody of their children.

Article 155

Every citizen shall have the right-

(a) subject to the provisions of this Constitution, to elect and be elected to the Pyithu Hluttaw and the People's Councils at different levels;

(b) to submit in accordance with law a list of candidates for election as people's representatives to the Pyithu Hluttaw and the People's Councils at different levels;

(c) to recall in accordance with law people's representatives elected to the Pyithu Hluttaw and the People's Councils at different levels.

Article 156

(a) Every citizen shall have the right to freedom of thought, and of conscience, and to freely profess any religion.

(b) Notwithstanding the rights and freedoms granted under Clause (a), the State may enact laws in the interests either of the working people or of law and order.

(c) Religion and religious organisations shall not be used for political purposes. Laws shall be enacted to this effect.

Article 157

Every citizen shall have freedom of speech, expression and publication to the extent that the enjoyment of such freedom is not contrary to the interests of the working people and of socialism.

Article 158

Every citizen shall have the right freely to take part in political, social, class and mass organisations permitted by law and to enjoy freedom of association, assembly and procession. The State shall provide necessary assistance to the people to enable them to enjoy fully these rights and freedoms.

Article 159

(a) Personal freedom and security of every citizen shall be guaranteed.

(b) No citizen shall be placed in custody for more than 24 hours without the sanction of a competent judicial organ.

(c) The State shall be responsible for the protection, in accordance with law, of citizens of the Socialist Republic of the Union of Burma who are abroad.

Article 160

The privacy and security of the home, property, correspondence and other communications of citizens shall be protected by law subject to the provisions of this Constitution.

Article 161

Every citizen's income, savings, property and residential buildings lawfully earned and acquired by his diligence and manual and mental contribution, instruments of production permitted to be owned within the framework of the socialist economic system, and other lawful possessions shall be protected by law.

Article 162

The right of every citizen to inheritance shall be recognised by law.

Article 163

(a) Every citizen shall fully e enjoy the rights provided by this Constitution.

(b) Laws shall be enacted to ensure the most expeditious and effective protection of the rights of citizens and prevent their violation.

Article 164

(a) Every citizen shall have the right to lodge complaints concerning their grievances to the competent organ of State power.

(b) The organ of State power shall investigate the complaints expeditiously and take such action as in be necessary.

Article 165

The right to sue for compensation any member of an organ of State power or any of the organs of State power or any public servant or any body of Public Services for abuse of authority entrusted by the people in violation of the rights or interests of any citizen shall be guaranteed and prescribed by law.

Article 166

Every citizen shall be under a duty in the exercise of his rights and freedom to abstain from undermining any of the following-

(a) the sovereignty and security of the State;

(b) the essence of the socialist system prescribed by this Constitution;

(c) the unity and solidarity of the national races;

(d) public peace and tranquillity;

(e) public morality.

Article 167

(a) Laws may be enacted imposing necessary restriction on the rights and freedoms of citizens to prevent in infringements of the sovereignty and security of the State the essence of the socialist system prescribed by this Cons the unity and solidarity of the national races public pence and tranquillity or public morality.

(b) Such a preventive e law shall provide that the restrictive order shall only be made collectively by a body and that the order shall be regularly reviewed and modified as necessary and that e a aggrieved person shall have the right of appeal to a higher organ.

Article 168

Every citizen shall be under a duty to abide by the provisions of this Constitution as well as the laws work discipline and local rules made for the building of a socialist society and discharge efficiently such duties as may be assigned to him by the State.

Article 169

Every citizen shall be under a duty to protect nationalised property co-operative owned property and public property and strive to the best of his ability for socialist capital accumulation for strengthening the defensive capacity of the State and enhancing the standards of living of the people.

Article 170

Every citizen shall be under a duty to protect and safeguard the independence sovereignty and territorial integrity of the Socialist Republic of the Union of Burma. This is a noble duty.

Article 171

Every citizen shall in accordance with law-

(a) undergo military training, and

(b) undertake military service for the defence of the State.

Article I72

Every citizen shall be under a duty to pay taxes and duties as prescribed by law.

CHAPTER XII
ELECTORAL SYSTEM

Article 173

The basic aims of the electoral system are as follows-

(a) to elect people's representatives who will truly represent the working people;

(b) to secure a broad participation of citizens in the electoral process;

(c) to elect Organs of the Pyithu Hluttaw and of the People's Councils at different levels that will truly represent the working people.

Article 174

(a) Citizens shall directly elect people's representatives by secret ballot.

(b) Every citizen who has attained the age of eighteen years shall have the right to vote.

(c) All citizens who have the right to vote shall enjoy equal voting rights.

Article 175

Constituencies for the election of people's representatives to the Pyithu Hluttaw and the People's Councils at different levels shall be formed as follows-

(a) constituency for Ward or Village-tract People's Council;

(b) constituency for Township People's Council;

(c) constituency for State or Divisional People's Council;

(d) constituency for the Pyithu Hluttaw.

Article 176

(a) Constituencies for the Pyithu Hluttaw shall be delimited on township basis.

(b) Each township shall elect one representative to the Pyithu Hluttaw.

(c) Townships with large populations shall, in addition to the right granted under Clause (b), elect representatives in proportion to population as prescribed by electoral law.

(d) Additional members of the Pyithu Hluttaw shall, by law, be allotted to States or Divisions having less than 10 townships and less than 10 lakhs in population.

Article 177

Persons having the right to vote and possessing the following qualifications are eligible to stand for election as people's representatives to the Pyithu Hluttaw and to the People's Councils at different levels-

(a) being a citizen born of parents both of whom are also citizens;

(b) having attained the age of 20 years to stand for election to Ward, Village-tract and Township People's Councils;

(c) having attained the age of 24 years to stand for election to State and Divisional People's Councils;

(d) having attained the age of 28 years to stand for election to the Pyithu Hluttaw.

Article 178

The following persons shall not have the right to vote or to stand for election-

(a) members of religious orders, and

(b) persons disqualified by electoral law.

Article 179

The Burma Socialist Programme Party, in consultation with mass and class organisations formed under its leadership and with the electorate of the constituency concerned, and respecting their wishes, shall submit lists of candidates for election as people's representatives to the Pyithu Hluttaw and to the People's Councils at different levels.

Article 180

A candidate for election as a people's representative-

(a) shall stand for election to the Pyithu Hluttaw to the People's Council at one level only and

(b) from only one constituency.

Article 181

(a) The elections of people's representatives to the Pyithu Hluttaw and the People's Councils at different levels shall be valid only if more than half of all the persons from the respective constituencies having the right to vote have cast their votes.

(b) A candidate for election as a people's representative shall be duly elected only if he obtains more than half of the votes cast in an election found valid under Clause (a) above.

Article 182

(a) The Pyithu Hluttaw shall form an Election Commission six months before the expiry of the terms of the Pyithu Hluttaw and the People's Councils for the purpose of electing a new Pyithu Hluttaw and new People's Councils at different levels.

(b) The Council of State shall submit to the Pyithu Hluttaw, a list of names of citizens who are qualified by law, other than members of the Council of State and of the Council of Ministers, from among whom the Election Commission may be formed.

(c) The Pyithu Hluttaw which decides to dissolve itself under Article 62, shall form, in accordance with Clause (b), an Election Commission for the election of a new Pyithu Hluttaw.

(d) Elections for the Pyithu Hluttaw and the People's Councils at different levels shall be held as prescribed by law, prior to the expiry of the terms of the Pyithu Hluttaw and the respective People's Councils.

(e) Sessions of the new Pyithu Hluttaw and of the new People's Councils at different levels shall be converted with the newly elected people's representatives on the date of expiry of the term of the old Pyithu Hluttaw and the old People's Councils.

Article 183

(a) If the Pyithu Hluttaw or any People's Council is dissolved before the expiry of its term elections shall be held as prescribed by law and sessions of the Pyithu Hluttaw or of the People's Council concerned shall be convened.

(b) If any State, Divisional or Township People's Council is dissolved, the Council of State shall form with suitable citizens, an Executive Committee, a Committee of Judges and a Local Inspectorate and temporarily assign duties to them pending the election of the respective new People's Council.

(c) If a Ward or Village-tract People's Council is dissolved, the Council of State shall form with suitable citizens, an Executive Committee and a Committee of Judges and temporarily assign duties to them pending the election of the respective new People's Council.

Article 184

Expenses incurred in the elections of people's representatives to the Pyithu Hluttaw and to the People's Councils at different levels shall be met out of State funds.

Article 185

(a) If the situation is not yet ripe for the election of any State, Divisional or Township People's Council, the Council of State shall form, with suitable citizens, an Executive Committee, a Committee of Judges and a Local Inspectorate and temporarily assign duties to them for the purpose of performing the functions of the People's Council concerned.

(b) If the situation is not yet ripe for the election of any Ward or Village-tract People's Council, the Council of State shall form with suitable citizens, an Executive Committee and a Committee of Judges and temporarily assign duties to them for the purpose of performing the functions of the People's Council concerned.

Article 186

The Pyithu Hluttaw shall enact such laws as may be necessary in connection with the election of people's representatives.

CHAPTER XIII
RECALL, RESIGNATION AND REPLACEMENT

Article 187

Any organ of State or the people who have elected and assigned duties to a people's representative or an organ wishing to recall such representative or organ for any of the following reasons, shall have the right to do so in accordance with law-

(a) violation of any provision of the Constitution;

(b) inefficient discharge of duties or

(c) misbehaviour.

Article 188

Any people's representative who has been elected, or any representative who has been assigned duties in any organ of the Pyithu Hluttaw or of any People's Council, may submit his resignation to the respective organ in accordance with law.

Article 189

A vacancy arising for any reason in the Pyithu Hluttaw or in any People's Council at any level or in an organ of the Pyithu Hluttaw or the Council concerned shall be filled by election in accordance with law.

CHAPTER XIV
STATE FLAG, STATE SEAL, NATIONAL ANTHEM, AND STATE CAPITAL

Article 190

The State Flag shall be as shown below:- [Image pending].
[ The flag has a red background with a blue rectangle top left containing 14 white stars surrounding a white wheel with 15 outward-pointing cogs, at the centre of which is a yellow rice stalk - unofficial description]

Article 191

State Seal shall he as shown below: [image pending]

Article 192

The Pyithu Hluttaw shall prescribe the National Anthem Until a new National Anthem is prescribed the present National Anthem shall be used.

Article 193

The capital of the Republic is Rangoon.

Article 194

(a) The Preamble of this Constitution Articles I and 4 of Chapter I Articles 5, 6, 7, 8, 9, II, I2, I4, I8 and 2I of Chapter II Articles 28, 29 and 32 of Chapter III Articles 4I, 44 and 46 of Chapter IV and Article I94 of Chapter XV shall be amended with the prior approval of 75 per cent of all the members of the Pyithu Hluttaw in a nation-wide referendum only with a majority vote of more than half of those who have the right to vote.

(b) Provisions other than those mentioned in Clause (a) shall be amended only with a majority vote of 75 per cent of all the members of the Pyithu Hluttaw.

(c) Members of the Pyithu Hluttaw may submit to the Pyithu Hluttaw motions for amending this Constitution.

(d) If a People's Council wishes to submit a motion for amending this Constitution such a motion shall be submitted stage by stage from the lower to the higher levels and finally to the Pyithu Hluttaw.

CHAPTER XVI
GENERAL PROVISIONS

Article 195

This Constitution shall come into force throughout the Union after its adoption in a nation-wide referendum by more than half of all the people who have the right to vote.

Article 196

The Revolutionary Council of the Union of Burma shall, continuing to exercise State sovereignty, carry out during the interval between the coming into force of this Constitution and the day the first session of the Pyithu Hluttaw is convened, all the functions of the Pyithu Hluttaw under the Constitution The work done by the Revolutionary Council to bring the Constitution into force shall be deemed to have been carried out In accordance with this Constitution.

Article 197

Interpretation of the preamble, articles, clauses, words and expressions contained in this Constitution shall be based only on the Burmese text.

Article 198

Burmese shall be used as the official language for the purpose of uniformity and clarity in communications between the higher and lower level organs of the State and between such organs at the same level. If necessary the language of the national race concerned may be used.

Article 199

All policy guidelines, laws, rules, regulations, notifications proclamations, measures, responsibilities and rights of the Revolutionary Council of the Union of Burma shall devolve on the Socialist Republic of the Union of Burma.

Article 200

(a) In interpreting the expressions contained in this Constitution, reference shall be made to the Interpretation Law promulgated by the Revolutionary Council of the Union of Burma.

(b) Amendments to and further interpretation of expressions contained in the Law mentioned in Clause (a), shall only be made by the Pyithu Hluttaw.

(c) The validity of the acts of the Council of State, or of the Central or Local Organs of State Power under this Constitution shall only be determined by the Pyithu Hluttaw.

Article 201

The Pyithu Hluttaw may publish interpretations of this Constitution from time to time as may be necessary.

Article 202

(a) This Constitution is the basic law of all laws of the State.

(b) Existing laws and rules shall remain in force in so far as they are not contrary to this Constitution until and unless they are repealed or amended by the Pyithu Hluttaw.

(c) Existing regulations, bye-laws, notifications, orders, directives and procedures shall remain in force in so far as they are not contrary to this Constitution until and unless they are repealed or amended by the Council of State.

(d) Existing laws and rules shall be repealed or amended by the Pyithu Hluttaw to bring them into consonance with this Constitution.

(e) Existing regulations, bye-laws, notifications, orders, directives and procedures shall be repealed or amended by the Council of State to bring them into consonance with this Constitution.

(f) Existing laws, rules, regulations, bye-laws, notifications, orders, directives, and procedures shall, pending their repeal or amendment, be interpreted and acted upon by the Central and Local- Organs of State Power in the spirit of this Constitution.

(g) The Bodies of Public Services shall perform their duties in the spirit of this Constitution.

(h) All functioning organs and all public servants and workers serving under the Revolutionary Council of the Union of Burma on the day this Constitution comes into force shall continue in their functions unless otherwise prescribed by the Council of State.

Article 203

(a) The Council of State and the Central Organs of State Power may, subject to this Constitution and to laws, rules and resolutions passed by the Pyithu Hluttaw, promulgate such regulations, bye-laws, orders, directives and procedures as may be necessary.

(b) The Local Organs of State Power may, subject to this Constitution and to laws, rules and resolutions passed by the Pyithu Hluttaw and to regulations, bye-laws, orders, directives and procedures promulgated by the respective Central Organs of State Power, promulgate such orders, directives and procedures for the respective local areas as may be necessary.

Article 204

(a) Members of the Pyithu Hluttaw, the Council of State, the Council of People's Justices, the Council of People's Attorneys and the Council of People's Inspectors shall have the right to submit to the Pyithu Hluttaw draft legislation on matters other than those mentioned in Article 89.

(b) The Council of Ministers shall have the right to submit to the Pyithu Hluttaw draft legislation on matters mentioned in Article 89 as well as on other matters.

(c) The People's Councils at different levels may submit draft legislation on matters other than those mentioned in Article 89, stage by stage from the lower to the higher levels of the People's Councils and finally to the Pyithu Hluttaw.

Article 205

The Burma Socialist Programme Party, mass and class organisations formed under its leadership, and the working people may submit suggestions and advice to the organs of State power at different levels, on legal matters, economic planning, the annual budget and other matters.

Article 206

(a) Members of tile Council of State, and of the Council of Ministers shall not serve on any other Organ of State Power other than the organ to which they belong, except in cases provided for in Clause (b) of Article 54 and in Clause (c) of Article 64.

(b) Members of the Council of People's Justices, of the Council of People's Attorneys and of the Council of People's Inspectors shall not serve on any Organ of State Power other than the organ to which they belong or on any other Organ of the Pyithu Hluttaw.

(c) Members of the Executive Committee and of tile Inspectorates of the People's Councils at the State, Divisional and Township levels shall not serve on any Local Organ of State Power other than the organ to which they belong or on any Affairs Committee.

(d) Members of the Committee of Judges of the People's Councils at different levels shall not serve on any Local Organ of State Power other than the organ to which they belong. They may, however, serve on the Affairs Committees of the People's Council concerned.

Article 207

The number of people's representatives which shall constitute the quorum at meetings of the Pyithu Hluttaw and the People's Councils at different levels shall be 75 per cent of all the people's representatives.

Article 208

The Council of State or an Affairs Committee of the Pyithu Hluttaw may invite any Central Organ of State Power to attend and answer questions, and such organ shall be under a duty to respond.

Article 209

(a) Should the Pyithu Hluttaw or any People's Council at any level be dissolved before the expiry of its regular term, the term of office of the newly elected Pyithu Hluttaw or People's Council shall be for the remaining period of the term of the dissolved Pyithu Hluttaw or People's Council.

(b) Should any People's Council be formed after the formation of the Pyithu Hluttaw, the term of such People's Council shall be the same as the regular term of the Pyithu Hluttaw.
End of Document

Attachment အရွယ်အစား
1974 Constitution in Burmese.pdf 159.97 ကီလိုဘိုက်

The Constitution of the Union of Burma, 1947

THE CONSTITUTION OF THE UNION OF BURMA (1947)

CONTENTS

Preamble

CHAPTER I
Form of State

CHAPTER II
Fundamental Rights
Definition of “State”
Citizenship
Rights of Equality
Rights of Freedom
Rights relating to Religion
Cultural and Education Rights
Economic Rights
Rights in relation to Criminal Law
Rights to Constitutional Remedies

CHAPTER III
Relations of the State to Peasants and Workers

CHAPTER IV
Directive Principles of State Policy

CHAPTER V
The President

CHAPTER VI
Parliament
Part I. – General
Part II. – Chamber of Deputies
Part III. – Chamber of Nationalities
Part IV. – Powers of the Parliament
Part V. – Legislation
Money Bills
Signing and Promulgation

CHAPTER VII
The Union Government
Attorney General
Auditor General

CHAPTER VIII
Union Judiciary

CHAPTER IX
Part I. – The Shan State
The Shan State Council
Government of the Shan State
Part II. – The Kachin State
Government of the Kachin State
Part III. – The Karen State
Kaw-thu-lay
Part IV. – The Karenni State
Government of the Karenni State
Part V. – Special Division of the Chins
Part VI. – New States

CHAPTER X
Right of Secession

CHAPTER XI
Amendment of the Constitution

CHAPTER XII
International Relations

CHAPTER XIII
General Provisions
Interpretation

CHAPTER XIV
Transitory Provisions
FIRST SCHEDULE
Form of Oath or Affirmation
SECOND SCHEDULE
Composition of the Chamber of Nationalities
THIRD SCHEDULE
List I – Union Legislative List
Defence
External Affairs
Communications
Finance
General
List II. – State Legislative List
Constitutional Affairs
Economic Affairs
Security
Communications
Education
Public Health
Local Government
General
FOURTH SCHEDULE
State Revenue List

THE CONSTITUTION OF THE UNION OF BURMA

Constituent Assembly of Burma
Rangoon, Supdt, Govt. Printing and Stationery, Burma 1948.

PREAMBLE

WE, THE PEOPLE OF BURMA including the Frontier Areas and the Karenni States, Determined to establish in strength and unity a SOVEREIGN INDEPENDENT STATE, To maintain social order on the basis of the eternal principles of JUSTICE, LIBERTY AND EQUALITY and To guarantee and secure to all citizens JUSTICE social, economic and political; LIBERTY of thought, expression, belief, faith, worship, vocation, association and action; EQUALITY of status, of opportunity and before the law, IN OUR CONSTITUENT ASSEMBLY this Tenth day of Thadingyut waxing, 1309 B.E. (Twenty-fourth day of September, 1947 A.D.), DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. 5

CHAPTER I

Form of State

1. Burma is a Sovereign Independent Republic to be known as “the Union of Burma.”

2. The Union of Burma shall comprise the whole of Burma, including

(i) all the territories that were heretofore governed by His Britannic Majesty through the Governor of Burma, and
(ii) the Karenni States.

3. The sovereignty of the Union resides in the people.

4. All powers, legislative, executive and judicial, are derived from the people and are exercisable on their behalf by, or on the authority of, the organs of the Union or of its constituent units established by this Constitution.

5. The territories that were heretofore known as the Federated Shan States and the Wa States shall form a constituent unit of the Union of Burma and be hereafter known as “the Shan State.”

6. The territories that were heretofore known as the Myitkyina and Bhamo Districts shall form a constituent unit of the Union of Burma and be hereafter known as “the Kachin State.”

7. The territories that were heretofore known as the Karenni States, viz., Kantarawaddy, Bawlake and Kyebogyi shall form a constituent unit of the Union of Burma and hereafter known as “the Karenni State.”

8. All powers, legislative, executive and judicial, in relation to the remaining territories of the Union of Burma shall, subject to the provisions of section 180, be exercisable only by, or on the authority of, the organs of the Union. 5

CHAPTER II

Fundamental Rights

DEFINITION OF “STATE.”

9. In this Chapter and in Chapters III and IV, the term “State” means the executive or legislative authority of the Union or of the unit concerned according as the context may require. 5
CITIZENSHIP.

10. There shall be but one citizenship throughout the Union; that is to say, there shall be no citizenship of the unit as distinct from the citizenship of the Union.

11. (i) Every person, both of whose parents belong or belonged to any of the indigenous races of Burma;

(ii) every person born in any of the territories included within the Union, at least one of whose grand-parents belong or belonged to any of the indigenous races of Burma;
(iii) every person born in any of territories included within the Union, of parents both of whom are, or if they had been alive at the commencement of this Constitution would have been, citizens of the Union;
(iv) every person who was born in any of the territories which at the time of his birth was included within His Britannic Majesty’s dominions and who has resided in any of the territories included within the Union for a period of not less than eight years in the ten years immediately preceding the date of the commencement of this Constitution or immediately preceding the 1st January 1942 and who intends to reside permanently there in and who signifies his election of citizenship of the Union in the manner and within the time prescribed by law, shall be a citizen of the Union.

12. Nothing contained in section 11 shall derogate from the power of the Parliament to make such laws as it thinks fit in respect of citizenship and alienage and any such law may provide for the admission of new classes of citizens or for the termination of the citizenship of any existing classes. 5

RIGHTS OF EQUALITY

13. All citizens irrespective of birth, religion, sex or race are equal before the law; that is to say, there shall not be any arbitrary discrimination between one citizen or class of citizens and another.

14. There shall be equality of opportunity for all citizens in matters of public employment and in the exercise or carrying on of any occupation, trade, business or profession.

15. Women shall be entitled to the same pay as that received by men in respect of similar work. 5

RIGHTS OF FREEDOM

16. No citizen shall be deprived of his personal liberty, nor his dwelling entered, nor his property confiscated, save in accordance with law.

17. There shall be liberty for the exercise of the following rights subject to law, public order and morality: -
i. The right of the citizens to express freely their convictions and opinions.
ii. The right of the citizens to assemble peaceably and without arms.
iii. The right of the citizens to form associations and unions. Any association or organization whose object or activity is intended or likely to undermine the Constitution is forbidden.
iv. The right of every citizen to reside and settle in any part of the Union, to acquire property and to follow any occupation, trade, business or profession.

18. Subject to regulation by the law of the Union trade, commerce and intercourse among the units shall be free:
Provided that any unit may by law impose reasonable restrictions in the interests of public order, morality, health or safety.

19. (i) Traffic in human beings, and
(ii) forced labour in any form and involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall be prohibited.

Explanation. – Nothing in this section shall prevent the State from imposing compulsory service for public purposes without any discrimination on grounds of birth, race, religion or class. 5

RIGHTS RELATING TO RELIGION

20. All persons are equally entitled to freedom of conscience and the right freely to profess and practise religion subject to public order, morality or health and to the other provisions of this Chapter.

Explanation 1. – The above right shall not include any economic, financial, political or other secular activities that may be associated with religious practice.

Explanation 2. – The freedom guaranteed in this section shall not debar the State from enacting laws for the purpose of social welfare and reform.

21. (1) The State recognizes the special position of Buddhism as the faith professed by the great majority of the citizens of the Union.
(2) The State also recognizes Islam, Christianity, Hinduism and Animism as some of the religions existing in the Union at the date of the coming into operation of this Constitution.
(3) The State shall not impose any disabilities or make any discrimination on the ground of religious faith or belief.
(4) The abuse of religion for political purposes is forbidden; and any act which is intended or is likely to promote feelings of hatred, enmity or discord between racial or religious communities or sects is contrary to this Constitution and may be made punishable by law. 5

CULTURAL AND EDUCATIONAL RIGHTS

22. No minority, religious, racial or linguistic, shall be discriminated against in regard to admission into State educational institutions nor shall any religious instruction be compulsorily imposed on it. 5

ECONOMIC RIGHTS

23. (1) Subject to the provisions of this section, the State guarantees the rights of private property and of private initiative in the economic sphere.
(2) No person shall be permitted to use the right of private property to the detriment of the general public.
(3) Private monopolist organizations, such as cartels, syndicates and trusts formed for the purpose of dictating prices or for monopolizing the market or otherwise calculated to injure the interests of the national economy, are forbidden.
(4) Private property may be limited or expropriated if the public interest so requires but only in accordance with law which shall prescribe in which cases and to what extent the owner shall be compensated.
(5) Subject to the conditions set out in the last preceding sub-section, individual branches of national economy or single enterprises may be nationalized or acquired by the State by law if the public interest so requires. 5

RIGHTS IN RELATION TO CRIMINAL LAW.

24. No person shall be convicted of crime except for violation of a law in force at the time of the commission of the act charged as an offence, nor shall he be subjected to a penalty greater than that applicable at the time of the commission of the offence. 5

RIGHTS OF CONSTITUTIONAL REMEDIES

25. (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of any of the rights conferred by this Chapter is hereby guaranteed.
(2) Without prejudice to the powers that may be vested in this behalf in other Courts, the Supreme Court shall have power to issue directions in the nature of Habeas Corpus, mandamus, prohibition, quo warranto and certiorari appropriate to the rights guaranteed in this Chapter.
(3) The right to enforce these remedies shall not be suspended unless, in times of war, invasion, rebellion, insurrection or grave emergency, the public safety may so require.

26. Every citizen, whether within or beyond the territories of the Union, shall be entitled to claim the protection of the Union in his relations with foreign States.

27. Except in times of invasion, rebellion, insurrection or grave emergency, no citizen shall be denied redress by due process of law for any actionable wrong done to or suffered by him.

28. The Parliament may by law determine to what extent any of the rights guaranteed by this Chapter shall be restricted or abrogated for the members of the Defence Forces or of the Forces charged with the maintenance of public order so as to ensure fulfilment of their duties and the maintenance of discipline.

29. The Parliament shall make laws to give effect to those provisions of this Chapter which require such legislation and to prescribe punishment for those acts which are declared to be offences in this Chapter and are not already punishable. 5

CHAPTER III

Relations of the State to Peasants and Workers

30. (1) The State is the ultimate owner of all lands.
(2) Subject to the provisions of this Constitution, the State shall have the right to regulate, alter or abolish land tenures or resume possession of any land and distribute the same for collective or co-operative farming or to agricultural tenants.
(3) There can be no large land holdings on any basis whatsoever. The maximum size of private land holding shall, as soon as circumstances permit, be determined by law.

31. By economic and other measures the State may assist workers to associate and organize themselves for protection against economic exploitation.
The State shall protect workers by legislation intended to secure to them the right of association, to limit their hours of work, to ensure to them the right to annual holidays and to improve working conditions, and as soon as circumstances permit by promoting schemes for housing and social insurance. 5

CHAPTER IV

Directive Principles of State Policy

32. The principles set forth in this Chapter are intended for the general guidance of the State. The application of these principles in legislation and administration shall be the care of the State but shall not be enforceable in any court of law.

33. The State shall direct its policy towards securing to each citizen –
(i) the right to work,
(ii) the right to maintenance in old age and during sickness or loss of capacity to work,
(iii) the right to rest and leisure, and
(iv) the right to education.
In particular the State shall make provision for free and compulsory primary education.

34. The State shall pay special attention to the young and promote their education.
35. The State shall promote with special care the educational and economic interests of the weaker and less advanced sections of the people and shall protect them from social injustice and all forms of exploitation.

36. The State shall regard the raising of the standard of living of its people and the improvement of public health as among its primary duties.

37. (1) The State shall ensure that the strength and health of workers and the tender age of children shall not be abused and that they shall not be forced by economic necessity to take up occupations unsuited to their sex, age and strength.
(2) The State shall specially direct its policy towards protecting the interests of nursing mothers and infants by establishing maternity and infant welfare centres, children’s homes and day nurseries and towards securing to mothers in employment the right to leave with pay before and after child birth.

38. The State shall promote the improvement of public health by organizing and controlling health services, hospitals, dispensaries, sanatoria, nursing and convalescent homes and other health institutions.

39. The State shall take special care of the physical education of the people in general and of the youth in particular in order to increase the health and working capacity of the people and in order to strengthen the defensive capacity of the State.

40. The State shall ensure disabled ex-Servicemen a decent living and free occupational training. The children of fallen soldiers and children orphaned by wars shall be under the special care of the State.

41. The economic life of the Union shall be planned with the aim of increasing the public wealth, of improving the material conditions of the people and raising their cultural level, of consolidating the independence of the Union and strengthening its defensive capacity.

42. The State shall direct its policy towards giving material assistance to economic organizations not working for private profit. Preference shall be given to co-operative and similar economic organizations.

43. All useful arts and sciences, research and cultural institutes and the study of Pali and Sanskrit shall enjoy the protection and support of the State.

44. (1) The State shall direct its policy towards operation of all public utility undertakings by itself or local bodies or by peoples’ co-operative organizations.
(2) The State shall direct its policy towards exploitation of all natural resources in the Union by itself or local bodies or by peoples’ co-operative organizations. 5

CHAPTER V

The President

45. There shall be a President of the Union hereinafter called “the President” who shall take precedence over all other persons throughout the Union and who shall exercise and perform the powers and functions conferred on the President by this Constitution and by law.

46. The President shall be elected by both Chambers of Parliament in joint session by secret ballot. Subject of the provision of this Chapter, election to the office of the President shall be regulated by an Act of the Parliament.

47. (1) The President shall not be a member of either Chamber of Parliament.
(2) If a member of either Chamber of Parliament be elected President, he shall be deemed to have vacated his seat in that Chamber.
(3) The President shall not hold any other office or position of emolument.

48. (1) The President shall hold office for five years from the date on which he enters upon his office, unless before the expiration of the period he resigns or dies, or is removed from office, or becomes permanently incapacitated.
(2) No person shall serve as President for more than two terms in all.

49. No person shall be eligible for election to the office of President unless he –
(i) is a citizen of the Union who was, or both of whose parents were, born in any of the territories included within the Union, and
(ii) is qualified for election to the Union Parliament.

50. The first President shall enter upon his office as soon as may be after his election, and every subsequent President shall enter upon his office on the day following the expiration of the term of office of his predecessor or as soon as may be thereafter, or in the event of his predecessor’s removal from office, resignation, permanent incapacity or death, as soon as may be after his own election.

51. The president shall enter upon his office by making and subscribing publicly in the presence of both Chambers of Parliament assembled and of the judges of the Supreme Count, the following declaration: -
“I … do solemnly and sincerely promise and declare that I will maintain the Constitution of the Union and uphold its laws, that I will fulfil my duties faithfully and conscientiously in accordance with the Constitution and the law, that I will diligently avert every injury and danger to the Union and that I will dedicate myself to the service of the Union.

52. The President shall not leave the Union during his term of office save on the advice of the Union Government.

53. The President shall summon the Parliament for the purpose of electing a new President, during the three months preceding the expiration of his term of office.

54. (1) The President may be impeached for –
(i) high treason;
(ii) violation of the Constitution; or
(iii) gross misconduct.
(2) The charge shall be preferred by either Chamber of Parliament subject to and in accordance with the provisions of this section.
(3) A proposal to either Chamber of Parliament to prefer a charge against the President under this section shall not be entertained except upon a notice of resolution in writing signed by not less than one-fourth of the total membership of that Chamber.
(4) No such proposal shall be adopted by either Chamber of Parliament save upon a resolution of that Chamber supported by not less than two-thirds of the total membership thereof.
(5) When a charge has been preferred by one Chamber of Parliament, the other Chamber shall investigate the charge or cause the charge to be investigated.
(6) The President shall have the right to appear and to be represented at the investigation of the charge.
(7) If, as the result of the investigation, a resolution be passed, supported by not less than two-thirds of the total membership of the Chamber of Parliament by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained and that the office, the subject of the charge, was such as to render him unfit to continue in office, such resolution shall operate to remove the President from his office.

55. The President shall have an official residence and shall receive such emoluments and allowances as shall be prescribed by law. Emoluments and allowances of the President shall not be varied during his term of office.

56. (1) The President shall, on the nomination of the Chamber of Deputies, appoint a Prime Minister who shall be the head of the Union Government.
(2) The President shall, on the nomination of the Prime Minister, appoint other members of the Union Government.
(3) The President shall, on the advice of the Prime Minister, accept the resignation or terminate the appointment of any member of the Union Government.

57. The Chamber of Deputies shall be summoned, prorogued or dissolved by the President on the advice of the Prime Minister:
Provided that, when the Prime Minister has ceased to retain the support of a majority in the Chamber, the President may refuse to prorogue or dissolve the Chamber on his advice and shall in that event forthwith call upon the Chamber to nominate a new Prime Minister:
Provided further that, if the Chamber fails to nominate a new Prime Minister within fifteen days, it shall be dissolved.

58. (1) Every Bill, passed or deemed to have been passed by both Chambers of Parliament, shall require the signature of the President for its enactment into law.
(2) The President shall promulgate every law enacted by the Parliament.

59. Subject to the provisions of this Constitution, the executive authority of the Union shall be vested in the President; but nothing in this section shall prevent the Parliament from conferring functions upon subordinate authorities, or be deemed to transfer to the President any functions vested in any court, judge, or officer, or any local or other authority by any existing law.

60. The right of pardon shall be vested in the President.

61. (1) The President may communicate with the Parliament by message or address on any matter of national or public importance.
(2) The President may also address a message to the nation at any time on any matter.

62. (1) The President shall not be answerable to either Chamber of Parliament or to any Court for the exercise or performance of the powers and functions of his office or for any act done or purporting to be done by him in the exercise and performance of these powers and functions.
(2)The behaviour of the President may, however, be brought under review in either Chamber of Parliament for the purpose of section 54, or by any Court, tribunal or body, appointed or designated by either Chamber of Parliament for the investigation of its charges under the said section.
(3) The validity of anything purporting to have been done by the President under this Constitution shall not be called in question on the ground that it was done otherwise than in accordance with the provisions contained or referred to in the next succeeding section.

63. (1) The powers and functions conferred on the President by this Constitution shall be exercisable and performable by him only on the advice of the Union Government, save where it is provided by this Constitution that he shall act in his discretion or on the advice or nomination of or on receipt of any communication from any other person or body.
(2) The question whether any, and if so, what advice, nomination or communication was tendered to or received by the President shall not be enquired into in any Court.

64. (1) In the event of the death, resignation, removal from office, absence or incapacity whether temporary or permanent, of the President, or at any time at which the office of the President may be vacant, the powers and functions conferred on the President by this Constitution shall be exercised and performed by a Commission constituted as hereinafter provided.
(2) The Commission shall consist of the following persons, namely, the Chief Justice of the Union, the Speaker of the Chamber of Nationalities and the Speaker of the Chamber of Deputies.
(3) Such judge of the Supreme Court as has been appointed to perform the duties of the Chief Justice, or if there is no such judge, then the senior available judge of the Supreme Court, shall act as a member of the Commission in place of the Chief Justice on any occasion on which the office of the Chief Justice is vacant or on which the Chief Justice is unable to act.
(4) The Deputy Speaker of the Chamber of Nationalities shall act as a member of the Commission in the place of the Speaker of the Chamber of Nationalities on any occasion on which the office of the Speaker of the Chamber is vacant or on which the said Speaker is unable to act.
(5) The Deputy Speaker of the Chamber of Deputies shall act as a member of the Commission in place of the Speaker of the Chamber on any occasion on which the office of the Speaker of the Chamber Deputies is vacant or on which the said Speaker is unable to act.
(6) The Commission may act by any two of its members and may act notwithstanding a vacancy in its membership.
(7) The provisions of this Constitution which relate to the exercise and performance by the President of the powers and functions conferred on him by this Constitution shall apply to the exercise and performance of the said powers and function under this section. 5

CHAPTER VI

Parliament

Part I. GENERAL

65. The legislative power of the Union shall be vested in the Parliament which shall consist of the President, a Chamber of Deputies and a Chamber of Nationalities and which is in this Constitution called “the Parliament” or “the Union Parliament.”

66. There shall be a session of the Parliament once at least in every year so that twelve months shall not intervene between the last sitting of the Parliament in one session and its first sitting in the next session.

67. (1) The Chamber of Deputies shall, as soon as may be, choose two members of the Chamber to be respectively the Speaker and the Deputy Speaker thereof, and, so often as the office of the Speaker or Deputy Speaker becomes vacant, the Chamber shall choose another member to be Speaker or Deputy Speaker, as the case may be.
(2) A member holding office as Speaker or Deputy Speaker of the Chamber shall vacate his office if he ceases to be a member of the Chamber, may at any time resign his office by writing under his hand addressed to the President, and may be removed from his office by a resolution of the Chamber passed by a majority of the then members of the Chamber; but no resolution for the purpose of this sub-section shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.
Provided that, whenever the Chamber is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Chamber after the dissolution.
(3) While the office of the Speaker is vacant the duties of his office shall be performed by the Deputy Speaker or, if the office of the Deputy Speaker is also vacant, by such member of the Chamber as the President may appoint for the purpose, and during the absence of the Speaker from any sitting of the Chamber the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Chamber, or, if no such person is present, such other person as may be determined by the Chamber, shall act as Speaker.
(4) There shall be paid to the Speaker and the Deputy Speaker of the Chamber such salaries as may be respectively determined by an Act of the Parliament.
(5) The foregoing provisions of this section shall apply in relation to the Chamber of Nationalities as they apply in relation to the Chamber of Deputies with the substitution of references to the Chamber of Nationalities for references to the Chamber of Deputies.

68. (1)Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of the Parliament, there shall be freedom of speech in the Parliament, and no member of the Parliament shall be liable to any proceedings in any Court in respect of anything said or any vote given by him in the Parliament or any Committee thereof, and no person shall be so liable in respect of publication by or under the authority of a Chamber of the Parliament of any report, paper, votes, or proceedings.
(2) In other respects, the privileges of members of either Chamber of Parliament shall be such as may, from time to time, be defined by an Act of the Parliament and, until so defined, shall be such as were immediately before the commencement of this Constitution enjoyed by members of the Legislature of Burma.

69. (1) All question at any sitting or joint sitting of the Chambers shall, save as otherwise provided by this Constitution, be determined by a majority of votes of the members present and voting, other than the Speaker or person acting as such, who shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.
(2) The number of members necessary to constitute the quorum of either Chamber for the exercise of its powers shall be determined by its rules.
(3) A Chamber of Parliament shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Parliament shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled to do so sat or voted or otherwise took part in the proceedings.
(4) Without prejudice to the generality of the foregoing provisions, the Chamber of Nationalities shall have power to act notwithstanding the failure of any unit to provide for its representation in the Chamber.

70. All official reports and publications of the Parliament or of either Chamber thereof shall be absolutely privileged.

71. The Parliament may make provision by law for the payment of salaries and allowances to the members of each Chamber in respect of their duties as public representatives and for the grant to them of such travelling and other facilities in connection with their duties as the Parliament may determine.

72. Every member of either Chamber of Parliament shall before taking his seat make and subscribe before the President, or some person authorized by him, an oath or affirmation of allegiance in the form set forth in the First Schedule to this Constitution.

73. (1) No person may at the same time be a member of both Chamber of Parliament, and, if any person who is already a member of either Chamber becomes a member of the other Chamber, he shall forthwith be deemed to have vacant his first seat.
(2) If a member of either Chamber –
(a) becomes subject to any of the disqualifications mentioned in sub-section (1) of the next succeeding section; or
(b) by writing under his hand addressed to the President resigns his seat,
his seat shall thereupon become vacant.
(3) If for a period of thirty days a member of either Chamber is without permission of the Chamber absent from all meetings thereof, the Chamber may declare his seat vacant:
Provided that in computing the said period of thirty days no account shall be taken of any period during which the Chamber is prorogued, or is adjourned for more than four consecutive days.

74. (1)Any person who –
(i) is under any acknowledgement of allegiance or adherence to a foreign Power, or is a subject or citizen or entitled to the rights and privileges of a subject or a citizen of a foreign Power; or
(ii) is an undischarged bankrupt or insolvent; or
(iii) is of unsound mind and stands so declared by a competent Court; or
(iv) hold any office of profit in the service of the Union or of any unit other than an office declared by an Act of the Parliament not to disqualify its holder; or
(v) whether before or after the commencement of this Constitution, has been convicted or has, in proceedings for questioning the validity or regularity of an election, been found to have been guilty of an offence or corrupt or illegal practice relating to elections which has been declared by an Act of the Legislature of Burma or of the Parliament to be an offence or practice entailing disqualification for membership of the Legislature or of the Parliament, unless such period had elapsed as may be specified in that behalf in the provisions of that Act; or
(vi) whether before or after the commencement of this Constitution, has been convicted, in any of the territories included within the Union, of any other offence, and has, in either case, been sentenced to transportation or to imprisonment for not less than two years, unless a period of five years or such less period as the President may, in his discretion, allow in any particular case, has elapsed since his release; or
(vii) having been nominated as a candidate for the Parliament or having acted as an election agent of any person so nominated, has failed to lodge a return of the election expenses within the time and in the manner required by any Order made under this Constitution or by any Act of the Parliament, unless five years have elapse from the date by which the return ought to have been lodged, or the President, in his discretion, had removed the disqualification;
Shall be disqualified for being as and for being a member of either Chamber:
Provided that a disqualification under paragraph (vii) of this sub-section shall not take effect until the expiration of one month from the date by which the return ought to have been lodged, or of such longer period as the President acting in his discretion may, in any particular case, allow.
(2) A person shall not be qualified for being chosen a member of either Chamber while he is serving a sentence of transportation or of imprisonment for a criminal offence:
Provided that, where the sentence does not exceed two years, the President may in his discretion remove such disqualification.
(3) Where a person who, by virtue of a conviction or a conviction and a sentence, becomes disqualified by virtue of paragraph (v) or paragraph (vi) of sub-section (1) of this section is at the date of the disqualification a member of a Chamber, his seat shall, notwithstanding anything in this or the last preceding section, not become vacant by reason of the disqualification until three months have elapsed from the date thereof or, if within those three months an appeal or petition for revision is brought in respect of the conviction or the sentence, until that appeal or petition is disposed of, but, during any period wherein his membership is preserved by this sub-section, he shall not sit or vote.

75. If a person sits or votes as a member of either Chamber when he is not qualified or is disqualified for membership thereof, or when he is prohibited from so doing by the provisions of sub-section (3) of section 74 or before he has complied with the requirements of section 72 he shall be liable in respect of each day on which he so sits or votes to a penalty of rupees one thousand to be recovered as a debt due to the Union Government.

76. (1) Every citizen, who has completed the age of twenty-one years and who is not placed under any disability or incapacity by this Constitution or by law, shall be eligible for membership of the Parliament.
(2) Every citizen, who has completed the age of eighteen years and who is not disqualified by law and complies with the provisions of the law regulating elections to the Parliament, shall have the right to vote at any election to the Parliament.
(3) There shall be no property qualification for membership of the Parliament or for the right to vote at elections to the Parliament.
(4) No law shall be enacted or continued placing any citizen under disability or incapacity for membership of the Parliament on the ground of sex, race or religion or disqualifying any citizen from voting at elections to the Parliament on any such ground:
Provided that notwithstanding anything contained in section 21 (3), members of any religious order may by law be debarred from voting at any such elections or from being a member of either Chamber of Parliament.
(5) Voting shall be by secret ballot.

77. Subject to the provisions of this Constitution, all matters relating to elections for either Chamber of Parliament including the delimitation of constituencies, the filling of casual vacancies, and the decision of doubts and disputes arising out of or in connection with such elections shall be regulated in accordance with law.

78. The Parliament may by law prescribe the conditions under and the manner in which a member of either Chamber of Parliament may be recalled.

79. Every member of the Union Government and the Attorney-General shall have the right to speak in, and otherwise take part in the proceedings of, either Chamber, any joint sitting of the Chambers and any Committee of the Parliament of which he may be named a member, but he shall not by virtue of this section be entitled to vote.

80. (1) Each Chamber of the Parliament may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business.
(2) The President, after consultation with the Speaker of the Chamber of Nationalities and the Speaker of the Chamber of Deputies, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Chambers.
(3) At a joint sitting of the two Chambers the Speaker of the Chamber of Nationalities, or in his absence the Speaker of the Chamber of Deputies or such person as may be determined by rules of procedure made under this section, shall preside.

81. No discussion shall take place in the Parliament with respect to the conduct of any judge of the Supreme Court or of the High Court in the discharge of his duties, except upon a resolution for the removal of the judge as provided in this Constitution.

82. (1) The validity of any proceedings in the Parliament shall not be called in question in any Court on the ground of any irregularity of procedure.
(2) The Speaker of the Chamber of Deputies or the Speaker of the Chamber of Nationalities or any other member of either Chamber of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business or for maintaining order in the Chamber shall not be subject to the jurisdiction of any Court in respect of the exercise by him of those powers. 5
PART II. – CHAMBER OF DEPUTIES

83. (1) The Chamber of Deputies shall be composed of members who represent constituencies determined by law. Provision shall, however, be made to reserve such number of seats as may be proportionate to the population of Karens to be filled by their representatives.
(2) The number of members of this Chamber shall be, as nearly as practicable, twice the number of member of the Chamber of Nationalities. The number of members shall from time to time be fixed by law but the total number of the members of the Chamber of Deputies shall not be fixed at less than one member for each 100,000 of the population, or at more than one member for each 30,000 of the population.
(3) The ratio between the number of members to be elected at any time for a constituency and the population of that constituency, as ascertained at the last preceding census, shall, so far as practicable, be the same for all constituencies throughout the Union, except in the case of the constituencies of the Special Division of the Chins (referred to in Part V of Chapter IX) and the Karenni State, in respect of which the ratio may be higher.
(4) The Parliament shall revise the constituencies at least once in every ten years, with due regard to changes in the distribution of the population, but any alternation in the constituencies shall not take effect until the termination of the then existing Parliament.

84. (1) The general election for members of the Chamber of Deputies shall take place not later then sixty days after the dissolution of the Chamber. Polling at every general election shall, as far as practicable, take place on the same day throughout the Union.
(2) The Chamber of Deputies shall meet within sixty days from the polling day.

85. Every Chamber of Deputies shall continue for four years from the first meeting of the Chamber:
Provided that the Chambers of Parliament may by resolution passed by not less than two-thirds of the members present and voting at a joint sitting extend the said period from year to year in the event of a grave emergency declared by Proclamation under section 94:
Provided further that the Chamber of Deputies may be dissolved by the President at any time as provided by section 57.

86. (1) As soon as possible after the presentation to the Chamber of Deputies under Chapter VII of the estimates of receipts and estimates of expenditure of the Union for any financial year, the Chamber shall consider the estimates.
(2) Save in so far as may be provided by specific enactment in each case, the legislation required by specific enactment in each case, the legislation required to give effect to the financial resolutions of each year shall be enacted within that year.
(3) The Chamber of Deputies shall not pass any vote or resolution, and no law shall be enacted, for the appropriation of revenue or other public moneys, unless the purpose of the appropriation shall have been recommended to the Chamber by the Union Government. 5

PART III. CHAMBER OF NATIONALITIES.

87. There shall be one hundred and twenty-five seats in the Chamber of Nationalities as allocated in the Second Schedule to this Constitution.

88. (1) A dissolution of the Chamber of Deputies shall operate also as a dissolution of the Chamber of Nationalities.
(2) The general election for the Chamber of Nationalities shall be completed not later than the fifteenth day from the first meeting of the Chamber of Deputies held after the dissolution.

89. The first meeting of the Chamber of Nationalities after the general election shall take place on a date to be fixed by the President on the advice of the Prime Minister. 5

PART IV. POWER OF THE PARLIAMENT

90. Subject to the provisions of this Constitution, the sole and exclusive power of making laws in the Union shall be vested in the Parliament: Provided that an Act of the Parliament may authorize any person or authority therein specified to make rules and regulations consonant with the Act and having the force of law, subject, however, to such rules and regulations being laid before each Chamber of Parliament at its next ensuing session and subject to annulment by a motion carried in both Chambers within a period of three months of their being so laid, without prejudice, however, to the validity of any action previously taken under the rules or regulations.

91. Provision may, however, be made by law on principles of regional autonomy for delegating to representative bodies of such regions as may be defined in the law, specified powers in administrative, cultural and economic matters. A law embodying such provisions shall determine the rights, powers and duties of such representative bodies and their relations to the Parliament and to the Union Government.

92. (1) The Parliament shall have power to make laws of the whole or any part of the Union except in so far as such power is assigned by the next succeeding sub-section exclusively to the Shan Councils.
For greater certainty, but not so as to restrict the generality of the foregoing terms of this section, it is hereby declared that, notwithstanding anything in the next succeeding sub-section, the exclusive legislative authority of the Parliament shall extend to all matters enumerated in List I of the Third Schedule to this Constitution (hereinafter called “the Union Legislative List”).
Any matter coming within any of the classes of subjects enumerated in the said List, shall not be deemed to come within the class of matters of a local or private nature comprised in the list of subjects assigned by the next succeeding sub-section exclusively to the State Councils.
(2) Each State Council shall have power exclusively to make laws for the State or any part thereof with respect to any of the matters enumerated in List II of the said Schedule (hereinafter called “the State Legislative List”).
(3) Any State Council may by resolution surrender any of its territories or any of its powers and rights to the Union.

93. The powers exercisable by the Union by reason of the entry in the Union Legislative List relating to the regulation of forces, mines and oil-fields and mineral development, shall be subject to the condition that before the issue of any certificate, licence, or other form of authorization, for the exploitation, development or utilization of any forest, mine or oil-field, the issuing authority shall consult the Union Minister for the State concerned.

94. (1) Notwithstanding anything in section 92, the Parliament shall, if the President has declared by Proclamation (in this Constitution referred to as a “Proclamation of Emergency”), that a grave emergency exists whereby the security of the Union is threatened, whether by war or internal disturbance, or that a grave economic emergency affecting the Union has arisen in any part of the Union, have power to make laws for a State or any part thereof with respect to any of the matters enumerated in the State Legislative List.
(2) Nothing in this section shall restrict the power of a State Council to make any law which, under this Constitution it has power to make, but if any provision of a State law is repugnant to any provision of a Union law which the Parliament has under this section power to make, the Union law, whether passed before or after the State law, shall prevail, and the State law shall, to the extent of the repugnancy, but so long as the Union law continues to have effect, be inoperative.
(3) A Proclamation of Emergency –
(a) may be revoked by a subsequent Proclamation, and
(b) shall cease to operate at the expiration of six months, unless before the expiration of that period it has been approved by resolutions of both Chambers of Parliament:
Provided that, if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Chambers of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of twelve months from the date on which under this sub-section it would otherwise have ceased to operate.
(4) A law made by the Parliament which it would not but for the issue of a Proclamation of Emergency have been competent to make shall cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before expiration of the said period.

95. If it appears to the State Councils of two or more States to be desirable that any of the matters enumerated in the State Legislative List should be regulated in these States by an Act of the Parliament, and if resolutions to that effect are passed by those State Councils, it shall be lawful for the Parliament to pass an Act for regulating that matter accordingly; but any Act so passed may, as respects any State to which it applies, be amended or repealed by an Act of the State Council.

96. (1) All revenue from the sources enumerated in the Fourth Schedule to this Constitution shall form part of the revenues of the State in or by which they are raised or received.
(2) All revenues other than such as are assigned to the States by the last preceding sub-section shall form part of the revenues of the Union:
Provided that the Union may make such grants or contributions out of its revenue in aid of the revenues of the units as it may determine to be necessary upon the recommendations of any Board or other authority appointed for the purpose.

97. (1) The right to raise and maintain military, naval and air forces is vested exclusively in the Parliament.
(2) No military, naval or air forces, or any military or semi-military organization of any kind (not being a police force maintained under the authority of any unit solely for duties connected with the maintenance of public order) other than the forces raised and maintained by the Union with the consent of the Parliament shall be raised or maintained for any purpose whatsoever. 5

PART V. LEGISLATION

98. Every Bill initiated in and passed by the Chamber of Deputies shall be sent to the Chamber of Nationalities and may, unless it be a Money Bill, be amended in the Chamber of Nationalities and sent back to the Chamber of Deputies for its consideration.

99. Every Bill other then a Money Bill, may be initiated in the Chamber of Nationalities and if passed by the Chamber, shall be sent to the Chamber of Deputies which may amend the Bill and sent it back to the Chamber of Nationalities for its consideration.

100. A Bill passed by one Chamber and accepted by the other Chamber shall be deemed to have been passed by both Chambers of Parliament.

101. A Bill which appropriates revenue or money for the ordinary annual services of the Government shall deal only with such appropriations.

102. Bills imposing taxation shall deal only with imposition of taxation and any provision therein dealing with any other matter shall be of no effect. 5

Money Bills

103. Money Bills shall be initiated in the Chamber of Deputies only.

104. Every Money bill passed by the Chamber of Deputies shall be sent to the Chamber of Nationalities for its recommendations.

105. (1) Every Money Bill sent to the Chamber of Nationalities for its recommendations shall, within twenty one days after it shall have been sent to the Chamber of Nationalities, be returned to the Chamber of Deputies which may accept or reject all or any of the recommendations of the Chamber of Nationalities.
(2) If such Money Bills is not returned by the Chamber of Nationalities to the Chamber of Deputies within twenty-one days or is returned within twenty-one days with recommendations which the Chamber of Deputies does not accept, it shall be deemed to have been passed by both Chambers at the expiration of twenty-one days.

106. (1)A Money Bill means a Bill which contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alternation or regulation of taxation; the imposition, for the payment of debt or other financial purposes, of charges on the revenues of the Union or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit of accounts of public money, the raising or guaranteeing of any loan or the repayment thereof; matters subordinate and incidental to these matters or any of them.
(2) In this definition the expressions “taxation”, “revenues of the Union” and “loan”, respectively, do not include any taxation, money or loan raised by local authorities or bodies for local purposes.

107. (1) The Speaker of the Chamber of Deputies shall certify any Bill which in his opinion is a Money Bill to be “a Money Bill” and his certificate shall, subject to the subsequent provisions of this section, be final and conclusive.
(2) The Chamber of Nationalities may, by a resolution passed at a sitting at which not less than two-thirds of the total members are present, request the President to refer the question whether the Bill is or is not “a Money Bill” to a Committee of Privileges.
(3) If the President in his discretion decides to accede to the request, he shall appoint a Committee of Privileges consisting of an equal number of members of the Chamber of Deputies and of the Chamber of Nationalities and a Chairman who shall be a judge of the Supreme Court.
(4) The President shall refer the question to the Committee of Privileges so appoint and the Committee shall report its finding thereon to the President within twenty-one days after the day on which the Bill was sent to the Chamber of Nationalities.
(5) The decision of the President, in his discretion, on such report shall be final.

108. If the President, in his discretion, decides not to accede to the request of the Chamber of Nationalities or if the Committee of Privileges fails to report within the time hereinbefore specified, the certificate of the Speaker of the Chamber of Deputies shall stand confirmed.

109. If one Chamber passes any other Bill, and the other Chamber rejects or fails to pass it, or passes it with amendments to which the Chamber where the Bill originated will not agree, the President shall convene a joint sitting of the two Chambers.
The members present at the joint sitting may deliberate and shall vote together upon the Bill as last passed by the Chamber where the Bill originated and upon amendments, if any; which have been made therein by the other Chamber and if the Bill with the amendments, if any, is passed by a majority of the total number of members of both Chambers present and voting, it shall be deemed to have been passed by both Chambers:
Provided that at a joint sitting –
(a) if the Bill, having been passed by one Chamber is rejected by the other Chamber and returned to the Chamber in which it originated, no amendment shall be proposed to the Bill other than such amendments, if any, as are made necessary by the delay in the passage of the Bill;
(b) if the Bill is, however, passed by the other Chamber with amendments and returned to the Chamber which it originated, only such amendments as aforesaid and such other amendments as are relevant to the matters with respect to which the Chambers have not agreed, shall be proposed to the Bill;
and the decision of the person presiding as to the amendments which are admissible under this section shall be final.

110. (1) If at any time when both Chambers of Parliament are not in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as the circumstances appear to him to require. An Ordinance promulgated under this section shall have the same force and effect as an Act of the Parliament assented to by the President.
(2) Every such Ordinances shall be laid before both Chambers of Parliament within forty-five days from the date of promulgation thereof, unless it shall have been withdrawn earlier by the President, and shall cease to operate at the expiration of fifteen days from the re-assembly of the Chamber of Deputies or the Chamber of Nationalities, whichever is later.
Provided that the President may, with the consent of both Chambers of Parliament, extend the Ordinance for such further period as may be deemed necessary.
(3) If the Ordinance shall have been withdrawn within forty-five days from the date of its promulgation, it shall be laid before the Parliament in its next ensuing session.
(4) If and in so far as an Ordinance under this section makes any provision which the Parliament would not under this Constitution be competent to enact, it shall be void. 5

Signing and Promulgation

111. (1) As soon as any Bill shall have been passed by both Chambers of Parliament, it shall be presented to the President for his signature and promulgation as an Act in accordance with the provisions of this section.
(2) Save as otherwise provided by this Constitution, every Bill so presented to the President shall be signed by him not later than seven days after the date of presentation.
(3) If any Bill is not signed by the President within seven days after the date of presentation, the same shall become an Act in the like manner as if he had signed it on the last of the said seven days.

112. (1) Every Bill signed or deemed to have been signed by the President under this Constitution shall become an Act on and from the date on which the Bill shall have been signed or be deemed to have been signed.
(2) Every such Act shall be promulgated by the President by publication under his direction in the official gazette. Every Act shall come into force on the date of such promulgation unless the contrary intention is expressed.

113. The signed texts of Acts and Ordinances shall be enrolled for record in the office of the Registrar of the Supreme Court and such signed texts shall be conclusive evidence of the provisions of such Acts and Ordinances. 5

CHAPTER VII.

THE UNION GOVERNMENT

114. The Union Government shall consist of the Prime Minister and other members appointed under section 56.

115. The Government shall be collectively responsible to the Chamber of Deputies.

116. A member of the Government who for any period of six consecutive months is not a member of the Parliament shall at the expiration of the period case to be a member of the Government.

117. (1) The Prime Minister may resign from office at any time by placing his resignation in the hands of the President.
(2) Any other member of the Government may resign from office by placing his resignation in the hands of the Prime Minister for submission to the President and the resignation shall take effect upon its being accepted by the President under the next succeeding sub-section.
(3) The President shall accept the resignation of a member of the Government, other than the Prime Minister, if so advised by the Prime Minister.

118. The Prime Minister may, at any time, for reasons which to him seem sufficient request a member of the Government to resign; should the member concerned fail to comply with the request, his appointment shall be terminated by the President if the Prime Minister so advises.

119. The Prime Minister shall resign from office upon his ceasing to retain the support of a majority in the Chamber of Deputies unless on his advice the President dissolves the Parliament under section 57 and on the re-assembly of the Parliament after the dissolution the Prime Minister secures the support of a majority in the Chamber of Deputies.

120. (1) If the Prime Minister at any time resigns from office, the other members of the Government shall be deemed also to have resigned from office, but the Prime Minister and the other members of the Government shall continue to carry on their duties until their successors shall have been appointed.
(2) The members of the Government in office at the date of dissolution of the Parliament shall continue to hold office until their successors shall have been appointed.

121. (1) All executive action of the Union Government shall be expressed to be taken in the name of the President.
(2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President.
(3) The President shall make rules for the transaction of the business of the Union Government, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the President is by or under this Constitution required to act in his discretion.
Without prejudice to the generality of the foregoing provisions the allocation of business may be regionwise as well as subjectwise.

122. Subject to the provisions of this Constitution, the executive authority of the Union extends
(a) to the matters with respect to which the Parliament has power to make laws; and
(b) to the government, in accordance with the provisions of any treaty or agreement in this behalf, of any Armed Forces not raised in the Union that may, with the consent of the Government of the Union, be stationed in the Union or placed at the disposal of the Union.

123. (1) War shall not be declared and the Union shall not participate in any war save and except with the assent of the Parliament.
(2) In case of actual or imminent invasion, however, the Government may take whatever steps they may consider necessary for the protection of the Union, and the Parliament if not sitting shall be summoned to meet at the earliest possible date.

124. The Prime Minister shall keep the President generally informed on all matter of domestic and international policy.

125. (1) The Government shall prepare estimates of receipts and estimates of expenditure of the Union for each financial year, and shall present them to the Chamber of Deputies for consideration.
(2) The procedure to be adopted in the Chambers of Parliament with respect to the submission of estimates of expenditure, the appropriation of the revenue of the Union and all matters connected therewith shall, in so far as provision is not made in that behalf by this Constitution, be regulated in accordance with law. 5

ATTORNEY – GENERAL

126. (1) The President shall appoint a person, being an advocate of the High Court, to be Attorney - General on the nomination of the Prime Minister.
(2) It shall be the duty of the Attorney – General to give advice to the Government upon legal matters and to perform such other duties of a legal character, as may, from time to time, be assigned to him by the President.

127. (1) The Attorney – General may, at any time, resign from office by placing his resignation in the hands of the Prime Minister for submission to the President.
(2) The Prime minister may, for reasons which to him seem sufficient, request the resignation of the Attorney – General.
(3) In the event of failure to comply with the request, the appointment of the Attorney – General shall be terminated by the President if the Prime Minister so advises.
(4) The Attorney – General shall resign from office upon the resignation of the Prime Minister, but may continue to carry on his duties until the successor to the Prime Minister shall have been appointed.
(5) Subject to the foregoing provisions of this Constitution, the office of the Attorney – General, including the remuneration to be paid to the holder of the office, shall be regulated by law. 5

AUDITOR – GENERAL

128. There shall be an Auditor – General to control on behalf of the Union all disbursements and to audit all accounts of moneys administered by and under the authority of the Parliament and the State Councils.

129. The Auditor – General shall be appointed by the President with the approval of both Chambers of Parliament and shall only be removed from office in the like manner and on the like grounds as a judge of the High Court. The Auditor – General shall not be a member of either Chamber of Parliament nor shall he hold any other office or position of emolument. He shall not be eligible for further office in the service of the Union or the States after he has ceased to hold office.

130. Neither the salary of the Auditor – General nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment, unless he voluntarily agrees to any reduction in his salary in the event of general economy and retrenchment in relation to all the services of the Union.

131. The Auditor – General shall submit to the Chamber of Deputies, at such periods as may be determined by law, reports relating to the accounts of the Union and the States.

132. Subject to the foregoing provisions, the terms and conditions of the office of the Auditor – General shall be determined by law. 5

CHAPTER VIII

UNION JUDICIARY

133. Justice throughout the Union shall be administered in Courts established by this Constitution or by law and by judges appointed in accordance therewith.

134. The Courts shall comprise Courts of first instance and Courts of appeal: -
(a) The Courts of first instance shall include a High Court which shall, subject to law, have original and appellate jurisdiction and power to determine all matters and questions whether of law or of fact.
(b) The head of the High Court shall be called “the Chief Justice of the High Court”.

135. (1) The High Court shall have exclusive original jurisdiction –
(a) in all matters arising under any treaty made by the Union;
(b) in all disputes between the Union and a unit or between one unit and another;
(c) in such other matters, if any, as may be defined by law.
(2) If the High Court is satisfied that a case pending in any inferior Court involves or is likely to involve substantially a question of the validity of any law having regard to the provisions of this Constitution, the High Court shall transfer the case to itself for trial.

136. (1) The Court of final appeal shall be called “the Supreme Court”.
(2) The head of the Supreme Court shall be called “the Chief Justice of the Union”.
(3) Without prejudice to the powers conferred upon the Supreme Court by any other provisions of this Constitution, the Court shall, with such exceptions and subject to such regulations as may be prescribed by law, have appellate jurisdiction form all decisions of the High Court, and shall also have appellate jurisdiction from such decisions of other Courts as may be prescribed by law.

137. No law shall be enacted excepting from the appellate jurisdiction of the Supreme Court cases which involve questions as to the validity of any law having regard to the provisions of this Constitution.

138. The decisions of the Supreme Court shall in all cases be final.

139. (1) Every person appointed a judge of the Supreme Court and of the High Court under this Constitution shall make and subscribe the following declaration: -
“I … do solemnly and sincerely promise and declare that I will duly and faithfully to the best of my knowledge and ability execute the office of the Chief Justice (or judge as the case may be) without fear or favour, affection or ill-will towards any man, and that I will uphold the Constitution and the laws.”
(2) This declaration shall be made and subscribed by the Chief Justice of the Union in the presence of the President, and by each of the other judges of the Supreme Court and of the judges of the High Court in the presence of the Chief Justice of the Union or the senior available judge of the Supreme Court.
(3) The declaration shall be made and subscribed by every judge before entering upon his duties as such judge, and in any case not later than ten days after the date of his appointment or such later date as may be determined by the President.
(4) Any judge who declines or neglects to make such declaration as aforesaid shall be deemed to have declined to accept the appointment.

140. (1) The Chief Justice of the Union shall be appointed by the President by an order under his hand and seal, with the approval of both Chambers of the Parliament in joint sitting.
(2) All the other judges of the Supreme Court and all the judges of the High Court shall be appointed by the President by an order under his hand and seal, with the approval of both Chambers of the Parliament in joint sitting.

141. All judges shall be independent in the exercise of their judicial functions and subject only to this Constitution and the laws.

142. (1) A person shall not be qualified for appointment as a judge of the Supreme Court unless he is a citizen of the Union who was or whose parents were born in any of the territories included within the Union, or unless he has been for at least five years a citizen of the Union; and
(a) has been for at least five years a judge of the High Court of Judicature at Rangoon of the High Court established under this Constitution; or
(b) is an advocate of the High Court of at least fifteen years’ standing:
Provided that a person shall not be qualified for appointment as Chief Justice of the Union unless he –
(i) is, or when first appointed to judicial office was, an advocate, and
(ii) is an advocate of at least fifteen years’ standing.
(2) A person shall not be qualified for appointment as a judge of the High Court unless he is a citizen of the Union; and
(a) is an advocate of at least ten years’ standing; or
(b) has for at least five years held judicial office in Burma or in the Union not inferior to that of a district and secession judge or Chief Judge of the Rangoon City Civil Court:
Provided that a person all not be qualified for appointment as the Chief Justice of the High Court unless he –
(i) is, or when first appointed to judicial office was, an advocate, and
(ii) an advocate of at least fifteen years’ standing.
(3) In computing for the purpose of this section the standing of an advocate, any period during which he has held judicial office after he became an advocate shall be included.

143. (1) A judge of the Supreme Court or the High Court may by resignation under his hand addressed to the President resign his office.
(2) A judge of the Supreme Court or of the High Court shall not be removed from office except for proved misbehaviour or incapacity.
(3) The charge shall be preferred by either Chamber of Parliament subject to and in accordance with the provisions of this section.
(3) A personal to either Chamber of Parliament to prefer a charge under this section shall not be entertained except upon a notice of resolution signed by not less than one-fourth of the total membership of that Chamber.
(4) A personal to either Chamber of Parliament to prefer a charge under this section shall not be entertained except upon a notice of resolution signed by not less than one-fourth of the total membership of that Chamber.
(5)No such proposal shall be adopted by either Chamber of Parliament save upon a resolution of that Chamber, supported by a majority of the members present.
(6) Where the charge relates to a judge of the Supreme Court it shall be investigated by a Special Tribunal consisting of the President or a person appointed by him in his discretion, the Speaker of the Chamber of Nationalities and the Speaker of the Chamber of Deputies.
Where the charge relates to a judge of the High Court it shall be investigated by a Special Tribunal consisting of the Chief Justice of the Union, the Speaker of the Chamber of Nationalities and the Speaker of the Chamber of Deputies.
(7) The judge against whom the charge is preferred shall have the right to appear and to be represented at the investigation of the charge.
(8) The Special Tribunal shall, after investigation, submit its report to the Chamber by which the charge was preferred. The finding of the Special Tribunal declaring that the charge has not been proved, if unanimous, shall be final. But in all other cases, the report of the Special Tribunal shall be considered by both Chambers of Parliament in joint sitting.
If, after consideration, a resolution be passed supported by a majority of the members present and voting at the joint sitting declaring that the charge preferred against the judge has been proved and that the misbehaviour was, or incapacity is, such as to render him unfit to continue in office, the President shall forthwith by an order under his hand and seal remove from office the judge to whom it relates.

144. Neither the salary of a judge of the Supreme Court or of the High Court nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment, unless he voluntarily agrees to any reduction in his salary in the event of general economy and retrenchment in relation to all the services of the Union.

145. If the office the Chief Justice of the Union or of the Chief Justice of the High Court becomes vacant, or if either of them is, by reason of absence or for any other reason, unable to perform the duties of his office, those duties shall, until some person appointed to the vacant office has entered on the duties thereof, or until the Chief Justice of the Union or of the High Court, as the case may be, has resumed his duties, be performed by such other judge of the Supreme Court or of the High Court as the President may appoint for the purpose.

146. (1) If at any time there should not be a quorum of the judges of the Supreme Court available to hold or continue any session of the Court, owing to a vacancy or vacancies, or to the absence through illness or on leave or in the discharge of other duties assigned by statute or otherwise, or to the disqualification of a judge or judges, the Chief Justice or any acting Chief Justice of the Union, or in their absence, the senior puisne judge, may in writing request the attendance at the sitting of the Court, for such period as may be necessary, of a judge of the High Court, to be designated in writing by the Chief Justice or any acting Chief Justice or in their absence the senior puisne judge of the Supreme Court.
(2) It shall be the duty of the judge, whose attendance has been so requested or who has been so designated, in priority to the other duties of his office, to attend the sittings of the Supreme Court at the time and for the period for which his attendance shall be required, and while so attending he shall possess the powers and privileges and shall discharge the duties of a puisne judge of the Supreme Court.

147. If the office of any puisne judge of the High Court becomes vacant, or if any such judge is by reason of absence, or for any other reason, unable to perform the duties of his office, the President may in his discretion appoint a person duly qualified for appointment as a judge to act as a judge of the Court, and the person so appointed shall, unless the President in his discretion thinks fit to revoke his appointment, be deemed to be a judge of the Court, until some person appointed under sub-section (2) of section 140 of this Constitution to the vacant office has entered on the duties thereof, or until the permanent judge has resumed his duties.

148. The Supreme Court and the High Court shall be courts of record and shall sit in the capital city of the Union and at such other place or places as the President may, after consultation with the Chief Justice of the Union from time to time, appoint:
Provided that one or more judges of the High Court shall sit at such place in the Shan State as the President may, after consultation with the Chief Justice of the Union from time to time, appoint.

149. Subject to the foregoing provisions of this Constitution relating to the Courts, the following matters shall be regulated in accordance with law: -
(i) The number of judges of the Supreme Court and of the High Court, the remuneration, age of retirement and pension of such judges; and
(ii) The constitution and organization of such Courts, the distribution of business among the Courts and judges, their jurisdiction and all matters of procedure.

150. Nothing in this Constitution shall operate to invalidate the exercise of limited functions and powers of a judicial nature by any person or body of persons duly authorized by law to exercise such functions or powers notwithstanding that such person or such body or persons is not a judge or a Court appointed or established as such under this Constitution.

151. (1) If at any time it appears to the President that a question of law has arisen, or is likely to raise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration, and the Court may, after such hearing as it thinks fit, report to the President thereon.
(2) No report shall be made under this section save in accordance with an opinion delivered in open Court with the concurrence of a majority of the judges present at the hearing of the case, but nothing in this sub-section shall be deemed to prevent a judge who does not concur from delivering a dissenting opinion.

152. The law declared by the Supreme Court shall, so far as applicable, be recognized as binding on, and shall be followed by, all Courts within the territories subject to the jurisdiction of the Union.

153. The Parliament may make provision by an Act for conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by under this Constitution. 5

CHAPTER IX

PART I

THE SHAN STATE

The Shan State Council

154. (1) All the members of the Parliament representing the Shan State shall constitute the Shan State Council.
(2) All the representative from the Shan State in the Chamber of Nationalities shall be elected by the Saohpas of the Shan State from among themselves. The Saohpas shall not be eligible for membership of the Chamber of Deputies.
(3) Any member of the State Council who shall have ceased to be a member of the Parliament shall be deemed to have vacant his seat in the Council, but may continue to carry on his duties until his successor shall have been elected.

155. The State Council may recommend to the Parliament the passing of any law relating to any matter in respect of which the Council is not competent to legislate.

156. When a Bill has been passed by the State Council it shall be presented to the President for his signature and promulgation. The President shall sign the Bill within one month from the presentation of the Bill, unless he refers the Bill to the Supreme Court for its decision under the next succeeding section.

157. (1) The President may, in his discretion, refer any Bill presented to him under the last preceding section to the Supreme Court for decision on the question whether such Bill or any specified provision thereof is repugnant to this Constitution.
(2) The Supreme Court, consisting of not less than three judges, shall consider the question referred to it and, after such hearing as it thinks fit, shall pronounce its decision on such question in open Court as soon as may be, and in any case not later than thirty days after the date of such reference. The decision of the majority of the judges shall, for the purposes of this section, be the decision of the Court.
(3) In every case in which the Supreme Court decides that any provision of the Bill, the subject of a reference to the Supreme Court under this section, is repugnant to this Constitution, the President shall return the Bill to the State Council for reconsideration and shall decline to sign it unless the necessary amendments shall have been made thereto.
(4) In every other case, the President shall sign the Bill and promulgate the Act as soon as may be after the decision of the Supreme Court shall have been pronounced.
(5) When the President has signed a Bill presented to him under the last preceding section whether without or after a reference to the Supreme Court, the validity of any provision of the Bill shall not be called in question on the ground that it was beyond the competence of the State Council.

158. The signed text of every Act shall be enrolled for record in the office of the Registrar of the Supreme Court and a copy of the same shall be enrolled for record in the office of the Minister for the Shan State.

159. The Head of the Shan State many from time to time summon and prorogue the State Council:
Provided that there shall be a session of the State Council once at least in every year so that a period of twelve months shall not intervene between the last sitting of the Council in one session and its first sitting in the next session. 5

GOVERNMENT OF THE SHAN STATE

160. A member of the Union Government to be known as the Minister for the Shan State shall be appointed by the President on the nomination of the Prime Minister acting in consultation with the Shan State Council from among the members of the Parliament representing the Shan State. The Minister so appointed shall also be the Head of the Shan State for the purposes of this Constitution.

161. (1) The Head of the State shall be in charge of the administration of the State that is to say, the executive authority of the State shall be exercised by the Head of the State either directly or through officers subordinate to him.
(2) Without prejudice to the generality of the provisions of the next succeeding section, the said executive authority shall extend to all matters relating to recruitment to the State civil services to postings and transfers, and to disciplinary matters relating to these services.

162. (1) Subject to the provisions of this Constitution, the executive authority of the State extends to the matters with respect to which the State Council has power to make laws, and in all such matters the decision of the Council shall be binding on the Head of the State.
(2) The Head of the State shall consult the State Council in all other matters relating to the State.
(3) In order to facilitate the communication of the decisions and the views of the State Council to the Head of the State, the Council shall at its first meeting after a general election elect from among its members or otherwise a Cabinet of State Ministers to aid and advise the Head of the State in the exercise of his functions.

163. The Head of the State shall give or cause to be given an account of his work to the State Council in each ordinary session, present or cause to be presented to the Council a report upon all matters relating to the State, and recommend for the consideration of the Council such measures as he thinks fit for promoting the general welfare.

164. (1)The Head of the State shall prepare or cause to be prepared the estimates of the receipts and of the expenditure of the State for each financial year and shall present them or cause them to be presented to the State Council for consideration.
(2) Subject to any conditions that may be imposed by the Union in respect of any contributions from the Union, the State Council shall have power to approve the budget of the State Council shall have power to approve the budget of the State; and in order to enable the President to satisfy himself that the conditions have been duly observed, such budget shall be incorporated in the Union budget.

165. Subject to the provisions of this Constitution, all matters relating to the Constitution of the State including those relating to the powers and duties of the Head of the State, of the State Council and of the Cabinet of State ministers, and their relations to each other and to the Union Government shall be determined by law. 5

PART II

THE KACHIN STATE

The Kachin State Council

166. (1) All the members of the Parliament representing the Kachin State shall constitute the Kachin State Council.
(2) Of the twelve seats in the Chamber of Nationalities six shall be filled by representatives of the Kachins and the other six by those of the non-Kachins of the Kachin State.
(3) Any member of the State Council who shall have ceased to be a member of the Parliament shall be deemed to have vacated his seat in the Council, but may continue to carry on his duties until his successor shall have been elected.

167. (1) A Bill prejudicially affecting any right or privilege which the Kachins or the non-Kachins, as a class or community, enjoyed immediately before the commencement of this Constitution, shall not be deemed to have been passed by the Council unless the majority of the members representing the Kachins or the non-Kachins, as the case may be, present and voting, have voted in its favour.
(2) If any question arises in the State Council whether a Bill is of the character described in the last preceding sub-section, the presiding officer shall take the vote of the members representing the Kachins and those representing the non-Kachins in the Council separately on such question and if a majority of either class of members vote in the affirmative, the Bill shall be deemed to be of the character mentioned.

168. The State Council may recommend to the Parliament the passing of any law relating to any matter in respect of which the Council is not competent to legislate.

169. When a Bill has passed by the State Council it shall be presented to the President for his signature and promulgation. The President shall sign the Bill within one month from the presentation of the Bill, unless he refers the Bill to the Supreme Court for its decision under the next succeeding section.

170. (1) The President may, in his discretion, refer any Bill presented to him under the last preceding section to the Supreme Court for decision on the question whether such Bill or any specified provision thereof is repugnant to this Constitution.
(2) The Supreme Court, consisting of not less than three judges, shall consider the question referred to it and, after such hearing as it thinks fit, shall pronounce its decision on such question in open Court as soon as may be, and in any case not later than thirty days after the date of such reference. The decision of the majority of the judges shall, for the purpose of this section, be the decision of the Court.
(3) In every case in which the Supreme Court decides that any provision of the Bill, the subject of a reference to the Supreme Court under this section, is repugnant to this Constitution, the President shall return the Bill to the State Council for reconsideration and shall decline to sign it unless the necessary amendments shall have been made thereto.
(4) In every other case, the President shall sign the Bill and promulgate the Act as soon as may be after the decision of the Supreme Court shall have been pronounced.
(5) When the President has signed a Bill presented to him under the last preceding section whether without or after a reference to the Supreme Court, the validity of any provision of the Bill shall not be called in question on the ground that it was beyond the competence of the State Council.

171. The signed text of every Act shall be enrolled for record in the office of the Registrar of the Supreme Court and a copy of the same shall be enrolled for record in the office of the Minister for the Kachin State.

172. The Head of the Kachin State may from time to time summon and prorogue the State Council:
Provided that there shall be a session of the State Council once at least in every year so that a period of twelve months shall not intervene between that last sitting of the Council in one session and its first sitting in the next session. 5

GOVERNMENT OF THE KACHIN STATE

173. A member of the Union Government to be known as the Minister for the Kachin State shall be appointed by the President on the nomination of the Prime Minister acting in consultation with the Kachin State Council from among the Kachin members of the Parliament representing the Kachin State. The Minister so appointed shall also be the Head of the Kachin State for the purpose of this Constitution.

174. (1) The Head of the State shall be in charge of the administration of the State; that is to say, the executive authority of the State shall be exercised by the Head of the State either directly or through officers subordinate to him.
(2) Without prejudice to the generality of the provisions of the next succeeding section, the said executive authority shall extend to all matters relating to recruitment to the State civil services, to postings and transfers, and to disciplinary matters relating to these services:
Provided that in respect of areas where the non-Kachins form the majority of the population, the Head of the State shall act only in consultation with the members representing the non-Kachins in the Cabinet in all such matters.

175. (1) Subject to the provisions of this Constitution, the executive authority of the State extends to the matters with respect to which the State Council has power to make laws, and in all such matters the decision of the Council shall be binding on the Head of the State.
(2) The Head of the States shall consult the State Council in all other matters relating to the State.
(3) In order to facilitate the communication of the decision and the views of the State Council to the Head of the State, the Council shall at its first meeting after a general election elect from among its members or otherwise a Cabinet of State Ministers to aid and advise the Head of the State in the exercises of his functions:
Provided that not less than one-half of the members of the Cabinet shall be non-Kachins.

176. The Head of the State shall give or cause to be given an account of his work to the State Council in each ordinary session, present or cause to be presented to the Council, a report upon all matter relating to the State, and recommend for the consideration of the Council such measures as he thinks fit for promoting the general welfare.

177. (1) The Head of the State shall prepare or cause to be prepared the estimates of the receipts and of the expenditure of the State for each financial year and shall present them or cause them to be presented to the State Council for consideration.
(2) Subject to any conditions that may be imposed by the Union in respect of any contributions from the Union, the State Council shall have power to approve the budget of the State; and in order to enable the President to satisfy himself that the conditions have been duly observed, such budget shall be incorporated in the Union budget.

178. The provisions of Chapter X of this Constitution shall not apply to the Kachin State.

179. Subject to the provisions of this Constitution, all matters relating to the Constitution of the State including those relating to the powers and duties of the Head of the State, of the State Council and of the Cabinet of State Ministers, and their relations to each other and to the Union Government shall be determined by law. 5

PART III

THE KAREN STATE

180. (1) The following areas, viz.,
(a) the Karenni State,
(b) the Salween District and
(c) such adjacent areas occupied by the Karens as may be determined by a Special Commission to be appointed by the President shall, if the majority of the people of these three areas and of the Karens living in Burma outside these areas so desire, form a constituent unit of the Union of Burma to be known as the Karen State, which shall thereupon have the same status as the Shan State.
(2) The procedure for ascertaining the desire of the majority in each of the case mentioned in the last preceding sub-section shall be such as may be prescribed by the law of the Union. 5
KAW-THU-LAY

181. Until the Karen State is constituted under the last preceding section, the Salween District, and such adjacent areas occupied by the Karens as may be determined by a Special Commission to be appointed by the President, shall be a Special Region to be known as Kaw-thu-lay, subject to the following provisions: -
(1) All the members of the Chamber of Deputies representing Karens shall constitute the Karen Affairs Council. They shall co-opt not more than five members of the Chamber of Nationalities representing Karens.
(2) A Member of the Union Government to be known as “the Minister for Karen Affairs” shall be appointed by the President on the nomination of the Prime Minister, acting in consultation with the Karen Affairs Council, from amongst the members of the Parliament representing Kaerns.
(3) Subject to the powers of the Union Government –
(i) the general administration of the Kaw-thu-lay Special Region and in particular all matters relating to recruitment to the civil service in Kaw-thu-lay, to postings and transfers, and to disciplinary matters relating to these services;
(ii) all matter relating to schools and cultural institutions for Karens, and
(iii) all matters affecting the special rights of the Karens under this Constitution shall be under the superintendence, direction and control of the Minister for Karen Affairs.
(4) The Karen Affairs Council shall aid and advise the Minister in the discharge of his duties.
(5) Any member of the Council who shall have ceased to be a member of the Parliament shall be deemed to have vacated his seat in the Council but he may continue to carry on his duties until his successor shall have been elected.
(6) Subject to the provisions of this Constitution, all matters relating to the powers and duties of the Minister and of the Council and their relations to each other and to the Union Government shall be determined by law. 5

PART IV

THE KARENNI STATE

182. (1) The territory heretofore known as Mongpai State in the Federated Shan States shall be acceded to the Karenni State if the majority of the people of the territory so desire.
(2) The procedure for ascertaining the desire of the majority shall be such as may be prescribed by law.

183. (1) Until the Parliament otherwise provides –
(i) The Sawphyas of Kantarawaddy, Bawlake and Kyebogyi shall represent the Karenni State in the Chamber of Nationalities;
(ii) The Saohpa of Mongpai shall also be one of the representatives of the Karenni State in the Chamber of Nationalities on the accession of Mongpai to the Karenni State under the last preceding section;
(iii) The Sawphyas and the Saohpa shall not be eligible for membership of the Chamber of Deputies.
(2) All the members of the Parliament representing the Karenni State shall constitute the Karenni State shall constitute the Karenni State Council.
(3) Any member of the State Council who shall have ceased to be a member of the Parliament shall be deemed to have vacated his seat in the Council, but may continue to carry on his duties until his successor shall have been elected.

184. The State Council may recommend to the Parliament the passing of any law relating to any matter in respect of which the Council is not competent to legislate.

185. When a Bill has been passed by the State Council it shall be presented to the President for his signature and promulgation. The President shall sign the Bill within one month from the presentation of the Bill, unless he refers the Bill to the Supreme Court for its decision under the next succeeding section.

186. (1) The President may, in his discretion, refer any Bill presented to him under the last preceding section to the Supreme Court for decision on the question whether such Bill or any specified provision thereof is repugnant to this Constitution.
(2) The Supreme Court, consisting of not less than three judges, shall consider the question referred to it and, after such hearing as it thinks fit, shall pronounce its decision on such question in open Court as soon as may be, and in any case not later than thirty days after the date of such reference.
(3) In every case in which the Supreme Court decides that any provision of the Bill, the subject of a reference to the Supreme Court under this section, is repugnant to this Constitution, the President shall return the Bill to the State Council for reconsideration and shall decline to sign it unless the necessary amendments shall have been made thereto.
(4) In every other case, the President shall sign the Bill and promulgate the Act as soon as may be after the decision of the Supreme Court shall have been pronounced.
(5) When the President has signed a Bill presented to him under the last preceding section, whether without or after a reference to the Supreme Court, the validity of any provision of the Bill shall not be called in question on the ground that it was beyond the competence of the State Council.

187. The signed text of every Act shall be enrolled for record in the office of the Register of the Supreme Court and a copy of the same shall be enrolled for record in the office of the Minister for the Karenni State.

188. The Head of the Karenni State may from time to time summon and prorogue the State Council;
Provided that there shall be a session of the State Council once at least in every year so that a period of twelve months shall not intervene between the last sitting of the Council in one session and its first sitting in the next session. 5

GOVERNMENT OF THE KARENNI STATE

189. A member of the Union Government to be known as the Minister for the Karenni State shall be appointed by the President on the nomination of the Prime Minister acting in consultation with the Karenni State Council from among the members of the Parliament representing the karenni State. The Minister so appointed shall also be the Head of the Karenni State for the purposes of this Constitution.

190. (1) The Head of the State shall be in charge of the administration of the State, that is to say, the executive authority of the State shall be exercised by the Head of the State either directly or through officers subordinate to him.
(2) Without prejudice to the generality of the provisions of the next succeeding section, the said executive authority shall extend to all matter relating to recruitment to the State civil services, to postings and transfers, and to disciplinary matters relating to these services.

191. (1) Subject to the provisions of this Constitution, the executive authority of the State extends to the matters with respect to which the State Council has power to make laws, and in all such matters the decision of the Council shall be binding on the Head of the State.
(2) The Head of the State shall consult the State Council in all other matters relating to the State.
(3) In order to facilitate the communication of the decisions and the views of the State Council to the Head of the State, the Council may at its first meeting after a general election elect from among its members or otherwise a State Minister or Ministers to aid and advise the Head of the State in the exercise of his functions.

192. The Head of the States shall give or cause to be given an account of his work to the State Council in each ordinary secession, present or cause to be presented to the Council a report upon all matters relating to the State, and recommend for the consideration of the Council such measure as he thinks fit for promoting the general welfare.

193. (1) The Head of the State shall prepare or cause to be prepared the estimates of the receipts and of the expenditure of the State for each financial year and shall present them or cause them to be presented to the State Council for consideration.
(2) Subject to any conditions that may be imposed by the Union in respect of any contributions from the Union, the State Council shall have power to approve the budget of the State; and in order to enable the President to satisfy himself that the conditions have been duly observed, such budget shall be incorporated in the Union budget.

194. Subject to the provisions of this Constitution, all matter relating to the Constitution of the State including those relating to the powers and duties of the Head of the State, of the State Council and of the State Minister or Ministers and their relations to each other and to the Union Government shall be determined by law.

195. All the provisions in this Part (Part IV of Chapter IX) shall cease to have effect if and when the Karen State is constituted under section 180. 5

PART V

SPECIAL DIVISION OF THE CHINS

196. There shall be a Special Division of the Chins comprising such areas in the Chin Hills District and the Arakan Hill Tracks as may be determined by the President.

197. (1) A Chin Affairs Council shall be constituted consisting of all the members of the Parliament representing the Chins.
(2) A member of the Union Government to be known as “the Minister for Chin Affairs” shall be appointed by the President on the nomination of the Prime Minister, acting in consultation with the Chin Affairs Council, from amongst the members of the Parliament representing the Chins.
(3) Subject to the powers of the Union Government –
(i) the general administration of the Special Division and in particular all matters relating to recruitment to the civil services in the Special Division, to postings and transfers, and to disciplinary matters relating to these services, and
(ii) all matters relating to schools and cultural institutions in the Special Divisionshall be under the superintendence, direction and control of the Minister in the discharge of his duties.
(4) The Chin Affairs Council shall aid and advise the Minister in the discharge of his duties.
(5) Any member of the Council who shall have ceased to be a member of the Parliament shall be deemed to have vacated his seat in the Council but he may continue to carry on his duties until his successor shall have been elected.

198. Subject to the provisions of this Constitution, all matters relating to the powers and duties of the Minister and of the Council and their relations to each other and to the Union Government shall be determined by law. 5

PART VI

NEW STATES

199. The Parliament may by an Act admit to the Union a new State upon such terms and conditions including the extent of representation of the State in the Parliament as may be specified in the Act.

200. The Parliament may by an Act, with the consent of the Council of every State whose boundaries are affected thereby –
(a) establish a new unit;
(b) increase the area of any unit;
(c) diminish the area of any unit;
(d) alter the boundaries of any unit;
and may, with the like consent, make such supplemental, incidental and consequential provisions as the Parliament may deem necessary or proper. 5

CHAPTER X

RIGHT OF SECESSION

201. Save as otherwise expressly provided in this Constitution or in any Act of Parliament made under section 199, every State shall have the right to secede from the Union in accordance with the conditions hereinafter prescribed.

202. The right of secession shall not be exercised within ten years from the date on which this Constitution comes into operation.

203. (1) Any State wishing to exercise the right of secession shall have a resolution to that effect passed by its State Council. No such resolution shall be deemed to have been passed unless not less than two-thirds of the total number of members of the State Council concerned have voted in its favour.
(2) The Head of the State concerned shall notify the President of any such resolution passed by the Council and shall send him a copy of such resolution certified by the Chairman of the Council by which it was passed.

204. The President shall thereupon order a plebiscite to be taken for the purpose of ascertaining the will of the people of the State concerned.

205. The President shall appoint a Plebiscite Commission consisting an equal number of members representing the Union and the State concerned in order to supervise the plebiscite.

206. Subject to the provisions of this Chapter, all matter relating to the exercise of the right of secession shall be regulated by law. 5

CHAPTER XI

AMENDMENT OF THE CONSTITUTION

207. Any provision of this Constitution may be amended, whether by way of variation, addition, or repeal, in the manner hereinafter provided.

208. (1) Every proposal for an amendment of this Constitution shall be in the form of a Bill and shall be expressed as a Bill to amend the Constitution.
(2) A Bill containing a proposal or proposals for the amendment of the Constitution shall contain no other proposals.

209. (1) Such Bill may be initiated in either Chamber of Parliament.
(2) After it has been passed by each of the Chambers of Parliament, the Bill shall be considered by both Chambers in joint sitting.
(3) The Bill shall be deemed to have been passed by both Chambers in joint sitting only when not less than two-thirds of the then members of both Chambers have voted in its favour.
(4) A Bill which seeks to amend –
(a) the State Legislative List in the Third Schedule, or
(b) the State Revenue list in the Fourth Schedule, or
(c) an Act of the Parliament making a declaration under paragraph (iv) of sub-section (1) of section 74 removing the disqualification of any persons for membership of the Parliament as representative from any of the States.
shall not be deemed to have been passed at the joint sitting of the Chamber unless a majority of the members present and voting, representing the State or each of the States concerned, as the case may be, have voted in its favour.
(5) A Bill seeks to abridge any special rights conferred by this Constitution on Karens or Chins shall not be deemed to have been passed by the Chambers in joint sitting unless a majority of the members present and voting, representing the Karens or the Chins, as the case may be, have voted in its favour.

210. Upon the Bill being passed in accordance with the foregoing provisions of this Chapter, it shall be presented to the President who shall forthwith sign and promulgate the same. 5

CHAPTER XII

INTERNATIONAL RELATIONS

211. The Union of Burma renounces war as an instrument of national policy, and accepts the generally recognized principle of international law as its rule of conduct in its relation with foreign States.

212. The Union of Burma affirms its devoting to the ideal of peace and friendly co-operation amongst nations founded on international justice and morality.

213. (1) Every international agreement to which the Union becomes a party shall be laid before the Parliament.
(2) No international agreement requiring or likely to require legislation in order to give effect thereto shall be ratified except with the approval of the parliament.
(3) No international agreement involving a charge upon the revenues of the Union shall be ratified unless the terms of the agreement shall have been approved by the Chamber of Deputies.

Explanation. – This section shall not apply to inter-governmental agreements or conventions of a technical or administrative character.

214. No international agreement as such shall be part of the municipal law of the Union, save as may be determined by the Parliament. 5

CHAPTER XIII

GENERAL PROVISIONS

215. The National Flag shall be rectangular in shape and red in colour with a canton of dark blue. In the canton shall be a five-pointed large white star with five smaller similar stars between points. One of the five points of each star, large or small, shall direct upwards. The dimensions of the Flag shall be nine feet by five feet and the canton shall be four feet by two an a half feet. The size of the large star shall be such that a circle drawn through the five points shall have a diameter of eighteen inches and the smaller stars nine inches. National Flags of other sizes shall conform as nearly as possible to the above proportions.

216. The official language of the Union shall be Burmese, provided that the use of the English language may be permitted.

217. Two copies of the Constitution shall be made, one in the Burmese language and the other in the English language, both copies to be signed by the President of the Constituent Assembly and enrolled for record in the office of the Registrar of the Supreme Court. Such copies shall be conclusive evidence of the provisions of this Constitution.

218. No certificate, licence or other form of authorization for the operation of any public utility service shall be granted by the Union or by a State except to –
(i) organizations controlled by the Union or by a State or by local authorities, or
(ii) citizens of the Union, or
(iii) companies or other associations organized under the laws in force in the Union, not less than sixty per cent of whose capital is owned by the Union or by any State or by any local authority or by citizens of the Union;
nor shall such certificate, licence or authorization be granted by the Union or by a State to any individual, firm or company for a longer period than twenty-five years and except under the condition that it shall be subject to amendment, alternation or repeal by law when the public interest so requires.

219. All timber and mineral lands, forests, water, fisheries, minerals, coal, petroleum and other mineral oils, all sources of potential energy and other natural resources shall be exploited and developed by the Union; provided that subject to such specific exceptions as may be authorized by an Act of Parliament in the interest of the Union, the Union may grant the right of exploration, development or utilization of the same to the citizens of the Union or to companies or associations at least sixty per cent of the capital of which is owned by such citizens:
Provided further that no such right shall be granted by the Union except under the condition that it shall be subject to amendment, alternation or repeal by the Parliament when the public interest so requires.
No certificate, licence, or other form of authorization for the exploitation, development or utilization of any of the aforesaid natural resources of the Union shall be granted in future for a period exceeding twenty-five years.

220. Subject to such specific exceptions as may be authorized by an Act of Parliament in the interest of the Union, the Union shall not grant any agricultural land for the exploitation, development or utilization to any persons other than the citizens of the Union.

221. The Parliament shall, be law, set up a Public Service Commission to assist the Union Government in matters relating to recruitment to the civil services of the Union, and to advise in disciplinary matters affecting the services. The composition, powers and functions of the Commission and the terms of service of its members shall be defined by an Act of the Parliament. 5

INTERPRETATION

222. (1) In this Constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them that is to say, -
“Burma” has the same meaning as in the Government of Burma Act, 1935;
“Existing law” means any law, Ordinance, Order, bye-law, rule or regulation passed or made before the commencement of this Constitution by any legislature, authority or person in any territories included within the Union of Burma being a legislature, authority or person having power to make such law, Ordinance, Order, bye-law, rule or regulation;
“Saohpa” or “Sawphya” means, in the event of any dispute, the person recognized as such by the President in accordance with the rules of succession applicable;
“Unit” means –
(a) any State forming a constituent unit of the Union of Burma;
(b) all the territories of the Union of Burma not forming part of any State.
(2) In Chapter VI, VII, X, XI and XIII and in Third and Fourth Schedules, the term “State” means, save where a contrary intention appears, the Shan State, the Kachin State, the Karenni State or any new State that may be constituted under Part VI of Chapter IX.
(3) Save where a contrary intention appears, the provisions of the Burma General Clauses Act shall extend to the interpretation and application of this Constitution. 5

CHAPTER XIV

TRANSITORY PROVISIONS

223. All rights, authority, jurisdiction and prerogative heretofore belonging to His Britannic Majesty which appertain or are incidental to the government of the territories in Burma for the time being vested in him by virtue of the Government of Burma Act, 1935, or otherwise, and all rights, authority, jurisdiction and prerogative exercisable by him by treaty, grant, usage, sufferance or otherwise in, or in relation to, any other territories in Burma, are hereby declared to belong to the Union:
Provided that any prerogative which subsisted in His Britannic Majesty and was exercisable by him in or in respect of British Burma immediately before the commencement of this Constitution shall cease to be exercisable as such by any authority in the Union.

224. All rights and assets which immediately before the commencement of this Constitution were vested in His Britannic Majesty or any other authority for the purposes of the government of Burma and the Karenni States shall, as from the commencement of this Constitution, be vested in the Union Government.
In particular, all forests and all mineral and other wealth underground, the waters including mineral and medicinal waters, the sources of natural power, the rail transport, posts, telecommunications and broadcasting shall be from the commencement of this Constitution the property of the Union.

225. (1) Any proceedings relating to contracts or liabilities which, if this Constitution had not come into operation, might have been brought against the Government of Burma, may be brought against the Union Government.
(2) The Union of Burma may sue and be sued by the name of the Union of Burma.
(3) If at the date of the coming into operation of this Constitution any legal proceedings are pending to which the Government of Burma is a party, the Union Government shall be deemed to be substituted in those proceedings for the Government of Burma.

226. (1) Subject to this Constitution and to the extent to which they are not inconsistent therewith, the existing laws shall continue to be in force until the same or any of them shall have been repealed or amended by a competent legislature or other competent authority.
(2) The President of the Union may, by Order provide that as from such date as may be specified in the order any existing law shall, until repealed or amended by the Parliament or other competent authority, have effect subject to such adaptations and modifications as appear to him to be necessary or expedient with due regard to the provisions of this Constitution.

227. The Union shall honour all legitimate obligations arising out of any treaties or agreements which immediately before the commencement of this Constitution were in force between the Government of Burma, or His Britannic Majesty or His Majesty’s Government in the United Kingdom acting on behalf of the Government of Burma, and the Head of Government of any other State, provided that such other State honours any reciprocal obligations towards the Union.

228. All Courts existing at the date of the coming into operation of this Constitution shall continue to exercise their jurisdiction until new Courts are established by law in accordance with this Constitution. All cases, civil, criminal and revenue, pending in the said Courts, shall be disposed of as if this Constitution had not come into operation.

229. All persons who were in the service of the Government of Burma immediately before the coming into operation of this Constitution shall continue in service until the Union Government provide otherwise.

230. For the purpose of removing any unforeseen difficulties, particularly in relation to the transition from the provisions of the Government of Burma Act, 1935, to the provisions of this Constitution, the President of the Union may by Order direct that this Constitution shall during such period as may be specified in the Order have effect subject to such amendments, whether by way of variation, addition or repeal, as he may deem to be necessary or expedient. No such Order shall be made under this section after the first meeting of the Union Parliament duly constituted under Chapter VI; and so such Order shall be made unless it is approved by a resolution passed by this Constituent Assembly exercising the powers of both Chambers of Parliament under the provisions of the next succeeding section.

231. (1) Until the first meeting of the Union Parliament duly constituted under Chapter VI, this Constituent Assembly shall itself exercise all the powers, discharge all the duties and enjoy all the privileges of both Chambers of Parliament.
(2) Such person as the Constituent Assembly shall have elected in this behalf shall be the Provisional President of the Union until a President has been duly elected under Chapter V and shall exercise all the powers and discharge all the duties conferred or imposed upon the President by this Constitution.
A period of service as Provisional President shall not count as a term of service for the purposes of sub-section (2) of section 48.
(3) Such persons as shall have been elected in this behalf by the Constituent Assembly shall be the Prime Minister and other members of the Provisional Union Government, until the President duly elected under Chapter V has appointed other persons in accordance with the provisions of section 56.

232. (1) Until the first meeting of the Union Parliament duly constituted under Chapter VI
(a) all the members of the Constituent Assembly representing the Federated Shan States shall constitute the Provisional Shan State Council;
(b) all the members of the Constituent Assembly representing the Myitkyina and Bhamo Districts shall constitute the Provisional Kachin State Council;
(c) all the members of the Constituent Assembly representing the Karens shall constitute the Provisional Karen Affairs Council;
(d) all the members of the Constituent Assembly representing the Karenni State and such other persons from the Karenni State and such other persons from the Karenni State not exceeding two as may be nominated by the Provisional President shall constitute the Provisional Karenni State Council; and
(e) all the members of the Constituent Assembly representing the Chin Hills District and the Arakan Hill Tracts shall constitute the Provisional Chin Affairs Council.
(2) Each of the aforesaid Provisional Councils shall exercise all the powers and discharge all the duties of the corresponding Council constituted under Chapter IX.

233. The first general elections under this Constitution shall be held within eighteen months from the date of the coming into operation of this Constitution.

234. This Constitution shall come into operation on such date as the Provisional President may announce by proclamation not being later than the eighth day of Kason waxing, 1310 B.E. (fifteenth day of April, 1948 A.D.) 5

FIRST SCHEDULE

FORM OF OATH OR AFFIRMATION

(See Section 72.)

I ..................... having been chosen a member of the Chamber of Deputies/Nationalities do solemnly swear (affirm) that I will maintain the Constitution of the Union and uphold its laws, and that I will faithfully discharge the duty upon which I am about to enter. 5

SECOND SCHEDULE

COMPOSITION OF THE CHAMBER OF NATIONALITIES

(See section 87)

Of the 125 seats in the Chamber of Nationalities –

(a) twenty-five seats shall be filled by representatives from the Shan State;

(b) twelve seats shall be filled by representatives from the Kachin State;

(c) eight seats shall be filled by representatives from the Special Division of the Chins;

(d) three seats shall be filled by representatives from the Karenni State;

(e) twenty-four seats shall be filled by representatives of Karens;

(f) fifty-three seats shall be filled by representatives form the remaining territories of the Union of Burma. 5

THIRD SCHEDULE

LIST I. UNION LEGISLATIVE LIST

(See Section 92 [1])

1. Defence: that is to say, the defence of the Union and of every part thereof, including generally all preparations for defence as well as all such acts in times of war as may be conducive to its successful prosecution and to effective demobilisation after its termination, and in particular –

(1) The raising, training, maintenance and control of Naval, Military and Air Force and employment thereof for the defence of the Union and the execution of the laws of the Union and the States.
(2) Defence Industries.
(3) Naval, Military and Air Forces Works.
(4) Local self-government in cantonment areas, the constitution and powers within such areas of cantonment authorities, the regulation of house accommodation in such areas and the delimitation of such areas.
(5) Arms, fire-arms, ammunition and explosives.
(6) Atomic energy, and mineral resources essential to its production.
(7) Conduct of War.

2. External Affairs: (1) Diplomatic, consular and trade representation.
(2) United Nations Organization.
(3) Participation in international conferences, associations and other bodies and implementing of decisions made threat.
(4) The declaration of war and conclusion of peace.
(5) The entering into and implementing of treaties and agreement with other countries.
(6) Regulation of trade and commerce with foreign countries.
(7) Foreign Loans.
(8) Citizens; aliens; acquisition and termination of citizenship.
(9) Extradition.
(10) Passports and visas.
(11) Foreign jurisdiction.
(12) Admiralty jurisdiction.
(13) Piracies, offices committed on the high seas and offences committed in the air against the law of nations.
(14) Admission into, and emigration and expulsion from, the Union.
(15) Fishing and fisheries beyond territorial waters.
(16) Important and export across customs frontiers as defined by the Union Government.

3. Communications: (1) Port and inter-unit quarantine; seamen’s and marine hospital and hospital connected with port quarantine.
(2) Airways.
(3) Highways and waterways declared by the Union to be Union highways and waterways.
(4) Shipping and navigation as regards mechanically propelled vessels on inland waterways declared by the Union to be Union waterways; the rule of the road on such waterways; carriage of passengers and goods on such waterways.
(5) Railways.
(6) Maritime shipping and navigation, including shipping land navigation on tidal waters.
(7) Major ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of port authorities therein.
(8) Aircraft and air navigation; the provision of aerodromes; regulation and organization of air traffic and of aerodromes.
(9) Carriage of passengers and goods by sea or by air.
(10) Lighthouse, including lightships, beacons and other provisions for the safety of shipping and aircraft.
(11) Posts and telegraphs, telephones, wireless, broadcasting and other like forms of communication.

4. Finance: (1) The borrowing of money on the credit of the Union.
(2) Duties of customs including export duties.
(3) Duties of excise excluding those enumerated in the State Legislative List but including taxes on the production, consumption and sale of electricity.
(4) Taxes on the sale of goods.
(5) Taxes on companies.
(6) Taxes on income.
(7) Taxes on the capital value of the assets of individuals and companies.
(8) Taxes on the capital of companies.
(9) Estate duty and duties in respect of succession to property.
(10) Excess Profits Tax.
(11) Savings Bank.
(12) Stamp duty in respect of bills of exchange, cheques, promissory notes and other documents.
(13) Terminal taxes on goods or passengers carried by railway, sea or air.
(14) Taxes on railway fares and freights.
(15) Fees in respect of any of the matters in this list but not including fees taken in any Court subordinate to the High Court.

5. General: (1) The Reserve Bank; banking including incorporation of banks, and the issue of paper money.
(2) Currency, coinage and legal tender.
(3) Enquiries, surveys and statistics for the purpose of the Union.
(4) Acquisition of property for the purposes of the Union.
(5) Any Museum, Library or other institutions declared by Union law to be of national importance.
(6) Union agencies and institutes for the following purposes, that is to say, for research, for professional or technical training, or for the promotion of special studies.
(7) Census.
(8) Union Services.
(9) Elections to the Union Parliament subject to the provisions of the Constitution.
(10) Emoluments and allowances of the President, the salaries and allowances of the Prime Minister and other members of the Union Government, the salaries of the Speaker and the Deputy Speaker of the Chamber of Nationalities; the salaries of the Speaker and the Deputy Speaker of the Chamber of Deputies; the salaries, allowances and privileges of members of the Union Parliament.
(11) Public debt of the Union.
(12) Criminal Law and Procedure.
(13) Civil Law and Procedure including in particular the laws relating to – infants and minors; adoption; transfer of property; trusts and trustees; contracts; arbitration; insolvency; actionable wrongs; lunacy.
(14) Law of Evidence.
(15) Legal, medical and other professions.
(16) Newspapers, books and printing presses.
(17) Poisons and dangerous drugs.
(18) Mechanically propelled vehicles.
(19) Factories.
(20) Welfare of labour; conditions of labour; employers’ liability and workmen’s compensation; health insurance; old age pensions.
(21) Unemployment insurance.
(22) Trade Unions; industrial and labour disputes.
(23) Electricity.
(24) Insurance.
(25) Company Law.
(26) Cheques, bills of exchange, promissory notes and other like instruments.
(27) Copyright; inventions; patents; trade marks and merchandise marks; trade designs.
(28) Planning.
(29) Regulation of land tenures, including the relation of landlord and tenant and the collection of rents; transfer, alienation and devolution of land.
(30) Ancient and historical monuments; archeological sites and remains.
(31) Standard weight and measures.
(32) Opium, except as to excise duties thereon.
(33) Petroleum and other liquids and substances declared by Union law to be dangerously inflammable.
(34) Development of industries, where development under Union control is declared by Union law to be expedient in the public interests.
(35) Co-operative societies.
(36) Regulation of forests, mines and oil-fields (including labour and safety in mines and oil-fields) and mineral development.
(37) Migration within the Union.
(38) Jurisdiction and powers of all courts with respect to any of the matters enumerated in this list.
(39) Offences against laws with respect to any of the matters in this list.
(40) Any other matter not enumerated in List II. 5

LIST II

STATE LEGISLATIVE LIST

[See Section 92 (2)]

1. Constitutional Affairs: (1) The constitution of the State, subject to the provisions of this Constitution.
(2) State Public Services and State Public Service Commission.
(3) State pensions, that is to say, pensions payable by the State or out of the State Revenues.
(4) The salaries of the State Ministers, and of the Chairman of the State Council; salaries, allowances and privileges of the members of the State Council.

2. Economic Affairs: (1) Agriculture; cattle pounds and the prevention of cattle trespass.
(2) Fisheries within the State.
(3) Land; Land revenue; land improvement and agricultural loans; colonization; encumbered and attached estates; treasure trove.
(4) Works, lands and building vested in or in the possession of the State.
(5) Markets and fairs.
(6) Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage, but excluding inter-unit rivers and water-courses.
(7) Capitation and Thathameda taxes.
(8) Duties of excise on the following goods manufactured or produced in the State and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in the Union: -
(i) Opium.
(ii) Indian hemp and other narcotics; non-narcotics drugs.
(iii) Medicinal and toilet preparations containing alcohol or any substance included in item (ii) or (iii) above.
(iv) Alcoholic liquors for human consumption.
(9) Taxes on trades and employments.
(10) Taxes on animals and boats.
(11) Taxes on entertainments, amusements, betting and gambling.
(12) Tolls.

3. Security: (1)Public order (but not including the use of naval, military or air forces of the Union).
(2) Police including Village Police.
(3) The administration of justice; constitution and organization of all Courts subordinate to the High Court, and fees taken therein; preventive detention for reasons connected with the maintenance of public order; persons subject to such detention.
(4) Jurisdiction and powers of all Courts subordinate to the High Court, with respect to any of the matters enumerated in this list.
(5) Prisons; persons detained therein; arrangements with other units for the use of prisons and other institutions.
(6) Offences against laws with respect to any of the matters enumerated in this list.

4. Communications: (1) Roads, bridges, ferries and other means of communication other than such as extend beyond the borders of the State.
(2) Municipal tramways; rope-ways.
(3) Inland waterways and traffic thereon.
(4) Local works and undertakings within the State other than railways, subject to the power of the Union Parliament to declare any work a national work and to provide for its construction by arrangement with the State Council or otherwise.

5. Education: (1) Education excluding, for a period of ten years from the commencement of this Constitution and thereafter until the Union Parliament otherwise provides, University, higher technical and professional education.
(2) All educational institutions controlled or financed by the State.
(3) Libraries, museums and other similar institutions controlled or financed by the State.
(4) Theaters, dramatic performances and cinemas, but not including the sanction of cinematographic films for exhibition.

6. Public Health: (1) Public Health and sanitation.
(2) The establishment, maintenance and management of hospitals, asylums and dispensaries.
(3) Registration of births, deaths and marriages.
(4) Burials and burial grounds.

7. Local Government: (1) Municipalities and other local authorities for the purpose of local self-government or village administration.
(2) Charities and charitable institutions.

8. General: (1) Relief of the poor.
(2) Enquiries and statistics for the purpose of any of the matters enumerated in this list.
(3) Generally all matters which in the opinion of the President are of a merely local or private nature in the State. 5

FOURTH SCHEDULE

STATE REVENUE LIST

[See Section 96]

1. Land Revenue: (i) Land revenue proper.
(ii) Rents and fees of fisheries.
(iii) Royalty on petroleum.
(iv) Royalty on minerals and taxes on mineral rights.
(v) Royalty on rubber.
(vi) Capitation and Thathameda taxes.

2. Duties of Excise on the following goods manufactured or produced in the State and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in the Union: (i)
Alcoholic liquors for human consumption
(ii) Opium.
(iii) Indian hemp and other narcotics; non-narcotic drugs.
(iv) Medicinal and toilet preparations containing alcohol or any substance included in item (ii) or (iii) above.

3. Fees taken in Courts subordinate to the High Court.

4. Forests.

5. Registration.

6. Taxes on trades and employments.

7. Taxes on animals and boats.

8. Taxes on entertainments, amusements, betting and gambling.

9. Taxes under the State Motor Vehicles Taxation Acts.

10. Irrigation dues.

11. Interests on advances made from the State revenues and on State investment.

12. Contributions from component parts to the State.

13. Contributions from the Union.

14. All fees, fines, sale proceeds and rents of property belonging to the State, recoveries of over-payments and payments for services rendered in connection with any or all matters enumerated above and also in connection with the following: -
(a) Administration of justice.
(b) Jails and convict settlements.
(c) Police.
(d) Education.
(e) Medical.
(f) Public health.
(g) Agriculture.
(h) Veterinary.
(i) Co-operative societies.
(j) Registration of births, deaths and marriages.
(k) Civil works.
(l) Receipts in aid of superannuation of State employees.
(m) Stationery and printing.
(n) Unclaimed deposits.
(o) Treasure trove.
(p) Tolls.
(q) Extraordinary receipts. 5

Attachment အရွယ်အစား
1947 Constitution in Burmese.PDF 297.68 ကီလိုဘိုက်

The Story of the Constitution

Part. I. THE STORY OF THE CONSTITUTION

I. ANNEXATION AND BRITISH RULE
I. Death of a Dynasty
2. Pacification 3
3. Education and Ideas 7
4. YMBA enters Politics 10
5. The GCBA 15
6. Dyarchy 17
7. The ‘Saya San, Rebellion 21
8. Separation from India 26
9. The Government of Burma Act 30
10. Young Heralds of a New Age 34
II. The ‘Year of Revolution’ 38
12. The Coming of War 42

II. WAR AND JAPANESE OCCUPATION
1. Burma independence Army 48
2. Military Administration 54
3. Independence 58
4. Resistance 62

Ill. LIBERATION AND FULFILMENT
t. Return to Rangoon 68
2. Aung San and the AFPFL 73
3. The Rise of Hope 78
4. Drafting the Constitution 79
5. Fulfilment

Part. II. THE CONSTITUTION AT WORK
I. FORM OF STATE
The Choice of Democracy 91
II. FUNDAMENTAL RIGHTS
1. Citizenship 94
2. Equality and Freedom 97
3. Religious Freedom 98
4. Economic Rights 99
5. Constitutional Remedies 100

III. PEASANTS AND WORKERS
x. Land Nationalization 107
2. Workers

IV. DIRECTIVE PRINCIPLES OF STATE POLICY
1. ‘Pyidawtha’ 111
2. Economic Planning 113
3. Science and Culture 114

V. THE PRESIDENT
1. The First Citizen 116
2. Powers and Privileges 118

VI. PARLIAMENT
r. The Popular Will 122
2. Law-making 124
3. Powers and Privileges

VII. THE UNION GOVERNMENT
1. Political Parties 129
2. Legal Structure 134
3. The Attorney-General 135
4. The Auditor-General 137
5. The Services 137
6. The Defence Services 142

VIII. THE UNION JUDICIARY
1. Independence of the Judiciary 148
2. Organization and Functions 157

IX. THE STATES
1. The Choice of Federation 169
2. The Shan State 176
3. The Kachin State 179
4. The Karen State 181
~. The Kayah State 187
6. The Chin Special Division 188
7. New States 190
8. Secession 193

X. AMENDMENT OF THE CONSTITUTION 195
XI. INTERNATIONAL RELATIONS
1. The Ideal 197
2. The Law 197
3. The Practice 199
IX

XII. GENERAL PROVISION S
1. The National Flag 206
2. Official Language 206
3. Foreign Capital 208
4. The Public Service Commission 209
5. Interpretation 209

XIII. TRANSITORY PROVISIONS
x. State Succession 211
2. Provisional Matters 212

EPILOGUE 214

POSTSCRIPT 217

Appendices 219
I. Opinion of the Law Officers of the Crown on Annexation of Burma 221
II. The constitution of Burma under Japanese occupation 223
III. The Panglong Agreement. 1947 229
IV. Draft constitution approved by the AFPFL convention, May,1947 231
V. Members of the constitution drafting committees, and staff, Constituent Assembly 251
VI. Prime Minister U Nu’s motion in the Constituent Assembly to 254
adopt the constitution September 24, 1947
VII. The Constitution of the Union of Burma, with amendments 258
VIII. The Constitution Amendment Act, 1951 309
IX. Chronology of Events 312

Index 318

PART ONE

THE STORY OF THE CONSTITUTION

CHAPTER I

ANNEXATION AND BRITISH RULE

I. DEATH OF A DYNASTY

Rivalry with the French and fear of the expanding power of America in China drove the British to annex the remaining territories of the Kingdom of Burma in November 1885. The immediate causes were the needed excuses. The real reason was that the businessmen in London and the commercial and industrial centres of Britain and in Rangoon were lured by the faraway and fabled treasures of China which they thought they would reach by overland routes through Burma. If the French established their influence on the Burmese court at Mandalay and ousted the British, then the treasures would be wrested beyond British reach forever. Or the Americans, fast-goers, might get there first. Thus compelled, the British armies marched into Mandalay and King Thibaw and his Queens were taken into exile in India and Burma became en­tirely British. The British had made their declarations of lofty motives to save the Burmese from their despotic King and give the people a good government, but they did not find their reception by the people in Mandalay enthusiastic.
There was not much organized military opposition, true enough, but the Burmese armies did not surrender: they melted away or scattered in small defiant groups which roamed the country and fought as guerrilla bands. When the news broke in the city that Thibaw and his entourage (N.1) were to be carted away like common criminals to the waiting ship, Thooriah (‘The Sun’), and then exiled to alien lands, people lined the streets and wept. The Sawbwa of Yawnghwe with five hundred men, all armed with words, gathered in the Mahamyatmuni Pagoda to lay an ambush and rescue the royal captives. (N.2) But the British got wind of this and took a different route to the ship, and on that day of doom, December 3, 1885, King Thibaw, deprived of throne, was taken away from his people and his land. In Rangoon he and his family and en­tourage were transferred to H.M.S. Canning which sailed for Madras on December 15. Thus the Burmese dynasty that Alaungpaya built gave an agonised gasp and died.
For the first few months after taking Mandalay, the British toyed with several alternatives for the future administration of upper Burma. There was an idea of continuing the Kingdom under an amenable prince, but the British could not find a prince who would have the stature to command the confi­dence of the people and yet be weak enough to play to British tunes. Another alternative was to rule through the Hluttczw, which was the Privy Council to the King as well as the Supreme Court. But the Hluttaw, after Thibaw’s departure. was neither co-operative nor effective. Under Thibaw there were three senior Ministers on that Council, six A twin Wuns — Secretaries or junior Ministers — and sixteen Wundauks or officials. The Kinwunmingyi U Gaung, who had led missions to Europe, was the Prime Minister. His knowledge of the world and his own wisdom had convinced him that fighting the British would be futile. But the Queen Supayalat and the Taingda Mingyi were for war. ‘Popo (grandfather),’ she was reported to have rebuked the Kinwun­mingyi on the eve of the war, ‘you may wear a hiamein (woman’s skirt) and take a kyaukp yin (a circular piece of stone on which Burmese ladies make their cosmetic called thanaka).’ The other Minister was the Taungdwin Mingyi who was in charge of finance. After the collapse of the Kingdom, the Hluttaw also collapsed.(N.3)
The British, in considering the alternatives for the future of upper Burma, had one problem: the treaties which King Thibaw had contracted with France and some European powers. Those with France were substantial; the others expressed sentiments of friendship only. The question was what effect the annexation would have on the treaties and what should be done with the administration of upper Burma to avoid complications. The Law Officers of the Crown in London were asked to advise, and in an opinion dated December x8, 1885. (N.4) they reported that the annexation had given the Crown the right to extinguish the independent existence of the State of Upper Burma; that if the Crown thought fit to exercise the right, all treaties which King Thibaw or his predecessors might have made with foreign powers would cease to exist; that Her Majesty’s Government should inform the foreign powers concerned that the treaties had ceased to exist; that the ter­ritories acquired by annexation could be administered during the pleasure of Her Majesty by officers under her immediate orders, and if the Viceroy of India was to perform this duty he should be furnished with special authori­ty and instructions in that behalf; that a special notification should be pub­lished by Her Majesty’s Government that Upper Burma had now, by conquest, become part of Her Majesty’s dominions, in order to prevent foreign powers from contending that the annexation was a mere military occupation and
not a conquest, and that the sovereignty of King Thibaw was suspended rather than extinguished and treaties likewise.
The conquest was accordingly proclaimed by Lord Dufferin, the Viceroy of India on January 1, 1886:
‘By Command of the Queen-Emperor, it is hereby notified that the ter­ritories governed by King Thibaw will no longer be under his rule, but have become part of Her Majesty’s Dominions, and will during Her Majesty’s pleasure be administered by such officers as the Viceroy and Governor-General of India may from time to time appoint.’
Thus all Burma came under British rule and, for convenience of adminis­tration, was made an appendage to India. Half a century was to pass before the British rulers discovered that ‘Burma was not India’ and that perhaps she should have her own separate identity.

2. PACIFICATION
Most of Lower Burma had fallen under the British in the two Anglo-Burmese Wars fought in 1824 and 1852. The administration of the annexed territories was placed at first under the Commissioners for Pegu, Arakan, and Tenas­serim, who were responsible, separately, to the Governor-General in India. The laws were made in India and applied in British Burma with suitable adaptations. The genius of district officers who kept the peace, collected revenue, and administered justice as well, often made the application of the laws into adventures in adaptation and improvisation. The personal laws of the people were preserved and used in questions of succession,(N.5) inheritance, marriage or caste, or any religious usage or institution.’ To ascertain what the laws were on a certain question was the problem, for there were no codes and the ancient customs and usages were to be found in legal treatises and chronicles which differed much on essential points, or in the memories of learned men which could be neither fully accurate nor ever indelible.
In 1862, a Chief Commissioner was appointed for British Burma under whose charge the Commissioners’ divisions were consolidated. After the proclamation of January 1, 1886, Upper Burma together with the Shari states, was incorporated in British Burma. Four Commissioners’ divisions were made out of Upper Burma, with seventeen administrative districts in all. Lower Burma too was reorganized into four divisions and twenty districts. Each district was placed under an Assistant Commissioner, later called Deputy Commissioner; the Divisions were under the charge of Commissioners. With the addition in the district set-up of the police and a few basic require­ments of government, the administrative pattern was complete.The hier­archy quickly took shape and life: in the village, the headman; in the town­ship, the township officer or Myo-ok; a few townships form a subdivision under a subdivisional officer; then the district, the division, and the centre of gravity of government in British Burma which was the Chief Commissioner and his Secretariat in Rangoon. The British officers formed a cadre known as the ‘Burma Commission’ which drew two-thirds of its recruits from the Indian Civil Service, and the remaining one-third from nominees from other services such as the Army, Police, or non-officials. The Burma Commission functioned till 1922 when the whole cadre was reserved for the Indian Civil Service. (N.6) Except for the substitution of Burmans for British officials, the administrative pattern — even the territorial division into districts and divisions — has remained practically unaltered till the present time. Accusations have been made, most persistently immediately after Burma’s attainment of inde­pendence, that the government machinery is bureaucratic, and the entire system is ‘colonial’, but no constructive and far-reaching reforms have yet been introduced.
The British brought law and order and the liberal ideas which were then stirring in Europe. Government was certain and centralized. ‘The British are earnest and truthful; their ‘yes’ is a ‘yes’ and their ‘no’ a ‘no.’ In this respect, the British Government presents a wide contrast to the late Government of Thibaw. An old Burmese lady tells us that when he was on the throne, there was a regular confusion of authority. In the first instance the Hluttaw would pass a certain decree. On appeal through the Taingda or Yanaung, this decree would be upset by the King, but only to be upheld by the Chief Queen. But now, she adds, people can rely on the word of their new Government.’ Thus did an official observe in Mandalay soon after the annexation.(N.7)
The British officials made diligent research into the customary laws of the peoples and their ways of life: the Notes on Burmese Buddhist Law, prepared and published in 1882 by Sir John Jardine, the Judicial Commissioner of British Burma; the translation of the Laws of Menoo made by Dr. D. Richardson, Principal Assistant to the Commissioner of Tenasserim, and published in 1896; a study on the Sources and Development of Burmese Buddhist Law, by Dr. F. Forchhammer. which won the Jardine prize in 1885; and the Digest of Burmese Buddhist Law prepared by Kinwunmingyi U Gaung at the instance of Sir G. D. Burgess, the Judicial Commissioner for Upper Burma, and published in two volumes in 1908, are some of the important results.
The officials also kept their diaries and wrote their reports and Gazetteers which are today valuable mines of information on practically all aspects of life in the different parts of Burma of those times. Some British officials saw things in a rosy hue: thus Fielding-Hall’s books,(N.8) for example, describing the Burman at home, and Buddhism, were tender and loving and a little romantic. Coming in the next few decades were men of the Indian Civil Serv­ice, like Maurice Collis who served and observed and wrote his stories of Burma with an understanding that won Burmese hearts.(N.9) Like Bernard Winthorp Swinthinbank, a great democrat who was fond of the Burmese and worked among and mixed with them naturally — and is still remembered, fondly as ‘Uncle’ by Burmese intellectuals who, as young men, were inspired by him — ‘highly sympathetic to Burmese aspirations for a national govern­ment,’ while at the same time being a ‘loyal, obedient and extremely capable servant of the government which held the people in political subjection.’(N.10) Or J. S. Furnivall who, as a retired I. C. S. official, helped to start the Burma Book Club, the Burma Research Society and the World of Books magazine, and helped young Burmans to learn and think and express themselves; Furnivall came back to Rangoon after the Second World War from Cam­bridge, and has since been adviser and guide to the young men he had trained who now lead the country. Or the poet Gordon Luce, professor, lover of art, and inspirer of young Burmese artists.’(N.11)
The British bureaucracy was not, therefore, completely devoid of human warmth. Many of the officials gave more to the country than their official duties demanded; they were perhaps romantics or eccentrics, but they were not a \vhittle less British for loving Burma, for they did not forsake Britain for Burma, never went native, but shared with the Burmese the joys and benefits of the wisdom and art and new thinking of old Britain.
There were, of course, the bureaucrats who stood majestically aloof from the people they ruled; the men of the business houses who were still the power behind the bureaucrats, and whose main concern was to have a peaceful country in which they could do their business and reap the profits. But even that bureaucracy which was so aloof from the people and so impersonal in its rule, had, inherent in itself, the seeds of Burma’s freedom. There was the guilt complex that always lurked in the mind of the British official. He had been taught the minimum standards of social behaviour as a boy in his Sunday School; he must not steal, he must not rob, he must not tell lies; and his being a ruler in Burma which only recently had belonged to the Burmese, did not quite satisfy the social standards that had become part of his being. The justice and the rule of law that he helped to establish in Burma were not, therefore, mere systems and methods, but a tradition built with the dedica­tion of atonement.
The rule of law and liberalism had become habits with the British by the time they came to rule Burma. Thus while for the first five years after annexation military force was used liberally to stamp out nationalist re­sistance and lawlessness, the policy was from the start to establish a liberal government and conditions in which trade could flourish. Military operations were expensive, so were unsettled conditions in which trade withered. And the British Government at home, and in India, were financed by businessmen who had a sharp sense of profit and loss. Thus, the British military expeditions, while displaying force to suppress and strike fear on the one hand, always tried to persuade and win cooperation on the other.
There still lives an old chief named Khup Lian in Lopei village in the Northern Chin Hills’ Siyin Valley, so old that he does not remember any­more how old he is, but whose memory is fresh and clear of the resistance that the Chins offered to the British after annexation.(N.12) He was a very young man then, and he took part in fighting the British who came up in their hordes, led by an able soldier, General, later Field-Marshal, Sir George White. He took part in a guerrilla raid on a British fortress and captured a rifle — and that exploit is written up in a memorial stone which stands on the road which enters his village: for in the Chin Hills these stones are raised to those who still live, or those who are gone, provided someone pays for the stone and the feast which must go with the ceremony of raising it. The old chief still re­members how the British, coming up stockade after stubbornly held stockade, at last broke the resistance. The chief and some young hot-bloods were rounded up and taken down to Kalemyo in the Chindwin valley where demonstrations were given for their benefit of the might of British arms —cannon and rifles which could blast targets at great distances, terrible weapons in those days. Then they were taken to Rangoon where they were shown round the city to see the power of the British and the benefits it brought; then they were loaded with gifts, such as cooking utensils and clothing, and sent borne to tell their stories and spread the unspoken message.
Elsewhere in Upper Burma too persuasion and military force went hand in hand to woo and win peace. The villagers at last gave in, for in the final analysis the change meant only that there were new masters in the land instead of King Thibaw and his Queens and their Ministers and Court hangers-on, and the noticeable difference was that the new masters had fair skin and blue eyes. The sons and grandsons of the King and the royal relatives were soon forgotten, though they continued to keep up their old dignities on miserable pensions granted by the British, or no pensions and no visible incomes, unbending relics of an age that was passed. Many who served the King and the Court lost their employment, but they were only a handful compared with the common people who could carry on as before. The people always classified the King and Government among the ‘five enemies’(N.13) and prayed that the enemy would stay away. If the King or his officers came to conscript men for the levies, the men in the villages hid themselves or offered bribes. Similarly when the officers came to collect taxes. Government was a fearful and evil thing to be shunned, to hide from if possible, to fall down on one’s knees and shikoe (N.14) if confronted unavoidably with, and to discreetly offer bribes to. With that basic philosophy it did not really matter much to the villagers that Thibaw had departed from the scene and the British come. They found that the British did not kill and plunder at random, and they liked the skikoe as much as the King and his official did. Life, therefore, went on as usual and the villagers skikoed authority as usual.

3. EDUCATION AND IDEAS

The government was certain, the rule of law gave the people a new confidence, and peace and the opening up of communications and trade provided a good living for all. It was modern education and the ideas it gave which set the minds moving again.(N.15)
At the start the educated and thinking Burmans, looking for outlet, organ­ized Buddhist associations. Thus there was the Buddha Sasana Noggaha association organized in Mandalay in 1897 to preserve and promote Buddhism which, people feared, might fade under foreign rule. The association later started a modern high school which turned out many nationalist leaders and professionel men. A similar organization, the Asoka Society, was started in 1902 in Bassein, deriving its name from the Bikkhu Asoka, a European who had been converted to Buddhism.
Then came the Young Men’s Buddhist Association in Rangoon in 1906. The beginnings were modest, and the model was the Young Men’s Christian Association, the aims being to promote Buddhism and education, to preserve Burmese culture, and to render social service. Leadership came from the Rangoon College, which was started in 1885 as an affiliated College of the Calcutta University and later went, from 1904 to 1920, by the name of Government College. U Maung Gyee, U Ba Pe, U Ba Yin, U Sein Hla Aung, and a few other of their contemporaries were the organizers of the YMBA (N.16) Public support was lacking, and the Association had, at first, no proper address, meetings having to be held at the homes of members by turns.
The College, a small affair in itself, was a breeding ground of ideas. Four years of work went into a degree course. The compulsory subjects were English. Science and Mathematics; choice in optional subjects was severely limited to History and Pali. There was the Principal, Mr. E. D. Marshall, and a Lecturer in each subject and a few Burmese as Assistant Lecturers. The Mathematics Lecturer was Mr. Arthur Eggar who later went back to London to get called to the Bar, and returned to Rangoon to practise law and become the first Advocate-General.(N.17) It was a small staff and a small group of students— about 20 in each class — 8o or zoo in all. Every year four or five students won their degrees and would seek and receive appointments in the civil service, generally starting as Myo-Ok or Township officer. Those who did not receive their degrees could also expect to get reasonable jobs in the service, as police or excise inspectors, or clerks of the higher grade. Even clerks in government service occupied higher social status than teachers or businessmen, and few College students ever dreamed of going into those professions except as a last resort. Students who could afford would go to London, the centre of the universe for them, to be called to the Bar; the Inns of Court were the finishing school for those who shone, as well as those who could not pass their exami­nations in Rangoon.
The senior students of the College, embryo government officials, wore gaungbaung(N.18) and behaved as young gentlemen of standing, and they led men’s fashions of the day. They were also the leaders of thought. They debated public affairs either at the College Debating Society or in letters and articles in the press. The Rangoon Times, The Rangoon Gazette, The Burma Critic, and Fair Play (published in Moulsnein) were the better known English language newspapers. The Burma Herald, The Friend of Burma, The Hant ha­waddy (published bi-weekly), and the weekly Mahabodhi were the Burmese newspapers. The Thooriah (‘The Sun’), Burmese newspapers, came up a little later, and edited and managed by nationalist leaders like U Ba Pe, it gave vital support to the YMBA and the movement for freedom. The times were, however, tranquil. There were no great, burning issues at first. College students wanted good jobs after their graduation, and if they held debates and wrote to the press it was to spend their idle hours and train themselves in the art of self-expression. The training was, however, useful for those who landed later in politics.
The Burma Research Sociefy, founded in 1910, was another forum for the meeting of minds. Mr. J. S. Furnivall, one of the founders of the Society, remembers how, in 1908 ‘U Tun Nyein, the Government Translator, lent me a copy of the Journal of the Siam Society which gave me the idea of creating a similar society in Burma that should bring together Burmans and Europeans with a common interest in the welfare of the country.’(N.19) The Society started in a small way but attracted important scholars and thinkers who read papers at its meetings or wrote for its journal. C. 0. Blagden, Professor C. Duroiselle, R. Halliday, G. H. Luce, J. A. Stewart, and other European civil servants and professional men joined with Burman scholars and intel­lectuals, young and old, searching in the country’s history and culture, and sharing the joy 3f discovery. The Society did not indulge in politics directly, but its pursuits could not but promote a pride among Burman students and scholars in their national heritage.
The Y.M.B.A. gradually grew and sprang up in the district towns also. By 1908, U May Oung, and U Pu and their contemporaries had arrived back from London after being called to the English Bar, and they were free to give leadership to the Association. Young Barristers were gentlemen of leisure. Setting up a practice took a little time and struggle for there were European firms of lawyers in Rangoon which handled much of the important and lucrative work, and Indian firms and Indian lawyers who could overwhelm by numbers or undersell their services. However, the Bar was still an honoured and profitable profession. Even young Barristers could begin to earn a few months after they had set up chambers, and fees were paid in real gold sovereigns. The young Barristers would wear European clothes, winged collar and bowler hat and all complete, and they could be easily identified by the admiring people. They fetched good fees in the profession and good prices in the marriage market, for prospective parents-in-law, with daughter and dowry ready, were on the lookout and preferred Banisters best. Some young Banisters were thus able to make a gesture of practising while waiting for the highest bidder in matrimony, then marry money and retire to a comfortable life of leisure. Those of their brothers who were more energetic and restless, practised law and dabbled in politics, joined literary or welfare societies, published journals or wrote their essays and articles, or stood for election and served as pagoda trustees. Those were the men who served as conduit pipes for ideas to flow in from the West. Those were the men who had seen the world and mixed with the British in their homes and enjoyed the fine things of Western civilization, and been excited by the new ideas. Back in Burma they quickly attained the prestige and the comfortable life reserved for Britain-returned men, and they could afford to go round and spread the ideas.

4. YMBA ENTERS POLITICS

‘In 1897 Upper and Lower Burma were constituted as a single Lieutenant-Governorship, with a Provincial Government and a Legislative Council, which originally comprised nine nominated members (including four officials), and was gradually expanded until in 1920 it contained thirty members, two elected by the European Chamber of Commerce and the Rangoon Trades Association, and twenty-eight (including twelve officials) nominated by the Lieutenant-Governor.' (N.20)
There was, thus, no semblance, nor indeed any pretence, of representative government. The ‘Morley-Minto Reforms’ of 1909 had only enlarged the Council to fifteen of which fourteen were appointed by the Lieutenant-Governor and the solitary remaining one was elected by the Chamber of Commerce (European). Nor was there any vigorous demand for representa­tive government by the Burmese people.
The only organization of any importance which existed was the YMBA, and it was a religious and social organization, with no political ambitions at first. It held meetings and discussed public affairs, and later, when its or­ganization spread in the towns and villages, it held conferences, nearly every year, at the principal cities by turns.
There were Government officers and staff among its leaders and members, (N.21) barristers, journalists and businessmen too. Prominent among the young and active leaders were: U Ba Pe who started The Sun, Burmese language news­paper, on July 4, 1911, together with a colleague, U Hla Pe; the newspaper played its vital role in the nationalist movement, as did U Ba Pe who rose to hold, at one time or another, almost all the senior Cabinet positions except the premiership. U Maung Gyee, M.A., (populary known, later on, as ‘M. A. Maung Gyi’ to distinguish him from another political leader, J. A. Maun~ Gyee), barrister; he too rose high, and became the first Burmese Counsellor to the Governor on Defence, a knight, and, after Burma’s independence, the first Burma’s ambassador to the Court of St. James’s. J. A. Maung Gyi, bar­rister, who was later Home Member, then Judge of the High Court, then Home Member again, and later, the first Burmese to officiate as Governor in 1930.(N.22) Dr. Ba Yin who also became a Minister. U Pu, banister, who became a Minister, then Prime Minister in 1939, and after the Second World War, a Member of the Governor’s Executive Council. U Them Maung, banister, who rose in politics to be a Minister, then became the first Burmese Advocate-General in 1938, Chief Justice of the High Court, after Burma’s independence, and Chief Justice of the Union, finally, from which top judicial position he has now retired.(N.23)
Political kadership then seemed to have been the monopoly of banisters, for U Su, U Ba Si, U Sein Hla Aung, and other prominent leaders of the YMBA were also barristers. U Kin and U May Oung also, both eminent jurists who rose to the Bench of the High Court, and ended their brilliant careers in death as Member for Home Affairs. U Chit Hlaing, another bar­rister, was to become hero of the wunthanu nationalist movement, and later, Speaker of the House of Representatives, and, after the Second World War, President of the Legislative Council nominated by the Governor. He was nominated, though not successfully, for the Presidency of the new indepen­dent Union of Burma; in 1952 he was elected as a Member of Parliament, and died soon after, in harness. (N.24) U Maung Maung Ohn Ghine, an educationist, U Ba Hlaing, a social worker and a leader of labour, both living in semi­retirement today, were also among the active organizers of the YMBA.’(N.25)
The YMBA annual conferences were mild affairs. They opened with ‘God Save the King’ and closed with prayers for the glorious health and long reign of Their Majesties. A daring innovation was a slight change of the anthem to Buddha Save the King’, a change of which Their Majesties were not known to disapprove. The resolutions were couched in the form of prayers for favours, or in expression of loyalty and gratitude. The annual conference held at Henzada in 1916, for example, under the chairmanship of U May Oung, passed by acclaim a resolution moved by the chairman and seconded by another barrister, U Shwe Zan Aung, which expressed the profound satis­faction faction of the conference and deep gratitude to His Excellency the Lieutenant-Governor for the opportunity so graciously granted to one hundred Burmese troops to serve on the western fronts.
The conference held at Pyinmana in 1917 had more serious resolutions to pass. One expressed disapproval of special carriages on railway trains for ‘Europeans only’ which somehow smacked, it said, of racial discrimination. Another resolution vigorously protested against Europeans entering Buddhist pagoda precincts with their shoes on. Yet another resolution urged the Government to pass laws to prevent the passing of land into the hands of foreigners. Several other resolutions were of social import, such as the one which called upon members to refrain from alcohol, the people from excessive merry-making and night-long pwe and performances, and Burmese women from marrying foreigners.
Political resolutions came up too in 1917, which was a crucial year. Presi­dent Wilson’s celebrated Fourteen Points had gained currency among the people or at least the literate and the alert, and the dream of self-determination had started to disturb and delight the sleeping minds. In London, the heart of the Empire, the Secretary of State for India had, on August 20, announced the policy of His Majesty’s Government which set responsible self-govern­ment in India as the final goal of that country.’(N.26) The statement was carefully worded. The goal was distant, no doubt, but at least it had been set. The steps towards it were to be gradual, no doubt, but they were to be preferred to no steps at all.
Thus, at Pyinmana in 1917, the YMBA began to hope and dream. One of its resolutions, moved by U Mya U, banister, and seconded by U Kyaw Yan of Mandalay, to send a delegation to India to meet Mr. Montagu, the Secretary of State, and his mission, and make Burma’s case, was passed with enthusiasm. Another resolution called on the Government to remove U Po Tha, U Ba Tu and U Nyunt, nominated members, from the Legislative Council,
and entertain only the true elected representatives of the people. The YMBA resolutions, while retaining their customary polite language, thus
began to shift in substance from supplication for favours to demand for rights. U Pe, President of the YMBA, U Ba Pe, U May Oung, and U Su went to
India in December 1917, to meet the Montagu mission. The Cooperative Societies, representing the conservative Burmese business interests, sent U Ba Tu, U Po Tha and U Thin, which trio became notorious later as the Tu­Tha-Thin rightist group, and U San Win and J. S. Pillay, banisters from’ Mandalay. Dr. San C. Po and Sydney Loo Nee went to speak for the Karen minority. The delegations interviewed the Montagu mission in Calcutta, and returned to Rangoon satisfied that Burma would not be left out of the new reforms.
When in 1919 the Government of India Act was passed incorporating the ‘Montagu-Chelmsford Reforms’, and Burma was left out, the YMBA and the people were greatly agitated. Burmese opinion was hurt that Burma should be left out and therefore by implication slighted, and the suspicion was that a lesser scheme was being prepared for her. The Lieutenant-Governor of Burma at the time, Sir Reginald Craddock, had been openly unsympathetic to the very idea of self-government’ (N.27) and the schemes which he proposed involving devolution of local government powers on circle boards and district councils and the conduct of provincial government in part by a complicated system of executive boards, provoked the people to anger and action. Only the Tu-TJza-Thin group remained calm and lent its support to the Craddock Schemes.
Sir Reginald Craddock had provoked public opinion before. In June 1917 a severe earthquake brought down the ancient Shwesnawdaw pagoda in Pegu, and Sir Reginald went to inspect the disaster. He would not take off his shoes in the pagoda and the offended trustees reported to the YMBA in Rangoon. U Them Maung, Secretary of the Association, had moved to Rangoon from Prome to establish a legal practice in the capital, and when the YMBA con­vened a mass meeting in Jubilee Hall to protest and to demand that in future Europeans who entered Buddhist pagodas and temples must take off their shoes, it fell upon him, when the older leaders shunned the honour, to preside. The meeting heard eloquent, and vehement, speeches, and firmly resolved that the shoe controversy must be resolved by the Europeans yielding, or staying out of pagodas. The occasion was one of the early ones when the people united to express their will and draw strength and confidence from their unity. The resolution was heard and heeded. Europeans began to take off their shoes when entering pagodas, or stayed away. For the people it was an intoxicating experience which proved that the popular will could win.
The YMBA sent a delegation to London in May, 1919, composed of U Ba Pe, U Pu and U Tun Sham who was headmaster of the Buddha Sasana Noggalla (B.T.N) high school in Mandalay. The delegation was charged with presenting Burma's case in Whitehall and Westminster, and to the people of England. The delegation was in London for seven months, making camp at’ Hotel Russell in Russell Square, and actively sought friends and support. The YMBA at home also tried to lend moral support to its mission, holding meetings all over the country and sending a memorial signed by 15,000 people headed by U Chit Hlaing. But His Majesty’s Government had its problems after the War, and the people and Parliament were too tired to be bothered with the cause of Burma which was so far away, almost in another world.
The delegation came home and reported to the people, and it was sent back again to London in May, 1920, with U Them Maung taking the place of U Tun Sham who had died. Once again there were interviews and lobbying in Parliament. Some sections of the British press were helpful, and friends were also found among the people and Members of Parliament. Questions on Burma were even put on the lists in the House of Commons, though they all died on the lists for lack of quorum in the House. The endeavours of the delegation were not, however, vain. The delegates met people, officials, politi­cians, journalists and others, and awakened their conscience and their interest in Burma. That was a good beginning, and a wise investment in the future.
In Rangoon, Sir Reginald Craddock, constantly under fire, was hit hardest by the cry of ‘Craddock, Go Home!’ raised by a young Buddhist monk, U Ottama. The cry burst like an explosion whose echoes went rumbling through the land. U Ottama had studied in Calcutta and participated in the move­ment of the Indian National Congress. In 1918 he had returned to Rangoon to whip up enthusiasm for the nationalist cause. He lectured, wrote for the press, in fact bombarded it, and organized. The orthodox Buddhist monks rejected him at first for a political monk was a new and undesired phenome­non. But U Ottama was undefeated. He gave his support to the YMBA, and toured the country, making fiery political speeches. The Government prosecuted him for sedition and sent him to jail several times but when he emerged he went back again to political agitation.’ (N.28) His cry, ‘Craddock, Go Home!’ was taken up by all in the country, and its boldness injected new courage into the movement. Sir Reginald Craddock was the first representa­tive of the British Crown to be called upon to pack up and go home, and he could not have found the command pleasing. His successors, however, got used to it.

5. THE GCBA

In September 1920, the YMBA, meeting in annual conference at Prome, resolved to convert itself into the ‘General Council of Burmese Associations the GCBA, which could be the alliance of all organizations, parties, and individuals in the common nationalist cause. U Chit Hlaing was elected President of the new Council and U Ba Pe as the Vice-President.’ (N.29) Enthusiasm ran high at the conference. Delegates converged on Prome from all over Burma, and special railway trains had to be run to cope with the traffic. The resolutions which were passed by the conference were mainly political. Craddock Schemes were denounced; a boycott of foreign goods by the people was called for, and they were urged to wear home-spun native clothes; the Government was asked to take back the land which had fallen into the hands of the Indian moneylenders and distribute them among the peasants.
For the next few years the wave of nationalism which was set free at Prome swept the country, growing only stronger as it rolled on. The wunthanu nationalist movement was high fashion. The women joined and the Buddhist monks. People took pride in wearing coarse, home-spun clothes, and the membership ticket of the GCBA was accepted as evidence of patriotism. Even the shops in the markets called themselves ‘Wunthanu Teashop’, Wunthanu Stores’ and soon.
U Chit Hlaing, the leader of it all, was a national hero. He still wore European clothes at times, but that was all right with the people, for he was no ordinary leader but an England-returned one. He was rich and handsome, and he did not accept office for a long time. He was a prince in politics, and people worshipped him because they needed someone to worship and being simple people they preferred that someone to be a prince. People called him the Thamada or President, or uncrowned King. A small circle of followers and hangers-on followed him everywhere, holding the golden umbrella over him at meetings and ceremonial functions to shelter him from the colonial sun. Wherever he went people welcomed him with warmth and emotion. Women would throw themselves on his path and spread their long hair to make for him a carpet of hair to tread on; but then women have been doing that through the ages in all countries for saints and returning soldiers, for politi­cians and for assorted quacks alike.
The press lent support to the GCBA movement, The Sun of course, shone bright, joined by the New Light of Burma, the Liberty, the Modern Burma, the Bandoola journal, and a few others in Burmese; the Observer, the New Burma, the Free Burma, and the Rangoon Mail in the English language. In the early wunthanu years, the press was one for the common cause, and journalists, like barristers, stood in the vanguard of the movement. The newspapers were numerous and poor, and editors had to be a little of every­thing on their papers, but they were inspired and dedicated. Only when politics became a profession with political jobs to grab and spoils to distribute did some newspapers sink to the level of personal or party organs.
An important incident which happened at the end of 1920 was the students’ strike. The Government had drafted the University Bill for the inauguration of the University of Rangoon, and the draughtsmen had modelled it on the small, select, residential university of the Oxford or Cambridge type. Students of the University considered the residential qualification restrictive and undesirable. They demanded that the University should be open to as many students as possible, and should be a ‘teaching’, and not a residential, uni­versity. Political leaders joined in the demand, and when the Government stood adamant, the students declared a strike, on December 5, and trooped out to the Shwedagon pagoda to establish their camp in the monasteries at the foot of the pagoda hill. The strike quickly spread, drawing students from the Judson Mission College and schools in Rangoon alike. In a few days it had spread to the districts. Public support for the strike was enthusiastic, and people contributed food and money to keep the students in their camps. The GCBA also gave students its blessing and soon the strike was a national movement bigger than a mere protest against the University Bill. The demands were ultimately met and students returned to their classrooms and examinations. A great national victory was thus won, and the GCBA at its ninth conference held in Mandalay in 1921 decided that the day of the strike should be observed as a National Day.’ (N.30)
The victory led some leaders of the strike to hope that ‘national’ schools and colleges could be started and education could be emancipated from the influence of British rule. A Council of National Education was formed, with U Maung Gyee as chairman, and a national college was started in the Shwegyintaik, a monastery at the foot of the Shwedagon. Intellectuals like ‘Mister Maung Hmaing’(N.31) who served the college as professor of Burmese literature and history, joined the staff. National schools also sprang up in the districts. But ‘national’ education was premature. The people were not ready to reject the British Government so drastically. It was one thing to label the education imparted at Government schools and colleges as ‘slave education’, but quite another to reject it altogether. The national schools were not well run, nor were they well off. Parents sent their boys and girls back to the Government schools to obtain the diplomas and certificates which were essential passports to good jobs in the Government service. The national college withered away, as did the national schools. The Myoma National High’ School in Rangoon carried on valiantly, though, to the credit of the British, it must be said that it was the British military authorities which granted lease of cantonment land to the school at nominal rent. The School today is proud to have raised a young man who was destined to be Prime Minister U Nu. In Mandalay, the National High School served as a breeding ground of young politicians, and the B.T.N. High School also carried on by the sheer capacity of its teachers to survive on poor salaries irregularly paid. In Pantanaw also a National High School persevered, and had among its ideal­istic teachers people like U Nu and his friend U Thant.’(N.32)A few such schools, which served as monuments to a hopeless cause, carried on, but otherwise the movement fizzled out. The gesture was great, though, and defiant, and per­haps it. was worth it, if only for its dramatic effect.
Intoxicated with victory, the GCBA at its conference in Mandalay openly came out against the dyarchical system of constitutional reforms which it was demanding a year ago. The conference called upon the people to ‘boycott’ the commission of enquiry led by Sir A. F. Whyte which had arrived in Burma to measure the people’s political aspirations and fitness. The GCBA also called for a boycott of the Prince of Wales who visited the country in December, 1921. Anxious to prevent any embarrassment being caused to His Royal Highness by overzealous nationalist leaders, the Government sent off U Chit Hlaing, U Ba Si, U Ba Hlaing and a few others to holiday in pleasant resorts in the hills for the period of the royal visit. The Prince of Wales played polo and charmed people with his friendly informality, while the GCBA leaders also thrived on the fresh mountain air and the generous hospitality which they enjoyed as guests of the Lieutenant-Governor.
The boycott became a habit with the GCBA. The Craddock Schemes, foreign goods, the Whyte Mission, the Prince of Wales, and finally Dyarchy itself, all were vigorously boycotted. It had been ‘Craddock, Go Home’, and ‘Whyte, Go Back’, and finally it was ‘Down with Dyarchy.’

6. DYARCHY

The Montagu-Chelmsford Reforms, or Dyarchy, was inaugurated in Burma on January 2, 1923. Burma became on that day a Governor’s Province with a Legislative Council of 103 seats of which 8o were filled by election, 8 by nomination of non-officials, 13 by nomination of officials and the remaining a by the Members of the Governor’s Executive Council ex-officio. The 8o elective seats were allotted as follows: 22 to urban constituencies in 8 towns, 8 of them being Indian community seats; 49 to rural constituencies in 31 districts, 5 being given to the Karens; and the remaining to European and Anglo-Indian communities and special constituencies such as the Rangoon University and the various Chambers of Commerce.(N.33) Elections to the first Legislative Council were held on November 21, 1922. The GCBA had declared a boycott of the elections, and there was also the usual apathy, so that of 1,767,227 voters only xi percent went to the polls. The percentage rose, at the second elections in 1926, to 24. (N.34)
The first Governor, Sir Harcourt Butler, addressing the first meeting of the Legislative Council on February 3, 1923, was optimistic about the reforms. ‘We start with favouring breezes,’ he said, and he thought that in one year of working dyarchy should prove itself. (N.35)
The important new feature of the reforms was the division of executive government into two parts.
In Sir Harcourt’s own words, ‘the one consists of Members of the Executive Council dealing with reserved subjects and the other consists of Ministers dealing with transferred subjects. The reserved subjects of which the principal are justice, police, prisons, and revenue are administered by the Governor and the Members of the Council, under the control of the Govern­ment of India and the Secretary of State. The transferred subjects, of which the principal are education, public works (other than railways and irrigation), public health, forests, excise, agriculture and local self-government, are under Ministers appointed from members of the Legislative Council and responsible to that body. The Governor and the Executive Council are appointed for five years. The Ministers hold office so long as they can command the confidence of the Legislative Council. They cannot in any case hold office for more than three years, which is the life of the Legislative Council. The Finance Depart­ment is common to the reserved and the transferred subjects and has certain necessary powers peculiar to itself which are not given to other Departments. That is the constitutional position. In the reserved subjects the Governor and his Council decide questions. In the transferred subjects the Governor and his Ministers decide questions. The Governor has power to overrule both the Members of Council and the Ministers in their respective spheres, but this is a power very rarely exercised. In His Majesty the King-Emperor’s instructions to the Governor of Burma it is laid down that he should encourage the habit of joint deliberation between Members of Council and Ministers in order that the experience of the former might be at the disposal of the latter and that the knowledge of the latter as to the wishes of the people might be at the disposal of the former.’(N.36)
Dyarchy split the ranks of.theGCBA. While U Chit Hlaing, with the bless­ing of the Buddhist Sangha Council, stood stubbornly by the boycott, many of his associates could not stand so firm. Some of them were tempted by the prospect of office and rewards.(N.37) Some were genuinely convinced that to keep on boycotting everything was too drastic, and hopeless like crying in the wilderness, and that strategy must adjust itself to changing circumstances. On June 17, 1922, a special assembly of the GCBA met at the Jubilee Hall, Rangoon, to consider the vital question as to whether the elections should be contested or boycotted. Twenty-one leaders who favoured participation in the new constitutional schemes issued a statement, and when the GCBA voted for boycott, they broke away and set themselves up as the ‘Nationalist Party. The ‘first seceders’, U Chit Hlaing called them,(N.38)but the more zealous of the GCBA followers gave them more violent names, ‘traitors’, ‘constitu­tionalists’, ‘the dy- men’, being some of them. The Twenty-one leaders, known more kindly and correctly thenceforth as the ‘Twenty-One Party’, won 28 seats in the first Council. The core of leadership in the GCBA which remained loyal to the boycott was made up of U Chit Hlaing, U Pu (Thara­waddy), and U Tun Gyaw, which trio came to be known as the Hlaing-Pu­Gyaw. U Pu himself could not stay out of the Council too long. It was perhaps painful for him to see the Twenty-One Party enjoying all the plums of office by itself, for in 1926, when the second elections were held, he led a party called the ‘Home Rule Party’ and got himself, and some xo men, in. The ‘Home Rulers’ took oath to abstain from any salaried office during the life of the Council. They kept the oath; being a minority which would not, in normal circumstances, attract an invitation to accept office certainly helped them to do so.’(N.39)
There were further secessions from The GCBA. In 1925 U Soe Thein formed the'SoeThein GCBA’, and in 1929, when U Soe Thein was showing an inclination towards violence and ‘direct action’ and even the enthusiastic Buddhist monks were becoming a little shy of him, U Su formed the ‘U Su GCBA’. Between the three GCBA’s, U Chit Hlaing thought, they commanded a membership of 1½ to 2 millions.(N.40) The number probably included the Buddhist monks and people in the villages over whom they had influence —which would be practically all the villagers.
Sir William Keith and Sir Maung Kin were the first Members of the Governor’s Executive Council; the first Ministers were Sir J. A. Maung ‘Gyi, and U Maung Gyee. On the death of Sir Maung Kin on 22nd. October, 1924, U May Oung, Judge of the High Court of Judicature at Rangoon, was appointed to succeed him. Sir J. A. Maung Gyi was then appointed Judge, and U Pu, barrister, became Minister in his place; the two Ministerships were then in the hands of the Nationalist Party which had the majority in the Legislative Council.(N.41)
U Ba Pe, the leader of the Twenty-One Party did not take high office, but contented himself with being elected Deputy President of the Legislative Council, with a salary of Rs. 5ooo per year.(N.42) The first President was Sir Frank McCarthy, a barrister. On his death he was succeeded by Sir Robert Giles, followed by Sir Oscar de Glanville. In the third Council, U Pu was elect­ed President. All the Presidents were banisters; so were U (later Sir) Paw Tun, and U Ni, who followed U Ba Pe as Deputy President.
The Legislative Councils were orderly affairs. Questions were asked, and budgets were ‘discussed’. ‘Burmanization’ of the services was asked for. Removal of the British arsenal from the precincts of the Shwedagon Pagoda was a subject which came up often at question time.’ (N.43)There was active manoeuvring for office, or for survival in office, for the Ministers and the Members, like all politicians in all countries at all times, quickly persuaded themselves that they were essential in office for the good of the country.
But dyarchy was not popular in the country. ‘It has almost become a term of abuse,’ Sir Harcourt Butler found in 1926, three years after the inauguration of the system. ‘I have heard one man saying to another, ‘You are a dyarchy’. (N.44)
Dyarchy failed because it only fed a few, and the appetites of the few grew bigger with feeding. The many who were not fed were disgruntled; the people, in whose name the government was conducted, at least in part, were remem­bered only at the time of elections.

7. THE ‘SAYA SAN’ REBELLION

The scramble for office absorbed a considerable amount of the energy of the GCBA, for, one by one, its leaders broke away to - forsake the Boycott and try their fortunes in the Legislative Council. But what remained, and the factions into which it broke, carried on the struggle. There were the conferences and the resolutions, the protests and the demon­strations. The Sangha Associations were massively behind the GCBA still. U Ottama still roamed the country making his fiery speeches, courting, and getting, jail sentences. Another Buddhist monk, U Wisara, also became prominent as a vehement antagonist of dyarchy. In his last jail term, U Wisara fasted to the death in protest against the treatment that was given to him as a common prisoner. When the fast passed the first week, anxiety mounted in the country, and people and organizations sent desperate tele­grams to the Government daily urging that U Wisara’s demands — which were that he should be allowed to wear the monk’s yellow robes, instead of the prisoner’s loin, and observe sabbath — be met. It was a contest between the popular will and that of the Government, a contest in which a life was sacrificed and the popular will rose stronger from defeat.
His Majesty’s Government in London sent a Commission of Enquiry, with Sir John Simon as its chairman, to find out how dyarchy was working. The ‘Simon Commission’ visited India in 1928, a year before such a commission was due under the Government of India Act of 1919 which promised a review of the working of dyarchy 10 years after the Act came into force. The Com­mission came to Burma in January 1929, and visited Mandalay and the principal cities where the GCBA greeted it with its stock slogan, ‘Go Back!’
An important discovery made by the Simon Commission was that Burma was not India. The Government of Burma had prepared a memorandum which, in the words of the Government, ‘did not purport to do more than examine in a detached and impartial spirit the arguments for and against separation’ of Burma from India. The Legislative Council had passed, on February i8, 1929, ‘without a division a motion in favour of separation,’ and on the 9th. August, 1930, the Council passed, ‘again without a division, a motion thanking ‘the Members of the Statutory Commission for having in accordance with the wishes of the people of Burma recommended immediate separation of Burma from India”.(N.45) The GCBA, having asked the Simon Commission to go back, found itself unable to support the Commission s findings and recommendation, and placed in the rather anomalous position of demanding continued association with India. For the next few years the separation issue dominated the political scene; the wordy battles that were waged up and down the country were long and learned and confused; the British looked on.
The peasants, who formed over So percent of the population, were, how­ever, getting poorer. The economic depression which swept over the wotld arrived in Burma too, though a year or two later than in the West. The peasants were unable to pay their taxes, and demanded remissions. The ‘Soe Them GCBA’ put forward a simple remedy for the situation: let the peasants refuse to pay. The remedy was attractive; its only defect was that it did not work, but worsened the situation. Even the drastic sangha found the remedy too simple, and yet too drastic, and many of their associations hastily disowned the ‘Shoe Them GCBA’. In their difficulties, the peasants turned to false hopes and superstitions, to rumours of a ‘king’ who was rising to throw the alien ruler out into the sea and to restore national honour and prosperity. Occasional ‘kings’ had risen before, but they came and made their promises in the remote villages, collected money and tributes of material and village maidens, and then discreetly faded away. There were serious risings too, like that of the Bandaka holy man in Shwebo district, the generous womb of most contenders and pretenders. Bandaka declared his mission in 1928, collected men and money and rose. The rising became a serious affair, and the Government had to call in troops to suppress it. The Bandaka and 25 followers were rounded up and tried and sentenced to transportation for life.
The Saya San rebellion which broke out in Tharawaddy district in Decem­ber 1930 was a serious incident indeed. ‘The first outbreak occurred on the night of the 22nd. December in villages in the south-east corner of Tharra­waddy district, a few miles from Tharrawaddy town, 75 miles north of Rangoon. In recent years the district had become the favourite sport of political agitators. Numerous athins, or village societies have been formed in the district. Many speeches have been delivered, all preaching disaffection against the Government. Many of these speeches were particularly directed against the capitation tax. This tax is the mainstay of the revenue in the neighbouring Kingdom of Siam, but in recent years it has been the target of political attack in Burma. The result of the campaign was a general refusal to pay the tax in part of this district in the cold weather of 1927—28, and strong measures had to be taken to put down this movement.’ So began the report on the rebellion published by His Majesty’s Government in London.’(N.46)The Irony of it was that the rebellion broke out at a time when a Burman was for the first, and last, time officiating as Governor. Sir Charles Innes, pro­ceeding on leave, had handed over to Sir J. A. Maung Gyi, and peasants in Tharrawaddy had pleaded with ‘J. A.’, when he went on tour, for remission of the taxes. ‘J. A.’, a blunt and stubborn man who owed less for his rise to high office to the popular vote than to his good fortunes, refused, and ordered that stern measures be taken to collect.
The rebellion, however, was more than a general protest against tax col­lection. The leader, Saya San, at one time a district leader of the ‘Soe Thein GCBA’, declared himself to be the Gaiuna Raja, King of the Galon, a mythi­cal bird which was believed to be conqueror of the Naga dragon.’(N.47) Followers of Saya San tattooed themselves with the galon emblem which was also considered to bestow immunity from bullets, styled themselves the ‘Galon Army’ and marched out, brandishing swords and sticks. They raided railway stations and cut up telegraph lines, they attacked outposts, and won initial successes. In the open fields, when Government forces came upon them, the men of the Galon Army would paint large white circles on their naked behinds, and bending down backwards invite the forces to shoot and discover their immunity from bullets. Often the sight of the wierd, wriggling circles was sufficient to frighten off the Government forces. Sometimes the invitation to shoot was taken up seriously with unfortunate results. The rebellion was a strange blend of faith and superstition, nationalism and madness, of courage and folly. But it was a daring gesture of defiance: even the white circles on the behinds were a symbol in themselves of the new mood that was astir in the country.
The Government rushed the Military Police from Rangoon, then the regu­lar troops, the 2/15th. Punjab Rifles were called down from their station in Maymyo. Later, as the rebellion spread to the Insein, Yamethin, Pyapon and Henzada districts, more Military Police and more companies of the 2/15th. Punjabis were throw in, and Major-General Coningham, commanding the Burma Independent District, and Brigadier C. F. Watson, commanding Rangoon Brigade area, took charge of operations. No martial law was de­clared, for the rising quickly broke and scattered over hill and jungle over an area covering nearly half the country, and the military commanders decided that regular troops should wait on the alert at chosen stations, flinging a cordon round the long shoulder of the Pegu Yomas. Government forces raided Saya San’s camps often, always to find that the bird had flown. Sympathy of the villagers was with Saya San and his men. The Government used force on the one hand to suppress the rising, and on the other it tried to appease with offer of amnesty and rewards. For long months the guerrilla war continued, but in the end Saya San fell into the hands of the police while retreating into the Shan State where he hoped to get rest and recuper­ation from his illness with malaria, resources to rebuild his army, and, if ~possible, contacts in China which might supply modern arms.
The rebellion gave heart to nationalist leaders everywhere. In the Legis­lative Council, members were careful to disown any association with the rebellion, but they pressed the Government hard for a grant of general amnesty, and severely took it to task when its cruel and excessive measures —such as the beheading of the Galon dead and the exhibition of the heads at police stations in the affected areas — were exposed. When the Government moved the Burma Rebellion (Trials) Bill which sought authority to set up a Special Tribunal to try Saya San and the leaders, members, in heated debate rejected the motion, on the ground that the need did not exist to invent a special tribunal when the ordinary courts and procedure could adequately conduct the trials.’(N.48)
Sympathy for the Burmese nationalist cause was widespread even in India. When the Government of Burma took to repressive measures to meet Saya San rebellion and its grave aftermath, protests were made also in the Central Legislative Assembly in Delhi. Under dyarchy Burma sent three representatives, chosen by countrywide elections, to the Legislative Assembly and one to the Council of State. Normally Members from Burma were lost in the Assembly; they took their seats and listened; they went to the many social functions to which they were automatically invited; they drew their allowances and returned. After Saya San, however, Burma gained prominence in the Assembly. The Government of Burma had banned the ‘Soe Them GCBA’ early in 1931 alleging the association’s complicity in the rebellion. A Burmese Member, U Tun Aung, (N.49) reading reports of the ban in the Indian press tabled a motion for adjournment in the Assembly to discuss ‘the dec­laration by the Government of Burma that the General Council of Burmese Associations are unlawful under the Criminal Law Amendment Act.’ The motion received the required support from not less than 25 members, and a debate ensued in which prominent Indian members such as Sir Han Singh Gour gave their support to Burma’s cause. ‘Repression, Sir,’ U Tun Aung said, ‘begets only resentment and reaction and no good results can be expect­ed from repression.’ There was applause. When the vote was taken there was an exciting tie of 42 against 42, and the President of the Assembly, ‘following the well-recognized practice of status quo ante’ voted against and declared the motion lost. (N.50)
U Kyaw Myint, another Burmese Member, making his maiden speech in the Legislative Assembly, also denounced the repressive measures taken by the Government of Burma. ‘I do not know what would happen to me if I said in Burma today what I am saying here now,’ he said, after a forceful indictment against the Government. An Indian Member interrupted: ‘Don’t. go back to Burma!,’ and U Kyaw Myint replied: ‘An Hon’ble Member has been pleased to ask me not to go back to Burma. But I must tell him that it is my duty to go back to Burma and face whatever awaits me.’ There was prolonged applause.(N.51)
In Burma, the trials of Saya San and the leaders conducted inTharra­waddy, Pyapon, and other towns of the affected districts, drew great public interest. A Judge of the High Court, Justice J. Cunliffe. was appointed President of the Special Tribunal, and U Ba U and A. J. Dawood members. Young lawyers sprang to the defence of the rebel leaders. The brothers Dr. Ba Han and Dr. Ba Maw, and other young banisters such as Kyaw Din, Htoon Aung Gyaw, Kyaw Myint, Ba Si, Them Maung, Ze Ya, Po Aye, Chan Tun Aung and Tun Aung appeared at the trials or took the appeals to the High Court after the convictions were entered. A young, ambitious, and publicity-seeking third grade pleader, Maung Saw, also volunteered his services for the defence at the trial. Maung Saw admired Saya San, and himself, so much that he called himself Galon Saw, wrote a spirited pamphlet about the rebellion which promptly got proscribed, won fame and fortunes for himself in politics, wrested the premiership of Burma for a brief and dazzling moment of glory, and finally ended, even as Saya San did, on the gallows, though dying as a despised felon and not as the national hero that Saya San came to be recognized as.
The trials were conducted in open court under the eyes of the press and interested audiences. Sir Arthur Eggar, the Government Advocate, led the prosecution team. An impish and irrepressible man, Sir Arthur had advised Dr. Ba Maw and other defenders that they might perhaps succeed to change the charge from that of waging war against the Crown to that of rioting against tax-collectors. When that obvious line of defence was followed, Sir Arthur was delighted, and he had the accused brought into court every morning chained and ironed and heavily escorted to impress deeply upon the Tribunal that they were trying not mere light-hearted rioters but dangerous and ruthless rebels. ‘Purely a piece of brilliant stage management,’ Sir Arthur said about his tactic.(N.52)
Saya San, U Aung Hla, and other rebel leaders were hanged on November 16, 1931, but the nationalism that they helped to further quicken refused to be buried with their bodies.

8. SEPARATION FROM INDIA

For the next few years after the rebellion the great debate which engaged the political mind of the country was whether to separate from India or not. The Simon Commission had recommended separation, and the Government of Burma desired it, nor was London averse. The GCBA, having boycotted everything, found itself rejecting separation too. Political parties and groups sprang up, for separation or against, or against separation for the time being but for separation later. The debate drew forth new young leaders, like Dr. Ba Maw, with the old ambition for office. There were new alliances and new adjustments in the political world.
His Majesty’s Government resorted to the practice of having round table conferences with leaders from India and Burma to plan the future of the two countries. The Indian Round Table Conference which took place in London from November 12, 1930 to January 19, 1931, was attended by 73 leaders from ‘India’ who included U Ba Pe, U Aung Thin, U Ohn Gaing, and Sir Oscar de Glanville from Burma. ‘Four gentlemen were chosen as delegates from Burma,’ U Kyaw Myint said, opposing the principle of separation, in the Central Legislative Assembly, ‘and no invitations were issued to anyone else. Of the selections made by Sir Charles Innes, one was a European gentlemen who has throughout been the foremost advocate of separation at any cost, and another a gentleman who represented nobody. (Laughter). The remaining two, Sir, were members of the People’s Party. These two gentleman actually protested against the unrepresentative char­acter of the delegation. Their protest was overruled, and rightly or wrongly, these two gentlemen attended the Round Table Conference under protest.” (N.53)
The Round Table Conference, however, accepted separation on principle, and decided to convene a separate Burma Round Table Conference to discuss and draft a new constitution for Burma which would be in no way inferior to that which was being drafted for India. The Conference took place from November 27, 1931, to January 12, 1932. The inaugural session took place in the King’s Robing Room in the House of Lords and the Prince of Wales, delivering the welcome address, remembered his visit to Burma, and ‘its romantic scenery, its great river, its hills and forests, its wonderful pagodas, and, above all, the friendliness of its people.” (N.54) He asked the delegates to bear it in mind that those whose duty ‘is to build up a new framework of govern­ment or to adapt old one to new conditions, must be wise and careful archi­tects, remembering that their building will have at once to bear the strains and stresses of a very difficult and restless phase of human history’ and wished them ‘God-speed’ in their labours.
The interesting feature of the Conference was that some of those Burmese political leaders whom the Prince of Wales had missed on his visit to Burma were there. U Chit Hlaing, the leader of the GCBA, and U Ba Si, who were among those who were sent off by the Lieutenant-Governor into temporary exile during the visit of His Royal Highness were there at the Conference. U Chit Hlaing had at first refused to go to London, but he was at last l)ersuaded, and went carrying the mandate of the Sangha associations to demand ‘full and immediate responsible self-government’ for Burma. There were 24 members on the delegation from Burma and two advisors to the delegates from the Shan States.(N.55) Lord Peel was elected chairman of the Conference, and members of the British delegation included Sir Samuel Hoare, M. P., the Marquess of Lothian, C. H., Mr. Isaac Foot, M. P., Mr. G. H. Hall, M. P., the Viscount Mersey, Major D. Graham Pole, Mr. J.S. Ward­law-Milne, M. P., and the Earl Winterton, M.P..
It was a representative delegation. The Burmans were there representing several political parties and groups. Miss May Oung, ably representing the women of Burma, demanded equal rights for them, because Burmese women have from time immemorial, ‘taken part as law-givers, as judges, as writers,
ii as administrators, and as great philosophers.(N.56) The gallant gentlemen of Britain had nothing but sympathy and admiration for the sentiments and the charms of Miss May Oung. There were the different communities of Burma at the Conference including the Indians and the Anglo-Indians and the British and the Karens. All their representatives spoke forcefully for their rights in the new constitution. The Shans were there, represented by the Sawbwa of Hsipaw and the young Sawbwa of Yaunghwe, (N.57) to make eloquent plea for their preservation as a separate entity, the Federated Shan States in the direct charge of the Governor.
In the first plenary sessions the delegates from Burma made their speeches and told their stories about their parties, defined their policies and their aspirations for the future of the country. There was some debate over the question as to whether the Conference should proceed on the assumption that separation of Burma from India would be sealed in the constitution, but the chairman ruled that the debate on that question must rest in view of the stated view of His Majesty’s Government in favour of separation.(N.58) The chair­man also wanted to avoid such ‘general phrases’ as ‘full responsible govern­ment on the lines of Dominion constitutions’ which the delegates had pressed should be the declared goal, because, he said, ‘general phrases’ would ‘lead to misunderstandings.’ He would prefer to say that the purpose of the Conference was to devise ‘a constitution which will have in it the means of growth towards the declared goal of complete responsible government, but will contain provisions necessary to safeguard certain obligations and interests.(N.59) U Chit Hlaing, U Pu and U Tun Aung Gyaw, considering that the chair­man’s promise of a constitution with the ‘means of growth’ for responsible government fell short of the aspirations of the people of Burma, boycotted the Conference from its sixth meeting of the committee of the whole confer­ence. They walked out of the conference hail and stayed away for the day in token of their protest, and at subsequent meetings they ‘remained present’ without ‘actively participating therein’.
The sessions and the sub-committees went thoroughly into the details of the new constitution, and at the end of their labours the constitution was in the shape and form in which it was embodied in the Government of Burma Act which was passed in 1935 and came into operation on April, 1937.
The prospect of a new constitution stirred up a frenzy of political activity in Burma. New parties and new personalities emerged, new alliances were made, and new directions too. The GCBA which had so consistently stayed out of the Legislature, contested the elections in November 1932 which were fought on the major issue of separation. Their pledge to the people ~vas to fight the new constitution ‘from within’. There was a joining of forces between the Chit Hlaing GCBA and the Su GCBA, an alliance which was popularly called the ‘Hlaing-Myat-Paw’ after the leaders U Chit Hlaing, U Myat Tha Dun and U (later Sir) Paw Tun. This alliance was against sepa­ration. Another group of young leaders also took up the anti-separation cause: the Maw-Myint-Bye group, named after the leaders Dr. Ba Maw, U Kyaw Myint and ‘Ramree’ (or Yan-Bye, in the Burmese pronunciation) U Maung Maung. Dr. Ba Maw had looked about for a party to join, but later decided that the quicker way to top leadership was to form a party and give it a name and appoint himself leader. Dr. Ba Maw, with his good looks, his special cut of clothes, his musical voice and his well-trained gestures, was an immediate hit with the villagers to whom his mystical message was:
‘Separate! But do not let go of the association with India!’
For separation were the People’s Party, the former ‘Twenty-One Party’, led by U Ba Pe, U Pu and U Them Maung, and the Independent Party (or the ‘Golden Valley Party’ named alter the aristocratic suburbs where the leaders of the party lived) led by Sir J. A. Maung Gyi. The Independent Party was already discredited by then as the ‘stooges of the British’, and ‘J. A.’ with his Saya San rebellion fame was not a man to lead a party to electoral victory.
The ‘anti-separationists’ won, but in the Legislative Council there was indecision. On December 22, 1932, two rival motions were sponsored. U Tun Pe, representing the special constituency of the Rangoon University, moved a resolution that the Council accepted separation and the new constitution drafted by His Majesty’s Government. The rival motion, sponsored by Rain­ree U Maung Maung. was to the effect that the Council rejected separation but favoured continued association with India with the right of secession reserved for Burma. U Chit Hlaing, who had been elected President of the Council, allowed U Tun Pe to move, and ignored the rival mover, and this led to an uproar in the Council. and a no-confidence motion against its President. Accusations were flung by Dr. Ba Maw and his group at the President that he was playing politics, and his design in disallowing U Maung Maung’s motion was to put U Tun Pe’s to the Council with the certainty of its rejection. When the separation motion was thrown out, the anti-separation decision, total and unqualified, would stand. That, it was accused, was U Chit Hlaing’s design, and a President with designs was not an impartial umpire who must hold the Council together. The no-confidence motion brought down U Chit Hlaing, alter a brief few months of office, and put Sir Oscar de Glanville in his place. After all the heat and uproar, the Council adopted the resolution to stay with India with the unreserved right to leave at any convenient time in the future.
The separation issue did not end there. His Majesty’s Government decided that the resolution of the Legislative Council was equivocal. It must be, it said, separation now, or association with India for ever alter. No secession could be allowed at a future date. Once again the Legislative Council debated. From April 25, 1933, to May 6 when the Council was prorogued, the members debated brilliantly, long-windedly. some speakers like U Ba Pe totalling a handsome 40 hours of speech-making during the period. The weight of opinion was against separation, and members who were against teamed up and sent cables to London and New Delhi conveying their decision that if it must be for or against separation and nothing in-between they were against. His Majesty’s Government in London, bothered by the goings on in the Council in Rangoon, once more invited leaders to come over and talk round the table. Twelve members made the Burmese delegation which discussed with the Joint Select Committee of the Lords and the Commons between November 29, 1933 and December 20, 1933 before the final decision was made.(N.60) ‘We have satisfied ourselves,’ the Committee reported, ‘by discussion with the Delegates from Burma representing the anti-separationist parties that they have no real desire to see Burma included in an Indian Federation; and indeed they frankly admit that on their own terms they would unhesitatingly prefer separation.’(N.61)
Thus at last the die was cast: separation it was to be. The Government of Burma Act was then passed giving the blessing of the British Parliament to Burma’s new constitution. Fifty years after the annexation of Upper Burma, thus, Burma, regained her separate identity.

9. THE GOVERNMENT OF BURMA ACT

The new constitution gave a liberal dose of democracy. The Legislature, and the elective element, were enlarged. The Governor, representing His Majesty, and the Legislature in its two chambers, made the law-making authority. The House of Representatives, the popular chamber, had 132 seats of which 92 were filled on a non-communal territorial constituency basis, while the rest were reserved for Karens, Indians, Anglo-Burmans, Europeans, and special interests such as labour, commerce, and the Rangoon University. The Senate had 36 seats of which half were filled by the Governor by nomination, and the remainder by election from the House of Representa­tives on proportional representation.
Wider play was given also to the principle of responsibility to the Legis­lature. The Council of Ministers, the Instrument of Instructions issued by His Majesty to the Governor said, should be appointed ‘in consultation with the person who, in his judgment, is most likely to command a stable majority in the Legislature, those persons who will best be in a position collectively to command the confidence of the Legislature. In so acting, he shall bear constantly in mind the need for fostering a sense of joint responsibility among his Ministers.’
Law and order and several other departments were placed under the charge of Ministers who were, technically, advisers of the Governor, appointed to hold office at his pleasure, but in fact enjoyed the powers and privileges which were invested in the Cabinet of a self-governing Dominion. The Burmese, quick with a name, soon began to call the new constitution the ‘91-Depart­ments Scheme’ because by their calculation there were 91 departments which were placed under the charge of Ministers. The rest of the subjects were either the ‘special responsibilities’ of the Governor those in which he exercised his ‘individual judgment’ but might consult his Ministers, or reserved subjects’ in which he used his own ‘discretion’ though he could appoint Counsellors to assist him in the exercise of the discretion. The prevention of any grave menace to the peace or tranquillity of Burma or any party thereof’ was a special responsibility, while ‘defence’ was a reserved subject. The ‘safeguarding of the financial stability and credit of the Govern­ment of Burma’ was a special responsibility, while the control of monetary policy, currency and coinage was a reserved subject. The ‘safeguarding of the legitimate interests of minorities’, the protection of the legitimate rights and interests of public servants, the prevention of discriminatory treatment against members of the communities, or against imported goods of the United Kingdom and Indian origin, were some of the special responsibilities. The Governor was enjoined, however, in the Instrument of Instructions, to use his powers in such a way as to give his Ministers full scope for the discharge of responsibilities which were properly their own.
Reserved subjects also included ‘ecclesiastical affairs’ which meant the established Church and not the Buddhist order as people in Burma, and the Sangha, feared. Chaplains in the Army, and the administration of the Church were the main items in the subject for which expenditure was limited under the act to Rs. 2,84,000 per year.(N.62) ‘External affairs’; the administration of the ‘Excluded Area’ or the areas specified in Part (I) of Schedule II annexed to the Act, viz, the Federated Shan States, the Arakan Hill Tracts, the Chin Hill Tracts, the Kachin Hill Tracts, the Somra Tract, the ‘area known as the Triangle’, the Hukawng Valley lying to the north of the Upper Chindwin District, the Salween District, and ‘all tribal territories which at the date of the Coming into operation of this Act are unadministered’; these are also subjects reserved for the discretion of the Governor. In the subject of ‘defence’, the Governor was instructed to ‘bear in mind the desirability of ascertaining the views of his Ministers when he shall have occasion to consider matters relating to the general policy of appointing persons of Burmese domicile as officers in Our Burma forces or the employment of Our Burma forces on service outside Burma.’
The new constitution was an important experiment with democratic form of government on the Dominion pattern. The power of veto was with the Governor both in the executive and the legislative functions in the performance of which he was guided by the Instructions from His Majesty and occasional directions from the Secretary of State for Burma. But, the In­structions reminded him, he ‘should so exercise the trust which We have reposed in him that the partnership between Burma and the United King­dom within Our Empire maybe furthered, to the end that Burma may attain its due place among Our Dominions.’ Another democratic feature of the constitution was the independence of the Judiciary. The functions conferred on any court or judge by any existing law were declared by the Act to be separate from the executive authority of Burma. The High Court of Judi­cature and the courts under its supervision were independent of the Gover­nor, and even in the event of a grave emergency when the constitution could be suspended under section 139 and the Governor resume all powers, the High Court would still stand independent.
The new constitution worked from April I, 1937, for nearly five years until the entry of Japan into the Second World War and the evacuation of Burma by the British. In the first elections for the Legislature under the new constitution, held in November 1936, the contest was keen. The Nga­hwint-saing (the cluster of ‘Five Flowers’) or the ‘United GCBA’ was led by U Ba Pe, and it declared for a unity of parties to fight for national welfare and freedom within the constitution, now that the differences of opinion over participation or boycott, separation with India or otherwise, had been removed or rendered irrelevant. Leaders of the Twenty-One Party, the Separation Party led by U Maung Gyee, the Central Sangha Association led by the Ye-U Sayadaw with its adherent U Su GCBA, the Yadanabon As­sociation of Mandalay, and the Twenty-One Party of Mandalay were the five flowers that decided, in an assembly held before the elections at Manda­lay, to blossom together. The GCBA led by U Chit Hlaing also fought the elections. Among other contenders were the Komin Kochin Party (Our King, Our Kind) of young men who called themselves thakins (Our Own Masters), and the Fabian Party, led by U Ba Choe, publisher of the Deedok political weekly journal. Dr. Ba Maw, the brilliant inventor, had invented the ‘Sin yetha Party’ or the ‘Proletariats’ and even drafted a manisfestoe out­lining his principles and his programme. Thoughtfully, the Sinyetha Party directed its main attention to the villagers — who also happened to be the big majority of the electorate — and promised democratic village administration, we]fare schemes and free and compulsory primary education, the distribu­tion of land to the landless, the use of taxes collected from villages on the welfare of the villages instead of appropriating them to the funds of the central government, and many other attractive reforms.
In the elections the ‘Five Flowers’ ~von 45 seats, the Prolctariats r6, U Chit Hlaing and his GCBA won 12, the Komin Kochin Party 3, the Fabians r, and ‘Independents’ of sorts collected the remaining 17 of the elective seats.
No one party enjoyed a clear majority over the others combined, and it w just a situation which challenged and pleased Burmese genius for political manoeuvre. The Governor, Sir Archibald Douglas Cochrane, D.S.O., a former naval officer, felt a little at sea in Burma’s politics or perhaps it should be said, noting his former regular profession, a little on dry land, but he did a thorough and honest job in his term of office. He invited U Ba Pe to form a government, and after several days of desparate trying U Ba Pe failed. It was then Dr. Ba Maw who could readily submit his list of names for the first Coalition Cabinet under the new constitution, having won over U Pu from the ‘Five Flowers’ and other leaders and ‘independents’. Dr. Ba Maw became Prime Minister, and members of the Coalition Cabinet were Sir Paw Tun, Home Affairs; U (Thai-rawaddy) Maung Maung, Education; Saw Pe Tha, Forests; U Htoon Aung Gyaw, Finance; Dr. Thein Maung, Commerce; U Ba U, Finance and Revenue. U Chit Hlaing was elected Speaker of the House of Representatives, and thus redeemed for the humiliation of his fall from the position in the last Legislative Council.
In the House politics promptly became a fast and furious scramble for the marginal majority that was required to seize office. No-confidence motions became the regular feature of sessions. There was intrigue and manoeuvre, in which the uncommitted ‘independent’ member was highly priced. The Euro­peans in the House, forming a small but decisive Moc, also became the arbiters of the destiny of every Cabinet. The quality of debate in the House was goad, and a vigilant opposition always kept the Government on its alert. ‘Burma­nization’ of the services was pressed for in the House and by the Cabinet also, with greater success, so that the higher-paid posts and the ‘Secretary of State services’ such as the Burma Civil Service Class I, the Burma Police Service Class I were opened to more and more Burmese recruits. Those prized jobs usually went to the sons of Ministers or sans of friends and sup­porters of Ministers, or the prospective sons-in-law, but deserving young men were also able to force their way in by sheer merits.
While in the House politics tended to become primarily a scramble for office and power, outside in the country new nationalist forces were gathering. There was a great restlessness sweeping the land, a big yearning in the hearts of the people for the things that they were always promised but never really given, for escape from poverty and the low life to the vast heights of freedom and fulfilment. More and more, on the Burmese political scene, it was the people who came to matter, and not the well-dressed, well-fed politician in the House of Representatives or the Senate with his fine words and phrases and the plans which seemed to spend themselves in the planning.

10. YOUNG HERALDS OF A NEW AGE

On May 26, 1930, riots broke out in Rangoon between Indians and the Bur­mese. The cause was economic. Dockyard labourers, traditionally Indians, had struck for higher wages and for two weeks the unloading of cargo ships was at a standstill. Burmese labourers were brought in, and this led to the explosion. The riots, starting from the dockyards and between labourers, spread quickly through the city, and racial feelings were roused, and all who wanted a little excitement joined in the free-for-all. The riots were at last put down, but the deep restlessness and frustration that led to them re­mained.
On June 24, the prisoners in Rangoon jail tried to stage a break-out. A group of conspirators fell upon the warders and sentries, took charge of a few rifles, and tried to force out. Military Police opened fire, and a brief, brisk battle followed in which 28 prisoners, and several Military Police and jail sentries were killed, and 55 prisoners seriously injured. The jail-break that was attempted had no political significance, but it served to heighten the tension that gripped the country.
Later, there were riots again between the Chinese and the Burmese in Rangoon. A small quarrel at a road-side chop-stay shop began a wide­spread series of fighting in the streets, ambushes in the shadows of the city’s nights, stonings and stabbings executed by solitary adventurers or by angry organized masses.
At year’s end, the biggest explosion of all, the Saya San rebellion, burst upon the nervous scene.
Thus, the 1930’s began, and the mood of anger and frustration which seized the people caught the young intellectual even more firmly than it caught the others. Even as, in the days of the YMBA, the England-returned barristers, brought back with them from abroad, the liberal ideas of politics and society, now in the 1930’s it was the senior students of the Rangoon University, and the young writers who went out from it into the uneasy world of the country who began to dream and, being young and eager and energetic, dare to strive for the fulfilment of those haunting dreams.
Around 1930, the Dohbama Asiyone (Our Burma Association) began to take form and shape. First, it was a few young men meeting to exchange their views and dream together. Thakin Ba Thoung and Thakin Lay Maung, two of the prominent founders, had left the University to begin their careers in life, the former as a writer, and the latter as a politician. They found they could not get into the Class I services, for which they needed ‘backing’ by influential people. They could not stoop, after the college education, to be clerks. The only freedom they had was the freedom to dream, and their dreams came out in statements and essays, manifestoes and songs. When the riots with the Indians broke out, the Asiyone issued a statement calling on the Burmese to unite and protect national honour. ‘Comrades,’ read the call, ‘is Burma not our mother country? Love her, we exhort you!’ Burma is our land, the Asiyone slogans went, Burmese is our language; love our land, respect our language and letters. Even those simple slogans sent a wave of thrill through the country.
The Dohbama song composed by the young leaders of the Asiyone, who called themselves Thakin’s (Our Own Masters), also caught on quickly. The song remembered the ancient days of Burmese glory when the armies of the Kings marched as conquerors into neighbouring countries, and the name of Burma commanded respect everywhere; now it was the sacred task of the young generation to recapture that glory, to wipe out the national humiliation of being under an alien ruler. The young £hahins grew in numbers and their enthusiasm rose. They wore the pinni, coarse, home-spun clothes, they wore wooden slippers, shunning the imported leather shoes (which symbolised the West, and subservience to it), and the clatter of their thakin feet on the streets became a familiar sound. Their enthusiasm gushed into odd channels. Reading somewhere that political freedom alone was not enough but there must be economic freedom as well, the young schoolboys and thakins preached boycott of foreign goods, organized small shops themselves or sold things in the streets. Over-enthusiastic young leaders even organized secret societies and pledged themselves to ambush and beat up one Indian, symbol of economic exploitation by foreigners, per night.(N.63) But they soon found that it was not enough to beat up the poor Indian shop-keeper who saved some money by working hard, harder than the Burmese, and living cheaper; the ills of the country could not be cured by giving an Indian shop-keeper a broken nose. Like the riots, the nocturnal adventures of the young schoolboy leaders and thakins were meaningless. But they reflected the mood of the times, the impatience and the enthusiasm to try everything once, stopping at nothing.
In the Rangoon University too, about this time, a small group of senior students was forming which wanted to change the old order and quickly bring in the new. In the 1934—35 session, U Nu, ncw Prime Minister, had re­turned to the University to read for the post-graduate degree in laws, after spending a few years as a teacher at the National High School, Pantanaw. There he met U Ohn, a senior student, who introduced him to ‘three figures in the College who would make history’, Aung San, Kyaw Nyein and Thein Pe.(N.64) They discovered they were like minds. In the following session, 1935—36, they all contested the elections to the Executive Committee of the Rangoon University Students’ Union. Elections were quiet affairs before. The Union was a statutory institution which had the blessing and support of the Univer­sity authorities and its Principal D. J. Sloss, and it had kept clear from politics, even in the most restrictive sense. The 1935—36 elections changed everything. U Nu offered himself as a candidate for the presidency of the Union, and Kyaw Nyein, Them Pe, Aung San, and M. A. Raschid, contested for membership in the Executive. They all won, and under their leadership the Union became more lively, and took a keener interest in contemporary affairs. They took strict care to keep clear of party politics, but invited political leaders of opposite views to come to the Union Hall and debate publicly on subjects of national interest. They promoted art and culture, .exhibitions, and social events, encouraged sports and competitions.
The year 1936, however, had a bigger destiny in store for the Students’ Union than that of a social and literary club. Early in the year, U Nu as presi­dent of the Union, made a speech criticizing the administration of the Union by its Council and the authorities. Principal Sloss became angry and served Nu with the expulsion order. Soon afterwards, another expulsion order was issued, this time against Aung San who, as editor of the Oway annual magazine, organ of the Union, had published an article entitled ‘Hell Hound at Large’ in which a member of the University staff, easily recogniz­able by the description, was severely attacked. Aung San was first asked to reveal the author of the offending article(N.65) and when he refused he was ordered to leave. The final examinations were round the corner then, and the Principal probably thought that the students would be too engrossed in their studies for the examinations to worry about the expulsions.
The contrary was the case. The Union convened a mass meeting of students, and reported what had happened and invited suggestions for action. The Executive Committee of the Union, in private discussions, had been inclined towards cafling on a strike, but they could not be sure about how the students would respond. The meeting, however, dispelled all doubts. Raschid presided, and fiery speeches were heard from Khin Maung Gale, Kyaw Nyein, and others. U Nu eloquently appealed that students should consider the issue on principle, and not be swayed by any sentiments for him. Students in India were on strike, he pointed out, and returning their degrees to the Universities as a gesture of contempt for the slave education. Not degrees only were they giving up, but their lives. The rich in India were giving up their wealth and taking up the nationalist struggle, They should serve as an example. U Nu’s call was answered with enthusiasm and emotion. When Raschid rose to speak and find out the mind of the meeting, his voice was drowned in shouts of, ‘Let’s go out, go out!’ and ‘Down with the Princi­pal!’ Outside the Hall, thoughtful buses were already waiting, and students stepped onto the buses and drove round on the campus, shouting they had gone on strike, and asking their friends, and the girls in the women’s halls, to come out and join. Thus, on February 25, 1936, with carefully organized spontaniety, some 700 men students of the University College, and some 25 woman students, went to establish their striker’s camp at the Shwedagon Pagoda.
At the camp there had to be hasty consultation among the leaders as to what they should say their grievances and demands were. The expulsions were good cause but not entirely adequate to be the sole subject of demands. The University Act itself must be challenged, and, of course, ‘slave education’, and looking beyond, the evil colonialism that held the country enslaved. Thus, at night while the students slept at the camp, or talked or sang or played cards in their little dusters, Raschid who was legally minded, and U Nu who was not attracted at all to matters of detail but was always ready to soar into airy heights of dream and eloquence, and the other leaders, got down to reading the University Act for the first time to discover how it could be criticized.(N.66)
The demands, however, were unimportant. What was of historical significance was that the strike released a massive wave of nationalist movement that was to sweep people through vital years to ultimate inde­pendence. The expulsions of U Nu and Aung San from College quickly paled and faded from sight as the strike became an expression of national defiance against alien authority. The press and the people gave the students their whole-hearted support. Food parcels and funds flowed in, and students lived well in their camp. The young leaders were national heroes. Their speeches were reported under prominent headlines; their pictures were carried by the newspapers into every home. The publicity pleased the young leaders. Some of them admired Adolf Hitler whose rising star they had watched on the western sky. Some admired Mussolini, and practised the fascist salute, and posed to cameramen. U Nu practised his gestures in public and in the privacy of the small group of his colleagues; he perfected the admonishing finger which he still uses today with some effect. Aung San was the emotional one, swinging between steel resolve and soft tears. Raschid was the organizer, the calm rock of strength; students depended on him. Kyaw Nyein, who had given up his finals in the English honours degree to join in the leadership of the strike, was the brains, and in charge of public relations, with the help of friend Nyo Mya, author of the famous and fateful ‘Hell Hound at Large’ article. There were others too who worked hard to keep the strike going, who collected the funds and the food parcels and kept the morale up: Khin Maung Gale, U Ohn, Tun Win, Tun On, Thi Han, and a host of others. The young bodies helped too, and their very presence at the camp was a big tonic for the morale of their male comrades: Ma Ah Mar, Ma Khin Mya, Yi Yi and others are among the remembered names.(N.67) U Kyaw Myint, the barrister, headed a committee of elders who took upon themselves the task of keeping the camp provided and of guiding the young leaders in their campaign.
The strike spread all over the country. The Government, with Dr. Ba Maw in charge of the Education Ministry in the last dyarchical set-up, negotiated and came to terms with the students. ‘What are your minimum demands,’ Dr. Ba Maw would ask Nu, Raschid and the student leaders in private discussion, ‘eight annas in the rupee? Then ask for twelve, and I shall see that you get our eight.’ Then the discussions would proceed between the Government, with its dominant British element, and the students, and the students got their eight annas in the rupee. It was a great victory, and the strike was called off, and students returned to their examinations. It was, for the young leaders, their first big test, and their first real coming together. Destiny was to throw them together more for they, the young heralds of the new age, had only just arrived.

II. THE ‘YEAR OF REVOLUTION’

U Nu drifted into politics, after returning his B. A. degree to the University. He joined the Dohbama Asiyone and became Thakin Nu, the Asiyone’s principal dreamer and fund-raiser. Kyaw Nyein went back to take his Lonours degree, then took a job in the customs department to earn enough to keep himself and his political friends while he worked for his law degree. Raschid went back to lead the University Students Union, collect his law degree and start his practice. Aung San also went back to take his B.A. degree and venture into a little law, to preside over the Union and the All Burma Students Union which grew out of the strike; in October, 1938, he too left the University to join the Dohbama Asiyone and become Thakin Aung San.(N.68)
The young thakins opposed the new constitution brought in by the Govern­ment of Burma Act. Though three of their comrades won their way into the House of Representatives, their vow was to wreck, rather than work the constitution, and to proclaim their disinterest in any profit for themselves they refused to draw their salary as members. On April I, 1937, the day that the constitution came into life, Thakin Nu and some fellow thakins stood solemnly in front of the High Court buildings and burnt the Union Jack and a copy of the Government of Burma Act in a gesture of contempt. The deed was reported in the Sun and the New Light of Burma newspapers, and it was thought that the Government would take severe action against the offenders. But Dr. Ba Maw, newly installed as Prime Minister, refrained; the young leaders’ bravado was much after hi~ own heart, and though separated by a considerable gap in years from them there was some affinity between the young thakins and himself and considerable, if grudging, mutual admiration.(N.69)
1938, or the year 1300 of the Burmese Era, was the ‘year of revolution’. There were riots in July in which, once more, the Indians in Rangoon and the Burmese went mad, killing and wrecking at random. The origin was religious. One Saya Shwe Phi, a Muslim teacher, of Myedu, a village in Shwebo town­ship, had, in 1931, brought out a pamphlet of religious discussion, in which Buddhism was somewhat scathingly criticized. The first edition of the pam­phlet went unnoticed. A new edition was brought out in 1936 by a Rangoon publisher, and this time, with nationalist feelings at a high pitch, the com­ments on Buddhism were taken up by the few Burmese who read the pamphlet as an insult delivered to the people. The pamphlet was reviewed in the Sun, the New Light, and New Burma newspapers, and it was thus that in July 1938 the pamphlet, and Saya Shwe Phi drew upon themselves the anger of the Burmese. The Sangha convened an assembly at the Shwedagon on July 26, and denounced the pamphlet, and demanded a Government order to ban it. The young Sangha then marched through the streets of the city, and their anger and enthusiasm mounted as they marched. A solitary and ill-fated Indian milkman who crossed their path was stoned, and excite­ment seized the demonstrators. When they reached the Thaingyizay market in the city, they were already a mob, and Indian Muslims who caught their eyes received the treatment. The riots had begun. For several days the riots ran wild, and it was only towards the end of August that the Government could pronounce the situation normal. A Riots Enquiry Commission was formed, and it reported in due course,(N.70) but the riots had left their deep and ugly mark on the uneasy scene, and that mark could not be erased by the Commission.
Soon after the riots came the troubles in the oilfields of Yenangyaung.(N.71) Workers there had made their demands for better conditions, but the em­ployers, the British-owned Burma Oil Company, did not respond. For some months the workers waited, and then they decided to go on strike and march down to Rangoon, 400 miles away, to lay their grievances at the very door of the Government. The march became an epic. It caught the imagination of the people, particularly the students, and won the enthusiastic support of the nationalist press. Dr. Ba Maw sent one of his Ministers, Dr. Them Maung, to Yenangyaung on a mission of conciliation, but the mission was fruitless for the B.O.C. refused to yield. Some 2000 workers joined the march, and they were fed and encouraged by villagers all along the way. The All Burma Students Union sent out from Rangoon its president, Ba Hem, and its secretary Ba Swe, to meet the marchers and bolster their morale. At Magwe, the march was stopped by Government order, and Ba Hem, Ba Swe, and Thakin Soe were placed under arrest. (N.72)
There was uproar in Rangoon. Students protested against the arrests. The Rangoon University Students Union passed resolutions and held de­monstrations. On December 20 they marched in a mighty procession through the streets and surrounded the Secretariat offices, planting pickets at the gates. A tense morning slowly passed, and in the afternoon the students withdrew their pickets and assembled to march away. Their leader, Hla Shwe (N.73) president of the Union, addressed the assembly, and there was confusion as students scrambled to hear him. In that confusion stones were thrown and the mounted police charged, beating with their batons and trampling students under their horses. Many were hurt, and one Aung Gyaw, a 22 year old student from Henzada township, was struck on the head several times by heavy baton blows. He was admitted into hospital where he died. Aung Gyaw Immediately became a martyr; his funeral became a huge rally of silent pro­test, and it was filmed and shown all over the country to people who mourned the death as if it was that of a son. A Secretariat Incident Enquiry Commit­tee was appointed by the Government, but Committees could not cope with the situation. (N.74)
The peasants also marched, organized by the All Burma Peasants Or­ganization, a wing of the Dohbama Asiyone. They caine out from Thara­waddy, from Pyu, and from Pegu, in sympathy with the oilfield workers. There were also strikes of workers in Rangoon factories; even-the girls who rolled cheroots at Ma Sein Nyunt’s shop in Rangoon went on strike. Like contagion the strike spread through the country, and more people were striking or marching in 1938 than working at their jobs. Early in 1939, the students went on strike again to lend support to the nationalist movement, and partly to evade their on-coming examinations. Their strike was purely political now. Aung San and others who had left the University for politics wanted the students to take more active part, in fact to be fully active, in politics, on the argument that it was time for struggle, not for study. There was restlessness everywhere. In Mandalay, the strike was led by senior students of the Intermediate College, and Khin Maung Gale and other teachers of the National High School. The strikers camped in the Aindawya pagoda, and the Young Sangha Associations actively supported them. Feelings were so high after the Aung Gyaw incident, that young Buddhist monks went about the town persuading the young men to let them shave off their heads to rid them of the western-style hair-cut, the badge of servitude.(N.75) The monks also went about in the Zegyo main market in the city, persuading young women to give up wearing their imported foreign voile; the monks carried scissors which they generously employed to cut up the jacket of any unresponding young woman.
On February 10, 1939, a giant demonstration was staged by students and the sangha through the streets of Mandalay. The Government in Rangoon issued instructions to the officers in Mandalay to stop the procession. A clash was expected, and the hand of fate seemed to lay heavy on the assem­bly which started from the Aindawya Pagoda. The procession was over a mile long. In fact when its head reached south-west corner of the moat which surrounds the palace of King Thibaw, the tail-end was still wagging impatiently in the Pagoda, itching to leave. The district officials stopped the procession and warned that if there was no dispersal the police would be ordered to open fire. Elaborate precautions had been taken by the officials. There were layers of police, and the military, taking command of tactical points all along the road, and armed with rifles and machine-guns. The sangha who carried banners at the van ignored the warning and marched firmly on, and the police opened fire, and seven sangha sagged with mortal wounds, hugging the banners that they carried. More volleys were fired, and in a matter of few minutes seventeen were mown down. Seven were Buddhist monks, the rest were students and civilians, of whom one boy, Tin Aung was of tender years, being aged 12.
The funeral of the martyrs of Mandalay was a huge and emotional affair, followed by demonstrations in Rangoon and the appearance of ‘suicide squads’ of volunteers who led the demonstrations daring the fate that befell the martyrs. In Rangoon and the district towns, thakins and student leaders expressed their disapproval of the Ba Maw Government by burning the effigy of Dr. Ba Maw or staging mock funerals. ‘Down with the Coalition Cabinet,’ was the ringing cry, ‘Ba Maw and Ba U with their repressive laws are such a nuisance,’ sang the songs. In the House of Representatives the j intrigues and shifting alliances moved in tempo with the times. The British bloc was getting tired of the uncertainties and the unrest which were bad for business; also they were getting tired of being ordered about by Dr. Ba Maw. ‘Galon’ Saw with his energy and ruthlessness was also pushing his way up. There were few loyal followers, hardly any consistent policy or ideology; the whole thing was a game which went to the quick and the sharp.
In February, after the funeral of the martyrs and the many mock funerals of himself. Dr. Ba Maw fell in one of the regular seasonal no-confidence motions. It was said that when the House met to consider the motion, the leader of the British bloc had two speeches in his pocket, one in support of the existing Government, one against, so that he might watch where the wind blew, and make up his mind and read out the relevant speech. The wind blew against Dr. Ba Maw, and the British member made the speech which denounced the Government in frank and forceful terms, and it was time for Dr. Ba Maw to go. U Pu, who was Minister in the Ba Maw Cabinet, became Prime Minister, and ‘Galon’ Saw, leader of the ‘Myochit’ (Patriot) Party joined as Minister for Forests. Saw Po Chit, a Karen leader, joined the Cabinet as Education Minister, and U Htun of the ‘Five Flowers’ as Commerce Minister. Sir Paw Tun remained, with U Htoon Aung Gyaw, in the new Cabinet.

12. THE COMING OF WAR

As War in Europe became obviously imminent, in the House of Repre­sentatives members pressed their demands for building an adequate defence for Burma. There was not much of a Burma Army,(N.76) and few Burmans in what was there of it. The Government had raised a Sappers and Miners battalion, and a few Rifles battalions admitting Burmans with great hesistance. It hoped that war would not come to Burma, and if at all it came, the natural barriers such as the massive mountains would keep the invader out; those few of the enemy who might trickle into the country would then be adequately met with the support of the forces of India.
Outside the House, the young thakins rather hoped that war would come soon for then ‘Britain’s difficulty would be Burma’s opportunity.’ More and more they began to feel that freedom could not be won by strikes and slogans, that it must be fought for, with foreign military assistance if that could be procured. The Nagani (Red Dragon) Left Book Club, started in December 1937 by Thakin Nu, U Ohn Khin, and Thakin Than Tun(N.77) published trans­lations of stories of the Irish fight for freedom, and other leftist and revo­lutionary booklets which thousands of eager readers hungrily consumed. The Nagani journal also breathed fire and sedition with Saya Tun Shwe working as its devoted editor, and Saya Ham, and several other enthusiasts helping out in various capacities.(N.78) The Sun, the New Light, the Deedok journal, the Kyipwayay (Progress) magazine, and the New Burma English tri-weekly newspaper, were among those which helped to keep nationalism aflame.
Dr. Ba Maw resigned from the House of Representatives in 1940 declaring that the centre of gravity of political struggle had shifted outside it. A ‘Freedom Bloc’ was formed by Dr. Ba Maw, as leader, styling himself the ‘Dictator’ or ‘Anarshin’. Thakins gave the bloc its backbone and Aung San was its secretary. Up and down the country the leaders went uttering sedition and Courting arrest. Thakin Nu was arrested in that year, shortly after his return from a goodwill visit to China,(N.79) prosecuted for sedition and sentenced to a year’s imprisonment. Thenceforth he proceeded from jail to jail till the Japanese invasion. Dr. Ba Maw too was prosecuted in Mandalay, and with majestic scorn he left the courtroom where his trial was proceeding and gave a political speech to the audience which had gathered outside. He too got a year in jail.
Thakin Aung San visited India in Mrach that year to attend the Ramgarh session of the Indian National Congress. With him were Thakin Than Tun who was destined to become the top Communist in Burma and his bitter political enemy. The delegation visited places and met several leaders, and Aung San came back more impressed with Subhas Chandra Bose than with Mahatma Gandhi. Aung San too soon earned a warrant of arrest with a five rupee reward attached to it. A year or so in jail was not, however, what he wanted.
He and a small group of close associates who called themselves the ‘Burma Revolutionary Party’ had been doing some hard thinking about how to get military aid from outside. It was all rather vague and romantic. Aung San, himself had at first suggested that ‘mass action’ could be organized and aroused in the country without foreign help. Strikes, and militant propa­ganda could be intensely carried out, and when war approached the British administration would be paralysed, and troops would come over to ‘our side’, and if Japanese invasion came, then a National Government of Burma could negotiate with the Japanese, or even fight and repel the invasion. That was the grand plan of my own’ which his comrades could not feel enthusiastic about because they were ‘hesitant before any decisive action even though we might think and talk bravely’ and ‘though we might talk about mass action and mass struggle we were not so convinced about its efficacy.(N.80) ‘Thus, the BRP decided that foreign aid was essential, and Aung San, after hiding from the police and his warrant of arrest for a little while, slipped out of the country to search for foreign contacts.
In the House of Representatives, ‘Galon’ Saw had risen. He brought down the U Pu Cabinet, of which he himself was a member, and formed his own Government on September 9, 1940.(N.81) Galon Saw was a ruthless and ambitious man, and he stamped out opposition with thoroughness; his ‘Galon Army' which carried bamboo staves would break up meetings of thakins in district ~towns by force. U Saw was also fond of the spectacular, and performed the ploughing ceremony’ which the early kings used to do to invoke the blessing of the spirits for good crops. He would wear his ‘Galon General’s’ uniform at such occasions, looking a little plump and puckish with his dark shining ~skin and his square face in which a flat nose seemed to have been stuck lather at random. He would go up in his private aeroplane and pay his respects to the Shwedagon from the air, a thing that the orthodox Buddhists considered to be quite disrespectful.
When the Second World War started in Europe, and Burma was declared by the Governor to be automatically at war with the Axis Powers, there was :dissatisfaction among the people because they had been dragged in without being consulted. In the House there were questionings and grumblings. The Atlantic Charter raised hopes of getting from His Majesty’s Government at least a pledge of Dominion status for Burma after the war, but that pledge did not come. U Saw, desperate because a hero’s place in history was evading him, decided to visit London and see Mr. Winston Churchill about it. Sir Reginald Dorman-Smith, who had arrived as successor to Sir Archibald Cochrane, reported to Mr. L. S. Amery, the Secretary of State for India and Burma, recommending that U Saw should be invited to London for general talks. Churchill agreed. ‘Certainly let an invitation be sent,’ he wrote in a minute to Amery. and added in a wry sort of humour a proviso that in general you see U Saw.'(N.82)
U Saw went, taking with him U Tin Tut, the seniormost Burman of the Indian Civil Service. People in Burma were a little intrigued but unimpress­ed with what U Saw later called his ‘Journey Perilous.” (N.83)An anonymous playwright wrote a play called ‘U Saw’s London Diary’ and the New Light serialised the satire for several weeks much to the delight of the readers.3 In London U Saw saw Amery and Herbert Morrison and other Ministers. He visited military establishments and gave his attention to civil defence measures. He wrote letters to the Times commenting on special articles published in the newspaper on Burma, or on letters from its readers.(N.84)Com­menting on an article published on October 14, 1941, he asked ‘what status is to be given to Burma in the British Commonwealth when the war is ended. What Burma wants to know is whether, in fighting with many other coun­tries for the freedom of the world, she is also fighting for her own freedom.. The demand for complete self-government is a unanimous demand of the Burmese people and it was made incessantly long before the Atlantic Charter.’ In his letter he made a strong case for Burma, dealing ably with the sug­gestions that Burma was yet to gain maturity to govern herself, and ended with a plea to the ‘British people to put us to the only true and real test of our ability to govern ourselves, and that of allowing us to do so as in the case of the Dominions.’ He signed the letter ‘Saw’ at the Dorchester Hotel where he and U Tin Tut stayed.(N.85) ‘There will always be some Englishman who will never be satisfied that Burma is fit for self-government,’ U Saw wrote to the Times on another occasion in reply to certain ‘disparaging remarks’ of a correspondent, ‘and I acknowledge that they may hold that view in all sincerity. But present conditions in Europe might on the same line of reasoning well suggest to the Burmese people that, viewed by results, no country in Europe is at present fit for full self-government.’ (N.86)
On October 22, U Saw spoke to Members of the House of Lords and the House of Commons in a Committee room of the Commons on ‘Burma after Separation.” (N.87)He met Churchill and was rejected in his demand for an as­surance that immediately after the war, His Majesty’s Government would establish Burma as a self-governing Dominion. He expressed his disappoint­ment at this ‘rather sharply’, as an editorial of the Times commented in its November5th. issue. On November 4,
U Saw was guest speaker at the luncheon given by the East India Association and the Royal Empire Society. Mr. Amery presided, and said that the Government could not bind itself to definite dates until it could see at least the outline of the problems which would face it at war’s end. But the Government would stand by the declared aim of promoting Burma’s attainment of Dominion status as the ‘goal and objective of constitutional progress’.(N.88) On November 27, Mr. Maxton, Mem­ber for Glasgow, Bridgeton (Independent Labour Party), raised a question in the House as to whether ‘any immediate steps are to be taken to establish sell-government in Burma.’ Mr. Amery, in reply, said that the visit of U Saw had’ provided for the establishment of personal contacts which are always most valuable and for an exchange of information and views between him and Ministers here on a number of matters of interest to Burma and His Majesty’s Government.’ But, admitted Mr. Amery, when pressed with a supplementary question, it was ‘not practicable to give the kind of definite assurance that he (U Saw) came over here to seek’ and U Saw did ‘not al­together’ agree with that view.(N.89) In fact U Saw differed violently and said so. ‘The result I have achieved is not satisfactory,’ he wrote in his statement to the press, ‘and is not commensurate with the amount of risk I have under­taken in coming to England.’ It was his desire ‘to see that both Burma and Britain pull well together’ and ‘people of the Empire should be quite united as members of the same family.’ The British Government had given an assurance that self-government would be bestowed on Burma one day, but no one knows when Burma will get self-government.’(N.90)
With that, U Saw flew to the United States where he received a polite but cool reception, and, with Japan’s entry into the war, he turned back to fly home via Europe. He never got home for the war. The British Government, on receipt of intelligence reports that U Saw had turned to Japan, decided that he should be interned for the duration of the war. U Saw was therefore stopped on the way and taken to Uganda. His arrest did not cause any excitement in Rangoon. Sir Paw Tun who had become a permanent fixture in every Cabinet, took over as Prime Minister. The constitution was suspend­ed, and the Governor invoked section 139 of the Government of Burma Act to take over the legislative and executive powers in the emergency.(N.91) Sir Reginald Dorman-Smith was ill-fated as a Governor. He was a charming politician, a Member of the House of Commons and a Minister before he became Governor. He came flashing his winning smile. But the situation in Burma, the ugly mood that prevailed among the people, and then the war, were more than smiles could adequately deal with.

CHAPTER II

WAR AND JAPANESE OCCUPATION

I. THE BURMA INDEPENDENCE ARMY

The Burma Revolutionary Party had felt the need for getting arms and assistance from some friendly foreign power, but they could not be sure about who that power would be. In fact the ‘BRP’ itself was a vague and formless body of young thakins who met in secret places or on a secluded corner on the University campus at dark nights and dreamed their dreams aloud. Thakin Mya was the oldest among them. A leader of the first students strike of 1920, Thakin Mya practised law in Tharrawaddy and drifted into politics, winning a seat in the House of Representatives on the ‘Komin Kochin’ ticket. He was the unemotional, unflustered kind, and the younger ihakins learned to look to him for counsel in crisis. There was also Thakin Chit, or Saya Chit, the schoolmaster, who was also looked upon by the younger set as teacher and guide.(N.92) There was Thakin Kyaw Nyein, intellectual as well as energetic, working in the customs department by day, to earn enough to feed himself and his friends and the BR?, the provider and the brains. Ba Swe who was a student leader in the Tavoy high school, had also been specially brought over by the Rangoon University Students Union, to organize the student body and the BRP. Aung San, of course, a thakin leader now, and Secretary of the Dohbama Asiyone, after having ousted Thakin Ba Sein and Thakin Tun Ok who went and formed their own Asiyone, Secretary of the Freedom Bloc.
Those were the leaders of the BRP. Their headquarters was the Dohbama Asiyone, or the Students Union Hall. Their associates were the thakins, and the students, the youth associations such as the ‘Steel Corpse and the ‘Let yon Tat’, where young men wore uniform and drilled with bamboo staves. Hla Maung, a law student, and president of the All Burma Students Union, keeper of house and conscience for Kyaw Nyein, was the liaison man of the BRP, a diplomat even then who could search in the high or the low places for ‘contacts’ and meet the police hunting parties with an innocent smile. Hla Maung and Thakin Hla Pe crossed into Thailand once on a search mis­sion, and the police intelligence in Rangoon came to know about it when they had gone and come back. An alibi was convincingly made, with U Myint, lecturer in the law faculty giving the advice, and U Tin, owner of the New Light of Burma, aiding in the conspiracy by publishing false reports about Hla Maung’s activities in Rangoon when, in fact, he was away.(N.93)
The conference of the Dohbama Asiyone, held in Tharrawaddy late in 1939, had resolved non-cooperation with the British and, indeed, resistance with arms. That was the declaration of war, and the Government started rounding up prominent thakin leaders and putting them away in jails. That was the time, therefore, that the BRP frantically sought ‘contacts’ and arms. Both were hard to come by. Ba Swe was put in charge of ‘military operations’ and for his gigantic task he had one revolver which did not fire, but that did not matter for there was no ammunition anyway. But a dead revolver could be used at least for waylaying people at night and collecting their money and jewels. Ba Swe and his boys did just that, one night, using the deadly looking revolver to hold up a man, but unfortunately for the revolution the man -happened to be poor and had nothing to offer but his sweaty shirt, and the revolutionaries had to let him go with apologies.(N.94) Two young men were keen enthusiasts in the conspiracy. One was Maung Maung, a medical student and secretary of the University Students Union. He had got hold of a few British army training manuals, and having read them, he appointed himself chief of military training, and went about the city in his small old Ford, training the cadres in the use of firearms. Another was Aung Gyi, an intense student leader who having passed out from high school in Paungde. had come to Rangoon t3 take a job in a Government office and collect ‘vital information’ and work for the BRP at nights. (N.95)There were several others like them who were making war on the British with no funds, no firearms but an endless supply of fury and fanciful ideas and keenness. Revolutions in history are made by such men.
There was at first a glimmer of hope that Japan would lend the support that the BRP sought. In Rangoon, the Japanese Consulate passed word through Dr. Ba Maw and Dr. Them Maung that they were willing to discuss, but when the BR? eagerly went after, they turned cool, because, Aung San later discovered, ‘they thought we were Bolsheviks!’ There was also a section in the BRP which was suspicious of Japan and her known ambitions. The result was that Aung San, with Thakin Hla Myaing, smuggled out by boat to Amoy on the China coast. His mind was open. If he could make his way Into China and contact the Communist Eighth Route Army, whose exploits they had heard of and admired, he would decide for China. Otherwise it could be Japan. And Japan it was, for the earlier contacts made in Rangoon started working, and while Aung San and his colleague were spending their tune in the international settlement of Kulangsu island in Amoy, a Japanese major of the military police came looking for him, armed with a copy of his photograph which had been sent out from Rangoon. On 12th. November, 1940 Aung San and his friend flew into Tokyo. ‘After two or three days stay m Tokyo,’ Aung San wrote, ‘we were taken to a country hotel.’ Colonel Suzuki who had met them at the Tokyo airport, introducing himself as Mr. Minami Chief Secretary, Japan-Burma Society, then ‘asked us at the hotel if we would like to take any woman. (I was up to that time a hundred percent bachelor.) We were abashed to hear it and we replied, No.' (N.96)
Thus began the adventure, without women, without wine, in all the seriousness that the 27-year old Aung San, and the much older and more sophisticated Suzuki could jointly muster. Keji Suzuki was the professional soldier. After graduating from the Japanese Military Academy, he had been assigned to the Phillippines where he acquired interest and information in island warfare in particular and South-east Asia in general. Later he served at General Headquarters as ‘Chief of the Vessel Department’. He was a free-lance at heart, however, and his dream was that ‘instead of presenting a special kind of fruit to the Emperor he would present a country.' (N.97)But his ambition was tempered with ideal. He wanted a country for a special fruit for the Emperor but a fruit not to be eaten up but prized and preserved and protected. Aung San’s patriotism impressed him. The young man’s honesty, which was also one hundred percent, commanded respect. Together, then, the young man from Burma with the mission of his country’s liberation from foreign yoke, and the older adventurer whose ambition was to engineer Japan’s expansion into further shores, worked on their plans for Burma, each in his way feeling that the destiny of that country lay in his hands.
Japan was not at war yet in November, 1940, and Suzuki could not get full official support for his conspiracy, having to collect money and men from where he could. Aung San and his colleague were moved about and passed off as Japanese students. Aung San’s Japanese name was Omoda Monji’, Hla Myaing was ‘Itoda Sadaichi’. November, when they arrived, and the following months were cold, and they had only their shabby summer clothes, and ‘Col. Suzuki purchased overcoats for them out of his own pocket-money and Mr. Sugii sold his camera and bought mats, pillows, food.' (N.98)Gradually, however, more support became available for the mission, and the Japanese Imperial Army, to which Suzuki belonged, and the Imperial Navy which had given more attention to the South-east Asian region and had at first looked upon Suzuki and his band as amateurs and interlopers, decided to join hands and establish the ‘Minami Kikan’ for the concentration and coordination of their efforts on the region.
In February, 1941, Aung San went back to Rangoon, disguised as an officer on the ‘Shun Tein Maru’, with one of the leaders of the Kikan, Mr. Mitsuru Sugii, disguised as purser of the ship. Their mission was to contact the Burma Revolutionary Party, smuggle out ‘thakin members’ to Japan for military training, and ‘to collect all information regarding Burma.’ The ship harboured at Bassein, and Aung San and ‘two members of the crew donned their crew’s clothes, and left by the front gate on the pretext of wanting to purchase bananas. Entering a nearby village Aung San changed into Burmese clothes. Putting on false teeth as a disguise, he entered Bassein town. Travelling by way of Henzada he arrived in Rangoon.’ The BRP was met, in Rangoon, and the young thakins marshalled for the Japan journey. Earlier on the faction of the Dohbama Asiyone led by Thakin Ba Sein had tried independently to get Japanese contacts and lay their own plans for the war. Now in the heat and hurry of the moment, faction was forgotten. Young thakins were smuggled out in batches by sea. ‘From February to June, eight voyages were undertaken,’ noted Sugii in his diary, and during this time almost all the ‘thirty comrades’ were smuggled out of Burma. The ‘Varsity-Co-operative Stores’ which Tun On, of the 1936 students strike, was managing, was the convenient hiding place and assembly point for the young volunteers. When the day came for them to embark, they would dress as crew of a Japanese vessel, hold a bunch of bananas in the hand as a signal, mingle with the real crew and pass through the police barrier at the wharf, and hide in the engine room of the boat till Rangoon was left safely behind. Sometimes it was in the engine room only that the ‘Ba Sein thakins’ and the ‘Aung San lhakins’ discovered each other and found they were launched on the same mission. They quickley welded together into a force. (N.99)
The ‘thirty comrades’ as they later came to be celebrated, trained in Japan for several months specialising, in selected groups, in sabotage and fifth column work, in administration, in general staff duties, or general warfare. Aung San was marked out for command of the ‘Burma Independence Army’ which was to be launched into Burma, and Thakin Tun Ok, the co­-leader of the Ba Sein-Tun Ok faction of the Dohbama Asiyone, was prepared for administrative duties. The comrades also changed their names, partly for disguise, and partly to render their mission auspicious. Thus Aung San became ‘General Teza (the Powerful)’; Hla Myaing was ‘Bo Yan Aung (Conquerer of all Foes)’; Hla Pe was ‘Bo Let Ya (the Right Hand man)’; Shu Maung was ‘Bo Ne Win (Brilliant like the Sun)’, and so on. Suzuki himself also took on an auspicious Burmese name, and became ‘Bo Moe Gyo (General Lightning)’.(N.100) Everything was ready now: the training was done, the plans were made, and even the assumed names had been found. Soon the time came to march.
In Rangoon, the BRP leaders waited. War was declared. Japan swooped on Pearl Harbour. Rangoon was bombed, first on December 23rd., then repeatedly later, and soon the city was deserted. The Governor withdrew, and the military which had promised to hold Rangoon at all costs, also began, one morning, its slow northward trek. From the radio, a sweet female voice cooed daily about the beauty of the Fuji Yama and the cherry blossoms, and the imminent arrival in Burma of the Nippon liberation army. Thakin Tun Ok took a more angry tone, and exhorted the Burmese people to fall upon the British and hurl them out of the land. Kyaw Nyein, Ba Swe and their BRP comrades impatiently waited in deserted Rangoon for news, and arms to hurl the British out with. The houses were empty now, and there was no shortage of headquarters and camping accomodation. They rode about on bycycles, and when the Japanese aeroplanes dropped leaflets, they would ride out and snatch copies, eagerly reading between the lines for any messages. At last the first group of the ‘BIA’ led by Bo Ne Win arrived in Rangoon to muster the men who had been training with bamboo staves, and to work behind the lines. In a few weeks, the BIA came up from Moulmein and Mergui, gathering numbers as it came. The Burmese who had settled in Thailand had provided volunteers, and the villages all along the routes which it took had offered eager recruits. The men came, wearing assorted uniform, carrying assorted arm, flying the BIA banner of the dancing peacock, the national bird, in a background of red, green and yellow. Enthusiasm ran high. Students and teachers, politicians and professional men, bad hats and dacoits, all joined, some to serve the country, some to serve themselves and settle old scores.
Victory came easily. Here and there skirmishes broke out as the invading forces and the retreating British army collided. At Shwedaung on the way from Rangoon to Prome, the British made a stand, and the BIA, under its young commander, Bo Yan Naing, had its first real taste of battle. With dash and daring the BIA fought, hurling itself, often with disastrous results, on tanks and machine-guns. The British troops at last withdrew, and the Shwe­daung victory and its hero, Yan Naing, became the subject of songs.
The Japanese had promised, before the battle for Burma, to equip and launch the BIA into the country and stay out themselves, to support the country’s independence as a friend from afar. It was a promise which was lightly given and, in the face of easy victory, quickly forgotten. Thus, after Rangoon, the growing BIA became a growling force of discontent against the Japanese. There was also the usual jealousy of arms on the field, the anxiety to get there first. To prevent clashes, the commanders decided that the armies should march separately, the Imperial Army by road from Rangoon to Toungoo and north to Mandalay and beyond, and also over the mountains through the Shan State northward, while the BIA took to the Irrawaddy river and passed through the Delta region and proceeded to Mandalay and Bhamo. Aung San commanded the BIA in the field, with Bo Let Ya as chief of staff. The army split in two main columns with Bo Zeya (N.101) and Bo Ne Win in command of each. (N.102)Bo Moe Gyo acted as commander-in-chief, the father of the BIA; he had come to believe in his legendary role as the ‘lightning’ which ‘.vas to strike and destroy British power in Burma; he went about wearing Burmese dress, complete with gaungbaung, and feeling very Burmese.
What was important about the BIA was not its victories which were few. Its real service was in bringing Burmese nationalism to full stature. The British had not trusted the Burmese to defend themselves; in crisis they had appointed a Burmese Counsellor of Defence (N.103)and raised a small militia, a small naval reserve force, and a small air force.(N.104) Those emergency measures did neither touch nor tap the vast masses of the people. The BIA, on the other hand, touched every home, and drew forth the father and the son into its open arms. For the first time since Bandoola (N.105)the Burmese could form themselves into a patriotic army and march under the national banner.
On its march, the BIA committed atrocities and excesses, but served generally to bolster national morale, and keep law and order. In the Delta it clashed with the Karens who, believing the British word that there would be no retreat but only some adjustments of positions. resisted with arms. In the towns, the BIA adopted drastic measures to restore and maintain law and order; they would try and sentence thieves and dacoits and take them out into the open grounds to put them to the bayonet under the eyes of the people.
There were opportunists too among the thakins, many of whom wanted to be put in charge of the ‘peace preservation committees’ which administered the towns and villages in the interregnum, for that gave them power and chances to get rich. Aung San, marching with his men to Mandalay, wore his one set of uniform all through with no change, no bath, and was gloomy and morose. He wanted the thakins to march with the BIA, and learn to fight, for the fight had just begun.

2. MILITARY ADMINISTRATION

In April and May 1942 General Bo Moe Gyo issued several orders, first appointing Thakin Tun Ok, alias Ishihara, the chief administrator of Burma, and instructing the people to give their full support to him. Thakin Tun Ok was also authorised to collect funds for the central administration and the BIA. Then there were directives issued by Thakin Tun Ok. Directive num­ber 1. mapped out administration policy. The territorial divisions into village, township, subdivision, etc., were to continue, and at each level there was to be a committee with a president, a secretary, and members for finance, justice, health, education, defence, transport, BIA recruitment, supplies, and propaganda. Directive number 2. prohibited forcible recruitment for the BIA, and forcible collection of funds. All British currency notes were put out of use, and those who were found using it were to be severely punished. Administration committee members who had come into funds, currency or coins, must not keep them, but render accounts to the central administration and surrender the money.
The committees were, however, short-lived. By May almost all the country, with the exception of the Chin hills and the remote hill areas in the north, had come under the occupation, and the Japanese Military Administration took over, dissolving, and often brusquely dismissing the committees. Japanese Military Administration was thorough and total, tolerating no rival authority. The BLA which had grown to 5o,ooo was also gradually restricted. First the army was regrouped in Bhamo, and later at Amarapura, an ancient capital of the kings, outside Mandalay. General Aung San issued an order to his men to keep away from politics in general and from partici­pation in committees in particular.
Thakin Nu, transported from jail to jail, found deliverance when the Mandalay jail was broken. His jailmates, Thakin Soe, Thakin Kyaw Sein and Thakin Ba Hein, also found freedom, and tried to make their way into China to carry on their fight against the Japanese. (N.106)Thakin Than Tun was in jail in Monywa, and round about in the area were scattered ‘Deedok’ U Ba Choe, and others. Kyaw Nyein and Them Pe had also moved up from Rangoon, and Khin Maung Gale had joined the BIA and was now an earnest officer carrying a big sword. People from Rangoon, and officials, had also arrived in the area after running all the way from the war. Soon, the exodus began again as politicians made their way to the capital, and officials and government staff too to find employment and build a life under the occu­pation.
Dr. Ba Maw, in Mogok jail, waited for the call he knew would come. Kyaw Nyein and Thakin Thein Pe had journeyed through the fighting to Mogok to persuade him to escape and come away with them.’ But Ba Maw refused. With an unerring sense of drama and history, he knew that the Japanese would come looking for him, and offer him the crown. He took his time to have his dramatic ‘escape’ from the jail, and Japanese officers, specially charged with finding him, found him at last in a Shan village, waiting calmly for his hour. (N.107)
The BIA was disbanded by the Japanese, and a small ‘Burma Defence Army’, 3 battalions strong, was built out of its more reliable elements. Aung San was appointed commander of the new Army with the rank of colonel. Bo Moe Gyo was packed away to Japan. Dr. Ba Maw was given the task of re­building the government machinery, and on August I, 1942, Lieutenant-General Shojiro Iida, commanding the Imperial Army in Burma, inaugurated the Burmese Administration with Dr. Ba Maw as its head. (N.108) Government staff were reappointed in their jobs, and the British administrative and judicial systems were revived. By Military Ordinance Number 6, issued on July 7 1942. General Iida had reopened the courts and the ‘business of public prosecution and the conduct of ‘judicial administration’ holding that ‘judiciary is essential for the preservation of the right and enforcement of duty of the people and also for keeping public peace and order.’ The courts were ‘taken over’ by the Burmese Administration. The Supreme Court, invested with the appellate jurisdiction of the former High Court, was started on 10th. March, 1943, and Sir Mya Bu, one of the senior judges of the High Court, was appointed Chief Justice. Sir Ba U, Sir Maung Gyee, and U Myint who was Law officer on Special Duty to Dr. Ba Maw, were appointed puisne judges. The original civil and criminal jurisdiction of the High Court was given to the Rangoon City Court, and U Chan Tun Aung, an able barrister, was made Chief Justice. The same laws were administered. (N.109)
The Administration quickly got into working order. There was enthusiasm and energy. Conditions were hard, and it wasevident everywhere that a war was on Imported goods, raided from the big stores during the campaign, flooded the markets at first, but they quickly disappeared to be stored away by blackmarketeers, or were consumed. Prices kept shooting up till, towards the end of the war, a substantial meal was costing Rs. 100. Commissioners of divisions and Secretaries to the Government, the top-ranking officials, drew monthly salaries from Rs. 6oo to 8oo; Directors of the various bureaux received Rs. 400 to 6oo; District Superintendents of Police drew Rs.500 and Subdivisional Officers Rs. 350 to 300; Township Officers received Rs. 200 Ministers received Rs. 1,200, and Judges of the Supreme Court Rs. 1000. Due to the ‘roaring prices of foodstuffs’ the Salaries Revision Board recommended, in 1944, the grant of a small ‘war allowance’ for those whose salaries were Rs. 300 per month or less.(N.120)
The Government staff were, therefore, poor, and became poorer as the war went on. Their morale, however, was good. Most of the high officials wore pinni homespun clothes, and walked to work, being unable to afford a motor car. The trading people, the labourers, and the drivers of pony-carts or trishaws - the main forms of transport in the towns — earned enough to live comfortably by wartime standards. Business was simple, and profitable. A man would carry a bag of rice with him by railway train or motor bus from Rangoon to Mandalay; the journey was slow and a little uncertain, but when he reached his destination the bag of rice could be sold easily and for a handsome profit. One or two such trips a month would keep his earnings higher than those of a Minister — the regular salary of a Minister, that is. Many high officials chose to leave the services, or keep from entering, and went into trading.(N.121) In politics, there was a merger of the ‘Sinyetha’ proletarian party which Dr. Ba Maw had led, and the Dohbama Asiyone. The new ‘Dohbama Sinyetha Asiyone’ was served, at its early stages, by Thakin Nu as its secretary-general. There were no other political parties. Thakin Soe who was a confirmed communist and ‘anti-fascist’, finding his way out into China blocked by the war, roamed ‘underground’ in the Delta, preaching resistance. Thein Pe had tried to push the Japanese out of Burma with pamphlets, and when he found that the Japanese did not succumb to his ideological barrage he escaped into India, leaving his namesake Thakin Thein Pe of Mandalay to the wrath of the Japanese military police. (N.122) Others had been absorbed into the Army or the Government services. Thakin Kyaw Nyein was Secretary to the Prime Minister. Thakin Ba Hein, the communist, was also in the services, and later to go to the Foreign Office.
Dr. Ba Maw was supreme- except for the Japanese. It was a situation he enjoyed and thrived in. Democracy had dealt with him badly. His downfall by no-confidence motion in 1939, particularly the voting of the British bloc against him, had left an ugly scar on his memory. Even in the Freedom Bloc he had styled himself ‘Dictator’. Now the war made him one. He owed his power to no vote. The nightmare of no-confidence motions could not disturb his sleep now. The power to do good or ill was in him, and he felt good and alive. He threw himself into the task with dedication and ability. ‘The basic value,’ Dr. Ba Maw wrote in his ‘New Order Plan’, ‘is human energy, human labour and its values. It is radically different from the old democratic plan which was based on vote-value instead of labour-value. A real plan, that is a57 revolutionary plan, must be built on labour-value whether it gets votes or not — the votes must wait till the work is done and the peril is averted, when people may go back to their old political play-acting if they should still want to be amused that way.” (N.123)

3. ‘INDEPENDENCE

On January 28, 1943, during the 8oth. session of the Imperial Diet, the Japanese Prime Minister General Hideki Tojo announced the intention of his Government to recognize Burma as an independent state within the year. In March Dr. Ba Maw, Dr. Them Maung, Thakin Mya and Aung San, promoted to be Major-General, visited Tokyo for talks. They were received by General Tojo on March 22, and by His Imperial Majesty the Emperor on March 23 when they were decorated with the Order of the Rising Sun. ‘I am profoundly touched and overawed by the boundless magnitude of His Imperial Graciousness,’ Tojo said at the closing session of the 8ist. Imperial Diet. ‘In connection with the independence of Burma, I stated as an earnest hope of Nippon that New Burma would, through her own incentive and responsibility, speedily substantiate her status as a fully independent State, at the same time to co-operate closely with Nippon as a new State founded upon ethical principles as a member of Dai Tooa Kyoeiken (The Greater East Asia Co-prosperity Sphere) thus contributing to the creation of the New World Order, and especially that Nippon expected New Burma would speedily complete her national structure consonant with the requirements of the successful prosecution of war.’
‘With regard to territorial composition of the New State of Burma,’ Tojo continued, ‘it is to include the whole territory of Burma with the exception of the Shan and Karenni areas. Furthermore, I expressed the desire that the nation be determined in accordance with the aim harmoniously embracing various peoples within her territory. Political organization is naturally a matter to be determined by Burma herself, but Nippon desires the adminis­tration of State to be made simple but effective. Also as regards the economic affairs, I expressed my earnest desire that New Burma should promote her economic development by just and unhampered activities under her own authority as a unit in the general economic construction of Greater East Asia.” (N.124)
The pledge was written on solemn document and given to Dr. Ba Maw and his party in Tokyo. The Burmese, however, did not hug the document to their heart and carry it home. ‘Escorted’ by Major-General Isomura, deputy chief of staff of the Japanese Army in Burma, the party flew back, stopping in Manila for one day. Isomura who ‘made his presence felt all the time to u as if we were all his children,’ wrote Aung San, ‘asked us not to go out as the Fillippinos were not reliable and so forth.’ The crisis, however, rose only at Saigon, the next stop. ‘When we arrived there, Dr. Ba Maw remembered that he had left General Tojo’s document in the Manila Hotel. At once the fact was intimated to Isomura who then talked as if he would have to commit suicide. When a suggestion was made to him to wire to Japanese Army headquarters in Manila, he said that it would not be enough, he and Dr. Ba Maw would have to go back; but actually Thakin Mya who was Dr. Ba Maw’s deputy then and Colonel Uyeda had to go back to Manila to search for it.(N.125)
Back in Rangoon, an Independence Preparatory Commission was appoint­ed consisting of Dr. Ba Maw and his Cabinet; Major-General Aung San; Thakin Kodaw Hmaing, executive member of the Dohbama Sinyetha Asi­yone; Thakin Nu; U Chit Hlaing; U Aye, formerly Home Minister; U Mya; U Aye Maung; U Tun Pe; Dr. San C. Po; U Thwin; Sir Mya. Bu, Chief Justice; U Them Maung. formerly Advocate-General; U Set; U Khin Maung Dwe of Mandalay; and U Kyaw. The Commission was asked to draft a constitution for ‘New Burma’, ‘simple but effective’, as General Tojo had suggested, and very quickly. A deputy of the Japanese commander-in-chief would come to every meeting of the Commission and wait for results, listening to the learned deliberations which he could not understand. The older members were impish. They took delight, knowing the Japanese were impatient, in rambling endlessly over technicalities. Was the new state to be a republic, a democracy or a dictatorship? How were the main organs of the state to be constructed? The younger men, Aung San, Thakin Nu, and others, were uninterested, and wanted the whole affair to be over and done with quickly. (N.126) U Chit Hlaing moved that the Commission should not proceed with its work until the Japanese gave an undertaking to include the Shan and the Karenni states in the new constitution. ‘Dr. Ba Maw said that he could not do so (demand the undertaking from the Japanese), but I said ‘please convey to the Japanese that you will not proceed any further with the constitution until the Shan states and the Karenni states are included.’ A few days later our demand was granted and we included the states within Burma.' (N.127) When, after several weeks, the discussions were yielding no results, the Japanese commander-in-chief invited the Commission to meet him, and gave them a good scolding. The Commission came away quietly laughing, and produced the constitution in time. (N.128)
On August I, 1943, Burma was declared to be an independent sovereign state, and a co-equal member of the Greater East Asia Co-prosperity Sphere. The state was to be ‘ruled over by the Head of the State who shall have full sovereign status and powers.’ Dr. Ba Maw became the Head of the State, or Adipadi, and Prime Minister as well. On the recommendation of Dr. Ba Maw, the Prime Minister, Ministers of the Cabinet were appointed by Dr. Ba Maw, the Adipati. The Ministers were responsible, ‘both collectively and individu­ally’ to the Head of the State who was also the ‘Supreme Commander-in-Chief of the Burmese Armed Forces.’ Certain fundamental rights were guaran­teed to ‘Burma nationals’ such as freedom of religious belief, and inviola­bility of person, property and dwelling, and freedom ‘within the limits of law and morality’ of expression and peaceable assembly. No means, however, were laid down in the constitution for the enforcement of those fundamental freedoms in the event of violation.
The Supreme Court was to continue as the highest Court of Record, and the ‘administration of law and constitution of law courts shall be in accord­ance with the existing laws.’ The Chief Justice was appointed by the Adipati after consultation with the Prime Minister or Minister concerned. Other Judges were appointed by the Adipati after consultation with either the Prime Minister and the Chief Justice or with the Minister concerned and the Chief Justice. All Judges were declared to be independent in their judicial functions.
Major-General Aung San joined the Cabinet as War Minister, and Colonel Ne Win took over as commander of the Army which was re-named the ‘Bur­ma National Army’. Thakin Nu became Foreign Minister. Thakin Than Tun, the Communist leader, became Minister for Forests and Agriculture, and grow to like being a minister, and the power and pomp that went with the office, so much that he easily forgot his communism for a considerable length of time. Thakin Tun Ok, whom General Moe Gyo had made Chief Administrator of Burma, was banished to Singapore for the period of the war, and Thakin Ba Sein to Java.
The in dependence was ushered in with due ceremony. At the auspicious hour, the Ministers, the Commanding General of the Japanese Imperial Army, officials, and guests, assembled at the Adipati’s House where, a little over a year ago Sir Reginald Dorman-Smith had resided and conducted the affairs of state. At the auspicious moment, the Adipati entered the hall, and the master of ceremony cried, ‘Silence! The Adipati approaches!’ And everyone stood, and remained silent, and the Adipati mounted the steps and stood on the dais, looked round and smiled and nodded graciously, then sat himself on the golden throne. The Japanese General read the announcement of the end of military administration. The Burmese prophets blew their shell-horns to announce the arrival of independence. Thakin Kodaw Hmaing, misty-eyed with the joy of seeing Burmese glory restored, gave Dr. Ba Maw the oath of office. ‘Adipa~i Ashinmingyi, 0 King!, dost thou promise to rule this land with justice and mercy? 0 King, dost thou solemnly pledge to rule as your forefathers ruled, upholding the laws of time immemorial?’ The Adipati graciously pledged himself. Then the Ministers received from his gracious hands their certificates of appointment, and the assembly dispersed for the morning. Later, there were the ceremonies of fixing the signatures of Dr. Ba Maw and the Japanese Ambassador Renzo Sawada to the Treaty of Alliance;(N.129) and the declaration of war by the new state against the Allied Powers, for which ceremony Dr. Ba Maw got into his specially made urn-form of supreme commander to broadcast the declaration from the radio. Thus August 1 passed, a busy day of colour and ceremony, and Dr. Ba Maw and his colleagues went back to the task of holding the nation together in the midst of a relentless war. (N.130)
‘Independence’ did not bring large material gains. The Japanese lived mainly off the land and their appetites were huge. Cattle were slaughtered for food, so that less and less were available to pull the plough in the paddy fields. When, with the daily bombings, rail transport became fitful and risky, the Japanese army comandeered cattle and men for transportation. Their demands only increased, and Minister for Agriculture, Thakin Than Tun, and Minister for War Co-operation U Tun Aung had a whole-time job bar­gaining with the Japanese commanders to cut down their demands, and then trying hard to delay the supply. The basic needs of life went out of the market; medicine, foodstuff, clothes, all disappeared, and the people were reduced to near-primitive conditions. The majority were undernourished and covered with various skin diseases; sellers of crude sulphur ointments did brisk trade shouting in the markets and the streets: ‘Do not delay, do not despair !
Buy this ointment and rub it in well, and you will scratch no more in public!’But ‘independence’ was a great psychological tonic. People could see that they had their own national Government, their Courts, and more heartening 5till, their National Army. It was a dream come true. Also, overbearing be­haviour of some Japanese soldiers, the promptness of their infamous Kempetai or military police to arrest and torture people on the flimsiest reports, and the peril of war-time drew the people together. They were united and resolved. New values emerged. The social distinctions which were so important before the war crumbled. Town-dweller who used to look down on the peasant with contempt, could no longer do so when he had to seek refuge from the war in the village. The war threw the rich and the poor together; the son and the daughter of the rich man drew water from the well in the village, and cut wood for fuel, and manual labour, so essential for survival, was no longer a despicable thing. The war and independence changed the very basic structure of society and its values, and in many ways the change worked good.

4. RESISTANCE

In October, 1943, Subhas Chandra Bose and his ‘Indian National Army moved into Rangoon to set up their ‘Provisional Government of India’ and begin their ‘march on Delhi.’ The Burmese Government and people made them welcome. They were comrades in a common cause, sharers of the same perils and vicissitudes. Indians in Burma rallied to the call of Bose who was their Netaji, their Leader.
In November, a conference of the leaders of the Co-prosperity Sphere nations was held in Tokyo, and Dr. Ba Maw went,resplendent in his field-marshal’s uniform. It was the first meeting of Asian leaders from the region as free men and gave a great boost to morale.But the fortunes of war were turning, and morale alone, or magic words, could not arrest their ebb and flow. In Burma, the anti-Japanese feelings slowly mounted. The Army was restless. The senior commanders, some of whom had been of the ‘thirty comrades’, smarted under what they considered to be Japanese insults.. They remembered the dismissal of the Burma Independence Army, and their earlier hopes of immediate independence which were shattered. The im­petuous among the young officers had wanted to fall upon the Japanese even before the dispersal of the BIA, but calmer and wiser counsels had prevailed.
In the Delta, Thakin Soe, the communist leader, had not lain low. He roamed and prowled, organizing the village cadre, and bombarding with letters his comrades in Rangoon, Thakin Than Tim, Aung San and others, accusing them of betrayal. Thakin Than Tun, the confirmed communist, was wearing European clothes and touring the country as Minister; a ‘Japanese puppet’, Thakin Soe called him. General Aung San, who had been associated with a Marxist study group in his thakin days, could not be so accused for he was leading the national army, and fast becoming a national hero; Thakin Soe used milder words with him therefore and only appealed for action. Thein Pe who had escaped into India had made his contacts with the British headquarters and was helping the Special Force 136 and Psychological Warfare planners. He soon elevated himself to be representative of the anti-fascist forces in Burma and later when the forces did gather and organize it was convenient for the leaders in Burma to call him their representa­tive.
In the Burma National Army, the hot-blooded young officers started crying for a showdown soon after the independence which made it possible for the Army to expand free of Japanese restraints. They began to read up literature about revolutionary struggles and resistance movements, to translate treatises on guerrilla warfare, to draft their plans and their pro­gramme, and print leaflets for circulation in the Army and the villages. Aung San at first waited. He ignored the messages from Thakin Soe, and the ur­gency of the young officers’ appeals. He worked first to build Karen-Burmese understanding and unity. The Karens were hurt and suspicious, after their clash with the BIA in the Delta, and Aung San tried to get their two leaders Kya Doe and San Po Thin to join the Army and raise Karen battalions in it. Kya Doe, the brilliant Sandhurst man, and San Po Thin the exuberant musician, were at first suspicious, but Aung San convinced them of his sincerity, and they came in. Soon Karen young men were serving in the National Army, and San Po Thin’s military band was playing at parades. This success was carried by Aung San and Thakin Nu into the civilian front as well, and their visits to the Karen villages in the Delta were highly successful. (N.131)
The people too were looking more and more to Aung San to provide leadership in the national cause. Unassuming and truthful, forthright and frank, Gen. Aung San was a shining example and a sharp contrast from the more colourful Dr. Ba Maw. The Adipati had fine words for every occasion; Aung San would keep his silence like a vow, and break only to utter words of terrible moment and truth. Even his silences, people began to see, were pregnant with momentous message. When every leader was praising Nippon to the skies for granting Burma’s independence, it was Aung San who dared to warn, at the first anniversary of independence, that the thing was not the genuine material which the people must fight and struggle yet to attain. His utterances, fortunately few and far between, disturbed the Japanese high command, and his own colleagues in the Cabinet alike, but they pleased the people no end. Dr. Ba Maw was smooth and silken, ‘a picture of suavity swathed in silks’ was the description of him by an admiring profile-writer; (N.132) but Aung San, in his dark-green tunic which obviously needed pressing and mending, was the hero of the common man.
By the beginning of 1944, the young officers were openly organizing for resistance. Prominent among them were Aung Gyi, Tin Pe, Chit Khine, Aye Maung. and Ye Htut who were serving with units in the field. At the War Office, Bo Khin Maung Gale, Bo Win, Maung Maung and others were using Colonel Ne Win’s office as the headquarters of the widening conspiracy. The ‘Burma Revolutionary Party’ revived again, and Thakin Kyaw Nyein, Ba Swe, Thakin Chit and Thakin Mya were once more holding their secret sessions to mastermind the imminent movement. The All-Burma Youth League, led by U Ba Gyan, T. K. Boon and others who had served as leaders of the University Students’ Union and helped in getting the ‘thirty comrades’ off to Japan, was the ‘second-line’ Burma Army and, with its network of branches, an ideal agency for district organization. (N.133) Thakin Than Tun and Thakin Ba Hein, the communists, lent their ideology, and indoctrinated the men in the Army; but fortunately, the men were intensely nationalistic and wanted to fight for freedom and not for Marx or Stalin, and few of them were converted. ‘The Communists nearly split the Army, though,’ General Ne Win recalled when he inaugurated a course of training for psychological warfare officers of the Burma Army recently, (N.134) ‘and if the resistance had not been started their mischief-making could have been disastrous.’
In September Ba Swe who was then chief of the Keibotai civil defence corps, Thakin Chit, Kyaw Nyein, Bo Khin Maung Gale, Bo Aung Gyi, Bo Maung Maung, and Ba Swe Glay, went out to meet Thakin Soe at Dedaye in the Delta to discuss terms for a united force of resistance. Thakin Soe, com­munist to the core, promised everything. He would place the resistance first, he pledged, and forget ideology in the common struggle. He would agree to having one front under one leader. Lastly he pledged continued struggle even after the Japanese had been driven off and the Allied Forces had arrived, until Burma’s independence was made real. That Dedaye meeting was the beginning of the ‘Anti-Fascist Organization’, the forerunner of the ‘Anti­Fascist People’s Freedom League’ (the AFPFL) which became the vanguard of the national movement after liberation, and has been the party in power since independence.
Thakin Soe went to Rangoon to meet Aung San. He went disguised as a Burma National Army officer, and moved about freely in Rangoon and among the troops. From months of hiding and prowling he emerged into a wider world to do larger planning. Thakin Than Tun also joined in now for he would not be left out of what he saw would be the making of an important chapter of the country’s history. Thakin Soe, Thakin Than Tim and Thakin Ba Hem worked on the Army, forging, they thought, a weapon out of it, for them to use in hacking their way to a communist state in Burma. The trio were different from each other in every way except in their fierce ambition. Thakin Soe was called the ‘sayagyi’, the teacher, the prophet, who was sup­posed to be the one man in the whole country who could fathom the fathom­less Marx. He was uncouth in his behaviour and uninhibited. But he was realistic, for when, later on contacts with the Allied Forces in India were established, and requests for arms and supplies could be transmitted by wireless, the first requisition he made was for lipstick and nylon for his woman disciples for he knew that it needed more than Marxism to keep them happy. Thakin Than Tun was the able, designing organizer, cool and dear and infinitely patient. He had married the sister of Aung San’s wife (N.135) and that probably sharpened his jealousy of the young general who was growing under his very eyes into a national hero. Thakin Ba Hein was the artist and the poet. He was soft as a sigh, and smooth, but his belief in communism was unshakeable. The three communists agreed only in the grand design of using the Army and borrowing Aung San’s prestige till such time as they could do without them, and then they would, or the war would, destroy Aung San and the Army.
The Anti-Fascist Organization formally came into being at the residence of Thakin Nu one day soon after the Dedaye meeting. It was an alliance of the Army, the Burma Revolutionary Party, and the Communist Party. Aung San was the natural choice as leader, and members of the supreme council were Bo Ne Win, Bo Let Ya, Saw Kya Doe, Thakin Than Tun, Thakin Soe, Thakin Chit, U Kyaw Nyein and U Ba Swe. The military operations council was composed of Bo Ne Win, Bo Zeya, Saw Kya Doe, Bo Yan Aung, Bo Ye Htut, Bo Aung Gyi and Bo Maung Maung. Thakin Nu, The man of peace, preferred to stay out. Dr. Ba Maw was also informed of the movement by Thakin Nu, Thakin Than Tun, and later by General Aung San, and persuaded with persistence to join in. But Dr. Ba Maw had his interpretation of historical forces, as he liked to describe situations, and, giving his younger friends loyal protection where he could, would not
his lot with them.
Meanwhile the Allied Forces began their thrust into northern Burma. Feeble contacts between the A-F.O. and the Allies grew into firm agreements, and soon Burmese agents were slipping across the borders into India and dropping back by parachute at appointed rendezvous to begin operations. Force 136 also sent its teams out to establish centres of activity in the Karen and with the Burma Army. (N.136) In Mandalay, the Burma Army garrison under Major Ba Htu could wait no longer for the signal to strike. In February as the Allies pounded at the gates of Shwebo, then rolled on into Sagaing, the garrison fell upon the Japanese, who were then in force in Mandalay and around, and after inflicting severe damage, withdrew into the Shan hills to wage long and bitter guerrilla war. In Rangoon, the Japanese were suspicious, and of divided mind about Aung San and the Army. On the one hand there was suspicion which Major Ba Htu and his men certainly did not lay to rest. On the other, however, there was the need, at that desperate hour, of using every available hand to stay, if not stop, the inrushing Allies. While the Japanese high command wavered, Aung San produced his plan for sending ~it the Army to positions along the Irrawaddy river where it could meet and fight the Allies, he said. The Japanese approved eagerly, and supplied the army with arms. On a fine morning in March, 1945, the Army gathered on the open grounds west of the Shwedagon Pagoda, and in ceremonial parade pledged to fight the ‘foe’ to the death.
Dr. Ba Maw in his field-marshal’s uniform, Ministers of the Cabinet, and the General Staff of the Japanese Imperial Army, attended the parade to say fare-well and God-speed. A few Japanese aeroplanes, the few which still flew the sky, flew overhead and swooped in salute. But of those who came to say good-bye, the people of Rangoon, the old who were bent with age and the burden of war, and the young who were still unbowed and full of hope, the men and the women, the girls and the children, they were those who im­pressed deeply on the young men of the Army the aim and purpose of their mission. The women wept as they gave the soldiers leaves of eugenia for good luck.
The Army then melted away quickly as small units hastened to their al­lotted positions and assigned duties. On March 27 the resistance began all over the country.(N.137)

CHAPTER III

LIBERATION AND FULFILMENT

I. RETURN TO RANGOON

When it became obvious to the Burmese Government that the Japanese Army could not withstand the weight of Allied numbers and armour under the daily carpet-bombings, it sent delegations to plead with the commander-in-chief to spare Rangoon. especially the Shwedagon Pagoda. The delegations, made up on most trips of U Tun Aung and UThein Maung, started going to the Japanese headquarters from October, 1944, when the writing on the wall was already visible to all, and it was apparent that the Japanese Army must either roll back from Burma in retreat or make a bitter stubborn stand to the death.
The Japanese commanders were not sympathetic towards Burmese sentiments at first. The Shwedagon, they said, was dispensable. Rangoon was dispensable. In fact there was nothing that was indispensable in a total war, not lives, however precious, nor property, nor temples, however treasured or sacred. But not Rangoon alone, Tokyo itself, came under dire peril then. War began to hit the very heart of Japan. and in the desperate months that dragged before the end, Japan was having to resort to desperate methods. Youths of tenders years were recruited into the ‘Kamikaze’ suicide squadrons, taught to fly and die on their missions of death. Young men volunteered in their thousands, willing, indeed anxious, to die for their Emperor and their country. The Japanese Government wanted some foreign leader of stature to visit Japan and meet the boys and inspire them, and others like them to join. Dr. Ba Maw was the excellent choice. He spoke well ; Burma was at the frontline of the war even as Tokyo itself was now. So the invitation went to Dr. Ba Maw, and he donned his field-marshal’s uniform again, and with friend U Tun Aung and a small staff. flew out to Tokyo in the month of November. Their aeroplane crashed after leaving Saigon, and they were badly shaken though unhurt. Dr. Ba Maw’s sword was twisted, and the entry into Tokyo was thus a dramatic scene: the field marshal from the battlefield arriving, through many dangers, with torn uniform and twisted sword.
The visit to Tokyo and the repeated visits to the Japanese headquarters in Rangoon at last resulted in a settlement of terms. Rangoon would be spared, and the Shwedagon would stand. The Japanese Army would fall back on Moulmein. then retire into Thailand. The Burmese Government was, how­ever, to go along with the Army, to work together, it was said, for the word ‘hostage’ was a little harsh.
The retreat began on April 23, 1945, nearly a month after the resistance began. On April 25, Subhas Chandra Bose, leader of the Provisional Govern­ment of India, flew out of Rangoon by a last aeroplane, leaving behind a message to the people of Burma in which he thanked them for the hospitality, and promised that he would return one day soon and organize the ‘march on Delhi’ again. (N.138) The city grew silent for several days: some lootings went on in the streets. Later, the Burmese guerrillas emerged under the leadership of U Kyaw Nyein, U Ba Swe, Bo Khin Nyo and others. Kyaw Nyein was to have gone out with the Burma Army to Toungoo where Thakin Than Tun had already gone underground. Ba Swe was to have been in charge in the Rangoon area. But the Japanese Kempetai arrested him just before the retreat, and Kyaw Nyein stayed behind to try and get him out; Ba Swe was saved, and so was Kyaw Nyein for, it later came to light, the communists had made arrangements to get rid of him in the Toungoo camps.(N.139)
In the hills and jungle the guerrilla war of the resistance raged. There was heavy fighting in the Delta where Bo Ne Win commanded the troops and Thakin Soe strived to capture ‘their minds, and the Japanese in division strength tried to break through it all to the regrouping points east of the Sittang river. There was heavy fighting along the Toungoo-Rangoon road, and all along the Sittang which was, for the Japanese, the last river to cross before they reached safety. After the fighting was done and the final sur­render came, General Slim commanding the XIIth. Army sent a message to General Aung San to congratulate ‘you and all ranks on the part which the Patriot Burmese Forces has played in the final stages of the liberation of your country. Your co-operation with the regular forces has contributed effectively to the heavy casualties that have been recently inflicted on the Japanese. I trust that the spirit of patriotism which has inspired all ranks to help their country against the aggressor will be further exemplified by their desire to safeguard it in the future as members of the Burma Army. (N.140)‘Patriot Burmese Forces’ was a proud name well-earned.
Buns were soon silent on the battlefields: beginning in the farthest north where the Chins and the Kachins, hardy warriors by tradition, had risen in their levies and their guerrilla organizations, right down to Rangoon, the Patriot Burmese Forces and the Allies fighting side by side. The PBF were given every recognition by the Allied Forces, under the direct orders of Earl Mountbatten of Burma, the Supreme Commander, South East Asia, and they were paid and disbanded prior to their absorption into the regular re-formed Burma Army. (N.141)
The shift was now from the battlefield to the political arena. Sir Reginald Dorman-Smith, in exile in Simla, was keen to come back to Rangoon. While Burma remained under military administration, Sir Reginald could not ap­propriately go back. It was therefore decided between Mountbatten and the Governor that the latter should fly out to Rangoon and hold a meeting with leaders of political parties in Burma ‘on board a British warship in the Rangoon river, an expedient which would avoid H. E. the Governor’s setting foot on Burmese territory before he had resumed responsibility for Govern­ment. (N.142) The meeting took place on June 20, 1945, on board H.M.S. Cumber­land. The AFPFL and the PBF, along with other parties and groups, were invited to send their representatives to meet Sir Reginald in the middle of Rangoon river. Both Mountbatten and Sir Reginald realized that the AFPFL under Aung San’s leadership was the predominant political organization, but took great caution to appear not to recognize this fact, for to do so would take them a step nearer to recognizing the AFPFL’s claim that it was not a party, nor even a coalition merely, but a ‘National Government’.
Sir Reginald brought back to Rangoon the White Paper stating the policy of His Majesty’s Government on the future of Burma, and his own famous smile. ‘Let us get on with the job,’ he said cheerily on the Cumberland, for Burma’s fight for freedom was over. The White Paper envisaged an extension of the personal rule of the country by the Governor, under section 139 of the Government of Burma Act, for three more years, ie. till December, 1948. Within that period, general elections would be held, and the parliamentary government restored, ‘with the same degree of authority over the same range of matters as it enjoyed before the Japanese invasion.’ A second phase would then follow during which ‘the ground will be prepared for the attain­ment of full self-government.’ Chosen representatives of the people should then draw up a constitution, and after discussions and agreements with His Majesty’s Government, ‘full self-government within the British Com­monwealth can thereupon be established in Burma proper.’ The Scheduled Areas were, however, to be ‘subject to a special regime under the Governor until such time as their inhabitants signify their desire for some suitable form of amalgamation of their territories with Burma proper. (N.143)
While the regime of the Governor’s personal rule lasted he could have an ‘Executive Council so as to give Burmans a share in the administrative task of restoring the economy of their country, subject to the retention of the Governor’s powers of supervision and control.’ He could also have a ‘small Legislative Council’, as an interim body. And on the Cumberland Sir Regi­nald promised: ‘During the caretaker period, I will try to make the Executive Council and the Legislative Council as representative as I can, after consul­tation with representatives of the principal political groups. (N.144) With that promise, and the invitation extended to parties to cooperate in ‘getting on with the job’ of rebuilding Burma, Sir Reginald flew back to Simla.
Life soon flowed back to Rangoon. Aung San and the leaders of the AFPFL and the PBF arrived back to forge their united front. On August 19, the AFPFL leaders and the commanders of the PBF who still had the mud of the fields on their boots, reported to a huge rally of people at the ‘Naythuyain theatre’ in Rangoon on the successes of the resistance. Resolutions were also passed to urge the British authorities to absorb the PBF as it stood as the nucleus of a new Burma Army for independent Burma, and to take early steps for the return of civil government to the country. The conference also called on the ‘anti-fascist fighters and all those who want to take their share in the rehabilitation of their own country’ to immediately form a ‘Provisional Government’ because ‘it is clear in the course of history that a Provisional Government should follow an armed insurrection before the convention of a Constituent Assembly.’ Then the elections to the Constituent Assembly must be held, it was resolved, to draft the constitution of a ‘free Burma’ and the necessary agreements with Britain, to send ‘Burma’s representatives to foreign countries, if necessary’ and to the Peace Conference’ of the Powers also. (N.145)
Aung San, Thakin Than Tun, U Ba Pe, Ba Kyaw Winn, Bo Maung Maung, and other staff officers went to Kandy in Ceylon to meet Mountbatten, General Slim and commanders of the SEAC to discuss the future of the PBF. It was there agreed that 200 commissions in the new Burma Army would be granted to officers and suitable personnel of the PBF, and other ranks also would be open to those PBF personnel who were fit and willing to serve. Mountbatten invited Aung San to lead the new Army, starting first as one of the two Deputy Inspector-Generals to be appointed with the rank of brigadier. It was an attractive proposition, for never before had any Burman attained the rank of brigadier in the Army and never before, needless to say, was a Burman given the opportunity of building the Burma Army. Aung San. however, refused. He saw that his destiny lay elsewhere. The leadership of the AFPFL was more urgent and vital, for now the climax to the national movement for freedom was coming.
In October, Sir Reginald Dorman-Smith returned to Rangoon to take over administration from the military and its Civil Affairs Staff (Burma). more he promised that Burma’s fight for freedom was over, and by gradual steps and controlled stages the forward march to self-government d now be made. Sir Paw Tun, Sir Htoon Aung Gyaw and other Ministers staff who had evacuated to Simla, also returned to Rangoon, all full of will and good intentions, glad to be home and back in power, but out of e with the mood and temper of the peoples of Burma.
Dr. Ba Maw also came back after a few months in Sugermo jail in Japan. He had evacuated with the Japanese troops from Rangoon in April, and after t hardship, had found his way to Japan where he was interned by the Allies after the surrender. His friends and associates went and pleaded with Reginald to secure his release and return, and at last, early in 1946 he arrived back in Rangoon by a Royal Air Force ‘plane, wearing a jungle green-shirt, and sporting a Hitler-moustache.
Thakin Ba Sein and Thakin Tun Ok also returned from exile to seek their fortunes in politics. U Saw returned from Uganda, older but still undaunted, ‘Galon’ Saw at heart. A reader of minds in Uganda was reported to have U Saw and studied him and said that everyone he had known who had Saw’s features and skull had ended on the gallows, and U Saw was the remarkable exception who achieved not the gallows but the premiership of his country. Little did he know that U Saw, patriot though he undoubtedly was, was destined to make his way along uncertain paths of politics to that tragic end.
By the beginning of 1946, thus, all were back in Rangoon. Aung San and the leaders of the PBF; Thakin Mya, Thakin Nu and others who followed Dr. Ba Maw on the retreat; Thakin Than Tun, Thakin Soe, and other Communist leaders; Sir Reginald and his loyal Ministers; Dr. Ba Maw, complete with moustache, still the Adipati; U Saw, Thakin Ba Sein and Thakin Tun Ok, back from their sojourns abroad, Thakin Thein Pe, the wanderer, back from his travels in India. (N.146)

2. AUNG SAN AND THE AFPFL

In January 1946, the AFPFL convened its first great assembly of peoples on the slopes of the Shwedagon Pagoda. People came from all over the country and from all walks of life. It was a great upsurge. The general mood was a peculiar and unique amalgam of war-weariness and the great relief that was felt at war’s end, nationalism and the pride of having emerged from the war as an ‘independent’ nation which was much battered and bruised but still whole and functioning, and hero-worship for Aung San and the joy and relief felt in having found in him a man to whom the future could be entrusted. Aung San was the hero of the hour, the Bogyoke —the Supremo. People needed someone whom they could trust without reservation, and blindly follow, and Aung San was that someone. He had led the Burma Independence Army, he had led the resistance. He was without selfishness; he was as poor as the people themselves, having acquired nothing during the war — when people in his position were gathering fortunes — except a loving family, and a solid reputation with the people
It was a situation of a kind that rises but rarely in a country’s history, when a people who are looking for a hero and a man who is looking for his mission meet, and there is happy union and the two merge into one. Aung San was not the attractive personality that could charm or bewitch. Nor was he a good speaker. He spoke for several hours at the AFPFL convention, touching on endless subjects, mostly in a dull academic manner. People drifted in and out while he spoke, or unrolled their mats and went to sleep. They accepted what he said even though they did not hear or understand him. What the Bogyoke said or did was right. When he asked for funds, girls took off their gold and gave them to him. When he asked the people to act, they did without questioning. It was a unique situation, and it would be unkind to compare any later leader with Aung San, for that situation could not be made to order.
The AFPFL, by acclaim, elected Aung San its leader. The Communists tried to seize the leadership but failed, and Thakin Than Tim contented himself with the Secretary-Generalship of the League. They had started organizing their Party immediately after their return to Rangoon in 1945, thereby breaking the war-time pledge to work together in a united front until the struggle for freedom was over. They were everywhere. They preach­ed complete co-operation with the British and the surrender of arms; al­most like an echo of Sir Reginald they said that the fight for freedom was over. They gave courses of indoctrination at their Party headquarters in Rangoon, and men from the PBF, disbanded and at loose ends, drifted to them in the hundreds. At the Party young men and women boarded to­gether, discussed politics and sex openly, heard their hero Thein Pe recount his adventures and exploits in India, their prophet Thakin Soe preach Marxism, and their cool-headed teacher Thakin Than Tun analyse the world situation in dialectical terms. The Communists went far in capturing young minds then; but within the AFPFL they remained the seeming followers of Aung San.
Dr Ba Maw could not dazzle the people anymore. At a civic reception in Rangoon on his return from Sugermo he said he was out of party politics now, but he was available if the nation as a whole called to him. With that he sat aside and waited, but the call never came. He could not work with the younger man, Aung San; people did not work with Dr. Ba Maw, they worked for him.
U Saw too saw Aung San several times, but could not bring himself to work with the younger man. ‘He’s only a boy,’ U Saw said as he finally broke the talks for joining the AFPFL. He went back to form his ‘Myochit Party’, got together a handful of men, and made his demands to His Majesty’s Government in London to grant self-government to Burma immediately, or he would look elsewhere for aid. HMG did not seem to have been disturbed.
What disturbed HMG and Sir Reginald in Rangoon was the opposition offered by the AFPFL. Sir Reginald had invited the AFPFL to participate in his Executive Council, and the League had put forward eleven candidates for appointment. Sir Reginald could accept only seven, having objections in particular to Thakin Thein Pe, and also could not accept an AFPFL nominee as Councillor for Home Affairs which position he had reserved for Sir Paw Tun. (N.147) There was deadlock and accusations, Sir Reginald hinting that the AFPFL was ‘fascist’, and the AFPFL retorting pithily. The League thence­forth refused to co-operate with the Governor, and the Executive Council and the Legislative Council became empty affairs. The Governor’s writ soon ceased to run in the country. The ‘People’s Volunteer Organization’ (PVO) which was originally a welfare organization for ex-PBF men, now expanded fast, taking in young men and women who wore uniform and drilled in the open grounds in Rangoon and the district towns. Aung San’s prestige rose and the Governor’s fell every day. The rift between the League and the Governor was tragic, for it could have been avoided. The contest of wills was bad for the country. Lawlessness stalked the land. Weapons discarded by the British and the Japanese armies had fallen into the hands of villagers and bad hats and armed dacoities became rampant. ‘We came down far from our original stand for the formation of a National Government which must consist of all Burmans and which must have all powers.' So spoke Aung San (N.148) ‘We agree to the reservation of important subjects like Defence, Exter­nal Affairs and Scheduled Areas in the hands of the Governor and we agree to accept the Governor’s nominees both Burman and British. We even do not grudge a very important portfolio like Finance being held by one of his nominees, The only thing we ask of the Governor is that though legally he has the sole responsibility for administering the country, he should as by convention democratise his rule. To that we attach one condition that one of our nominees should be given the Home portfolio.’
The Governor himself was not in an enviable position. Loyalty to the older politicians who had followed him into exile in India, and for those who waited for him through the war in Burma, lack of a correct appraisal of the strange and fluid situation — which appraisal would escape even the shrewd­est political analyst, unless he knew the Burmese moods and mind — and the need to take instructions from London, which was still much further away from the heart of affairs, on matters of policy, made his task and position extremely difficult, (N.149) He went ahead and appointed an Executive Council, trying to get in as many representatives of the younger set, the thakins ,and other parties as possible (N.150) and nominated a Legislative Council with U Chit Hlaing as its President. The Legislative Council went through the gestures of law-making and debate on important public issues; the Executive Council tendered advice to the Governor in the exercise of his personal rule. But the gestures were empty and sad. The Councillors meant well, and did their best to serve, but they enjoyed no powers but what the Governor granted them, and the Governor had no real powers in the country, for the people did not obey his writs anymore, but followed Aung San and the AFPFL.
The Legislative Council debated, and made their demands. ‘Let us get the British Parliament to agree,' urged its President U Chit Hlaing, ‘to our elections being held in November, 1947 with franchise at 18 or 21. The whole House is agreed that there should be elections in November. Therefore, we must try and have elections by means of a resolution in this House.(N.151) Let us demand, Thakin Kyaw Sein, a Member, moved, that Burmans be given responsibility in the administration of reserved subjects, now that Burma was on the eve of full self-government. (N.152) Such motions were passed, and passed on to the Governor who, presumably, passed them on to London where, presumably, they got lost or mislaid, as things do get lost or mislaid in travel­ling through the long and tortuous official channels. The result was frus­tration. ‘Say no more,’ Thakin Lu Tun, a Member, cried in anguish, when U E Maung, Advocate-General, explained that it was not within the competence of the House to make laws, ‘shame us no more! We are already ashamed because the people and the press are saying that we have no power, and we are useless!" (N.153) Sometimes the frustration made some Members sour. Thakin Tun Ok who became an Executive Counsellor, would bitterly attack Aung San and the AFPFL. ‘U Aung San, president of the AFPFL committed a crime,’ he burst out, ‘and I could give the details, the place and the time. During the British retreat, those who were suspected of being British agents were put to the death.” (N.154) This, however, did not help Thakin Tun Ok very much when he himself, in a war-time book called ‘My Adventure’ had proudly told how he had cut off the heads of several dead British soldiers. The AFPFL, with Thakin Than Tun as Secretary-General, was quick and sharp, and supplied its friends in the House of Commons with the information, and questions were asked if Thakin Tun Ok would be dismissed from the Gover­nor’s Executive Council for what he had done.(N.155) This bitter political strife did not help at all in the rebuilding of the country.
In London. the new Labour Government, enjoying for the vital post-F war years a massive majority, slowly got round to reconsidering the policy towards Burma. In Parliament questions on Burma frequently came up. Labour Members Tom Driberg, who had covered the war in Burma as a newspaper correspondent and become a friend of Aung San and Thakin was one of the most vocal spokesman for the AFPFL and its cause. He likened Aung San to Tito in Yugoslavia, against the cry of the Conservative Members that Aung San's Army had been disloyal to the Crown and had come over only when the Japanese were losing. The debates in the House and the reports in the press served Burma’s cause well. Now it was not matter of royal commissions and round-table conferences to find out the situation in Burma or measure her fitness to govern herself. The world had grown small, Rangoon was better heard in London, for people were speaking to people across the oceans.
Aung San and the League grew stronger in Rangoon, drawing into their arms not the young PVO alone, but the older politicians and senior officials such as U Them Maung, the first Advocate-General, Sir Mating Gyee, U Ba Pe, U Tin Tut who retired as the top Burman officer in the civil service to join the AFPFL and work with Aung San in politics and Dr. Set who was also a senior official and a financial expert. All the mass organizations joined the League: the peasants, the youth, the workers, the service unions, the Muslim League, the women’s associations. Rival parties were reduced in their followings to their leaders. Dr. Ba Maw, with his ‘Greater Burma’ organization, stood or sat, mightily alone waiting for the call from the nation to lead. U Saw and his ‘Myochit Party’ were reduced to a handful as prominent leaders such as U Mya, the big businessman of Henzada, left and joined Aung San. Thakin Tun Ok was in office, and Thakin Ba Sein was trying to get into office; they had, however, no following; their Party had little more to show than big signboards.
It was the tragedy of Burma that in those crucial years after the war, energy could not be channeled entirely into creative purposes. It was tragic that available talent and leadership and resources could not be marshalled into nation-building and the winning together, without anger or bitterness, of self-government for Burma. They meant well, and they served; the Governor, his loyal politicians, the revolutionary AFPFL, U Saw, Dr. Ba Maw, the men in the Executive Council and the Legislative Council, but fate and circumstances tore them apart, arid as they were torn, the country’s reha­bilitation was hampered and delayed. As the bitterness in politics increased, so did lawlessness in the country, and restlessness. Standards of behaviour declined: the means were unimportant, if the end was achieved.
The strife between the AFPFL and the Governor also probably swayed the minds of Aung San and his associates towards Burma’s complete in­dependence outside the British Commonwealth. The pre-war demand of all Burmese nationalist politicians had been for self-government or dominion status. Even as late as 29th. August, 1945, when speaking an the resistance movement at a meeting of the East and West Association in Rangoon, Aung San had hoped that ‘in the interim period before Dominion Status’ the Burmese would be ‘actively associated in the measures taken for the defence of the country.’ But, editing his speech in the middle of 1946, when the strug­gle was being whirled along to its climax, Aung San found it necessary to add as a footnote to the speech, in his Burma’s Challenge: ‘When I made this reference, I made it on the basis of the declared British policy, without arguing yet about the pros and cons of ‘Dominion Status’. Now after further clarification of the policy of AFPFL in the due course of events, this reference should be construed merely as a reference, without meaning to imply the acceptance of ‘Dominion Status’ by me or the AFPFL.’

3. THE RISE OF HOPE

There were incidents and eruptions all over the country after the negotiations between the Governor and the AFPFL were broken off. The tension only grew with time. In May peasants held demonstrations at Tantabin, a town ~s few miles north of Rangoon, and the police opened fire — using 68 rounds of ammunition in all — and three were killed and several injured. There was uproar, and Aung San attended the funeral, and the dead became martyrs. (N.156) There were risings in Insein jail. There were hunger marches by villagers. In Rangoon the AFPFL rallies grew larger, louder and angrier. The climax came at last when the Government staff went on strike. Quickly the strike spread They went on strike — all of them — and it is interesting to note that the main demand of the strike was freedom for Burma, and a Provisional Government that was suggested by the ‘Naythuyain Meeting.’ The police did not strike for more wages or less hours of work. The Ministerial Services Union joined the police, the Postal Services stopped, the Railways stopped, the facto­ries stopped, the offices stopped — everywhere everything started stopping.' (N.157)
Sir Reginald Dorman-Smith went back to London, and in August, 1946. Major-General Sir Hubert E. Rance who had been in charge of the Civil Affairs Organization (Burma) under SEAC, was appointed Governor in his place. Sir Hubert came, promising the Burmese that he was not a soldier who had come brandishing a mailed fist but a friend to help and work together with. The Governor took an early opportunity to call on Aung San, who was ~ laid up with illness at his home in Rangoon’s Tower Lane, and the two soldiers who had served together in the liberation of Burma had frank and friendly talks and an exchange of memories. In September the Governor announced the dissolution of the old Executive Council and the formation of a new one with Aung San as Deputy Chairman or its de facto leader. (N.158) The entry of the AFPFL into the Executive Council ushered in a new and happy climate of goodwill and co-operation all round. ‘Independence within one year, which was Aung San’s pledge to the people, became something more than a slogan: a pledge which promised fulfilment.
In December His Majesty’s Government led by Mr. Clement Attlee invited Aung San and Burmese leaders to visit London for talks on Burma’s future. The AFPFL had asked, early in the year, for facilities to send a delegation to London, and HMG had not been prepared ‘to receive deputations from any individual party or organization but nevertheless that should two of their members wish to visit the U.K. in an entirely private capacity to make informal contacts, endeavours would be made to help them to obtain sea passages to the U.K. once the present extreme pressure on accomodations was eased.'(N.159)Now in December, the AFPFL was in the Government, and going to London as guests of HMG. The long and bitter night of 1946 thus drew to a close with the bright and cheerful sun of hope rising on the horizon.(N.160)

4. DRAFTING THE CONSTITUTION

The talks in London between Mr. Attlee and his Labour Government, and Aung San and the Burmese delegation led to satisfactory conclusions.(N.161) There was some suspicion at first among the Burmese leaders, Mr. Attlee later recalled, and they ‘could not believe that we were prepared to abide by the choice of the Burmese people. They had, unfortunately, committed them­selves to their followers in favour of complete independence and a Republic. They had also to face the Communist Party. As the talks proceeded, their distrust disappeared and I think that some of them — particularly their leader, Aung San, a strong character, began to realise the desirability of remaining in the Commonwealth, though it may be that, like India, they would have opted for a Republic.(N.162)
There were also moments of suspense in the meetings. On the night of Sunday, the 26th. January, ‘the meeting which began at six in the afternoon had ended in a deadlock at eight in the evening, when the conference broke up temporarily to enable each side to think over the points at issue during the dinner interval and to meet again at ten o’clock that same night in their last effort to reach agreement.’ So wrote U Tin Tut, a member of the Burmese delegation, and one of the principal advisers to Aung San.(N.163) ‘We pondered long, and just before the time for resuming the conference at 10 p.m. we had come to a decision. We sorted out from the points remaining in dispute those we considered vital from the point of view of Burmese aspirations.
We would adhere to these points and refuse to enter into any agreement which did not concede these points to Burma. We would do this and face the consequences, whatever they might be. The points of lesser importance we would agree to waive.’
In that spirit of give-and-take, the final agreement was drafted, and signed on Monday, January 27th. ‘It was a historic moment,’ U Tin Tut noted, ‘and there was tense silence. Mr. Attlee and U Aung San inscribed their signatures with firm hands to both copies. We had made history; a new era of Anglo-Burmese friendship and co-operation had begun.' U Saw and Thakin Ba Sein refused to associate themselves with the agreement, but Mr. Attlee, swell­ informed in regard to the relative strength of the political organizations in Burma’, decided to proceed without them.(N.164) Back in Rangoon the two dissenting leaders went about saying that Burma had been sold, and Aung San had signed the agreement under pressure, and that his hand had trembled at the moment of signature. The AFPFL and the people, however, accepted
the agreement, which has come to be popularly known as the ‘Aung San-Attlee Agreement’ as a big step forward towards the goal of independence ‘within one year’. ‘We did not get 100 percent of what we wanted,’ Aung San admitted at a civic reception given to him by the city of Rangoon,’ but we now have a Government which is, by convention though not in law, a popular one. Soon the Constituent Assembly will meet to draft the constitution of independent Burma. We are free to stay in the Commonwealth or leave. The choice is ours. The way is open for us to march to freedom.(N.165)
The Agreement called for general elections to the Constituent Assembly in April 1947 using the electoral machinery prescribed under the Government of Burma Act, 1935. It was also agreed that the Executive Council would be the ‘Interim Government of Burma’ to be conducted ‘generally in the same manner as the Interim Government of India at the present time’ and to be treated ‘with the same close consultation and consideration as a Dominion Government’ enjoying the ‘greatest possible freedom in the exercise of the day-to-day administration of the country.’ The Interim Government was also to have financial autonomy, and full association with the disposal of business in defence and external affairs. It was agreed that a High Com-­ missioner for Burma should be appointed to represent the country in London, and that His Majesty’s Government would request Governments of the countries with which Burma wished to exchange diplomatic representatives to agree to such exchange. HMG also agreed to support Burma’s application for admission to the United Nations Organization, and other international bodies. The Government of Burma was to get control, forthwith, of all Bur­mese forces, while, in accordance with settled practice all British forces stationed in Burma were to remain under the ultimate control of HMG. In regard to frontier areas, the agreed objective was declared to be ‘the early unification of the Frontier Areas and Ministerial Burma with the free consent of the inhabitants of those areas. The leaders of the peoples of the areas were to be asked at the Panglong conference to be held in February, or a special conference to be convened for the purpose, to express their views on their future relations with Burma.(N.166)
The Panglong conference, attended by Aung San and the AFPFL leaders, all the Saophas of the Shan States, and leaders of the Chins and the Kachins and representatives of the Supreme Council of the United Hill Peoples (SCOUHP), started early in February and reached agreement on February 12, celebrated today as Union Day and a national holiday to commemorate the coming together of the peoples. It was a unique occasion. Never before had the leaders of the peoples met in conferences: the ‘scheduled areas’ were shut off from ‘Burma proper’, and it had been the assumption that the two could not, or would not, come together. The saophas of the Shan States, princes and princelings, depended on the British, and all along their in­clinations had been towards some vague federation with Burma while enjoying the continued protection of His Majesty’s Government. In the Kachin hills, there were the chieftains who were similarly placed as the saophas. and who fondled similar hopes and dreams. The chiefs in the Chin hills who owed their appointments to the British commissioners, after the age-old system of elective chieftainship had been abolished by them, also could not think of their future except in association with British rule and protection.
In February, 1947, however, the situation had changed. The hill peoples had seen the war, and fought it on their own. They had tasted victory and freedom, and the wider world beckoned them from their solitary hills. Their delegations to Panglong in 1946, were made up mainly of the chiefs, and Thakin Nu, for the AFPFL, and U Saw, and other leaders, had visited them at their SCOUHP conference, and urged them to join a Union of Burma. In 1947, the delegations became more representative, being composed of com­ moners and chiefs, soldiers who had led in the resistance, and younger leaders who wanted bolder, nobler things than foreign protection. It was these delegates that Aung San met and impressed with his and the Burmese sincerity to work together and build a future for the Union. Fears and suspicions, which were unallayed by the intrigues of some of the die-hard British officers of the exclusive ‘Frontier Service’, were put to rest by the honesty and earnestness of Aung San. He spoke a language which the hill pies could understand and appreciate. He promised them equal democra­tic rights, and every assistance in building their backward areas; but his promises were sincere and not offered as bribes. The Kachins asked for an autonomous state within the Union, and the issue was debated hard and long, for the Kachins only had their snow-capped mountains which would be inadequate resources for a separate state. The Chins, led by their young leader Vum Ko Hau, asked Aung San if he would take care that the Chin hills got good roads and schools; he promised, and they decided to join the Union not even bothering for a separate State. The unreserved acceptance of Union by the Chins paved the way for agreement. The Shan saophas threw their lot, and the Kachins who were promised that the question ‘of demar­cating and establishing a separate Kachin State within a Unified Burma’ would be studied with consideration.(N.167)
The Panglong Agreement laid the foundation for the Union of Burma, d the Frontier Areas Committee of Enquiry, led by Lt.-Col. D. R. Rees­ Williams, (N.168) after conducting the necessary investigations on the spot under the terms of the Aung San-Attlee Agreement, could report favourably for the Union concept on April 24, 1947. ‘The views of the witnesses from the Federated Shan States and from the Kachin Hills are strongly in favour of a federated Burma in which the Federated Shan States will form a State or unit and the Kachin Hills another,’ noted the Committee, while ‘represent­atives from the Chin Hills do not desire to federate.. but prefer an amalgamati­on of their area with Ministerial Burma, stipulating only that there should be no interference with their tribal customs and traditions and that their chieftains should be allowed to administer their tracts as at present.' (N.169) The Committee thought that there should be a Federal Council ‘somewhat on the lines of a Legislature’ with such subjects as may be allocated to the federal sphere. The SCOUHP, it thought, had scope for playing an important part in the development of the Federation. External affairs, defence, posts and telegraphs and communications, currency and coinage, customs, and titles and honours, were considered to be the common subjects which should be dealt with by the federal organ. Representatives of the ‘frontier peoples also asked for the right of secession and the Committee warned that ‘if any such right is to be contained in the federal constitution of Burma, it will have to be carefully limited and regulated.' (N.170)
In April there were country-wide elections for the Constituent Assembly. Aung San and the AFPFL canvassed energetically. ‘Elect the candidates that we name,’ Aung San said at public meetings, ‘for they are trusted and true. The Constituent Assembly may yet turn into a Revolutionary Council. We may have to fight for freedom still. We do not need ‘educated’ men. We want revolutionaries.’ In that vein he spoke up and down the country, and everywhere, at the elections, young PVO leaders, men of the resistance, and men who were picked by the AFPFL headquarters as the true revolutionaries won with landslide majorities, and in many places uncontested.(N.171)The elec­tions went off without any untoward incident. The Communist Party, which had been ousted from the AFPFL by that time, contested, and won 7 out of 255 seats in the Assembly. The racial groups were also represented: the Karens, though their one great leader Saw Ba U Gyi chose to stay out; the Shans; the Kachins, the Chins, the Karenni; the Anglo-Burmans.
The members of the Constituent Assembly were energetic and keen. They came from different walks of life. Most of them wore their khaki uniform, as members of the PVO, or ex-PBF men. Members of the Socialist Party invented a uniform of their own, consisting of khaki two-piece suit and red neck-tie. Those who did not wear uniform, wore pitwzi jacket and Burmese longyi, bamboo topee, and Burmese slippers, and slung their shoulder bags in which they carried papers and books and assorted things. They went to work without delay or ceremony. In May the AFPFL held its first ‘small Constituent Assembly’ at Jubilee Hall in Rangoon where a ‘III-member committee’ was appointed to draw the first draft of the constitution. The committee worked night and day, and on the last day of the conference, May, 23, 1947, the draft was produced and adopted. Aung San enunciated the several basic points which must form the heart of the constitution: that Burma must rise as a sovereign independent Republic in which the demo­cratic rights of the citizen, irrespective of race, birth, religion and sex, shall safeguarded; a Union in which democracy and socialism are forever brined.(N.172) On 9th June, the Constituent Assembly met. Thakin Nu was elected President of the Assembly on IIth June. Bogyoke Aung San moved his basic points on 16th. June, and on the 18th. a resolution was adopted to point a Constitution Committee of not less than 75 members to study and use the draft. The Committee also had several Sub-Committees for special subjects such as’ Union and State Powers’, ‘The Judiciary’, ‘Constitutions of States’, and ‘Fundamental Rights’. There were several other special Committees to select the state seal, the Union flag and the national anthem. committees, the sub-committees, and the special committees worked d while U Chan Htoon, constitutional adviser, and a small selected staff (N.173) t feeding them with drafts and memoranda. On 29th July the Constituent assembly began its second session to consider the constitution clause by clause. The draft was then given to the Drafting Committee which worked r it and had the final draft ready for the third session which began on 15th September.
Several drafts were thus prepared, and in the drafting the principles which were adopted at the AFPFL conference formed the basis while a draft pared by U Chan Htoon, referred to by the committees as the ‘pink book’ because it had pink covers, gave guidance on matters of form and ail. The constitution of the Republic of Ireland was also frequently consulted for inspiration and guidance. So was the constitution of the Republic of Yugoslavia, perhaps because there was some sentimental regard Marshal Tito, whose exploits had been likened to those of Aung San, and resistance men. India also helped in the drafting. U Chan Htoon and staff visited New Delhi to gather ideas and techniques, and the Constitutional Adviser to the Government of India, Sir B. N. Rau (N.174) also visited Rangoon to advice on the final draft of the Burmese constitution.
he third session of the Constituent Assembly, at which the Karenni State gates were present for the first time thus making the Assembly fully ‘esentative, adopted the constitution on September 24. The constitution, kin Nu said in moving adoption, contained seeds of freedom for all, and only for a favoured few. ‘Keeping at heart the good of the masses who at present sunk in the depths of poverty I urge the members to lavish all the care and attention that seedling of Burma’s freedom immanent in the constitution, and make it sprout and grow into a great and flourishing tree of magnificent foliage.’ Thus did Thakin Nu urge, and by acclaim the As­sembly adopted the constitution of the Union of Burma.

5. FULFILMENT

And fulfilment of Burma’s aspirations came at last. In October Thakin Nu and his associates went to London to conclude the final treaty with the British Labour Government before the announcement of Burma’s inde­pendence. What is popularly known in Burma as the ‘Nu-Attlee Agreement’ was signed on 17th. October in which the British Government agreed to recognise the Republic of the Union of Burma as a fully independent sovereign State.’ Matters of detail were provided for in the Agreement and in the exchange of notes. A Defence Agreement and a Financial Agreement were also signed in Rangoon by the Burmese Government and visiting British missions. In December the Burma Independence Act was passed by the British Parliament providing that on the appointed day ‘Burma shall become an independent country, neither forming part of His Majesty’s dominions nor entitled to His Majesty’s protection.' (N.175)
The appointed day, according to Burmese astrologers, should be January 4, 1948, and the time 4.20 a.m.. Thus 4.20 a.m. on January 4 it was when Burma’s independence was proclaimed. Sao Shwe Thaike, elected President of the new Republic, and Sir Hubert Rance, the last British Governor, presiding over the ceremony of transfer of power, and that same morning Sir Hubert and Lady Rance and their staff embarked on the ‘H.M.S. Birmingham’ which was waiting in the Rangoon river and left Burma’s shores as good friends. (N.176) History thus completed a full circle from that day December 1885 when King Thibaw and his Queens were taken by the conquering British to exile in India on the ‘H.M.S. Canning’.
Fulfihncnt had not come easily. There had been struggle over the decades since the loss of freedom. There were sacrifices all along the way: the YMBA and the GCBA and the Sangha, keen and eager in their own ways, heroes in their own times; U Ottama who gave new vigour and new boldness to politics, and who died obsessed; U Wisara whose last words in jail before he died in hunger strike was ‘Be Wise’; Saya San and his ‘Galon’ Army marching on guns and cannon with drawn swords; the older politicians and their liberal ideas and constitutional methods; the younger thakins with their impatience and their white-hot zeal; the student strikers of 1920, 1936; Aung Gyaw died with skull crushed by police batons; the martyrs of Mandalay, the ~jba and the students; the Burma Independence Army that marched on 1j~y roads and became a shining symbol of defiance and victory; the rece in the jungles with boys dying with one last wish on their lips: ‘Keep prayers for me until Burma is free’; the AFPFL and the united front, great upsurge on the crest of which rode that unique young man, Aung San. uifilment had not come easily, for at the last hour before victory Aung San, the hero, the idol, was struck down and physically des­.Aung San had presided over the constitution drafting committees, his decision and his very presence had brought harmony and unanimity the proceedings. Leaders of the Shans, the Kachins, the Karens, the and the Karenni peoples trusted him and accepted his final word and e. Difficult or delicate points were overcome by a small word, or a ed joke, or a solemn promise from Aung San. Even he was sacrificed the independence struggle. On 19th. July, 1947, Aung San was having his
tive Council meeting, when a group of gunmen burst into the chambers ying bullets all round. In a few confused minutes Aung San and several his colleagues lay on the bloody floor dead or dying. this home in the suburbs of Rangoon, U Saw waited for his gunmen to .When they arrived back and reported success of their mission, he ‘Victory!’ and waited confidently by the telephone for the call from Government House which he expected. With Aung San and seniorAFPFL rs removed, the Governor would call upon him, U Saw was certain, to a Government. Once more he would return to power, ‘Galon’ Saw the ul, conqueror of all foes. The telephone call did not come, however. its stead the police arrived. U Saw and the gunmen, some of whom had unwilling but helpless under his spell, were tried by a Special Tribunal open hearings, and finally sentenced to death. (N.177) “I regarded him (U Saw),” Clement Attlee wrote recalling the London visit of Aung San, U Saw the Burmese delegation, “as a man who would ‘smile and smile and be a ‘.We had the whole party down to Chequers for lunch and my wife thought that she was entertaining a prospective murderer and his victims. " (N.178)
Thus independence came to Burma after decades of struggle and many sacrifices. ‘Does this statement mean,’ Mr. Winston Churchill hnanded leading the Conservative Opposition in the House of Commons, ‘that we pay and we go, or only that we go?’ when Mr. Attlee, the Prime Minister, announced the coming of Burma’s independence.’ (N.179) In an earlier debate in which Mr. Attlee stated that ‘HIS Majesty’s Government do not regard the White Paper Plan as unchangeable in the light of developing circumstances,’ Mr. Churchill had also complained that the ‘British Empire seems to be running off almost as fast as the American loan.” (N.180)
But history had been kind to Burma, The British might not ‘pay and go’ but at least they went in a friendly way. In the light of drastic events which are happening in the world today, one can think of other colonial powers who would have, in similar circumstances, neither paid nor gone, but stayed and established their power by force and slaughter. Thus it was fortunate that Burma had finally to deal with the British and no other. It was also fortunate that before the final phase of struggle against British rule, Japan came to Burma and brought ‘independence’ if only in the ‘Coprosperity Sphere’. It is now fashionable to condemn Japan of the war as ‘fascist’ and to ridicule Burma’s independence under the occupation as the cheap ‘Tokyo-made’ variety. But the war, and the Japanese, with their ‘Asia for Asians’ slogan, lifted the hearts and hopes of the Burmese, the Indians, and Asians under colonial rule everywhere. Their victory over the Allied Powers gave potent and vivid proof that Asians could be the equals of other peoples the world over. In Burma the independence gave the peoples their national army, their government and their courts; returned to them their pride and their confidence. The face-slapping Japanese soldier tarnished the shining sheet, no doubt, and the trials and tribulations of the total war that was being fought over Burma took much of the joy of independence away. But three years of the war, and of independence, made the Burmese peoples new, and the tragedy of the early liberation years rose from the discord between the old ideas and the old formulae of London and Sir Reginald Dorman-Smith and his old Minirters, and the new ideas and moods of these new Burmese peoples.
‘We need harbour no resentment,’ said Prime Minister Thakin Nu, about the intrusion of the West into Burma’s history. ‘We could not forever develop our own culture and maintain our old ways of life without reference to the outside world, a world which was even then growing smaller by the develop­ment of the steamship and the railway. The dash with the West was bound to come and if in that clash we lost for a time our independence we have gained in knowledge of the world and have had time and opportunity to align our civilization and our way of life to what the world demands though we have been careful not to lose in that process our national in­dividuality and the principles which we hold dear,’ (N.181)

(N.1) Thibaw’s family included his two queens and two daughters; his staff consisted of six officers and seventeen attendants (‘An Episode of Burma’s History in India,’ an article by U Hla in the Ludu daily newspaper, in Burmese, January 4, 1958) (Back)
(N.2) Premier U Nu is fond of remembering this incident in his speeches for national unity, e.g. his speech in the Provisional Parliament, congratulating the election of the Sawbwa of Yawnghwe (the son of the Sawbwa in the incident) as Speaker. Parliamen­tary Proceedings, vol. III. No. 9, page 389. (Back)
(N.3) Burmese Sketches, Taw Sein Ko, Rangoon, 1913, pp. 46—47. (Back)
(N.4) See appendix I.(Back)
(N.5) Burma Laws Act (1898), s. 13.(Back)
(N.6) Public Administration in Burma, F.S.V. Donnidion, Royal Institute of International Affairs, 1953(Back)
(N.7) Burmese Sketches. Taw Scin Ko, pp. 49—50.(Back)
(N.8) eg. The Passing of Empire, London. 1913 The Inward Light, MacMillan, 1917.(Back)
(N.9) eg. Trials in Burma, Faber & Faber, 1937; The Journey Outward, Faber & Faber. 1952.(Back)
(N.10) Into Hidden Burma, Calls. Faber & Faber, 5953, p. 35.(Back)
(N.11) Prof. C. H. Luce is now special professor in oriental history at the University of Rangoon, and his monumental study of ‘Pagan’ is to be published soon by the Burma Historical Commission. His Burmese wife, Daw Tee Tee Luce, runs a ‘boys home’.(Back)
(N.12) The author met Khup Lian at his village in April, 1957. He was then old and bent double, but he still climbed the mountains easily, and his memory was clear.(Back)
(N.13) The five enemies’ are: floods: fire: Government or Ruler; thieves; those who hate one.(Back)
(N.14) Shihoe is the posture and gesture of great respect: one sits on the knee or prostrate, with hands clasped as in prayer.(Back)
(N.15) ‘The Minds begin to Move’ was the theme of ‘K’, the popular pen-name of U Khin Zaw, describing these times in his ‘Burma in My Life-time,’ which was seria]ised iu the Guardian magazine from February, 1956.(Back)
(N.16) Reliable accounts of the YMBA—GCBA period in Burma’s Political History, a book in Burmese, written by U Ba Khine, a leader of the Fabian party, and published in 1g37 in a series of articles under the same title, written by U Lay Maung. politician and journalist, now Assistant Director of Religious Affairs, and published by the Bamahhit Burmese language daily newspaper between iôth. June, and 29th. September, 1956; in Encyclopaedia Burmanica, vol. 2, and World Affairs-Half-a-Century. 3 volumes, published by the Burma Translation Society in Burmese, sg~6: Political Memoirs, by Them Pe Myint, published by Shwepyidan Publishers, Rangoon. in Burmese. 1956; ‘The Development of Political Parties in Burma’, by ‘Deedok’ U Ba Choe, published in a series of articles in the English-language Rangoon Review in its first and last year, 1945—46.(Back)
(N.17) Sir Arthur Eggar was also Professor of Law at the University of Rangoon till his retirement lfl 1938. He was awarded the LL. D. degree honoris causa, and came to receive the diploma from Premier U Nu, Chancellor of the University of Rangoon, at the Convocation ceremony held in December, 1957. He wrote and published a series of volumes on the Laws of India and Burma, and also compiled the ‘Burma Code’ of laws.(Back)
(N.18) Gaungbaung is the headgear of Burmese males worn indoors and out, a mark of rank and respect and formality.
“T is skull-cap shaped, though slightly high ‘t is unique. it hits the eye.
Just above the rounded brim
Peeps a loose end small and trim.
With a waft of sudden breeze
It licks the nose and one may sneeze...’
is the humorous description of the gaungbaung by ‘M.M.T.’ in his uproarously popular ‘libellous lyrics' of Burmese life in the Guardian magazine (April, 1957 — ‘Burmese Attire’).(Back)
(N.19) In the ‘Dawn of Nationalism in Burma’. an article in the Joiirno.1 of the Burma Research Society, April. sg~o, by J. S. Furnivall, reproducing extracts of a lecture by U May Oung in the early YMBA days.(Back)
(N.20) Report of the Joint Select Committee London, 1934, 247. (Back)
(N.21) Prom 40 to 60 percent of the members were Government officers and staff, according to U Pu whom the author interviewed on November 30, 1957.(Back)
(N.22) An obituary of Sir J. A. Maung Gyi, by Nyo Mya, editor of the ‘Oway’ Burmese daily newspaper, appears in the Guardian magazine. April, 2955.(Back)
(N.23) Profile of U Them Maung. Guardian magazine. September. 2955.(Back)
(N.24) In a condolence motion in the Chamber of Deputies U Khant (Pantanaw) gave a life sketch of U Chit Hlaing, and, incidentally, of the GCBA movement. Parliamentary Proceedings, Deputies, vol. 3 No. 2, February 24, 2953, pp. 145—154. Proceedings axe all in Burmese now.(Back)
(N.25) U Ba Hlaing runs a business, and also writes on the ‘Revolution of the Olden Times’, mainly of the GCI3A era in the Amyothtz (Nationalist) Burmese fortnightly magazine published by Dr. Ba Maw.(Back)
(N.26) ‘The policy of His Majesty’s Government, with which the Government of India are in complete accord, is that of the increasing association of Indians in every branch of the administration and the gradual development of self-governing institutions with a view to the progressive realization of responsible government in India as an integral part of the British Empire.’ The reform schemes which were drafted in accordance this policy became popularly known as the ‘Montagu-Chelmsford Reforms’ after Mr. Montagu, Secretary of State for India, and Lord Chelmsford, the Viceroy in India.(Back)
(N.27) Sir Reginald attributed this liberal policy of the British Prime Minister Lord Curzon to ‘an extraordinary temporary lapse of an otherwise brilliant brain.’ The Zndiats Dilemma by Sir Reginald Craddock, London. 5930, quoted by John L. Christian in his valuable book, Burma and the Japanese Invader, Thackers, Bombay. 1945.(Back)
(N.28) An account of U Ottama and his times appears in the condolence motion and speech made by U Khant (Pantanaw) in the Chamber of Deputies, and the supporting Speeches. Chamber of Deputies, vol. 4 No. s6, September 9, 5953, pp. 1451—1464. There is also a biography of U Ottama in Burmese by U Soe Maung, editor of the New Light of Burma, published by Samameitta Publishers, Rangoon, ig~6.(Back)
(N.29) The Secretary of the GCBA in its first year was U Thin Maung; U Htoon Aung Gyaw was Treasurer; Executive Committee members were U Maung Maung Ohn Ghine, U Ba Hlaing, U Ba Si, U Pu (Tharrawaddy), U Them Maung, U Msung Gyee, U Tun Wai, U Aye Maung, and U Pu, hamster.(Back)
(N.30) Our National Day’ by ‘Deedok’ U Ba Choe, first published in the Rangoon Review, reproduced in the Guardian magazine, December, 1g53.(Back)
(N.31) Befterknown as Thakin Kodaw Hmaing, the Grand Old Man of Letters and Politics. Now 84, winner of the Stalin Peace Prize. (Back)
(N.32) Author and educationist, presently Burma’s Permanent Representative at the United Nations.(Back)
(N.33) ‘Burma Legislative Council’, by U Ba Dun, in Burma Yearbook and Directory. Rangoon, 1930. (Back)
(N.34) Speech by Sir Harcourt Butler to young officers at Meiktila, 11th. August, 1926.(Back)
Collection a/Speeches, Government Press, Rangoon, 1927
(N.35) Collection of Speeches, p. 146. (Back)
(N.36) Ibid.. pp. 159—60. (Back)
(N.37) A Ministers salary was Rs 5000 (i rupee = x. s. 6 a.) per month, which was a princely
salary. Ministers became known as ‘Eaters of Five Thousand’.(Back)
(N.38) The ‘Twenty-One’ were U Ba Pe. U Pu (barrister), ‘M. A.’ U Maung Gyee, U Them Maung. U Maung Gyi (New Light of Burma), U Sam, U Thin Maung, U Kun, Dr. Ba Yin. U Ba Hlaing. Dr. Them Maung. U Hla Pe, U Maung Maung Ohn Ghine, U Ba Si, U San Lin, U Ba U, U Lun Maung, U Sein Ba, U Maung Gyi, and U Thaw. (Back)
(N.39) Speech by U Pu, Burma Round Table Conference. Proceedings, Government Press, Ra.agoon, 1932. p.53. (Back)
(N.40) Ibid.. p. 78.(Back)
(N.41) In the dyarchical scheme the line of Ministers for Education which followed were: Dr. Ba Yin, U Ba Tin, barrister, U Kyaw Din, barrister, and Dr. Ba Maw, barrister; of Ministers for Forests: Sir Lee Ah Vain (two terms), barrister, Sir 5. A. Maung Gyi. and U Ba Pe.(Back)
(N.42) Two candidates were put forward, U Ba Pe, memeber for East Rangoon who won, obtaining 46 votes, and U Ba Dun, member for West Rangoon. who obtained 24 votes. Burma Legislative Council, Proceedings, vol. 1. 1923, pp. 51—52.(Back)
(N.43) Eg. Government’s statement that the Rangoon Cantonment, including areas adjoining the Shwedagon would be placed by the Government of India in the charge of the Local Government on terms involving the construction of a new cantonment at Mingladon (which was estimated to take ~ years) and the arsenal on the Pagoda could then be moved out. Ibid. p. 5o.(Back)
(N.44) Collection of Speeches, Sir Harcourt Butler. p.155.(Back)
(N.45) Views of Local Governments on the Recommendations of the~ Indian Statutory Commis­sion, 7930, Calcutta, Government of India Press, 1930,P. 306.(Back)
(N.46) Report of the Rebellion in Burma up to 3rd. May 1931 HMSO, London, Cmd. 3900.(Back)
(N.47) Galon’ io the symbol of victory over the ‘Naga’. The Naga represents foreigners such as the English, the French, the Italians and the Russians. It is said that if a man has a ‘galon’ tattoo mark on him he becomes invulnerable, and the shot fired at him be­comes coloured fiour.~ Statement by a prosecution witness at one of the trials; Aung lila vs. King Emperor, Indian Law Reports. Rangoon series. vol. IX, p. 417.(Back)
(N.48) The Government's first motion of the Bill was lost by 39 votes to 41. The Bill was Passed on subsequent motions after heated debates. Legislative Council, Proceedings, Vol. XX—!. 593!, pp. 55—75.(Back)
(N.49) Minister under the Japanese occupation, now back in law practice.(Back)
(N.50) Legislative Assembly, Debates, Vol. I., 593!, pp. 796—834, Government of India Press, New Delhi..(Back)
(N.51) Legislative Assembly, Deb~4es, vol. III., 1931, 2082—2122..(Back)
(N.52) Retold by Sir Arthur Eggar to the author when he visited Sir Arthur in Fowey, a fishing village in Cornwall, England. in May. ig~6; Sir Arthur was spending his ad­vanced bachelor life — he had married since — fishing in the sea..(Back)
(N.53) Legislative Assembly, Debates, vol III, 193!, 2082—2122..(Back)
(N.54) Burma Round Table Conference, Proceedings, Government Press. Rangoon. 1932, p. I..(Back)
(N.55) Members of the Burma delegation were: the Sawbwa of Hsipaw, the Sawbwa of Yaunghwe, Sra Shwe Ba, Mr. C. H. Campagnac. Mr. N. M. Cawasjee, Mr. M. M. Ohn Ghine, Sir Oscar de Glanville, U Ton Aung Gyaw. U Maung Gyee, Mr. S. N. Haji, Mr. K. B. Harper, U Chit Hlaing. Mr. R. B. Howison, Dr Them Maung. U Tharra­waddy Maung Maung, Mr. Sydney Loo-Nee, U Ni, Miss. May Oung, U Ba Pe, Tharrawaddy U Pu. Mr. Hoe Kim Seing, U Ba Si, U Su. and U Aung Thin. The Sawbwa of North Hsenwi, and the Kyemmong of Kengtung were advisors to the Shans.(Back)
(N.56) Burma Round Table Conference, Proceedings, p. 39. Miss May Oung (Daw Mya Sein) is a lecturer in history at the University of Rangoon, and a prominent social worker.(Back)
(N.57) The young Sawbwa of Yaunghwe became the first President of the Union of Burma. and is now Speaker, Chamber of Nationalities.(Back)
(N.58) The primary task of the Burma Conference will be to discuss the lines of a constitu­tion for a separated Burma.’ Announcement, dated August 20, 1931. Proceedings, p.9.(Back)
(N.59) Burma Round Table Conference. Proceedings of the Committee of the Whole Conference, 277. Government Press, Rangoon, 1932.(Back)
(N.60) The delegates from Burma were U Ba Pe, U Them Maung, U Chit Hlaing, Dr. Ba Maw, Mr. Tyabji, Dr. Daw Saw Sa, Saya Shwe Ba, Mr. Campagnac, Mr. Haji, Mr. Dawoodji, Mr. Harper, and U Shwe Tha.(Back)
(N.61) Joint Committee on Indian Constitutional Reform, Report, vol. I p. 249; HMSO, London, 1934.(Back)
(N.62) ss. 59, 122, Government of Burma Act. 1935.(Back)
(N.63) See profile of U Ba Swe in the Guardian magazine, March, 1956.(Back)
(N.64) U Nu’s condolence motion in the Constituent Assembly on the assassinations of Aung San and other leaders, gives sketches of the leaders, and the 1936 strike and the thakin movement; Constituent Assembly. Proceedings, vol. II. No. x., pp. 8—24.(Back)
(N.65) Who happened to be Nyo Mya, now editor of the ‘Oway’ Burmese daily newspaper.(Back)
(N.66) Accounts of the strike appear in the following profiles published in the Guardian magazine: U Nu, Prime Minister, May, sg~ Mr. M. A. Raschid, now Minister of Mines, December, 1956: U Kyaw Nyein, Deputy Premier in charge of National Economy, March, 1955; U Ba Swe. Deputy Premier in charge of National Security, March, tg~6; Bo Khin Maung Gale, Minister for Finance and Revenue, July, ‘954; U Tun Win, Minister for Co-operatives, October, 1955; U Hla Maung, Burma’s Ambassador to Peking. July, 1955; U Nyo Mya. October, 1958.(Back)
(N.67) U Ohn, Burma’s first Ambassador to Moscow. later Advisor to the Prime Minister, U Nu. U Tun On is Commissioner, Rangoon Corporation; U Thi Han is Director of Military Supplies. Ma Ah Mar. married U Hla, and they run the Ludt~ daily news­paper in Mandalay; Ma Khin Mya is now a lecturer in the Education Faculty of the University of Rangoon; Yi Yi took her advanced degree in teaching in the Unitcd States, and is married to an Army major.(Back)
(N.68) A brief autography of Aung San appeared in the Bamahhij Burmese daily newspaper, August I, 1943, which celebrated Burma’s independence under the Japanese, and also in Burma’, Challenge, in English. by Aung San, which was prepared for publica­tion in 5946, but did not get beyond a few mimeographed copies for private circulation.(Back)
(N.69) Profile of Dr. Ba Maw. Guardian magazine, August, 5954.(Back)
(N.70) The Committee of which Justice H. B. L. Braund was chairman and U Pu Han. Mr.A. Rahim, U Khin Maung Dwe and Dr. M. A. Rauf were members, submitted its Report, on February z~’, 5939; Government Press, Rangoon, 5939.(Back)
(N.71) Forces leading to the unrest among the oilfield workers and peasants are analysed in Burma’s Revolution, in Burmese, written by Thakin Soc. who is now a Communist leader in insurrection, and published in Rangoon in 5939.(Back)
(N.72) Ba Hem became a Communist leader, and died on the eve of Burma’s independence. (Back)
(N.73) Hla Shwe became celebrated as a students’ leader, and Dictator’. He later left the movement and took a degree in medicine; in 5948, on his way to America for advanced Studies he died in an air crash. His brother is Thakin Hla Pe, ‘Ba Letya’.(Back)
(N.74) The Committee of which Justice Ba U was chairman and Senator U (later Sir) Thwin, and U Sesn Tun Aung were members, reported in July, 5939, with U Scm Tun Aung tendering a note of dissent. The Committee found that ‘the police had no justification whatsoever in charging the students in Sparks Street: and their conduct, to say the
least, is unmanly and most reprehensible.’ Report, Government Press. Rangoon, 1939.(Back)
(N.75) The author, then a student in the Intermediate College, Mandalay, was one of those whom the monks ~persuaded’ to sacrifice the western style hair-cut and be clean-shaven. The author found the cane which one monk had in his hand even mare per­suasive than the argument, and readily gave in. That was the mood of the times.(Back)
(N.76) A Government reply to a question revealed that there were only 159 Burmans, 3040 other indigenous races, 1423 Indians and 1587 British soldiers in the Burma Army shortly before the outbreak of World War II, and of officers there were 4 Burnians, ~ indigenous races, 36 Indians and 163 British. House of Representatives, Proceedings, vol. III. 1938 p. 431.(Back)
(N.77) U Ohn Khin is now proprietor of the Bama.khit Burmese daily newspaper. Thakin Than Tun, top Communist leader, is in armed rising against the Government (profile of Thakin Than Tim, Guardian magazine, October, tg~6).(Back)
(N.78) The goodwill mission, 1939, was composed of Daw Mya Sein, U Ba Lwin (now Burma’s Ambassodor to Ceylon), Mr. S. T. Leong, barrister, Thakin Nu, and others.(Back)
(N.79) Saya Tun Shwe was cast in jail for sedition, taken out in India to British evacuation in 1942, and died in jail there.(Back)
(N.80) Burma’,1 Challcnga, Aung San.(Back)
(N.81) Ministers in U Saw’s Cabinet were: Sir Paw Tun. Tharrawaddy U Maung Maung. U Aye, U Ba Than, Saw Pe Tha, U Ba Thi. U Ba Yin, and U Ba On. (Back)
(N.82) The Second World War, Winston S. Churchill, vol. III. 727. Cassell, London, 1950.(Back)
(N.83) 'Journey Perilous’ was the title of a series of articles written by U Saw in the Burmese Review, weekly English journal, published by U Tin Tut, 1946—47.(Back)
(N.84) The author was Them Pe: U Nyana, another wellknown writer and playwright, said to Thein Pe: ‘Either you must have written it, or I, for there are only two of us in Burma who are capable of such genius.’ Thein Pc admitted the authorship then.(Back)
(N.85) The Times, London, October 17, 1941.(Back)
(N.86) The Times, October 30, 1941.(Back)
(N.87) The Times. October 23, 1941.(Back)
(N.88) The Times, November 5, 2941.(Back)
(N.89) Hansard, vol. 376, p. 884. House of Commons. (Back)
(N.90) The Times, November 4, 1941. (Back)
(N.91)By Proclamation dated December 10, 1942.(Back)
(N.92) The events in this chapter and sketches of the personalities appear in the following profiles in the Guardian magazine: U Kyaw Nyein, March 1955; U Ba Swe, March, 1956; General Ne Win. October, 1954; Bo Khin Maung Gale, July. 1954; Thakin Chit Maung, September, 1954. Bo Hmu Aung, May, 1954; U Nu, May, 1955; U Tun Win, October, 1955; Thakin Than Tun, October, 1956.The facts are also gathered from interviews. Notes of speeches made on the subject by Colonel Maung Maung, Colonel Aung Gyi. and Colonel Kyi Maung, who actively took part from BIA to the resistance, and remained to build the new Burma Army, at a briefing of a visiting Yugoslav military mission in Rangoon in 1953, have also been consulted by the author. Comments and interpretations are, of course, the author’s own responsibility. (Back)
(N.93) Profile of U Hla Maung, now Burma’s Ambassador in Peking, Guardian magazine, July. 1955. (Back)
(N.94) Profile of U Ba Swe. Guardian, March, 1956. (Back)
(N.95)Colonel Maung Maung is now, perhaps appropriately, Director of Military Training in the Burma Army, and Professor of Military Science at the University of Rangoon. Colonel Aung Gyi is Colonel, General Staff. (Back)
(N. 96)Burma’s Challenge, by Aung San. (Back)
(N. 97)A History of the Minami Organ, a diary written by Mitsuru Sugii in Japanese trans­lated into English by H. Takahashi who, as ‘Colonel Kitajima’ came in with the Burma Independence Army; Mr. Takahashi is now assisting in the work of the Burma Defence Services Historical Research Institute. (Back)
(N. 98) Ibid. (Back)
(N. 99) The ‘thirty comrades were: Thakin Aung San (Bo Te Za); Thakin Shu Maung (Ba Ne Win); Thakin Tun Ok; Thakin Hla Pa (Bo Let Ya); Thakin Aung Than (Bo Set Kya); Thakin San Hlaing (Bo Aung): Hla Maung (Bo Zeya); Tun Shein. (Bo Yan Naing); Ko Shwe, (Bo Kyaw Zaw); Thakin Hla Myaing, (Bo Yan Aung); Thakin Ba Gyan (Bo La Yaung); Thakin Tin Aye. (Bo Phon Myint); Thakin Tun Khin, (Bo Myint Swe); Thakin Khin Maung U. (Bo Ta Ya): Thakin Tun Lwin. (Bo Ba La): Thakin Aung Thein. (Bo Ye Htut); Thakin Kyaw Sein. (Ba Mo Nyo): Thakin Saw Lwin (Bo Min Gaung): Thakin San Mya. (Bo Tauk Htain): Thakin Than Nyunt. (Ba Zin Yaw); Thakin Thit, (Ba Saw Naung); Ko Hla, (Ba Min Yaung): Thakin Tun Shwe, (Bo Lin Yon): Thakin Soe. (Bo Myint Aung); Ko Saung, (Bo Htein Win); Thakin Ngwe. (Bo Saw Aung); Thakin Aye Maung. (Bo Moe); Thakin Maung Maung. (Bo Nyana): Thakin Than Tin. (Bo Mya Din); Thakin Than Tin (died on Formosa island during training). Of the last-named six comrades, the five besides Thakin Than Tin died in the field either on entry into Burma. or during the resistance.Prominent among the survivors are: Bo Ne Win. General, and Chief of Staff of the Defence Forces; Bo Aung, Speaker of the Chamber of Deputies; Bo Min Gaung. Minister for Transport in the Union Cabinet: Ho Let Ya, one-time Deputy Prime Minister, now in business; Bo Set Kya, one-time Member of Parliament, now in business. Besides Bo Ne Win only one more of the ‘thirty comrades’ remains in the Burma Army, and he is Bo Bala , a major. Bo Kyaw Zaw attained the rank of Brigadier, the second highest rank in the Burma Army, and was retired out for certain leakages of vital information in his possession to the communist insurgents. Bo Zeya. Bo Yan Aung, and Bo Ye Htut are with the communist insurgents.(Back)
(N.100) The Burmese tabaung or soothsayer’s song had it that the last of the Burmese dynasty would be destroyed by the British, who in their turn would be hit by the moe gyo-’ (lightning).(Back)
(N.101) Bo Zeya remained with the Army to the resistance and, in the new Burma Army, reached back to the rank of lieutenant-colonel, then led some troops in mutiny and joined communist insurgents.(Back)
(N. 102) Profile of General Ne Win, Guardian, October, 1954.(Back)
(N. 103)Sir Maung Gyee was appointed Defence Counsellor to Sir Archibald Cochrane, the first Governor of Burma under the Government of Burma Act, in the latter part of 1940. Sir Archibald visited Burma in 1957, died at his home in Scotland in April. 1958.(Back)
(N.104)The Burma Royal Naval Volunteer Reserve, and the Burma wing of the Royal Air Force distinguished themselves in war service after evacuating from Burma. The Vice Chief of Staff (Navy) of the Defence Forces, Commodore Than Pe was one of the first officers recruited for the BRNVR; the Vice-Chief of Staff (Air) T. Clift. and several senior officers of the Burma Air Force today also served in the RAF.(Back)
(N. 105)Bandoola was the Burmese general who fought the British in the first Anglo-Bur­mese War, and won the admiration of British field officers by his generalship.(Back)
(N. 106) In Burma under the Japanese, U Nu, MacMillans, London, 1953.(Back)
(N. 107) Profile of U Kyaw Nyein. Guardian. March, 1955. An approved version of the escape appeared in the Bamakhit newspaper (then published by the Government) on August 1. 5943.
(N. 108) Dr. Ba Maw called himself Prime Minister, but General Tojo referred to him as ‘Chief Administrator’. The role of theAdministration was, in strict law, advisory; the Japanese commander-in-chief and his military administration were the rulers. Dr.Ba Maw’s ‘Ministers’ were Dr. Them Maung; Thakin Mya; Thakin Than Ton; (Bandoola) U Sein; U Hla Pe; U Tun Aung; Thakin Tun Ok; Thakin Ba Sein, and U Ba Win. (Financial and Economic Annual of Burma, July, 1943. Government Press, Rangoon, 5943).
(N.109) Sir Mya Bu now lives in retirement. Sir Ba U became Chief Justice of the Union on independence, and President of Burma, 1951-56. (His autobiography. My Burma. has been published by Taplinger. New York). Sir Maung Gyee has retired after serving as Ambassador to the Court of St. James’s. Dr. Myint is Dean of Law, University of Rangoon. U Chan Tun Aung is Chief Justice of the High Court.
(N.120). In Burma, published in September, 0944. by the Foreign Affairs Association,Rangoon.
(N.121) The experiences of a senior official who spent the war years trading in rice are recorded in River Journey’ in the Guardian, August. September, and October, 5954.
(N.122) Poliiical Memoirs, by Thakin Thein Pe, Taingchit Press, Rangoon, 1957. (in Bur­mese).
(N.123) New Order Plan, in Burma, 1944.
(N.124)Quoted in Financial and Economic Annual of Burma, 1943.
(N.125) Burma’s Challenge, by Aung San.
(N. 126) See profile of U Thein Maung, Guardian, September, 1955.
(N.127) Burma Legislative Council, Proceedings, vol. I. No. 7. p. 273
(N.128) See text of the constitution, appendix II.
(N.129) Substantive articles of the treaty read:
Art. 1. The Japanese and Burmese Governments, for the purpose of prosecuting the Greater East Asia War, agree to co-operate in military, political and economic matters.
Art. 2. The Japanese and Burmese Governments agree to co-operate in the con­struction, advance and common prosperity of the Greater East Asia Co-prosperity Sphere.
Art. 3. Matters of detail regarding the execution of this treaty will be negotiated when necessary.
Art. 4. The Treaty will come into force on the date of signature. (Bamakhit. August I. tg~3; Burma during the Japanese Occupation, vol. I, October,1943, Government of Burma, Simla.)
(N.130)The Ministers of the Cabinet were: Dr. Ba Maw, Prime Minister; Thakin Mya, Deputy Prime Minister; Dr. Them Maung, Finance; U Tun Aung, War- Cooperation; U Ba Win, Home Affairs; Bandoola U Sein, Propaganda and Prosperity: U Hla Pe, Forests and Mines; Thakin Than Tun, Land and Agriculture; UThein Maung. Justice; U Mya, Commerce and Industry; U Hla Mm. Education. Health, and City Develop­ment; U Aye, Revenue; Thakin Nu. Foreign Affairs; Major-General Aung San, War; Thakin Lay Maung, Transport.
(N.131) The first meetings of San Pa Thin, Kya Doe and Aung San are described in Grand­father Long Legs, by Ian Mocrison, Faber & Faber. London, xg~ç~. An account of a goodwill mission among Karens appears in the Guardian. June, 1947, under the title, ~My Karen Diary’, by U Mya Sein.
(N.132) Profile of the Adipati Dr. Ba Maw, by Htin Fatt. in Burma, 1944.
(N.133) Col. Aung Gyi. Brig. Tin Pe, Col. Chit Khine, and Lt-Col. Aye Maung are serving officers in the Burma Army. So are Lt-Col. Win, and Cal. Maung-Maung. Ye Htut is a leader among communist insurgents. Ba Khin Maung Gale is Minister of Finance. U Ba Gyan, after resigning as Minister, now practises law. T. K. Boon is also a practising lawyer.
(N.134) In December, 1951. when the first course was started, his theme being that party politics must severely be shut out of the Army.
(N.135)Daw Khin Kyi, widow of Aung San, is permanent head of the Social Services Cam­mission. Daw Ma Ma Gyi, wife of Thakin Than Tun, is with her husband in the jungle.
(N.136) A typical Burmese group which stole out of Burma into India in 1944 was led by Thakin Ba and Mahn Win Maung. Thakin Ba, Ba Them and some colleagues died in an aircrash on their return journey into Burma. Mahn Win Maung parachuted back, and broke a leg. He became Minister in the Union Cabinet, and was elected to the Presidency of Burma in March 1957. An account of the group’s adventures appears in the speech of the President-elect. Joint Session, Proceedings, Parliament, vol. 7. No. 1. March,11, 1957.
(N.137) A fuller story of the Burma Independence Army, the Resistance, and the Burma Army will be told when the History of the Wax, being prepared by the Defence Services Historical Research Institute, is published. An account of the aim and pur­pose of the resistance was also given by General Ne Win in his broadcast from Ran­goon on May 7.1945 (Text of broadcast appears in The New Burma, Nay Win Kyi Press, Rangoon, 1946, and the Guardian magazine January 1954).
(N.138) A report on the situation in Rangoon on the eve of the Japanese retreat by U Pu Glay, a senior reporter, now dead, appeared in the Ludu Burmese newspaper, March 27. 1958. ‘The exodus of the Adipadi Government’ from Rangoon, by U Tun Aung. who retreated with Dr. Ba Maw, appeared in the Guardtau, English daily newspaper, April 23, 1958.
(N.139) Profiles of Kyaw Nyein, Ba Swe, and Hla Maung. In the Guardian magazines of March, 1955. March 1956, and July. 1955 respectively.
(N. 140) Quoted by Aung San in a speech to the East and West Association, 29th. August, 1945, Burnza’s Challenge.
(N. 141) In Report to the Combined Chiefs of Staff by Vice-Admiral the Earl Mountbatten of Burma on his South-East Asia command, 1943—45, HMSO, London, 1951
(N.142) Ibid., P. 204. paragraph 85.
(N.143) Burma Statement of Policy by His Majesty’s Government,1945 HMSO, London.
(N.144) Speeches of Sir Reginald Dorman-Smith, Government Press. Rangoon, 1945
(N.145) The New Burma, (English), containing APPFL resolutions, etc.. Rangoon. 1946.
(N.146) Questions were repeatedly asked in the House of Commons about Dr. Ba Maw and U Saw before their release. Thus, Mr. Sorensen asked the Under-Secretary of State for Burma if Dr. Ba Maw had been brought back to Burma from Tokyo and if the Government intended to detain him indefinitely. When the Under-Secretary of State had no definite answer, Major Lloyd asked if the Government would ‘search out more Maw’s to be detained indefinitely.’ Hansard, Commons, 1945—46, vol. 426, 488. Similarly with U Saw. Tom Driberg once asked if U Saw would be free, when back in Burma, to enter politics, and if HMG was building him up to ‘counterbalance the overwhelming popular support enjoyed by the AFPFL?’ The Under-Secretary of State replied: ‘Burma. like this country, being a free country, it will be difficult to prevent any citizen taking part in politics.’ He gave a negative reply to the second part of the question. Mansard, Commons, 1946, vol. 418, 2346. For the exploits of Thakin Them Pe, there is his own account in Traveller in War-time, in Burmese, Shumawa publishers. Rangoon, 2953.
(N. 147) AFPFL nominees were: Bogyoke Aung San, U Ba Pe, U Ba On. U Aye, U Razak, U Mya (Pyawbwe), Thakin Mya. Thakin Them Pe. U Nyo Tun, Mahn Ba Khine, and Saw Ba U Gyi (who later led the insurrection of the Karen National Defence Organi­zation). The Governor appointed. after failure of negotiations with the AFPFL: Sir Paw Tun, Sir Htoon Aung Gyaw, U Ba On and U Aye (who broke away from the AFPFL to accept office). U Lun, U Pu. Thakin Yan Aung (who is now Deputy Attorney-General), Mahn Ba Khin, U Tharrawaddy Maung Maung, Sir John Wise, and Sir Raibeart MacDaugall. See The New Burma.
(N.148)In his presidential address at the AFPFL convention in January, 1946. Reproduced in Burma’s Challenge.
(N.149) A detailed account — and an inspired defence — of Sir Reginald Dorman-Smith’s performance after liberation is in The First and Last In Burma. by Maurice Collis, Faber & Faber, London, 1957.
(N.150) Thakin Tun Ok was also appointed to the Executive Council on his return from war­time exile.
(N.151) Burma Legislative Council, Proceedings. vol. 1—12 p. 449.
(N.142) Burma Legislative Council. Proceedings, vol. 1—16 p. 1.
(N.153) Burma Legislative Council, Proceedings. vol. 1—17 p. 606.
(N.154). Burma Legislative Council, Proceedings. vol. 1---15p. 545.
(N.155) The Under-Secretary of State for Burma replied to a question by Tom Driberg that s the Government was not aware of any distress caused to loyal Burmese by the ap­pointment of Thakin Tun Ok, a prominent young Burmese politician who has recently returned to Burma from Singapore where he had been deported by the Japanese.’ Hansard, Commons. 1945—46, vol. 420. 740—74!.
(N.156) An Enquiry Committee was appointed to report on the incident, and its Report was published by the Government Press, Rangoon. 2946.
(N.157) In Burma’s Fight for Freedom, commemorating independence, Government Information. Rangoon, January 1948.
(N.158) The new Executive Council. appointed on September 27, 1946, was made up of: U Aung San, de facto Deputy Chairman or Prime Minister, Counsellor for Defence and External Affairs; Thakin Mya, Home Affairs; U Ba Pe, Commerce and Supplies; Thakin Thein Pe, Agriculture and Rural Economy; Mahn Ba Khine, Industry and Labour; U Aung Zan Wai, Social Services; U Tin Tut, Finance & Revenue; Thakin Ba Sein. Transport & Communications; and Sir Maung Gyee, Public Works & Rehabilitation. (Burma Gazette. Part I, October 12, 1946). On the expulsion of the Communist Party from the AFPFL in October, Thakin Them Pe, its representative, resigned from the Council on October 22. Saw Ba U Gyi, and U Mya (Pyawbwe) were added as Counsellors (Burma Gazette, Part I. November 2, 5946). U Saw was appointed to the Council on November 8, 1946 (Burma Gazette. Part I, November g, 2946). U Saw and Thakin Ba Sein who went to London on the Burmese delegation and refused to sign the ‘Aung San-Attlee Agreement’ resigned from the Council on their return to Rangoon.
(N.159) Hansard. Commons, 1945—46, vol. 418, 1345.
(N.160)Reports on the situation in 5946 are found in: ‘Burma in August 5946’, by U Khaut, one-time Member of Parliament. in the Guardian magazine, November, 1955; and ‘Burma Demands her Freedom.’ by Thakin Kyaw Sein in the Guardian magazine, January. 5958.
(N.161) U Aung San led the delegation, with AFPFL leaders Thakin Mya, U Ba Pe. U Tin Tut, U Kyaw Nyein, and U Aung Than (Bo Setkya). Thakin Ba Sein, U Saw, and their advisors Thakin Cit and U Ba Yin, were also on the delegation.
(N.162) As It Happened an autobiography by Mr. C. R. Attlee. Odhams, London, pp. 217—220.
(N.163)‘It was a Memorable Signature’, by U Tin Tut. in the New Times of Burma, January 4, 1948.
(N.164) Ibid.
(N.165)On February 28, 1947. Speeches of Bogyoke Aung San. Government Information, (Burmese). Rangoon, 1949.
(N.166) Conclusions reached in the Conversation between His Majesty’s Government and the Delegation from the Executive Council of the Governor of Burma. HMSO, London, command paper. 1947.
(N.167) Text of Panglong Agreement is appended.
(N.168) The members of the Committee for Burma proper were U Tin Tut, Thakin Nu, Ho Khin Maung Gale. and Saw Myint Them representing the Karen Youths’ Organi­zation; frontier areas members were the Sawbwa of Mongpawn, Sama Hsinwa Nawng, U Vum Ko Hau. and Saw Sankey of the Karen National Union. U Kyaw Nyein served as a member at the early stages but withdrew due to pressure of work as Home Minister.
(N.169) See Report of the Committee. Government Press, Rangoon, 3947.
(N.170) Ibid., p. 29
(N.171) Except for the 7 Communist members, and a few ‘independent’ members, all the successful candidates, including those representing communal interests, were either actively AFPFL or supporters of the League. The Communist members also took part in the drafting of the constitution, and supported the agreements with His Majesty’s Government.
(N.172) See Appendix.
(N.173) U Chan Htoon served for several years as the first Attorney-General, and is now a ~Judge of the Supreme Court. His staff included U Tun Tin, U Scm, U Ba Thaung. ~U Khin Maung Than, U Nan Nwe, and U Thoung. U Them Han, scholar and poet. ,Librarian of the University of Rangoon, served as officer on special duty, and trans­~Iated the English drafts into Burmese.
(N.174) ‘Sir B. N. Rau served as India’s Permanent Representative to the United Nations ~WIth great distinction, before he was elected to be Judge of the International Court of Justice in which office he died.
(N.175) Burma Independence Act, 1947, dated 10th. December, 2947, xx Gao 6, Ch. 3.
(N.176) Sir Hubert Rance was awarded the highest title in its gift by the Government of the Union of Burma, and he visited Rangoon in 2956 to receive it.
(N.177) ~7ho story of the assassinations may be found in the judgment of the High Court. on Appeal from the Special Tribunal, U Saw and 9 others vs. The Union of Burma, 1948 Burma Law Reports 217. Also U Sow & 4 others vs. The Union of Burma, 1948. BLR 249, Supreme Court. An interesting ‘inside story’ of the crimes was given by one of his men, Thukha, while serving his sentence, to U Hla in an intimate interview: The Jail and the Men, by U Hla (in Burmese). Ludu Press, Mandalay, 1957.
(N.178) AS It Happened by Mr. C. R. Attlee
(N.179) Hansard, Commons, 1g46—47. vol. 432, 778.
(N.180) Mansard, Commons, vol. 43!, 2343.
(N.181) Broadcast to the nation, January 4, 1948.

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DVB Constitutional Article _51_.pdf 35.04 ကီလိုဘိုက်
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DVB Constitutional Article _35_.pdf 39.08 ကီလိုဘိုက်
DVB Constitutional Article _34_.pdf 36.05 ကီလိုဘိုက်
DVB Constitutional Article _33_.pdf 45.53 ကီလိုဘိုက်
DVB Constitutional Article _32_.pdf 32.29 ကီလိုဘိုက်
DVB Constitutional Article _31_.pdf 38.52 ကီလိုဘိုက်
DVB Constitutional Article _30_.pdf 40.75 ကီလိုဘိုက်
DVB Constitutional Article _29_.pdf 37.77 ကီလိုဘိုက်
DVB Constitutional Article _28_.pdf 43.3 ကီလိုဘိုက်
DVB Constitutional Article _27_.pdf 46.41 ကီလိုဘိုက်
DVB Constitutional Article _26_.pdf 46.66 ကီလိုဘိုက်
DVB Constitutional Article _25_.pdf 45.13 ကီလိုဘိုက်
DVB Constitutional Article _24_.pdf 50.31 ကီလိုဘိုက်
DVB Constitutional Article _23_.pdf 43.05 ကီလိုဘိုက်
DVB Constitutional Article _22_.pdf 37.81 ကီလိုဘိုက်
DVB Constitutional Article _21_.pdf 46.56 ကီလိုဘိုက်
DVB Constitutional Article _20_.pdf 50.18 ကီလိုဘိုက်
DVB Constitutional Article _19_.pdf 35.64 ကီလိုဘိုက်
DVB Constitutional Article _18_.pdf 29.15 ကီလိုဘိုက်
DVB Constitutional Article _17_.pdf 31.03 ကီလိုဘိုက်
DVB Constitutional Article _16_.pdf 30.31 ကီလိုဘိုက်
DVB Constitutional Article _15_.pdf 31.77 ကီလိုဘိုက်
DVB Constitutional Article _14_.pdf 31.61 ကီလိုဘိုက်
DVB Constitutional Article _13_.pdf 31.48 ကီလိုဘိုက်
DVB Constitutional Article _12_.pdf 31.57 ကီလိုဘိုက်
DVB Constitutional Article _11_.pdf 31.08 ကီလိုဘိုက်
DVB Constitutional Article _10_.pdf 31.99 ကီလိုဘိုက်
DVB Constitutional Article _9_.pdf 29.74 ကီလိုဘိုက်
DVB Constitutional Article _8_.pdf 34.13 ကီလိုဘိုက်
DVB Constitutional Article _7_.pdf 35.4 ကီလိုဘိုက်
DVB Constitutional Article _6_.pdf 30.87 ကီလိုဘိုက်
DVB Constitutional Article _5_.pdf 36.18 ကီလိုဘိုက်
DVB Constitutional Article _4_.pdf 37.31 ကီလိုဘိုက်
DVB Constitutional Article _3_.pdf 37.02 ကီလိုဘိုက်
DVB Constitutional Article _2_.pdf 36.09 ကီလိုဘိုက်
DVB Constitutional Article _1_.pdf 36.29 ကီလိုဘိုက်

NCUB's Future Constitution of Burma

Attachment အရွယ်အစား
NCUB Constitution in Burmese.pdf 170.71 ကီလိုဘိုက်
NCUB Constitution in English.pdf 684.91 ကီလိုဘိုက်
Commentary on the NCUB Constitution of Burma.pdf 493.44 ကီလိုဘိုက်

The National Convention

Constitutional Principles

Attachment အရွယ်အစား
Constitutional Principles (Burmese).pdf 321.29 ကီလိုဘိုက်

SLORC Detailed Basic Constitutional Principles

Approved by the Military Government's National Convention in Burma

DETAILED BASIC PRINCIPLES FOR THE LEGISLATURE

1. Regarding Legislation: -

(a) The legislative power of the state is disseminated to the Union Congress, the Regions Assemblies and the States Assemblies.

(b) The autonomous territories are vested the legislative power according to that provided by the Constitution.

2. Regarding the two assemblies: -

(a) The assembly that is made up with assembly representatives elected on the basis of population and military personnel whose names are submitted by the military defense headquarters as assembly representatives shall be addressed as the People's Assembly, and,

(b) The assembly that is formed with equal numbers of assembly representatives elected from the regions and states and military personnel whose names are submitted by the military defense headquarters as assembly representatives shall be addressed as the National Assembly.

3. Regarding the formation of the Congress of the Union: -

The Congress of the Union is composed of the following two assemblies: -

(a) The People's Assembly that is formed with assembly representatives elected on the basis of population and military personnel whose name are submitted by the military defense headquarters as assembly representatives;

(b) The National Assembly that is formed with equal numbers of assembly representatives elected from the regions and states and military personnel whose names are submitted by the military defense headquarters as assembly representatives.

4. Regarding the formation of People's Assembly

The People's Assembly shall be formed with a maximum 440 assembly representatives as follows;

(a) Not more than 330 People Assembly representatives that are elected on the basis of population.

(b) Not more than 110 military personnel whose names are submitted according to law by the military defense headquarters as People's Assembly representatives.

5. Regarding the officers and deputy officers of the respective assemblies: -

The officer that will supervise the first session of each respective term of the assembly for the swearing in of the assembly representatives and the election of the assembly's chairman and vice-chairman shall be referred to as the President, the officer and deputy officer of the Union Congress shall be referred to as the Patron and Deputy Patron, the officer and deputy officer of the People's Assembly, the National Assembly, the Regions Assemblies or States Assemblies shall be referred to as the Chairman and Deputy Chairman respectively.

6. Regarding the selection of the President of the People's Assembly: -

(a) At the beginning of the first session of the term of the People's Assembly a People's Assembly representatives shall be selected as president.

(b) The president shall swear in before the People's Assembly.

(c) The president shall supervise the People's Assembly session until the People's Assembly chairman and deputy chairman are elected.

7. Regarding the election of the People's Assembly Chairman and Vice-Chairman: -

(a) In the People's Assembly,

(1) The People's Assembly representatives shall elect one People's Assembly chairman and one vice chairman from among the People's Assembly representatives.

(2) If the officer of the chairman or the vice-chairman becomes vacant, the vacancy shall be filled at the next People's Assembly session.

(3) When the chairman is unable to perform the responsibilities the vice chairman shall temporarily perform the responsibilities of the chairman.

(c) The procedures to elect the People's Assembly chairman and vice chairman shall be enacted by law.

8. Regarding the conducting and the termination of the responsibilities of the chairman vice chairman: -

(a) The People's Assembly chairman and vice chairman shall serve as chairman and vice chairman until before the first session of the term of the next People's Assembly.

(b) ---

(c) When the People's Assembly chairman or vice chairman resign or are dismissed as representative of the People's Assembly, or are no more eligible to continue as the People's Assembly representative, or have been released from chairmanship or vice chairmanship by the People's Assembly, or die, he/she shall already be terminated as chairman or vice chairman.

9. Regarding the responsibilities, powers and rights of the chairman and vice chairman of the People's Assembly: -

- The responsibilities, powers and rights of the chairman and vice chairman of the People's Assembly shall be enacted by law.

10. Regarding the status of the chairman and vice chairman of the People's

Assembly: -

- For reference in the enactment of law on the responsibilities, powers and rights of the chairman and vice chairman of the People's assembly, the status of the chairman of the People's Assembly is designated as vice president and the vice chairman as Union minister.

11. In the People's Assembly: -

(a) Regarding the formation of the People's Assembly Committees: -

(1) The People's Assembly shall form with the People's Assembly representatives, People's Assembly Bills Committee, People's Assembly budget Committee, Assembly Rights committee, and Committee to Scrutinize Bonds, Agreements and Treaties of the Government.

(2) When occasions arise for the study and report on matters relating to defense and security or military affairs, the People's Assembly shall form, with the military representatives to the People's Assembly a Defense and Security Committee with a fixed term. In thus forming the Defense and Security Committee, if it is also necessary to include appropriate non military representatives to the People's Assembly, it can thus be done.

(3) When it is necessary for the People's Assembly for a study and report on legislation, administration, ethnic nationalities, economic, finance, social, foreign and other matters it may form assembly committees with assembly representatives with fixed terms.

(4) The People's Assembly shall designate the numbers, responsibilities, powers, rights and terms of the People's Assembly Committees.

(5) If occasions arise for the People's Assembly to confer with the National Assembly on some matters, the People's Assembly may elect and mandate from among its representatives delegates to the joint committee formed with equal numbers of representatives from the two assemblies. The term of the joint committee is till the completion of the reporting to the respective assembly.

(6) If, a matter that falls outside the Jurisdiction of the committees mentioned in paragraph (1) and (2) needs the investigation of both the People's Assembly and the National Assembly the chairman of both assemblies shall negotiate between and may form a joint committee with equal numbers of representatives from the People's Assembly and the National Assembly to investigate the matter. The People's Assembly may elect and mandate the People Assembly representatives to the joint committee. The term of the joint committee is till the completion of the reporting to the respective assembly.

(b) Regarding the formation of the People's Assembly commissions and Bodies: -

(1) The People's Assembly, may, besides matter study by the People's Assembly committees, form commissions and bodies for other matters, with representatives of the People Assembly or may also include appropriate citizens.

(2) At the time that the People's Assembly forms the above commissions and bodies it shall at the same time designate the number of members, responsibilities, powers, rights and terms of the commissions and bodies.

12. Regarding the formation of the National Assembly: -

- The term of the People's Assembly is five years from the day its holds its first session.

13. Regarding the formation of the National Assembly: -

- The National Assembly shall be formed with a maximum 224 assembly members as follows: -

(a) 168 elected National Assembly representatives, from equal number of twelve representatives for each region and state, including Union territory, among which shall include one representative from autonomous province or autonomous territory.

(b) 56 military personnel National Assembly representatives whose names are submitted according to the law by the military defense headquarters, from equal number of four representatives for each region and state, including Union territory.

14. Regarding the selection of the President of the National Assembly: -

(a) At the beginning of the first session of the term of a Nation Assembly, a representative to the National Assembly shall be selected as President of the National Assembly.

(b) The President shall swear in before the National Assembly.

(c) The President shall supervise the National Assembly are elected.

15. Regarding the election of the Chairman and Vice Chairman of the National Assembly: -

(a) In the National Assembly,

(1) The National Assembly representatives shall elect from among the National Assembly representatives a Chairman and a Vive Chairman.

(2) If the Chairman or Vice Chairman's office becomes vacant, it shall be filled at the next National Assembly session.

(3) When the Chairman is not able to perform his/her responsibilities, the vice chairman shall temporarily perform the responsibilities of the chairman.

(b) The procedures to elect the National Assembly Chairman and Vice Chairman shall be enacted by law.

16. Regarding the conducting and the termination of the responsibilities of the National Assembly Chairman and Vice Chairman: -

(a) The National Assembly chairman and vice chairman shall serve the responsibilities of the chairman vice chairman until before the first session of the term of the next National Assembly.

(b) When the National Assembly chairman or vice chairman resigns or dismissed as the National Assembly representative, or is no more eligible to continue as the National Assembly representative, or has been released from the chairmanship or vice chairmanship by the National Assembly, or die, h/she shall already be terminated as chairman or vice chairman.

17. Regarding the responsibilities, powers, and rights of Chairman or Vice Chairman of the National Assembly: -

The responsibilities, powers and rights of the chairman and vice chairman of the National Assembly shall be enacted by law.

18. Regarding the status of the Chairman and Vice Chairman of the National Assembly: -

-For reference in the enactment of law for the responsibilities, powers and rights of the chairman and vice chairman of the National Assembly, the chairman of the National Assembly is designated the status of vice president. The vice chairman is designated the status of Union minister.

19. Regarding the formation of the National Assembly Committees: -

(a) The National Assembly shall form with the National Assembly representatives the Bill Committee, People Budget committee, Assembly Rights Committee and committee to Scrutinize Bonds, Agreements, and Treaties of the Government.

(b) When occasions arise for the study and report on matters relating to defense and security or military affairs, the National Assembly shall form, with the military representatives of the National Assembly, a Defense and Security Committee with a fixed term. The thus formed Defense and Security Committee, according to necessity for the work, if it is necessary, may also include appropriate non military representatives of the National Assembly in the committee.

(c) When it is necessary for the National Assembly to study and report on matters on legislation, administration, ethnic nationalities, economic, finance, social, foreign and on other matters, it may form committees with National Assembly representatives with fixed terms.

(d) The National Assembly shall designate the number of members, responsibilities, powers and rights of the National Assembly Committees.

(e) If occasions arise for the National Assembly to confer with the People's Assembly on some matters, the National Assembly may elect and mandate from among its representatives delegates to a joint committee form with equal number of representatives from the two assemblies. The term of the joint committee is till the completion of the reporting to the respective assembly.

(f) If a matter other than that the committees in paragraph (1) and (2) are responsible with needs the study of both the National Assembly and the People's Assembly, the chairmen of both assemblies shall negotiate between themselves and may form a joint committee with equal numbers of representatives from the National Assembly and the People's Assembly to study the problem. The term of the joint committees is till the completion of the reporting to the respective assembly.

20. Regarding the formation of National Assembly Commissions and Bodies: -

(a) The National Assembly may, on matters other than those investigated by the National Assembly committees, from when necessary, commissions and bodies with National Assembly Committees, form when necessary, commissions and bodies with National Assembly representatives or includes appropriate citizens.

(b) The National Assembly, in forming the above commissions and bodies, shall also set down the number of the members, responsibilities powers, rights and terms of the commissions or bodies.

21. Regarding the term of the National Assembly: -

- The term of the National Assembly is the same as that of the People's Assembly. On the day that the term of the People's Assembly expires, the term of the National Assembly also expires.

22. Regarding the conducting of responsibilities of the President and Vice President of the Union Congress: -

(a) The National Assembly chairman and vice chairman shall concurrently serve as the president and vice president of the Union Congress from the day that the term of a People's Assembly begins till the day of the completion of 30 months. The chairman and vice chairman of the People's Assembly shall concurrently serve as the president and vice president of the Union Congress for the remain of the term.

(b) When the president of the Union Congress is unable to serve his/her duty, the vice president shall temporarily serve the duty of the president.

23. Regarding the formation of Region Assembly and State Assembly: -

- The Region Assembly or State Assembly shall be formed as follows: -

(a) Two elected representatives to the Region Assembly or State Division each from the townships within the region or the state,

(b) In the regions, one elected representative to the Division Assembly each from every ethnic nationalities other than that division that already obtained or ethnic nationalities that have already obtained autonomy within the region, having a considerable number of zero point one (0.1) percent or more of the total population of the country as recognized by the authorities,

(c) In the states, one elected representative to the State Assembly each from every ethnic nationalities other than that state that already obtained or ethnic nationalities that have already obtained autonomy with that state, having a reasonable population of zero point one (0.1) percent or more of the total population of the country as recognized by the authorities,

(d) Military personnel who number shall be equal to one third of the number according to paragraph (a) and (b) or (a) and (c) whose names are submitted by the military defense headquarters according to law as Region Assembly or State Assembly representatives.

24. Regarding the selection of the President of the Region Assembly or State Assembly: -

(a) At the time of the beginning of the first session of the Region Assembly or State Assembly of each term of the Region Assembly or State Assembly, a representative of the Region Assembly or State Assembly shall be selected as the President.

(b) The President shall swear in before the Region Assembly or State Assembly.

(c) The President shall supervise the Region Assembly or State Assembly till a chairman and vice chairman of the Region Assembly or State Assembly are elected.

25. Regarding the election of the Chairman and Vice Chairman of the Region or State Assembly: -

(a) In the Region or State Assembly,

(1) The representatives of the Region or State Assembly shall elect a chairman and vice chairman of the Region or State Assembly from among the representatives of the respective assembly.

(2) In the case of the vacancy of the chairman or vice chairman office, it shall be filled at the nearest assembly session.

(3) When the chairman is not able to serve the responsibilities of the chairman, the vice chairman shall temporarily serves the responsibilities of the chairman.

(c) Procedures for the election of the chairman and vice chairman of the Region or State Assembly shall be enacted by law.

26. Regarding the conducting and the termination of responsibilities of the Chairman and Vice Chairman of the Region or State Assembly: -

(a) The Chairman and Vice chairman of the Region or State Assembly shall serve the responsibilities of the Chairman and Vice Chairman until before the first session of the term of the next Region or State Assembly.

(b) When the Region or State Assembly chairman or Vic Chairman resigns, or dismissed as the Region or State Assembly representative, or has been released from the chairmanship or vice chairmanship by the Region or State Assembly, or die, he/she shall already be terminated as Chairman or Vice Chairman.

27. Regarding the responsibilities, powers and rights of chairman and Vice Chairman of the Region or State Assembly

- The responsibilities, powers and rights of the Chairman and Vice Chairman of the Region or State Assembly shall be enacted by law.

28. Regarding the status of the Chairman and Vice Chairman of the Region or State Assembly: -

-Form reference in the enactment of law on the responsibilities, powers and rights of the Chairman and Vice Chairman of the Region or State Assembly, the Chairman of the Region or State Assembly is designated the status of Union Minister. The Vice Chairman the status of Region or State Minister.

29. Regarding the formation of Region Assembly or State Assembly Committees; -

(a) The Region or State Assembly may, when it is necessary, form committees and bodies with the respective Region or State Assembly representatives to study and report on legislation as vented by the Constitution and the affairs of the ethnic nationalities.

(b) The Region or State Assembly may include appropriate citizens in the formation of the above committees and bodies.

(c) The Region or National Assembly shall, on the formation of committees or bodies, also designate the number of members in the committees, responsibilities, powers, rights and terms of the committees or bodies.

30. Regarding the term of the Region or State Assembly: -

- The term of the Region or State Assembly shall be the same as that of the People's Assembly. On the day that the term of the People's Assembly expires, so does that of the Region or State Assembly.

31. Regarding the responsibilities, powers and rights of representatives to the People's Assembly, National Assembly and Region or State Assembly: -

- The responsibilities, powers, and rights of representatives to the people's Assembly, National Assembly and Region or State Assembly shall be enacted by law.

32. Regarding the standardizing the qualification of the representatives to the People's Assembly: -

(a) who has the age of 25 years,

(b) who is a citizen born of both parents who are citizens,

(c) who has lived continuously in the Union of Burma for at least 10 years at the time of being elected as representative to the People's Assembly,

(d) has the qualification as standardized in the election law.

33. Regarding those who are not eligible to be elected as representatives to the People's Assembly: -

- The following persons shall not be eligible to be elected as representatives to the People's Assembly

(a) who is convicted by a court for a certain crime and is currently serving prison term,

(b) who was convicted by the authority either prior to this Constitution come into force or after, for breaking the integrity of the representative to the People's Assembly and the term of the sentence banning him/her from being a candidate to the People's Assembly, has not expired.

(c) who, by the relevant law id categorized as insane

(d) who has not yet released as bankrupt as declared by the relevant court,

(e) who is a loyal subject of a foreign government, or who is under the influence of a foreign government or who is the citizen of a foreign country,

(f) who is a beneficiary to privileges entitled for a subject under a foreign government or citizen of a foreign country,

(g) who directly or indirectly receives and uses money, land, house, building, vehicle, property and et cetera of a foreign country, or religious organization or other organizations or is a member of an organization who receive such support,

(h) who for political matters uses religion, speaks or gives a speech or issues a statement, to give votes or not to give votes or who encourages such thins to be done or is a member of an organization that does such thins,

(i) religious servant,

(j) state's servant,

Exception – the tern shall not relates to military personnel who are assembly's representatives,

(k) who directly or indirectly receives or uses state's money, land house, building, vehicle, property and et cetera or is a member of an organization who receives and uses such thins,

Exceptions- (1) The term state's money does not include pension salary, expenses, salary expenses and money awarded legally for good service to the country,

(2) The term state's land, house, building, vehicle, property does not include the use of state's land, house, building and room, other building and room, state's airplane, train, ship, car use by the allowance of a certain law or allowed by the state to use while on duty or hired with money.

(l) who has been barred from being a candidate for election for misconduct damaging the qualification of a representative to the People's Assembly during election or failed to carry out according to the election law, either prior to this Constitution came into force or after, who sentence has not expired yet.

34. Regarding the qualification of military personnel representatives to the People's Assembly: -

- The military personnel whose names are submitted by the military defense headquarters according to law, shall have the qualifications standardized for the representatives to the People's Assembly.

35. Regarding the standardizing the qualifications of representatives to the National Assembly; the representatives to the National Assembly-

(a) shall have attained the age of 30 years.

(b) shall have the same qualifications as laid down for the representatives to the People's Assembly except the age limitation,

(c) shall also be subjected to the provisions for those who are not eligible to be elected as representatives to the People's Assembly.

36. Regarding the qualification of military personnel representatives to the National Assembly: -

- The military personnel whose names are submitted by the military defense headquarters according to law, shall have the qualifications standardized for the representatives to the National Assembly.

37. Regarding the standardizing the qualifications of representatives to the Region or State Assembly, the representatives to the Region or State Assembly;

(a) shall have the qualifications standardized for representatives to the People's Assembly,

(b) shall also be subjected to the provisions for not being eligible as representatives to the People's Assembly.

38. Regarding the qualifications of military personnel representatives to the Region or State Assembly: -

- The military personnel whose names are submitted by the military defense headquarters according to law for the Region or State Assembly, shall have the qualifications standardized for the representatives to the Region or State Assembly.

DETAILED BASIC PRINCIPLES FOR THE EXECUTIVE

1. Regarding the formation of the Union Government: -

(a) The head of the state's executive is the State President.

(b) (1) The state's executive power is disseminated to the Union, the regions and the states.

(2) The self administration power as provided by the Constitution is disseminated to the autonomous territories.

(c) In the country, the Union Government is formed with the following persons:

(1) State President,

(2) Deputy President,

(3) Union Ministers,

(4) Union Attorney General.

(d) The State President, with the agreement of the Union Congress,

(1) may decide the Union ministries as necessary; and may change the designated ministries or add to them,

(2) may decide the number of Union Ministers as necessary; and may add or reduce the designated numbers.

(e) The Union Ministers shall have the under mentioned qualifications: -

(1) who have attained the age of 40 years,

(2) who have the qualifications of representatives to the People's Assembly except the age requirement,

(3) who are loyal to the state and the citizens.

2. Regarding the appointment and entrusting of responsibilities to the Union Ministers: -

(a) For the Union President to appoint and entrust responsibilities to the Union Ministers;

(1) shall select appropriate persons whether from among the representatives to the assembly or non assembly representatives who have the standardized qualifications,

(2) shall receive the names of appropriate military personnel from the military defense chief for the defense, security/home affairs, border affairs ministries,

(3) shall consult with military defense chief where military personnel are to be appointed as Union Ministers in ministries other than defense, security/home affairs, or border affairs.

(b) The State President shall put together the list of names he/she has chosen with those of the military personnel received form the military defense chief and submit them to the Union congress to get its agreement.

(c) The Union Congress shall not have the rights to reject the person whose name the State President has submitted to be appointed as a Union Minister unless concrete evidence can be presented that he/she does not have the qualification of a Union Minister.

(d) The State President has the right to resubmit a new name for the person that did not receive the agreement of the Union congress to be appointed and entrusted with the responsibilities of a Union Minister.

(e) The State President shall appoint and entrust responsibilities to the persons appointment, the State President shall allocate each Union Minister the ministry or ministries that he/she is responsible for.

(f) The State President shall inform the Union Congress any time he/she appoints and entrusts responsibilities to Union Ministers.

(g) The Union Ministers shall be responsible for the State President.

3. Regarding the appointment of and the entrusting of responsibilities to deputy ministers: -

(a) The State President may appoint persons with the following qualifications fro among representatives to the assembly or non assembly representatives to assist the Union Ministers:

(1) who have attained the age of 35 years,

(2) who have the qualifications of representatives to the People Assembly except,

(3) who are loyal to the state and the citizens.

(b) The State President, in the appointment of deputy ministers, if it is to appoint deputy ministers to defense, security/home affairs and border affairs ministries, shall receive a list of appropriate military personnel from the military defense chief.

(c) If the State President wishes to appoint military personnel as deputy ministers in ministries besides the defense, security/home affairs and border affairs ministries, he/she shall consult with the military defense chief.

(d) The State President, in appointing the deputy ministers, shall allocate the ministry he/she will be responsible for.

(e) The deputy ministers shall be responsible for the relevant Union Minister, or, through the relevant Union Minister, shall be responsible for the State President.

4. Regarding the accusation and blaming of a Union Minister;

(a) Any Union Minister may be accused and blamed for any of the following matters: -

(1) committing high treason,

(2) breaking any of the provisions of the Constitution,

(3) misconduct,

(4) is not qualified according to the standards in the Constitution set for a Union Minister.

(b) If and accusation and blaming of a Union Minister is required, it shall be done according to provisions in the Constitution on the impeachment of the State President or vice president.

(c) However, if the accusation and blaming of a Union Minister proves to be true, and if the Congress investigation decides and reports that he/she is no longer appropriate to continue in the Union Minister position, the State President shall terminate the accused and blamed Union Minister from duty.

(d) If the Congress investigation decides that the accusation and blaming is not true, the relevant Congress chairman shall report to the State President on the decision.

5. Regarding the term, resignation, release from duty, filling vacancy of Union Ministers and Deputy Ministers: -

(a) The term of the Union Ministers and Deputy Ministers normally is the same as that of the State President.

(b) The Union Minister or Deputy Minister, if, before the end of the term, wishes to resign from his/her office at his/ her own will, shall submit in writing of the desire to the State President and can resign from the office.

(c) The State President;

(1) may give directive to any Union Minister or Deputy Minister to resign if he/ she is not able to fulfill the responsibilities entrusted to him/her. If he/ she hoes not obey as the directive he/ she shall be released from duty.

(2) shall consult with the military defense chief in the case where a military personnel Union Minister or Deputy Minister is to resign or th be released from duty.

(d) The State President may appoint a new Union Minister or Deputy Minister according to provisions in the Constitution on appointment on Union Minister or Deputy Minister, when a vacancy occurs either due to the resignation or release from duty or death or because of some other reason of a Union Minister or Deputy Minister. The term of the thus appointed Union Minister or Deputy Minister shall be the remaining period of the term of the State President only.

(e) If the Union Minister or Deputy Minister is a representative to any assembly, he/she shall be considered as already resigned as representative to the assembly on the day he/she is appointed the Union Minister or Deputy Minister.

(f) (1) If the Union Minister or Deputy Minister is a state employee, he/she shall be considered as having been pensioned as a state employee according to existing employee law from the day he/she is appointed as the Union Minister or Deputy Minister.

(2) The military personnel appointed as Union Ministers or Deputy Ministers in the defense, security/home affairs and border affairs ministries are not required to take a pension or the resign from the military.

(g) If the Union Minister or the Deputy Minister is a member of any political party, he/ she shall not be involved in the functions of that political party from the day he/she is appointed Union Minister or Deputy Minister and during his/ her term of duty.

(h) (1) If the State President who appointed the Union Ministers and Deputy Ministers resigns, dies or because of a reason the State President's office becomes vacant before the term, the Union Ministers and Deputy Ministers shall continue to fulfill their duties until the substituted elected new State President has appointed the new Union Ministers and Deputy Ministers.

(2) The term of the substituted new Union Ministers and Deputy Ministers shall be till the end of the remaining term of the new State President only.

(i) The responsibilities, powers and rights of the Union Minister and Deputy Ministers shall be enacted by law.

6. Regarding the terminology on Attorney General: -

- Shall be addressed as Union Attorney General.

7. Regarding the appointment of and entrusting responsibilities to the Union Attorney General: -

(a) The State President shall appoint and entrust responsibilities, with the agreement of the Union Congress, a person as Union Attorney General, who has the under mentioned qualifications, from among the representatives to the assembly, or non representative to the assembly, to get advice on legal matters and to entrust him/ her with responsibilities relating to legal matters.

(1) who has attained the age of 45 years,

(2) who has the qualifications standardize for representatives to the People's Assembly other than the age requirement,

(3) (aa) who has served a minimum five years as a Region or State Assembly's Judge, or

(bb) who has served a minimum ten years as a judiciary officer or legal officer having a status not lower than Region or State, or,

(cc) who has served as an advocate for a minimum of twenty years, or,

(dd) who is regarded by the State President as a person who is a famous legal academic.

(4) who is loyal to the country and the citizens.

(b) The Union Congress shall not have the right to reject the person whose name is submitted by the State President as the Union Attorney General unless concrete evidence can be presented that he/she does not have the qualifications standardized for the Union Attorney General.

(c) The State President shall have the right to resubmit a new name to the Union Congress in the place of the person who does not receive the agreement of the Union Congress as the Union Attorney General.

(d) The Union Attorney General is a member of the Union Government.

(e) The Union Attorney General shall be responsible for the State President.

8. Regarding the accusation and blaming of the Union Attorney General: -

(a) The Union Attorney General may be accused for any of the following matters;

(1) commits high treason.

(2) breaks one of the provisions in the Constitution,

(3) misconduct,

(4) is not qualified according to the standardizing in the Constitution for the qualification of the Union Attorney General.

(b) If the accusation of the Union Attorney General is required, it shall be done according to provisions in the Constitution on the impeachment of the State President or vice president.

(c) However, if the accusation on the Union Attorney General proves to be true, and if the Congress investigation decides and reports that he/she is no more appropriate to continue in the Union Attorney General office, the State President shall terminate the Union Attorney General from duty.

(d) If the Congress investigation decides that the accusation is not true, the relevant Congress shall report to the State President on the decision.

9. Regarding the appointment of Deputy Attorney General: -

(a) The State president shall appoint, at his/her own will, a Deputy Attorney General who has the following qualification from among the representatives to the assembly or non assembly representatives to assist the Union Attorney General.

(1) who has attained the age of 40 years.

(2) who has the qualification standardize for the representatives to the People's Assembly except the age requirement,

(3) (aa) who has served a minimum five years as Region or State Assembly judge, or,

(bb) who has served a minimum ten years as judiciary officer or legal officer having the status not lower than Region or State, or,

(cc) who as served as an advocate for a minimum of fifteen years, or,

(dd) who is regarded by the State president as a person who is a famous legal academic.

(4) who is loyal to the country and the citizens.

(b) The Deputy Attorney General shall be responsible for the Union Attorney General, and, through the Union Attorney General, be responsible for the State President as well.

10. Regarding the term, resignation, release from duty, filling vacancy of the Union Attorney General and the Deputy Attorney General: -

(a) The term of the Union Attorney Generally and Deputy Attorney General normally is the same as that of the State President.

(b) The Union Attorney General or the deputy Attorney General, if, before the end of the term, wishes to resign from his/ her office, shall submit in writing of the desire to the State President and can resign from the office.

(c) The State President can give directive to the Union Attorney General or the Deputy Attorney General who is not enable to fulfill the responsibilities entrusted to him/her to resign from office. If he/she does not act according to the directive he/she shall be terminated from duty.

(d) When the office of the Union Attorney General or Deputy Attorney General becomes vacant due resignation, release from duty, death or any other reason the State President may appoint a new Union Attorney General or Deputy Attorney General according to the provisions of the Constitution on the appointment of Union Attorney General or Deputy Attorney General. The term of the thus appointed Union Attorney General or Deputy Attorney General shall be for the remaining term of the State president only.

(e) If the Union Attorney General or Deputy Attorney General is a representative to any assembly, he/she shall already be considered as resigned as representative to that assembly on the day he/she is appointed as the Union Attorney General or Deputy Attorney General.

(f) If the Union Attorney General or Deputy Attorney General is a state employee, he/she shall be considered as having pensioned as state employee according to existing employee law from the day he/she is appointed Union Attorney General or Deputy Attorney General.

(g) If the Union Attorney General or Deputy Attorney General is a member of any political party, he/she shall not be involved in the functions of that political party from the day he/she is appointed Union Attorney General or Deputy attorney General and during his/her term of duty.

(h) (1) If the State President who appointed the Union Attorney General or Deputy Attorney General resigns or dies or for a reason the State President's office becomes vacant before the end of his/her term, the substituted elected new State President may continue to appoint them or may appoint new Union Attorney General and Deputy Attorney General according to the provisions in the Constitution. Of such new appointments take place the Union Attorney General and Deputy Attorney may be asked to continue in office until the new Union Attorney General and Deputy Attorney General are appointed.

(2) The term of the new appointed Union Attorney General and Deputy Attorney General shall be till the end of the remaining term of the new State President only.

(i) The responsibilities, powers and rights of the Union Attorney General and the Deputy Attorney General shall be enacted by law.

11. Regarding the designation of the status of the Union Attorney General and Deputy Attorney General: -

- For reference in the enactment of law to the responsibilities, powers, and rights of the Union Attorney General and Deputy Attorney General, the Union Attorney General is designated the status of Union Minister. The Deputy Attorney General a Deputy Minister.

12. Regarding the terminology of the Union Auditor General: -

- Shall be addressed as the Union Auditor General.

13. Regarding the appointment of the Union Auditor General: -

(a) The State President, shall appoint, with the agreement of the Union Congress, a person, as the Union Auditor General, who have the following qualifications, from among the representatives to the assembly, or non representative to the assembly, to examine the state's budgets and to be able to submit them to the People's Assembly and the National Assembly:

(1) who has attained the age of 45 years,

(2) who has the qualifications standardized for representatives to the People's Assembly other than the age requirement,

(3) (aa) who has served a minimum ten years in a position that is not lower than the Region or State audit officer, or,

(bb) has served a minimum 20 years as Registered Auditor or People's Auditor with certificate, or.

(cc) who is regarded by the State President as a person who is a famous auditor, accountant or economist.

(4) who is loyal to the country and the citizens.

(b) The Union Congress shall not have the right to deny the person whose name is submitted by the State President as the Union Auditor General unless concrete evidence can be presented that he/she does not have the qualifications standardized for the Union Auditor General.

(c) The State President shall have the right to resubmit a new name to the Union Congress in the place of the person who doest not receive the agreement of the Union Congress as the Union Auditor General.

(d) The Union Auditor General shall be responsible for the State President.

14. Regarding the accusation of the Union Auditor General: -

(a) The Union Auditor General may be accused for any one of the following matters;

(1) commits high treason,

(2) breaks any provision in the Constitution,

(3) misconduct,

(4) is not qualified according to the standardizing in the Constitution of the qualification of the Union Auditor General.

(b) If the accusation of the Union Auditor General is required, it shall be done according to provisions in the Constitution on the impeachment of the State President or vice president.

(c) However, if the accusation on the Union Auditor General proves to be true, and if the Congress investigation decides and reports that he/she is no more appropriate to continue in the Union Auditor General office, the State President shall terminate the Union Auditor General from duty.

(d) If the Congress investigation decides that the accusation is not true, the relevant Congress shall report to the State President on the decision.

15. Regarding the appointment of Deputy Auditor General: -

(a) The State President shall appoint at his/her own will, a Deputy Auditor General who has the following qualifications from among the representatives to the assembly or non assembly representative to assist the Union Auditor General;

(1) who has attained the age of forty years,

(2) who has the qualifications standardized for the representatives to the People's Assembly except the age requirement,

(3) (aa) who has served a minimum 10 years in a position that is not lower than the Region or State audit officer, or,

(bb) who has served a minimum 15 years as Registered Auditor or People's Auditor with certificate, or,

(cc) who is regarded by the State President as a person who is a famous auditor, accountant or economist.

(4) who is loyal to the country and the citizens.

(b) The Deputy Auditor General shall be responsible for the Union Attorney General and, though the Union Auditor General, be responsible for the State President as well.

16. Regarding the term, resignation, release from duty, filling vacancy of the Union Auditor General and Deputy Auditor General: -

(a) The term of the Union Auditor General and Deputy Auditor General normally is the same as that of the State President.

(b) The Union Auditor General or the Deputy Auditor General, if, before the end of the term, for a reason wishes to resign fro his/he office, shall submit in writing, of the desire and can resign from the office.

(c) The State President can give directive to the Union Auditor General or the Deputy Auditor General who is not able to fulfill the responsibilities entrusted to him/her to resign from office. If he/she does not act according to the directive, he/she shall be terminated from the duty.

(d) When the office of the Union Auditor General of Deputy Auditor General becomes vacant due to resignation, release from duty, death or any other reason, the State President may appoint a new Union Auditor General or Deputy Auditor General according to the provisions of the Constitution on the appointment of Union Auditor General or Deputy Auditor General. The term of the thus appointed Union Auditor General or Deputy Auditor General shall be for the remaining term of the State President only.

(e) If the Union Auditor General or the Deputy Auditor General is a representative to and assembly, he/she shall already be considered as resigned as representative to that assembly on the day he/she is appointed as the Union Auditor General or Deputy Auditor General.

(f) If the Union Auditor General or the Deputy Auditor General is a state employee according to existing labor law from the day he/she is appointed as the Union Auditor General or Deputy Auditor General.

(g) If the Union Auditor General or Deputy Auditor General is a member of any political party, he/she shall not be involved in the functions of that political party from the day he/she is appointed as the Union Auditor General or Deputy Auditor General and during his/ her term of duty.

(h) (1) If the State President who appointed the Union Auditor Genera and the Deputy Auditor General resigns, or dies or for a reason the State President's office becomes vacant before the term, the substituted elected new State President may continue to give them responsibilities. Or may appoint new Union Auditor General and Deputy Auditor General according to the provisions in the constitution. If such new appointments take place, the Union Auditor General and Deputy Auditor General may be asked to continue to take their responsibilities until the new Union Auditor General and Deputy Auditor General are appointed.

(2) The term of the substituted new Union Auditor General and Deputy Auditor General shall be till the remaining term of the new State President only.

(i) The responsibilities, powers and rights of the Union Auditor General and Deputy Auditor General shall be enacted by law.

17. Regarding the designation of the status of the Union Auditor General and the Deputy Auditor General: -

- For reference in the enactment of law to the responsibilities, powers and rights of the Union Auditor General and Deputy Auditor General, the Union Auditor General is designated the status of Union Minister. The Deputy Auditor General the status of Deputy Minister.

18. Regarding the formation of Union (?) Secretariat; -

(a) The State President shall form the Union Secretariat to serve the responsibilities of selecting and training of state employees, set down responsibilities and rules and regulations for state employees.

(b) The State President shall appoint and give responsibilities to persons with the following qualifications as chairman and members of the Union Secretariat: -

(1) who has attained the age of 50 years,

(2) who have the qualifications standardized for representatives to the People's Assembly other than age requirement,

(3) experienced intellectuals and academics,

(4) who are loyal to the country and the citizens,

(5) who are not members of political parties,

(6) who are not representatives to the assembly.

(c) The chairman of the Union Secretariat shall be responsible to the State President, and members of the Union Secretariat shall be responsible to the chairman of the Union Secretariat and through hem/her to the State President.

(d) The term of the chairman and members of the Union Secretariat normally is the same as that of the State President.

(e) The formation of the Union Secretariat, responsibilities, powers, rights, resignation, release from duty, of the chairman and the members shall be enacted by law.

19. Regarding the designation of the status of the chairman of the Union Secretariat; -

- For reference in the enactment of law on the responsibilities, powers and rights of the chairman of the Union Secretariat, the chairman of the Union Secretariat is designated the status of Union Minister.

20. Regarding terminology for Region or State chief and members of Region or State Government: -

(a) The chief of the Region or State shall be called as Chief Minister of the Region or State.

(b) Members of the Region or State Government shall be called as Minister of the Region or State.

21. Regarding the formation of Region or State Government and appointment of and giving responsibilities to Region or State Chief Minister; -

(a) The respective Region Government is formed in every region, the respective State Government is formed in every state.

(b) The Region or State Government is formed with the following persons;

(1) Region or State Chief Minister,

(2) Region or State Ministers,

(3) Region or State Legal Chief.

(c) The State President, with the agreement of the respective Region or State Assembly;

(1) can designate Region or State ministries as necessary. Besides, he/she can make changes or add to the designated ministries,

(2) can designate the numbers of Region or State ministers as necessary. Besides he/she can add or reduce the numbers.

(d) The Region or State Chief Minister and Ministers shall have the following qualifications;

(1) have attained the age of 35 years,

(2) have the qualifications standardized for the representatives to the Region or State Assembly except the age requirement,

(3) loyal to the country and the citizens.

(e) For the State President to appoint and give responsibilities to the Region or State Chief Minister;

(1) shall choose from among the representatives of the respective Region or State assembly and appropriate representative having the standardized qualification,

(2) shall send the name of the representative to the assembly to the relevant Region or State Assembly and get the agreement.

(f) The State president shall appoint and entrusted responsibilities to the representative to the assembly for whom the agreement has been achieved fro the Region or State Assembly as the Chief Minister of the respective Region or State.

(g) The Region or State Assembly shall not have the right to reject the person whose name the State President has submitted as Chief minister unless concrete evidence can be presented that he/she does not have the qualifications standardized for Region or State Chief Minister.

(h) The State President shall have the right to resubmit a new name to the Region or State Assembly in place of the person who doe not receive the agreement of the Region or State Assembly as Region or State Chief Minister.

22. Regarding the appointment of and entrusting of power to Region or State Ministers: -

(a) The Region or State Chief Minister, the appoint and entrust power to the Region or State Minister,

(1) shall select appropriate persons from among the representatives to the respective Region or State assembly or from non representatives who have the qualifications as standardized.

(2) shall request for the name of appropriate military personnel from the military defense chief to be able to give responsibilities on security and border affairs,

(3) shall get from the Autonomous Division Administration or Autonomous Territory Administration with the respective Region or State the names list of their chairman.

(4) shall get from the respective election commission the names of representatives elected to serve on the affairs of the ethnic nationals in the respective Region or State.

(b) The Region or State Chief Minister shall compile together the names of the persons he/she selected and the names of military personnel he/she received from the military defense chief and submit them to the Region or state Assembly for agreement.

(c) The Region or State Assembly not have to the right to reject the persons whose names have been submitted by the Region or State Chief Minister as Region or State Ministers unless concrete evidence can be given that he/she does not possess the qualifications standardized for Region or State Ministers.

(d) The Region or State Chief Minister has the right to resubmit a new name list to the respective Region or State Assembly in the place of the person who does not receive the agreement of the Region or State Assembly to be appointed and entrusted responsibilities as Region or State Minister.

(e) The Region or State Chief Minister shall submit the names list of the persons that received the agreement of the Region or State Assembly and the Chairman of the Autonomous Division or Autonomous Territory and elected representatives for ethnic affairs to the State President for appointment and entrusting responsibilities as Region or state Ministers.

(f) The State President shall appoint and entrust responsibilities to the persons whose names are submitted by the Region or State Chief Minister as Region or State Ministers of the respective Region or State. In thus appointing and entrusting the responsibilities, the State President, in consultation with the Region or State Chief Minister, allocate each Region or State Minister the ministry or ministries he/she is responsible for.

(g) The State President-

(1) shall entrust to the Chairman of Autonomous Division and Chairman of Autonomous Territory, who are Region or State Ministers, the responsibilities of the affairs of the respective autonomous division or autonomous territory.

(2) shall entrust to the representatives elected to serve the affairs of the ethnic nationals, who are Region or State Ministers, the responsibilities to serve the respective ethnic nationals.

(h) In the appointment and entrusting responsibilities of the respective Chairman of the Autonomous Division or Autonomous Territory or respective representative elected to serve the affairs of the ethnic nationals as Region or State Minister, the State President can be lenient in the consideration of the age as standardized in the Constitution.

(i) The State President, may in consultation with the Chief Minister, entrust responsibilities to the Autonomous Division or Autonomous Territory or Ethnic affairs Ministers also concurrently take responsibilities of other ministries.

(j) The Region or State Chief Minister, if, bedsides, the security and border affairs responsibilities, wishes to appoint and entrust responsibilities to military personnel as ministers in the Region or State other ministries, he/she/ shall request for the names list from the military defense chief and receive the agreement of the Region or State Assembly on the name list and submit them to the State President.

(k) The State President shall notify the respective Region or State Assembly as will as the Union Congress of the Appointment and the entrusting of power to the Region or State Chief Minister and ministers.

(l) (1) The Region or State Chief Minister shall be responsible for the State President.

(2) The Region or State Ministers shall be responsible for the respective Region or State Chief Minister a swell as through the respective Region or State Chief Minister for the State President.

(m) The term of the Region or State Chief Minister and ministers is normally the same as that of the State President.

23. Regarding the accusation and blaming of Region or State Chief Minister or any minister: -

(a) The Region or State Chief Minister or any minister may be accused and blamed on any of the following matters;

(1) commits high treason,

(2) breaks any provision in the Constitution,

(3) misconduct,

(4) lack the qualifications as standardized by the Constitution for the Region or State Chief Minister and ministers.

(b) If the Region or State Chief Minister or any minister is to be accused and blamed for any of the above mentioned matters, a minimum of one fourth of the respective representatives to the Region or State Assembly shall sign their names and submit their accusation to the respective assembly Chairman.

(c) The respective Assembly Chairman shall form an investigation body and investigate the accusation. Shall also designate the period to complete the investigation taking into account the bulk of the investigation work.

(d) When investigation on the accusation is done the accused Region or State Chief Minister or minister shall be given the right of defense either personally or through representative.

(e) (1) When the investigation body makes its report on the findings of the accusation and blaming made on a Region or State Chief Minister or a minister by the respective Region or State Assembly, the Assembly Chairman Shall submit it to the respective Region or State Assembly. If a minimum two thirds of the respective assembly representatives decide that the accusation and blaming is true and that the accused is no more appropriate to be allowed to continue serving as the Region or state Chief Minister or minister, the chairman shall convey the decision to the State President.

(2) The State President, on receiving the report, shall terminate in office the accused and blamed Region or State Chief Minister or Minister.

(3) If the respective assembly decides that the accusation and blaming is not true, the Assembly Chairman shall inform the State President that such decision is made.

24. Regarding the resignation, released from responsibilities, filing of vacancy of a Region or State Chief Minister or a minister; -

(a) A Region or State Chief Minister or a minister, if, before the end of his/her term wishes to resign for a reason, may submit in writing to the State President on the wish to resign, and may resign from office.

(b) The State President;

(1) may give directive to the Region or State Chief Minister or a minister who is not fulfilling his/her responsibilities well, to resign. If the directive is not followed, shall terminate from responsibilities.

(2) If the resignation or termination from responsibilities concerns a military personnel who is Region or State Minister, it shall be done in consultation with the military defense chief.

(c) If, because of resignation or termination from responsibilities or death or any other reason the office of Region or State Chief Minister or a ministry becomes vacant, the State President may, according to the provisions of the Constitution on the appointment and entrusting responsibilities to the Region or State Chief Minister or ministers, make an appointment to fill the vacant office. The term of the thus appointed person shall be for the remaining term of the state President only.

(d) (1) If the Region or State Minister is a state employee, he/she shall be considered as having been pensioned as a state employee according to existing employee law from the day he/she is appointed as Region or State Minister.

(2) The military personnel who are appointed ministers in the Region or State Government's Security and Border affairs Ministries do not need to be pensioned or to resign from the military.

(e) The responsibilities, powers and rights of the Region or State Chief Minister or ministers shall be enacted by law.

25. Regarding the designation of the status of the Region or State Chief Minister and ministers: -

- For reference in the enactment of law in relating to the responsibilities, powers and rights of the Region or State Chief Minister and ministers, the Region or State Chief Minister is designated the status of Union Minister. The Region or State Minister is designated the status of Deputy Minister.

26. Regarding the chief of the Region or State General Administration Department: -

- The chief of the Region or State General Administration Department is according to position the secretary of the respective Region or State Government. Besides, the Region or State General Administration Department is also the secretariat of the Region or State Government.

27. Regarding the terminology of the Region or State Attorney General: -

- Shall be called the Region or State Lawyer General.

28. Regarding the appointment and entrusting of responsibilities of the Region or State Lawyer General: -

(a) The Region or State Chief Minister, for getting legal advice and entrusting responsibilities of law, shall get the agreement of eh respective the Region or State Assembly and submit to the State President a person, having the following qualifications from among the representatives to the Region or State Assembly or from non assembly representative, to be appointed and entrusted responsibilities as Region or State Lawyer General;

(1) who has attained the age of 40 years,

(2) who has the qualifications standardized for representative to the Region or State Assembly except the are requirement,

(3) (aa) who has served in a position that is not lower than the Region or State judiciary officer or legal officer for a minimum of five years or who has served in a position no lower than district judiciary officer of legal officer position a minimum ten years, or,

(bb) if he/she is an advocate has worked as an advocate for a minimum 15 years.

(4) who is loyal to the country and the citizens.

(b) The State President shall appoint and entrust responsibilities to the person who has been submitted for the entrusting of the Region or State Lawyer General responsibilities by the respective Region or State Chief Minister, with the agreement of the respective Region or State Assembly, as Region or State Lawyer General.

(c) The respective Region or State Assembly shall not have the right to reject the person whose name has been submitted by the respective Region or State Chief Minister as Region or state Lawyer general unless concrete evidence can be given that he/she does not have the qualifications standardized for Region or State Lawyer General.

(d) The Region or State Chief Minister has the right to resubmit the new name to the respective Region or State Assembly in the place of the person who does not receive the agreement of the Region or state Assembly as the Region or State Lawyer General.

(e) The Region or State Lawyer General is a member of the government of the respective Region or State Government.

(f) The Region or State Lawyer General shall be responsible, through the respective Region or State Chief Minister, for the State President, or, for the Union Attorney General, or for the respective Region or State Chief Minister.

(g) If a matter arises for the suing of the Region or State Lawyer General, it shall be done in accordance to provisions of the Constitution for the suing of the Region or State Chief Minister or any minister.

(h) The Provisions of the Constitution regarding to the resignation, termination of responsibilities, appointments to fill vacant positions, in the case of state employee being considered as already pension ed provided for the Region or State Chief Minister ad other ministers shall also apply for the Region or State Lawyer General.

(i) The responsibilities, powers and rights of the Region or State Lawyer General shall be enacted by law.

29. Regarding the designation of the status of the Region or State Lawyer General: -

- For reference when enacting the responsibilities, powers and rights of the Region or State Lawyer General, the Status of the Region or State Lawyer General is designated as Region or State Minister.

30. Regarding the terminology of the Region or State Auditor General: -

- Shall be called Region or State Auditor General.

31. Regarding the appointment and entrusting of responsibilities of Region or State Auditor General: -

(a) To examine the Region or State Budgets for submitting to the respective Region or State Assembly, the Region or State Chief Minister shall, for appointing and entrusting responsibilities as Region or State Auditor General, with the agreement of the respective Region or State Assembly, submit to the State President, from among representatives to the assembly or non assembly representative, a person having the under mentioned qualifications;

(1) who has attained the age of 40 years,

(2) who has the qualifications standardized for Region or State representatives except the age requirement,

(3) (aa) who has served in a position that is no lower than a Region or State audit officer for at lest 5 years, or in a position not lower than district audit officer at leas 10 years, or,

(bb) who has served as registered cashier or authorized people's cashier at least 15 years.

(b) The State President shall appoint and entrust responsibilities to the person submitted of the entrusting of the responsibilities of the region or State Auditor General, with the agreement of the respective Region or state Assembly, by the respective Region or state Chief Minister, as Region or State Auditor General.

(c) The respective Region or State Assembly shall not have the right to reject the person whose name has been submitted by the respective Region or State Chief Minister as Region or State Auditor General unless concrete evidence can be given that he/she does not have the qualifications standardized for Region or State Auditor General.

(d) The Region or State Chief Minister has the right to resubmit the new name to the respective Region or State Assembly in the place of the person who does not receive the agreement of the Region or State Assembly as the Region or State Auditor General.

(e) The Region or State Auditor General shall, through the respective Region or State Chief Minister, be responsible for the State President, or the Union Auditor General or the respective Region or state Chief Minister.

(f) If a matter arises for the accusation and blaming of the Region or State Auditor General, it shall be done in accordance with provisions of the Constitution for the accusation and blaming of the Region or State Chief Minister or any minister.

(g) The provisions of the Constitution regarding the resignation, termination of responsibilities, appointment to fill vacancy, in the case of state employee being considered as already resigned from state service , provided for the Region or State Chief Minister and other ministers shall also apply for the Region or State Auditor General.

(h) The responsibilities, powers and rights of the Region or state Auditor General shall be enacted by law.

32. Regarding the designation of the status of the Region or state Auditor General: -

_ For reference in the enactment of law on responsibilities, powers and rights of the Region or State Auditor General, the Region or State Auditor Genera id designated the status of Region or State Minister.

33. Regarding the terminology of autonomous division or autonomous territory administration body: -

- The administration body of the autonomous division or autonomous territory shall be addressed as the Autonomous Division Leading Body or Autonomous Territory Leading Body.

34. Regarding the formation of Autonomous Division Leading Body and Autonomous Territory Leading Body: -

(a) The autonomous division and the autonomous territory, being self rule units, are equal in status.

(b) In the autonomous divisions and autonomous territories, the Autonomous Division Leading Body and the Autonomous Territory Leading Body are formed respectively. These leading bodies also practice the legislation power entrusted to them by the Constitution.

(c) The Autonomous Division Leading Body or the Autonomous Territory Leading Body shall have a minimum of 10 members.

(d) The Autonomous Division Leading Body or the Autonomous territory Leading Body shall be formed with the following persons;

(1) Region or State Assembly representatives elected from the townships that are in the autonomous division or autonomous territory.

(2) The military personnel representatives whose names are submitted according to law by the military defense chief for the purpose of giving the security responsibility or border affairs responsibility,

(3) Representatives selected by persons mentioned in subparagraphs (1) and (2).

(e) Members of the Autonomous Division Leading Body or Autonomous Territory Leading Body mentioned in paragraph (d) subparagraphs (1) and (2) of above shall consult amongst themselves and select an appropriate person as chairman of the autonomous division or autonomous territory from among the assembly representatives elected from the townships in the autonomous division or autonomous territory. The name of the person thus selected shall be submitted to the State President through the Region or State Chief Minister.

(f) The State President shall appoint and entrusted responsibilities to the person whose name is submitted as the chairman of the respective autonomous division or autonomous territory.

(g) The chairman of the autonomous division or autonomous territory is by position the Region or state Minister. Therefore, provisions for Region or State Ministers shall, with the exception of appointment procedure, also apply to the chairman of the autonomous division or chairman of the autonomous territory.

(h) The respective chairman of the autonomous division or autonomous territory and members of the leading body,

(1) shall select an ethnic each as representative in the Autonomous Division Leading Body or Autonomous Territory Leading Body from among the ethnic nationals living in the autonomous division or autonomous territory, besides the ethnic nationals that already have an autonomous division or autonomous territory, having reasonable number of at least 10,000 and above as designated by appropriate authority. The thus selected leading body members shall have the qualification standardized for Region or State Assembly representatives.

(2) If the number of members to the Autonomous Division Leading Body or the Autonomous Territory Leading Body has not reached 10 persons, to make up the minimum 10 members, the needed number of the members shall be selected and appointed at their own free will from among appropriate residents of the autonomous division or autonomous territory who have the qualifications standardized for representatives to the Region or State Assembly.

(i) The military defense chief may as necessary fill up the military personnel whose number in the Autonomous Division Leading Body or Autonomous Territory Leading Body is at least one fourths the total number for the leading body members.

(j) The military personnel whose names the military defense chief submits according to law for entrusting responsibilities as members of the Autonomous Division or Autonomous Territory Leading Body shall have the qualifications of the representatives of the Region or State Assembly.

(k) (1) the respective Autonomous Division Leading Body Chairman or Autonomous Territory Leading Body Chairman shall announce the names list of the members of the Autonomous Division Leading Body or Autonomous Territory Leading Body.

(2) The Autonomous Division or Autonomous Territory Leading Body Chairman shall be responsible for the respective Region or State Chief Minster, and through the respective chief minister be responsible for the State President.

(3) The members of the Autonomous Division or Autonomous Territory Leading Body shall be responsible for their chairman.

(4) The designation of the term, disciplinary action, resignation, termination from responsibilities, filling of vacancies of the chairman and members of the Autonomous Division or Autonomous Territory Leading body shall be enacted by law.

(l) The responsibilities, powers and rights of the Autonomous Division or Autonomous Territory chairman and members of the leading body shall be enacted by law.

(m) The respective chief of the general administration department of the autonomous division or autonomous territory, shall, also be the secretariat of the respective Autonomous Division or Autonomous Territory Leading Body.

(n) Among the principles that are to be based on that was laid down at the national assembly plenary meeting, regarding the principles laid down on legislation and administration paragraph (1) subparagraph (5) which reads," matters mentioned in the above paragraph (d), sub paragraphs (5) and (6), paragraph (g) sub paragraph (5) and this paragraph sub paragraphs (5) and (6), paragraph (g) sub paragraph (5) and this paragraph sub paragraph (4) are to be done by the formation of commissions by the state" shall instead be read, "matters mentioned in the above paragraph (d) sub paragraphs (5) and (6), paragraph 9g) sub paragraph (5) and this paragraph sub paragraph (4) shall be done by the National Assembly at the same time."

35. Regarding the administration of Rangoon City which is the Union Territory: -

(a) Rangoon City, which is the Union territory, include all the districts and townships that are in the municipality at the time this Constitution comes into force.

(b) The State President can, as necessary, re-designate the districts and townships in Rangoon City, which is the Union Territory.

(c) The State President,

(1) shall establish Yangon city Council,

(2) shall appoint and entrusted responsibilities to persons having the standardized qualifications as Yangon City Council chairman and council members,

(3) shall receive the name or names of military personnel having the qualifications as designated by the military defense chief as council member or members for entrusting responsibilities for the collation of security matters for Rangoon City which is the Union territory.

(4) can designated according to law, the number of members, including the chairman, for the Yangon City Council, as necessary.

(d) The Yangon City Council chairman and members shall have the following qualifications;

(1) who has attained the age of 35 years,

(2) who has the qualifications standardized for representatives to the People's Assembly besides the age requirement,

(3) who also has other qualifications as designated by the State President.

(e) The Yangon City Council Chairman shall be responsible for the State President and the council members shall be responsible for the Yangon City Council Chairman, and, through the Yangon City Council Chairman, shall also be responsible for the State President.

(f) Regarding the term, resignation, termination from responsibilities and the filling of vacancies of the Yangon City Council Chairman and council members;

(1) The term of the chairman and members of the Yangon City Council is normally the same as the term of the State President.

(2) If the chairman or any council members of the Yangon City Council wishes, for a reason to resign from office before the end of his/her term, he/she shall in writing inform the State President and may resign.

(3) The State President,

(aa) may give directive to the Yangon City Council Chairman or any member who is not able to fulfill his/her responsibilities, to resign. If he/she does not comply to the directive, he/she shall be terminated from responsibilities.

(bb) shall consult with the military defense chief if it concerns the resignation or termination of responsibilities of a military personnel in Yangon City Council.

(4) If, because of resignation, or termination from responsibilities or death or any other reason the office of the Yangon City Council Chairman or that of a council member becomes vacant, the State President may, according to provisions in the Constitution on the appointment of and entrusting responsibilities to the Yangon City Council Chairman and council members, appoint and entrust responsibilities to a new Yangon City Council Chairman or new council member. The term for the thus appointed and responsibilities entrusted new Yangon City Council Chairman or new council member shall be the remaining term of the State President only.

(g) If the Yangon City Council Chairman or any council member is a representative to any assembly, he/she shall be considered as having already resigned as a representative to the assembly from the day he/she is appointed the Yangon City Council Chairman or council member.

(h) If the Yangon City Council Chairman or any council member is a state employee, he/she shall be considered as already retired or resigned as state employee according to existing employee law on the day he/she is appointed as Yangon City Council Chairman or council member.

(i) The military personnel that have been appointed as Yangon City Council Member or Members to collate the security matters of Yangon City shall not be required to retire or resign from the military.

(j) If the Yangon City Council Chairman or any council member is a member of a political party he/she shall not participate in teh activities of that political party from the day he/she is appointed as and entrusted with the responsibilities of Yangon City Council Chairman or council member and through out his/her term in that office.

(k) The formation of the Yangon City Council, the responsibilities, powers and rights of the Yangon City Council Chairman and council members shall be enacted by law.

(l) The chief of the Yangon City Council General Administration Department is, by position, the secretary of the Yangon City Council. The Yangon City Council General Administration Department is the secretariat of the Yangon City Council.

36. Regarding the designation of the status of the Yangon City Council Chairman and council members: -

- For reference in the enactment of law on the responsibilities, powers and rights of the Yangon City Council Chairman and council members, the Yangon City Council Chairman is designated the status of a Union Minister.

37. Regarding the administration of Coco Island which is the Union Territory: -

- The administration of Coco Island Township, which is the Union territory, shall be incorporated with the administration of Yangon City, which is the Union territory.

38. Regarding the administration at district and township levels: -

- The administration at district and township levels shall be entrusted with the state employees.

39. Regarding the administration of quarter or village tract level: -

- For quarter or village tract administration a person respected by the local inhabitants and having good integrity shall be appointed and entrusted with responsibilities according to law.

THE HEAD OF STATE

Responsibilities, powers and rights of the State President and Vice Presidents

1. The State President and Vice Presidents shall practice the responsibilities and powers entrusted by the Constitution and other laws.

2. The State President and Vice Presidents shall not accept any other salaries, expensed or financed office.

3. The State President and Vice Presidents shall prepare the list of their common family owned land, houses, buildings, businesses, money saved, other properties along with the price and submit it to the Union Congress Chief.

4. The State President and Vice Presidents shall receive the salary, expenses and decoration as designated by law. They shall also receive an appropriate residence each.

5. The State President and Vice Presidents, unless being prosecuted and terminated from responsibilities, shall at their retirement on the completion of their responsibilities, received pension and appropriate support.

Prosecution of the State President and Vice Presidents

1. The State President or any of the Vice President may be prosecuted for any of the following matters: -

(a) commits high treason,

(b) breaks the provisions in the Constitution,

(c) misconduct,

(d) lacks the qualification of the State President or Vice Presidents as standardized in the Constitution.

2. If prosecution against the State President and Vice Presidents is to be made, at least one fourths of the total number of representatives to one of the two constituents of the Union Congress shall sign their names and submit their prosecution to the respective Assembly Chief.

3. The prosecution shall proceed only at the support of at least two thirds the total number of the representatives of that assembly.

4. If an assembly supports the prosecution, the other assembly shall investigate that prosecution or shall form a body to investigate it.

5. At the time of the investigation the State President and Vice Presidents shall have the right to defend himself/herself personally or through representative.

6. At the completion of the investigation of the prosecution, if at least two thirds of the total number of the representatives of the assembly that investigate the prosecution or authorize the investigation decides that the prosecution is true and that it is no more appropriate for the State President and Vice Presidents to continue in office, that assembly shall submit to the chief of the Union Congress for the termination in office of the State President and Vice Presidents.

7. The chief of the Union Congress shall, as soon as he/she receives the submission, shall promulgate the termination in office of the State President and Vice Presidents or Vice President.

Regarding the vacancy of the State President and Vice President's office before the completion of their term due to resignation, or death or permanently unable to do responsibilities or any other reason: -

1. If the State President and any Vice President wishes to resign before the completion of his/her term at his/her own will, he/she shall be allowed to resign.

2. If the State President resigns before the end of his term, or dies, or becomes permanently unable to carry on his/her responsibilities, or for any other reason the office of the State President becomes vacant, of the two Vice Presidents, the Vice President that received the Second highest votes at the time of the election of the State President, shall serve as Temporary State President.

3. If the time of the vacancy of the State President's office is when the Union Congress is in session, the Temporary State President shall urgently notify the chief of the Union Congress for the Union Congress to be able to elect the State President within seven days.

4. The chief of the Union Congress, shall, on receiving the notification from the Temporary State President, arrange that the group of representatives to the respective assembly that had at the beginning elected the State President as Vice President, to elect a Vice President.

5. Following that respective assembly group of representatives has elected a Vice President, the presidential election body, consisting all the representatives to the Union Congress, shall elect the State President of their choice from among the three Vice Presidents.

6. If it is not during the Session of the Union Congress, on receiving the notification from the Temporary State President, shall in 21 days convene the Union Congress and elect the State President according to the above procedures.

7. If any of the Vice Presidents resign before the end of his/her term, or dies, or becomes permanently unable to carry on his/her responsibilities, or for any reason the Vice President's office becomes vacant, if it is during the session of the Union Congress, the State President shall urgently notify the chief of the Union Congress for the body of representatives to assembly that had elected that Vice President shall in seven days elect a Vice President.

8. If the Union Congress is not in session, the chief of the Union Congress shall in 21 days from receiving the notification from the State President, convenes the Union Congress for the respective body of the representatives to the assembly be able to elect a Vice President according to the standardized procedures.

The principles that must be based upon in the chapter on The State

(1) Burma is a sovereign independent state.

(2) The state will be called the Union Republic of Burma.

(3) The state is the country where various ethnic nationalities collectively live together.

(4) The sovereignty of the state emanates from the citizens and abides through out the country.

(5) The state's borders that include the earth, water and air are those that exist at the time when the Constitution come into force.

The principles that must be based upon the chapter on The Formation of the State: -

(1) The state is established on the Union system.

(2) The state is divided and demarcated with the following seven regions, seven states and union territories;

- Kachin State

- Kayah State

- Karen State

- Chin State

- Sagaing Region

- Tennasarrine Region

- Pegu Region

- Mergui Region

- Mandalay Region

- Mon State

- Arakan State

- Rangoon Region

- Shan State

- Irrawaddy Region

- Union territories.

(3) The respective regions and states are equal in status.

(4) If the name of a region or a state is desired to be changed, the referendum shall be taken among the eligible voting citizens of that region or state, and shall be changed by the enactment of law.

(5) The regions, states, union territories, autonomous units that are in the country, shall never break away from the State.

(6) In the uniting of the State,

- villages shall be grouped together as village tract, and,

- quarters shall be grouped together as city or township, and,

- village tracts and quarters or cities shall be grouped together as township, and,

- townships shall be grouped together as district, and,

- districts shall be grouped together as region or state, and,

- in the autonomous territory, the townships in that territory shall be grouped together as autonomous territory,

- in the autonomous division, the townships in the division shall be grouped together as district, and the districts shall be grouped together as autonomous division,]

- if in a region or a state there is autonomous division or autonomous territory, the autonomous division, autonomous territory and districts shall be grouped together as region or state, and,

- the regions, states and union territories shall be grouped together a the country.

(7) Regarding the changing of the country's border;

(a) If it becomes necessary to change the border of the country, the State President shall firstly notify the chief of the Union Congress to get the opinion of the Union Congress on the changing of border of the country.

(b) When the chief of the Union Congress receives from the State President on the changing of the country's border, the chief of the Union Congress, shall get the opinion of the representatives to the assembly as follows;

(1) the supporting votes of half and above of the representatives of the assembly elected with equal numbers from the regions and states,

(2) the supporting votes of half and above of the representatives of the assembly elected on population basis.

(3) the supporting votes of half and above of the representatives of both assemblies from the region or state whose border is affected.

(c) If the respective supporting votes are achieved as above, the chief of the Union Congress shall inform the State President to change the border as necessary.

(d) If according to the above standardized procedures, any assembly, or representatives of the involved region or state of both assemblies, decides not to agree with the change of border, the opinion of the Union congress shall be obtained. If two thirds or over of the total representatives support, the chief of the Union congress shall inform the State President for changing border of the country as necessary.

(e) On receiving the opinion on the Union Congress, the State President shall do as necessary in regarding to the alteration on the border.

(f) Regarding the alteration of the border of a region or state;

(a) If occasion arises that the border of a region or state be altered, the opinion of the electorates of the affected township shall firstly be taken.

(c) When such opinion is being searched, and if over half of the supportive votes of the eligible electorates can not be achieved, the alteration of the border shall definitely be not made.

(d) If three fourths and above of the total representatives to the region or state assembly support votes are achieved, the State President shall obtain the agreement of the Union Congress and alter the border of a region or state.

(e) If the affected region or state assembly decides that it does not agree with the alteration of the border, the decision of the Union Congress must be obtained.

(f) If two thirds or above of the total representatives of the Union Congress vote in support of the necessary to change the border, the State President shall alter the border of a region or state as necessary.

(g) If occasion arises that village, village tract, quarter, city township or district within a region, state, autonomous division, or autonomous territory needs to be alter, to be form or to change name, the respective region or state administration authority, shall recommend to the State President, and the State President shall do as necessary.

(10) If the name of an autonomous division or autonomous territory is desired to be changed, it shall be done with the same procedure for the changing of the name of a region or a state.

(11) Regarding the designation of Union Territories;

(a) Rangoon, which is the capital of the country, is designated as Union Territory under the direct administration of the State President.

(b) Coco Island Township, which under a unique situation, is designated as Union Territory under the direct administration of the State President.

(c) In relation to the country's defense, security, administration, economic and etc. territories of unique situation, if it is necessary to designate as Union territory, it can be designated as Union Territory under the direct administration of the State President by the enactment of law.

Principles to be based upon in relation to the chapter on "The Head of State"

(1). The head of state is the State President.

(2). The State President represents the country.

(3). The State Presidents receives the highest position among all the citizens through out the Union of Burma.

(4). Regarding the qualification of the State President and the Vice Presidents;

(a) The State President shall be a person loyal to the country and the citizens.

(b) The State President himself and both parents are Burmese citizens of ethnic national who were born in the jurisdiction of the country.

(c) The person that is elected as the State President shall have attained the minimum age of 45 years.

(d) The State President shall have vision on national affairs such as politics, administration, economics, military, and others.

(e) The State President shall be a person who has settled down in the country continuously for a minimum 20 years at the time of being elected the State President.

(f) The State President shall not, himself, or any of his/her parents, or his/her wife or husband, or any legal child, or the wife or husband of any of the legal child, be the loyal subject to any foreign government or a person under the influence of a foreign government or citizen of an alien country. Those people shall not be beneficiaries of privileges and loyalties enjoyed by persons under the influence of a foreign government or citizens of an alien country.

(g) The State President shall have, besides the qualifications standardized for eligibility for assembly election, the special qualifications standardized for the State President.

(h) The Vice Presidents shall have the qualification standardized for the State President.

(5). Regarding the election of the State President and Vice Presidents: -

(a) The State President shall be elected by the Presidential Election Body.

(b) The Presidential Election Body shall be formed with three groups with representatives to the assembly as follows;

(1) The group of elected representatives to the assembly from the assembly where representatives for the regions and states are elected in equal numbers.

(2) The group of elected representatives to the assembly from the assembly where representatives are elected on population basis,

(3) The group of military personnel representatives to the assembly whose names the military defense chief has submitted as the military personnel representatives to the assembly in the above mentioned two assemblies.

(c) Each group shall elect a Vice president each from either among the representatives to the assembly or non assembly representatives.

(d) A body that comprises of chiefs and deputy chiefs of the Union congress and the two assemblies in the Union Congress, the National Assembly and People's Assembly shall scrutinize whether the Vice Presidents have the qualifications standardized for the State President.

(e) The Presidential Election Body that includes all the representatives to the Union congress shall vote from among the three Vice President who are candidates for State President, a Vice President of their choice as the State President.

(f) Law that will enable to elect the State President as such shall be enacted.

(6). Regarding the term in office of the State President or Vice president or Vice presidents: -

(a) the term of office of the State President or Vice President is five years.

(b) The State President and vice Presidents shall continue to serve their responsibilities until the election of a new State president at the completion of their term in office.

(c) The State President and Vice Presidents shall not be in office for more than two terms.

(d) The serving of the responsibilities as the State President or Vice President as interim shall not be regarded as a term.'

(e) If for a certain reason the office of the State President or Vice president becomes vacant and the vacancy is filled by substitute election, the term of office of that new State President or Vice President shall be till the end of the remaining term of the original term of office only.

(7). The State President or Vice Presidents are representatives to an assembly, or are state employees, they shall be considered as resigned or retired on the day they are elected State President or Vice Presidents.

(8). If the State President or Vice Presidents are representatives to an assembly, or are state employees, they shall be considered as resigned or retired on the day they are elected State President or Vice Presidents.

(9) If the State President or Vice Presidents are members of a political party, they shall not take part in the activities of that political party from the day they are elected the State President or Vice President and through out their term in office.

(10) The swearing in of the State President and Vice Presidents shall include:

(a) to be loyal to the Union Republic of Burma and the citizens,

(b) to always dedicate in serving the disintegration of the Union, disintegration of the unity among the ethnic nationals, maintenance of sovereignty.

(c) to abide by the Constitution and will also obey and practice the country's laws,

(d) to do his/her responsibilities with honesty and in uttermost capability,

(e) to promote the natural laws of justice, freedom and equality in the Union Republic of Burma,

(f) to solemnly proclaim and swear that for the benefit of the Union Republic of Burma he/she will sacrifice his/her life for the country.

(11) The State President and Vice Presidents shall practice the responsibilities and powers entrusted by the Constitution and other laws.

(12) The State President and Vice Presidents shall not accept any other office that receives salary, expenses and money.

(13) The State President and Vice Presidents shall submit to the chief of the Union Congress the list of their common family owned land, houses, buildings businesses, money saved, other valuable properties with price, headed by him/her.

(14) The State President and Vice Presidents shall receive the standardized salary, expenses and decorations. They shall also receive a decent house each.

(15) The State President and Vice Presidents, except from being prosecuted and terminated from office, shall receive reasonable pension salary and support on retirement at the completion of responsibilities.

(16) Regarding the procedures for the prosecution of the State President or a Vice President: -

(a) The President or a Vice President may be Prosecuted on any of the following matters;

(1) commits high treason,

(2) breaks provisions in the Constitution,

(3) misconduct,

(4) lacks the qualification standardized for the State President or Vide President by the Constitution.

DETAILED BASIC PRINCIPLES FOR THE JUDICIARY

1. Regarding the distribution of the State's judicial power.

The State judiciary power is distributed among:

(a) The supreme Court of the Union, the High Court of the Regions, High Court of the States, the Court of the Self Administered Divisions, the Court of the Self Administered Zones, the District Court, the Township Court, other court established according to the law, and Justices appointed according to the law as in the Constitution or other law, and

(b) Martial Court established according to the Constitution or other laws, and

(c) A Constitutional Tribunal.

2. Regarding the formation of the Supreme Court of the Union.

(a) One Supreme Court of the Union is kept in the country. The Supreme Court of the Union, without prejudice to the Constitutional Tribunal and the Martial court, is the Union's highest Court.

(b) (1) The Chief of the Union Supreme Court shall be called the "Chief Justice of the Union",

(b) (2) A minimum of seven and a maximum of eleven Judges of the Supreme Court of the Union, including the Chief Justice of the Union, may be appointed,

(c) (1) The State President shall submit to and get the agreement of the Union Congress of the name of a person suitable for the appointment as the Chief Justice of the Union.

(c) (2) The Union congress shall not have the right to reject the person whose name the State President nominated as the Chief Justice of the Union unless concrete evidence can be given that the person does not have the qualifications of the Chief Justice of the Union as set down in the constitution.

(c) (3) The State President shall have power to resubmit a new name in place of the person rejected by the Union Congress as the Chief Justice f the Union.

(c) (4) The State President shall appoint the person approved by the Union Congress as the Chief Justice of the Union.

(d) (1) The State President, in consultation with the Chief Justice of the Union, shall submit to and get the approval of the Supreme court of the Union.

(d) (2) The Union Congress shall not have the right to reject the persons whose names the State President has nominated as Judges of the Supreme Court of the Union unless concrete evidence can be given that the persons do not have the qualifications of Judges of the Supreme court of the Union as set down by the Constitution.

(d) (3) The State President shall have power to resubmit a new name in place of the person rejected by the Union Congress as the Judges of the Supreme Court of the Union.

(d) (4) The State President shall appoint the persons approved by the Union Congress as the Judges of the Supreme Court of the Union.

3. Regarding the qualifications of the Chief Justice of the Union and the Judges of the Supreme Court of the Union.

The Chief Justice of the Union and the Judges of the Supreme Court of the Union shall have the following qualifications:

(a) who is not younger than 50 years and not older than 70 years,

(b) who, with the exception of the provision on age, has the qualifications set down for representatives to the Peoples Assembly,

(c) (1) who has served a minimum of five years as a Region or State High Court Judge, or

(c) (2) who has served a minimum of ten years as a Judicial officer or law officer in an office that has a status that is not lower than the Region or State level, or

(c) (3) who has worked a minimum of 20 years as an advocate, or

(c) (4) who is regarded by the State President as a famous and dignified law intellectual

(d) who is loyal to the country and the citizens

(e) who is not a member of a political party

(f) who is not a representative to the assembly

4. Regarding the empowering to the State President

(a) The State President may prosecute the Chief Justice of the Union or a Judge of the Supreme Court of the Union on any of the following matters:

(a) (1) commits high treason

(a) (2) breaks any provision of the constitution

(a) (3) commits an act of gross misconduct

(a) (4) fails to have the qualifications of the Chief Justice of the Union or as a Judge of the Supreme Court of the Union as laid down by the constitution.

(b) If the State President desires to prosecute the Chief Justice of the Union or a Judge of the Supreme Court of the Union, he/she shall submit his/her prosecution to the Patron of Union Congress.

(c) The Patron of the Union Congress shall form an investigation body and direct it to conduct an investigation according to the law.

(d) Equal numbers of representatives from the People's Assembly and the National Assembly shall be included in the body. A suitable person from among these representatives shall be entrusted with the responsibilities of the chairman of the investigation body.

(e) A time period shall also be designated taking into account the magnitude of the investigation.

(f) The State President, may either in person or through a representative, witness the prosecution before the investigation body. He/She also has the right to persent evidence and witnesses.

(g) The defendant shall be granted the right to defend himself/herself in person or through a representative during the investigation period.

(h) When the investigation body presents its findings, the patron of the Union Congress shall submit it to the Union Congress.

(i) If two-thirds of the total number of the assembly's representatives decides that the prosecutions true and that the person is no longer suitable to continue as the Chief Justice of the Union or Judge of the Supreme Court of the Union, the Patron of the Union Congress shall notify the State President on the resolution.

(j) On such notification the State President shall end the term in office of the Chief Justice of the Union or the Judge of the Supreme Court of the Union.

(k) If the Union Congress decides that the allegation is not true, the Patron of the Union Congress shall notify the State President of the resolution.

5. Regarding the prosecution against the Chief Justice of the Union or any Judges of the Supreme Court of the Union.

(a) The Chief Justice of the Union or a judge of the Supreme Court of the Union may be prosecuted for any of the following matters:

(a) (1) commits high treason

(a) (2) breaks any provision of the Constitution

(a) (3)commits and act gross misconduct

(a) (4) fails to have the qualifications of the Chief Justice of the Union or as a Judge of the Supreme Court of the Union as laid down by the constitution.

(b) When it is desired to prosecute the Chief Justice of the Union or a Judge of the Supreme Court of the Union it shall be done so in accordance with the constitution.

(c) If the investigating assembly decides that the prosecution against the Chief Justice of the Union or a Judge of the Supreme Court of the Union is true and that the person is no longer suitable to continue in office, the State President shall terminate the term in office of the Chief Justice of the Union or Judge of the Supreme court of the Union.

(d) If the investigating assembly decides that the allegation is not true, the respective assembly chairman shall notify the State President of the resolution.

6. Regarding the term in office of the Chief Justice of the Union and the Judges of the Supreme Court of the Union.

The Chief Justice of the Union or a Judge of the Supreme Court of the Union may, unless any of the following matters occur, be in office until the attainment of the age of 70 years:

(a) resign from office at his/her own will,

(b) being prosecuted according to provisions in the constitution and terminated in office,

(c) is detected by a medical body established according to the law that he/she is permanently deranged either physically or mentally and is pronounced incapable of continuing in office,

(d) dies.

7. Regarding the independence of the Chief Justice of the Union and the Judges of the Supreme Court of the Union from party politics and retiring from State employee service.

(a) The Chief Justice of the Union and the Judges of the Supreme Court of the Union shall be independent from party politics.

(b) If the Chief Justice if the Union or a Judge of the Supreme Court of the Union are a State employee, he/she shall be regarded as pensioned according to the existing employee's rules and regulations from the day he/she is appointed the Chief Justice of the Union or a Judge of the Supreme Court of the Union.

8. Regarding the responsibilities, powers and rights of the Chief Justice of the Union and the Judges of the Supreme Court of the Union.

The responsibilities, powers and rights of the Chief Justice of the Union and the Judges of the Supreme Court of the Union shall be enacted by law.

9. Regarding the status of the Chief Justice of the Union and the Judges of the Supreme Court of the Union.

For reference on the enactment of law on the responsibilities, powers and rights of the Chief Justice of the Union and the Judges of the Supreme Court of the Union, the status of the Chief Justice if designated as the vice president. The Judges of the Supreme Court of the Union are designated the status of Union Ministers.

10. Regarding the formation of a High Court of the Region or State.

(a) A High Court of the Region id kept for every Region or the High Court of the State shall be called the Chief Justice of the High Court of the Region or the Chief Justice of the High Court of the State.

(b) (1) The chief of the High Court of the Region or the High Court of the State shall be called the Chief Justice of the High Court of the Region or the Chief Justice of the State.

(b) (2) A minimum of three and a maximum of seven Judges of the High Court of the Region or Judges of the High Court of the State including the Chief Justice of the High Court of the Region or the Chief Justice of the High Court of the State, may be appointed in the High Court of the Region or the High Court of the State.

(c) (1) The State President in consultation with the Chief Justice of the Union and the respective Chief Minister of the Region or State, shall prepare the list of names of persons to be appointed as the respective Chief Justice of the High Court of the Region or the Chief Justice of the High Court of the State and submit it to the respective Region or State, and the respective Chief Minister of the Region or State, in consultation with the Chief Justice of the Union shall prepare the list of names of persons to be appointed as the respective Judges of the High Court of the Region or the State and submit it to the respective Region or State assembly

(c) (2) The respective Region or State assembly shall not have the right to reject the person whose name the State President, in consultation with the Chief Justice of the Union and the Respective Chief Minister of the Region or State, nominated as the Chief Justice of the High Court of the Region or State, nor the persons whose names the respective Chief Minister of the Region or State, in consultation with the Chief Justice of the Union, nominated as the respective Judges of the High court of the persons does/do not have the qualifications of Chief Justice of the High Court of the Region or State or Judges of High Court of the Region or State as set down by the constitution.

(c) (3) A new name can be submitted according to procedure in place of persons rejected as in sub-paragraph (2)

(c) (4) The State President shall appoint the persons approved by the respective Region or State assembly as the respective Chief Justice of the High Court of the Region or State and Judges of High Court of the Region or State.

11. Regarding the qualifications of the Chief Justice of the High Courts of the Regions or sates and Judges of High Courts of the Region or States.

The Chief Justices of the High Courts of the Regions or State and judges of the High Courts of the Region or States shall have the following qualifications:

(a) who is not younger than 45 years and not older than 65 years,

(b) who, with the exception of the provision on age, has the qualifications set down for the representatives to the Region or State Assembly,

(c) (1) who had served at least five years as a judicial officer or law officer at a level not lower than Region or State or at least ten years as a judicial officer or law officer an office that has a status that is not lower than district, or

(c) (2) who has worded a minimum of 15 years as an advocate, or

(c) (3) who is regarded by the State President as famous and dignified law intellectual

(d) who is loyal to the country and the citizens

(e) who is not a member of a political party

(f) who is not an assembly member

12. Regarding the empowering to the State President and the Chief Minister of the Region or State

(a) The State president may prosecute the Chief Justice of a High Court of a Region or State and the Chief Minister of the Region or State may prosecute any of the respective Judges of the High Court of the Region or State on any of the following matters:

(a) (1) commits high treason

(a) (2) breaks any provision of the Constitution

(a) (3) commits an act of gross misconduct

(a) (4) fails to have the qualifications of the Chief Justice of the High court of the Region or State or as a Judge of the High Court of the Region or State as laid down by the constitution.

(b) If the State President desires to prosecute the Chief Justice of a High Court of a Region or State or the Chief Minister of the Region or State desires to prosecute any of the respective Judges of the High Court of the Region or State, he/she shall submit his/her prosecution to the Chairman of the Region or State Assembly.

(c) The Chairman of the Region or State Assembly shall form an investigation body and direct it to conduct an investigation according to the law.

(d) The investigation body is to be formed with representatives to the Region or State assembly. A suitable person from among the members shall be entrusted with the responsibilities of the chairman of the investigation body.

(e) A time period shall also be designated taking into account the magnitude of the investigation.

(f) The State President or respective Chief Minister of the Region or State may either in person or through a representative, witness the prosecution before the investigation body. He/She also has the right to present evidence and witnesses.

(g) The defendant shall be granted the right to defend himself/herself in person or through a representative during the investigation period.

(h) When the investigation body presents its findings, the chairman of the Region or State assembly shall submit it to the Region or State assembly.

(i) If two-thirds of the total number of the assembly's representatives decides that the Prosecution is true and that the person is no longer suitable to continue as the Chief Justice of the High Court of the Region or State or as a Judge of the High Court of the Region or State, the Chief Justice of the High Court of the Region or State or as a Judge of the High Court of the Region or State, shall submit the decision to the state President on the resolution, or if is for the Judge of the High Court of the Region or State, shall submit the decision thus made to the respective Chief Minister of the Region or State. The Chief Minister of the Region nor State on receiving such report shall forward it to the State President.

(j) On receiving such submissions the State President shall end the term in office of the Chief Justice of the High Court of the Region or State or as a Judge of the High Court of the Region or State.

(k) If the Region or State assembly decides that the allegation is not correct, the Chairman of the Region or State assembly shall inform such decision, in the case of the Chief Justice of the High court of the Region or State, to the State President, and in the case of a Judge of the High Court of the Region or State, to the respective Chief Minister of the Region or State.

13. Regarding the prosecution against the Chief Justice of the High court of the Region or State or a Judge of the High Court of the Region or State.

(a) The Chief Justice of the High Court of the Region or State or a Judge of the High Court of the Region or State may be prosecuted for any of the following matters;

(a) (1) commits high treason

(a) (2) breaks any provision of the Constitution

(a) (3) commits an act of gross misconduct

(a) (4)fails to have the qualifications of the Chief Justice of the High Court of the Region or State or as a Judge of the High Court of the Region or State as laid down by the constitution.

(b) If it is desired to prosecute the Chief Justice of the High Court of the Region or State or as a Judge of the High Court of the Region or State a minimum of one-fourth of the total number of the representation of the relevant Region or State Assembly shall sign their names and submit their prosecution to the respective chairman of the Region or State Assembly.

(c) The concerned chairman of the Region or Stat Assembly shall form as inquiry body and investigate the allegation. A time limit for the investigation shall also be designated taking into account the magnitude of the investigation required.

(d) While during the investigation the accused shall be allowed to present a defense either personally or through a representative.

(e) When the inquiry body of the prosecution against the Chief Justice of the High Court of the Region or State or as a Judge of the High Court of the Region or State, by the respective Region or State Assembly, presents its finding, the Assembly Chairman shall submit it to the respective Region or State Assembly of two-thirds of the total number of representatives to the respective assembly decides that the allegations is true and it is no longer appropriate for the persons to continue in the office the Chief Justice of the High Court of the Region or State or as a Judge of the High Court of the Region or State, the Chairman of the assembly shall submit such decision if it is the Chief Justice of the High Court of the Region or State, shall submit the decision to the State president on the resolution, or if is for the Judge of the of the High Court of the Region or State, shall submit the decision thus made to the respective Chief Minister of the Region or State. The Chief Minister of the Region or State shall forward it to the State President.

(f) On receiving such submissions the State President shall end the term in office of the Chief Justice of the High Court of the Region or State or as a Judge of e High Court of the Region or State.

(g) If the Region or State assembly decides that the allegation is not correct, the Chairman of the Region or State assembly shall inform such decision, in the case of the Chief Justice of the High Court of the Region or State, to the State President, and in the case of a Judge of the high Court of the Region or State, to the respective Chief Minister of the Region or State.

14. Regarding the term in office of the Chief Justice of the High Court of the Region or State or as a Judge of High Court of the Region or State.

The Chief Justice of the High Court of the Region or State or as a Judge of the High Court of the Region or State may, unless any of the following matters occur, be in office until the attainment of the age of 65 years:

(a) resign from office at his/her own will;

(b) being prosecuted according to provisions in the constitution and terminated in office

(c) is detected by a medical body established according to the law that he/she ids permanently deranged either physically or mentally and is pronounced incapable of continuing in offices,

(d) dies

15. Regarding the independence of Chief Justice of the High Court of the Region or State and the Judges of the High Court of the Region or State from party politics and retiring from State employee service.

(a) The Chief Justice of the High Court of the Region or State or as a Judge of the High Court of the Region or State shall be independent from party politics.

(b) If the Chief Justice of the High Court of the Region or State or as a Judge of the High Court of the Region or State are a State employee, he/she shall be regarded as pension ed according to the existing employee's rules and regulations from the day he/she is appointed the Chief Justice of the High Court of the Region or State or as a Judge of the High Court of the Region or State.

16. Regarding the responsibilities, powers and rights of the Chief Justice of the High Court of the Region or State or as a judge of the High court of the Region or State.

The responsibilities, powers and rights of the Chief Justice of the High Court of the Region or State or as a Judge of the High Court of the Region or State shall be enacted by law.

17. Regarding the status of the Chief Justice of the High Court of the Region or State or as a Judge of the High Court of the Region or State.

For reference on the enactment on law on the responsibilities, powers and rights of the Chief Justice of the High Court of the Region or State or as a Judge of the High Court of the Region or State, the status of the Chief Justice is Designated as a Union Minister. The Judges of the Supreme Court of the Union are designated the status of deputy Ministers.

18. Regarding the formation of sub-ordinate Courts under the High Court of the Region or State.

Under the High court of the Region or State, the various levels of Courts are formed as follows:

(a) If there is no self-administered territories in the Region or State:

(a) (1) District Courts

(a) (2) Township Courts

(b) If there are self-administered territories in the Region or State:

(b) (1) In the Self-administered Divisions:

(b) (1) (aa) Court of the Self Administered Division

(b) (1) (bb) Township Courts

(b) (2) In the Self-Administered Zone

(b) (2) (aa) Court of the Self-administered Zone

(b) (2) (bb) Township Courts

(b) (3) In the remaining Region:

(b) (3) (aa) District Courts

(b) (3) (bb) Township Courts

(c) In the Union Territory:

(c) (1) Distinct Courts

(c) (20 Township Courts

(d) Other Courts established according to the law

19. Regarding the appointment of Judges, empowering them with judicial rights. The laying down of their responsibilities, powers and rights, organizing the staff in those Courts and laying down the responsibilities, powers and rights.

(a) The appointment of Judges, empowering them with judicial rights. The laying down of their responsibilities, powers and rights to the sub-ordinate Courts of the High Court of the Region or State shall be according to law.

(b) The formation of employees associations including the offices employees and other levels of employees of the Supreme Court of the Union, High Courts of the Region or State and other Courts, and the laying down of responsibilities, powers and rights shall be according to the law.

The State Constitutions

The Constitution of Chinland

PREAMBLE

Considering the many conspicuous similarities of the various dialectal and cultural groups of the Chin people, which make us closer to each other than the people outside our common frontiers, the technical differences we have, which some people might try to emphasize are outweighed by the similarities we have in our common society,

Contemplating the fact that the different dialectal groups or tribes of the Chins, when the modern communication is improved in our region, will have more and more contact each other leading to greater mutual intelligibility of the different dialects and dialect groupings of Chin society, we can thus increase our sense of oneness as the same,

In giving deep respect to the fact that we should not lose the sense of brotherhood in our common similar affinities we have with all the people who fall under the definition of Chin in the Chin Hills Regulation 1896, which is still in force in the Naga Hills of Sagaing Division in the Union of Burma, the definition of the term Chin being still the same as it was in in the Chin Hills Regulation 1896, and it has also been accepted in the Chin Special Division Act 1948 through the Chin representatives in the Union of Burma,

Deliberating that the ever closer relations, we, the Chin people of different dialectal groups or tribes have, can be seen in the fact that what was once thought to be fundamental differences in our different dialects and cultures have been now discovered as the minor differences we have in our traditions to suit our different environments accepting them as verities of tradition and fashions and as the richness of our literature and culture,

Considering that it is this idea which should be enshrined together with democracy and self-determination in the constitution of Chinland, (as a constituent unit of Federal Union of Burma), to guide us in freedom to carry out the task towards the ever prosperity and development of Chinland and its population,

Paying heed to the proposition that the reason our forefathers once worshiped the hills and dales was not only that they believed in spirits in them, but also that they have in remote regions of their consciousness that they are our protector from the invasion of their outside world, from the invasion of the alien peoples, in deeply rooted devotion to protect and develop our heritage land and society forever,

Seeing clearly that we should now adopt a political means by which we can develop our distinct national identity, and as our hills and dales of our heritage, which have preserved our distinct national identity to this modern age as a people, are no longer enough of a barrier to keep out the undesirable influences and invasions of all kinds,

We, the people of Chinland, exercising our inherent sovereignty, do hereby establish this constitution of Chinland and with this constitution, affirm our common wish to live together in peace and harmony, to preserve the heritage of the past, and to protect the promise of the future.

To make one nation out of the many dialectal and cultural groups of the Chin people living in many hills and dales of our past heritage, we respect the affinities we have in the diversity of our dialects and cultures. The many diversities of dialects and cultures enrich us. The many hills and dales of our common heritage bring us together; they do no longer separate us. Our heritage of hills and dales sustain us, our highland nation enlarges us and makes us stronger.

Our ancestors, who made their homes on these highlands, displaced no other people. We, who remain, wish no other home than this. Having known war in the past, we hope for peace. Having been divided, we wish for unity. Having been ruled, we seek freedom.

Our Chinland remained independent in itself, free from outside force since time immemorial until British annexation in the nineteenth century.

We extend to all nations what we seek from each: peace, friendship, cooperation, and love in our common humanity. With this constitution, we, who have been the wards of other nations, become the proud guardian of our highland country, now and forever.

We are one. As a people, in our language, in our traditions, and in our common habitation and love of this highland, we are one.

We are rich. In the bounty and beauty of our highland and its scenic features, and in our family and communal life, we are rich.

We are proud. In our way of life, which in essence has survived the assaults of colonizers and the ravages of time, and in the wisdom of our aged people and the vigor of our youth, we are proud.

We are strong. In our faith in our communal ability for compromise and flexible growth, and in our emerging democratic institutions, we are strong.

We are concerned. In our common appreciation that our traditions, our highland and its natural resources with flora and fauna in it, and our communal spirit will be tested as we together forge a new higher destiny, we are concerned.

To confirm our oneness, to preserve our natural riches, to renew our pride, to fortify our strength, to meet our concerns, to guard our aspirations, and to enable our determinations, we the people of Chinland, give life to and establish this constitution.

(OR)

We the people of Chins solemnly declare that in order to establish justice, ensure tranquility, provide for our mutual defense, promote our common welfare, and secure liberty to ourselves, do hereby exercise our fundamental freedom and self-determination rights and do ordain the Constitution of Chinland as supreme law of our land and peoples.

CHAPTER (I)
THE CHINLAND AND ITS TERRITORY

1. The territories inhabited by the Chin peoples shall be proclaimed, as Chinland. Chinland shall include or comprise:

1. Falam District
2. Haka District
3. Kanpelet District
4. Matupi District
5. Mindat District
6. Paletwa District
7. Thantlang District
8. Tiddim District
9. Tonzan District and
10. (To be determined by the Chinland Legislative Assembly according to Article 2, 3, 4, and 5 of this Constitution).

2. Each dialectal group not less than 10,000 in population in a joint area of village tracts with a certain wide enough area to be determined by law may form a district or township if the majority of the dialectical group concerned express their desire to form it.

3. The Chinland Legislative Assembly may by law form a new District or Township by separation of territory from any District or Township or by uniting two or more Districts or Townships or parts of Districts or Township or by uniting any territory to a part of any District or Township.

4. The State Legislative Assembly may by law:

1). increase or diminish the area of any District or alter the boundaries or the name of any District.
2). form a district of sub districts or townships and a sub district or township may be formed of village tracts and villages.
3). pass the formation of authority and power of a district, sub district or township, village tract and village,
4). enacted that each district, sub district or township, village tract and village has fundamental right of democracy to form and run their respective local administrations in conformity with the State and Union constitution to enable to collect revenues from its citizens for its development projects and other administrative purposes if and when their own representatives decide to do so.
5. All power and authority of the Chinland, its constituent parts and organs of Government, are derived from the Chin people.

CHAPTER (II)
CITIZENSHIP AND NATIONALITY

6. The Chin Citizen and National shall be:

1). Every person both of whose parents or belonged to any of the Chin tribes;
2). Every person, born in any of territories included within the Chinland, at least one of whose grandparents belong or belonged to any of the Chin tribes shall be a Chin national.

CHAPTER (III)
FUNDAMENTAL RIGHTS

7. All Chin peoples irrespective of birth, religion, gender, races or status are equal before the law. There shall be no arbitrary discrimination among Chin peoples.

8. There shall be equality of opportunity for all Chin peoples in matters of public employment and in the exercise of carrying on of any occupation, trade, business or profession.

9. Any propagation of national, racial, and religious hatred or discord is contrary to the Constitution of Chinland and punishable by law.

10. All Chin peoples have the right:

1. To express freely their conviction and opinion, thought, belief, and conscience, in speech, in writing, publication in the press or by any other means of communication;
2. To assemble peacefully and without arms;
3. To form and join associations, unions, organizations for the protection of personal interest;
4. To own property and follow any occupation, trade, business or profession.

11. All Chin peoples have the right:

1. To have or adopt a religion or belief of his/her choice, and freedom, either individually or in community with others and in public or private, to manifest his/her religion or belief in worship, observance, practice and teaching;
2. To establish and maintain institutions for religious and charitable purposes;
3. To manage his/her own affairs in matters of religion;
4. To own and acquire movable and immovable property; and
5. To administer such property in accordance with the law.

12. All Chin peoples shall have the right:

1. To work, which includes the right of every person to the opportunity to gain his/her living by work, which he/she freely chooses or accepts.
2. To enjoy with equal pay for equal work regardless of gender;
3. To have equal opportunity for rest, leisure and reasonable limitation of working hours, with periodic holidays with pay, as well as remuneration for public holidays.
4. To access equally to admission into public, private, and religious institutions.

13. All Chin peoples shall have the right:

1. To participate in any political organization unless he/she does not have any connection with the Church, or the sect of any religious organization by virtue of the connection to the Church and any of religious organization;
2. To have a right to vote their will after completion of 18 years of age.

14. Nothing in this Chapter shall prevent the State Legislative Assembly from making any special provision for any Chin people.

CHAPTER (IV)
FUNDAMENTAL DUTIES

15. Every Chin national shall have duties towards his/her family, Chin society and Chinland.

16. The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest.

17. Every Chin national shall have the duty to respect and consider his/her fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance.

18. Every Chin national shall have the duty:

1. To preserve and respect the value of family, parents, and maintains them in case of need;
2. To serve his/her national community by endowing his physical and intellectual capacities at its services;
3. To preserve and strengthen social and national solidarity, particularly when the latter is threatened;
4. To preserve and strengthen the national independence and the territorial integrity of his/her country and to contribute to its defense in accordance with the law;
5. To work to the best of his abilities and competence, to pay taxes imposed by law in the interest of the society;
6. To preserve and strengthen positive Chin cultural values in his/her relations with other members of the society, in the spirit of tolerance, dialogue and consultation and, in general, to contribute to the promotion of the moral well being of society;
7. To contribute to the best of his/her abilities, at all times and at all levels, to the promotion and achievement of Chin unity.

19. Nothing in this provision shall prevent the State Legislative Assembly from making any special provision for any Chin people.

CHAPTER (V)
STATE LEGISLATURE

20. All legislative power of the Chinland shall be vested in the Legislative Assembly of Chinland. The State Legislative Assembly shall consist two houses to be known as House of Representatives and Senate.

21. The Senate shall be formed of dialectical constituencies and the House of Representatives shall be formed on the basis of a certain size of population, which shall be determined by law.

22. The Chinland legislative Assembly shall have the jurisdiction over all subjects including foreign relations, federal affairs, economic affairs, banking, taxes and revenue, education, agriculture, health, religion, policing, religion, social, humanitarian and all other issues which powers are not described in Article 108 § (1) to (23) of this Constitution.

23. There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his function except in so far as he/she is by or under this Constitution required to exercise his functions or any of them in his discretion.

24. The Governor shall appoint the Chief Minister with approval of House of Representative. The Governor shall appoint the other Ministers on the advice of Chief Ministers and with approval of Senate.

25. The House of Representatives shall choose two members of the House to be Speaker and Deputy Speaker thereof and, so often as the office of Speaker and Deputy Speaker becomes vacant, the House of Representatives shall choose another member to be Speaker or Deputy Speaker, as the case may be.

26. A legislator holding office as Speaker or Deputy Speaker of an Chinland Legislative Assembly Shall vacate his office if he ceases to be a member of the Assembly may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and may be removed from his office by a resolution of the House of Representatives by a majority of all the then Members of the Assembly.

27. Provided that no resolution for the purpose of clause (3) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution:

28. Provided further that, whenever the House of Representatives is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of Representative after the dissolution.

29. While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the House of Representative as the Governor may appoint for the purpose.

30. The Speaker and Deputy Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Session of House of Representatives, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.

31. Every Legislator of the Chinland Legislative Assembly shall before taking his seat, make and subscribe before the Governor, or Chief Justice, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the (Schedule.) in this Constitution.

32. A person shall be disqualified for being chosen as, and for being, a member of the House of Representatives or Senate:

1. If he/she holds any office of profit under the State government, any Foreign State Government, the Federal Union of Burma, other than an office declared by the Legislature of the State by law not to disqualify its holders;
2. If he/she is of unsound mind and stands so declared by a competent court;
3. If he/she is an un-discharged insolvent;
4. If he/she is not a natural born person of Chinland, or not of a Nationality of Chinland, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;
5. If he/she is so disqualified by or under any law made by Chinland Legislative Assembly.
6. If any question arises as to whether a member of House of Representatives of Senate has become subject to any of the disqualifications mentioned in article (95 and 96), the question shall be referred for the decision of the Governor and with consultation and advice of the Chinland High Court, his/her decision shall be final. Subject to provision of this Constitution and to the rules and standing orders regulating the procedure of the Chinland Legislative Assembly, there shall be freedom of speech in the Legislature.

33. No member of the Chinland Legislative Assembly shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of House of Representatives or Senate, such Legislature of any report, paper, votes or proceedings. In other respects, the power, privileges and immunities of Legislators shall be such as my from time to time be defined by the Legislature by law.

34. Members of the Chinland Legislative Assembly, Chief Minister, Ministers, Speaker, Deputy Speakers shall be entitled to receive such salaries and allowances as may from time to time determined by the Chinland Legislative Assembly by law.

35. All Bills, including Money Bills and other Financial Bills may originate in either House of the Chinland Legislative Assembly.

36. After any Bill has been passed by a House, it shall be transmitted to the other House for its approval and the Bill shall be returned with recommendation, approval or rejection, within a period of fourteen days from the date of its receipt of the Bill.

37. If the House of Representatives accept any of the recommendations or approval, the Bill shall be deemed to have been passed by both Houses with the Amendments recommended by the Senate and accepted by the House of Representatives or vice versa.

38. If a Bill passed by House of Representatives and transmitted to the Senate for its recommendation or approval is not returned to the House of Representatives within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the House of Representatives.

39. For the purpose of this chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters namely:

1. The imposition, abolition, remission, alteration or regulation of any tax;
2. The regulation of the borrowing of money or the giving on any guarantee by the State, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by Chinland;
3. The custody of the Consolidated Fund or the Contingency Funds of the State, the payment of moneys into or withdrawal of moneys from any such Funds;
4. The appropriation of moneys out of the Consolidated Fund of Chinland;
5. The declaring of any expenditure to be expenditure changed on the Consolidated Fund of the State, or the increasing of the amount of any such expenditure;
6. The receipt of money on account of the Consolidated Fund of the Chinland or the public account or the Chinland or the custody or issues of such money; or
7. Any matter incidental to any of the matters specific to sub-clauses (1) to (6) hereinabove.

40. When a Bill has been passed by the both Houses of the Chinland Legislature, it shall be presented to the Governor and the Governor shall declare either that he approves or vetos the Bill within fourteen days.

41. Provided the Governor may, within fourteen days after the presentation to him of the Bill for approval, return the Bill together with a message requesting that the Houses will reconsider the Bill or any specific provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommended in his message and, when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by both Houses with or without amendment and presented to the Governor for approval, the Governor shall approve within fourteen days of receipt.

42. Chinland Legislative Assembly may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business.

CHAPTER (VI)
STATE EXECUTIVE

43. There shall be a Governor of Chinland who shall take precedence over all other persons throughout Chinland and who shall exercise and perform the powers and functions conferred on the Governor by this Constitution and by law.

44. A person who is qualified to be a candidate of the State Governor and who is not a member of State Legislative Assembly or of any State civil service, shall be elected by the peoples of Chinland and shall hold the Office of Governor for five years from the date on which he/she enters upon the office.

45. The Governor shall be commander in chief of the State Armed Forces.

46. The Governor shall not be removed from the office before the expiration of that period unless he/she deceases, or resigns, or becomes permanently incapacitated, such incapacity being established to the satisfaction of the majority of the High Court Judges.

47. The Governor shall hold office for a term of five years from the date he/her enters upon his/her office. No person shall be eligible to the office of the Governor for more than ten consecutive years.

48. No person shall be eligible for election to the office of Governor unless he/she is natural born person of Chinland and has reached the age of forty years.

49. The Governor of Chinland shall promulgate any law passed by the Chinland Legislative Assembly.

50. The Governor shall address both Senate and Peoples Representative at the commencement of the first session after each general election to the Chinland Legislative Assembly and at the commencement of the first session of each year.

51. Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by the Chinland Legislative Assembly by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the (Schedules).

52. Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of Chinland High Court, or, in his/her absence, the senior most Judge of the Court available, an oath or affirmation in the following form that is to say-

“I ___________., do (swear in the name of God/solemnly affirm) that I will faithfully execute the office of Governor (or discharge the functions of the Governor) and will to the best of my ability preserve, protect and defend the Constitution of Chinland and the law and that I will devote myself to the service and well-being of the Chin peoples”.

53. The Governor of Chinland shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence:

1. In all cases where the punishment or sentence is by a Court Martial;
2. In all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Chinland extends;
3. In all cases where the sentence is a sentence of capital punishment.

LIEUTENANT GOVERNOR:

54. There shall be a Lieutenant Governor of Chinland.

55. The Lieutenant Governor shall be ex-officio member of Senate and shall not hold any other office of profit.

56. The Senate with majority vote shall elect the Lieutenant Governor and such election shall be by secret ballot.

57. The Lieutenant Governor shall be a member of Senate and be elected Lieutenant Governor; he/she shall vacate his/her seat in that Senate on the date that he enters upon his office as Lieutenant Governor.

58. The Lieutenant Governor shall hold office for a term of five years from the date on which he/she enters upon his/her office. No person shall be eligible to the office of the Lieutenant Governor for more than ten consecutive years.

59. In the event of the occurrence of any vacancy in the office of the Governor by reason of his/her death, resignation or removal, or otherwise, the Lieutenant Governor shall act as Governor until the date on which a new Governor elected in accordance with the provisions of this Constitution to fill such vacancy enters upon his/her office.

60. When the Governor in unable to discharge his/her functions owing to absence, illness or any other cause, the Lieutenant Governor shall discharge his/her functions until the date on which the Governor resumes his/her duties.

61. The Lieutenant Governor shall, during and in respect of, the period while he is so acting as, or discharging the functions of Governor, have all the powers and immunities of the Governor and be entitled to such emoluments, allowances and privileges as may be determined by Chinland Legislative Assembly by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the (Schedules).

62. Every Lieutenant Governor shall, before entering upon his/her office, make and subscribe before the Chief Justice of Chinland High Court, or some person appointed in that behalf by him/her, an oath or affirmation in the following form, that is to say-

“I, ___________., do (swear in the name of God/solemnly affirm) that I will bear true faith and allegiance to the Constitution of Chinland as by law established and that I will faithfully discharge the duty upon which I an about to enter”.

ADVOCATE GENERAL:

63. Any person who has the qualification determined by law for the post of Advocate General shall be appointed by the Governor of Chinland with the consent of the majority of the Senate of the Chinland Legislative Assembly.

64. The Advocate General shall assist the Government of Chinland in drafting and executing the laws.

65. The Advocate General shall appoint subordinate public prosecutors and defenders with the consent of House of Representatives of Chinland Legislative Assembly.

AUDITOR GENERAL:

66. The Governor with the consent of House of Representative of the Chinland Legislative Assembly shall appoint any person who meets the qualification determined by law for the post of Auditor General.

67. Auditor General shall assist the Government of Chinland in auditing the accounts and maintaining public records relating to the accounts.

68. The Auditor General of Chinland shall appoint subordinate auditors with the majority consent of Senate of Chinland Legislative Assembly.

TREASURER GENERAL:

69. The Governor with the consent of Senate of Chinland Legislative Assembly shall appoint any person who met the qualification determine by law for the post of Treasurer General.

70. The Treasurer General shall assist the Government of Chinland in treasury matters relating to budget and other financial matters.

71. The Treasurer General of Chinland shall appoint subordinate treasurers with the majority consent of House of Representatives.

SECRETARY OF STATE:

72. The Governor with the consent of House of Representatives of Chinland Assembly shall appoint any person who met the qualification determine by law for the post of Secretary of State.

73. The Secretary of State shall assist the Government of Chinland in maintaining the records of Chinland Legislative Assembly.

74. The Secretary General shall appoint subordinate Secretariats with the majority consent of Senate.

CIVIL SERVICE COMMISSIONER:

75. The Governor with the consent of the House of Senate of Chinland Legislative Assembly shall appoint any person who met the qualification determine by law for the post of Civil Service Commissioner.

76. The Civil Service Commissioner shall appoint subordinate Commissioners with the majority consent of House of Representatives of Chinland Legislative Assembly.

77. The rights, privileges responsibilities and removal of the Governor, Lieutenant Governor, Advocate General, Auditor General, Civil Service Commissioner, Treasurer General, Secretary of State, Chief Minister, Ministers and Member of the Chinland Legislative Assembly shall be according to the Chapter (IX) of this constitution and Chinland Constitutional Acts.

CHAPTER (VII)
STATE JUDICIARY

78. The judicial power of the Chinland shall be vested in High Court of Chinland and in such inferior courts as the Chinland Legislative Assembly may from time to time to ordain and establish.

79. The Governor of Chinland shall appoint the five Judges of High Court, including Chief Justice of High Court and Inferior Courts with consent of both Senate and House of Representatives of the Chinland Legislative Assembly.

80. A person shall not be qualified for appointment as a Judge of a High Court unless he is a natural born person of Chinland and:-

1. Has for at least ten years held a judicial office in the competent Courts in Chinland and else where;
2. Have for at least ten years been an advocate of High Court or Lower Court in Chinland and else where; and
3. Have for at least ten years been as legal scholar, professor, or lecturer at an accredited University or College.
81. All judges of Chinland High Court and inferior Courts in Chinland shall hold their offices for ten years.
82. The decision of the Chinland High Court shall be final in the interpretation of the Constitution of Chinland and the laws in force in the Chinland. The High Court shall have authority to issue writs such as Mandamus, Quowaranto, Habeas Corpus, and Certiorari to the inferior courts.

83. The qualification, rights, privileges, responsibilities and impeachment of the Chief Justice of Chinland High Court, Judges of Chinland High Court and Judges of inferior Courts shall be according to the Chapter (IX) of this constitution.

84. Subject to provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on the Legislature by this Constitution, the jurisdiction of, and the law administered in Chinland High Court and respective powers of the judges thereof in relation to the administration of Justice in the Court, including any power to make rules of Court and to regulate the sitting of the Court and of members thereof sitting alone or in Inferior Courts, shall be the same as immediately before the commencement of this Constitution.

CHAPTER (VIII)
THE STATE ARMED FORCE

85. All Chin people able-bodied person of the age of 18 and under the age of 40 years shall serve the Chin National Army for at least three years. All commissioned officers of the militia shall be appointed and commissioned by the Governor, from such person as are qualified by law to hold such offices.

86. The Legislature shall, by law, designate the qualifications necessary for holding a commission in the militia and shall prescribe the mode of selection of officers for the several grades.

87. The Governor shall appoint the Adjutant General and the Adjutant General shall also perform the duties of quartermaster general and paymaster general until otherwise directed by law.

88. The Legislative Assembly shall have the final authority for creation of Chin National Army, Police Forces and making rules and regulations of State Militia Services by making laws.

CHAPTER (IX)
THE SCHEDULES

89. The First Schedule (The minimum age of respective elected officials shall be):

1. State Legislators, Governor and Lt. Governor (35)
2. District Legislators (30)
3. Auditor General, Attorney General (35)
4. The High Court Judges (45)
5. Inferior Court Judges (40)
6. Treasurer General (45)
7. Secretary of State (45)

90. The Second Schedule (The maximum age of respective elected officials shall be):

1. All elected Officials (65)
2. Extendable up to (70)

92. The Third Schedule (The allowance, pension, and immunity of respective elected officials and immunity shall be):

1. The State Legislative Assembly shall time to time decide the allowance, pension, and immunity for elected officials;
2. The Elected Official shall not be questionable during their performance of their duties.

93. The Forth Schedule (The form of oaths for respective elected officials and appointed officials shall be):

1. “I, ______________ do swear, that I will faithfully discharge, to the best of my abilities, the duties incumbent on me as ____________ according to the Constitution and Laws of the Chinland. So help me God.” (OR)
2. “I, ______________ do swear, that I will support the Constitution of Chinland, as long as I shall continue a national of Chinland thereof. So help me God.”

94. The Fifth Schedule (The procedure of the impeachment of elected officials shall be):

1. Either Senate or House of Representatives shall be initiated the bill of Impeachment of Governor. Based upon the advice and recommendation, the Chief Justice of High Court shall preside the impeachment hearing, which shall open for all public.
2. The House of Representatives shall initiate the impeachment of Lieutenant Governor. Based upon the advice and recommendation of the Chinland High Court, the Speaker of Deputy Speaker shall preside the impeachment hearing, which shall open for all public.
3. The House of Representatives shall initiate the impeachment of Advocate General, Treasurer General, Secretary of State and Civil Service Commissioner of Chinland. Based upon the advice and recommendation of High Court Judges of Chinland High Court, the Speaker or Deputy Speaker of House of Representatives shall preside the impeachment hearing, which shall open for all public.
4. The Senate shall initiate impeachment of Auditor General and Treasurer General of Chinland based upon the advice and recommendation of High Court Judges of Chinland High Court, the Lieutenant Governor shall preside the impeachment hearing, which shall open for all public.
5. Either Senate or House of Representatives shall initiate the impeachment of Chief Justice of Chinland High Court, High Court judges and Judges from Inferior Courts. If the Senate initiates the impeachment the Lieutenant Governor shall preside the impeachment hearing, which shall open for all public. If the House of Representatives initiate the impeachment the Speaker or Deputy Speaker of the House of Representatives shall preside the impeachment hearing, which shall open for public.
6. All other impeachment procedures shall be conduct according to the Chinland Constitutional Acts.

95. The Sixth Schedule (The basic requirement of quality for elected officials). All elected officials in Chinland shall be natural born citizens of Chinland.

96. An elected official of Chinland, his/her spouse, children and legally adopted children shall not hold any other citizenship or shall not get any benefit from other countries.

1. Governor (to be added)
2. Lieutenant Governor (to be added)
3. State Legislators (to be added)
4. District Legislators (to be added)
5. High Court Judges (to be added)
6. Inferior Court Judges (to be added)
7. Auditor General (to be added)
8. Advocate General (to be added)
9. Treasury General (to be added)
10. Secretary of State (to be added)

97. The Seventh Schedule (The interpretation of the Constitution): The High Court of Chinland shall have final authority to interpret the Constitution of Chinland, and other laws, which are in force in Chinland.

CHAPTER (X)
CIVIL SERVICE COMMISSION

98. The Chinland Legislative Assembly shall establish and ordain a Civil Service Commission of Chinland.

99. Civil Service Commission shall conduct the Civil Service examination based on merit and reservation. However, the reservation for minority and disadvantaged areas shall not be more than 15 percent of total available numbers.

100. The Chinland Legislative Assembly shall make laws for Civil Service Commission, Rights, Privileges, Responsibilities, Duties and Impeachment from time to time.

CHAPTER (XI)
AMENDMENT OF THE CONSTITUTION

101. Any provision of this Constitution may be amended or removed by the Chinland Legislative Assembly with the approval of 75 percent of both Houses. After approval of the Legislative Assembly of Chinland, the Governor of Chinland shall conduct a referendum. If at least 65% of Chin people voting agree to amend or remove the clause or section of the Constitution the Governor of Chinland shall sign and promulgate this as an amendment to the Constitution.

CHAPTER (XII)
GENERAL PROVISIONS

102. The Chin National Flag shall be (xxx)

103. Chin National Anthem shall be (xxx)

104. The Official Languages of the Chinland for the first ten years shall be Burmese, English and any Chin language. After ten years, the Burmese language shall be removed from the status of Official language of Chinland and the English shall be placed as the first official language of Chinland and dialects of Chin language shall remain as the secondary Official dialects of the Chin language as their respective areas. (Two copies of the Constitution shall be made one in the Burmese language and the other in the English language, both copies shall be signed by the Governor of the Chinland and enrolled for record in the office of the registrar of the Chinland High Court. Without approval of Legislative Assembly and Chinland High Court interpretation of this Constitution into other Chin languages/dialects shall not be signed by the Governor of Chinland and shall not be treated as the authorized Constitution of Chinland).

CHAPTER (XIII)
RELATIONSHIP WITH FEDERAL UNION OF BURMA

105. No provision in this Constitution shall be overridden by the Constitution of Federal Union of Burma.

106. Every agreement between Federal Union of Burma and Chinland or Chinland and other States shall become a treaty and law after ratification of the Chinland Legislative Assembly and promulgation of the Governor of Chinland.

107. The provisions in this Chapter shall not apply to any bilateral agreements between Chinland and other International States or national States within the Federal Union of Burma.

OPTIONAL CHAPTER (XIV)
FEDERAL GOVERNMENT’S POWERS

108. The Government of Federal Union of Burma shall have the following powers:

1. Foreign Affairs (diplomatic missions and IGO and INGO Affairs).
2. The Federal Debt and Property.
3. Federal Highways, Seaways and Airways
4. The Regulation of Federal Trade and Commerce.
5. The raising of money by any mode or system of Federal taxation.
6. The borrowing of money on the public credit.
7. Postal, telegraphic, telephonic, and broadcasting, services.
8. The Census and Statistics.
9. Federal Military, Naval and Air Services and Works, and Defense and Defense Works.
10. The fixing of and providing for the salaries and allowances of civil and other officers of the Federal Union Government.
11. Beacons, Buoys, Light Houses, and such like provisions.
12. Navigation and Shipping.
13. Quarantine.
14. Currency and coinage: Monetary Policy.
15. Banking, incorporation of Companies and Banks and Issue of Paper Money.
16. Savings Banks.
17. Weights and Measures.
18. Bills of Exchange, Promissory Notes and Negotiable Instruments.
19. Interest: Legal Tender.
20. Bankruptcy and Insolvency.
21. Copyrights, Trademarks and Patents or Invention and Discovery.
22. Naturalization and Aliens.
23. The Establishment, Maintenance and Management of Federal Union Penitentiaries.

THE CHIN FORUM WORKING GROUP (I)
CHINLAND CONSTITUTION DRAFTING COMMITTEE

CONVENERS
1. Pu Lian Uk (MP)(Convener)
2. Dr. Vumson Suantak (Co-convener)
3. Salai Ngun Cung Lian (Co-convener)
MEMBERS
4. Salai Kipp Kho Lian
5. Salai Mang Bik
6. Salai Sui Khar
7. Pu Mang Bur (L)
8. Rev. Dr. Chum Awi
9. Dr. Ro Ding
10. Dr. Za Hlei Thang (MP)
11. Salai Bawi Lian Mang
12. Salai Cung Cin
13. Salai Zapeng Sakhong
14. Pu John Mangtling Cinzah(Ex.MP)(L)
15. Mai Khuang Cin Par
16. Victor Biak Lian
17. Dr. Lian H. Sakhong
18. Pu. Zing Cung
19. Mai Dawt Chin
20. Hau Suan Mung
21. Salai Sang Zel
22. Mai Zi Dam
Source: www.chinland.org

The Future Constitution of Chinland

Attachment အရွယ်အစား
The Future Constitution of Chinland.pdf 886.05 ကီလိုဘိုက်

Court and Judiciary

There was Union Judiciary Act 10/48 which laid down the structure, functions and powers of the respective Courts, The Apex Court was the Supreme Court. Importantly, it was the Constitution of 1946 which made the provisions of judicial and legal systems. Also the Courts Manual laid down the structure and powers of Civil and Criminal Courts There are some special laws which created some special courts. The recruitment of judges in all courts up to the level of District was through an Examination of legally qualified persons.

Landmark Agreements/Declarations

Bommersvik Declaration II

Convention of Elected Representatives Union of Burma

25 February-1 March 2002
Bommersvik, Sweden

We, the representatives of the people of Burma, elected in the 27 May 1990 general elections (presently serving as members of the National Coalition Government of the Union of Burma and/or the Members of Parliament Union), meeting at the Convention of Elected Representatives held in Bommersvik for the second time, hereby reaffirm -

Our Mandate, Position, and Strategic Objectives

- that we will never ignore the will of the Burmese people expressed through the May 1990 general elections;

- that the military’s refusal to honor the election results does not in any way diminish the validity of these results;

- that our mandates are derived from the election victory of the National League for Democracy (NLD) and the other political parties in the 1990 general elections;

- that our roles are to support and facilitate the NLD led by Daw Aung San Suu Kyi and the other election-winning parties to implement the 1990 election results;

- that our objective is (1) to end military rule, (2) to establish democracy, and (3) to establish a federal Union of Burma;

- that based on the 1990 election results, the NLD led by Daw Aung San Suu Kyi has the mandate to form the Government of the Union of Burma, and that the NLD and Daw Aung San Suu Kyi have the right to enter into a dialogue with the SPDC and others, and to negotiate a transition to democracy;

- that in the light of current political developments our immediate objectives are to promote and ensure, to the extent possible, that

A. the current talks between Daw Aung San Suu Kyi and the SPDC do not break down,
B. the talks become official and irreversible
C. the talks be speeded up to a political dialogue
D. the talks become a tripartite dialogue as soon as possible.
- that in carrying out the activities in support of the above objectives, we undertake to ensure that our activities

1. do not undermine the position of the NLD/Daw Aung San Suu Kyi, and the ethnic nationalities,
2. facilitate national reconciliation, and
3. promote nation-building.
Appreciation and Appeal

We, the representatives of the people of Burma:

- Welcome initiatives by non-Burman ethnic nationalities reaffirming their commitment to ensure the integrity of the Union and to rebuild it on the basis of ‘Panglong Spirit’

- Express firm solidarity with the people of Burma who, despite the hardships and oppression, continue to strive for democracy

- Appreciate and encourage Burma support groups worldwide for their divestment, consumer boycott, and shareholder campaigns in support of the Burmese people and the democracy movement,

- Appreciate the trade unions, employers, and governments for their role at the International Labor Organization conference and urge them to implement the recommendations of the ILO's governing body in November 2000 until forced labor practices end in Burma,

- Support the call on SPDC by UN Special Rapporteur on Human Rights Pinheiro to declare a nationwide ceasefire for the effective delivery of humanitarian assistance through a consultative process involving the NLD, the SPDC, ethnic leaders from respective States and international NGOs,

- Appreciate the UN Secretary General Office and UN Special Envoy Ambassador Tan Sri Razali Ismail’s initiatives to facilitate the national reconciliation process in Burma,

- Thank the Nobel laureates for their calls to bring about peace and national reconciliation in Burma at the 10th anniversary of Nobel Peace Prize for Daw Aung San Suu Kyi, and request them to continue their efforts to help bring democracy to the country,

- Appreciate and commend Norway, the European Union, the United States, Canada and all other nations for their unwavering support to restore democracy in Burma, and in particular request:

1. The European Union to incorporate in its Common Position measures aimed at speeding up the talk process in Burma, and

2. The United States and Canada to maintain their strong position until a genuine national reconciliation takes place in Burma

- Appeal to the Japanese Government to withhold resumption of Official Development Assistance until a transparent, accountable and responsive government of national reconciliation is in place, and

- Request neighboring countries to Burma to fully support and cooperate with the UN Special Envoy in his endeavors to bring about national reconciliation in the interests of regional stability and development.

- Appreciate the more than 3,000 Members of Parliaments worldwide who have signed their declaration of support for fellow MPs in Burma and request them to help the people of Burma by forming Burma caucuses in their Parliaments as recommended by the Inter-Parliamentary Union, and

- Deeply appreciate the Swedish Government and Parliament, Olof Palme International Center, Swedish institutions and people for making the Convention of Elected Representatives of Burma possible and for their warm and cordial hospitality, friendship, and support.

- Urge the SPDC to immediately seek a negotiated political settlement and begin an inclusive nation-building process to alleviate the suffering of the people and the country,

Signed

Name
Party
Bo Hla Tint, U NLD NCGUB/MPU
Bo Thaung, U NLD MPU
Daniel Aung, U LNDP MPU
Hla Oo, U NLD MPU
Khin Kyaw Han, U NLD MPU
Khon Manko Ban, U DOKNU NCGUB/MPU
Lian Uk, U Ind MPU
Maung Maung Aye, U NLD NCGUB/MPU
Maung Maung Latt, U NLD MPU
Sai Win Pay, U SNLD MPU
Sann Aung, Dr Ind NCGUB/MPU
Sein Win, Dr. PND NCGUB/MPU
Teddy Buri, U NLD MPU
Tha Noe, U ALD NCGUB/MPU
Thang Lian Pau, U ZNC MPU
Than Sein, U NLD MPU
Thein Oo, U NLD NCGUB/MPU
Tint Swe, Dr NLD NCGUB/MPU
Tin Tut, U NLD MPU
ALD = Arakan League for Democracy
DOKNU = Democratic Organization for Kayan National Unity
Ind = Independent
LNDP = Lahu National Development Party
NLD = National League for Democracy
PND = Party for National Democracy
SNLD = Shan Nationalities League for Democracy
ZNC = Zomi National Congress

Mae Tha Raw Hta Agreement

ETHNIC NATIONALITIES SEMINAR

(Mae Tha Raw Hta)

Mae Tha Raw Hta Agreement

We, leaders of Arakanese, Chin, Kachin, Karen Karenni, Mon, Pa-O, Palaung, Lahu, Shan and Wa ethnic nationalities, representing the various organizations as well as the nationalities, attended the seminar held from January 7 to 14, 1997 at Mae Tha Raw Hta in Kawthoolei.

We, leaders of nationalities mentioned above, after frank and cordial discussions in depth, have agreed upon the following terms.

1. Agreement relating to Political Aims

(a) To dismantle the military dictatorship and establish peace n the country;

(b) To practice the democratic political system;

(c) To achieve the rights of equality and self-determination for each and every nationality;

(d) To establish a federal union.

2. Agreement Concerning the SLORC's National Convention

The sham National Convention being held by the SLORC, presently, is for the perpetuation of military dictatorship. Since absolutely no rights will be gained for the ethnic nationalities, we, the Ethnic Nationalities Seminar, do not in any way recognize the SLORC's National Convention and agree to oppose it.

3. Agreement Regarding Tri-partite Dialogue

We, the Ethnic Nationalities Seminar, accept the tri-partite dialogue agreed to by Daw Aung San Suu Kyi, and called for by the resolutions of the UN and international organizations. The tri-partite dialogue must include three forces, namely the force composed of the National Democratic Front (NDF), Union Nationalities League for Democracy (UNLD), Peace and Democratic Front (PDF) and other ethnic nationalities, the Pro-democracy forces led by Daw Aung San Suu Kyi, and the SLORC military clique.

4. Agreement Relating to Federal Union

We, the Ethnic Nationalities Seminar, unanimously agree to establish a genuine federal union composed of national states having the full rights of national equality and self-determination.

5. Agreement Relating to Economic Policy

Regarding the economic policy, we, the Ethnic Nationalities Seminar, agree to practice a market economic system and invite foreign investments.

However, as foreign investments, at present, are benefiting the SLORC military dictatorship only and increasing its oppressive power, we strongly object to them.

6. Agreement Relating to Narcotic Drugs

We, the Ethnic Nationalities Seminar, unanimously agree to cooperate with international narcotic drug eradication organizations for the eradication of the entire business of narcotic drugs, including cultivation, production and trafficking.

7. Agreement Regarding Pro-democracy Forces

We, the Ethnic Nationalities Seminar, agree to raise the fight, on all sides, in the fields of politics, diplomacy and people's action, for the dismantling of the SLORC military dictatorship.

In this struggle, we agree also to join hands with pro-democracy forces led by Daw Aung San Suu Kyi, and act unitedly and simultaneously for the achievement of rights of the nationalities as well as democratic rights.

Moreover, we acknowledge the National League for Democracy (NLD) led by Daw Aung San Suu Kyi as the winner of 1990 general election an accordance with the true will of the people and democratic process, we fully support all acts of opposition against the SLORC, by it.

8. Agreement Relating to ASEAN

We, the Ethnic Nationalities Seminar, agree to send letters to ASEAN, requesting it to delay, indefinitely, acceptance of Burma under the SLORC, as a member of the organization.

10. Agreement on Reunion

We, the Ethnic Nationalities Seminar, agree to maintain and implement the results of the seminar and to have a reunion at least once a year.

SIGNATORIES
1. (Gen. Aung Than Lay)
Karen National Progressive Party

2. (Col. Khun Okker)
Pa-O People's Liberation Organization

3. (Col Maha Sean)
Wa National Organization

4. (Col Sai Pao Sing)
United Wa State Party

5. (Mai Aik Phone)
Palaung State Liberation Front

6. (Col. Zau Seng)
Kachin Independent Organization

7. (Khing Myat Kyaw)
All Araken Students and youth congress

8. (B. Kya Oo)
Lahu Democratic Front

9. (Nai Han Tha)
New Mon State Party

10. (Khing Soe Naing Aung)
Araken Liberation Party

11. (Khun Na Ruh)
Kayan New Land Party

12. (Sao Oac Kesi)
Shan United Revolutionary Army

13. (Slai Shwe Kha)
Chin National Front

14. (Khun Home)
Shan Democratic Union

15. (Gen Saw Bo Mya)
Karen National Union

16. Individual Delegates

(i) Chao-Tzang Yawnghwe

(ii) Naw Louish Benson

(iii) Khun Marko Ban

THE PANGLONG AGREEMENT, 1947

(signed February 12, 1947)

A conference having been held at Panglong, attended by certain Members of the Executive Council of the Governor of Burma, all Saohpas and representatives of the Shan States, the Kachin Hills and the Chin Hills:

The Members of the Conference, believing that freedom will be more speedily achieved by the Shans, the Kachins and the Chins by their immediate co-operation with the Interim Burmese Government:

The Members of the Conference have accordingly, and without dissentients, agreed as follows: -

1. A representative of the Hill Peoples, selected by the Governor on the recommendation of representatives of the Supreme Council of the United Hill Peoples (SCOUHP), shall be appointed a counselor to the Governor to deal with the Frontier Areas.

2. The said Counselor shall also be appointed a Member of the Governor's Executive Council, without portfolio, and the subject of Frontier Areas brought within the purview of the Executive council by Constitutional Convention as in the case of Defence and External Affairs. The Counselor for Frontier Areas shall be given executive authority by similar means.

3. The said Counselor shall be assisted by two Deputy Counselors representing races of which he is not a member. While the two Deputy Counselors should deal in the first instance with the affairs of the respective areas and the Counselor with all the remaining parts of the Frontier Areas, they should by Constitutional Convention act on the principle of joint responsibility.

4. While the Counselor, in his capacity of Member of the Executive Council, will be the only representative of the Frontier Areas on the Council, the Deputy Counselors shall be entitled to attend meetings of the Council when subjects pertaining to the Frontier Areas are discussed.

5. Though the governor's Executive Council will be augmented as agreed above, it will not operate in respect of the Frontier Areas in any manner which would deprive any portion of these Areas of the Autonomy which it now enjoys in internal administration. Full autonomy in internal administration for the Frontier Areas is accepted in principle.

6. Though the question of demarcation and establishing a separate Kachin State within a Unified Burma is one which must be relegated for decision by the Constituent Assembly, it is agreed that such a State is desirable. As first step towards this end, the Counselor for Frontier Areas and the Deputy Counselors shall be consulted in the administration of such areas in the Myitkyina and the Bhamo District as are Part II Scheduled Areas under the Government of Burma Act of 1935.

7. Citizens of the Frontier Areas shall enjoy rights and privileges which are regarded as fundamental in democratic countries.

8. The arrangements accepted in this Agreement are without prejudice to the financial autonomy now vested in the Federated Shan States.

9. The arrangements accepted in this Agreement are without prejudice to the financial assistance which the Kachin Hills and the Chin Hills are entitled to receive from the revenues of Burma, and the Executive Council will examine with the Frontier Areas Counselor and Deputy Counselors the feasibility of adopting for the Kachin Hills and the Chin Hills financial arrangements similar to those between Burma and the Federated Shan States.

* Reproduced in teh REport of the Frontier Areas Committee of Enquiry, Government Press, Rangoon, 1947. Also checked with copy of Agreement preserved by U Vum Ko Hau, Minister in Paris, who took part in the Panglong conference as a leader of the Chins.

The Law Khii Lah Agreement

August 30, 2001

Ethnic nationalities leaders from major organizations met at the Lw Khii Lah Camp, Kawthoolei, From August 26-30, 2001, and discussed the need for unity and closer cooperation in a fraternal spirit and atmosphere.

The leaders agreed on the need to strengthen the unity of the Ethnic Nationalities and a working committee, the Ethnic Nationalities Solidarity and Cooperation Committee (ENSCC), was thereby established. The committee has been entrusted with the task of fostering unity and cooperation between all Ethnic Nationalities forces and to promote a peaceful political settlement in Burma through tripartite dialogue.

The Ethnic Nationalities are cautiously optimistic about the talks held since October 2000 in Tangoon between Daw Aung San Suu Kyi and the State Peace and Development Council (SPDC). The Ethnic Nationalities leaders welcome and fully support the efforts of Ambassador H.E. Razali Ismail, the U.N. Special Envoy, to facilitate a peaceful settlement through a tripartite dialogue in Burma.

It was also resolved that the Ethnic Nationalities forces would:

Undertake pro-active and constructive actions to bring about a peaceful resolution to the political conflict in Burma through a dialogue process involving the SPCD, the NLD led by Daw Aung San Suu Kyi, and the Ethnic Nationalities as dialogue partners;

Consult widely, cooperate, and work closely with all stakeholders in Burma and with the international community, international bodies and agencies, the U.N., and humanitarian organizations to resolve the grave humanitarian crises in Burma, which most seriously affect the Ethnic Nationalities population;

Strive to facilitate and orderly and peaceful democratic transition in Burma, and to rebuild the country in accordance with the spirit of Panglong, the principle of Equality, Self-Determination, Democracy, and Justice.

Signatories:

1. Arakan Liberation Party (ALP),

2. Chin National Front (CNF),

3. Karen National Union (KNU),

4. Karenni National Progressive Party (KNPP),

5. Lahu Democratic Front (LDF), and

6. Palaung State Liberation Organization (PSLF),

7. Pa-O People's Liberation Organization (PPLO),

8. Shan Democratic Union (SDU),

9. United Nationalities League for Democracy/Liberated Area (UNLD/LA)*

Other allied Ethnic Nationalities organizations

* The UNLD was unilaterally dissolved by the State law and Order Council (SLORC) in 1992. Thus the UNLD in exile was formed in the liberated area in order to carry out the mission of the organization. An official announcement on the formation of the UNLD/LA (in exile) was made on Union Day, 1998.

Thoo Mweh klo Agreement

Seminar on National Solidarity

Thoo Mweh klo Agreement

Date: December 14, 1998

Burma is a country inhabited by many indigenous ethnic nationalities. In the modern Burmese history, even though the consensus agreement between General Aung San and the leaders of indigenous ethnic nationalities had achieved national solidarity and obtained independence, this solidarity deteriorated along with the death of general Aung San.

As a consequence of long years of oppression under the military dictatorship, the national solidarity is in a vulnerable state of total disintegration. The immediate need of the people of all the nationalities, being the abolition of the military dictatorship and the building of a modern society with lasting peace and prosperity, could be achieved only through a consolidated national strength. Thus, the building of national solidarity is the main task of the people of all the nationalities, today. Just as the National League for Democracy (NLD), led by Daw Aung San Suu Kyi, and the political parties representing the nationalities, jointly and actively have been undertaking the said task, we, the 23 organizations, whose signatures appeared below, successfully held the "Seminar on National Solidarity," from the 12th to 14th of December, 1998, at Thoo Mweh Klo, Kawthoolei State, and unanimously reached the agreement given below.

1. The Seminar recognized that the 1947 Panglong Agreement and pledges contained in the Agreement, the 1990 Bo Aung Kyaw Street Declaration, the 1992 Marnerplaw Agreement and the 1997 Mae Tha Raw Hta Agreement are the historic agreements representing the fundamental interest of the ethnic nationalities and the people.

2. The Seminar unanimously determined that the conflict prevailing in Burma is a conflict between the oppressive military dictatorship, on the one side, and the oppressed people of all the nationalities on the other, and as it has been intensifying, day by day, it is now approaching a decisive stage.

3. As a result of domination of the SLORC/SPDC military dictatorship, there was lack of democratic rights and loss of the rights of the nationalities, in present day Burma. Therefore, it was unanimously decided that the abolishment of the military dictatorship was the principal and common task of the country.

4. It was decided that all political parties, organizations and individuals, irrespective of race, religion and political ideology, were to join hands and work together, starting from the lowest possible stage, in the struggling for the abolition of the SLORC/SPDC military dictatorship.

5. The SLORC/SPDC has no right to lead in organizing and convening the National Convention. Therefore, the Seminar unanimously decided that the National Convention of the SPDC could absolutely not be accepted.

6. The Seminar unanimously decided to promote and practice the multi-party democratic system, in accordance with aspiration of the entire people of all the Nationalities.

7. The Seminar unanimously decided to establish a genuine federal union, composed of national states, having national equality and full right of self-determination.

8. The Seminar decided to support the demand for the convening of parliament, formation of the Committee Representing People's Parliament and the Parliamentary Affairs Committees by the victorious parties in the 1990 election, the National League for Democracy (NLD) and the 4 political parties representing the ethnic nationalities.

9. This Seminar decided to cooperate in the struggle for the emergence of tripartite dialogue, as an immediate task.

10. The Seminar welcomed and supported the active involvement of the United Nations and the international organizations for the establishment of peace and democracy in Burma. Since the 1998 UNGA Resolutions on Burma were correct, the Seminar unanimously demanded that they be implemented, in practice, by the responsible authorities.

11. The Seminar strongly condemned the involvement of the SPDC military dictatorship, as a principal partner, in the cultivation, by the responsible authorities.

12. The Seminar called upon foreign investors not to invest in Burma, so long as the SPDC military dictatorship was in power.

13. The Seminar decided that all the organizations attending the Seminar were to take the responsibility for the maintenance and implementation of the decisions and to form a Coordinating and Organizing Committee in order to continue for the implementation the decisions.

Signatories

1. U Tin Maung thet

President

All Burma Muslim Union (ABMU)

2. U Myo Win

Secretary (2)

All Burma Students' Democratic Front (ABSDF)

3. U Myat Thu

President

All Burma Students' League (ABSL)

4. Ashin Kaymar Sara

Chairmonk

All Burma Young Monk's Union (ABYMU)

5. U Tha Noe

Secretary

Arakan League for Democracy (ALD)

6. Khaing Myo Min

General Secretary

Arakan Liberation Party (ALP)

7. S'lai Shwe Khar

Secretary, Foreign Affair Department

Chin National Front (CNF)]

8. S'lai Tha Nei Luai

Representative

Chin National League for Democracy (CNLD)

9. Saw Jacob

Central Organizing Committee

Communist Party of Burma (CPB)

10. U Zaw Naing Oo

General Secretary

Democratic Party for a New Society (DPNS)

11. Saw Shwe Hser

Vice-President

Karen National Union (KNU)

12. B. Kyah Oo

General Secretary

Lahu Democratic Front (LDF)

13. U Soe Lwin

Vice-Chairperson

Myeik-Dewai United Front (MDUF)

14. U Kyaw Hla

President

Muslim Liberation Organization (MLO)

15. U Deniel Aung

Member

Members of Parliament Union

16. U Than Htut

Secretary

National League for Democracy-Liberated Area (NLD-LA)

17. U Kyaw Htet

President

People Defense Force (PDF)

18. U Aye Saung

Secretary General

People's Liberation Front (PLF)

19. Khun Okker

President

Pa-O People's Liberation Organization (PPLO)

20. U Aung Myint

General Secretary

People's Patriotic Party (PPP)

21. Mai Aik Pong

Joint-Secretary

Palaung State Liberation Front (PSLF)

22. Khun Kyar Nu

Representative

Shan Democratic Union (SDU)

23. Maha San

President

Wa National Organization (WNO)

24. U Maung Maung Latt

Member

Members of Parliament Union

Law

Burma Code

Burma Code Index A

NO.
PARTICULARS
LAWS
LAW
NO.
 
 VOL. 
REMARKS
1
Accidents Act,
Fatal
India Act 13/1855
IX
 
2
Accrual of Interest
(War-Time Adjustment) Act, 1947
11/47
X
Repeal by (Law No. 1/92)
on 19/2/92
3
Acquisition
(Mines) act, Land
India Act 18/1885
X
 
4
Acquisition
Act, land
India Act 1/1894
X
 
5
Adaptation
of Laws Order, 1948, Union of Burma
4/1/48
I
 
6
Administration
of Public Funds Act
India Act 3/43
IX
 
7
Administrator
General's Act
India Act 3/13
XI
 
8
Adoptions Act,
Registration of Kittima
14/39
XI
 
9
Adulteration
Act, Ghee
6/17
IV
Repeal by (Law No. 1/92)
on 19/2/92
10
Agricultural
Debts Moratorium Act, 1947
24/47
X
Repeal by (Law No. 1/92)
on 19/2/92
11
Agricultural
Produce Markets act
17/41
IV
 
12
Agriculturists
Loans Act
India act 12/1884
IV
Repeal by (Law No. 1/92)
on 19/2/92
13
Air Act, Burma
Carriage by
 
VII
 
14
Air Force (Discipline)
Act, Burma
45/47
II
Repeal by (Law No. 43/59)
on 1/7/60.
15
Air Force (Discipline)
Act, Burma Volunteer
3/41
II
Repeal by (Law No. 1/92)
on 19/2/92
16
Aircraft act,
Burma
India Act 22/34
VII
 
17
Alienation Act,
Land
12/39
X
Repeal by (Law No. 1/92)
on 19/2/92
18

Amendment act,
1951, Constitution
62/51
I
 
19
Anand Marriage
act
India Act 7/09
XI
 
20
Ancient Monuments
Preservation Act
India Act 7/04
IV
Repeal by (Law No. 15/57)
on 28/3/57.
21
Animal Pests
Act
9/93
IV
Repeal by (Law No. 17/93
on 25/11/93.
22
Animals Act,
Prevention of Cruelly to
2/30
IV
Repeal by (Law No. 17/93
on 25/11/93.
23
Anti-boycott
act
5/22
I
Repeal by (Law No. 1/92)
on 19/2/92
24
Application
act, 1950, Towns Amendment act
 
XIII
 
25
Application
act, 1951, Primary Education Act
 
XIII
 
26
Application
act, 1952, Urban Rent Control Act
 
XIII
 
27
Apprentices
act
India Act 19/1850
V
Repeal by (Law No. 1/92)
on 19/2/92
28
Arbitration
(Protocol and Convention) Act
India Act 6/37
XI
 
29
Arbitration
Act, 1944
4/44
XI
 
30

Armament Act,
Naval
India Act 7/23
II
 
31

Arms (Temporary
Amendment) Act
51/51
II
 
32

Arms act
India Act 11/1878
II
 
33
Army (Suspension
of Sentences) Act, Burma
 
II
Repeal by (Law No. 43/59)
on 1/7/60)
34
Army Act, Burma  
II
Repeal by (Law No. 43/59)
on 1/7/60
35
Army Act, Tolls India Act 2/01
VII
 
36
Assurance Companies
Act, Life
India Act 6/12
IX
Repeal by (Law No. 4/93)
on 31/3/93.
37
Attorney act,
Powers of
India Act 7/1882
IX
 
38

Auxiliary Force
act, Burma
 
II
 
39
Auxiliary Service
(Burma) Act, Women's
 
II
 
 

Burma Code Index B

NO.
PARTICULARS
LAWS
LAW
NO.
 
 VOL. 
REMARKS
1 Bankers' Books
(Inspection) Act
46/47
II
Repeal by (Law No. 1/92)
on 19/2/92
2 Bankers' Books
Evidence Act
India Act 18/1891
XII
 
3 Banks act, Government
Savings
India Act 5/1873
III
Repeal by (Law No. 5/92)
on 12/6/92.
4 Bar Council
Act
India Act 38/26
XI
 
5 Basket Standardization
Act, Measuring
1/39
V
 
6 Betting Tax
Act
9/28
II
Repeal by (Law No. 1/92)
on 19/2/92
7 Bills of Lading
Act
India Act 9/1856
VII
 
8 Births, Deaths
and marriages Registration Act
India Act 6/1886
IV
Repeal by (Law No. 1/92)
on 19/2/92
9 Births, Deaths
and Marriages Registration Act, 1943
26/43
IV
Repeal by (Law No. 1/92)
on 19/2/92
10 Boilers act India Act 5/23
V
Repeal by (Law No. 3/84)
on 28/3/84.
11 Bonded Warehouses
Act, Inland
India act 8/1896
III
Repeal by (Law No. 1/92)
on 19/2/92
12 Boundaries Act India Act 5/1880
X
 
13 Buildings (Regulation
of Construction and Repair) (Amendment) Act, 1918
 
XIII
 
14 Buildings (Regulation
of Construction and Repair) Act
2/46
IV
Repeal by (Law No. 5/93)
on 1/4/93.
15 Buildings Act,
Government
India Act 4/1899
VI
Repeal by (Law No. 5/93)
on 1/4/93.
16 Burma Agriculturists
Debt Relief act
72/47
X
Repeal by (Law No.4/93)
on 31/3/93
17 Burma Air Force
(Discipline) Act
45/47
II
Repeal by (Law No. 43/59)
on 1/7/60
18 Burma Aircraft
act
India Act 22/34
VII
 
19 Burma Army (Suspension
of Sentences) Act
 
II
Repeal by (Law No. 43/59)
on 1/7/60
20 Burma Army Act  
II
Repeal by (Law No. 43/59)
on 1/7/60
21
Burma Auxiliary
Force Act
 
II
 
22 Burma Carriage
by Air Act
India Act 20/34
VII
 
23 Burma Carriage
of Goods by Sea Act
India Act 26/25
VII
 
24 Burma Census
Act
5/40
IV
Repeal by (Law No. 1/720
on 28/4/72.
25 Burma Companies
Act
India Act 7/13
IX
 
26 Burma Copyright
Act
India Act 3/14
X
 
27 Burma Divorce
Act
India Act 4/1869
XI
 
28
Burma Excise Act
5/17
III
 
29
Burma Extradition
Act
India Act 15/03
I
 
30 Burma General
Clauses Act
1/1898
I
Repeal by The 1973 Interpretation
of Expressions Law (Law No. 22/73) on 5/12/73
31 Burma Immigration
(Emergency Provisions) (Extension) Act, 1949
25/49
XIII
 
32
Burma Immigration
(Emergency Provisions) Act
31/47
I
 
33 Burma Income-tax
Act
India Act 11/22
III
Repeal by (Law No. 1/92)
on 19/2/92
34 Burma Indemnity
and Validating Act, 1945
18/45
I
Repeal by (Law No. 1/92)
on 19/2/92
35 Burma Insolvency
Act
India Act 5/20
XI
 
36 Burma Saving
act
30/45
IV
Repeal by (Law No. 1/92)
on 19/2/92
37 Burma Land Purchase
Act
14/41
X
Repeal by (Law No. 1/92)
on 19/2/92
38 Burma Laws (Adaptation)
Act
27/40
I
Repeal by (Law No. 1/92)
on 19/2/92
39 Burma Lighthouse
Act
2/37
VII
 
40 Burma Medical
Act
1/15
IV
Repeal by (Law No. 54/57)
on 21/10/57.
41 Burma Medical
Degrees Act
India Act 7/16
IV
 
42 Burma Merchandise
Marks Act
India Act 4/1889
V
 
43 Burma Merchant
Shipping Act
India Act 21/23
VII
 
44 Burma Military
Nursing Service Act
26/45
II
Repeal by (Law No. 1/92)
on 19/2/92
45 Burma Motor Vehicles
Act
India Act 8/14
VII
Repeal by (Law No. 17/64)
on 1/2/65.
46 Burma Naval Discipline
Act
81/47
I
Repeal by (Law No. 43/59)
on 1/7/60
47 Burma Naval Volunteer
Reserve (Discipline) Act
15/40
II
Repeal by (Law No. 1/92)
on 19/2/92
48
Burma Official
Secrets Act
India Act 19/23
II
 
49
Burma Passport
Act
India Act 34/20
I
 
50 Burma Patents
and Designs (Emergency Provisions) Act, 1946
1/46
X
 
51 Burma Patents
and Designs act, 1945
5/45
X
Repeal by (Law No. 4/93)
on 31/3/93
52 Burma Post Office
Act
India Act 6/1898
VII
 
53 Burma Registration
of Ships Act
India Act 10/1841
VII
 
54
Burma Reserve
Forces Act
 
II
 
55 Burma Ruby Regulation,
Upper
Regulation 12/1887
V
Repeal by (Law No. 8/94)
on 6/9/94.
56 Burma Salt Act  
III
 
57 Burma Small Cause
Courts Act
9/1887
I
Repeal by (Law No. 13/74)
on 26/11/74
58 Burma Stamp (Amendment)
(Validating) Act
19/47
III
Repeal by (Law No. 1/92)
on 19/2/92
59
Burma Stamp Act
India Act 2/1899
III
 
60 Burma Telegraph
Act
India Act 13/1885
VII
 
61
Burma Territorial
Force Act
 
II
 
62 Burma Volunteer
Air Force (Discipline) Act
3/41
I
Repeal by (Law No. 1/92)
on 19/2/92
63 Burma Wireless
Telegraphy Act
India Act 17/33
VII
 

Burma Code Index C

NO.
PARTICULARS
LAWS
LAW
NO.
VOL.
REMARKS
1
Canal Act 2/05
IV
2
Cantonments
(House Accommodation) Act
India Act 6/23
VI
 
3
Cantonments
Act
India Act 2/24
VI
 
4
Carriage Act,
Hackney
India Act 14/1879
VII
Repeal by (Law No. 5/93)
on 1/4/93.
5
Carriage by
Air Act, Burma
India Act 20/34
VII
 
6
Carriage of
Goods by Sea Act, Burma
India Act 26/25
VII
 
7
Carriages Act,
Rangoon Hackney
4/17
VII
 
8
Carriages act,
Stage
India Act 16/1861
VII
Repeal by (Law No. 1/92)
on 19/2/92
9
Carriers Act India Act 3/1865
VII
 
10
Cash Certificates
Act, Post Office
India Act 18/17
III
Repeal by (Law No. 1/92)
on 19/2/92
11
Caste Disabilities
Removal act
India Act 21/1850
XI
 
12
Cattle Slaughter
Prohibition act
52/47
IV
Repeal by (Law No. 5/93)
on 1/4/94.
13
Cattle Trespass
Act
India Act 1/1871
IV
Repeal by (Law No. 11/85)
on 7/11/85.
14
Census Act,
Burma
5/40
IV
Repeal by (Law No. 1/72)
on 28/4/72.
15
Cess Act, Cotton India Act 14/23
V
Repeal by (Law No. 1/92)
on 19/2/92
16
Cess Act, Lac India Act 24/30
V
Repeal by (Law No. 1/92)
on 19/2/92
17

Cesses Act,
District
India act 2/1880
III
 
18
Charitable and
Endowments Act
India Act 6/1890
IX
Repeal by (Law No. 1/92)
on 19/2/92
19
Charitable and
Religious Trusts Act
India Act 14/20
IX
 
20
Child Marriage
Restraint Act
India Act 19/29
XI
Repeal by (Law No. 1/92)
on 19/2/92
21
Children (Pledging
of Labour) Act
India Act 2/33
V
Repeal by (Law No. 1/92)
on 19/2/92
22
Chin Special
Division (Extension of Laws) Act, 1948
48/48
XIII
 
23
Christian Marriage
Act
India Act 15/1872
XI
 
24
Church of Scotland
Kick Session Act
India Act 23/1899
XI
Repeal by (Law No. 1/92)
on 19/2/92
25
Cigarettes Duty
Act
2/31
III
Repeal by (Law No. 1/92)
on 19/2/92
26
Cinematograph
Act
India Act 2/18
IV
 
27
City Civil Court
Act, Rangoon
7/20
I
Repeal by (Law No. 1/92)
on 19/2/92
28
City of Rangoon
Municipal Act
6/22
VI
 
29
Civil Procedure,
Code of
India Act 5/08
XII
 
30
Claims Act,
Waste Lands
India Act 23/1863
X
Repeal by (Law No. 1/92)
on 19/2/92
31
Code of Civil
Procedure
India Act 5/08
XII
 
32
Code of Criminal
Procedure
India Act 5/1898
VIII
 
33
Code of Criminal
Procedure (Temporary Provisions) Act, 1954
7/54
VIII
Repeal by The Code of
Criminal Procedure (Temporary Provisions) Act, 1957 (43/57)
on 15/10/57.
34
Code, Penal  
VIII
 
35
Collection of
Taxes Act, Provisional
India Act 16/31
III
Repeal by (Law No. 1/92)
on 19/2/92
36
Commissioners
Act, Financial
14/28
III
Repeal by (Law No. 1/92)
on 19/2/92
37
Companies (War-time
Provisions) Act, 1945
25/45
IX
Repeal by (Law No. 1/92)
on 19/2/92
38
Companies Act, Burma India Act 7/13
IX
 
39
Companies Act,
Insurance
India Act 20/28
IX
Repeal by (Law No. 1/92)
on 19/2/92
40
Companies Act,
Life Assurance
India Act 6/12
IX
Repeal by (Law No. 4/93)
on 31/3/93.
41
Companies Act,
Railway
India Act 10/1895
VII
Repeal by (Law No. 1/92)
on 19/2/92
42
Companies Foreign
interests Act
India Act 20/18
IX
Repeal by (Law No. 4/93)
on 31/3/93.
43
Compensation
Act, Workmen's
India Act 8/23
V
 
44

Constitution
Amendment Act, 1951
62/51
I
 
45

Contempt of
Courts Act
India Act 12/26
I
 
46
Contract Act India Act 9/1872
IX
 
47
Contributory
Provident Funds Act
7/43
IX
Repeal by (Law No. 4/93)
on 31/3/93.
48
Control Act,
1948, Urban Rent
6/48
X
8/10/59 &ufae@ txdom
tm%mwnfonf?
49
Control of Imports
and Exports (Temporary) Act
56/47
III
 
50
Co-operative
Societies Act
6/27
IX
Repeal by (Law No. 15/56)
on 17/3/56.
51
Copyright Act,
Burma
India Act 3/14
X
 
52
Cotton Cess
Act
India Act 14/23
V
Repeal by (Law No. 1/92)
on 19/2/92
53
Cotton Industry
Statistics Act
India Act 20/26
V
Repeal by (Law No. 1/92)
on 19/2/92
54
Cotton Transport
Act
India act 20/26
V
Repeal by (Law No. 4/93)
on 31/3/93.
55
Council Act,
Bar
India Act 38/26
XI
 
56
Court Act, Rangoon
City Civil
7/20
I
Repeal by (Law No. 1/92)
on 19/2/92
57
Court Fees Act India Act 7/1870
XII
 
58
Courts Act,
Burma Small Cause
9/1887
I
Repeal by (Law No. 13/74)
on 26/11/74
59
Criminal Procedure
(Temporary Provisions) Act, 1954, Code of
7/54
VIII
Repeal by The Code of
Criminal Procedure (Temporary Provisions) Act, 1957 (43/57)
on 15/10/57.
60
Criminal Procedure,
Code of
India Act 5/1898
VII
 
61
Currency (Evaluation)
Act, Japanese
36/47
III
 
62
Custodian of
Moveable Property Act
10/45
X
 
63

Customs Act,
Land
India Act 19/24
III
 
64

Customs act,
Sea
India Act 8/1878
III
 

Burma Code Index D

NO.
PARTICULARS
LAWS
LAW
NO.
 
 VOL. 
REMARKS
1
Dangerous
Drugs Act
India act 2/30
IV
Repeal by (Law No. 1/92)
on 19/2/92
2
Daylight
Saving Act, Burma
30/45
IV
Repeal by (Law No. 1/92)
on 19/2/92
3
Deaths and
Marriages Registration act, 1943, Births
26/43
IV
Repeal by (Law No. 1/92)
on 19/2/92
4
Deaths and
Marriages Registration Act, Births
India Act 6/1886
IV
Repeal by (Law No. 1/92)
on 19/2/92
5

Default Act,
Public Accountants
India Act 12/1850
I
 
6

Defence act,
Works of
India Act 7/03
II
 
7
Defile Traffic
Act
8/07
VII
 
8
Degrees Act,
Burma Medical
India Act 7/16
IV
 
9
Designs Act,
1945, Burma Patents and
5/45
X
Repeal by (Law No. 4/93)
on 31/3/93.
10

Destruction
of Records Act
India Act 5/17
I
 
11
Development
Trust Act, Rangoon
5/20
IV
 
12
Diseases
Act, Epidemic
India Act 3/1897
IV
Repeal by (Law No. 1/95)
on 20/3/95.
13
Disposal
of Police Officers' Estates Act
8/22
I
Repeal by (Law No. 1/92)
on 19/2/92
14
Disposition
of Property Act, Hindu
India Act 15/16
XI
 
15
Disputes
Act, Trade
India Act 7/29
V
 
16
Dissolution
act, Native Converts' Marriage
India Act 21/1866
XI
Repeal by (Law No. 1/92)
on 19/2/92
17

District
Cesses Act
India Act 2/1880
III
 
18
Divorce Act,
Burma
India Act 4/1869
XI
 
19
Divorce Act,
Parsi Marriage and
India Act 3/36
XI
 
20
Dock Labourers
act
India Act 19/34
V
 
21
Dock Workers
(Regulation of Employment) Act
3/48
V
 
22
Dourine act India Act 5/10
IV
Repeal by (Law No. 17/93)
on 25/11/93.
23
Dramatic
Performances Act
India Act 19/1876
IV
Repeal by (Law No. 1/92)
on 19/2/92
24
Drugs (Amendment)
Act, 1949, Food and
63/49
IV
Repeal by (Law No. 1/92)
on 19/2/92
25
Drugs act,
Dangerous
India Act 2/30
IV
Repeal by (Law No. 1/92)
on 19/2/92
26
Drugs Act,
Food and
10/28
IV
Repeal by (Law No. 1/92)
on 19/2/92
27
Duties act,
Iron and Steel
India Act 31/34
III
Repeal by (Law No. 1/92)
on 19/2/92
28
Duty Act,
Cigarettes
2/31
III
Repeal by (Law No. 1/92)
on 19/2/92
29
Duty Act,
Matches Excise
India Act 16/34
III
Repeal by (Law No. 1/92)
on 19/2/92
30
Duty act,
silver Excise
India Act 18/30
III
Repeal by (Law No. 1/92)
on 19/2/92

Burma Code Index E

XIII
NO.
PARTICULARS
LAWS
LAW
NO.
 
 VOL. 
REMARKS
1
Education
(Temporary Amendment) Act, 1950, Primary
21/50
IV
Repeal by (Law No. 17/73)
on 29/10/73.
2
Education
Act Application act, 1951, Primary
  XIII  
3
Education
act, Primary
20/40
IV
Repeal by (Law No. 17/73)
on 29/10/73.
4
Electricity
Act
India Act 9/10 V Repeal by (Law No. 7/84)
on 22/10/84.
5
Embankment
Act
4/09
IV
 
6

Emergency
Powers Act, Press
India Act 23/31 II  
7
Emergency
Provisions Act, 1916, Burma Patents and Designs
5/45
X
Repeal by (Law No. 4/93)
on 31/3/93.
8

Emergency
Provisions Act, Burma Immigration
31/47 I  
9

Emergency
Provisions Act, Requisitioning
 
II
 
10
Emigration
Act
India Act 7/22 V Repeal by (Law No. 1/92)
on 19/2/92
11
Endowments
Act, Charitable
India Act 6/1890
IX
Repeal by (Law No. 1/92)
on 19/2/92
12
Entertainment
Tax Act
48/47 III Repeal by (Law No. 1/92)
on 19/2/92
13
Epidemic
Diseases Act
India Act 3/1897
IV
Repeal by (Law No. 1/95)
on 20/3/95.
14

Essential
Supplies and Services Act
47/47 II  
15
Estates Act,
Disposal of Police Officers'
8/22
I
Repeal by (Law No. 1/92)
on 19/2/92
16
Estates Act,
Government Management of Private
India Act 10/1892 X Repeal by (Law No. 5/93)
on 1/4/93.
17
Evidence
Act
India Act 1/1872
XII
 
18
Evidence
Act, Bankers' Books
India Act 18/1891 XII  
19

Exchange
Regulation Act, Foreign
 
III
 
20

Excise Act,
Burma
5/17 III  
21
Excise Duty
Act, Matches
 
III
 
22
Excise Duty
Act, Silver
India Act 18/30 III Repeal by (Law No. 1/92)
on 19/2/92
23
Excise Duty
Act, Sugar
India Act 14/34
III
Repeal by (Law No. 1/92)
on 19/2/92
24
Exemption
Act, 1947, War-Time Crimes
47/46 VIII Repeal by (Law No. 1/92)
on 19/2/92
25
Explosives
Act
India Act 4/1884
V
 
26
Explosives
Substances Act
India Act 6/08 II  
27
Expulsion
of Offenders Act
India Act 1/26
II
Repeal by (Law No. 1/92)
on 19/2/92
28
Extension
Act, 1949, Burma Immigration (Emergency Provisions)
25/49 XIII  
29
Extension
Act, 1949, Foreigners
11/49
XIII
 
30
Extension
Act, 1949, Registration (Temporary Porvisions) (Amendment)
56/49 XIII rl&if;Oya' (Oya'trSwf
9/47) rSm tm%mwnfjcif;rS &yfpJoGm;+yD;jzpfojzifh tvdktavsmuf
&kyfodrf;oGm;+yD;jzpfygonf?
31
Extension
Act, 1949, Registration of Foreigners
20/49
XIII
 
32
Extension
of Laws Act, 1948, Chin Special Division
48/48 XIII  
33
Extension
of Laws Act, 1948, States
50/48
XIII
 
34
Extension
of Laws Act, 1949 Salween District
61/49 XIII  
35
Extension
of Laws Act, 1949, Karenni State
35/49
XIII
 
36
Extension
of Laws Act, 1949, States
15/49  
37

Extradition
Act, Burma
India Act 15/03
I
 

Burma Code Index F

NO.
PARTICULARS
LAWS
LAW
NO.
 
 VOL. 
REMARKS
1
Fairways
act, Obstructions in
India Act 16/1881

VII
 
2 Farcy Act,
Glanders and
India Act 13/1899

IV
Repeal by (Law No. 17/93)
on 25/11/93.
3 Fatal accidents
Act
India Act 13/1855

IX
 
4 Fees Act,
Court
India Act 7/1870

XII
 
5 Fees Act,
Process
1/10

XII
 
6 Ferries Act 2/1898

VII
Repeal by (Law No. 5/93)
on 1/4/93.
7 Finance Supplementary
and Extending Act, 1931
Governor-General's Act
1931

III
Repeal by (Law No. 1/92)
on 19/2/92
8 Financial
Commissioners Act
14/28

III
Repeal by (Law No. 1/92)
on 19/2/92
9 Fisheries
Act
3/05

III
Repeal by (Law No. 1/92)
on 19/2/92
10 Food and
Drugs (Amendment) Act, 1949
63/49

IV
Repeal by (Law No. 1/92)
on 19/2/92
11 Food and
Drugs Act
10/28

IV
Repeal by (Law No. 1/92)
on 19/2/92
12
Foreign Exchange
Regulation Act
44/47

III
 
13 Foreign Interests
Act, Companies
India Act 20/18

IX
Repeal by (Law No. 4/93)
on 31/3/93.
14 Foreign Marriage
act
India Act 14/03

XI
Repeal by (Law No. 1/92)
on 19/2/92
15 Foreign Recruiting
Act
India Act 4/1874

I
Repeal by (Law No. 1/92)
on 19/2/92
16
Foreign Relations
Act
India Act 12/32

I
 
17 Foreigners
(Extension) Act, 1949
11/49

XIII
 
18 Foreigners
(Extension) Act, 1949, Registration of
20/49

XIII
 
19
Foreigners
Act
India Act 3/1864

I
 
20
Foreigners
Act, Registration of
7/40

I
 
21 Forest Act 4/02

III
Repeal by Forest Law
(Law No. 8/92) on 3/11/92.
22 Free Medical
Attendance Act, 1951
 

XIII
 
23 Funds Act,
Provident
India Act 19/25

IX
Repeal by (Law No. 1/92)
on 19/2/92

Burma Code Index G

NO.
PARTICULARS
LAWS
LAW
NO.
VOL.
REMARKS
1
Gambling
Act
1/1899
VIII
Repeal by (Law 6/86)
on 20/10/86.
2
General
Clause , Burma
 
I
 
3
Geneva
Convention Implementing Act
India Act 14/36
V
 
4
Ghee
Adulteration Act
6/17
IV
Repeal by (Law No. 1/92)
on 19/2/92
5
Glanders
and Farcy Act
India Act 13/1899
IV
Repeal by (Law No. 17/93)
on 25/11/93.
6
Goods
Act, Arial">Salef
India Act 3/30
X
 
7
Goods
by Sea Act, Burma Carriage of
India Act 26/25
VII
 
8
Government
Buildings act
India Act 4/1899
VI
Repeal by (Law No. 5/93)
on 1/4/93.
9
Government
Management of Private Estates Act
India Act 10/1892
X
Repeal by (Law No.5/93)
on 1/4/93.
10
Government
Savings Banks Act
India Act 5/1873
III
Repeal by (Law No. 5/92)
on 12/6/92.
11

Government
Securities Act
India Act 10/20
III
 
12
Grants
act, State
India act 15/1895
X
 
13
Gratuities
Act, Local Authorities Pensions and
India Act 1/19
VI
Repeal by (Law No. 1/92)
on 19/2/92
14
Guardians
and Wards Act
India Act 8/1890
XI
 

Burma Code Index H

NO. PARTICULARS LAWS LAW NO.
VOL.
REMARKS
1

Hackney Carriage Act
India
Act 14/1879
VII
Repeal by (Law No. 5/93) on 1/4/93.
2

Hackney Carriages Act, Rangoon
4/17
VII
 
3

Highways Act
5/07
VII
 
4

Hindu Disposition of Property Act
India
Act 15/16
XI
 
5

Hindu Gains of Learning Act
India
Act 30/30
XI
 
6

Hindu Inheritance (Removal of Disabilities) Act
India
Act 12/28
XI
 
7

Hindu Law of Inheritance Amendment Act
India
Act 2/29
XI
 
8

Hindu Widows' Re-marriage Act
India
Act 15/1856
XI
 
9

House Accommodation Act, Cantonments
India
Act 6/23
VI
 
10

Hyacinth Act, Water
1/17
IV
Repeal by (Law No. 1/92) on 19/2/92

Burma Code Index I

NO. PARTICULARS LAWS LAW NO.
VOL.
REMARKS
1

Identification
of Prisoners Act
 
I
 
2
Immigration
(Emergency Provisions) (Extension) Act, 1949, Burma
 
XIII
 
3

Immigration
(Emergency Provisions)
Act, Burma
31/47
I
 
4
Immoveable Property
(Restriction) Act, Transfer of
 
I
Repeal by (Law No. 1/87) on 16/3/87.
5
Importation
Act Live Stock
 
IV
 
6
Imports and
Exports (Temporary) Act, Control of
56/47
III
 
7
Income-tax Act,
Burma
India
Act 11/22
III
Repeal by (Law No. 1/92)
on 19/2/92
8
Indemnity and
Validating Act, 1945, Burma
18/45
I
Repeal by (Law No. 1/92)
on 19/2/92
9
Industries Act,
S
 
V
 
10
Inheritance
Disabilities (Removal of ) Act, Hindu
India
Act 12/28
XI
 
11
Inland Bonded
Act
 
III
Repeal by (Law No. 1/92)
on 19/2/92
12
Inland steam
Act
India
Act 1/17
VII
 
13

Inquires Act,
Public servants
India
Act 37/1850
I
 
14
Insects and
Pests Law
India
Act 2/14
IV
Repeal by (Law No. 8/93)
on 16/6/93.
15
Insolvency Act,
Burma
India
Act 5/20
XI
 
16
Insolvency Act,
Rangoon
India
Act 3/09
XI
 
17
Inspection Act
Bankers' Books
46/47
II
Repeal by (Law No. 1/92)
on 19/2/92
18
Instruments
Act, gotiable
 
X
 
19
Insurance Companies
Act
India
Act 20/28
IX
Repeal by (Law No. 1/92)
on 19/2/92
20
Insurance Societies
Act, Provident
India
Act 5/12
IX
Repeal by (Law No. 4/93)
on 31/3/93.
21
Interest Act India
Act 32/1839, 28/1855
X
 
22
Interest War-time
Adjustment Act, 1947, Accrual of
11/47
X
Repeal by (Law No. 1/92)
on 19/2/92
23
Iron and Steel
Duties Act
India
Act 31/34
III
Repeal by (Law No. 1/92)
on 19/2/92

Burma Code Index J

NO. PARTICULARS LAWS LAW NO.
VOL.
REMARKS
1
Japanese
Currency (Evaluation) Act
36/47
III
Repeal by (Law No. 1/92)
on 19/2/92
2
Judiciary
Act, Union
8/48
I
Repeal by (Law No. 13/74)
on 26/11/74
3
Judiciary
Officers Protection Act
Indiac Act 18/1850
I
 

Burma Code Index K

NO. PARTICULARS LAWS LAW NO.
VOL.
REMARKS
1
Karenni
State (Extension of Laws) Act, 1949
35/49
XIII
 
2
Karenni
State Public Order (Preservation) Act, 1950

 

XIII
 
3
Kazis
Act
India Act 12/1880
XI
 
4
Kirk
Session Act, Church of Scotland
India Act 23/1899
XI
Repeal by (Law No. 1/92)
on 19/2/92
5
Kittima
Adoptions Act, Registration of
14/39
XI
 

Burma Code Index L

NO. PARTICULARS LAWS LAW NO.
VOL.
REMARKS
1
Labour Act,
Children Pledging of
India Act 2/33
V
Repeal by (Law No.
1/92) on 19/2/92
2
Labourers
Act, Dock
India Act 19/34
V
;
3
Lac Cess
Act
India Act 24/30
V
Repeal by (Law No.
1/92) on 19/2/92
4
Land Acquisition
(Mines) Act
India Act 18/1885
X
;
5
Land Acquisition
Act
India Act 1/1894
X
;
6
Land Alienation
Act
12/39
X
Repeal by (Law No. 1/92)
on 19/2/92
7

Land and
Revenue Act
India Act 2/1876
III
;
8

Land and
Revenue Regulation, Upper Burma
Regulation 3/1889
III
;
9

Land Customs
Act
India Act 19/24
III
;
10
Land Improvement
Loans Act
India Act 19/1883
IV
Repeal by (Law No. 1/92)
on 19/2/92
11
Land Purchase
Act, Burma
14/41
X
Repeal by (Law No.
1/92) on 19/2/92
12
Laws (Adaptation)
Act, Burma
;
I
Repeal by (Law No. 1/92)
on 19/2/92
13

Laws Act,
Burma
India Act 13/1898,
I
;
14
Laws Order,
1948, Union of Burma Adaptation of
;
I
;
15
Legal Practitioners
Act
India Act 18/1879
XI
;
16
Legal Representatives
Suits Act
India Act 12/1855
XI
;
17
Length Act,
Measures of
India Act 2/1889
V
;
18
Leprosy Act India Act 3/1898
IV
Repeal by (Law No. 1/92)
on 19/2/92
19
Liabilities
(war-time Adjustment) Act, 1945
19/45
X
Repeal by (Law No.
4/93) on 31/3/93
20
Life Assurance
Companies Act
India Act 6/12
IX
Repeal by (Law No. 4/93)
on 31/3/93.
21
Lighthouse
Act, Burma
2/37
VII
;
22
Limitation
Act
India Act 9/08
XII
;
23
Litigation
Act, Soldiers
India Act 4/25
II
Repeal by (Law No.
1/92) on 19/2/92
24
Live-stock
Importation Act
India Act 9/1898
IV
Repeal by (Law No. 17/93)
on 25/11/93.
25
Loans Act,
Agriculturists
India Act 12/1884
IV
Repeal by (Law No.
1/92) on 19/2/92
26
Loans Act,
Land Improvement
India Act 19/1883
IV
;
27
Loans Act,
Local Authorities
India Act 9/14
VI
Repeal by (Law No.
5/93) on 1/4/93.
28
Loans Act,
Usurious
India Act 10/18
X
;
29
Loans Act,
Weavers'
22/40
V
Repeal by (Law No.
12/77) on 10/9/77.
30
Local Authorities
(Suspension) Act
3/46
VI
Repeal by (Law No. 5/93)
on 1/4/93.
31
Local Authorities
Loans Act
India Act 9/14
VI
Repeal by (Law No.
5/93) on 1/4/93.
32
Local Authorities
Pensions and Gratuities Act
India Act 1/19
VI
Repeal by (Law No. 1/92)
on 19/2/92
33
Lower BurmaTown
and Village Lands Act
4/1898
X
;
34
Lunacy Act India Act 4/12
IV
;

Burma Code Index M

NO. PARTICULARS LAWS LAW NO.
VOL.
REMARKS
1
Maintenance
Orders Enforcement Act
India act 18/21
XI
Repeal by (Law No. 1/92)
on 19/2/92
2
Majority
Act
India Act 9/1875

XI
 
3
Management
of Private Estates Act, Government
India Act 10/1892
X
Repeal by (Law No. 5/93)
on 1/4/93.
4
Markets Act,
Agricultural Produce
17/41

IV
 
5
Marriage
Act, Anand
7/09
XI
 
6
Marriage
Act, Christian
India Act 15/1872

XI
 
7
Marriage
Act, foreign
India Act 14/03
XI
Repeal by (Law No. 1/92)
on 19/2/92
8
Marriage
Act, Special
India Act 3/1872

XI
 
9
Marriage
and Divorce act, Parsi
India Act 3/36
XI
 
10
Marriage
Dissolution Act, Native Converts
India Act 21/1866

XI
Repeal by (Law No. 1/92)
on 19/2/92
11
Marriage
Women's Property Act
 
XI
 
12
Matches (Excise
Duty) Act
India Act 16/34

III
Repeal by (Law No. 1/92)
on 19/2/92
13
Matches Act,
White Phosphorus
India Act 5/13
XI
Repeal by (Law No. 1/92)
on 19/2/92
14
Measures
of Capacity Act, Weights and
India act 31/1871

V
 
15
Measures
of Length Act
2/1889
V
 
16
Measuring
Basket Standardization Act
1/39

V
 
17
Medical Act,
Burma
1/15
IV
Repeal by (Law No. 54/57)
on 21/10/57.
18
Medical Attendance
Act, 1951, Free
 

XIII
 
19
Medical Degrees
Act, Burma
India Act 7/16
IV
 
20
Meetings
Act, Seditions
 

II
 
21
Merchandise
Marks Act, Burma
India Act 4/1889
V
 
22
Merchant
Shipping Act, Burma
India Act 21/23

VII
 
23
Metal Tokens
Act
India Act 1/1889
III
Repeal by (Law No. 1/92)
on 19/2/92
24
Midwives
and Nurses Act
10/22

IV
Repeal by (Law No. 19/90)
on 17/10/90.
25
Military
Nursing Service Act, Burma
26/45
II
Repeal by (Law No. 1/92)
on 19/2/92
26

Military
Police Act, Union
 

I
 
27
Mines Act India Act 4/23
V
Repeal by (Law No. 8/94)
on 6/9/94.
28
Mines Act,
Land sition
 

X
 
29
Money Lenders
Act
27/45
X
TOya'udk 1962 ckESpf/
aiGwdk;cspm;olrsm; Oya' (36/62) jzifh7kyfodrf;cJhaomfvnf;
,if;&kyfodrf;onfh Oya' (36/62) onf twnfrjzpfcJhonfhtjyif
1962 ckESpf/ aiGwdk;cspm;olrsm;Oya'udk Oya'rsm;('kwd,t}udrf)
&kyfodrf;onfhOya' (4/93) jzifh jyefvnf&kyfodrf;cJh+yD;
jzpfojzifh TOya'onf wnfqJOya'tjzpfwnf&Sdonf?
30
Monthly Leasses
(Termination) Act, 1946
49/46

X
Repeal by (Law No. 1/92)
on 19/2/92
31
Monuments
, Ancient
India Act 7/04
IV
Repeal by (Law No. 15/57)
on 28/3/57.
32
Moratorium
Act, Debt
24/47

X
Repeal by (Law No. 1/92)
on 19/2/92
33
Motor Spirit
Duties Act
India Act 2/17
III
Repeal by (Law No. 1/92)
on 19/2/92
34
Motor Transport
Services Act, Railways
22/47

VII
Repeal by (Law No. 1/92)
on 19/2/92
35
Motor Vehicles
Act, Burma
India Act 8/14
VII
Repeal by (Law No. 17/64)
on 1/2/65.
36
Movable Property
Act, Custodian of
10/45

X
 
37
Municipal
Act
3/1898
VI
Repeal by (Law No. 5/93)
on 1/4/93.
38
Municipal
act, City of Rangoon
6/22

VI
 
div align="center">39 Municipal
Taxation Act
 
VI
 
40
Mussalman
Wakf Act
India Act 42/23

IX
 
41
Mussalman
Wakf Validating Act
India Act 6/13
XI
 

Burma Code Index N

NO. PARTICULARS LAWS LAW NO.
VOL.
REMARKS
1
Native Converts'
Marriage Dissolution Act
India Act 21/1866
XI
Repeal by (Law No. 1/92)
on 19/2/92
2
Naval Armament
Act
 
II
 
3
Naval Discipline
Act, Burma
 
II
 
4
Naval Volunteer
Reserve (Discipline) Act, Burma
15/40
II
Repeal by (Law No. 1/92)
on 19/2/92
5 Negotiable Instruments
Act
India Act 26/1881
X
 
6 Nurses Act,
Midwives and
10/22
IV
Repeal by (Law No. 19/90)
on 17/10/90.
7 Nursing Service
Act, Burma Military
 
II
 

Burma Code Index O

NO. PARTICULARS LAWS LAW NO.
VOL.
REMARKS
1
Oaths Act India Act 10/1873
XII
 
2
Obstructions
in Fairways Act
India Act 16/1881
VII
 
3
Offenders
Act, Expulsion of
 
II
 
4
Offenders
Act, Young

 

I
Repeal
by The Child Law (Law No. 9/93) on 24/7/93.
5

Official
Secrets Act, Burma
 
II
 
6
Official
Trustees Act
India Act 2/13
IX
 
7
Oilfields
Act
1/18
V
 
8
Opium Act India Act 1/1878, 7/09
IV
Repeal by (Law No. 1/92)
on 19/2/92
9
Outports
Act
2/14
VII
 

Burma Code Index P

NO. PARTICULARS LAWS LAW NO.
VOL.
REMARKS
1
Parsi Marriage
and Divorce act
India Act 3/36
XI
 
2
Partition
Act
India Act 4/1893
IX
 
3
Partnership
Act
India Act 9/32
IX
 
4

Passport
Act, Burma
India Act 34/20
I
 
5
Patents and
Designs (Emergency Provisions) Act, 1946, Burma
1/46
X
 
6
Patents and
Designs Act, 1945, Burma
5/45
X
Repeal by (Law No. 4/94)
on 31/3/93
7
Payment of
Wages Act
India Act 4/36
V
 
8
Penal Code
India Act 45/1860
VIII
 
9

Pensions
Act
India Act 23/1871
I
 
10
Pensions
Act, 1951, Shan State
 
XIII
 
11
Pensions
and Gratuities Act, Local Authorities
India Act 1/19
VI
Repeal by (Law No. 1/92)
on 19/2/92
12
Performances
Act, Dramatic
India Act 19/1876
IV
Repeal by (Law No. 1/92)
on 19/2/92
13
Pests Act,
Animal
9/39
IV
Repeal by (Law No. 17/93)
on 25/11/93.
14
Pests Act,
Insects and
India Act 2/14
IV
Repeal by (Law No. 8/93)
on 16/6/93.
15
Petroleum
Act
India Act 30/34
V
 
16
Phosphorus
Matches act, White
 
IV
 
17
Picketing
Act
India Act 23/32
II
Repeal by (Law No. 1/92)
on 19/2/92
18
Pilots Act India Act 12/1883
VII
Repeal by (Law No. 4/93)
on 31/3/93.
19
Pledging
of Labour Act, Children
India Act 2/33
V
Repeal by (Law No. 1/92)
on 19/2/92
20

Poisons act
India Act 12/19
IV
 
21
Police (Incitement
to Disaffection) Act
India Act 22/22,
I
Repeal by (Law No. 1/92)
on 19/2/92
22

Police act,
1945
6/45
I
 
23
Police Act,
Rangoon
4/1899
I
Repeal by (Law No. 1/92)
on 19/2/92
24

Police Act,
Union military
 
I
 
25
Port Act,
Rangoon
4/05
VII
 
26
Ports Act India Act 15/08
VII
 
27
Post Office
Act, Burma
India Act 6/1898
VII
 
28
Post Office
Cash certificates Act
India Act 18/17
III
Repeal by (Law No. 1/92)
on 19/2/92
29
Powers of
Attorney Act
India Act 7/1882
IX
 
30
Practitioners
Act, Legal
India Act 18/1879
XI
 
31
Present War
Termination (Definition) Act, 1946
12/46
I
Repeal by (Law No. 1/92)
on 19/2/92
32
Preservation
Act, Ancient Monuments
India Act 7/04
IV
Repeal by (Law No. 15/57)
on 28/3/57.
33

Press (Emergency
Powers) Act
India Act 23/31
II
 
34
Press (Registration)
Act
25/1867
II
Repeal by (Law No. 26/62)
on 5/10/62.
35
Prevention
of Cruelty to Animals act
2/30
IV
Repeal by (Law No. 17/930
on 25/11/93.
36
Primary Education
(Temporary Amendment) Act, 1950
21/50
IV
Repeal by (Law No. 17/73)
on 29/10/73.
37
Primary Education
Act
20/40
IV
Repeal by (Law No. 17/73)
on 29/10/73.
38
Primary Education
Act Application Act, 1951
 
XIII
 
39

Prisoners
act
India Act 3/1900
I
 
40

Prisoners
Act, Identification of
India Act 33/20
I
 
41

Prisons Act
India Act 9/1894
I
 
42
Private Estates
act, Government Management of
India Act 10/1892
X
Repeal by (Law No. 5/93)
on 1/4/93.
43
Process Fees
Act
1/10
XII
 
44
Prohibition
Act, Cattle Slaughter
52/47
IV
Repeal by (Law No. 5/93)
on 1/4/93.
45
Property
act, married Women's
India Act 3/1874
XI
 
46
Property
Act, Transfer of
India Act 4/1882
X
 
47

Protection
Act, Judicial Officers
India Act 18/1850
I
 
48

Protection
Act, Public Property
83/47
II
 
49
Protection
Act, Public Utilities
41/47
II
 
50
Protection
Act, Wild Life
7/36
IV
Repeal by (Law No. 6/940
on 8/6/94.
51
Protocol
and Convention Act, Arbitration
India Act 6/37
XI
 
52
Provident
Funds Act
India Act 19/25
IX
Repeal by (Law No. 1/92)
on 19/2/92
53
Provident
Funds Act, Contributory
7/43
IX
Repeal by (Law No. 4/93)
on 31/3/93.
54
Provident
Insurance Societies Act
India Act 5/12
IX
Repeal by (Law No. 4/93)
on 31/3/93.
55
Provisional
Collection of Taxes act
India Act 16/31
III
Repeal by (Law No. 1/92)
on 19/2/92
56

Public Accountants
Default Act
India Act 12/1850
I
 
57
Public Funds
Act, Administration of
India Act 3/43
IX
 
58
Public Order
(Preservation) Act
16/47
II
 
59
Public Order
(Preservation) act, 1950, Karenni State
 
XIII
 
60

Public Property
Protection Act
83/47
II
 
61

Public Servants
Inquiries Act
India Act 37/1850
I
 
62

Public Utilities
Protection Act
41/47
II
 
63
Purchase
Act, Burma Land
14/41
X
Repeal by (Law No. 1/92)
on 19/2/92

Burma Code Index R

NO. PARTICULARS LAWS LAW NO.
VOL.
REMARKS
1
Railways ( Motor Transport
Services ) Act
22/47
VII
Repeal by (Law No. 1/92)
on 19/2/92
2
Railways Act India Act 9/1890
VII
 
3
Railways Companies Act India Act 10/1895
VII
Repeal by (Law No. 1/92)
on 19/2/92
4
Rangoon City Civil Court Act 7/29
I
Repeal by (Law No. 1/92)
on 19/2/92
5
Rangoon Development Trust Act 5/20
IV
 
6
Rangoon Hackney Carriages Act 4/17
VII
 
7
Rangoon Insolvency Act India Act 3/09
XI
 
8
Rangoon Municipal Act, City
of
6/22
VI
 
9
Rangoon Police Act 4/1899
I
Repeal by (Law No. 1/92)
on 19/2/92
10
Rangoon Port Act 4/05
VII
 
11
Rangoon Water-woks Act India Act 19/1884
VI
 
12
Rangoon Zoological Gardens
Act
1/08
IV
Repeal by (Law No. 1/92)
on 19/2/92
13

Records Act, Destruction of
India Act 5/17
I
 
14
Recruiting Act, Foreign India Act 4/1874
I
Repeal by (Law No. 1/92)
on 19/2/92
15
Registration ( Temporary Provisions
) (Amendment ) ( Extension) Act, 1949
56/49
VIII
Original Law (Law no.
9/47) is already repeal.
16
Registration ( Temporary Provisions
) Act, 1987
9/47
X
Repeal by Order No. 68
dated 4/5/71 on 1/10/71
17
Registration Act India Act 16/08
X
 
18
Registration Act, 1943, Births,
Deaths and  Marriages
26/43
IV
Repeal by (Law No. 1/92)
on 19/2/92
19
Registration Act, Births, Deaths
and Marriages
India Act 6/1886
IV
Repeal by (Law No. 1/92)
on 19/2/92
20
Registration Act, Press 25/1867
II
Repeal by (Law No. 26/62)
on 5/10/62.
21
Registration Act, Societies India Act 21/1860
IX
Repeal by (Law No. 1/92)
on 19/2/92
22
Registration of Foreigners
(Extension) Act, 1949
 
XIII
 
23

Registration of Foreigners
Act
7/40
I
 
24
Registration of Kittima 
Adoption Act
14/39
XI
 
25
Registration of Ships Act,
Burma 
India Act 10/1841
VII
 
26
Regulation of Construction
and Repair (Amendment) Act, Buildings, 1948
 
XIII
 
27
Regulation of Construction
and Repair Act, Buildings
 
IV
 
28
Regulation of Employment Act,
Dock Workers
3/48
V
 
29
Regulation, State Prisoners  
I
Repeal by (Law No. 1/92) on 19/2/92
30

Regulation, Upper Burma Land
and Revenue
Regulation 3/1889
III
 
31
Regulation, Upper Burma Ruby Regulation 12/ 1887
V
Repeal by (Law No. 8/94)
on 6/9/94.
32

Relations Act, Foreign
India Act 12/32
I
 
33
Relief Act, Specific India Act 1/1877
XI
 
34
Religious Society Act India Act 1/1880
IX
 
35
Religious Trusts Act, Charitable
and
India Act 14/20
IX
 
36
Re-marriage Act, Hindu Widows'
15/1856
XI
 
37
Removal of Disabilities Act,
Hindu Inheritance
India Act 12/28
XI
 
38
Rent Control Act (Application
) Act, 1952, Urban
 
XIII
 
39
Rent Control Act, 1948, Urban 6/48
X
Only enfoce until 8/10/59
40

Requisitioning ( Emergency
Provisions ) Act
India Act 38/47
II
 
41

Reserves Forces Act, Burma
 
II
 
42
Restraint Act, Child Marriage India Act 19/29
XI
Repeal by (Law No. 1/92)
on 19/2/92
43
Restrictions Act, Transfer
of Immoveable Property
86/47
I
Repeal by (Law No. 1/87)
on 16/3/87.
44

Revenue Act, Land and
India Act 2/1876
III
 
45

Revenue Recovery Act
India Act 1/1890
III
 
46

Revenue Regulation, Upper Burma
Land and
 
III
 
47
Ruby Regulation, Upper Burma Regulation 12/1887
V
Repeal by (Law No. 8/94)
on 6/9/94.
48
Rural Self-Government Act 4/21
VI
 

Burma Code Index S

NO. PARTICULARS LAWS LAW NO.
VOL.
REMARKS
1
Sale of Goods
Act
India act 3/30
X
 
2
Salt Act,
Burma
2/17
III
Repeal by (Law No. 6/92)
on 18/2/92.
3
Salween
District ( Extension of Laws ) Act, 1949
61/49
XIII
 
4
Sanction
for Prosecution ( War-Time Offences ) Act, 1946
 
VIII
 
5
Savings
Banks Act, Government
India act 5/1873
III
Repeal by (Law No. 5/92)
on 12/6/92
6
Savings
Certificates Act
50/47
III
Repeal by (Law No. 5/92)
on 12/6/92.
7
Savings
Stamps Act
71/47
III
Repeal by (Law No. 1/92)
on 19/2/92
8

Sea Customs
Act
India Act 8/1878
III
 
9
Search
( Special Power ) Act
85/47
II
Repeal by (Law No. 1/92)
on 19/2/92
10

Securities
Act, Government
India Act 10/20
III
 
11
Seditious
Meetings Act
India Act 10/11
II
Repeal by (Law No. 1/92)
on 19/2/92
12
Self-Government
Act, Rural
4/21
VI
 
13
Shan State
Pensions Act, 1951
 
XIII
 
14
Shipping
Act, Burma Merchant
India Act 21/23
VII
 
15
Ships Act,
Burma Registration of
India Act 10/1841
VII
 
16
Silver (
Excise Duty ) Act
India Act 18/30
III
Repeal by (Law No. 1/92)
on 19/2/92
17
Slavery
Act
India Act 5/1845
XI
Repeal by (Law No. 1/92)
on 19/2/92
18
Small Cause
Courts Act, Burma
9/1887
I
Repeal by (Law No. 13/74)
on 26/11/74
19
Societies
Act, Co-operative
6/27
IX
Repeal by (Law No. 15/56)
on 17/3/56.
20
Societies
Act, Provident Insurance
India Act 5/12
IX
Repeal by (Law No. 4/93)
on 31/3/93
21
Societies
Act, Religious
India Act 1/1880
IX
 
22
Societies
Registration Act
India Act 21/1860
IX
Repeal by (Law No. 1/92)
on 19/2/92
23
Soldiers
Litigation Act
4/25
II
Repeal by (Law No. 1/92)
on 19/2/92
24
Special
Crimes (Tribunal) Act, 1947
53/47
VIII
Repeal by (Law No. 13/74)
on 26/11/74.
25
Special
Judges Act, 1946
9/46
VIII
Repeal by (Law 13/740
on 26/11/74.
26
Special
Marriage Act
India Act 3/1872
XI
 
27
Special
Power Act, Search
85/47
II
Repeal by (Law No. 1/92)
on 19/2/92
28
Specific
Relief Act
India Act 1/1877
XI
 
29
Stage Carriages
act
India Act 16/1861
VII
Repeal by (Law No. 1/92)
on 19/2/92
30

Stamps Act,
Burma
India Act 2/1899
III
 
31
State Aid
to Industries Act
23/39
V
Repeal by (Law No. 12/77)
on 10/9/77.
32
State Grants
Act
India Act 15/1895
X
 
33
State Prisoners
Regulation
Bengal Regulation 3/1818
I
Repeal by (Law No. 1/92)
on 19/2/92
34
States (Extension
of Laws) Act, 1948
50/48
XIII
 
35
States
(Extension of Laws) Act, 1949
15/49
XIII
 
36
Statistics
Act, Cotton Industry
India Act 20/26
V
Repeal by (Law No. 1/92)
on 19/2/92
37
Steam Vessels
Act, Inland
India Act 1/17
VII
 
38
Steel Duties
Act, Iron and
India Act 31/34
III
 
39
Succession
Act
India Act 39/25
XI
 
40
Sugar (Excise
Duty) Act
India Act 14/34,
III
Repeal by (Law No. 1/92)
on 19/2/92
41
Sugar Cane
act
India Act 15/34
V
Repeal by (Law No. 1/92)
on 19/2/92
42
Suits Act,
Legal Representatives
India Act 12/1855
XI
 
43
Suits Valuation
Act
India Act 7/1887
XII
 
44

Supplies
and Services Act, Essential
47/47
II
 
45
Suspension
Act, Local Authorities
3/46
VI
Repeal by (Law No. 5/93)
on 1/4/93.
46
Suspension
of Sentences act, Burma Army
 
II
Repeal by (Law No. 43/59)
on 1/7/60

Burma Code Index T

NO. PARTICULARS LAWS LAW NO.
VOL.
REMARKS
1

Tax Act, Betting
9/28 III Repeal by (Law No.
1/92) on 19/2/92
2

Tax Act, Burma Income
  III  
3

Tax Act, Entertainment
48/47 III Repeal by (Law No.
1/92) on 19/2/92
4

Taxation act, Municipal
India
Act 11/1881
VI Repeal by (Law No.
1/92) on 19/2/92
5

Taxes Act, Provisional Collection of
India
Act 16/31
III Repeal by (Law No.
1/92) on 19/2/92
6

Telegraph act, Burma
India
Act 13/1885
VII  
7

Telegraphy Act, Burma Wireless
India
Act 17/33
VII  
8

Tenancy Act, 1946
21/46 X Repeal by (Law No.
1/92) on 19/2/92
9

Territorial Force Act, Burma<
  II  
10

Tokens Act, Metal
India
Act 1/1889
III Repeal by (Law No.
1/92) on 19/2/92
11

Tolls (Army) Act
India
Act 2/01
VII  
12

Tolls Act
India
Act 8/1851
VII Repeal by (Law No.
13/85) on 7/11/85.
13

Town and Village Lands Act, Lower Burma
4/1898 X  
14

Towns (Amendment) Act Application Act, 1950
  XIII  
15

Towns act
3/07 VI  
16

Trade Disputes Act
India
Act 7/29
V  
17

Trade Unions Act
India
Act 16/26
V  
18

Traffic Act, Defile
8/07 VII  
19

Tramways Act
India
Act 11/1886
VII Repeal by (Law No.
1/92) on 19/2/92
20

Transfer of Immoveable Property (Restriction) Act
86/47 I Repeal by (Law No.
1/87) on 16/3/87.
21

Transfer of Property Act
  X  
22

Transport Act, Cotton
India
Act 3/23
V Repeal by (Law No.
4/93) on 31/3/93)
23

Treasure Trove Act
India
act 6/1878
X  
24

Trespass Act, Cattle
India
Act 1/1871
IV Repeal by (Law No.
11/850 on 7/11/85.
25

Tribunal Act, 1947, Special Crimes
53/47 VIII Repeal by (Law No.
13/74) on 26/11/74.
26

Trustees Act, Official
India
Act 2/13
IX  
27

Trusts Act
India
Act 2/1882
IX  
28

Trusts Act, Charitable and Religious
India
Act 14/20
IX  

Burma Code Index W

NO. PARTICULARS LAWS LAW NO.
VOL.
REMARKS
1
Wages Act,
Payment of
India Act 4/36
V
 
2
Wakf Act,
Mussalman
India Act 42/23
IX
 
3
Wakf Validting
Act, Mussalman
India Act 6/13
XI
 
4
War Termination
(Definition) Act, 1946, Present
12/46
I
Repeal by (Law No.
1/92) on 19/2/92
5
Wards act,
Guardians and
India Act 8/1890
XI
 
6
Warehouses
Act, Inland Bonded
India Act 8/1896
III
Repeal by (Law No.
1/92) on 19/2/92
7
War-time
Adjustment Act, 1945, Liabilities
19/45
X
Repeal by (Law No.
4/93) on 31/3/93
8
War-time
Adjustment Act, 1947, Accrual of Interest
11/47
X
Repeal by (Law No.
1/92) on 19/2/92
9
War-time
Crimes (Exemption) Act, 1947
47/46
VIII
Repeal by (Law No.
1/92) on 19/2/92
10
War-time
Offences Act, 1946, Sanction for Prosecution
26/46
VIII
Repeal by (Law No.
1/92) on 19/2/92
11
War-time
Provisions Act, 1945, Companies
25/45
IX
Repeal by (Law No.
1/92) on 19/2/92
12
Waste Lands
Claims Act
India Act 23/1863
X
Repeal by (Law No.
1/92) on 19/2/92
13
Water Act,
Underground
4/30
VI
 
14
Water Hyacinth
Act
1/17
IV
Repeal by (Law No.
1/92) on 19/2/92
15
Water Power
Act
11/27
V
 
16
Water-works
Act, Rangoon
India Act 19/1884
VI
 
17
Weavers'
Loans Act
22/40
V
Repeal by (Law No.
12/77) on 10/9/77.
18
Weights and
Measures of Capacity Act
India Act 31/1871
V
 
19
Whipping
Act
India Act 4/09
VIII
 
20
White Phosphorus
Matches Act
India act 5/13
IV
Repeal by (Law No.
1/92) on 19/2/92
21
Widows' Re-marriage
Act, Hindu
India Act 15/1856
XI
 
22
Wild Life
Protection Act
7/36
IV
Repeal by (Law No.
6/94) on 8/6/94.
23
Wireless
Telegraphy Act, Burma
India Act 17/33
VII
 
24
Women's Auxiliary
Service (Burma) Act
2/44
II
Repeal by (Law No.
1/92) on 19/2/92
25
Women's Property
Act, Married
India Act 3/1874
XI
 
26
Workmen's
Compensation Act
India Act 8/23
V
 
27
Works of
Defence Act
India Act 7/ 03
II
 

Burma Code Index Y/Z

NO. PARTICULARS LAWS LAW NO.
VOL.
REMARKS
1 Young Offender
Act
3/30
I
Repeal by The Child
Law (Law No. 9/93) on 24/7/93.
1
Zoological
Gardens Act, Rangoon
1/08
IV
Repeal by (Law No.
1/92) on 19/2/92

Burma Code Volume 1: The Burma Immigration (Emergency Provisions) Act 2

[BURMA ACT XXXI, 1947.]
(13th June, 1947.)

1. (1) This Act may be called the Burma Immigration (Emergency Provisions) Act, 1947.
(2) It shall come into force at once.

32. (1) In this Act unless there is anything repugnant in the subject or Definitions context -

(a) "carrier" includes the owner or charterer of a conveyance, the agent of such owner or charterer and also the person in charge of the conveyance.

(b) "Controller "means the Controller of Immigration;

(c) "conveyance" means anything used for transport from one place to another;

(d) "crew" means a person employed on or engaged in the working of a conveyance;

(e) "foreigner" means a person who is not a citizen of the Union Burma;

(f) "immigration official" means any official of the Immigration Department, who is not below the rank of a Sub-Inspector of Immigration.

(g) "immigration permit" includes a certificate or pass or any document, issued to a foreigner under this Act or the rules made thereunder, for entry into or stay in the Union of Burma;

(h) "passenger" , means any person who travels in any conveyance other than members of the crew;

(i) "prescribed" means prescribed by the President of the Union or by rules made by the President of the Union.

(2) The President of the Union may authorize any officer to exercise any or all of the powers of the Controller under this Act or rules made thereunder.

(3) The Controller may delegate any of his powers under this Act or the rules made thereunder to any immigration official.

13. (1) No foreigner shall enter the Union of Burma without an immigrant permit issued by the Controller or by any officer authorized to issue such permits or a valid passport duly viased by or only behalf of the President of the Union.

2(2) No citizen of the Union of Burma shall enter the Union without a valid Union of Burma Passport, or a certificate in lieu thereof, issued by compete, authority:

Provided that this section shall not apply to a person, who, in proceeding from one place in the Union of Burma to another place in the Union of Burma, traverses in the course of that journey any extra-territorial waters.

34. (1) Permits and passport visas * * * * shall be subject to such conditions as may be prescribed and also to such conditions as may be set out in the permit or visa * * * *.
(2) All such conditions shall be deemed to be conditions for allowing the holder of such permit or visa to enter or remain in the Union of Burma, and a breach of any of these conditions shall render the bolder liable to deportation from the Union of Burma if the President of the Union so directs.

44A. Where an affidavit is required for the purpose of issuing an immigration permit or passport visa, * * * the Controller or such other officer as may be authorized in this behalf by the President of the Union may administer the oath to the deponent.

35. (1) The carrier landing or embarking passengers at any seaport or airport in the Union of Burma shall furnish to such person and in such manner as the President of the Union may prescribe a return giving such particulars in respect of such passengers as may be required for the time being by order of the President of the Union and such passengers shall furnish the carrier with all the information required by him for the purpose of the return.

1(2) The carrier arriving in any seaport or airport in the Union of Burma shall furnish the Controller with a-

(a) schedule of expected arrivals and departures of conveyances for each week;

(b) list of crew on arrival and departure

(c) list of crew who are signed on or off.

1(3) The President of the Union may by order exempt from the provisions of this section any class of passengers or voyages, or any conveyance, or seaports and airports; and any such order may be withdrawn at any time at his discretion.

26. (1) No foreigner shall enter or leave the Union of Burma by any means except at such seaports, airports or land stations prescribed by the President of the Union.

(2) It shall be the duty of the carrier who brings in a conveyance to any seaport or airport or land station in the Union of Burma to stop the conveyance at such place as may he specified by an immigration official and not to remove the conveyance until clearance is granted by the immigration official.

(3) For examination of any conveyance on any official holidays or between 17:00 hours and 7:00 hours on other days, the carrier shall be liable to pay an over time fee fixed according to the rates that may be prescribed.

37. (1) Any foreigner who enters the Union of Burma, or who after entry remains in the Union of Burma, in contravention of the provisions of this Act or the rules made thereunder may, in lieu of or in addition to any punishment to which he may be subject under any other section of this Act be detained in such manner as the President of the Union may direct, and whilst so detained shall be deemed to be in legal custody and shall be liable to be deported by an order of the President of the Union or of such authority as may be appointed by him in that behalf.

4(2) The carrier who is responsible for the illegal entry of any foreigner against whom any order of deportation is subsequently issued under subsection (1) shall remove such foreigner from the Union of Burma.

8. The President of the Union may exempt any person or classes of persons from any or all of the provisions of the Act with or without conditions.

59. Nothing in this Act shall apply to any duly accredited head of a foreign diplomatic mission or members of his household, or to members of his official staff and their families, or to any consular representative in the Union of Burma and his family.

110. Any immigration official or any police officer may enter any place or conveyance and arrest without warrant any person whom he may reasonably suspect of contravening or having contravened or being about to contravene any of the provisions of this Act.

211. Fees may be charged for the issue of immigration permits or passport visas * * * at such rates as may he prescribed.

312. Any foreigner who has been brought into the Union of Burma an who is not entitled to enter the Union of Burma under the provisions of this Act or the rules made thereunder shall be detained by the carrier, who shall, if required at any time by any immigration official above the rank of Sub-Inspector of Immigration remove him from the Union of Burma. Such detention shall be deemed to be legal custody.

413. (1) Whoever enters or attempts to enter the Union of Burma or whoever after legal entry remains or attempts to remain in the Union of Burma in contravention of any of the provisions of this Act or the rules made there under or any of the conditions set out in any permit or visa * * * shall be liable on summary conviction to imprisonment for a term not exceeding one year or to fine or to both.

2(2) Whoever being the carrier knowingly brings or attempts to bring into the Union of Burma any person not authorized to enter the Union of Burma shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding Rs. 200 for every such person brought or attempted to be brought into the Union of Burma, or to both.

3(3) The carrier who omits to make the return required of him under section 5 of this Act or who makes a false return or who fails to carry out any duty laid upon him by this Act, shall be liable to imprisonment not exceeding three months or to a fine not exceeding Rs. 200, or to both.

2(4) Any passenger refusing to give any information required by the carrier under section 5 of this Act, or who gives false information for the purpose, shall be liable on conviction to imprisonment for a term not exceeding three months or to a fine not exceeding Rs. 200, or to both.

5(5) Whoever assists or attempts to assist any person to enter the Union of Burma illegally or knowing that a foreigner is remaining in the Union of Burma in contravention of any of the provisions of this Act or the rules made thereunder willfully assists or attempts to assist him to remain in the Union of Burma shall be liable on conviction to imprisonment for a term not exceeding six months or to fine or to both.

5(6) Whoever willfully suppresses information or gives false information to prevent the apprehension of any foreigner who has contravened any of the provisions of this Act or the rules made thereunder shall be liable on conviction to imprisonment for a term not exceeding six months or to fine or to both.

6(7) Whoever-
(a) uses or has in his possession any forged immigration permit or any immigration permit which bears any illegal obliteration, tampering or alteration in respect of any material particulars, or

(b) impersonate or falsely represents himself to be, or not to be, a person to whom an immigration permit has been issued, or with intent to obtain an immigration permit makes any false statements, shall be punished with imprisonment which may extend to twelve months or with fine or with both.

113A. If any question arises with reference to this Act or rules made there under whether a foreigner enters or remains in the Union of Burma legally, the onus of proving that he enters or remains in the Union of Burma legally shall, notwithstanding anything contained in the Evidence Act, be upon such foreigner.

113B. If any question arises with reference to this Act or rules made there under whether a person is or is not a foreigner, or is or is not a foreigner of a particular class, the onus of proving that such a person is not a foreigner or is not foreigner of such particular class, as the case may be, shall, notwithstanding anything contained in the Evidence Act, be upon such person.

214. (1) No magistrate other than a first class magistrate or a sub divisional magistrate shall try cases under this Act.

(2) The magistrate trying the case my direct any portion of the fine levied under section 13 to be paid to any person who has contributed in any way to the arrest and conviction.

315. (1) Every order of deportation made tinder this Act shall remain in force until it is revoked by the President of the Union or by such authority as the President of the Union may appoint in that behalf.

(2) If any foreigner against whom an order of deportation has been issued fails to comply with the order in any respect, or having left the Union of Burma re-enters the Union of Burma without the permission in writing of the President of the Union or of such authority as the President of the Union may appoint in that behalf while the order is in force, be shall be liable to imprisonment for a term which may extend two years or to fine or to both and shall, in addition to such penalty, be liable to be deported again from the Union of Burma in pursuance of the order.

(3) When security has been taken in pursuance of any of the provisions of this Act or rules made thereunder the bond shall be deemed to be a bond taken under the Criminal Procedure Code by the District Magistrate having jurisdiction in the area in respect of which the said security has been taken and the provisions of section 514 of the said Code shall apply accordingly.

16. (1) The President of the Union may make rules4 to carry out the purposes of this Act;

5(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for-

(a) the authorities by whom passports may be visaed * * * on behalf of the President of the Union under section 3;

(b) the conditions to which immigration permits and passport visas * * * shall be subject;

(c) the particulars required in respect of passengers and crew under section 5;

(d) fees under section 11;

(e) the conditions under which and the authority by whom bail may be granted;

(f) persons who shall be permitted to practice as writers of applications for immigration permits or passport visas and regulating the conduct of business of persons so practicing ; and

(g) such other matters as may be deemed necessary for the purpose of giving effect to the provisions of the Act.

1(3) The President of the Union may direct that a breach of any rule made under sub-sections (1) and (2) shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to Rs. 200, or with both.

.............................................................

2. Published in Judicial Department Notification No. 214 dated 13th June 1947.— (Burma Gazette,1947, Part I. page364.)

3. Substituted by Act LIII,1950.

1. Section 3 was re-numbered as sub-section (1) of section 3 and sub-section 1, as re-numbered was a mended by Act LIII, 1950.

2. Inserted by ibid.

3. Amended by Act LIII, 1950.

4. Inserted by Act XL, 1948, and amended by Act LIII, 1950.

1. Existing sub-section (2) was re-numbered as sub-section (3), and new sub-section (2) inserted by Act LIII, 1950.

2. Section 6 was re-numbered as sub-section (1) of section 6 and amended and sub-sections (2) and (3) were inserted by Act LIII, 1950.

3. Substituted by Act XVI, 1948, and re-numbered as sub-section (1) of section 7 and amended by Act XII 1949 and subsequently amended by Act LIII, 1950.

4. Inserted by Act XII, 1949, and subsequently substituted by Act LIII, 1950.

5. Substituted by Act LIII, 1950.

1. Substituted by Act XVI, 1948, and subsequently amended by Act LIII, 1950.

2. Amended by Act LIII, 1950.

3. Substituted by Act XVI, 1948, and again by Act LIII, 1950.

4. Substituted by Act XVI, 1948, and again by Act XL, 1948, and subsequently amended by Act LIII. 1950.

5. inserted by Act XVI, 1948, and subsequently substituted by Act LIII 1950.

6. inserted by Act LIII, 1950.

1. Inserted by Act LIII. 1950.

2. Section 14 was amended by Act XII, 1949, and subsequently re-numbered as sub-section (1) of section 14, and sub-section (2) inserted by Act LIII, 1950.

3. Section 15 was re-numbered as section 16 and new section 15 was inserted by Act 1.111, 1950.

4. For Burma Immigration (Detention) Rules, 1951, See Burma Garette, 1952, Part I, page 450.

5. Amended by Act LIII, 1959.

1. Inserted by Act XVI, 1948.

Burma Code Volume 1: The Burma Laws Act

( INDIA ACT XIII, 1898.)
( 4th November, 1898. )

1 - 4 * * * *

5. The President of the Union may, for administrative including revenue purposes,-

(a) divide Upper Burma into divisions and each of those divisions into districts, and vary the limits of those divisions and districts, and

(b) divide each of those districts into sub-divisions, each of those sub-divisions into townships and each of those townships into circles, and vary the limits of these sub-divisions, townships and circles.

6. For the purpose of facilitating the application of any enactment for the time being in force in any part of Upper Burma, any Court may construe the enactment which such alterations, not affecting the substance, as may be necessary or proper to adapt it to the matter before the Court.

7 - 12. * * * *

13. (1) Where in any suit or other proceeding in the Union of Burma it is necessary for the Court to decide any question regarding succession, inheritance, marriage or caste, or any religious usage or institution,-

(a) the Buddhist law in cases where the parties are Buddhists,

(b) the Muhammadan law in cases where the parties are Mohammedans,
and

(c) the Hindu law in cases where the parties are Hindus, shall from the rule of decision, except in so far as such law has by enactment been altered or abolished, or is opposed to any custom having the force of law.

¹(2 ) * * * * *

(3) In cases not provided for by sub-section (1), or by any other enactment for the time being in force, the decision shall be according to justice, equity and good conscience.

14. (1) The Governor may, by notification in the Gazette, transfer any portion of Upper Burma to Lower Burma or any portion of Lower Burma to Upper Burma, with effect from a date to be specified in the notification, and on and with effect from that date, the portion so transferred shall form part of Lower Burma or Upper Burma, as the case may be.

(2) * * * * *

.......................................................................
1. Deleted by Act II, 1945.

Burma Code Volume 1: The Foreign Relations Act

[INDIA ACT XII, 1932.]
(8th April, 1932.)

WHEREAS it is expedient to provide against the publication of statements likely to prejudice the maintenance of friendly relations between His Majesty’s Government Governments of certain foreign States; it is hereby enacted as follows: -

1. * * * *

3. The provisions of sections 99A to 99G of the Code of Criminal Procedure, and of sections 27B to 27D of the Burma Post Office Act, shall apply in the case of any book, newspaper or other document containing matter which is defamatory of a Ruler of a State outside India and Burma but adjoining India or Burma or of consort or son or principal Minister of such Ruler and tends to prejudice the maintenance of friendly relations between His Majesty’s Government and the Government of such State, in like manner as they apply in the case of a book, newspaper or document containing seditious matter within the meaning of those sections.

4. Where, in any trial of an offence upon a complaint under section 2, or in any proceeding before the High Court arising out of section 3, there is a question whether any person is a Ruler of any State, or is the consort or son or principal Minister of such Ruler a certificate of the Governor that such person is such Ruler, consort, son or principal Minister shall be conclusive proof of that fact.

Burma Code Volume 1: The Foreigners Act

[INDIA ACT III, 1864.] (12th February, 1864.)

WHEREAS it is expedient to make provision to enable the President of the Union to prevent the subjects of Foreign States from residing or sojourning in Union of Burma, or from passing through or traveling therein, without the consent of the President of the Union ; it is enacted as follows : -

¹1. In this Act, unless the contest otherwise requires, the word "foreigner" shall denote a person who is not a citizen of the Union. -

2. If a question shall arise whether any person alleged to be a foreigner and to be subject to the provisions of this Act is a foreigner or not, or is or is not subject to the provisions of this Act, the onus of proving that such person is not a foreigner, or is not subject to the provisions of this Act, shall lie upon such person.

²3. The President of the Union may, by writing,---

(a) order any foreigner to remove himself from the Union of Burma, or to remove himself there from by a particular route to be specified in the order, or

(b) order that any foreigner be deported forthwith from the Union of Burma.

3-A. (I) Whenever the District Magistrate considers that the President of the Union should be moved to issue an order under section 3 in respect of any foreigner who is within the limits of the jurisdiction of such Magistrate, he may report the case to the President of the Union and at the same time issue a warrant for the apprehension of such foreigner.

(2) Any officer issuing a warrant under sub-section (1) may, in his discretion, direct by endorsement on the warrant that if such foreigner executes a bond with or without sureties for his attendance at a specified place and time, the person to whom the warrant is directed shall take such security and release such foreigner from custody.

(3) Any person executing a warrant under sub-section (1) may search for and apprehend the foreigner named in such warrant ; and, subject to any direction issued under sub-section (2), shall forthwith cause such foreigner when apprehended to be produced before the officer issuing the warrant.

(4) When a foreigner for whose apprehension a warrant has been issued under sub section (1) is produced or appears before the officer issuing such warrant, such officer may direct him to be detained in custody pending the orders of the President of the Union, or may release him on his executing a bond with or without sureties to appear at a specified place and time and thereafter if and when required until such orders are obtained.

(5) Any officer who has in accordance with the provisions of sub-section (4), ordered a foreigner to be detained or released on his executing a bond shall forthwith report the fact to the President of the Union. On the receipt of a report under this sub-section the President of the Union shall without delay either direct that the foreigner be discharged or order for the removal¹ [or deportation] of such foreigner in accordance with the provision of section 3.

4. (1) If any foreigner ordered to remove himself from the Union of Burma, or ordered to remove himself there from by a particular route, shall neglect or refuse so to do, or if any foreigner, having removed himself from Union of Burma in consequence of an order issued under any of the provisions of this Act, or having been removed from the Union of Burma under any of the said provisions, shall willfully return thereto without a license in writing granted by the President of the Union, such foreigner may be apprehended and detained in safe custody, 4[by an order in writing of the District Magistrate], until he shall be discharged there from by order of the President of the Union upon such terms and conditions as the President of the Union shall deem sufficient for the peace and security of Union of Burma ²[ * * * * ].

³(2) Any foreigner who has been order to be deported under section 3 (b) may be apprehended without warrant by any police-officer not below the rank of Sub-Inspector and brought before the District Magistrate who shall, by an order in writing, cause the said foreigner to be detained in safe custody pending the completion of arrangements for his removal out of the Union of Burma.

³(3) Any foreigner apprehended and detained under the provisions of sub-section (1) may be admitted to bail by the District Magistrate.

45. Whenever the President of the Union shall consider it necessary to take further precautions in respect of foreigners residing or traveling in Union of Burma or any part thereof, it shall be lawful for the President of the Union by a notification to order that the provisions of this and the subsequent sections up to and including section 22 of this Act shall be in force in Union of Burma, such part thereof as shall be specified in such notification, for such period as shall be therein declared ; and thereupon, and for such period, the provisions of this and the subsequent sections up to and including sections 22 shall have full force and effect in the Union of Burma or such part thereof as shall have been so specified. The President of the Union may, from time to time, by a notification, cancel or alter any former notification which may still be in force, or may extend the period declared therein:

6. Every foreigner on arriving in any part of the Union of Burma in which all the provisions of this Act are for the time being in force under an order issued as provided in the last preceding section from any port or place not within the Union of Burma, or from any port or place within the Union of Burma where all the provisions of this Act are not in force, shall forthwith report himself to the District Magistrate, or to such other officer as shall be appointed to receive such reports by the President of the Union.

7. The report shall be in writing, and shall be signed by the person reporting himself, and shall specify his name or names, the nation to which he belongs, the place from which he shall have come, the place or places of his destination, the object of his pursuit, and the date of his arrival. The report shall be recorded by the officer to whom it is made.

8. The provisions of the last two preceding sections shall not extend to any person being the master or commander of a vessel or employed therein, but if any such person shall be in any part of the Union of Burma in which all the provisions of this Act are for the time being in force, after he shall have ceased to be actually employed in a vessel, he shall forthwith report himself in manner aforesaid.

9. If any foreigner shall neglect to report himself as required by this Act, he may be dealt with in the manner hereinafter provided in respect of foreigners traveling without a license.

10. No foreigner shall travel in or pass through any part of the Union of Burma in which all the provisions of this Act are for the time being in force without a license.

11. * * * * *

12. Every such license shall state the name of the person to whom the license is granted, the nation to which he belongs, the district or districts through which he is authorized to pass or the limits within which he is authorized to travel, and the period (if any) during which the license is intended to have effect.

13. The license may be granted subject to such conditions as the President of the Union may direct or as the officer granting the license may deem necessary, and may be revoked at any time by the President of the Union or such officer,

14. If any foreigner travel in or attempt to pass through any part of the Union of Burma without such license as aforesaid, or beyond the districts or limits mentioned therein, or after such license shall have been revoked, or shall violate any of the conditions therein specified, he may be apprehended without warrant by any officer exercising any of the powers of a Magistrate, ¹[* * * *] or by any police-officer.

15. ¹[* * * *] Wherever any person shall be apprehended by or taken before the District Magistrate, such Magistrate shall immediately report the case to the President of the Union and shall cause the person brought before him to be discharged or pending the orders of the President of the Union to be detained.

16. Any person apprehended or detained under the provisions of this Act may be admitted to bail by the District Magistrate, or by any officer authorized to grant licenses, and shall be put to as little inconvenience as possible during his detention in custody.

17. The President of the Union may order any person apprehended or detained under the provisions of this Act to remove himself from any part of the Union of Burma in which all the provisions of this Act are for the time being in force, by sea or by such route as the President of the Union may direct; or the President of the Union may cause him to be removed from any such part of the Union of Burma by such route and in such manner as to the President of the Union shall seem fit.

18. The President of the Union may by order prohibit any person or any class of persons ²[not being citizens of the Union] from traveling in or passing through any part of the Union of Burma in which all the provisions of this Act may, for the time being, be in force, and from passing from any part thereof to another without a license to be granted by such officer or officers as shall be specified in the order ; and, if any person so prohibited shall willfully disobey such order, he may be apprehended without warrant by any of the officers specified in section 14 of this Act, and carried before the District Magistrate, and dealt with under the provisions section 17 in the same manner as if he were a foreigner: and the President of the Union may order such person to be detained in safe custody or under the surveillance of the police so long as it may be deemed necessary for the peace and security of the Union of Burma or any part thereof.

19. * * * *

20. It shall be lawful for the Commissioner of Police, or for the District Magistrate, or for any officer appointed to receive reports as mentioned in the sixth section of this Act, or for any police-officer under the authority of such Commissioner or Magistrate, to enter any vessel in any port or place within the Union of Burma in which all the provisions of this Act may, for the time being, be in force, in order to ascertain whether any foreigner bound to report his arrival under the said section 6 of this Act is on board of such vessel ; and it shall be lawful for such Commissioner of Police, Magistrate or other officer as aforesaid to adopt such means as may be reasonably necessary for that purpose; and the master or commander of such vessels shall also, before any of the passengers are allowed to disembark, if he shall be required so to do by such Commissioner of Police, Magistrate, or other officer as aforesaid, deliver to him a list in writing of the passengers on board, specifying the ports or places at which they embarked, and the ports or places of their disembarkation, or intended disembarkation, and answer to the best of his knowledge all such questions touching the passengers on board the said vessel, or touching those who may have disembarked in any part of the Union of Burma, as shall be put to him by the Commissioner of Police, Magistrate, or other officer as aforesaid. If any foreigner on board such vessel in any part of the Union of Burma shall refuse to give an account of his objects of pursuit in Burma, or if his account thereof shall not be satisfactory, the officer may refuse to allow him to disembark, or he may be dealt with in the same manner as a foreigner traveling in the Union of Burma without a license.

21. If the master or commander of a vessel shall willfully give a false answer to any question which by section 20 of this Act he is bound to answer, or shall make any false report, he shall be held to have committed the offence specified in section 177 of the Penal Code.

22. If the master or commander of any vessel shall willfully neglect or refuse to comply with the requisitions of this Act, he shall, on conviction before the District Magistrate, be liable to a fine not exceeding two thousand rupees.

23. Whoever intentionally obstructs any officer in the exercise of any of the powers vested in him by this Act shall be held to have committed the offence specified in section 186 of the Penal Code.

24. * * * *

25. The President of the Union may exempt any person, or any class of persons, either wholly or partially, or temporality or otherwise, from all or any of the provisions of this Act contained in any of the sections subsequent to section 5, and may at any time revoke any such exemption.

¹26. No suit, prosecution or other legal proceeding shall lie against any person for anything which is good faith done or intend to be done under this Act.
....................................................................................
1. This section was first amended by the Union of Burma (Adaptation of Laws) Order, 1948. and subsequently substituted by Act XLII, 1948.

2. Substituted by Act VIII, 1953.

3. Added by Act VIII, 1953.

4. Omitted by the Union of Burma (Adaptation of Laws) Order, 1948.

5. Substituted by ibid.

6. Omitted by the Union of Burma (Adaptation of Laws) Order, 1948.

7. Omitted by the Union of Burma (Adaptation of Laws) Order, 1948.

8. Omitted by the Union of Burma (Adaptation of Laws) Order, 1948.

9. Substituted by the same Order.

Burma Code Volume 1: The Myanmar Extradition Act

CONTENTS.

CHAPTER I.

PRELIMINARY.

Sections.
1. * * * *

2. Definitions.

CHAPTER II.

SURRENDER OF FUGITIVE CRIMINALS IN CASE OF FOREIGN STATES.

3. (1) Requisition for surrender.
(2) Summons or warrant for arrest.
(3) Inquiry by Magistrate.
(4) Committal.
(5) Bail.
(6) Magistrate’s report.
(7) Reference to High Court if President thinks necessary.
(8) Warrant for surrender.
(9) Lawfulness of custody and re-taking under warrant for surrender.
(10) Discharge of fugitive criminals committed to prison after two months.

4. (1) Power to Magistrate to issue warrant of arrest in certain cases.
(2) Issue of warrant to be reported forthwith.
(3) Person arrested not to be detained unless order received.
(4) Bail.

5. (1) Power of President to refuse to issue order under section 3 when crime of political character.
(2) Power of Governor to discharge any person in custody at any time.

6. * * * *

CHAPTER III.

SURRENDER OF FUGITIVE CRIMINALS IN CASE OF STATES OTHER

THAN FOREIGN STATES AND BRITISH INDIA.

7. ---- 10. * * * * *

11. (1) Surrender of person accused of, or undergoing sentence for, offence in the Union of Burma.
(2) Suspension of sentence on surrender.

12. Application of Act to convicted persons.

13. Abetment and attempt.

14. -----16.

17. (1) Receipt in evidence of exhibits, depositions and other documents.
(2) Authentication of the same.
(3) Definition of “warrant”.

18. Chapter not to derogate from treaties.

CHAPTER IV.

19. * * * * *

CHAPTER V.

OFFENCES COMMITTED AT SEA.

20. Requisition for surrender in case of offence committed at sea.

CHAPTER VI.

EXECUTION OF COMMISSIONS ISSUED BY CRIMINAL COURTS OUTSIDE THE UNION OF BURMA.

21. Execution of Commissions issued by Criminal Courts in Foreign States.

CHAPTER VII.

SUPPLEMENTAL

22. Power to make rules.

23. Detention of persons arrested under section 54, clause seventhly, Code of Criminal Procedure.

THE FIRST SCHEDULE. -----EXTRADITION OFFENCES.
THE MYANMAR EXTRADITION ACT.

[INDIA ACT XV, 1903.] (1St June, 1904.)

CHAPTER I.

PRELIMINARY.

1. * * * *

2. In this Act, unless there is anything repugnant in the subject or context,—

¹(a) “extradition offence” means any such offence as is described in the schedule:
¹(b) “Foreign State” means a State notified as such by the President of the Union :
¹(c) “fugitive criminal” means any person accused or convicted of an extradition offence committed within the jurisdiction of any Foreign State who is in or suspected of being in some part of the Union of Burma whether or not the offence committed by such person is triable by any Court within the Union :
¹(d) “High Court” means the High Court as defined by the Code of Criminal Procedure for the time being in force.
¹(e) “rules” include prescribed forms:

CHAPTER II.

SURRENDER OF FUGITIVE CRIMINALS IN CASE OF FOREIGN STATES.

3. (I) Where a requisition is made to the President of the Union by the Government of any Foreign State for the surrender of a fugitive criminal of that State, who is in or is suspected of being in the Union of Burma, the President of the Union or may, if he thinks fit, issue an order to any Magistrate who would have had jurisdiction to inquire into the crime if it had been an offence committed within the local limits of his jurisdiction, directing him to inquire into the case.

***FOOT NOTE
1. Clause (a), (e) and (g) were omitted and clause (b), (c) and (f) were re-lettered as clauses (a), (b) and (e) ; clause (b) as re-lettered was substituted and clause (c) inserted by the Union of Burma (Adaptation of Laws) Order, 1948.

(2) The Magistrate so directed shall issue a summons or warrant for the arrest of the fugitive criminal according as the case appears to be one in which a summons or warrant would ordinarily issue.

(3) When such criminal appears or is brought before the Magistrate, the Magistrate shall inquire into the case in the same manner and have the same jurisdiction and powers, as nearly as may be, as if the case were one triable by the Court of Session or High Court, and shall take such evidence as may be produced in support of the requisition and on behalf of the fugitive criminal, including any evidence to show that the crime of which such criminal is accused or alleged to have been convicted is an offence of a political character or is not an extradition offence.

(4) If the Magistrate is of opinion that a Primâ facie case is made out in support of the requisition, he may commit the fugitive criminal to prison to await the order of the President of the Union.

(5) If the Magistrate is of opinion that a Primâ facie case is not made out in support of the requisition, or if the case is one which is bailable under the provision of the Code of Criminal Procedure, the Magistrate may release the fugitive criminal on bail.

(6) The Magistrate shall report the result of his inquiry to the President of the Union and shall forward, together with such report, any written statement which the fugitive criminal may desire to submit for the consideration of the President of the Union.

(7) If the President of the Union is of opinion that such report or written statement raises an important question of law, he may make an order referring such question of law to the High Court, and the fugitive criminal shall not be surrendered until such question has been decided.

(8) If, upon receipt of such report and statement or upon the decision of any such question, the President of the Union is of opinion that the fugitive criminal ought to be surrendered, he may issue a warrant for the custody and removal of such criminal and for his delivery at a place and to a person to be named in the warrant.

(9) It shall be lawful for any person to whom a warrant is directed in pursuance of sub-section (8), to receive, hold in custody and convey the person mentioned in the warrant, to the place named in the warrant, and, if such person escapes out of any custody to which he may be delivered in pursuance of such warrant, he may be re-taken as a person accused of an offence against the law of the Union of Burma may be re-taken upon an escape.

(10) If such a warrant as is prescribed by sub-section (8) is not issued and executed in the case of any fugitive criminal, who has been committed to prison under sub-section (4), within two months after such committal, the High Court may, upon application made to it on behalf of such fugitive criminal and upon proof that reasonable notice of the intention to make such application has been given to the President of the Union, order such criminal to be discharged unless sufficient cause is shown to the contrary.

4. (1) Where it appears to any Magistrate of the first class or any Magistrate specially empowered by the President of the Union in this behalf that a person within the local limits of his jurisdiction is a fugitive criminal of a Foreign State, he may, if he thinks fit, issue a warrant for the arrest of such person, on such information or complaint and on such evidence as would, in his opinion, justify the issue of a warrant if the crime of which, he is accused or has been convicted had been committed within the local limits of his jurisdiction.

(2) The Magistrate shall forthwith report the issue of a warrant under this section to the Governor.

(3) A person arrested on a warrant issued under this section shall not be detained more than two months unless within that period the Magistrate receives an order made with reference to such person under section 3, sub-section (1).

(4) In the case of a person arrested or detained under this section the provisions of the Code of Criminal Procedure relating to bail shall apply in the same manner as if such person were accused of committing in the Union of Burma the crime of which he is accused or has been convicted.

5. (1) If the President of the Union is of opinion that the crime of which any fugitive of a Criminal of a Foreign State is accused or alleged to have been convicted is of character, he may, if he thinks fit, refuse to issue any order under section 3, sub-section (1).

(2) The President of the Union may also at any time stay any proceedings taken under this Chapter and direct any warrant issued under this Chapter to be cancelled and the person for whose arrest such warrant has been issued to be discharged.

¹6. * * * * *

CHAPTER III.

SURRENDER OF FUGITIVE CRIMINALS IN CASE OF STATES OTHER THAN FOREIGN STATES AND INDIA OR PAKISTAN.

¹7. -------10. * * * * *

11. (1) A person accused of an offence committed in the Union of Burma, not being the offence for which his surrender is asked, or undergoing sentence under any conviction in the Union of Burma, shall not be surrendered in compliance with a [requisition made by or on behalf of a Foreign State,]² except on the condition that such person be re-surrendered to the President of the Union on the termination of his trial for the offence for which his surrender has been asked:
Provided that no such condition shall be deemed to prevent or postpone the execution of a sentence of death lawfully passed.
(2) On the surrender of a person undergoing sentence under a conviction in the Union of Burma, his sentence shall be deemed to be suspended until the date of his re-surrender, when it shall revive and have effect for the portion thereof which was un-expired at the time of his surrender.

***FOOT NOTE
1. Omitted by the Union of Burma (Adaptation of Laws) Order, 1948.
2. Substituted by the dame Order.

12. The provisions of this Act² with reference to accused persons shall, with any necessary modifications, apply to the case of a person who, having been convicted of an offence in the territories of any Foreign State, has escaped into or is in the Union of Burma before his sentence has expired.

13. Every person who is accused or convicted of abetting or attempting to commit any offence shall be deemed, for the purposes of this Act, ² to be accused or convicted of having committed such offence, and shall be liable to be arrested and surrendered accordingly.

14----16. * * * * *

17. (1) In any proceedings under this Act², exhibits and depositions (whether received or taken in the presence of the person against whom they are used or not) and copies thereof, and official certificates of facts and judicial documents stating facts, may, if duly authenticated, be received as evidence.

(2) Warrants, depositions or statements on oath which purport to have been issued, received or taken by any Court of Justice outside the Union of Burma, or copies thereof, and certificates of, or judicial documents stating the fact of, conviction before any such Court, shall be deemed duly authenticated,—
(a) if the warrant purports to be signed by a Judge, Magistrate, or officer of the State where the same was issued or acting in or for such State:
(b) if the depositions or statements or copies thereof purport to be certified, under the hand of a Judge, Magistrate or officer of the State where the same were taken, or acting in or for such State, to be the original depositions or statements or to be true copies thereof, as the case may require:
(c) if the certificate of, or judicial document stating the fact of, a conviction purports to be certified by a Judge, Magistrate or officer of the State where the conviction took place or acting in or for such State:
(d) if the warrants, depositions, statements, copies, certificates and judicial documents, as the case may be, are authenticated by the oath of some witness or by the official seal of a minister of the State where the same were respectively issued, taken or given.

(3) For the purposes of this section, “warrant” includes ² [a requisition and any other judicial document requiring ] the arrest of any person accused or convicted of an offence.

18. Nothing in this Chapter shall derogate from the provisions of any treaty for the extradition of offenders, and the procedure provided by any such treaty shall be followed in any case to which it applies, and the provisions of this Act shall be modified accordingly.

CHAPTER IV.

¹19. * * * * *

* * * Foot Note
1. Omitted by the Union of Burma (Adaptation of Laws) Order, 1948.
2. Substituted by the same Order.

CHAPTER V.

OFFENCES COMMITTED AT SEA.

20. Where the Government of any State outside the Union of Burma makes a requisition for the surrender of a person accused of an offence committed on board any vessel on the high seas which comes into any port of the Union of Burma, the President of the Union and any magistrate having jurisdiction in such port and authorized by the President of the Union in this behalf may exercise the powers conferred by this Act.

CHAPTER VI.

EXECUTION OF COMMISSIONS ISSUED BY CRIMINAL COURTS OUTSIDE
THE UNION OF BURMA.

21. The testimony of any witness may be obtained in relation to any criminal matter pending in any Court or tribunal in ¹ [any Foreign State] in like manner as it may be obtained in any civil matter under the provisions Code of Civil Procedure with respect to commissions, and the provisions of that Code relating thereto shall be construed as if the term “suit” included a criminal proceeding:
¹Provided that this section shall not apply when the evidence is required in respect of an offence of a political character.

CHAPTER VII.

SUPPLEMENTAL.

22. (1) The President of the Union may make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for—
(a) the removal of prisoners accused or in custody under this Act, and their control and maintenance until such time as they are handed over to the persons named in the warrant as are entitled to receive them ;
(b) the seizure and disposition of any property which is the subject of, or required for proof of, any alleged offence to which this Act applies ;
(c) the pursuit and arrest in British Burma by officers of the Government or other persons authorized in this behalf of persons accused - of offences committed elsewhere ; and
(d) the procedure and practice to be observed in extradition proceedings.

(3) Rules made under this section shall be published in the Gazette and shall thereupon have effect as if enacted by this Act.
23. Notwithstanding anything in the Code of Criminal Procedure, any person arrested without an order from a Magistrate and without a warrant, in pursuance of the provisions of section 54, clause seventhly, of the said Code, may, under the orders of a Magistrate within the local limits of whose jurisdiction such arrest was made, be detained in the same manner and subject to the same restrictions as a person arrested on a warrant issued by such Magistrate under section 4².

***FOOT NOTE
1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.
2. Substituted for the figure "10" by the same Order.

THE FIRST SCHEDULE.

EXTRADITION OFFENCES.

[See section 2, clause (b), and Chapter III (Surrender of Fugitive Criminals in case
of States other than Foreign States and British India).]

[The sections referred to are the sections of the Penal Code.]

Frauds upon creditors (section 206).
Resistance to arrest (section 224).
Offences relating to coin and stamps (sections 230 to 263A).
Culpable homicide (sections 299 to 304).
Attempt to murder (section 307).
Thagi (sections 310, 311).
Causing miscarriage, and abandonment of child (sections 312 to 317).
Causing hurt (sections 323 to 333).
Wrongful confinement (sections 347, 348).
Kidnapping and slavery (sections 360 to 373).
Rape and unnatural offences (sections 375 to 377).
Theft, extortion, robbery, etc. (sections 378 to 414).
Cheating (sections 415 to 420).
Fraudulent deeds, etc. (sections 421 to 424).
Mischief (sections 425 to 440).
Lurking house-trespass (sections 443, 444).
Forgery, using forged documents, etc. (sections 463 to 477A).

¹ * * * * *
Piracy by the law of nations.
Sinking or destroying a vessel at sea, or attempting or conspiring to do so.
Assault on board a ship on the high seas with intent to destroy life or to do grievous bodily harm.
Revolt or conspiracy to revolt by two or more persons on board a ship on the high seas against the authority of the master.
Any offence against any section of the Penal Code or against any other law which may, from time to time, be specified by the President of the Union by notification in the Gazette either generally for all States or specially for any one or more States.

***FOOT NOTE
1. omitted by the Union of Burma (Adaptation of Laws) Order, 1948.

Burma Code Volume 1: The Myanmar Passport Act

[INDIA ACT XXXIV, 1920.]
(9th September, 1920.)

1. * * * *

2. In this Act, unless there is anything repugnant in the subject or context, -

"entry " means entry by water, land or air;

"passport"’ means a passport for the time being in force issued or renewed by the prescribed authority and satisfying the conditions prescribed relating to the class of passports to which it belongs; and

"prescribed " means prescribed by rules made under this Act.

3. (1) The President of the Union may make rules¹ requiring that persons entering the Union of Burma shall be in possession of passports, and for all matters ancillary or incidental to that purpose.

(2) Without prejudice to the generality of the foregoing power such rules may—

(a) prohibit the entry into the Union of Burma or any part thereof of any person who has not in his possession a passport issued to him;

(b) prescribe the authorities by whom passports must have been issued or renewed, and the conditions with which they must comply, for the purposes of this Act; and

(c) provide for the exemption, either absolutely or on any condition, of any person or class of persons from any provision of such rules.

(3) Rules made under this section may provide that any contravention thereof or of any order issued under the authority of any such rule shall be punishable with imprisonment for a term which may extend to three months, or with fine or with both.

(4) All rules made under this section shall be published in the Gazette, and shall thereupon have effect as if enacted in this Act.

4. (1) Any officer of police, not below the rank of a sub-inspector, and any officer of the Customs Department empowered by a general or special order of the President of the Union in this behalf may arrest without warrant any person who has contravened or against whom a reasonable suspicion exists that he has contravened any rule or order made under section 3.

(2) Every officer making an arrest under this section shall, without unnecessary delay, take or send the person arrested before a Magistrate having jurisdiction in the case or to the officer in charge of the nearest police-station, and the provisions of section 61 of the Code of Criminal Procedure shall, so far as may be, apply in the case of any such arrest.

5. The President of the Union may, by general or special order, direct the removal of any person from the Union of Burma who, in contravention of any rule made under section 3 prohibiting entry into the Union of Burma without a passport, has entered therein, and thereupon any officer of Government shall have all reasonable powers necessary to enforce such direction.

..................................................................
1. For such rules, see Burma Gazette, 1938, Part I, p. 169.
1. Inserted by the Act L, 1953.
2. For exemptions under section 6, see Burma Gazette, 1948, Part I, p. 1596.
3. Inserted by Act XLV, 1950.

Burma Code Volume 1: The Public Accounts Default Act

(INDIA ACT XII, 1850.)
(22nd March, 1850.)

1. Every public accountant shall give security for the due discharge of the trusted of his office for the due account of all moneys which shall come into his possession by reason of his office.

2. In default of any Act having special reference to the office of any public accountant, the security given shall be of such amount and kind, and with such amount and kind, and with such sureties ( regard being had to the nature of the office), as shall be required by any rule made from time to time, by the authority by which each public accountant is a appointed to his office, subject to the approval of the Governor.

3. poses of sections 1 and 2 of this Act the expression "Public accountant" means any person who as Official Assignee or Trustee is entrusted with the receipts, custody or control of any moneys or securities for money, or the d lands belonging to any other person or persons; and for the purpose of sections 4 and 5 of this Act the expression shall also include any person who, by reason of any office held by him in the service of the Government of Burma, is entrusted with the receipt, custody or control of any moneys or securities for money, or management of any lands belonging to the Crown.

4. The person or persons at the head of the office to which any public accountant belongs may proceed against any such public accountant and his sureties for any loss or defalcation in his accounts, as if the amount thereof were an arrear of land-revenue due to Government.

5. All Regulation and Acts for the recovery of arrears of land-revenue due to Government and for recovery of damages by any person wrongfully proceeded a against for any such arrear shall apply, with such changes in the form of procedure as are necessary to make them applicable to the case, to the proceedings against and by such public account.

Burma Code Volume 1: The Registration of Foreigners Act

[BURMA ACT VII, 1940.]
(28th March, 1940.)

1. This Act shall come into force on the 28th March, 1940.

2. In this Act-

(a) "Foreigner" means a foreigner as defined in the Foreigners Act: provided that the following shall not be deemed to be foreigners for the purposes of this Act-

(i) a person duly appointed by a foreign Government to exercise diplomatic functions ; or

(ii) a consul or a vice-consul ;
²[ * * * * *]

(b) “prescribed” means prescribed by rules made under this Act :

(c) “vessel” includes all sea craft, river craft and aircraft.

3. The President of the Union may by notification make rules¹ with respect to foreigners for any or all of the following purposes, that is to say—

(a) for requiring any foreigner entering, or being present in, The Union of Burma to report his presence to a prescribed authority within such time and in such manner and with such particulars as may be prescribed ;

(b) for requiring any foreigner moving from one place to another place in The Union of Burma to report, on arrival at such other place, his presence to a prescribed authority within such time and in such manner and with such particulars as may be prescribed ;

(c) for requiring any foreigner who is about to leave The Union of Burma to report the date of his intended departure and such other particulars as may be prescribed to such authority and within such period before departure as may be prescribed ;

(d) for requiring any foreigner entering, being present in, or departing from, The Union of Burma to produce, on demand by a prescribed authority, such proof of his identity as may be prescribed ;

(e) for requiring any person having the management of any hotel, boardinghouse, or any other premises of like nature—

(i) to record particulars of any person residing therein, and

(ii) in the case of foreigners, to report such particulars to such authority as may be prescribed, in accordance with prescribed conditions;

(f) for requiring any person in charge of any vessel or other conveyance to furnish to a prescribed authority such information as may be prescribed regarding any person entering, or intending to depart from, The Union of Burma in such vessel or other conveyance, and to furnish to such authority such assistance as may be necessary or prescribed for giving effect to this Act ; and

(g) generally for carrying out the purposes of this Act.

4. If any question arises with reference to this Act or any rule made thereunder whether any person is or is not a foreigner, or is or is not a foreigner of a particular class of description, the onus of proving that such person is not a foreigner or is not a foreigner of such particular class or description, as the case may be, shall, notwithstanding anything contained in the Evidence Act, lie upon such person.

²5. (1) Any person who contravenes, or attempts to contravene, or fails to comply with, any provision of this Act or of any rule made thereunder shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

(2) A foreigner convicted under sub-section (1) may, in addition to the punishment prescribed in the said sub-section, be deported by an order of the President, or of such authority as may be appointed by him in that behalf.

¹(3) Any foreigner who has been ordered to be deported under sub-section (2) may be apprehended without warrant by any police officer not below the rank of Sub-Inspector and brought before the District Magistrate who shall, by an order in writing, cause the said foreigner to be detained in safe custody pending the completion of arrangements for his removal out of the Union of Burma.

¹ (4) Any foreigner apprehended and detained under the provisions of sub-section (3) may be admitted to bail by the District Magistrate.

¹ (5) Every order of deportation made under sub-section (2) shall remain in force until it is revoked by the President of the Union.

¹ (6) If any foreigner against whom order of deportation has been issued fails to comply with the order in any respect, or having left The Union of Burma re-enters the Union of Burma without the permission in writing of the President of the Union while the order is still in force, he shall be liable to imprisonment for a term which shall not be less than three years or to fine or to both and shall in addition to such penalty be liable to be deported again from the Union of Burma in pursuance of the order.

6. The President of the Union may, by order, ² declare that any or all of the provisions of the rules made under this Act shall not apply, or shall apply only with such modification or subject to such conditions as may be specified in the said order, to or in relation to any individual foreigner or any class or description of foreigners.

7. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

8. The provisions of this Act shall be in addition to, and not in derogation of, the provisions of the Foreigners Act and any other law for the time being in force.

³9. The president of the Union of may, by notification, extend this Act to any area within the Union of Burma, in which it is not already in force.

...........................................................
1. For rules under section 3 of this Act see Burma Gazette, 1948, Part I, p. 1583.
2. Subscribed by Act XXVII, 1952.

Burma Code Volume I: The Pensions Act

(INDIA ACT XXIII, 1871.)
(8th August, 1871.)

I. PRELIMINARY

1-2. * * * *

All rules in regard to the award and payment of pensions or grants of money or land-venue, and the identification of the persons entitled to receive them, made under enactment, shall be deemed to have been made under this Act so far as they are consistent therewith.

3. In this Act, the expression "grant of money or land-revenue" includes anything payable on the part of Government in respect of any right, privilege, perquisite or office.

II. RIGHTS TO PENSIONS.

4. Except as hereinafter provided, no Civil Court shall entertain any suit relating to any pension or grant of money or land-revenue conferred or made by the British or any former Government, whatever may have been the consideration such pension or grant, and whatever may have been the nature of the payment, claim or right for which such pension or grant may have been substituted.

5. Any person having a claim relating to any such pension or grant may prefer such claim to the Collector of the District or Deputy Commissioner or other authorized in this behalf by the Governor; and such Collector, Deputy Commissioner or other officer shall dispose of such claim in accordance with such as the Chief Revenue authority may, subject to the general control of the Governor, from time to time prescribe in this behalf.

6. A Civil Court, otherwise competent to try the same, shall take cognizance such claim upon receiving a certificate from such Collector, Deputy Commissioner or other officer authorized in that behalf that the case may be so tried, but shall not make any order or decree in any suit whatever by which the liability of Government to pay any such pension or grant as aforesaid is affected directly or indirectly.

7. * * * *

III .MODE OF PAYMENT.

8. All pensions or grants by Government of money or land-revenue shall be paid by the Collector or the Deputy Commissioner or other authorized officer, subject to such rules as may, from time to time, be prescribed by the Chief Controlling revenue authority.

9. Nothing in sections 4 and 8 shall affect the right of a grantee of land¬-revenue, whose claim to such grant is admitted by Government, to recover such revenue from the persons liable to pay the same under any law for the time being in force for the recovery of the rent of land.

10. The Governor may, with the consent of the holder, order the whole or any part of his pension or grant of money or land-revenue to be commuted for a lump sum on such terms as may seem fit,

IV. MISCELLANEOUS.

¹11. No pension granted or continued by any Government in British India or by the Government of Burma on political considerations, or on account of past service or present infirmities or as a compassionate allowance, and no money due or to become due on account of any such pension or allowance shall be liable to seizure, attachment or sequestration by process of any Court in British Burma, at the instance of a creditor, for any demand against the pensioner or in satisfaction of a decree or order of any such Court.

12. All assignments, agreements, orders, sales and securities of every kind made by the person entitled to any pension, pay or allowance mentioned in section II, in respect of any money not payable at or before the making thereof, on account of any such pension, pay or allowance, or for giving or assigning any future interest therein, are null and void.

13. Whoever proves to the satisfaction of the Governor that any pension is fraudulently or unduly received by the person enjoying the benefit thereof shall be entitled to a reward equivalent to the amount of such pension for the period of six months.

14. The Chief Controlling Revenue authority may, with the consent of the Governor, from time to time make rules consistent with this Act respecting all or any of the following matters -

(1) the place and times at which, and the person to whom, any pension shall be paid;

(2) inquiries into the identity of claimants;

(3) records to be kept on the subject of pensions;

(4) transmission of such records;

(5) correction of such records;

(6) delivery of certificates to pensioners;

(7) registers of such certificates;

(8) reference to the Civil Court, under section 6, of persons claiming a right of succession to, or participation in, pensions or grants of money or land-revenue payable by Government; and generally for the guidance of officers under this Act.

All such rules shall be published in the Gazette, and shall thereupon have the force of law.

The Burma Code Volume 1: The Constitution Amendment Act, 1951.1

[ACT LXII, 1951.]
(7th November, 1951.)

An Act to amend the Constitution of the Union of Burma.

It is hereby enacted as follows :

1. (1) This Act may be called The Constitution Amendment Act, 1951.

(2) It shall come into force on the date of promulgation except sections 3 and 7 which shall come into force on the date of the dissolution of the Parliament following the first general elections held under section 233 of the Constitution.

2. In section 8 of the Constitution, for the expression "Section 180" the expression "Sections 180 and 181" shall be substituted.

3. In sub-section (1) of section 83 of the Constitution, the last sentence shall be deleted.

4. For the provisions in sections 180 and’ 181 of the Constitution, the following shall be substituted, namely :-
" 180. (1) The territory hitherto known as the Salween District shall form a constituent unit of the Union of Burma and be hereafter known as ‘The Karen State’. It shall also include such adjacent areas occupied by the Karens as may be determined by an Act of Parliament.

(2) All the members of the Parliament representing the Karen State shall constitute the Karen State Council.

(3) Any member of the State Council who shall have ceased to be a member of the Parliament shall be deemed to have vacated his seat in the Council, but may continue to carry on his duties until his successor shall have been elected.
(4) The State Council may recommend to the Parliament the passing of any law relating to any matter in respect of which the Council is not competent to legislate.

(5) When a Bill has been passed by the State Council it shall be presented to the President for his signature and promulgation. The President shall sign the, Bill within one month from the presentation of the Bill, unless he refers the Bill to the Supreme Court for its decision under sub-section (6).

(6) The President may, in his discretion, refer any Bill presented to him under sub-section (5) to the Supreme Court for decision on the question whether such Bill or any specified provision thereof is repugnant to this Constitution.

(7) The Supreme Court, consisting of not less than three judges, shall consider the question referred to it ‘and alter such hearing as it thinks fit, shall pronounce its decision on such question in open Court as soon as may be and in any case not later than thirty days after the date of such reference. The decision of the majority of the judges shall, for the purpose of sub-section (6), be the decision of the Court.

(8) In every case in which the Supreme Court decides that any provision of the Bill, the subject of a reference to the Supreme Court under sub-section (6), is repugnant to this Constitution, the President shall return the Bill to the Slate Council for reconsideration and shall decline to sign it unless the necessary amendments shall have made thereto.

(9) In every other case, the President shall sign the Bill and promulgate the Act as soon as may be after the decision of the Supreme Court shall have been pronounced.

(10) When the President has signed a Bill presented to him under sub section (5) whether without or after a reference to the Supreme Court, the validity of any provision of the Bill shall not be called in question on the ground that it was beyond the competence of t State Council.

(11) The signed text of every Act shall be enrolled for record in the office of the Registrar of the Supreme Court and a copy of the same shall be enrolled for record in the office of the Minister for the Karen State.

(12) The Head of the Karen State may, from time to time, summon and prorogue the State Council:

Provided that there shall be a session of the State Council once at least, in every year so that a period of twelve months shall not intervene between the last sitting of the Council in one session and its first sitting in the next session.

GOVERNMENT OF THE KAREN STATE

181. (1) A member of the Union Government to be known as the Minister for the Karen State shall be appointed by the President on the nomination of the Prime Minister acting in consultation with the Karen State Council from among the members of the Parliament representing the Karen State. The Minister so appointed shall also be the Head of the Karen State for the purpose of this Constitution.

(2) The Head of the State shall be in charge of the administration of the State; that is to say, the executive authority of the State shall be exercised by the Head of the State either directly or through officers subordinate to him.

(3) Without prejudice to the generality of the provisions of sub-section (4), the said executive authority shall extend to all matters relating to recruitment to the Stale civil services, to postings and transfers and to disciplinary matters relating to these services.

(4) Subject to the provisions of this Constitution, the executive authority of the State extends to the matters with respect to which the State Council has power to make laws, and in all such matters the decision of the Council shall be binding on the Head of the State.

(5) The Head of the State shall consult the State Council in all other matters relating to the State.

(6) In order to facilitate the communication of the decisions and the views of the State Council to the Head of the State, the Council shall at its first meeting after a general election elect from among its members or otherwise a Cabinet of State Ministers to aid and advise the Head of the State in the exercise of his functions.

(7) The Head of the State shall give or cause to be given an account of his work to the State Council in each ordinary session, present or cause to be presented to the Council a report upon all matters relating to the State, and recommend for the consideration of the Council such measures as he thinks fit for promoting the general welfare.

(8) The Head of the State shall prepare or cause to be prepared the estimates of the receipts and of the expenditure of the State for each financial year and shall present them or cause them to be presented to the State Council for consideration.

(9) Subject to any conditions that may be imposed by the Union in respect of any contributions from the Union, the State Council shall have power to approve the budget of the State; and in order to enable the President to satisfy himself that the conditions have been duly observed, such budget shall be incorporated in the Union budget.

(10) The provisions of Chapter X of this Constitution shall not apply to the Karen State.

(11) Subject to the provisions of this Constitution all matters relating to the Constitution of the State including those relating to the powers and duties of the Head of the State, of the State Council and of the Cabinet of State. Ministers and their relations to each other and to the Union Government shall be determined by law:

Provided that until the date of the dissolution of the Parliament constituted following the first general elections held tinder section 233 of the Constitution, the Karen State Council shall be constituted with all the members of the Parliament representing Karens.-

5. Section 195 of the Constitution shall be deleted.

6. In sub-section (5) of section 209 of the Constitution, the expression "Karens or" shall be deleted’.

7. In the Second Schedule to the Constitution,-
(i) for clause (e) the following shall be substituted, namely :
" (e) fifteen seats shall be filled by representatives from the Karen State;"
and
(ii) in clause (f) for the words "fifty-three seats" the words "sixty-two seats" shall be substituted.

8. In the Constitution, for the expression "Karenni State" wherever it occurs, the expression "Kayah State" shall be substituted.

The Burma Code Volume 1: The Contempt of Courts Act

(INDIA ACT XII, 1926.)
(1st May, 1926.)

1. * * * *

2. The High Court shall have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and practice, in respect of contempts Courts subordinate to it as it has and exercises in respect of contempts of itself:

Provided that the High Court shall not take cognizance of a contempt alleged to have been committed in respect of a Court subordinate to it where such contempt is an offence punishable under the Penal Code.

3. Save as otherwise expressly provided by any law for the time being in force, a contempt of Court may be punished with simple imprisonment for a term which may extend to six months, or with fine, which may extend to two thousand rupees or with both:

Provided that the accused .may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the Court:

Provided further that notwithstanding anything elsewhere contained in any law the High Court shall not impose a sentence in excess of that specified in section for any contempt either in respect of itself or of a Court subordinate to it.

The Burma Code Volume 1: The Destruction of Records Act

(INDIA ACT V, 1917.)
(28th February, 1917.)

1-2. * * * *

3. (1) The authorities hereinafter specified may, from time to time, make rules for the disposal, by destruction or otherwise, of such documents as are, in the opinion of the authority making the rules, not of sufficient public value to justify their preservation.

(2) The authorities shall be—

(a) in the case of documents in the possession or custody of the High Court or of the Courts of civil or criminal jurisdiction subordinate thereto,— the High Court ;

(b) in the case of documents in the possession or custody of revenue Courts and officers,— the Financial Commissioner ; and

(c) in the case of documents in the possession or custody of any other public officer,—the Governor or any officer specially authorized in that behalf by the Governor.

(3) Rules made under this section otherwise than by the Governor shall be subject to the previous approval of the Governor.

4. * * * *

5. Nothing in this Act shall be deemed to authorize the destruction of any document in which, under the provisions of any law for the time being in force, is to be kept and maintained.

.........................................................................

1. Provisions like s. 1 of this Act state the existing law at the time of the preparation of the Burma Code.

The Burma Code Volume 1: The Identification of Prisoners Act

[INDIA ACT XXXIII, 1920.]
(9th September, 1920.)

1. * * * *

2. In this Act, unless there is anything repugnant in the subject or context, —
(a) “measurements” include finger impressions and foot-print impressions;
(b) “police officer” means an officer in charge of a police-station, a police officer making an investigation under Chapter XIV of the Code of Criminal Procedure, or any other police officer not below the rank of sub-inspector;
(c) “prescribed” means prescribed by rules made under this Act ; and
(d) “specimen” of a person’s handwriting means such words or figures or both, written by that person, as may be sufficient for the comparison of that person’s handwriting with another.

3. Every person who has been—
(a) convicted of any offence punishable with rigorous imprisonment for a term of one year or upwards, or of any offence which would render him liable to enhanced punishment on a subsequent conviction, or
(b) ordered to give security for his good behaviour under section 118 of the Code of Criminal Procedure, or
(c) ordered to remove himself or cause to be removed from the Union of Burma under section 3 or 17 of the Foreigners Act,
shall, if so required, allow his measurements and photograph to be taken by a police officer in the prescribed manner.

4. Any person who has been arrested in connection with an offence punishable with rigorous imprisonment for a term of one year or upwards shall, if so required by a police officer, allow his measurements to be taken in the prescribed manner.

4A. Any person who has been arrested in connection with an offence punishable with imprisonment for a term of six months or upwards shall, if so required by a police officer, furnish a specimen of his handwriting or signature in the prescribed manner:
Provided that if time person refuses to comply with such requisition he shall be taken before a Magistrate of time first class for an order determining whether, in the circumstances of the case, the requisition is reasonable; and if the Magistrate determines that the requisition is not reasonable, no further action shall be taken.

5. If a Magistrate is satisfied that, for the purposes of any investigation or proceeding under the Code of Criminal Procedure, it is expedient to direct any person to allow his measurements or photograph to be taken or to furnish a specimen of his hand writing or signature, he may make an order to that effect, and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in the order and shall comply with the order:
Provided that no order shall be made directing any person to be photographed or to furnish a specimen of his handwriting or signature except by a Magistrate of the first class:
Provided, further, that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding.

6. (1) If any person who under this Act is required to allow his measurements or photograph to be taken resists or refuses to allow the taking of the same, it shall be lawful to use all means necessary to secure the taking thereof.
(2) Resistance to or refusal to allow the taking of measurements or photographs or to furnish a specimen of his handwriting or signature under this Act shall be deemed to be an offence under section 186 of the Penal Code.

7. Where any person who, not having been previously convicted of an offence punishable with rigorous imprisonment for a term of one year or upwards, has had his measurements taken or has been photographed in accordance with the provisions of this Act is released without trial or discharged or acquitted by any Court, all measurements and all photographs (both negatives and copies) so taken shall, unless the Court or (in a case where such person is released without trial) the District Magistrate or Sub-Divisional Officer for reasons to be recorded in writing otherwise directs, be destroyed or made over to him.

8. (1) The President of the Union may make rules for the purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to time generality of time foregoing provisions, such rules may provide for—
(a) restrictions on the exercise of powers under this Act;
(b) the places at which measurements and photographs may be taken;
(c) the nature of the measurements that may be taken;
(d) the method in which any class or classes of measurements shall be taken;
(e) the dress to be worn by a person when being photographed under section 3;
(f) the preservation, safe custody, destruction and disposal of records of measurements and photographs ; and
(g) the manner in which specimens of handwriting or signatures shall be furnished.

9. No suit or other proceeding shall lie against any person for anything done, or intended to be done, in good faith under this Act or under any rule made.

The Burma Code Volume 1: The Judicial Officers Protection Act

[India Act XVIII, 1850.]
(4th April, 1850.)

For the greater protection of Magistrates and others acting judicially; It is enacted as follows :--

1. No judge, Magistrate, collector or other person acting judicially shall be liable to be sued in any civil Court for any done or order to be done by him in the discharge of his judicial duty, whether or not within the limits of his jurisdiction : provided that he at the time, in good faith, believed himself to have jurisdiction to do or order the act complained of : and no officer of any such Judge, Magistrate, Collector or other person acting judicially, shall be liable to be sued in any civil Court for the execution of any warrant or order, which he would be bound to execution of any warrant or order, which he would be bound to execute if within the jurisdiction of the person issuing the same.

The Burma Code Volume 1: The Police Act, 1945

CONTENTS.

Sections.
1. Short title and commencement.

2. Interpretation clause.

3. Constitution of the force.

4. Inspector-General of Police, and Deputy and Assistant Inspectors-General. Superintendence in the Governor.

5. District and Assistant and Deputy Superintendents of Police.

6. Grades of police officer.

7. Appointment, dismissal and posting of Deputy Superintendents.

8. Appointment, dismissal, etc., of police-officers of subordinate ranks.

9. Oaths to be taken by, and certificates to be given to police-officers.

10. Surrender of certificate and equipment.

11. Responsibilities, etc., of police-officers under suspicion.

12. Police-officer not to resign without leave or two months notice, and not engage in other employment.

13. Power of Inspector-General to make rules.

14. Village police officer.

15. Employment of police-officers in any part of the Union of Burma.

16. Authority to be exercised by police-officers.

17. Police officers always on duty and may be employed anywhere.

18. Duties of a police officers.

19. Admission of police officer on duty to places of pubic resort.

20. Police-officers to take charge of unclaimed property, and be subject to Magistrate's order as to disposal.
21. Magistrate may detain property and issue proclamation.

22. Confiscation of property if no claimant appears.

23. Appointment of additional force in the neighbourhood of railway and other works.

24. Additional police-officers employed at cost of individual.

25. Quartering of additional Police in disturbed or dangerous districts.

26. Awarding compensation to suffers from misconduct of inhabitants or persons interested in land.

27. Special police officer.

28. Special police reserve officers.

29. Rule relating to special police reserve officers.

30. Powers of special police and Special police reserve officers.

31. Regulation of public assemblies and processions and licensing of same.

32. Powers with regard to assemblies and processions violating conditions of license.

33. Police to keep order on public roads, etc.

34. Offence on roads and public places.

35. Apprehension and punishment of reputed thieves and others.

36. Penalty for possession of property suspected to be stolen.

37. Power to require security for good behaviour on conviction under section 35 or 36.

38. Power to give prohibition for prevention of disorder.

39. Unlicensed playing of mechanical music in connection with trade or business.

40. Penalty for begging or seeking for alms.

41. Removal of convicted beggars.

42. Penalty for failure to surrender clothing, etc.

43. Penalty for neglect of duty, etc.

44. Obtaining employment or release by false pretences.

45. Penalty for refusing to act as special police-officer, etc.,

46. Penalty for disobeying orders regarding public assemblies, processions, etc.

47. Penalty for contravention of section 34.

48. Penalty for contravention of a prohibition under section 38.

49. Penalty for contravention of section 39.

50. Recovery of moneys payable under section 23, 24, 25 and 26 and disposal of same when recovered.

51. Rewards to police as informers to form part of the revenue of the Union of Burma.

52. Limitation of criminal proceeding.

53. Notice of civil suits.

54. Plea that act was done under warrant.

55. Police-station officers to keep diary.

56. Power to make rules.

57. * * * * *

THE POLICE ACT, 1945
[BURMA ACT VI, 1945.]
(19th March 1946.)

‘WHEREAS it is expedient to amend and re-enact the law relating to the police in order to make it a more efficient instrument for the prevention and detection of crime;
* * * 2 It is hereby enacted as follows: —

CHAPTER I.

PRELIMINARY.

1. (1) This Act may be called the Police Act, 1945.
(2) It shall come into force on such date as the President of the Union may, by notification, direct 3 :

Provided that the President of the Union max’, by notification, direct that all or any of the provisions of this Act shall not apply to any local area specified in the notification:

*** FOOT NOTE
1. Published in Home Department Notification No. 107, dated the 14th August 1945.
2. Omitted by the Union of Burma (Adaptation of Laws) Order, 1948.
3. The Act has been applied to the whole of the Tenasserim area, Sec Home Dept. Notification No. 303, dated the 19th March 1946. Section 34 has been extended to certain towns and local areas, See same Dept. Notification No. 422, dated the 22nd May 1947.
Provided further that the provisions of sections 35 to 41, inclusive, shall extend only to those towns or other local areas to which these sections or any of them are specially extended by the President of the Union by notification 1

2. In this Act, unless there is anything repugnant in the subject or context,—

(i) the word “police” shall include all persons who shall be enrolled under this Act;

(ii) the words “general police-district” shall mean the Union of Burma except any place to which this Act does not extend;

(iii) the word “cattle” shall, besides horned cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine;

(iv) the words “District Superintendent” and “District Superintendent of “Police” shall include any Assistant or Deputy Superintendent of Police or other person appointed by general or special order of the President of the Union to perform all or any of the duties of a District Superintendent of Police in any district ;

(v) the word “property” shall include any moveable property, money or valuable security ; and

(vi) references to the subordinate ranks of the police shall be construed as references to members of the police below the rank of Deputy Superintendent.

CHAPTER II.

CONSTITUTION AND REGULATION OF THE POLICE

3. The entire police establishment, except the police Establishment constituted under the Rangoon Police Act, shall, for the purposes of this Act, be deemed to be one police-force, and shall be formally enrolled; and shall consist of such number of officers and men, and shall (subject to the provisions of section 6) be constituted in such manner, and the members of such force shall receive such pay, as shall from time to time be ordered by the President of the Union * * * * 2 .

4. (1) The superintendence and administration of the police throughout the general police-district shall, subject to the control of the President of the Union, * * * 2 be vested in an officer to be styled the Inspector-General of Police.
(2) The President of the Union may appoint so many Deputy Inspectors-General of Police and Assistant Inspectors-General of Police as he may deem fit, to assist the Inspector-General in the superintendence and administration of the Police. Such Deputy and Assistant Inspectors-General shall be subordinate to and under the control of the Inspector-General, and shall exercise and discharge such duties, powers and functions as the President of the Union may, by order, vest in or impose upon them.

5. (1) The administration of the police of each district shall be vested in a District Superintendent of Police, who shall be solely responsible for the administration of the police-force of the district, but in matters affecting the responsibility of the District Magistrate for the peace and good order of the district shall be subject to the control of the District Magistrate.

***FOOT NOTE
1. For a list of towns and local areas to which sections 35 to 41 have been extended, See Home Dept. Notification No. 421, dated the 22nd May 1947.
2. Deleted by the Union of Burma (Adaptation of Laws) Order, 1948.
(2) If any difference of opinion arises between the District Magistrate and the District Superintendent of Police as to whether any matter is or is not a matter affecting the responsibility of the District Magistrate for the peace and good order of the District, the dispute shall be referred by the District Magistrate to the President of the Union, whose decision thereon shall be final.
(3) The President of the Union may appoint in any district one or more Assistant or Deputy Superintendents of Police, as he may deem fit, to assist the District Superintendent of Police in the exercise and discharge of his duties, powers and functions. Such Assistant or Deputy Superintendents shall exercise and discharge such of the duties, powers and functions of the District Superintendent of Police as may be conferred or imposed upon them by general or special order of the Inspector-General, and they shall be subordinate to and under the control of the District Superintendent.
(4) Nothing in this section shall be deemed to authorize the District Magistrate to exercise any control over the internal management and discipline of the police-force.

6. (1) There shall be the following grades of police-officers subordinate to District Superintendents, Assistant Superintendents and Deputy Superintendents, namely

(i) Inspectors;
(ii) Sub-Inspectors;
(iii) Station-writers;
(iv) Head Constables;
(v) Constables.

(2) Each grade of officer mentioned in the list in sub-section (1) shall be of a lower grade than the grade mentioned immediately above it, and shall be subordinate to the grades above it in the said list.

7. (1) The appointment and promotion of Deputy Superintendents of Police shall be made by the President of the Union, who may at any time suspend, reduce, remove or dismiss any Deputy Superintendent whom he thinks remiss or negligent in the discharge of his duty or unfit for the same.
(2) The posting of Deputy Superintendents of Police shall be made by the Inspector-General, subject to the control of the President of the Union.
(8) (1) Subject to the control of the President of the Union, the appointment, promotion and posting of all police-officers of the subordinate ranks shall be made by the Inspector-General, and he may at any time suspend, reduce, remove or dismiss any such police-officer whom he thinks remiss or negligent in the discharge of his duty or unfit for the same; or may award to any such police-officer who discharges his duty in a careless or negligent manner, or who by any act of his own shall render himself unfit for the discharge thereof, any one or more of the punishments prescribed by rules made under the provisions of sub-section (2).
(2) Subject to the previous approval of the President of the Union the Inspector-General may make rules ; —

(a) prescribing the punishments which may be awarded to a police-officer of the subordinate ranks under sub-section (1);
(b) delegating his powers under sub-section (1), in respect of police-officers of such rank or ranks as may be prescribed, to any police-officer not below the rank of Inspector;
(c) prescribing the procedure to be followed in inquiries into the conduct of police-officers of the subordinate ranks;
(d) prescribing the cases in which and the authorities to whom a police-officer of the subordinate ranks shall be entitled to appeal from an order which is to his disadvantage:
Provided that no such officer shall be entitled to more than one appeal respect of the same Order.

9. Every police-officer appointed under this Act shall make and subscribe an oath according to the form set out in Schedule I to this Act, and shall receive on his appointment a certificate in the form set out in Schedule II under the seal of the Inspector-General, or such other officer as the Inspector-General may appoint in this behalf, by virtue of which the person holding such certificate shall be vested with the powers, functions and privileges of a police-officer.
Such certificate shall cease to have effect whenever the person named in it ceases for any reason to be a police-officer.

10. Every person who ceases to be a police-officer shall forthwith deliver up to the District Superintendent of the district in which he is serving at the time when he so ceases to be a police-officer the certificate granted to him under section 9 and the clothing, accoutrements, appointments and other articles which have been supplied to him for the execution of his duty.

11. A police-officer shall not by reason of being suspended from office cease to be a police-officer. During the term of such suspension the powers, functions and privileges vested in him as a police-officer shall be in abeyance, but be shall continue subject to the same responsibilities, discipline and penalties as if he had not been suspended.

12. (1) No police-officer shall be at liberty to withdraw himself from the ¬duties of his office, unless expressly allowed to do so by the District Superintendent or by some other officer authorized by the District Superintendent to grant such permission, or, without the leave of the District Superintendent, to resign his office, unless he shall have served continuously for at least eighteen months in the police-force in the Union of Burma and unless he shall have given to the District Superintendent notice in writing, for a period of not less than two months, of his intention to resign.
(2) No police-officer shall engage in any employment or office whatever other than his duties under this Act, unless expressly permitted to do so in writing by the Inspector-General.

13. The Inspector-General of Police may, from time to time, subject to the approval of the President of the Union, frame such order and rules as he shall deem expedient relative to the organization, classification and distribution of the police-force, the places at which the members of the force shall reside, and the particular services to be performed by them; their inspection, the description of arms, accoutrements and other necessaries to be furnished to them; the collecting and communicating by them of intelligence and information ; and all such other orders and rules relative to the police-force as the Inspector-General shall, from time to time, deem expedient for preventing abuse or neglect of duty, and for rendering such force efficient in the discharge of its duties.

14. Nothing in this Act shall affect any village police-officer unless such officer shall be enrolled as a police-officer under this Act. When so enrolled, such officer shall be bound by the provisions of section 16.
No village police-officer shall be enrolled without his consent.

15. Notwithstanding anything contained in this Act or in the Rangoon Police Act, but subject to any general or special orders which the President of the Union may make in this behalf, a member of the police-force of any part of the Union of Burma may discharge the functions of a police-officer in any other part of the Union of Burma, and shall, while so discharging such functions, be deemed to be a member of the police-force of such other part and be vested with the privileges, powers and functions, and be subject to the liabilities, of a member of the police-force of such other part.

CHAPTER III.

POWERS AND DUTIES OP POLICE-OFFICERS.

16. Police-officers enrolled under this Act shall not exercise any authority except the authority provided for a police-officer under this Act and any other law for the time being in force.

17. Every police-officer shall, for all purposes, be considered to be always on duty, and may at any time be employed as a police-officer in any part of the general po1ice-district.

18. It shall be the duty of every police-officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority, and to, take lawful measures —
(i) to collect and communicate intelligence affecting the public peace;
(ii) to prevent the commission of offences and public nuisances;
(iii) to detect and bring offenders to justice;
(iv) to apprehend all persons whom he is legally authorized to apprehend and for whose apprehension sufficient ground exists;
(v) to regulate processions and assemblies in public places;
(vi) to regulate the traffic upon public thoroughfares and remove obstructions therefrom;
(vii) to preserve order and decorum in public places, in places of public resort and in assemblies for public amusements;
(viii) to protect unclaimed or lost property and to find the owners thereof;
(ix) to take charge of and impound stray animals;
(x) to assist in the protection of life and property at fires;
(xi) to protect public property from loss or injury;
(xii) to attend criminal Courts and assist the Magistrates in keeping order therein;
(xiii) to execute warrants of arrest and serve summonses and notices wherever specially directed by a Magistrate to do so.

It shall be lawful for every police-officer, for any of the purposes mentioned in this section, without warrant to enter and inspect any pawnshop, drinking shop, gaming-house or other place of resort of loose and disorderly characters.

19. Police-officers shall in the performance of their duties have free admission to all places of public resort and assemblies for public amusement while open to any section of the public.

20. It shall be the duty of every police-officer to take charge of all unclaimed property, and to furnish an inventory thereof to the District Magistrate, and the shall be guided as to the disposal of such property by such orders as he shall receive from the District Magistrate.

21. (1) The District Magistrate may detain any such property as is referred to in section 20, and issue a proclamation, specifying the articles of which it consists, and requiring any person who has any claim thereto to appear and establish his right to the same within six months from the date of such proclamation.
(2) The provisions of section 525 of the Code of Criminal Procedure shall be applicable to property referred to in this section.

22. (1) If no person shall within the period allowed claim such property, or the proceeds thereof, if sold, it may, if not already sold under sub-section (2) of the last preceding section, be sold under the orders of the District Magistrate,
(2) The sale-proceeds of property sold under the preceding sub-section, and the proceeds of property sold under section 21, to which no claim is established shall be at the disposal of the Government.

CHAPTER IV.

SPECIAL PROVISIONS FOR ADDITIONAL POLICE AND DISTURBED AREAS.

23. Whenever any railway, canal or other public work, or any manufactory or commercial concern shall be carried on, or be in operation in any part of the Union of Burma, and it shall appear to the Inspector-General that the employment of an additional police-force in such place is rendered necessary by the behaviour or reasonable apprehension of the behaviour of the persons employed upon such work, manufactory or concern, it shall be lawful for the Inspector-General, subject to the control of the President of the Union, to depute such additional force to such place, and to employ the same so long as such necessity shall continue , and to make orders, from time to time, upon the person having the control or custody of the funds used in carrying on such work, manufactory or concern, for the payment of the extra force so rendered necessary, and such person shall thereupon cause payment to be made accordingly.

24. (1) Subject to the control of the President of the Union, the Inspector-General of Police, and any Deputy Inspector-General or Assistant Inspector-General, may, on the application of any person showing the necessity thereof, depute any additional number of police-officers to keep the peace at any place within the general police-district, and for such time as shall be deemed proper, and such force shall be exclusively under the orders of the District Superintendent of Police of the district in which the said force is serving. Such force shall be at the charge of the person making the application:

Provided that it shall be lawful for the person on whose application such deputation shall have been made, on giving one month’s notice in writing to the Inspector-General, Deputy Inspector-General or Assistant Inspector-General, as the case may be, to require that the police-officers so deputed shall be withdrawn, and such person shall be relieved from the charge of such additional force from the expiration of such notice.
(2) Subject to the control of the District Magistrate, a District Superintendent Police may exercise the powers conferred on the Inspector-General by sub-section (1) within the limits of his district.

25. (1) The President of the Union may, by proclamation to be published in the Gazette and in such other manner as the President of the Union shall direct, declare that any area specified in the proclamation has been found to be in a disturbed or dangerous state, or that, from the conduct of the inhabitants of such area or of any class or section of such inhabitants, it is expedient to increase the number of police.
(2) On the issue of such a proclamation, the Inspector-General of Police, or any other police-officer authorized by the President of the Union in this behalf, may, with the sanction of the President of the Union, employ any police-force in addition to the ordinary fixed complement, to be quartered in the area specified in such proclamation as aforesaid.
(3) Subject to the provisions of sub-section (5) of this section, the cost of such additional police-force shall be borne by the inhabitants of the area specified in the proclamation.
(4) The District Magistrate, after such enquiry as he may deem necessary, shall apportion such cost among the inhabitants who are, as aforesaid, liable to bear the same and who shall not have been exempted under the next succeeding sub-section. Such apportionment shall be made according to the Magistrate’s judgment of the respective means within such area of such inhabitants.
(5) The President of the Union may, by order in writing, exempt any person or class or section of such inhabitants from liability to bear any portion of such cost.
(6) Every proclamation issued under sub-section (1) shall state the period for which it is to remain in force, but it may be withdrawn at any time or con¬tinued from time to time for a further period or periods, as the President of the Union may in each case think fit to direct.

Explanation.— For the purposes of this section and of section 26, inhabitants” shall include persons who themselves or by their agents or servants occupy or bold land or other immovable property within such area, and landlords who themselves or by their agents or servants collect rents direct from tenants or occupiers in such area, notwithstanding that they do not actually reside therein.

26. (1) If, in any area in regard to which any proclamation published under section 25 is in force, death or grievous hurt or loss of, or damage to, property has been caused by or has ensued from the misconduct of the inhabitants of such area, or any class or section of them, any person, being an inhabitant of such area, who claims to have suffered injury from such misconduct may make, within one month from the date of the injury or such shorter period as may be prescribed, an application for compensation to the District Magistrate of the district within which such area is situated.
(2) Thereupon the District Magistrate may, with the sanction of the President of the Union, after such enquiry as he may deem necessary, and whether any additional police-force has or has not been quartered in such area under section 25, —

(a) declare the persons to whom injury has been caused by or has ensued from such misconduct;
(b) fix the amount of compensation to be paid to such persons and the manner in which it is to be distributed among them ; and
(c) assess the proportion in which the same shall be paid by the inhabitants of such area (other than the applicant) who shall not have been exempted from liability to pay under sub-section (3):

Provided that the District Magistrate shall not make any declaration or assessment under this sub-section unless he is of opinion that such injury as aforesaid has arisen from a riot or unlawful assembly within such area, and that the person who suffered the injury was himself free from blame in respect of the occurrences which led to such injury.

(3) The President of the Union may, by order in writing, exempt any persons or class or section of such inhabitants from liability to pay any portion of such compensation.
(4) Every declaration or assessment made or order passed by the District Magistrate under sub-section (2) shall be subject to revision by the President of the Union, but save as aforesaid shall be final.
(5) No civil suit shall be maintainable in respect of any injury for compensation has been awarded under this section.

27. When it shall appear that any unlawful assembly, or riot or disturbance of the peace has taken place, or may be reasonably apprehended, and that police-force ordinarily employed for preserving the peace is not sufficient for its preservation and for the protection of the inhabitants and the security of property in the place where such unlawful assembly or riot or disturbance of the peace has occurred, or is apprehended, any police-officer not below the rank of Inspector may apply to the nearest Magistrate to appoint so many of the residents of the neighbourhood as such police-officer may require to act as special police-officers for such time and within such limits as be shall deem necessary; and the Magistrate to whom such application is made shall, unless he sees cause to contrary, comply with the application.

28. (1) The District Magistrate may, on the application of the District Superintendent of Police, appoint so many of the inhabitants of the district as the District Superintendent may require to be special police reserve officers, notwithstanding that a breach of the public peace has not taken place or is not reasonably apprehended:
Provided that no person shall .be appointed as a special police reserve officer against his will.
(2) Every special police reserve officer may be called out by the District Superintendent of the district in which he resides, for training or for the protection of its inhabitants and the security of property therein, and for the general preservation of the public peace therein; but no such officer shall be employed for any other purpose without his consent and the District Magistrate’s permission in writing.

29. The Inspector-General of Police may, subject to the control of the President of the Union, frame such orders and rules as he shall deem expedient relating to the organization, conditions of appointment and service, duties, discipline, arms, accoutrements and clothing of the special police reserve officers appointed under section 28, and generally for the purpose of rendering such officers efficient in the discharge of their duties and for preventing abuse of power or neglect of duty.

30. Every special police-officer appointed under section 27, and every special police reserve officer who has been called out under sub-section (2) of section 28, shall have the same powers, privileges and protection, be amenable to the same penalties, be subordinate to the same officers of police, and be liable to perform the same duties in connection with the preservation of the public peace and the protection of life and property in the district in which he resides, as the ordinary officers of police.

CHAPTER V.

MAINTENANCE OF LAW AND ORDER.

31. (1) The District Superintendent or any Assistant or Deputy Superintendent of Police, may, as occasion requires, direct the conduct of all assemblies and processions on the public roads, or in the public-streets or thoroughfares, and prescribe the routes by which, and the times at which, such processions may pass.
(2) The District Superintendent or any Assistant or Deputy Superintendent may also, on being satisfied that it is intended by any persons or class of persons to convene or collect an assembly in any such road, street or thoroughfare, or to form a procession, which would, in his opinion, be likely to cause a breach of the peace if uncontrolled, require by general or special notice that the persons convening or collecting such assembly or directing or promoting such procession shall apply for and obtain a licence.
(3) On such application being made, he may issue a licence specifying the names of the licensees and defining the conditions on which alone such assembly or such procession is to be permitted to take place and otherwise giving effect to this section.
(4) The District Superintendent or any Assistant or Deputy Superintendent may also regulate, by the issue of a licence or otherwise, the extent to which music may be used in the streets on the occasion of festivals and ceremonies.

32. (1) Any Magistrate or District Superintendent or Assistant or Deputy Superintendent of Police, or Inspector or officer in charge of a police-station, may stop any procession which violates the conditions of a licence granted under section 31 and may order it or any assembly which violates any such condition as aforesaid to disperse.
(2) Any procession or assembly which neglects or refuses to obey any order given under sub-section (1) shall be deemed to be an unlawful assembly.

33. It shall be the duty of the police to keep order on the public roads, and in the public streets, thoroughfares, bathing and landing places, and at all other places of public resort, and to prevent obstruction on the occasions of assemblies and processions on the public roads and in the public streets, or in the neighborhood of places of worship during the time of public worship, and in any case when any road, street, thoroughfare, bathing or landing place may be thronged or may be liable to be obstructed.

34. No person shall, on any road or in any open place or street or thoroughfare within the limits of any local area to which this section has been extended, commit any of the following acts to the obstruction, inconvenience, annoyance, risk, danger or damage of the residents or passers-by, namely : —
(1) riding or driving any cattle recklessly or furiously or training or breaking any horse or other cattle;
(2 ) slaughtering any cattle or cleaning any carcass;
(3) wantonly or cruelly beating or torturing any animal;
(4) keeping any cattle or conveyance of any kind standing is required for loading or unloading or for taking up or setting down passengers or leaving any conveyance in such a manner as to cause, any inconvenience or danger to the public;
(5) exposing any goods for sale;
(6) throwing or placing any dirt, filth, rubbish, or any stones or building materials, or constructing any cow-shed, stable or similar structure, or causing any offensive matter to run from any house, factory, dung heap, or other place;
(7) being found drunk or riotous or incapable of taking care of himself, or behaving in a disorderly manner or using any abusive, insulting or obscene words or gestures whereby a breach of the peace or a public nuisance may be caused;
(8) willfully and indecently exposing his person, or any offensive deformity or disease or committing nuisance by easing himself, or by bathing or washing in any tank or reservoir not being a place set apart for¬ that purpose ; or
(9) neglecting to fence in or duly protect any well, tank or other dangerous place or structure.

35. (a) Any person found armed with any dangerous or offensive instrument whatsoever, who is unable to give a satisfactory account of his reasons for being so armed ;
(b) any reputed thief found between sunset and sunrise remaining or loitering in any bazaar, street, road, yard, thoroughfare or other place, who is unable to give a satisfactory account of himself ;
(c) any person found between sunset and sunrise having his face covered or otherwise disguised, who is unable to give a satisfactory account himself;
(d) any person found within the precincts of any dwelling-house other building whatsoever, or in any back-drainage space, on board any vessel, without being able satisfactorily to account for his presence therein ; and
(e) any person having in his possession, without lawful excuse, any implement of house-breaking,

may be taken into custody by any police-officer without a warrant, and shall be punishable on conviction with imprisonment for a term which may extend to three months.

36. Whoever has in his possession or conveys in any manner anything which may reasonably be suspected to be stolen property, as defined in section 410 of the Penal Code, may be taken into custody by any police-officer without a warrant, and shall, if he fails to account satisfactorily for his possession of the same, be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.

37. (1) Whenever any person is convicted of an offence under section 35 or section 36, and it is deemed necessary to require such person to execute a bond for his good behaviour, the convicting Court at the time of passing sentence on such person, or an appellate Court on appeal, or the High Court in exercise of its revisional powers, may order such person to execute a bond, with or without sureties, for his good behaviour during such period not exceeding one year, and for such amount, as it thinks fit to fix:

Provided that —
(i) the amount of such bond shall be fixed with due regard to the circumstances of the case and shall not be excessive ; and
(ii) when the person so convicted is a minor, the bond shall be executed only by his sureties.
(2) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.
(3) The provisions of sections 120 to 126A, inclusive, and 514, 514A, 514B, 515 of the Code of Criminal Procedure shall apply in the case of any security so required under this section:
Provided that the imprisonment for failure to give the security so required shall always be rigorous.

38. The District Magistrate may, by an order in writing publicly promulgated or addressed to individuals,—
(a) prohibit the carrying of d has of a kind exempted from the provisions of the Arms Act, bludgeons, loaded-sticks, hunting crops, clasp-knives of a specified size, or other offensive instruments, in any public place;
(b) whenever and for such time as he shall consider necessary for the preservation of the public peace or safety, prohibit —

(i) the carrying, collection and preparation of stones or other missiles or instruments or means of casting or impelling missiles;
(ii) the exhibition of persons or of corpses, or figures or effigies, in any public place; -
(iii) the public utterance of cries, singing of songs and playing of music; and
(iv) the delivery of harangues, the use of gestures or mimetic representations, and the preparation, exhibition or dissemination of pictures, symbols, placards, or of any other object or thing, when such action, object or thing may be of a nature to outrage morality or decency, or, in the opinion of the District Magistrate, may probably inflame religious animosity or hostility between different classes, or incite to the commission of an offence, to a disturbance of the public peace, or to resistance to or contempt of the law or of any lawful authority.

39. Save as provided by any other law for the time being in force, no person shall, without a licence issued by the District Superintendent of Police or otherwise than in accordance with such conditions as may from time to time be imp3sed by him, play or operate or permit to be played or operated, in furtherance of or in connection with or in pursuance of his trade or business, any mechanical instrument or any device for the production of music or of the sound of the human voice or of other sounds:

Provided that nothing in this section shall apply to the playing or operating of such instruments or devices by professional musicians or actors for the purposes of bonâ fide rehearsals in the pursuance of their profession.

40. Whoever —
(i) begs or applies for alms for himself; or
(ii) seeks for or obtains alms by means of any false statement or pretence, or
(iii) exposes or exhibits any sore, wound, bodily ailment or deformity with the object of exciting charity or of obtaining alms,

shall be punishable with fine which may extend to fifty rupees, or with imprisonment which may extend to one month, or with both.

41. (1) The District Magistrate may direct any person who has been twice convicted of an offence under section 40 to remove himself to such place by such route and within such time as he may prescribe.
(2) If any person so directed under sub-section (1) fails or refuses to remove himself within the time specified, the District Magistrate may cause such person to be arrested and removed in police custody to such place as he may in case direct.
(3) If any person who has been directed to remove himself or has removed under the foregoing sub-sections returns to any place from which be was directed to remove himself or was removed, without the permission in writing of the District Magistrate, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

CHAPTER VI.

PENALTIES.

42. Every person, having ceased to be a police-officer under this who shall not forthwith deliver up the certificate granted to him under section and the clothing, accoutrements, appointments and other articles, which have been supplied to him for the execution of his duty, shall be punishable with fine not exceeding two hundred rupees, or with imprisonment for a which may extend to six months, or with both.

43. Any police-officer who —
(a) shall withdraw himself from the duties of his office contrary to the provisions of sub-section (1) of section 12;
(b) shall engage in any employment or office contrary to the provisions of sub-section (2) of section 12;
(c) being absent on leave shall fail, without reasonable cause, to report himself for duty on the expiry of such leave;
(d) shall be guilty of any violation of duty or willful breach or neglects of any rule or order made by a competent authority;
(e) shall be guilty of cowardice ; or
(f) shall offer any unwarrantable personal violence to any person in his custody;

shall he punishable with imprisonment for a term which may extend to threes months, or with fine not exceeding three months’ pay, or with both.

44. Any person who knowingly makes a false statement or uses a false document for the purpose of obtaining for himself or any other person employment or release from employment as a police-officer shall be punishable with imprisonment for a term which may extend to three months, or with fine not exceeding one hundred rupees, or with both.

45. Any person appointed as a special police-officer, or any special police reserve officer being called out under sub-section (2) of section 28, who, without sufficient excuse, neglects or refuses to act as such, or to obey such rule, order or direction as may be given to him for the performance of his duties, shall be punishable with fine not exceeding fifty rupees for every such neglect, refusal or disobedience.

46. Every person opposing or not obeying any order issued under section 31, 32 or 33, or violating the conditions of any licence granted by a District Superintendent or Deputy or Assistant Superintendent of Police for the use of music, or for the conduct of assemblies and processions, shall be punishable with imprisonment for a term which may extend to three months, or with fine not exceeding two hundred rupees, or with both.

47. Any person committing any act prohibited by section 34 shall be punishable with fine not exceeding fifty rupees or with imprisonment not exceeding eight days; and it shall be lawful for any police-officer to take into custody, without a warrant, any person who within his view commits any of the acts specified in the said section:
Provided that, notwithstanding anything contained in section 65 of the Penal Code any person sentenced to fine under this section may be imprisoned in default of payment of such fine for any period not exceeding eight days.

48. Whoever contravenes a prohibition under section 38 shall be punishable with imprisonment for a term which may extend to three months, or with fine not exceeding one hundred rupees, or with both.

49. Whoever plays or operates, or permits to be played or operated, any mechanical instrument or device, in contravention of the provisions of section 39, shall be punishable with fine not exceeding one hundred rupees, or with imprisonment not exceeding eight days, or with both.

CHAPTER VII.

MISCELLANEOUS.

50. (1) All moneys payable under sections 23, 24, 25 and 26 shall be recoverable by the District Magistrate in the manner provided by sections 386 and 387 of the Code of Criminal Procedure for the recovery of fines, or by suit in any competent Court.
(2) All moneys paid or recovered under sections 23, 24 and 25 shall form part of the revenues of the Union of Burma.
(3) All moneys paid or recovered under section 26 shall be paid by the District Magistrate to the persons to whom and in the proportions in which the same are payable under that section.

51. All sums paid for the service of process by police-officers, and all rewards, forfeitures and penalties, or shares of rewards, forfeitures and penalties, which, by law, are payable to informers shall, when the information is laid by a police-officer, form part of the revenues of the Union of Burma.

52. All criminal proceedings against any person which may be lawfully brought for anything done or intended to be done under the provisions of this Act, or under the general police-powers hereby given, shall be commenced within three months after the act complained of shall have been committed and not otherwise.

53. No suit shall he instituted in any civil Court against any person for anything done or intended to be done under the provisions of, or under the general police powers given by this Act, unless notice in writing of such suit and of the cause thereof shall have been given to the defendant, or to the District Superintendent of Police to whom the defendant is subordinate, one month at least hi the commencement of such suit:
Provided that no suit shall in any case lie where any such person shall been prosecuted criminally for the same act.

54. When any suit or criminal prosecution is brought against any police officer for any act done by him in such capacity, it shall be lawful for him to plead that such act was done by him under the authority of a warrant issued by a Magistrate.
Such plea shall be proved by the production of the warrant directing the act and purporting to be signed by such Magistrate, and the suit shall thereupon be dismissed or the accused shall be discharged, as the case may be, notwithstanding any defect of jurisdiction in the Magistrate who issued the warrant:
Provided always that any remedy which the party may have against authority issuing such warrant shall not be affected by anything contained in section.

55. It shall be the duty of every officer in charge of a police-station to keep a general diary in such form as shall, from time to time, be prescribed by the President of the Union, and to record therein all complaints and charges preferred, the names of complainants, the names of all persons arrested, the offences charged against them and the weapons or property that shall have been taken from their possession or otherwise.
The District Magistrate shall be at liberty to call for and inspect such diary.

56. (1) The President of the Union may make rules to carry into effect the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the President of the Union may make rules to provide for all or any of the following matters, namely :—
(a) directing the submission of such returns by the Inspector-General and other police-officers as to him shall seem proper, and prescribing the forms in which such returns shall be made;
(b) regulating the procedure to be followed by Magistrates and police officers in the discharge of any duty imposed upon them by or under this Act ; -
(c) prescribing the time, manner and conditions within and under which claims for compensation under section 26 are to be made, the particulars to be stated in such claims, the manner in which the same are to be verified, and the proceedings (including local inquiries, if necessary) which are to be taken consequent thereon;
(d) prescribing the form in which general diaries shall be kept; and
(e) prescribing the fee for any licence that may be granted under this Act.
(3) All rules made under this Act shall be published in the Gazette.

57. * * * *

*** FOOT NOTE
1. Deleted by the Union of Burma (Adaptation of Laws) Order, 1948.

SCHEDULE I.

(See section 9.)

I have read (or had read over to me) Chapter III of the Police Act, 1945, and on being appointed*
swear
under the said Act, I do hereby solemnly affirm that I will truly and faithfully

1[maintain the Constitution of the Union] and discharge all powers and duties vested in me faithfully and according to law.

SCHEDULE II.

(See section 9.)

A. B. has been appointed a member of the police-force under the Police Act 1945, and is vested with the powers, functions and privileges, of a police-officer.

The Burma Code Volume 1: The Prisoners Act

CONTENTS.

PART I.

PRELIMINARY.

Sections.
1. * * * *

2. Definitions.

PART II.

GENERAL.

3. Officers in charge of prisons to detain persons duly committed to their custody.

4. Officers in charge of prisons to return writs, etc., after execution or discharge.

PART III.

5—13. * * * *

PART IV.

14. * * * *

15. Power for officers in charge of prisons to give effect to sentences of certain Courts.

16. Warrant of officer of such Court to be sufficient authority.

17. Procedure where officer in charge of prison doubts the legality of warrant sent to him for execution under this Part.

18. * * * *

PART V.

19. --- 27.

PART VI.

REMOVAL OF PRISONERS.

28. * * * *

29. Removal of Prisoners.

30. Lunatic prisoners how to be dealt with.

31. * * * *

PART VII
PERSON UNDER SENTENCE OF TRANSPORTATION.

32. Appointed of places for confinement of persons under sentence of transportation and removal thereto.

PART VIII

DISCHARGE OF PRISONERS.

33. Release, on recognized, by order of High Court, of prisoner recommended for pardon.

PART IX

PROVISION FOR REQUIRING THE ATTENDANCE OF PRISONERS AND OBTAINING THEIR EVIDENCE.
Attendance of Prisoners in Court.

34. * * * *

35. Power for civil Courts to require appearance of prisoner to give evidence.

36. District Judge in certain cases to countersign orders made under section 35.

37. Power for certain criminal Courts to require attendance of prisoner to give evidence or answer to charge.

38. Order to be transmitted through Magistrate of the district or subdivision in which person is confined.

39. Procedure where removal is desired of person confined more than one hundred miles from place where evidence is required.

40. * * * *

41. Prisoner to be brought up.

42. Power to President to exempt certain prisoners from operation of this Part.

43. Officer in charge of prison when to abstain from carrying out order.

Commissions for Examination of Prisoners.

44. Commissions for exanimation of prisoners.

45. * * *

46. Commission how to be directed.

Service of Process on Prisoners.

47. Process how served on prisoners.

48. Process served to be transmitted at prisoner’s request.

Miscellaneous.

49. * * * *

50. Deposit of costs.

51. Power to make rules under this Part.

52. Power to declare who shall be deemed officer in charge of prison.

THE FIRST SCHEDULE.

THE SECOND SCHEDULE.

THE PRISONERS ACT.
[ INDIA ACT III, 1900. ]
( 2nd February, 1900.)

PART I.

PREI.IMINARY.

1. * * * *

2. In this Act, unless there is anything repugnant in the subject or context,
(a) "Court" includes any officer lawfully exercising civil, criminal or revenue jurisdiction; and

(b) "prison" includes any place which has been declared by the Governor, by general or special order, to be a subsidiary jail.

PART II.

GENERAL.

3. The officer in charge of a prison shall receive and detain all persons duly committed to his custody, under this Act or otherwise, by any Court, according to he exigency of any writ, warrant or order by which such person has been committed, or until such person is discharged or removed in due course of law.

4. The officer in charge of a prison shall forthwith, after the execution of every such writ, order or warrant as aforesaid, other than a warrant of commitment for trial, or after the discharge of the person committed thereby, return such writ, order or warrant to the Court by which the same was issued or made, together with a certificate, endorsed thereon and signed by him, showing how the same has been executed, or why the person committed thereby has been discharged from custody before the execution thereof.

PART III.

5--- 13. * * * *

PART IV.

14. * * * *

¹15. Officer in charge of prisons may give effect to any sentence or order or arrant for the detention of any person passed or issued by any Court or tribunal acting, whether within or without the Union of Burma, under the general or special authority of the President of the Union.

16. A warrant under the official signature of an officer of such Court or tribunal as is referred to in section 15 shall be sufficient authority for holding any person in confinement, or for sending any person for transportation, in pursuance of the sentence passed upon him.

17. (1) Where an officer in charge of a prison doubts the legality of a warrant or order sent to him for execution under this Part, or the competency of the person whose official seal or signature is affixed thereto to pass the sentence and issue the warrant or order, he shall refer the matter to the President of the Union, by whose order on the case he and all other public officers shall be guided as to the future disposal of the prisoner.
(2) Pending a reference made under sub-section (1), the prisoner shall be detained in such manner and with such restrictions or mitigations as may be specified in the warrant or order.

²18. * * * *

***FOOT NOTE
1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.
2. Deleted by the Union of Burma (Adaptation of Laws) Order, 1948.

PART V.¹

¹19. --- 27. * * * *

PART VI.

REMOVAL, OF PRISONERS.

28. * * * *

¹29. * * * *
(2) The President of the Union and (subject to the orders of the President of the Union) the Inspector-¬General of Prisons may, by general or special order, provide for the removal of any prisoner confined as aforesaid in a prison in the Union of Burma to any other prison in the Union of Burma, or to any lunatic asylum in the Union of Burma for the purpose of observation as to the mental condition of any such prisoner.

30. (1) Where it appears to the President of the Union that any person detained or imprisoned under any order or sentence of any Court is of unsound mind, the President of the Union may, by a warrant setting forth the grounds of belief that the person is of unsound mind, order his removal to a lunatic asylum or other place of safe custody within the Union of Burma, there to be kept and treated as the President of the Union directs during the remainder of the term for which he has been ordered or sentenced to be detained or imprisoned, or, if on the expiration of that term it is certified by a medical officer hat it is necessary for the safety of the prisoner or others that he should be further detained under medical care or treatment, then until he is discharged according to law.
(2) Where it appears to the President of the Union that the prisoner has become of sound mind, the President of the Union shall, by a warrant directed to the person having charge of the prisoner, if still liable to be kept in custody, remand him to the prison front which he was removed, or to another prison within the Union of Burma, or, if the prisoner is no longer liable to be kept mi custody, order him to he discharged.
(3) The provisions of section.31 of the Lunacy Act shall apply to every person confined in a lunatic asylum under sub-section (1) after the expiration of the term for which he was ordered or sentenced to be detained or imprisoned; and the time during which a prisoner is confined in a lunatic asylum under that sub-section shall reckoned as part of the term of detention or imprisonment which he may have been ordered or sentenced by the Court to undergo.
¹(4)
31. * * * *

PART VII.

PERSONS UNDER SENTENCE OF TRANSPORTATION.

32. (1) The President of the Union may appoint places within the Union of Burma to which persons under sentence of transportation shall be sent; and the President of the Union, or some officer duly authorized in this behalf by the President of the Union, shall give orders for the removal of such persons to the places so appointed, except when sentence of transportation is passed on a person already undergoing transportation under a sentence previously passed for another offence.

***FOOT NOTE
1. Deleted by the Union of Burma (Adaptation of Laws) Order, 1948.

¹(2) In any case in which the President of the Union is competent under sub-section (1) to appoint places within Union of Burma and to order the removal thereto of persons under sentence of transportation, the President of the Union may appoint such places in any State outside the Union of Burma by agreement with the Government of the State, and may by like agreement give orders or duly authorize some officer to give orders for the removal thereto of such persons.

PART VIII.

DISCHARGE OF PRISONERS.

33. The High Court may, in any case in which it has recommended to ²[the President of the Union] the granting of a free pardon to any prisoner, permit him to be at liberty on his own recognizance.

PART IX.

PROVISIONS FOR REQUIRING THE ATTENDANCE OF PRISONERS AND OBTAINING
THEIR EVIDENCE.

Attendance of Prisoners in Court.

34. * * * *
35. Subject to the provisions of section 39, any civil Court may, if it thinks that the evidence of any person confined in any prison within the local limits of the appellate jurisdiction of the High Court is material in any matter pending before it, make an order in the form set forth in the first schedule, directed to the officer in charge of the prison.

36. (1) Where an order under section 35 is made in any civil matter pending —
(a) in a Court subordinate to tile District Judge, or
(b) in a Court of Small Causes,
it shall not be forwarded to the officer to whom it is directed, or acted upon by him, until it has been submitted to, and countersigned by,—
(i) the District Judge to which the Court is subordinate, or
(ii) the District Judge within the local limits of whose jurisdiction the Court of Small Causes is situate.
(2) Every order submitted to the District Judge under sub-section (1) shall be accompanied by a statement, under the hand of the Judge of the subordinate Court or Court of Small Causes, as the case may be, of the facts which in his opinion render the order necessary, and the District Judge may, after considering such statement, decline to countersign the order.

***FOOT NOTE
1. Amended by the Union of Burma (Adaptation of Laws) Order, 1948.
2. Substituted by ibid.

37. Subject to the provisions of section 39, any criminal Court may, if it thinks that the evidence of any person confined in any prison within the local limits of the appellate jurisdiction of the High Court is material in any matter pending before it, or if a charge of an offence against such person is made or pending, make an order in the form set forth in the first or second schedule, as the case may be, directed to the officer in charge of the prison:
Provided that if such criminal Court is inferior to time Court of a Magistrate of the first class, the order shall be submitted to, and countersigned by, the District Magistrate to whose Court such criminal Court is subordinate or within the local limits of whose jurisdiction such criminal Court is situated.

38. Where any person, for whose attendance an order as in this Part provided is made, is confined in any district other than that in which the Court making or countersigning the order is situate, the order shall be sent by the Court by which it is made or countersigned to the District or Sub-divisional Magistrate within the local limits of whose jurisdiction the person is confined, and that Magistrate shall cause it to be delivered to the officer in charge of the prison in which the person is confined.

39. (1) Where a person is confined in a prison more than one hundred miles distant from the place where any Court, subordinate to the High Court, in which his evidence is required, is held, time Judge or presiding officer of the Court in which the evidence is so required, shall, if he thinks that such person should be removed under this Part for the purpose of giving evidence in such Court, and if the prison is within the local limits of the appellate jurisdiction of the High Court to which such Court is subordinate, apply in writing to the High Court, and the High Court may, if it thinks fit, make an order in the form set forth in the first schedule, direct to the officer in charge of the prison.
(2) The High Court making an order under sub-section (1) shall send it to the District or Sub-Divisional Magistrate within the local limits of whose jurisdiction the person named therein is confined, and such Magistrate shall cause it to be deliver to the officer in charge of the prison in which the person is confined.

40. * * * *

41. Upon delivery of any order under this Part to the officer in charge of the prison in which the person named therein is confined, that officer shall cause him to be taken to the Court in which his attendance is required, so as to be present in the Court at the time in such order mentioned, and shall cause him to be detained in custody in or near the Court until he has been examined or until the Judge or presiding officer of the Court authorizes him to be taken back to time prison in which he was confined.

42. The President of the Union may, by notification in the Gazette, direct that any person or any class of persons shall not be removed from the prison in which he or they may be confined; and thereupon, and so long as such notification remains in force, the provisions of this Part, other than those contained in sections 44 to 46, shall not apply to such person or class of persons.

43. In any of the following cases, that is to say,—
(a) where the person named in any order made under section 35, section 37 or section 39 appears to be, from sickness or other infirmity, unfit to be removed, the officer in charge of the prison in which he is confined shall apply to the District or Sub-divisional Magistrate within the local limits of whose jurisdiction the prison is situate and if such Magistrate, by writing under his hand, declares himself to be of opinion that the person named in the order is, from sickness or other infirmity, unfit to be removed; or
(b) where the person named in any such order is under committal for trial ; or
(c) where the person named in any such order is under a remand pending trial or pending a preliminary investigation ; or
(d) where the person named in any such order is in custody for a period which would expire before the expiration of the time required for removing him under this Part and for taking him back to the prison in which he is confined;
the officer in charge of the prison shall abstain from carrying out the order, and shall send to the Court from which the order has been issued a statement of the reason for so abstaining :
Provided that such officer as aforesaid shall not so abstain where—
(i) the order has been made under section 37 ; and
(ii) the person named in the order is confined under committal for trial, or under a remand pending trial or pending a preliminary investigation, and does not appear to be, from sickness or other infirmity, unfit to be removed; and
(iii) the place, where the evidence of the person named in the order is required, is not more than five miles distant from time prison in which he is confined.

Commissions for Examination of Prisoners.

44. In any of the following cases, that is to say,—
(a) where it appears to any civil Court that the evidence of a person confined in any prison within the local limits of the appellate jurisdiction of the High Court who, for any of the causes mentioned in section 42 or section 43, cannot be removed, is material in any matter pending before it ; or
(b) where it appears to any such Court as aforesaid that the evidence of a person confined in any prison so situate and more than ten miles distant from the place at which such Court is held, is material in any such matter ; or
(c) where the District Judge declines, under section 36, to countersign an order for removal;
the Court may, if it thinks fit, issue a commission, under the provisions of the Code of Civil Procedure, for the examination of the person in the prison in which lie is confined.

45. * * * *

46. Every commission for the examination of a person issued under section 44 shall be directed to the District Judge within the local limits of whose jurisdiction the prison in which the person is confined is situate, and the District Judge shall commit the execution of the commission to the officer in charge of the prison, or to such other person as he may think fit.

Service of Process on Prisoners.

47. When any process directed to any person confined in any prison is issued from any criminal or revenue Court, it may be served by exhibiting to the officer in charge of the prison the original of the process and depositing with him a copy thereof.

48. (1) Every officer in charge of a prison upon whom service is made under section 47 shall, as soon as may be, cause the copy of the process deposited with him to be shown and explained to the person to whom it is directed, and shall thereupon endorse upon the process and sign a certificate to the effect that such person as aforesaid is confined in the prison under his charge and has been shown and had explained to him a copy of the process.
(2) Such certificate as aforesaid shall be Prima facie evidence of the service of the process, and, if the person to whom the process is directed requests that the copy shown and explained to him be sent to any other person and provides the cost of sending it by post, the officer in charge of the prison shall cause it to be so sent.

Miscellaneous.

49. * * * *

50. No order in any civil matter shall be made by a Court under any of the provisions of this Part until the amount of the costs and charges of the execution of such order (to be determined by the Court) is deposited in such Court:
Provided that, if upon any application for such order it appears to the Court to which the application is made that the applicant has not sufficient means to meet the said costs and charges, time Court may pay the same out of any fund applicable to the contingent expenses of such Court, and every sum so expended may be recovered by the Government from any person ordered by the Court to pay the same, as if it were costs in a suit recoverable under the Code of Civil Procedure.

51. (1) The President of the Union may make rules —
(a) for regulating the escort of prisoners to and from Courts in which their attendance is required and for their custody during the period of such attendance ;
(b) for regulating the amount to be allowed for the costs and charges of such escort; and
(c) for the guidance of officers in all other matters connected with the enforcement of this Part.
(2) All rules made under sub-section (1) shall be published in the Gazette, and shall, from the date of such publication, have the same force as if enacted by this Act.

52. The President of the Union may declare what officer shall, for the purposes of this Part, be deemed to be the officer in charge of a prison.

THE FIRST SCHEDULE.

(See sections 35 and 37).

Court of
To the officer in charge of the (state name of Prison).

You are hereby required to produce , now a prisoner in
, under safe and sure conduct before time Court of at
on the day of next by
of the clock in the forenoon of the same day, there to give evidence in a matter now pending before the said Court, and after the said has then
and there given his evidence before the said Court or the said Court has dispensed with his further attendance cause him to be conveyed under safe and sure conduct back to the prison.
The day of
A.B.

(Countersigned) C. D.
THE SECOND SCHEDULE.
(See section 37).

Court of
To the officer in charge of the (state name of Prison).

You are hereby required to produce , now a prisoner in
, under safe and sure conduct before the Court of at

on the day of next by
the clock in the forenoon of the same day, there to answer a charge now pending before the said Court, and after such charge has been disposed of or the said Court has dispensed with his further attendance cause him to be conveyed under safe and sure conduct back to the said prison.
The day of
A.B.
(Countersigned) C. D.

The Burma Code Volume 1: The Prisons Act

CONTENTS.

CHAPTER I.
PRELIMINARY.

Sections.
1-2. * * * *
3. Definitions.

CHAPTER II.
MAINTENANCE AND OFFICERS OF PRISONS.

4. Accommodation for prisoners.
5. Inspector General.
6. Officers of prisons.
7. Temporary accommodation for prisoners.

CHAPTER III.
DUTIES OF OFFICERS.

Generally.

8. Control amid duties of officers of prisons.
9. Officers not to have business dealings with prisoners.
10. Officers not to be interested in prison-contracts.

Superintendent.

11. Superintendent.
12. Records to be kept by Superintendent.

Medical Officer.

13. Duties of Medical Officer.
14. Medical Officer to report in certain cases,
15. Report on death of prisoner,

Jailer.

16. Jailer.
17. Jailer to give notice of death of prisoner.
18. Responsibility of Jailer.
19. Jailer to be present at night.
20. Powers of Deputy and Assistant Jailers.

Subordinate Officers.

21. Duties of gate-keeper.
22. Subordinate officers not to be absent without leave.
23. Convict officers.

CHAPTER IV.
ADMISSION, REMOVAL AND DISCFIARGE OF PRISONERS.

24. Prisoners to be examined on admission.
25. Effects of prisoners.
26. Removal and discharge of prisoners.

CHAPTER V.
DISCIPLINE OF PRISONERS.

27. Separation of prisoners,
28. Association and segregation of prisoners.
29. Solitary confinement.
30. Prisoners under sentence of death.

CHAPTER VI.
FOOD, CLOTHING AND BEDDING OF CIVIL AND UNCONVICTED CRIMINAL PRISONERS.

31. Maintenance of certain prisoners from private sources.
32. Restriction on transfer of food and clothing between certain prisoners.
33. Supply of clothing and bedding to civil and unconvicted criminal prisoners

CHAPTER VII.
EMPLOYMENT OP PRISONERS.

34. Employment of civil prisoners.
35. Employment of criminal prisoners.
36. Employment of criminal prisoners sentenced to simple imprisonment.

CHAPTER VIII.
HEALTH OF PRISONERS.

37. Sick prisoners.
38. Record of directions of Medical Officers.
39. Hospital.

CHAPTER IX.
VISITS OF PRISONERS.

40. Visits to civil and unconvicted criminal prisoners.
41. Search of visitors.

CHAPTER X.
OFFENCES IN RELATION TO PRISONS.

42. Penalty for introduction or removal of prohibited articles into or from prison and communication with prisoners.
43. Power to arrest for offence under section 42.
44. Publication of penalties.

CHAPTER XI.
PRISON-OFFENCES.

45. Prison-offences.
46. Punishment of such offences.
47. Plurality of punishments under section 46.
48. Award of punishments under sections 46 and 47.
49. Punishments to be in accordance with foregoing sections.
50. Medical Officer to certify to fitness of prisoner for punishment.
51. Entries in punishment-books
52. Procedure on committal of heinous offence.
53. Whipping.
54. Offences by prison subordinates.

CHAPTER XII.
MISCELLANEOUS.

55. Extramural custody, control and employment of prisoners.
56. Confinement in irons.
57. Confinement of prisoners under sentence of transportation in irons.
58. Prisoners not to be ironed by Jailer except under necessity.
59. Power to make rules.
60. * * * *
61. Exhibition of copies of rules.
62. Exercise of powers of Superintendent and Medical Officer.

The Prisons Act.
(INDIA ACT IX, 1894.)
(1st July, 1894.)

CHAPTER I.

PRELIMINARY.

1-2. * * * *

3. In this Act—

(1) “prison” means any jail or place used permanently or temporarily under the general or special orders of the Governor for the detention of prisoners, and includes all lands and buildings appurtenant thereto, but does not include—

(a) any place for the confinement of prisoners who are exclusively in the custody of the police ;

(b) any place specially appointed by the Governor under section 541 of the Code of Criminal Procedure ; or

(c) any place which has been declared by the Governor, by general or special order, to be a subsidiary jail:

(2) “criminal prisoner” means any prisoner duly committed to custody under the writ, warrant or order of any Court or authority exercising criminal jurisdiction, or by order of a Court-martial

(3) “convicted criminal prisoner” means any criminal prisoner under sentence of a Court or Court-martial, and includes a person detained in prison under the provisions of Chapter VIII of the Code of Criminal Procedure

(4) “civil prisoner” means any prisoner who is not a criminal prisoner :

(5) “remission system” means the rules for the time being in force regulating the award of marks to, and the consequent shortening of sentences of, prisoners in jails :

(6) “history-ticket” means the ticket exhibiting such information as is required in respect of each prisoner by this Act or the rules thereunder :

(7) “Inspector General” means the Inspector General of Prisons:

(8) “Medical Subordinate” means an Assistant Surgeon, Apothecary or qualified Hospital Assistant : and

(9) “prohibited article” means an article the introduction or removal of which into or out of a prison is prohibited by any rule under this Act.

CHAPTER II.
MAINTENANCE AND OFFICERS OF PRISONS.

4. The Governor shall provide, for the prisoners in British Burma, accommodation in prisons constructed and regulated in such manner as to comply with the requisitions of this Act in respect of the separation of prisoners.

5. An Inspector General shall be appointed for British Burma, and shall exercise, subject to the orders of the Governor, the general control and superintendence of all prisons situated in British Burma.

6. For every prison there shall be a Superintendent, a Medical Officer (who may also be the Superintendent), a Medical Subordinate, a Jailer and such other officers as the Governor thinks necessary.

7. Whenever it appears to the Inspector General that the number of prisoners in any prison is greater than can conveniently or safely be kept therein, and it is not convenient to transfer than excess number to some other prison, or whenever from the outbreak of epidemic disease within any prison, or for any other reason, it is desirable to provide for the temporary shelter and safe custody of any prisoners, provision shall be made, by such officer and in such manner as the Governor may direct, for the shelter and safe custody in temporary prisons of so many of the prisoners as cannot be conveniently or safely kept in the prison.

CHAPTER III.
DUTIES OF OFFICERS.

Generally.

8. All officers of a prison shall obey the directions of the Superintendent ; all officers subordinate to the Jailer shall perform such duties as may be imposed on them by the Jailer with the sanction of the Superintendent or be prescribed by rules under section 59.

9. No officer of a prison shall sell or let, nor shall any person in trust for or employed by him sell or let, or derive any benefit from selling or letting, any article to any prisoner or have any money or other business dealings directly or indirectly with any prisoner.

10. No officer of a prison shall, nor shall any person in trust for or employed by him, have any interest, direct or in direct, in any contract for the supply of the prison ; nor shall he derive any benefit directly or indirectly, from the sale or purchase of any article on behalf of the prison or belonging to a prisoner.

Superintendent.

11. (1) Subject to the orders of the Inspector General, the Superintendent shall manage the prison in all matters relating to discipline, labour, expenditure, punishment and control.

(2) Subject to such general or special directions as may be given by the Governor, the Superintendent of a prison other than a central prison shall obey all orders not inconsistent with this Act or any rule thereunder which may be given respecting the prison by the District Magistrate, and shall report to the Inspector General all such orders and the action taken thereon.

12. The Superintendent shah keep, or cause to be kept, the following records :

(1) a register of prisoners admitted

(2) a book showing when each prisoner is to be released

(3) a punishment-book for the entry of the punishments inflicted on prisoners-
for prison-offences ;

(4) a visitors’ book for the entry of any observations made by the visitors touching any matters connected with the administration of the prison ;

(5) a record of the honey and other articles taken from prisoners ; and all such other records as may be prescribed by rules under section 59.

Medical Officer.

13. Subject to the control of the Superintendent the Medical Officer shall have charge of the sanitary administration of the prison, and shall perform such duties as may be prescribed by rules made by the Governor under Section 59.

14. Whenever the Medical Officer has reason to believe that the mind of a prisoner is, or is likely to lie, injuriously affected by the discipline or treatment to which lie is subjected, the Medical Officer shall report the case in writing to the Superintendent, together with such observations as lie may think proper.

This report, with the orders of the Superintendent thereon, shall forthwith be sent to the Inspector General for information.

15. On the death of ally prisoner, the Medical Officer shall forthwith record in a register the following particulars, so far as they can be ascertained, namely :—

(1) the day on which the deceased first complained of illness or was observed to be ill,

(2) the labour, if any, on which lie was engaged 0n that day,

(3) the scale of his diet on that day,

(4) the day on which he was admitted to hospital,

(5) the (lay on which the Medical Officer was first informed of tile illness,

(6) the nature of the disease,

(7) when the deceased was last seen before his death by the Medical Officer or Medical Subordinate,

(8) when the prisoner died, and

(9) (in cases where a post-mortem examination is made) an account of the appearances after death, together with any special remarks that appear to the Medical Officer to be required.

Jailer.

16. (1) The Jailer shall reside in the prison, unless the Superintendent permits him in writing to reside elsewhere.

(2) The Jailer shall not, without the Inspector General’s sanction in writing, be concerned in any other employment.

17. Upon the death of a prisoner, the Jailer shall give immediate notice thereof to the Superintendent and the Medical Subordinate.

18. The Jailer shall be responsible for the safe custody of the records to be kept under section 12, for the commitment warrants and all other documents confided to his care, and for the money and other articles taken from prisoners.

19. The Jailer shall not be absent from the prison for a night without permission in writing from the Superintendent; but, if absent without leave for a night from unavoidable necessity, he shall immediately report tile fact and the cause of it to the Superintendent.

20. Where a Deputy Jailer or Assistant Jailer is appointed to a prison, he shall, subject to the orders of the Superintendent, be competent to perform any of the duties, and be subject to all the responsibilities, of a Jailer under this Act or my rule thereunder.

Subordinate Officers.

21. The officer acting as gate-keeper, or any other officer of the prison, may examine anything carried in or out of the prison, and may stop and search or cause to be searched any person suspected of bringing any prohibited article into or out f the prison, or of carrying out any property belonging to the prison, and, if any such article or property be found, shall give immediate notice thereof to the Jailer.

22. Officers subordinate to the Jailer shall not be absent from the prison without leave from the Superintendent or from the Jailer.

23. Prisoners who have been appointed as officers of prisons shall be deemed to be public servants within the meaning of the Penal Code.

CHAPTER IV.
ADMISSION, REMOVAL AND DISCHARGE OF PRISONERS.

24. (1) Whenever a prisoner is admitted into prison, he shah be searched, and all weapons and prohibited articles shall be taken from him.

(2) Every criminal prisoner shall also, as soon as possible after admission, be examined under the general or special orders of the Medical Officer, who shall enter or cause to be entered in a book, to be kept by tile Jailer, a record of the state of the prisoner’s health, and of any wounds or marks on his person, the class of labour he is fit for if sentenced to rigorous imprisonment, and any observations which the Medical Officer thinks fit to add.

(3) In the case of female prisoners the search and examination shall be carried out by the matron under the general or special orders of the Medical Officer.

25. All money or other articles in respect whereof no order of a competent Court has been made, and which may with proper authority be brought into the prison by any criminal prisoner or sent to the prison for his use, shall be placed in the custody of the Jailer.

26. (1) All prisoners, previously to being removed to any other prison, shall be examined by the Medical Officer.

(2) No prisoner shall be removed from one prison to another unless the Medical Officer certifies that the prisoner is free from any illness rendering him unfit for removal,

(3) No prisoner shall be discharged against his will from prison, if labouring under any acute or dangerous distemper, nor until, in the opinion of the Medical Officer, such discharge is safe.
CHAPTER V
DISCIPLINE OF PRISONERS.

27. The requisitions of this Act with respect to the separation of prisoners are as follows —

(1) in a prison containing female as well as male prisoners, the females shall be imprisoned in separate buildings, or separate parts of the same building, in such manner as to prevent their seeing, or conversing or holding any intercourse with, time male prisoners;

(2) in a prison where male prisoners under the age of eighteen are confined, means shall be provided for separating them altogether from the other prisoners and for separating those of them who have arrived at the age of puberty from those who have not ;

(3) unconvicted criminal prisoners shall be kept apart from convicted criminal prisoners ; and

(4) civil prisoners shah be kept apart from criminal prisoners.

28. Subject to tile requirements of the last foregoing section, convicted criminal prisoners may be confined either in association or individually in cells or partly in one way and partly in time other.

29. No cell shall be used for solitary confinement unless it is furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison, and every prisoner so confined in a cell for more than twenty-four hours, whether as a punishment or otherwise, shall be visited at least once a day by the Medical Officer or Medical Subordinate.

30. (1) Every prisoner under sentence of death shall, immediately on his arrival in the prison after sentence, be searched by, or by order of, the Jailer and all articles shall be taken from him which the Jailer deems it dangerous or inexpedient to leave in his possession.

(2) Every such prisoner shall be confined in a cell apart from all other prisoners, and shall be placed by day and by night under the charge of a guard.

CHAPTER VI.
FOOD, CLOTHING AND BEDDING OF CIVIL AND UNCONVICTED CRIMINAL
PRISONERS.

31. A civil prisoner or an unconvicted criminal prisoner shah be permitted to maintain himself, and to purchase or receive from private sources at proper hours food, clothing, bedding or other necessaries, but subject to examination and to such rules as may be approved by the Inspector-General.

32. No part of any food, clothing, bedding or other necessaries belonging to any civil or unconvicted criminal prisoner shall be given, hired or sold to any other prisoner; and any prisoner transgressing the provisions of this section shall lose the privilege of purchasing food or receiving it from private sources, for such time as the Superintendent thinks proper.

33. (1) Every civil prisoner and unconvicted criminal prisoner unable to provide himself with sufficient clothing and bedding shall be supplied by the Superintendent with such clothing and bedding as may be necessary.

(2) When any civil prisoner has been committed to prison in execution of a decree in favour of a private person, such person, or his representative, shall, within forty-eight hours after the receipt by him of a demand in writing, pay to the Superintendent the cost of the clothing and bedding so supplied to the prisoner; and in default of such payment the prisoner may be released.

CHAPTER VII.
EMPLOYMENT OF PRISONERS.

34. (1) Civil prisoners may, with the Superintendent’s permission, work and follow any trade or profession.

(2) Civil prisoners finding their own implements, and not maintained at the expense of the prison, shall be allowed to receive the whole of their earnings; but the earnings of such as are furnished with implements or are maintained at the expense of the prison shall be subject to a deduction, to be determined by the Superintendent, for the use of implements and the cost of maintenance.

35. (1) No criminal prisoner sentenced to labour or employed on labour at his own desire shall, except on an emergency with the sanction in writing of the Superintendent, be kept to labour for more than nine hours in any one day.

(2) The Medical Officer shall from time to time examine the labouring prisoners while they are employed, and shall at least once in every fortnight cause to be recorded upon the history-ticket of each prisoner employed on labour the weight of such prisoner at the time.

(3) When the Medical Officer is of opinion that time health of any prisoner suffers from employment on any kind or class of labour, such prisoner shall not be employed on that labour but shall he placed on such other kind or class of labour is the Medical Officer may consider suited for him.

36. Provision shall be made by the Superintendent for the employment (as long as they so desire) of all criminal prisoners sentenced to simple imprisonment; but no prisoner not sentenced to rigorous imprisonment shall be punished for neglect of work excepting by such alteration in the scale of diet as may be established by the rules of the prison in the case of neglect of work by such a prisoner.

CHAPTER VIII.
HEALTH OF PRISONERS.

37. (1) The names of prisoners desiring to see the Medical Subordinate or appearing out of health in mind or body shall, without delay, be reported by the officer in immediate charge of such prisoners to the Jailer.

(2) The Jailer shall, without delay, call the attention of the Medical Subordinate to any prisoner desiring to see him, or who is ill, or whose state of mind or body appears to require attention, and shall carry into effect all written directions given by the Medical Officer or Medical Subordinate respecting alterations of the discipline or treatment of any such prisoner.

38. All directions given by the Medical Officer or Medical Subordinate in relation to any prisoner, with the exception of orders for the supply of medicines or directions relating to such matters as are carried into effect by the Medical Officer himself or under his superintendence, shall be entered day by day in the prisoner’s history-ticket or in such other record as the President of the Union may by rule direct, and the Jailer shall make an entry in its proper place stating in respect of each direction the fact of its having been or not having been complied with, accompanied by such observations, if any, as the Jailer thinks fit to make, and the date of the entry.

39. In every prison a hospital or proper place for the reception of sick prisoners shall be provided.

CHAPTER IX.
VISITS TO PRISONERS.

40. Due provision shall be made for the admission, at proper times and under proper restrictions, into every prison of persons with whom civil or unconvicted criminal prisoners may desire to communicate, care being taken that, so far as may be consistent with the interests of justice, prisoners under trial may see their duly qualified legal advisers without the presence of any other person.

41. (1) The Jailer may demand the name and address of any visitor to a prisoner, and, when the Jailer has any ground for suspicion, may search any visitor, or cause him to be searched, but the search shall not be made in the presence of my prisoner or of another visitor.

(2) In case of any such visitor refusing to permit himself to be searched, the Jailer may deny him admission; and the grounds of such proceeding, with the particulars thereof, shall be entered in such record as the President of the Union may direct.

CHAPTER X.
OFFENCES IN RELATION TO PRISONS.

42. Whoever, contrary to any rule under section 59, introduces or removes, or attempts by any means whatever to introduce or remove, into or from any prison, or supplies or attempts to supply to any prisoner outside the limits of a prison, any prohibited article, and every officer of a prison who, contrary to any such rule, knowingly suffers any such article to be introduced into or removed from any prison, to be possessed by any prisoner, or to be supplied to any prisoner outside the limits of a prison, and whoever, contrary to any such rule, communicates or attempts to communicate with any prisoner, and whoever abets any offence made punishable by this section, shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding six months, or to fine not exceeding two hundred rupees, or to both.

43. When any person, in the presence of any officer of a prison, commits any offence specified in the last foregoing section, and refuses on demand of such officer to state his name and residence, or gives a name or residence which such officer knows, or has reason to believe, to be false, such officer may arrest him, and shall without unnecessary delay make him over to a Police-officer, and thereupon such police-officer shall proceed as if the offence had been committed in his presence.

44. The Superintendent shall cause to be affixed, in a conspicuous place outside the prison, a notice in English and the vernacular setting forth the acts prohibited under section 42 and the penalties incurred by their commission.

CHAPTER XI.
PRISON-OFFENCES.

45. The following acts are declared to be prison-offences when committed by a prisoner ; —

(1) such willful disobedience to any regulation of the prison as shall have been declared by rules made under section 59 to be a prison-offence;

(2) any assault or use of criminal force;

(3) the use of insulting or threatening language;

(4) immoral or indecent or disorderly behaviour;

(5) wilfully disabling himself from labour;

(6) contumaciously refusing to work;

(7) filing, cutting, altering or removing handcuffs, fetters or bars without due authority;

(8) willful idleness or negligence at work by any prisoner sentenced to rigorous imprisonment;

(9) willful mismanagement of work by any prisoner sentenced to rigorous imprisonment;

(10) willful damage to prison-property;

(11) tampering within or defacing history-tickets, records or documents;

(12) receiving, possessing or transferring any prohibited article;

(13) feigning illness;

(14) willfully bringing a false accusation against any officer or prisoner;

(15) omitting or refusing to report, as soon as it comes to his knowledge, time occurrence of any fire, any plot or conspiracy, any escape, attempt or preparation to escape, and any attack or preparation for attack upon any prisoner or prison-official ; and

(16) conspiring to escape, or to assist in escaping, or to commit any other of the offences aforesaid.

46. The Superintendent may examine any person touching any such offence, and determine thereupon, and punish such offence by—

(1) a formal warning;

Explanation.— A formal warning shall mean a warning personally addressed to a prisoner by the Superintendent and recorded in the punishment¬ book and on the prisoner’s history-ticket ;

(2) change of labour to some more irksome or severe form for such period as may be prescribed by rules made by the President of the Union;

(3) hard labour for a period not exceeding seven days in the case of convicted criminal prisoners not sentenced to rigorous imprisonment;

(4) such loss of privileges admissible under the remission system for the time being in force as may be prescribed by rules made by the President of the Union;

(5) the substitution of gunny or other coarse fabric for clothing of other material, not being woolen, for a period which shall not exceed three months;

(6) imposition of handcuffs of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the President of the Union;

(7) imposition of fetters of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the President of the Union;

(8) separate confinement for any period not exceeding three months;

Explanation.— Separate confinement means such confinement with or without labour as secludes a prisoner from communication with, but not from sight of, other prisoners, and allows him not less than one hour’s exercise per diem and to have his meals in association with one or more other prisoners;

(9) penal diet,—that is, restriction of diet in such manner amid subject to such conditions regarding labour as may be prescribed by the President of the Union;

Provided that such restriction of diet shall in no case be applied to a prisoner for more than ninety-six consecutive hours, and shah not be repeated except for a fresh offence nor until after an interval of one week;

(10) cellular confinement for any period not exceeding fourteen days :
Provided that after each period of cellular confinement an interval of not less duration than such period must elapse before the prisoner is again sentenced to cellular or solitary confinement;

Explanation.—Cellular confinement means such confinement within or’ without labour as entirely secludes a prisoner from communication with, but not from sight of, other prisoners ;

(11) penal diet as defined in clause (9) combined with cellular confinement;

(12) whipping, provided that the number of stripes shall not exceed thirty;

Provided that nothing in this section shall render any female or civil prisoner liable to the imposition of any form of handcuffs or fetters, or to whipping.

47. (1) Any two of the punishments enumerated in the last foregoing section may be awarded for any such offence in combination, subject to the following exceptions, namely: —

(1) formal warning shall not be combined with any other punishment except, loss of privileges under clause (4) of that section;

(2) penal diet shall not be combined with change of labour under clause (2) of that section, nor shall any additional period of penal diet awarded singly be combined within any period of penal diet awarded in combination with cellular confinement;

(3) cellular confinement shall not be combined with separate confinement, so as to prolong the total period of seclusion to which the prisoner shall be liable;

(4) whipping shall not be combined with any other form of punishment except cellular and separate confinement and loss of privileges admissible under the remission system;

(5) no punishment shall be combined with any other punishment in contravention of rules made by the President of the Union.

(2) No punishment shall be awarded for any such offence so as to combine, with the punishment awarded for any other such offence, two of the punishments which way not be awarded in combination for any such offence.

48. (1) The Superintendent shall have power to award any of the punishments enumerated in the two last foregoing sections, subject, in the case of separate confinement for a period exceeding one month, to the previous confirmation of the Inspector-General.

(2) No officer subordinate to the Superintendent shall have power to award any punishment whatever.

49. Except by order of a Court of Justice, no punishment other than the punishments specified in the foregoing sections shall be inflicted on any prisoner, and no punishment shall be inflicted on any prisoner otherwise than in accordance with the provisions of those sections.

50. (1) No punishment of penal diet, either singly or in combination, or of whipping, or of change of labour under section 46, clause (2), shall be executed until the prisoner to whom such punishment has been awarded has been examined by the Medical Officer, who, if he considers the prisoner fit to undergo the punishment, shall certify accordingly in the appropriate column of the punishment-book prescribed in section 12.

(2) If he considers the prisoner unfit to undergo the punishment, he shall in like manner record his opinion in writing and shall state whether the prisoner is absolutely unfit for punishment of the kind awarded, or whether he considers any modification necessary.

(3) In the latter case he shall state what extent of punishment he thinks the prisoner can undergo without injury to his health.

51. (1) In the punishment-book prescribed in section 12 there shall be recorded, in respect of every punishment inflicted, time prisoner’s name, register number and the class (whether habitual or not) to which he belongs, the prison-offence of which he was guilty, the date on which such prison-offence was committed, the number of previous prison-offences recorded against the prisoner, and the date of his last prison-offence, time punishment awarded, and the date of infliction.

(2) In the case of every serious prison-offence, the names of the witnesses proving the offence shall be recorded, and, in the case of offences for which whipping is awarded, the Superintendent shall record the substance of the evidence of the witnesses, the defence of the prisoner, and the finding with the reasons therefor.

(3) Against time entries relating to each punishment the Jailer and, Superintendent shall affix their initials as evidence of the correctness of the entries.

52. If any prisoner is guilty of any offence against prison-discipline which person of his having frequently committed such offences or otherwise, in the opinion of the Superintendent is not adequately punishable by the infliction of any punishment which he has power under this Act to award, the Superintendent may forward such prisoner to the Court of the District Magistrate or of any Magistrate of the first class having jurisdiction, together with a statement of the circumstances, and such Magistrate shall thereupon inquire into and try the charge so brought against the prisoner, and, upon conviction, may sentence him to imprisonment which may extend to one year, such term to be in addition to any term for which such prisoner was undergoing imprisonment when he committed such offence, or may sentence him to any of the punishments enumerated in section 46:

Provided that any such case may be transferred for inquiry and trial by the District Magistrate to any Magistrate of the first class: and

Provided also that no person shall be punished twice for the same offence.

53. (1) No punishment of whipping shall be inflicted in installments, or except in the presence of the Superintendent and Medical Officer or Medical Subordinate.

(2) Whipping shall be inflicted within a light ratan not less than half an inch in diameter on time buttocks, and in case of prisoners under the age of sixteen it shall be inflicted, in the way of school discipline, with a lighter ratan.

54. (1) Every Jailer or officer of a prison subordinate to him who shall be guilty of any violation of duty or willful breach or neglect of any rule or regulation or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission or without having given previous notice in writing of his intention for the period of two months, or who shall willfully overstay any leave granted to him, or who shall engage without authority in any employment other than his prison-duty, or who shall be guilty of cowardice, shall be liable, on conviction before a Magistrate, to fine not exceeding two hundred rupees, or to imprisonment for a period not exceeding three months, or to both.

(2) No person shall under this section be punished twice for the same offence.

CHAPTER XII.
MISCELLANEOUS.

55. A prisoner, when being taken to or from any prison in which he may be lawfully confined, or whenever he is working outside or is otherwise beyond the limits of any such prison in or under the lawful custody or control of a prison-officer belonging to such prison, shall be deemed to be in prison and shall be subject to all the same incidents as if he were actually in prison.

56. Whenever the Superintendent considers it necessary (within reference either to the state of the prison or the character of the prisoners) for the safe custody of any prisoners that they should be confined in irons, he may, subject to such rules and instructions as may be laid down by the Inspector-General with the sanction of the President of the Union, so confine them.

57. (1) Prisoners under sentence of transportation may, subject to any rules made under section ¹[59], be confined in fetters for the first three months after admission to prison.

(2) Should the Superintendent consider it necessary, either for the safe custody of the prisoner himself or for any other reason, that fetters should be retained on any such prisoner for more than three months, he shall apply to the Inspector-General for sanction to their retention for the period for which he considers their retention necessary, and the Inspector-General may sanction such retention accordingly.

58. No prisoner shall be put in irons or under mechanical restraint by the Jailer of his own authority, except in case of urgent necessity, in which case notice hereof shall be forthwith given to the Superintendent.

59. The President of the Union may make rules consistent within this Act—

(1) defining the acts which shall constitute prison-offences;

(2) determining the classification of prison-offences into serious and minor offences;

(3) fixing the punishments admissible under this Act which shall be awardable for commission of prison-offences or classes thereof;

(4) declaring the circumstances in which acts constituting both a prison-offence and an offence under the Penal Code may or may not be dealt with as a prison-offence;

(5) for the award of marks and the shortening of sentences;

(6) regulating the use of arms against any prisoner or body of prisoners in the case of an outbreak or attempt to escape;

(7) defining the circumstances and regulating the conditions under which prisoners in danger of death may be released;

(8) for the classification of prisons, and description and construction of wards, cells and other places of detention;

(9) for the regulation by numbers, length or character of sentences, or otherwise, of the prisoners to be confined in each class of prisons;

(10) for the government of prisons and for the appointment of all officers appointed under this Act;

(11) as to the food, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own costs;

(12) for the employment, instruction and control of convicts within or without prisons;

(13) for defining articles the introduction or removal of which into or out of prisons without due authority is prohibited;

(14) for classifying and prescribing the forms of labour and regulating the periods of rest from labour;

(15) for regulating the disposal of the proceeds of the employment of prisoners;

(16) for regulating the confinement in fetters of prisoners sentenced to transportation;

(17) for the classification and the separation of prisoners;

(18) for regulating the confinement of convicted criminal prisoners under section 28;

(19) for the preparation and maintenance of history-tickets;

(20 ) for the selection and appointment of prisoners as officers of prisons;

(21) for rewards for good conduct;

(22) for regulating the transfer of prisoners whose term of transportation or imprisonment is about to expire;

(23) for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in prisons;

(24) for regulating the transmission of appeals and petitions from prisoners and their communications with their friends;

(25) for the appointment and guidance of visitors of prisons;

(26) for extending any or all of the provisions of this Act and of the rules thereunder to subsidiary jails or special places of confinement appointed under section 541 of the Code of Criminal Procedure, and to the officers employed, and the prisoners confined, therein;

(27) in regard to the admission, custody, employment, dieting, treatment and release of prisoners ; and

(28) generally for carrying into effect the purposes of this Act.

60. * * * *

61. Copies of rules under section 59, so far as they affect the government of prisons, shall be exhibited, both in English and in the vernacular, in some place to which all persons employed within a prison have access.

62. All or any of the powers and duties conferred and imposed by this Act on a Superintendent or Medical Officer may in his absence be exercised and performed by such other officer as the President of the Union may appoint in this behalf either by name or by his official designation.

The Burma Code Volume 1: The Public Servants Inquiries Act

(INDIA ACT XXXVII, 1850.)
(1st November, 1850.)

1. * * * *

2. Wherever the Governor shall be of opinion that there are good grounds for making a formal and public inquiry into the truth of any imputation of misbehavior by any person in the service of the Crown not removable from his appointment without the sanction the Governor, he shall cause the substance of the imputations to distinct articles of charge, and shall order a formal and public inquiry and into the truth thereof.

3. The Inquiry may be committed either to the Court, Board or other authority to which person accused is subordinate, or to any other person or persons, to be specially appointed by the Governor commissioners for the purpose: notice of which commission shall be given to the person accused ten days at least before the beginning of the inquiry.

4. When the Governor shall think fit to conduct the prosecution, he shall nominate some person to conduct the same on his behalf.

5. When the charge shall be brought by an accuser, the Governor shall require the accusation to be reduced to writing, and verified by the oath or solemn affirmation of the accuser; and every person who shall willfully and maliciously make any false accusation under this Act, upon such oath or affirmation, shall be liable to the penalties of perjury, but this enactment shall not be construed to prevent Governor from instituting any inquiry which he shall think fit, without such ace accusation on oath or solemn affirmation as aforesaid.

6. Where the imputations shall have been made by an accuser, and the Governor shall think fit to leave to him the conduct of the prosecution, the Governor before appointing the commission shall require him to furnish reasonable security that he will attend and prosecute the charge thoroughly and effectually, and also will be forthcoming to answer any counter-charge or action which may be afterwards brought against him for malicious prosecution or perjury or subornation of perjury as the case may be.

7. At any subsequent stage of the proceedings, the Governor may, if he think fit, abandon the prosecution, and in such case may, if he think fit, on the application of the accuser, allow him to continue the prosecution, if lie is desirous of so doing on his furnishing such security as is hereinbefore mentioned.

8. The commissioners shall have the same power of punishing contempt and obstructions to their proceedings as is given to civil and criminal Courts by the Code of Criminal Procedure, and shall have the same powers for the summons of witnesses, and for compelling the production of documents, and for the discharge of their duty under the commission, and shall be entitled to the same protection as the District Judge, except that all process to cause the attendance of witness or other compulsory process, shall be served through and executed in Rangoon by the Court of Small Causes and elsewhere by the District Court in whose jurisdiction the witness or other person resides, on whom the process is to be served. When the commission has been issued to a Court, or other person or persons having power issue such process in the exercise of their ordinary authority, they may also use all such power for the purposes of the commission.

9. All persons disobeying any lawful process issued as aforesaid for the purposes of the commission shall be liable to the same penalties as if the same had issue originally from the Court or other authority through whom it is executed.

10. A copy of the articles of charge, and list of the documents and witnesses by which each charge is to be sustained, shall be delivered to the person accused at least three days before the beginning of the inquiry, exclusive of the day of delivery and the first day of the inquiry.

11. At the beginning of the inquiry the prosecutor shall exhibit the articles of charge to the commissioners, which shall be openly read, and the person accused shall thereupon be required to plead "guilty" or "not guilty" to each of them, which pleas shall be forthwith recorded with the articles of charge. If the person accused refuses, or without reasonable cause neglects, to appear to answer the charge either personally or by his counsel or agent, he shall be taken to admit the truth of the articles of charge.

12. The prosecutor shall then be entitled to address the commissioners in of the articles of charge, and of the evidence by which they are to be proved: his address shall not be recorded.

13. The oral and documentary evidence for the prosecution shall then exhibited: the witnesses shall be examined by or on behalf of the prosecutor and may be cross-examined by or on behalf of the person accused. The prosecutor shall be entitled to re-examine the witnesses on any points on which they have been cross-examine, but not on any new matter without leave of the commissioners, who also may put such questions as they think fit.

14. If it shall appear necessary before the close of the case for the prosecution, the commissioners may in their discretion allow the prosecutor to exhibit evidence not included in the list given to the person accused, or may themselves call for new evidence; and in such case the person accused shall be entitled to have, if he demand it, an adjournment of the proceedings for three clear days before the exhibition of evidence exclusive of the day of adjournment and of the day to which the proceedings are adjourned.

15. When the case for the prosecution is closed, the person accused shall be required to make his defence, orally or in writing, as he shall prefer. If made orally, it shall not be recorded; if made in writing, it shall be recorded, after being and in that case a copy shall be given at the same time to the prosecutor.

16. The evidence for the defence shall then be exhibited, and the witnesses examined, who shall be liable to cross-examination and re-examination and to examination by the commissioners according to the like rules as the witnesses for the prosecution.

17. * * * *

18. The commissioners or some person appointed by them shall take notes in English of all the oral evidence, which shall be read aloud to each witness by whom the same was given, and, if necessary, explained to him in the language in which was given, and shall be recorded with the proceedings.

19. If the person accused makes only an oral defence, and exhibits no evidence, the enquiry shall end with his defence; if he records a written defence, or exhibits evidence, the prosecutor shall be entitled to a general oral reply on the whole case, and may also exhibit evidence to contradict any evidence exhibited for the defence,in which case the person accused shall not be entitled to any adjournment of the proceedings although such new evidence were not included in the list furnished to him.

20. When the commissioner shall be of opinion that the articles of charge of any of them are not drawn with. sufficient clearness and precision, the commissioners may their discretion, require the same to be amended, and may thereupon, on the application of the person accused, adjourn the inquiry for reasonable time. The commissioners may also, if they think fit, adjourn the inquiry from time to time on the application of either the prosecutor or the person accused, on the ground of sickness or unavoidable absence of any witness or other reasonable cause. When application is made and refused, the commissioners shall record the application, their reasons for refusing to comply with it.

21. After the close of the inquiry the commissioners shall forthwith report to the Governor their proceedings under the commission, and shall send with the record thereof their opinion upon each of the articles of charge separately, with such observations as they think fit on the whole case.

22. The Governor, on consideration of the report of the commissioners order them to take further evidence, or give further explanation of their opinions. He may also order additional articles of charge to be framed, in which case the inquiry into the truth of such additional articles shall be made in the same manner as is herein directed with respect to the original charges. When special commissioners have been appointed, the Governor may also, if he thinks fit, refer the report of the commissioners to the Court or other authority to which the person accused is sub-ordinate, for their opinion on the case; and will finally pass such orders thereon as appear just and consistent with his powers in such cases.

23-24. * * * *

25. Nothing in this Act shall be construed to affect the authority of the Governor for suspending or removing any public servant for any cause without an inquiry under this Act.¹

The Burma Code Volume 1: The Union Military Police Act

[BURMA ACT II, 1948.]
(2nd January, 1948.)

It is hereby enacted as follows : -

PART I.

1. This Act may be called the Union Military Police Act.

2. It shall come into force on such date as the President of the Union may, by notification, direct.

3. This Act applies to the Union Military Police Force and persons attached to, employed with or following, the Force, wherever they may be.

SUPERINTENDENCE AND COMMAND.

4. The superintendence and general administration of the Force shall be exercised subject to the control of the President of the Union by the Inspector¬ General of Police.

5. The President of the Union may appoint so many officers as he may deem fit, to assist the Inspector-General in the superintendence and administration of the Force. Such officers shall be subordinate to and under the control of the Inspector-General, and shall exercise and discharge such duties, powers and functions as the President of the Union by order, vest in or impose upon them.

6. Except as respects magisterial powers, orders passed by any as authority under this Act shall be subject to revision by such other authority as the President of the Union may by rule or order prescribe.

7. The President of the Union may invest any officers of the Force with any or all of the powers of the Police and may define the circumstances in which such powers may be exercised. As respects the exercise of such powers every officer shall have the privileges and protection afforded by law to police officer.

MEMBERS OF THE FORCE.

8. The term “ Member of the Force” shall mean any person who is enrolled under this Act and is a rifleman or a public follower or a Non-Commissioned Officer of the rank of Lance-Corporal, Corporal or Sergeant or of the rank of Warrant Officer I or Warrant Officer II.

ENROLMENT.

9. Any person who is qualified for enrolment in the Force in accordance with such conditions as the President of the Union may prescribe may apply to Commandant, or any other enrolling officer appointed for this purpose by the Inspector-General, to be enrolled as a member of the Force subject to provisions of this Act.

10. The enrolment paper shall be in a form prescribed by the President the Union setting forth -

(a) questions (to which the answers of the applicant shall be recorded) ascertaining the qualifications of the applicant, and

(b) a statement (to be read and explained to the applicant and signed by him) that, on enrolment, the applicant will become a member of the Force and will be subject to the provisions of this Act, that he will be, liable for service in the Union of Burma and adjacent countries, and that he will not be entitled to obtain his discharge from the Force for three years, or if on active service, or if the members of the Force are for the time being less than nine-tenths of the sanctioned strength.

11. (1) The applicant for enrolment shall present himself to the enrolling officer.

(2) The enrolling officer (after warning the applicant of the punishment provided by this Act for the offence of giving false answers on enrolment) shall put to the applicant each question on the enrolment paper and record on the paper the answer to each question and (if satisfied that the applicant is qualified for enrolment) shall read and explain (or cause to be read and explained) to the applicant the statement on the enrolment paper.

(3) The enrolling officer shall take the signature of the applicant on the enrolment paper as assenting thereto, and shall authenticate the entries in the prescribed manner; and shall inform the applicant that he has become a member of the Force.

12. Notwithstanding the foregoing provisions, every person who has for the space of six months been in receipt of Union Military Police pay and been borne on the rolls of any Union Military Police battalion, shall be deemed to have been duly enrolled in the Union Military Police as from the date on which his name was first borne on the rolls.

13. A member of the Force shall not be entitled to obtain his discharge for three years from the date of enrolment and in the case of Specialist personnel five years from the date of enrolment.

14. (1) At any time after the expiration of his period of service, any member of the Force who is not on active service shall, on application in routine manner, be entitled, after the expiration of two months from the date of application, to be discharged by the Commandant of his unit unless the members of the unit have fallen below nine-tenths of the sanctioned strength.

(2) Any member of the Force who is not on active service may be discharged at any time by the Inspector-General.

14A. No member of the Force or person attached to or employed with the Force shall, during a period of war, be entitled to claim his discharge.

GENERAL PROVISION.

15. No member of the Force may accept or hold any employment or office other than under this Act except with the written permission of the Inspector-General.

16. The Inspector-General of Police shall make rules (subject to the approval of the President of the Union) for the subdivision into grades of any of the ranks mentioned in section 8 and for the promotion and appointment to any of such ranks.

17. (1) Orders and rules may be issued and made by the Inspector-General of Police (subject to the approval of the President of the Union) relating to-

the places at which members of the Force shall reside, and the particular services to be performed by them, the description of arms, accoutrements and other necessaries to be furnished to them, and their inspection,

the collection and communication of information by members of the Force, and
the efficiency of the Force and preventing neglect of duty or abuse of powers.

(2) Orders and rules may be issued and made by the President of the Union relating to -

the pay, allowances, pension, leave and- other conditions of service of the personnel of the Force,

the organization, classification and distribution of the Force,

the employment of the Force on military service, and

the operation of military law in the case of personnel of the Force serving with any military force.

ESTATES OF DECEASED.

18. The provisions of the Disposal of Police Officers’ Estates Act shall apply to the estates of persons serving in the Force.
POLICE POWERS.

19. (1) Every member of the Force (except public followers) shall have the powers of a police officer appointed under section 8 of the Police Act, 1945, and shall, in the exercise of such powers, have the privileges and protection afforded by law to police officers.

(2) Orders and rules relating to the exercise of police-powers by members the Force may be issued and made by the Inspector-General, subject to the approval of the President of the Union.

COLLECTIVE FINES.

20. Whenever any weapon or part of a weapon farming part of the equipment of a company, garrison of a post, or other unit is lost or stolen, the Inspector General may, on the report of a Court of Enquiry, impose a collective fine on the members of the Force composing such unit or upon such of them as, in his judgment, should be held responsible for such loss or theft.

PART II.

UNION MILITARY POLICE DISCIPLINE.

21. This part applies (where appropriate) to every member of the Force and every person, who, on active service, in camp, on the march or at any post specified by the President of the Union in this behalf, is employed with or following any portion of the Force.

22. (a) “Active service”, as applied to a person subject to this Act, means the time during which such person is attached to, or forms part of, a force which is engaged in operations against any enemy, or is engaged in military operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy, or is in military occupation of any foreign country; it also includes service at an outpost other than an outpost in permanent occupation;

(b) “enemy” includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of a person subject to this Act to act ;

(c) the expressions “assault”, “criminal force”, “fraudulently”, “reason to believe” and “voluntarily causing hurt” have the meanings assigned to them, respectively, in the Penal Code;

(d) “superior officer” as respects any member of the Force includes any person of higher rank in the Police, and as respects any member of the Force other than a rifleman includes any member of the Force of longer service or higher grade in the same rank.

23. (1) A Commandant, or an officer of the Force commanding a separate detachment or an outpost or in temporary command at the headquarters of a district or battalion during the absence of the aforesaid officers may, without an order from a Magistrate and without a warrant, cause to be arrested any person subject to this Act who has been concerned in any offence under this Act or against whom reasonable complaint has been made or credible information has been received or reasonable suspicion exists of having been so concerned, and ¬may cause the person so arrested to be confined in the quarter-guard or such other place as he may consider suitable.

(2) For the purpose of the detention of the person arrested and investigation of a case punishable on conviction under this Act the member of the Force for the time being in immediate charge of the place or station where the person arrested is detained in Force custody shall, except in cases speedily disposed of under section 43 or 44, be deemed to be an officer in charge of a police-station acting under the Code of Criminal Procedure and shall be bound by the provisions of sections 61, 62 and 167 of that Code.

(3) Notwithstanding anything Contained in the Code of Criminal Procedure, no officer or Court shall be bound to release on bail any person arrested and confined under the powers conferred by this section.

24. (1) The Inspector-General, Commandants and officers officiating in such appointments shall have the powers of a Magistrate of the first class and may try any offences under this Act; provided that the President of the Union may impose limits upon the exercise of such powers.

(2) The President of the Union may invest any officers of the Force with like powers.

(3) Where an offence under this Act is committed at any place outside the Union of Burma and cannot adequately be dealt with at that place the offender shall, on return to the Union of Burma, be dealt with by the appropriate court in the Union of Burma having local jurisdiction at the place to which he returns.

OFFENCES PUNISHABLE ON TRIAL AND CONVICTION.

25. Any person subject to this Act who commits any of the following offences, that is to say,—
(a) shamefully abandons or delivers up any garrison, fortress, post or guard committed to his charge, or which it is his duty to defend ; or

(b) in presence of an enemy, shamefully casts away his arms or ammunition, or intentionally uses words or any other means to induce any person subject to Military or Union Military Police law to abstain from acting against the enemy, or to discourage such person from acting against the enemy, or misbehaves in such a manner as to show cowardice ; or

(c) directly or indirectly holds correspondence with, or communicates intelligence to, the enemy, or any person in arms against the State, or who, coming to the knowledge of any such correspondence or communication, omits to disclose it immediately to his commanding or other superior officer; or

(d) treacherously makes known the watch-word to any person not entitled to receive it; or

(e) directly or indirectly assists or relieves with money, victuals or ammunition, or knowingly harbors or protects any enemy or person in arms against the State; or

(f) in time of war or during any military operation, intentionally occasions a false alarm in action, camp, garrison or quarters, or spreads reports calculated to create alarm or despondency ; or

(g) being a sentry in time of war or alarm, or over any prisoner, treasure, magazine or dockyard, sleeps upon his post, or quits it without being regularly relieved or without leave; or

(h) in time of action, leaves his commanding officer or his post or party to go in search of plunder; or

(i) in time of war, quits his guard, piquet, party or patrol, without being regularly relieved or without leave; or

(j) in time of war or during any military operation, uses criminal force to, or commits an assault on, any person bringing provisions or other necessaries to the camp or quarters of any part of the forces, or forces a safe, or guard, or breaks into any house or any other place for plunder, or plunders, injures or destroys any field, garden or other property of any kind;

shall, on conviction, be liable to suffer transportation which may extend to life, or such less punishment as is provided in this Act.

26. Any person subject to this Act who commits any of the following offences, that is to say,—

(a) strikes, or forces or attempts to force, any sentry ; or

(b) in time of peace, intentionally occasions a false alarm in camp, garrison or cantonment; or

(c) being a sentry, or on guard, plunders or willfully destroys or injures any property placed under charge of his guard; or

(d) being a sentry, in time of peace, sleeps upon his post, or quits it without being regularly relieved or without leave;

shall, on conviction, be punished with imprisonment, which may extend to two years, or with such less punishment as is provided in this Act.

27. Any person subject to this Act who commits any of the following offences, that is to say, —

(a) begins, excites, causes or joins in any mutiny; or

(b) being present at any mutiny, does not use his utmost endeavor suppress the same ;

(c) knowing or having reason to believe in the existence of any mutiny, or of any intention to mutiny, or of any conspiracy against the State, does not, without delay, give information thereof to his commanding or other superior officer; or

(d) uses or attempts to use criminal force to, or commits an assault on, superior officer, whether on or off duty, knowing or having reason believe him to be such.; or

(e) disobeys the lawful command of his superior officer;

shall, on conviction, be punished with transportation, which may extend to life, or with such less punishment as is provided in this Act.

28. Any person subject to this Act who commits any of the following offences, that is to say, —

(a) is grossly insubordinate or insolent t0 his superior officer in the execution of his office, or

(b) refuses to superintend or assist in the making of any field-work or other, military work of any description ordered to be made either in quarters or in the field,

shall, on conviction, be liable to suffer imprisonment, which may extend to two years, or such less punishment as is provided in this Act.

29. Any person subject to this Act who deserts or attempts to desert the service shall, on conviction, be liable to suffer imprisonment or such less punishment as is provided in this Act.

30. Any person subject to this Act who commits any of the following offences, that is to say, —

(a) knowingly harbours any deserter, or who knowing, or having reason to believe, that any other person has deserted, or that any deserter has been harboured by any other person, does not without delay give information thereof to his own or some other superior officer, or use his utmost endeavours to cause such deserter to be apprehended; or

(b) knowing, or having reason to believe, that a person is a deserter, procures or attempts to procure the enrolment of such person ; or

(c) without having first obtained a regular discharge from the battalion to which he belongs, enrolls himself in the same or any other battalion; or

(d) absents himself without leave, or without sufficient cause overstays leave granted to him; or

(e) being on leave of absence and having received information from proper authority that the battalion or the portion of a battalion or any department to which he belongs has been ordered on active service, fails, without sufficient cause, to rejoin without delay; or

(f) without sufficient cause fails to appear at the time fixed at the parade or place appointed for exercise or duty ; or

(g) when on parade or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line without leave ; or

(h) in time of peace, quits his guard, piquet or patrol without being regularly relieved or without leave ; or

(i) without proper authority is found two miles or more from camp or outpost ; or

(j) without proper authority is absent from his lines after tattoo, or from camp or outpost after retreat-beating;

shall, on conviction, be liable to suffer imprisonment, which may extend to two years, or such less punishment as is provided in this Act.

31. Any person subject to this Act who commits any of the following offences, that is to say, —

(a) dishonestly misappropriates or converts to his own use any money, provisions, forage, arms, clothing, ammunition, tools, instruments, equipments or Union Military stores of any kind, the property of Government entrusted to him ; or

(b) dishonestly receives or retains any property in respect of which an offence under clause (a) has been committed, knowing or having reason to believe the same to have been dishonestly misappropriated or converted; or

(c) willfully destroys or injures any property of Government entrusted to him; or

(d) commits theft in respect of any property of Government, or of any Force mess, band or institution, or of any person subject to this Act; or

(e) dishonestly receives or retains any such property as is specified in clause (d) knowing or having reason to believe it to be stolen ; or

(f) does any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person; or

(g) malingers or feigns or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity ; or

(h) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or any other person; or

(i) commits any offence of a cruel, indecent or unnatural kind or attempts to commit any such offence and does any act towards its commission;

Shall, on conviction, be punished with imprisonment, which may extend to seven years, or with such less punishment as is provided in this Act.

32. Any person subject to this Act who is in a state of intoxication, whether on duty or off duty shall, on conviction, be punished with imprisonment, or with such less punishment as is provided in this Act.

33. Any person subject to this Act who, without proper authority, releases any State prisoner, enemy or person taken in arms against the State, placed under his charge, or who negligently suffers such prisoner, enemy or person to escape shall, on conviction, be punished with transportation or with such less punishment as is provided in this Act.

34. Any person subject to this Act who commits any of the following offences, that is to say, —

(a) being in command of a guard, picquet, or patrol, neglects duly to post a sentry at the appointed time and place; or

(b) being in command of a guard, picquet, or patrol, refuses to receive any prisoner or person duly committed to his charge; or

(c) without proper authority releases any prisoner or person placed under his charge, or negligently suffers any such prisoner or person to escape; or

(d) being in Force custody, leaves such custody before he is set at liberty by proper authority;

shall, on conviction, be liable to suffer imprisonment or such less punishment as is provided in this Act.

35. Any person subject to this Act who commits any of the following offences, that is to say, —

(a) commits extortion, or without proper authority extorts from any person, carriage, porter age or provisions; or

(b) commits house breaking for the purpose of plundering or plunders; or

(c) designedly or through neglect kills, injures, makes away with, ill-treats or loses his horse or animal used in the public service; or

(d) makes away with, or is concerned in making away with, his arms, ammunition, equipment, instruments, tools, clothing or Force necessaries; or

(e) loses by neglect anything mentioned in clause (d) ; or

(f) willfully injures anything mentioned in clause (d) or any Government property or that of any Force band, institution, mess or belonging to any person subject to this Act; or

(g) sells, pawns, defaces or destroys any medal or decoration granted to him;
shall, on conviction, be liable to suffer imprisonment or such less punishment as is provided in this Act.

36. Any person subject to this Act who commits any of the following offences, that is -to say, —

(a) makes a false accusation against any person subject to this Act, knowing such accusation to be false; or

(b) in making any complaint, knowingly makes any false statement affecting the character of any person subject to this Act, or knowingly and willfully suppresses any material fact; or

(c) obtains or attempts to obtain for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using a false entry in any book or record or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement ; or

(d) knowingly furnishes a false return or report of the number or state of any men under his command or charge, or of any money, arms, ammunition, clothing, equipments, stores or other property in his charge, whether belonging to such men or Government or to any person in or attached to the Force, or who, through design or culpable neglect, omits or refuses to make or send any return or report of the matters aforesaid;
shall, on conviction, be punished with imprisonment, which may extend to five years, or such less punishment as is provided in this Act.

37. Any person having become subject to this Act who is discovered to have made a willfully false answer to any question set forth in the prescribed form of enrolment which has been put to him by the enrolling officer before whom he appears for the purpose of being enrolled shall, on conviction, be punished with imprisonment, which may extend to three years, or with such less punishment as is provided in this Act.

38. Any person subject to this Act - who commits any of the following offences, that is to say, —

(a) being of the rank of Warrant Officer, behaves in a manner unbecoming his position and character; or

(b) strikes or otherwise ill-treats any person subject to this Act being his subordinate in rank or position; or

(c) being in command at any post or on the march, and receiving a compliant that any one under his command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair or markets or committed any riot or trespass, fails to have due reparation made to the injured person or to report the case to the proper authority ; or

(d) by defiling any place of worship, or otherwise, intentionally insults the religion or wounds the religious feelings of any person ; or

(e) attempts to commit suicide and does any act towards the commission of such offence ; or

(f) being below the rank of a Warrant Officer, directly or indirectly accepts or obtains, or agrees to accept or attempts to obtain, for himself or for any other person, any gratification as a motive or reward for procuring the enrolment of any person in the service; or

(g) gambles or induces any other member of the Force to gamble; or

(h) neglects to obey any general or other orders ; or

(i) is guilty of any act or omission which, though not specified in this Act, is prejudicial to good order and Force discipline;
shall, on conviction, be punished with imprisonment, which may extend to two years, or with such less punishment as is provided in this Act.

PENAL DEDUCTIONS.

39. The following penal deductions may be made from the pay and allowances of a person subject to this Act, that is to say, —

(a) all pay and allowances for every day of absence either on desertion or without leave and for every day of imprisonment awarded by a criminal Court, or under this Act;

(b) all pay and allowances for every day whilst he is in custody on a charge for an offence of which he is afterwards convicted by a criminal Court or on a charge of absence without leave for which he is afterwards awarded imprisonment under this Act;

(c) all pay and allowances for every day on which he is in hospital on account of sickness or other cause certified by the proper medical officer attending on him at the hospital to have been caused by an offence under this Act committed by him;

(d) all pay and allowances ordered to be forfeited under this Act;

(e) any sum ordered to be stopped under this Act;

(f) any sum required to make good such compensation for any expenses caused by him, or for any loss or damage or destruction done by him to any arms, ammunition, equipment, clothing, instruments, battalion necessaries or military decoration, or to any building, or property, may be awarded by his commanding officer;

(g) any sum required to pay a fine awarded by a criminal Court or under this Act :

Provided that the total deductions from the pay and allowances of a person subject to this Act made under clauses (e) to (g) shall not (except in the case of a person sentenced to dismissal or whose sentence involves dismissal) exceed in any one month one-half of his pay and allowance for that month.

Explanation.—For the purpose of clauses (a) and (b)—

(i) absence or custody for six consecutive hours or upwards, whether wholly in one day or partly in one day and partly in another, may be reckoned as absence or custody for a day;

(ii) absence or custody for twelve consecutive hours or upwards may be reckoned as absence or custody for the whole of each day during portion any portion of which the person was absent or in custody, and any absence or custody for less than a day may be reckoned as absence or custody for a day if such absence or custody prevented the absentee from fulfilling any force duty which was thereby upon some other person.

PUNISHMENTS.

40. Punishments may be inflicted in respect of offences committed by persons subject to this Act, and convicted of an offence, according to the scale following, that is to say,—

(a) transportation for life or for any period exceeding seven years;

(b) imprisonment (with or without solitary confinement) for any term not exceeding fourteen years;

(c) dismissal from the service;

(d) removal from the service;

(e) fine; -

(f) the punishments mentioned in section 44;

(g) reduction in the case of a Warrant Officer to a lower rank;

(h) reduction of a Non-Commissioned Officer to a lower grade or to the ranks;

(i) forfeiture in the case of Warrant Officers and Non-Commissioned Officers of seniority of rank;

(j) in the case of Warrant. Officers and Non-Commissioned Officers reprimand and severe reprimand;

(k) forfeiture of service for the purpose of promotion, increased pay, pension or other purpose;

(1) forfeiture, in the case of any one dismissed from the service, of all arrears of pay, allowances and any public money due at the time of dismissal;

(m) stoppages of pay and allowances to make good any damage done in committing the offence of which he is convicted:

Provided that in the case of Warrant Officers the trial under this Act and the punishments provided for in this section can only be carried out with the approval of the Inspector-General.

41. Where in respect of any offence under this Act there is specified a particular punishment or such less punishment as is in this Act mentioned, there may be awarded in respect of that offence instead of such particular punishment (but subject to the other provisions of this Act as to the punishments and regard being had to the nature and degree of the offence) any one punishment lower in the above scale than the particular punishment.

42. A Non-Commissioned Officer sentenced by a Court to transportation or imprisonment or dismissal from the service shall be deemed to be reduced to the ranks.

SUMMARY PUNISHMENT.

43. (1) A Commandant of the Union Military Police, may summarily award to any Warrant Officers and Non-Commissioned Officers or other persons subject to this Act, any of the following punishments for the commission of any offence against discipline of the Force, which is not otherwise provided for in this Act, or which is not of a sufficiently serious nature to call for a trial, that is to say,—

(a) to Non-Commissioned Officers or Riflemen—

(i) reprimand;

(ii) severe reprimand;

(iii) reduction to a lower rank or grade;

(iv) removal from any office of distinction or special emolument;

(v) stoppages of pay and allowances to make good any damage done to the property of Government or the Force;

(vi) admonition;

(vii) forfeiture of pay for absence without leave;

(viii) fine up to one month’s pay;

(ix) stoppage of special pay or allowances for a period not exceeding three months to make good any loss or damage or on account of inefficiency, slackness, or other sufficient reason;

(b) to Non-Commissioned Officers only—

(i) reprimand;

(ii) severe reprimand ;

(iii) reduction to a lower rank;

(iv) reduction to a lower grade;

(v) reduction to a lower place in the rank or grade in which he is serving;

(vi) reduction to the ranks;

(c) to Riflemen—

(i) extra-guards, picquets or patrols;

(ii) confinement to the lines for any period not exceeding 30 days carrying with it punishment drill not exceeding 15 days, and thereafter fatigue duty;

(iii) imprisonment to the extent of 28 days in the quarter-guard or such other place as may be considered suitable, with forfeiture of all pay and allowance during its continuance;

(d) to public Followers—

(i) admonition;

(ii) forfeiture of pay for absence without leave;

(iii) fine up to one month’s pay;

(iv) reduction to a lower grade where two or more grades exist;

(v) confinement to the lines for any period not exceeding 30 days carrying with it fatigue duty;

(vi) imprisonment to the extent of 28 days in the quarter-guard or such other place as may be considered suitable, with forfeiture of all pay and allowances during its continuance;

(2) Any of the above punishments may be awarded separately or in combination with any one or more of the others, but the carrying out of imprisonment must precede confinement to the lines, and no award or awards including imprisonment and confinement to the lines shall exceed 30 consecutive days. When an award includes imprisonment and a minor punishment, the latter will, take effect at the termination of the imprisonment.¬

(3) Suspension may be awarded to any Warrant Officer or Non-Commissioned Officer as a preliminary to an enquiry, but it shall not he awarded as a substantive punishment.

(4) (a) An officer of the Force commanding a separate detachment or an outpost or in temporary command at the headquarters of a district or battalion during the absence of the aforesaid officers may, when in temporary command at Battalion Headquarters or when on detached duty, exercise the powers specified in sub-section (1).

(b) Subject to confirmation or revision by the Battalion Commandant, the powers specified in sub-5ection (1) may be exercised by officers when in temporary command at Battalion Headquarters or when on detached duty.

(c) An officer who is not in independent command may, if authorized by his Battalion Commandant, award to any Rifleman confinement to the lines for periods not exceeding ten days, and extra-guards not exceeding four in number.

(5) Commandants may authorize Warrant Officers to exercise the powers specified in clause (c) of sub-section (1) in respect of Riflemen under their command.
FIELD PUNISHMENT.

44. Any person subject to this Act not above the rank of Rifleman, who, while on active service, commits any offence, may, in lieu of any punishment to which he is liable thereunder, be subjected to such field punishment other than flogging as may be directed by rules to be made by the President of the Union and such field punishment shall be of the character of personal restraint or of hard labour but shall not be of a nature to cause injury to life or limb.

PLACE OF IMPRISONMENT.

45. A person sentenced under this Act to imprisonment for a period not exceeding three months shall, when he is also dismissed or remove from the Force, be imprisoned in the nearest or such other jail as the President of the Union may, by general or special order, direct, but when he is not also dismissed or removed from the Force he may, if the convicting officer or Deputy Commissioner so directs, be confined in the quarter-guard or such other place as the convicting officer or the Deputy Commissioner may consider suitable.

DISCRETIONARY POWERS.

46. Notwithstanding anything contained in this Act relating to conviction and punishment, the Inspector-General may dismiss or remove from the service any member of the Force.

REPEAL OF PREVIOUS ACTS.

47. The Military Police Act and the Burma Frontier Force Act are hereby repealed.

The Burma Code Volume 2: The Arms (Temporary Amendment) Act

[ACT LI, 1951] (27th October, 1951)

It is hereby enacted as follows: —

1. This Act shall remain in force until such date as the President of Union may, by notification, direct that it shall no longer be in force; and the provisions of section 5 of the Burma General Clauses Act as respects the repeal of an enactment shall have effect when this Act ceases to be in force by virtue of such notification.

2. So long as this Act remains in force, the Arms Act shall have effect as if the following had been inserted after section 19 of the said Act as section thereof, namely: —

" 19A. Whoever, with the intention of committing the offence of High Treason, and, in contravention of the provisions of section 13 or section 14 or section 15, goes armed with, or has in possession or under his control, any of the following types of arms or ammunition or military stores, namely: —

(i) Small arms, such as —

(a) Rifles,

(b) Light Automatic, Sten Gun, Bren Gun, Tommy Gun, Browning, American 300 Carbine,

Foot Note: * Published in Burma Gazette, 1951, Part I, p. 828.

(ii) Light Machine Gun or ammunition thereof,

(iii) Mortar or ammunition thereof,

(iv) Heavy Machine Gun, such as Vickers Machine Gun, Browning Machine Gun, Besa Machine Gun, Japanese Heavy Machine Gun, Anti-Tank Weapon, and any variety of Field Artillery, Light Anti-Aircraft Gun, Aircraft Cannon or ammunition thereof,

(v) Live Hand Grenade,

(vi) Live Rifle Grenade,

(vii) Live Mortar Bomb,

(viii) Demolition Explosives,

or any other arms or ammunition of the description which the President of the Union may, by notification, declare in this behalf, shall be punished with rigorous imprisonment for which may extend to seven years.

Provided that, notwithstanding anything to the contrary contained in any other law for the time being in force, it shall be presumed, until the contrary is proved, in a prosecution under this section, that the person found going armed with; or in possession of, or having under his control any of the arms, ammunition or military stores specified herein, had the intention of committing the offence of High Treason."

3. The Arms (Temporary Amendment) Act, 1949 (Act No. XXII of 1949) is hereby repealed.

The Burma Code Volume 2: The Arms Act

CONTENTS

I — PRELIMINARY

Section.

1. Savings.

2-3. * * * *

4. Interpretation-clause.

II — MANUFACTURE, CONVERSION AND SALE

5. Unlicensed manufacture, conversion and sale prohibited.

III— IMPORT, EXPORT AND TRANSPORT

6. Unlicensed importation and exportation prohibited.

Importation and exportation of arms and ammunition for private use.

7. Sanction of President required to warehousing of arms, etc.

8-9. * * * *

10. Power to prohibit transport.

Transshipment of arms.

11. Power to establish searching stations.

12. Arrest of persons conveying arms, etc., under suspicious circumstances.

Procedure where arrest made by person not Magistrate or police-officer.

IV.— GOING ARMED AND POSSESSING ARMS ETC

13. Prohibition of going armed without license.

14. Unlicensed possession of fire-arms, etc.

15. Possession of arms of any description without license prohibited in certain places.

16. In certain cases arms to be deposited at police-stations or with licensed dealers.

V — LICENSES

17. Power to make rules as to licenses.

18. Canceling and suspension of license.

18A. Power to make rules as to appeal or revision.

VI — PENALTIES

19. For breach of sections 5, 6, 10, 13 to 17.

20. For secret breaches of sections 5, 6, 10, 14 and 15.

For concealing arms, etc.

21. For breach of license.

22. For knowingly purchasing arms, etc., from unlicensed person.

For delivering arms, etc., to person not authorized to possess them.

23. Penalty for breach of rule.

24. Power to confiscate.

VlI — MISCELLANEOUS

25. Search and seizure by Magistrate.

26. Seizure and detention by Governor.

27. Power to exempt.

28. Information to be given regarding offences.

29. Sanction required to certain proceedings under section 19, clause (f).

30. Searches in the case of offences against section 19, clause (f), how conducted.

31. * * * *

32. Power to take census of fire-arms.

33. Notice and limitation of proceedings.

THE ARMS ACT

[INDIA ACT XI, 1878] (1st October, 1878)

I — PRELIMINARY

1. Nothing herein contained shall apply to —

(a) arms, ammunition or military stores on board any sea-going vessel and forming part of her ordinary armament or equipment, or

(b) the manufacture, conversion, sale, import, export, transport, bearing or possession of arms, ammunition or military stores by order of the Government, or by a public servant or a member of either of the forces constituted by the Burma Territorial Force Act or the Burma Auxiliary Force Act, in the course of his duty as such public servant or member.

2-3. * * * *

4. Inn this Act, unless there be something repugnant in the subject or context, —

“cannon” includes also all howitzers, mortars, wall-pieces, mitrailleuses and other ordnance and machine-guns, all parts of the same, and all carriages, platforms and appliances for mounting, transporting and serving the same:

“arms’’ includes —

(i) clasp-knives the blades of which are pointed and exceed three inches in length;

(ii) knives, with pointed blades rigidly affixed, or capable of being rigidly affixed, to the handle, and measuring in all over five inches in length which are not intended exclusively for domestic, agricultural or industrial purposes: provided that it shall be presumed until the contrary is proved that knives of this description are not intended exclusively for such purposes

(iii) knives of such other kinds as the President of the Union may, by notification, prescribe; and

(iv) fire-arms, bayonets, swords, daggers, spears, spear-heads and bows and arrows, also cannon and parts of arms, and machinery for manu­facturing arms;

“ammunition” includes also all articles specially designed for torpedo service and submarine mining, rockets, gun-cotton, dynamite, lithofracteur and other explosive or fulminating material, gun-flint, gun-wads, Percussion-caps, fuses and friction-tubes, all parts of ammunition and all machinery for manufacturing ammunition, but does not include lead, suhphur or saltpetre;

"military stores", in any section of this Act as applied to any part of the Union of Burma, means any military stores to which the President of the Union may from time to time, by notification in the Gazette, specially extend such section in stnch part, and includes also all lead, sulphur, saltpetre, and other material to which the President of the Union may from time to time so extend such section:

"licence" means a licence granted under this Act, and "licensed" means holding such licence.

II — MANUFACTURE, CONVERSION AND SALE

5. No person shall manufacture, convert or sell, or keep, offer or expose for sale, any arms, ammunition on military stores, except under a licence and in the manner and to the extent permitted thereby.

Nothing herein contained shall prevent any person from selling any arms or ammunition which he lawfully possesses for his own private use to any person who is not by any enactment for the time being in force prohibited from possessing the same; but every person so selling arms on ammunition to any person other than a person entitled to possess the same by reason of an exemption under section 27 of this Act shall, without unnecessary delay, give to the District Magistrate, or to the officer in charge of the nearest police-station, notice of the sale and of the pur­chaser’s name and address.

III —IMPORT EXPORT AND TRANSPORT

6. No person shall bring or take by sea or by land into or out of the Union of Burma any arms, ammunition or military stores except under a licence and in the manner and to the extent permitted by such licence.

Nothing in the first clause of this section extends to arms (other than cannon) or ammunition imported or exported in reasonable quantities for his own private use by any person lawfully entitled to possess such arms or ammunition; but the Collector of Customs or any other officer empowered by the President of the Union in this behalf by name or in virtue of his office may at any time detain such arms or ammunition until he receives the orders of the President of the Union thereon.

Explanation.—Arms, ammunition and military stones taken from one part of the Union of Burma to another by sea, or across intervening territory not being part of the Union of Burma, are taken out of and brought into the Union of Burma within the meaning of this section.

7. Notwithstanding anything contained in the Sea Customs Act, no arms, ammunition or military stores shall be deposited in any warehouse licensed under section 16 of that Act without the sanction of the President of the Union.

8-9. * * * *

10. The President of the Union may, from time to time, by notification in the Gazette, —

(a) regulate on prohibit the transport of any description of arms, ammunition or military stores over the whole of the Union of Burma or any part thereof, either altogether or except under a licence and to the extent and in the manner permitted by such licence, and

(b) * * * *

Explanation.— Arms, ammunition or military stores transshipped at a port in the Union of Burma are transported within the meaning of this section.

11. The President of the Union may, at any places along the boundary-line between the Union of Burma and other territory, and at such distance within such line as he deems expedient, establish searching-posts at which all vessels, carts and baggage-animals, and all boxes, bales and packages in transit, may be stopped and searched for arms, ammunition and military stores by any officer empowered by the President of the Union in this behalf by name or in virtue of his office.

12. When any person is found carrying or conveying any arms, ammunition or military stores, whether covered by a licence or not, in such manner or under such circumstances as to afford just grounds of suspicion that the same are being carried by him with intent to use them, or that the same may be used, for any unlawful purpose, any person may without warrant apprehend him and take such arms, ammunition or military stores from him.

Any person so apprehended, and any arms, ammunition or military stores so taken by a person not being a Magistrate or police-officer, shall be delivered over as soon as possible to a police-officer.

All persons apprehended by, or delivered to, a police-officer, and all arms and ammunition seized by or delivered to any such officer under this section, shall be taken without unnecessary delay before a Magistrate.

IV — GOING ARMED AND POSSESSING ARMS, ETC

13. No person shall go armed with any arms except under a licence and to the extent and in the manner permitted thereby.

Any person so going armed without a licence or in contravention of its pro­visions may be disarmed by any Magistrate, police-officer or other person empowered by the President of the Union in this behalf by name or by virtue of his office.

For the purposes of this section, “arms” includes also knives with pointed blades rigidly affixed, or capable of being rigidly affixed, to the handle, and measur­ing in all over five inches in length, which are intended exclusively for domestic, agricultural or industrial purposes.

14. No person shall have in his possession or under his control any cannon or fire-arms, or any ammunition or military stores, except under a licence and in the manner and to the extent permuted thereby.

15. In any place to which the President of the Union may by notification specially extend this section, no person shall have in his possession any arms of any description, except under a licence and in the manner and to the extent permitted thereby.

16. (1) Any person possessing arms, ammunition or military stores the posses­sion whereof has, in consequence of the cancellation or expiry of a licence or of an exemption or by the issue of a notification under section 15 or otherwise, become unlawful, shall without unnecessary delay deposit the same either with the officer in charge of the nearest police-station or, at his option and subject to such conditions as the President of the Union may by rule prescribe, with a licensed dealer.

(2) When arms, ammunition or military stores have been deposited under sub­-section (1) * * * *1, the depositor shall, at any time before the expiry of such period as the President of the Union may by rule prescribe, be entitled —

(a) to receive back any thing so deposited the possession of which by him has become lawful, and

(b) to dispose, or authorize the disposal, of any thing so deposited by sale or otherwise to any Person whose possession of the same would be lawful and to receive the proceeds of any such sale:

Providled that nothing in this sub-section shall be deemed to authorize the return or disposal of any thing the confiscation of which has been directed under section 24.

(3) All things deposited as aforesaid and not returned or disposed of under sub-section (2) within the prescribed period therein referred to shall be forfeited to [the State].

(4) (a) The President of the Union may make rules consistent with this Act for carrying into affect the provisions of this section.

Foot note: 1. The words" or, before the first day of January, 1920, under the provisions of any law for the time being in force" were deleted by the Union of Burma (Adaptation of Laws) Order, 1948.

(b) In particular and without prejudice to the generality of the foregoing provision, the President of the Union may by rule prescribe —

(i) the conditions subject to which arms, ammunition and military stores may be deposited with a licensed dealer, and

(ii) the period after the expiry of which things deposited as aforesaid shall be forfeited under sub-section (3).

V — LICENCES

17. The President of the Union may from time to time, by notification in the Gazette, make rules to determine the officers by whom, the form in which, and the terms and conditions on and subject to which, any licence shall be granted; and may by such rules among other matters —

(a) fix the period for which such licence shall continue in force;

(b) fix a fee payable by stamp or otherwise in respect of any such licence other than a licence for possession;

(c) direct that the holder of any such licence other than a licence for possession shall keep a record or account, in such form as the President of the Union may prescribe, of anything done under such licence, and exhibit such record or account when called upon by an officer of Government to do so;

(d) empower any officer of Government to enter and inspect any premises in which arms, ammunition or military stores are manufactured on kept by any person holding a licence of the description referred to in section 5 or section 6;

(e) direct that any such person shall exhibit the entire stock of arms, ammunition and military stores in his possession on under his control to any officer of Government so empowered ; and

(f) require the person holding any licence or acting under any licence to produce the same, and to produce or account for the arms, ammunition or military stores covered by the same when called upon by an officer of Government so to do.

18. Any licence may be cancelled or suspended —

(a) by the officer by whom the same was granted, or by any authority to which he may be subordinate, or by any District Magistrate within the local limits of whose jurisdiction the holder of such licence may be, when, for reasons to be recorded in writing, such officer, authority or Magistrate deems it necessary for the security of the public peace to cancel or suspend such licence; or

(b) by any Judge or Magistrate before whom the holder of such licence is convicted of an offence against this Act, or against the rules made under this Act; and

the President of the Union may, by notification in the Gazette, cancel or suspend all or any licences throughout the whole or any portion of the Union of Burma.

18A. The President of the Union may, by notification, make rules —

(a) providing for appeal from or revision of —

(i) orders refusing to issue or renew arms licences, and

(ii) orders canceling on suspending licences under clause (a) of section 18 and

(b) prescribing the procedure and the periods of limitation for such appeals and revisions.

VI — PENALTIES

19. Whoever commits any of the following offences (namely) : —

(a) manufactures, converts, or sells, or keeps, offers or exposes for sale, any arms, ammunition or military stores in contravention of the provisions of section 5;

(b) fails to give notice as required by the same section;

(c) imports or exports any arms, ammunition or military stores in contraven­tion of the provisions of section 6;

(d) transports any arms, ammunition or military stores in contravention of a regulation or prohibition issued under section 10;

(e) goes armed in ‘contraventnion of the provisions of section 13;

(f) has in his possession or under his control any arms, ammunition or military stores in contravention of the provisions of section 14 or section 15;

(g) intentionally makes any false entry in a record or account which, by a rule made under section 17, clause (c), he is required to keep;

(h) intentionally fails to exhibit anything which, by a rule made under section 17, clause (e), he is required to exhibit ; or

(i) fails to deposit arms, ammunition or military stores, as required by section 14 or section 16;

shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

20. Whoever does any act mentioned in clause (a), (c), (d) or (f) of section 19, in such manner as to indicate an intention that such act may not be known to any public servant as defined in the Penal Code, on to any person employed upon a railway or to the servant of any public carrier,

and whoever, on any search being made under section 25, conceals or attempts to conceal any arms, ammunition or military stores,

shall be punished with imprisonment for a term which may extend to seven years, or with fine, or with both.

21. Whoever, in violation of condition subject to which a licence has been granted, does or omits to do any act shall, when the doing on omitting to do such act is not punishable under section 19 or section 20, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

22. Whoever knowingly purchases any arms, ammunition on military stores from any person not licensed or authorized under the proviso to section 5 to sell the same; or

delivers any arms, ammunition or military stores into the possession of any person without previously ascertaining that such person is legally authorized to possess the same,

shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

23. Any person violating any rule made under this Act, and for the violation of which no penalty is provided by this Act, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

24. When any person is convicted of an offence punishable under this Act, committed by him in respect of any arms, ammunition or military stores, it shall be in the discretion of the convicting Court or Magistrate further to direct that the whole or any portion of such arms, ammunition or military stores, and any vessel, cart or baggage-animal used to convey the same, and any box, package or bale in which the same may have been concealed, together with the other contents of such box, package or bale, shall be confiscated.

VII — MISCELLANEOUS

25. Whenever any Magistrate has reason to believe that any person residing within the local limits of his jurisdiction has in his possession any arms, ammunition or military stores for any unlawful purpose,

or that such person cannot be left in the possession of any such arms, ammunition or military stores without danger to the public peace,

such Magistrate, having first recorded the grounds of his belief, may cause a search to be made of the house or premises occupied by such person or in which such Magistrate has reason to believe such arms, ammunition or military stores are or is to be found, and may seize and detain the same, although covered by licence, in safe custody for such time as he thinks necessary.

The search in such case shall be conducted by, or in the presence of, a Magistrate, or by, or in the presence of, some officer specially empowered in this behalf by name or in virtue of his office by the President of the Union.

26. The President of the Union may at any time order or cause to be seized any arms, ammunition or military stores in the possession of any person, notwithstanding that such person is licensed to possess the same, and may detain the same for such time as he thinks necessary for the public safety.

27. The President of the Union may, from time to time, by notification published in the Gazette,—

(a) exempt any person by name or in virtue of his office, or any class of persons, or exclude any description of arms or ammunition, or with­draw any part of the Union of Burma, from the operation of any prohibition or direction contained in this Act ; and

(b) cancel any such notification, and again subject the persons or things or the part of the Union of Burma comprised therein to the operation of such prohibition or direction.

28. Every person aware of the commission of any offence punishable under this Act shall, in the absence of reasonable excuse, the burden of proving which shall be upon such person, give information of the same to the nearest police-officer or Magistrate, and

every person employed upon any railway or by any public carrier shall, in the absence of reasonable excuse, the burden of proving which shall lie upon such person, give information to the nearest police-officer regarding any box, package or bale in transit which he may have reason to suspect contains arms, ammunition or military stores in respect of which an offence against this Act has been or is being committed.

29. No proceedings shall be instituted against any person in respect of an offence punishable under section 19, clause (f), without the previous sanction of the District Magistrate.

30. Where a search is to be made under the Code of Criminal Procedure, in the course of any proceedings instituted in respect of an offence punishable under section 19, clause (f), such search shall, notwithstanding anything contained in the said Code, be made in the presence of some officer specially appointed by the President of the Union in this behalf, and not otherwise.

31. * * * *

32. The President of the Union may from time to time, by notification in the Gazette, direct a census to be taken of all fire-arms in any local area, and empower any person to take such census.

On the issue of any such notification, all persons possessing any such arms in such area shall furnish to the person so empowered such information as he may require in reference thereto, and shall produce such arms to him if he so requires.

Any person refusing or neglecting to produce any such arms when so required shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

33. No proceeding other than a suit shall be commenced against any person for anything done in pursuance of this Act, without having given him at least one month's previous notice in writing of the intended Proceeding and of the cause thereof, nor after the expiration of three months from the accrual of such cause.

The Burma Code Volume 2: The Burma Auxiliary Force Act

CONTENTS

Sections.

1. Application of Act.

2. Definitions.

3. Constitution of an auxiliary force.

4. Classes who may be enrolled.

5. Enrolment.

6. Liability to undergo military training.

7. Liability to perform military service.

8. Appointment to corps or unit.

9. Preliminary training.

10. * * * *

11. Classification and periodical training.

12. Classification.

13. Variations of training.

14. Medical examination.

15. Transfers.

16. Change of residence.

17. Discharge.

18. Calling out and embodiment.

19. 20. * * * *

21. Application of the Army Act.

22. Refusal to appear for military service.

23. Penalties for breach of sections 8, 14 and 16.

24. Other offences.

25. Punishment for offences under section 24.

26. Dismissal.

27. Summary and minor punishments.

27A. Presumption as to certain documents.

28. Advisory Committees.

29. Constitution and disbandment of units.

30. Power to make rules.

31. Power to make regulations.

32. Certain persons subject to this Act to be deemed part of the Burma Army for certain purposes.

33. Trial of offences.

34. Exemption from local taxation.

SCHEDULE 1. — TRAINING.

THE BURMA AUXILIARY FORCE ACT

11. Notwithstanding any thing to the contrary contained in the conditions of service under which persons have been enrolled under this Act it shall apply and shall be deemed always to have applied to such persons wherever they may be.

2. In this Act, unless there is anything repugnant in the subject or context,

“Advisory Committee” means an Advisory Committee constituted under section 28 for the prescribed military area, or part of a prescribed military area, within which a person subject to this Act for the time being resides or is serving, as the case may be;

‘‘competent military authority’’ means the authority prescribed as competent to perform or exercise all or any of the duties imposed or powers conferred on the competent military authority by this Act;

“enrolled person” means a person enrolled in the prescribed manner under this Act;

1 Inserted by Act XX, 1943.

“enrolling officer” means an officer authorised to enroll persons under this Act;

“prescribed” means prescribed by rules made under this Act, and “prescribe” has a corresponding meaning;

“regulation” means a regulation made under section 31 ; and

“training year” means a period of twelve months beginning on the first day of April and ending on the thirty-first day of March.

3. There shall be raised and maintained in the manner hereinafter provided an auxiliary force * * * *1 to be designated the Burma Auxiliary Force.

24. Every person who is a citizen of Burma shall, subject to the provisions of this Act, be eligible for enrolment thereunder.

5. (1) Any male eligible for enrolment under this Act who has attained the age of sixteen years and is not a member of the Burma regular naval, military or air forces may apply to be enrolled in the Burma Auxiliary Force, and if he satisfies the prescribed conditions, may be enrolled therein in the prescribed manner and shall thereupon become subject to the provisions of this Act.

(2) Subject to the prescribed conditions an applicant for enrolment may apply to be enrolled for service in any particular branch, or in any particular corps or unit.

6. Every enrolled person shall be liable to undergo military training as provided by or under this Act until discharged from the Burma Auxiliary Force, as hereinafter provided.

7. Every enrolled person liable to undergo military training under section 6 shall, on and from the first day of April next following the date on which he attains the age of eighteen years or, if he has already attained the age of eighteen years, on and from any later date on which he is enrolled, be liable to perform military service under this Act.

8. (1) Every enrolled person shall, without unnecessary delay, be appointed or under the orders of, the competent military authority to a corps or unit of the Burma Auxiliary Force, and on receipt of an order so appointing him shall report himself for the purpose of joining such corps or unit at such time and place as may be specified in the order.

(2) Any person who has been enrolled for service in any particular branch, corps or unit shall be appointed to a corps or unit of that branch or to that corps or unit, as the case may be.

9. Every enrolled person liable to perform military service under this Act who on becoming so liable is included in the Active Class shall, within the training year in which he becomes so liable, undergo preliminary training of such amount us may be ordered by the competent military authority subject to the limits specified n Schedule I:

Provided that, if such preliminary training cannot be completed within that training year, it may be completed at the discretion of the officer commanding the corps or unit to which such enrolled person belongs in the training year next following:

Provided further that any person may be exempted either wholly or in part by the officer commanding his corps or unit from the necessity of undergoing preliminary training required by this section, and shall, on the publication in the orders of the corps or unit of such exemption, be deemed to the extent of such exemption to have completed such preliminary training.

1 Deleted by Act XX, 1943.

2 This section was first substituted by Act XX, and 1943, and substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

10. * * * *

11. Every enrolled person liable to perform military service under this Act —

(i) shall be included by the officer commanding the corps or unit to which he is appointed in one or other of the following classes, namely —

(a) the Active Class ; or

(b) the Reserve Class ;

(ii) shall under the orders of the competent military authority undergo the periodical training specified in Schedule I for the class in which he is for the time being included ; and

(iii) shall, if the President of the Union so directs, undergo such increased amount of training as may be specified by the President of the Union for this purpose for the class in which he is for the time being included.

12. (1) Every commissioned officer of the Burma Auxiliary Force shall be included in the Active Class until he relinquishes his commission.

(2) Enrolled persons liable to perform military service under this Act, not being commissioned officers of the Burma Auxiliary Force, shall be classified as follows, namely;—

(a) every such person who is required by section 9 to undergo preliminary training or who being so required has completed or is deemed to have completed the same shall be included in the Active Class until he is transferred to the Reserve Class by order of the officer commanding the corps or unit;

(b) every such person who is transferred from the Active Class under the provisions of clause (a) or who on enrolment is assigned to the Reserve Class by order of the officer commanding the corps or unit shall be included in the Reserve Class.

(3) Any enrolled person who ceases to be a commissioned officer of the Burma Auxiliary Force shall thereupon be included in the class in which he would have been included under this section if the provisions of sub-section (1), had not applied to him, and shall undergo periodical training accordingly.

(4) Any person who is under this section included in the Reserve Class may apply to the competent military authority to be included in the Active Class, and shall, if the competent military authority grants the application, thereupon be deemed to be included in that class.

13. (1) The competent military authority may, by order in writing, —

(a) on the recommendation of the Advisory Committee, direct that any enrolled person included in the Active Class shall, for the purposes of periodical training, be included for any stated period in the Reserve Class, or

(b) on his own motion or on the recommendation of the Advisory Committee, reduce the specified amount of training either in individual cases or in the case of any unit or part thereof for any stated period.

(2) The competent military authority shall grant in respect of each individual or unit or part thereof whose training is reduced under clause (b) of sub-section (1) a certificate setting forth the amount of training to be undergone during the said period.

14. Every enrolled person shall, if and when required by the officer commanding the corps or unit to which he belongs, present himself for such medical examination as may be necessary to determine the extent, if any, to which he is fit to undergo military training or to perform military service, before a medical officer appointed or approved in that behalf by the competent military authority, and for the purposes of such medical examination shall comply with the directions of such medical officer.

15. (1) Every person appointed to a corps or unit under section 8 shall remain in that corps or unit until transferred to another corps or unit by, or under the orders of, the competent military authority, but no person shall be transferred from the Infantry branch to another branch or from one unit to another unit located in the same prescribed military area except at his own request.

(2) Any person so transferred from the Infantry branch to another branch may be required to undergo such further preliminary training, not exceeding eight days, as may be ordered by the competent military authority, and thereafter shall undergo the periodical training to which he is liable in the branch to which he is transferred:

Provided that any periodical training already undergone by such person in the training year in which he is transferred shall be deemed to have been undergone in such other branch.

Explanation. — Except during periodical training in camp, for the purposes of this section and of Schedule I, a day shall be deemed to consist of four hours of actual military drill or instruction, and may be made up of fractions of a day not more than four in number.

16. (1) Any enrolled person who leaves his place of residence in the Union of Burma for the time being and thereby leaves the area commanded by one competent military authority for that commanded by another shall, if he does not intend to return to the area which he leaves, notify the competent military authority commanding that area of his change of residence.

(2) If such person having intended to return does not return within three months, he shall notify the competent military authority as aforesaid immediately on the expiry of that period.

(3) The competent military authority on being notified of a change of residence under sub-section (1) or sub-section (2) may, subject to the provisions of section 15, transfer such person from the corps or unit in which he is serving to another corps or unit.

17. (1) Any enrolled person who has attained the age of forty-five years or has completed four years service from the date of his enrolment shall, on application made by him in the prescribed manner, be entitled to receive his discharge from the Burma Auxiliary Force.

(2) An enrolled person who is not entitled to his discharge under sub-section (1) shall be discharged by the competent military authority on a recommendation of the Advisory Committee in this beiraif.

(3) Any enrolled person may be discharged by such authority, and subject to such conditions, as may be prescribed.

(4) Notwithstanding anything contained in sub-sections (1), (2) and (3) no enrolled person shall in time of war or in any emergency which may be notified by he President of the Union be entitled to receive his discharge.

18. No person liable to perform military service under this Act shall be required to perform such service except —

(a) when called out with any portion of the Burma Auxiliary Force by an order of the senior military officer present either to act in support of the civil power or to provide guards which, in the opinion of such officer, are essential; or

(b) when any portion of the Burma Auxiliary Force to which he belongs has been embodied to support or supplement [The Burma regular forces]1 in the event of an emergency by a notification directing such embodi­ment issued by the President of the Union and published in the Gazette ; or

(c) when attached at his own request to any regular forces.

219. 20. * * * *

21. (1) Every commissioned officer of the Burma Auxiliary Force, when doing duty as a commissioned officer, and every [warrant officer,]3 non commissioned officer and man of the said force —

(a) when attached to or otherwise acting as part of or with any regular forces, and

(b) when called out by an order, or embodied by a notification, under section 18,

shall be subject to tire provisions of [the Burma Army Act]1 and any orders or regulations made thereunder, and the said Act, orders and regulations shall apply to every such person in the circumstances aforesaid as if the same were enacted in this Act, and as if such person held the same rank in [the Burma Army]1 as he holds for the time being in the said force, subject, in the case of an officer, to the terms of his commission and the orders of [the President of the Union]1, and, in the case of a [warrant officer]3 non-commissioned officer or man, to the orders of the President of the Union.

(2) Where an offence punishable under [the Burma Army Act]1 has been committed by any person whilst subject to that Act under the provisions of sub-section (1), such person may be taken into and kept in military custody and tried and punished for such offence, although he has ceased to be so subject as aforesaid, in like manner as he might have been taken into and kept in military custody, tried or punished if he had continued to be so subject:

Provided that no such person shall be kept in military custody after he has ceased to belong to the Burma Auxiliary Force, unless he has been taken into or kept in military custody on account of the offence before the date on which he ceased so to belong, nor shall he be kept in military custody or be tried or punished for the offence after the expiry of two months from that date, unless his trial had already commenced before such expiry.

22. If any person liable to perform military service under this Act fails to comply with an order or notification under section 18 calling him out or embodying him for military service, any District Magistrate may, on the application of the competent military authority or of an officer empowered by such authority in writing in that behalf, cause such person to be arrested and brought before him, and, if the Magistrate is satisfied that such person has been duly required to perform military service, the Magistrate may, without prejudice to any penalty which such person may have incurred, make over such person in custody to the military authorities.

***FOOT NOTE

1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

2. Repeated by Act XX, 1943.

3. Inserted ibid.

23. An enrolled person who refuses or without lawful excuse (the burden of proving which shall lie upon such person) neglects —

(a) to comply with any order under section 8; or

(b) to attend for medical examination, or to comply with the directions of the medical officer, as required by section 14 ; or

(c) to notify any change of residence as required by section 16 ;

shall be punishable with fine which may extend to fifty rupees.

24. An enrolled person commits an offence if he, in circumstances when he is not subject to military law, does any of the following acts, namely —

(1) when on parade or undergoing military training or wearing [Military]1 uniform —

(a) strikes, or uses or offers violence to or uses threatening or insubordinate language to, or behaves with contempt to, his superior officer ; or

(b) disobeys any standing order of, or lawful command given by, his superior officer ; or

(c) neglects to obey a general or garrison order made specially applicable to the Burma Auxiliary Force by the competent military authority ; or

(d) is in a state of intoxication ; or

(c) being a [warrant officer, or]2 non-commissioned officer strikes or ill-treats any person subject to military law or to this Act, or to the Burma Territorial Force Act, who is his subordinate in rank or position;

(2) without sufficient cause fails to appear at the place of parade at the time fixed or to attend at any place in his capacity as a member of the Burma Auxiliary Force, when duly required so to attend, or when on parade without sufficient cause quits the ranks;

(3) without sufficient cause fails to perform any part of the training which by or under this Act he is required to perform;

(4) strikes, or uses or offers violence to, any person whether subject to military law or hot in whose military custody he is placed, and whether such person is or is not his superior officer;

(5) resists an escort whose duty it is to arrest him or detain him in military custody;

(6) being under arrest or detention or otherwise in lawful military custody escapes or attempts to escape;

(7) when in clnarge of any property belonging to Government or to a corps or unit of the Burma Auxiliary Force, makes away with, or is concerned in making away with, any such property;

(8) willfully injures, or by culpable neglect loses or causes injury to, any such property as is mentioned in clause (7);

(9) willfully ill-treats a horse or other animal used in the public service;

(10) knowingly furnishes a false return or report of the number or state of men under his command or charge, or of any money, arms or ammunition, clothing, equipment, stores or other property in his charge;

(11) through design or culpable neglect omits to make or send any return of any matter mentioned in clause (10) which it is his duty to make or send;

***FOOT NOTE

1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

2. Inserted by Act XX, 1943.

(12) when it is his official duty to make a declaration respecting any matter, makes a declaration respecting such matter winch he either knows or believes to be false or does not believe to be true;

(13) knowingly makes against any person subject to military law or to this Act or to the Burma Territorial Force Act an accusation which he either knows or believes to be false or does not believe to be true;

(14) falsely personates any other person at any parade or on any occasion when such other person is required by or under this Act to do any act or attend at any place, or abets any such act of personation.

25. (1) Any person committing any of the offences specified in sub-clauses (b), (c) and (d) of clause (1) or in clauses (2), (3), (8), (11) and (14) of section 24 shall be punishable with fine which may extend to two hundred rupees.

(2) Any person committing any other offence specified in section 24 shall be punishable with imprisonment, which may extend to two months, or with fine, which may extend to two hundred rupees, or with both.

26. The competent military authority may in his discretion dismiss any enrolled person from the Burma Auxiliary Force.

27. The President of the Union may prescribe summary and minor punishments for offences under section 24 or for contravention of any rule or regulation made under this Act to which enrolled persons shall be liable without the intervention of a criminal Court, and the officer or officers by whom and the circumstances in which and the extent to which such summary and minor punishments may be inflicted and the manner in which any such punishment may be enforced.

Provided that no punishment involving any kind of imprisonment shall be imposed as a summary or minor punishment:

Provided further, that no summary punishment shall be inflicted in any case in which the accused claims to be tried by a criminal Court.

27A. Where any [warrant officer,]1 non-commissioned officer or man of the Auxiliary Force is required by or in pursuance of any rule, regulation or order made under this Act, to attend at anny place, a certificate purporting to be signed by the prescribed officer stating that the person so required to attend failed to do so in accordance within such requirement, shall, withiout proof of the signature or appointment of such officer, be evidence of the matters stated therein.

28. (1) The President of the Union shall constitute for each imrescribed military area one or more Advisory Committees each consisting of three or more members, of whom one shall be the competent military authority and the others shall be persons eligible for enrolment in the Burma Auxiliary Force, within the meaning of section 4, who shall be appointed annually by, or under the orders of, the Governor.

(2) Any Advisory Committee constituted for a prescribed military area or a part thereof, as the case Inlay be, which includes a place to which the President of the Union may, by order in writing, declare this sub-section to apply, shall consist of not less than five members, of whom not more than two shall be persons in the service of Government.

(3) The President of the Union shall prescribe the duties, powers and procedure of Advisory Committees and, in particular, the matters in respect of which the competent military authority shall be bound to give effect to a recommendation of an Advisory Committee unless the President of the Union otherwise directs.

***FOOT NOTE

1. Insreted by the Act XX, 1943.

29. The President of the Union may constitute any corps or unit and may disband any corps or unit constituted under this Act.

30. (1) The President of the Union may make rules1 to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may —

(a) provide for tine appointment of enrolling officers;

(aa) prescribe the authority which shall be the competent military authority for any purpose under this Act;

(b) prescribe military areas for the purposes of this Act;

(c) prescribe the manner in which and the conditions subject to which persons may offer themselves for enrolment under this Act and the conditions governing applications to be enrolled in a particular branch, corps or unit ;

(d) define the manner in which and the conditions under which persons or any class of persons liable to military service under the Act may be excused from being called out or embodied;

(e) prescribe the military training to be undergone by persons liable to military training under section 6 but not to military service under section 7;

(f) prescribe the conditions governing the grant of, and the rates of pay for, and provide for the grant of allowances to, enrolled persons;

(g) Prescribe for any military area which is a railway area or for any area beyond the limits of Union of Burma the authorities which shall be deemed respectively to be the Government and the District Magistrate for all or any of the purposes of this Act; and

(h) provide for any other matter which under this Act is to be or may be prescribed.

(3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine, which may extend to fifty rupees.

(4) The power to make rules conferred by this section shall, except on the first occasion of the exercise thereof, be subject to the condition of previous publication.

(5) All rules made under this section shall be published in the Gazette, and on such publication shall have effect as if enacted in this Act.

31. The [General Officer Commanding, Burma Army,]2 may make regu­lations consistent with this Act and the rules made thereunder providing generally for details connected within, the organization and personnel of the Burma Auxiliary Force, and for the duties, equipment, military training, allowances and leave of enrolled persons.

32. For the purposes of sections 128, 130 and 131 of the Code of Criminal Procedure, all officers, [warrant officer,]3 non-commissioned officers and men liable to perform military service under this Act who have been appointed to a corps or unit shall be deemed to be officers, [warrant officers,]3 non-commissioned officers, and soldiers, respectively, of [the Burma]4 Army.

***FOOT NOTE

1. For rules under this section, see Burma Gazette, 1941, Part I, p. 939.

2. Substituted by Act XX, 1940.

3. Inserted ibid.

4. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

33. Save as otherwise provided by section 27, no offence under this Act shall be tried save by a Court not inferior to that of a Magistrate of the first class.

34. No enrolled person shall be liable to pay any municipal or other tax in respect of a horse, bicycle, motor-bicycle, motorcar or other means of conveyance, which he is authorized by a general or special order of the competent military authority to maintain in his capacity as a member of the Burma Auxiliary Force.

SCHEDULE I

(See sections 9, 11, 12 and 15.)

TRAINING.

1. Preliminary ----
(a) for infantry ……. ……... 32 days, and annual musketry course as laid down in regulation.
(b) for other branches …… ……. 40 days, and the annual musketry or gun course as laid down in regulations.
2. Periodical ------
(1) Active class ……. …….
(a) for infantry ……. ………… 20 days in each training years, and the annual musketry course as down in regulations.
(b) for other branches ….. …… 20 days in each training years, and the down in regulation.
3. Reserve class ------
(A) Personnel transferred from the
Active Class.
All branches.
The annual weapon training course as authorized in regulations.
(B) Personnel recruited directed to the
Reserve class ----

(a) for infantry …… …
(b) for other branches …. …
As prescribed in item 2 (1) above.

Note. (of section 15). Except during periodical training in camp, a day consists of four hours of actual military drill or action and be made of fraction of a day not more than for in number.

The Burma Code Volume 2: The Burma Official Secrets Act

[INDIA ACT XIX, 1923] (2nd April, 1923)

11. This Act extends to the whole of the Union of Burma, and applies also to all all citizens of the Union and all servants of the Government wherever they may be.

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

2. In this Act, unless there is anything repugnant in tine subject or context,—

(1) any reference to a place belonging to [the State]1 includes a place occupied by any department of the Government, whether the place is or is not actually vested in [the State]1;

(2) expressions referring to communicating or receiving include any communicating or receiving, whether in whole or in part, and whether the sketch, plan, model, article, note, document, or information itself or the substance, effect or description thereof only be communicated or received; expressions referring to obtaining or retaining any sketch, plan, model, article, note, or document include the copying or causing to be copied of the whole or any part of any sketch, plan, model, article, note, or document ; and expressions referring to the com­munication of any sketch, plan, model, article, note or document include the transfer or transmission of the sketch, pain, model, article, note or document;

(3) "document" includes part of a document;

(4) "model" includes design, pattern and specimen;

(5) "munitions of war" includes the whole or any part of any ship, submarine, aircraft, tank or similar engine, arms and ammunition, torpedo, or mine intended or adopted for use in war, and any other article, material, or device, whether actual or proposed, intended for such use;

1(6) "office under the Government" includes any office or employment in or under any department of the Government;

(7) "photograph" includes an undeveloped film or plate;

(8) "prohibited place" means —

(a) any work of defense, arsenal, naval, military or air force establishment or station, mine, minefield, camp, ship or aircraft belonging to, or occupied by or on behalf of, [the State]1, any military telegraph or telephone so belonging or occupied, any wireless or signal station or office so belonging or occupied, and any factory, dockyard or other place so belonging or occupied and used for the purpose of building, repairing, making or storing any munitions of war, or any sketches, plans, models or documents relating thereto, or for the purpose of getting any metals, oil or minerals of use in time of war;

(b) any place hot belonging to [the State]1 where any munitions of war or any sketches, models, plans or documents relating thereto, are being made, repaired, gotten or stored under contract with, or with any person on behalf of, [the Government]1;

(c) any place belonging to or used for the purpose of [the State]1 which is for the time being declared by the President of the Union, by notification in the Gazette, to be a prohibited place for the purposes of this Act on the ground that information with respect thereto, or damage thereto, would be useful to an enemy, and to which a copy of the notification in respect thereof has been affixed in [Burmese]1 and in the [language of the locality, if any]1;

(d) any railway, road, way or channel, or other means of communication by land or water (including any works or structures being part thereof or connected therewith) or any place used for gas, water or electricity works or other works for purposes of a public character, or any place where any munitions of war or any sketches, models, plans or documents relating thereto, are being made, repaired or stored otherwise than on behalf of [the State]1, which is

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

for the time being declared by the President of the Union, by notification in the Gazette, to be a prohibited place for the purposes of this Act on the ground that information with respect thereto, or the destruction or obstruction thereof, or interference therewith, would be useful to an enemy, and to which a copy of the notification in respect thereof has been affixed in [Burmese]1 and in the [language of the locality, if any]1;

(9) "sketch" includes any photograph or other mode of representing any place or thing; and

(10) "Superintendent of Police" includes any police-officer of a like or superior rank, and any person upon whom the powers of a Superintendent of Police are for the purposes of this Act conferred by the President of the Union.

3. (1) If any person for any purpose prejudicial to the safety or interests of the State—

(a) approaches, inspects, passes over or is in the vicinity of, or enters, any prohibited place; or

(b) makes any sketch, plan, model, or note which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy; or

(c) obtains, collects, records or publishes or communicates to any other person any secret official code or password, or any sketch, plan, model, article or note or other document or information which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy;

he shall be punishable with imprisonment for a term which may extend, where the offence is committed in relation to any work of defense, arsenal, naval, military or air force establishment or station, mine, minefield, factory, dockyard, camp, ship or aircraft or otherwise in relation to the naval, military or air force affairs of [the State]1 or in relation to any secret official code, to fourteen years and in other cases to three years.

(2) On a prosecution for an offence punishable under this section with imprisonment for a term which may extend to fourteen years, it shall not be necessary to show that the accused person was guilty of any particular act tending to show a purpose prejudicial to the safety or interests of the State, and, notwithstanding that no such act is proved against him, he may be convicted if, from the circumstances of the case or his conduct or his known character as proved, it appears that his purpose was a purpose prejudicial to the safety or interests of the State; and if any sketch, plan, model, article, note, document, or information relating to or used in any prohibited place, or relating to anything in such a place, or any secret official code or password is made, obtained, collected, recorded, published or communicated by any person other than a person acting under lawful authority, and from the circumstances of the case or his conduct or his known character as proved it appears that his purpose was a purpose prejudicial to the safety or interests of the State, such sketch, plan, model, article, note, document or information shall be presumed to have been made, obtained, collected, recorded, published or communicated for a purpose prejudicial to the safety or interests of the State.

4. (1) In any proceedings against a person for an offence under section 3, the fact that he has been in communication with, or attempted to communicate with, a foreign agent, whether within or without the Union of Burma, shall be relevant for the purpose of proving that he has, for a purpose prejudicial to the safety or interests of the State, obtained or attempted to obtain information which is calculated to be or might be, or is intended to be, directly or indirectly, useful to an enemy.

(2) For the purpose of this section, but without prejudice to the generality of the foregoing provision,—

(a) a person may be presumed to have been in communication with a foreign agent if —

(i) he has, either within or without the Union of Burma, visited the address of a foreign agent or consorted or associated with a foreign agent, or

(ii) either within or without the Union of Burma, the name or address of, or any other information regarding a foreign agent has been found in his possession, or has been obtained by him from any other person;

(b) the expression “foreign agent” includes any person who is or has been or in respect of whom it appears that there are reasonable grounds for suspecting him of being or having been employed by a foreign power, either directly or indirectly, for the purpose of committing an act, either within or without the Union of Burma, prejudicial to the safety or interests of the State, or who has or is reasonably suspected of having, either within or without the Union of Burma, committed, or attempted to commit, such an act in the interests of a foreign power;

(c) any address, whether within or without the Union of Burma, in respect of which it appears that there are reasonable grounds for suspecting it of being an address used for the receipt of communications intended for a foreign agent, or any address at which a foreign agent resides, or to which he resorts for the purpose of giving or receiving communications, or at which he carries on any business, may be presumed to be the address of a foreign agent, and communications addressed to such an address to be communications with a foreign agent.

5. (1) If any person having in his possession or control any secret official code or password or any sketch, plan, model, article, note, document or information which relates to or is used in a prohibited place or relates to anything in such a place, or which has been made or obtained in contravention of this Act, or which has been entrusted in confidence to him by any person holding office under Government, or which he has obtained or to which he has had access owing to his position as a person who holds or has held office under Government, or as a person who holds or has held a contract made on behalf of Government, or as a person who is or has been employed under a person who holds or has held such an office or contract —

(a) willfully communicates the code or password, sketch, plan, model, article, note, document or information to any person other than a person to whom he is authorized to communicate it, or a Court of Justice or a person to whom it is, in the interests of the State, his duty to co­mmunicate it ; or

(b) uses the information in his possession for the benefit of any foreign power or in any other manner prejudicial to the safety of the State ; or

(c) retains the sketch, plan, model, article, note or document in his possession or control when he has no right to retain it, or when it is contrary to his duty to retain it, or willfully fails to comply with all directions issued by lawful authority with regard to the return or disposal thereof ; or

(d) fails to take reasonable care of, or so conducts himself as to endanger the safety of, the sketch, plan, model, article, note, document, secret official code or password or information;

he shall be guilty of an offence under this section.

(2) If any person voluntarily receives any secret official code or password or any sketch, plan, model, article, note, document or information knowing or having reasonable ground to believe, at the time when he receives it, that the code, pass­word, sketch, plan, model, article, note, document or information is communicated in contravention of this Act, he shall be guilty of an offence under this section.

(3) If any person having in his possession or control any sketch, plan, model, article, note, document or information which relates to munitions of war, com­municates it, directly or indirectly, to any foreign power or in any other manner prejudicial to the safety or interests of the State, he shall be guilty of an offence under this section.

(4) A person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

6. (1) If any person for the purpose of gaining admission or of assisting any other person to gain admission to a prohibited place or for any other purpose pre­judicial to the safety of the State —

(a) uses or wears, without lawful authority, any naval, military, air force, police or other official uniform, or any uniform so nearly resembling the same as to be calculated to deceive, or falsely represents himself to be a person who is or has been entitled to use or wear any such uniform ; or

(b) orally, or in writing in any declaration or application, or in any document signed by him or on his behalf, knowingly makes or connives at the making of any false statement or any omission ; or

(c) forges, alters, or tampers with any passport or any naval, military, air force, police, or official pass, permit, certificate, license, or other document of a similar character (hereinafter in this section referred to as an official document) or knowingly uses or has in his possession any such forged, altered, or irregular official document ; or

(d) personates, or falsely represents himself to be, a person holding, or in the employment of a person holding, office under the Government, or to be or not to be a person to whom an official document or secret official code or password has been duly issued or communicated, or with intent to obtain an official document, secret official code or password, whether for himself or any other person, knowingly makes any false statement ; or

(e) uses, or has in his possession or under his control, without the authority of the department of the Government or the authority concerned, any die, seal or stamp of or belonging to, or used, made or provided by, any department of the Government, or by any diplomatic, naval, military or air force authority appointed by or acting under the authority of Government, or any die, seal or stamp so nearly resembling any such die, seal or stamp as to be calculated to receive, or counter­feits any such die, seal or stamp, or knowingly uses, or has in his possession or under his control, any such counterfeited die, seal or stamp

he shall be guilty of arm offence under this section.

(2) If any person for any purpose prejudicial to time safety of the State—

(a) retains any official document, whether or not completed or issued for use, when he has no right to retain it, or when it is contrary to his duty to retain it, or willfully fails to comply within any directions issued by any department of the Government or any person authorized by such department with regard to the return or disposal thereof ; or

(b) allows any other person to have possession of any official document issued for his use alone, or communicates any secret official code or pass­word so issued, or, without lawful authority or excuse, has in his possession any official document or secret official code or password issued for the use of some person other than himself, or, on obtaining possession of any official document by finding or otherwise, willfully fails to restore it to the person or authority by whom or for whose use it was issued, or to a police-officer; or

(c) without lawful authority or excuse, manufactures or sells, or has in his possession for sale, any such die, seal or stamp as aforesaid;

he shall be guilty of an offence under this section.

(3) A person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to two years, or within fine, or with both.

(4) The provisions of sub-section (2) of section 3 shall apply, for the purpose of proving a purpose prejudicial to the safety of the State, to any prosecution for an offence under this section relating to the naval, military or air force affairs of State, or to any secret official code, in like manner as they apply, for the purpose of proving a purpose prejudicial to the safety or interests of the State, to prosecutions for offences punishable under that section with imprisonment for a term which may extend to fourteen years.

7. (1) No person in the vicinity of any prohibited place shall obstruct, know­ingly mislead or otherwise interfere with or impede, any police-officer, or any member of the Burma forces engaged on guard, sentry, patrol, or other similar duty in relation to the prohibited place.

(2) If any person acts in contravention of the provisions of this section, he shall be punishable within imprisonment which may extend to two years, or within fine, or with both.

8. (1) It shall be the duty of every person to give on demand to a Superintendent of Police, or other police-officer not below the rank of Inspector empowered bu an Inspector-General or Commissioner of Police in this behalf, or to any member of the Burma forces engaged on guard, sentry, patrol or other similar duty, any information in his power relating to an offence or suspected offence under section 3, or under section 3 read with section 9, and, if so required, and upon tender of his reasonable expenses, to attend at such reasonable time and place as may be specified for the purpose of furnishing such information.

(2) If any person fails to give any such information or to attend as aforesaid, he shall be punishable with imprisonment which may extend to two years, or with fine, or with both.

9. Any person who attempts to commit or abets the commission of an offence under this Act shall be punishable with the same punishment, and be liable to be proceeded against in the same manner, as if he had committed such offence.

10. (1) If any person knowingly harbors any person whom he knows or has reasonable grounds for supposing to be a person who is about to commit or who has committed an offence under section 3, or under section 3 read within section 9, or knowingly permits to meet or assemble in any premises in his occupation or under his control any such persons, he shall be guilty of an offence under this section.

(2) It shall be the duty of every person, having harbored any such person as aforesaid or permitted to meet or assemble in any premises in his occupation or under his control any such persons as aforesaid, to give on demand to a Superintendent of Police, or other police-officer not below the rank of Inspector empowered by an Inspector-General or Commissioner of Police in this behalf, any information in his power relating to any such person or persons, and if any person fails to give any such information, he shall be guilty of an offence under this section.

(3) A person guilty of an offence under this section shall be punishable within imprisonment for a term which may extend to one year, or with fine, or with both.

11. (1) If a Magistrate of the first class or Subdivisional Magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence under this Act has been or is about to be committed, he may grant a search­ warrant authorizing any police-officer named therein, not being below the rank of an officer in charge of a police station, to enter at any time any premises ot place named in the warrant, if necessary, by force, and to search the premises or place and every person found therein, and to seize any sketch, plan, model, article, note or document, or anything of a like nature, or anything which is evidence of an offence under this Act having been or being about to be committed, which he may find on the premises or place or any such person, and with regard to or in connection with which he has reasonable ground for suspecting that an offence under this Act has been or is about to be committed.

(2) Where it appears to a police-officer, not being below the rank of Superinten­dent, that the case is one of great emergency, and that in the interests of the State immediate action is necessary, he may by a written order under his hand give to any police-officer the like authority as may be given by the warrant of a Magistrate under this section.

(3) Where action has been taken by a police-officer under sub-section (2) he shall, as soon as may be, report such action to the District or Subdivisional Magistrate.

12. Notwithstanding anything in the Code of Criminal Procedure —

(a) an offence punishable under section 3 or under section 3 read with section 9 within imprisonment for a term which may extend to fourteen years shall be a cognizable and non-bailable offence;

(b) an offence under clause (a) of sub-section (1) of section 6 shall be a cogniz­able and bailable offence ; and

(c) every other offence under this Act shall be a non-cognizable and bailable offence, in respect of which a warrant of arrest shall ordinarily issue in the first instance.

13. (1) No Court (other than that of a Magistrate of the first class specially empowered in this behalf by the President of the Union) which is inferior to that of a District Magistrate shall try any offence under this Act.

(2) If any person under trial before a Magistrate for an offence under this Act at any time before a charge is framed claims to be tried by the Court of Session, the Magistrate shall, if he does not discharge the accused, commit the case for trial by that Court, notwithstanding that it is not a case exclusively triable by that Court.

(3) No Court shall take cognizance of any offence under this Act unless upon complaint made by order of, or under authority from, the President of the Union, or some officer empowered by the President of the Union in this behalf:

Provided that a person charged with such an offence may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that such complaint has not been made, but no further or other proceedings shall be taken until such complaint has been made.

(4) For the purposes of the trial of a person for an offence under this Act, the offence may be deemed to have been committed either at the place in which the same actually was committed or at any place in the Union of Burma in which the offender may be found.

14. In addition and without prejudice to any powers which a Court may possess to order the exclusion of the public from any proceedings, if, in the course of pro­ceedings before a Court against any person for an offence under this Act or the proceedings on appeal, or in the course of the trial of a person under this Act, appli­cation is made by the prosecution, on the ground that the publication of any evidence to be given or of any statement to be made in the course of the proceedings would be prejudicial to the safety of the State, that all or any portion of the public shall be excluded during any part of the hearing, the Court may make an order to that effect, but the passing of sentence shall inn any case take place in public.

15. Where the person guilty of an offence under this Act is a company or corporation, every director and officer of the company or corporation with whose knowledge and consent the offence was committed shall be guilty of the like offence.

The Burma Code Volume 2: The Burma Reserve Forces Act

1. * * * *

2. The Burma Reserve Forces shall consist of the Regular Reserve and the Supplementary Reserve.

3. A person belonging to the Burma Reserve Forces shall be liable to serve beyond the limits of the Union of Burma as well as within those limits.

4. The President of the Union may make rules and orders for the government, discipline and regulation of the Burma Reserve Forces.

5. Subject to such rules and orders as may be made under section 4, a person belonging to the Burma Reserve Forces shall, as an officer or soldier, as the case may be, be subject to military law in the same manner and to the same extent as a person belonging to the Burma Forces.

6. (1) If a person belonging to the Burma Reserve Forces —

(a) when required by or in pursuance of any rule or order under this Act to attend at any place, fails without reasonable excuse to attend in accordance with such requirement, or

(b) fails without reasonable excuse to comply with any such rule or order, or

(c) fraudulently obtains any pay or other sum contrary to airy such rule or order,

he shall be liable —

(i) on conviction by a Court-martial, to such punishment other than death, transportation or imprisonment for a term exceeding one year as such Court is by the Burma Army Act empowered to award, or

(ii) on conviction by a Magistrate of the first class, to imprisonment for a term which may extend, in the case of a first offence under this section, to six months, and, in the case of any subsequent offence thereunder, to one year.

(2) Where a person belonging to the Burma Reserve Forces is required by or in pursuance of any rule or order under this Act to attend at any place, a certificate purporting to be signed by an officer appointed by such a rule or order in this behalf, and stating that the person so required to attend failed to do so in accordance with such requirement, shall, without proof of the signature or appointment of such officer, be evidence of the matters stated therein.

(3) Any person charged with an air offence under this section may be taken into and kept in either military or civil custody, or partly into and in one description of custody and partly into and in the other, or be transferred from one description of custody to the other.

The Burma Code Volume 2: The Burma Territorial Force Act

1. * * * *

2. In this Act, unless there is anything repugnant in the subject or context, —

“enrolled’’ means enrolled or re-enrolled in the Burma Territorial Force under this Act;

* * * *[i]

“non-commissionned officer’’ means a person holding non-commissioned rank

in the Burma Territorial Force, and includes an acting non-commissioned officer;

* * * *1; and

“prescribed” means prescribed by rides made under this Act.

3. There shall be raised and maintained in the manner hereinafter provided a force to be designated the Burma Territorial Force:

Provided that the President of the Union shall establish all or any of the branches of the Force as circumstances may permit from time to time.

4. (1) The President of the Union may constitute one or more corps or units of the Burma Territorial Force and may disband or reconstitute any corps or unit so constituted.

(2) The President of the Union may constitute for any town or group of towns one or more, urban corps or units of the Burma Territorial Force, to be recruited from persons residing in or near such town or towns, and may disband or reconstitute any corps or unit so constituted.

(3) The President of the Union may constitute a University Corps consisting of one or more Units of the Territorial Force, for the appointment thereto of students of, and other persons connected with the University of Rangoon or colleges affiliated thereto, and may disband or reconstitute any unit so constituted.

14A. * * * *

1 Deleted by the Union of Burma (Adaptation of Laws) Order, 1948.

5. (1) [Any citizen of Burma]1 may offer himself for enrolment in the Burma Territorial Force, and any such person who satisfies the prescribed conditions may be enrolled in the prescribed manner for such period, not exceeding six years, as may be prescribed.

(2) An applicant for enrolment may apply to be enrolled for service in any particular branch, corps or unit constituted for the place within which he for the time being resides.

* * * *2

6. (1) Every person enrolled shall without unnecessary delay be appointed in the prescribed manner to a corps o[1]r unit constituted under section 4 for the place in which he for the time being resides.

(2) Any person who has been enrolled for service in any particular branch, corps or unit shall be appointed to a corps or unit of that branch or to that corps or unit, as the case may be.

7. (1) Any person appointed to a corps or unit under section 6 may be transferred, whether on disbandment of the corps or unit or otherwise, to another corps or unit of the Burma Territorial Force, in such manner as may be prescribed.

(2) Nothing contained in sub-section (1) shall be deemed to authorize the transfer without his own consent of any person enrolled to a corps or unit constituted for a place other than that in which he for the time being resides, or of a person enrolled for service in a particular branch to a corps or unit of another branch, or of a person enrolled for service in a particular corps or unit to any other corps or unit.

(3) Any person enrolled may be attached at his own request to any corps or unit of the Burma Territorial Force or to any regular forces.

7A. (1) Any enrolled person who leaves his place for the time being and thereby leaves the place in which the corps or unit in which he is serving is constituted shall, if ire does not intend to return to that place, notify tire prescribed authority in that place of his change of residence.

(2) If such person having intended to return does not return within three months, he shall notify the prescribed authority as aforesaid immediately on the expiry of that period.

(3) The prescribed authority on being notified of a change of residence under sub-section (1) or sub-section (2) may, subject to the provisions of section 7, transfer such person from the corps or unit in which he is serving to another corps or unit.

8. Every person enrolled shall be entitled to receive his discharge from the Burma Territorial Force on the expiration of the period for which he was enrolled, and any such person may, prior to the expiration of that period, be discharged from the said Force by such authority and subject to such conditions as may be prescribed, and shall be so discharged on a recommendation of the Advisory Committee in this behalf:

Provided that no person enrolled who is for the time being engaged in military service under the provisions of this Act shall be entitled to receive his discharge before the termination of such service.

9. (1) Every person enrolled shall, subject to such conditions as may be prescribed, be bound to serve in any corps or unit of the Burma Territorial Force to which he has been appointed or transferred or is for the time being attached, and shall be subject to all rules and regulations that may be made under this Act relating to such corps or unit.

1 Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

2 Deleted ibid.

(2) Every person enrolled who has attained the age of eighteen years shall be liable to perform military service —

(a) when called out with any portion of the Burma Territorial Force by an order of the senior military officer present either to act in support of the civil power or to provide guards which, in the opinion of such officer, are essential; or

(b) when any portion of the Burma Territorial Force to which he belongs has been embodied to support or supplement [the Burma Forces]1 in the event of an emergency by a notification directing such embodiment issued by the President of the Union and published in the Gazette; or

(c) when attached at his own request to any regular forces:

Provided that nothing in this sub-section shall apply to persons enrolled in a University Corps.

10. (1) No person embodied under section 9 shall be required to perform military service beyond the limits of the Union of Burma save under a general or special order of the Governor.

(2) Any portion of the Burma Territorial Force which, having been called out or embodied under section 9, is performing military service shall be replaced by regular troops or otherwise as soon as circumstances permit, and shall not be required to perform such service after such replacement has been effected to the satisfaction of the senior military officer in charge or after the cancellation of the order or notification under clause (a) or (b), as the case may be, of section 9.

11. 2(1) * * * *

(2) Every [commissioned officer]1 of the Burma Territorial Force, when doing duty as such officer, shall be subject to the Burma Army Act, and the rules and regulations made thereunder, whereupon the said Act, rules and regulations shall apply to him as if he held the same rank in [the Burma Forces]1 as he holds for the time being in the said force, subject to the terms of his commission and the orders of the President of the Union.

(3) Every non-commissioned officer and man of the Burma Territorial Force, —

(a) when called out or embodied for military service under section 9,

(b) when attached to, or otherwise acting as part of, or with, any regular force, or

(c) when embodied for, or otherwise undergoing, military training in the prescribed manner,

shall be subject to the Burma Army Act, and the rules and regulations made there­under, whereupon the said Act, rules and regulations shall apply to him as if he held the same rank in [the Burma Forces]1 as he holds for the time being in the said force, subject to the orders of the President of the Union:

Provided that the said Act, rules and regulations shall, in their application to such non-commissioned officers and men when embodied for or otherwise undergoing military training, be modified to such extent and in such manner as may be prescribed.

Provided further that non-commissioned officers and men of an urban corps or unit, when undergoing military training without having been embodied for that purpose, and non-commissioned officers and men of a University Corps when under­going training, shall in respect of such training, be subject only to such disciplinary and other rules as may be prescribed.

1 Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

2 Deleted ibid.

(4) Where an offence punishable under the Burma Army Act, or, as the case may be, under that Act as modified under sub-section (3), has been committed by any person whilst subject to that Act under the provisions of this section, such person may be taken into and kept inn military custody and tried and punished for such offence, although he has ceased to be so subject as aforesaid, in the manner as he might have been taken into and kept in military custody, tried or punished, if he had continued to be so subject:

Provided that no such person shall be kept in military custody after he has ceased to belong to the Burma Territorial Force, unless he has been taken into or kept in military custody on account of the offence before the date on which he ceased so to belong; nor shall he be kept in military custody or be tried or punished for the offence after the expiry of two months from that date, unless his trial has already commenced before such expiry.

1lA. In addition to, or in substitution for, any punishment or punishments to which he may be liable under the Burma Army Act, [any commissioned officers]1 non-commissioned officer or man of the Burma Territorial Force, not being a member of a University Corps, may be punished, either by a criminal Court or summarily by order of the prescribed authority, for any offence under that Act, with fine which may extend to fifty rupees, to be recovered in such manner and by such authority as may be prescribed:

Provided that no fine shall be summarily inflicted by order of the prescribed authority in any case in which the accused claims to be tried by a criminal Court:

Provided further that no Court inferior to that of a Magistrate of the first class shall try any offence made punishable by or under this Act.

11B. Where [any commissioned officer,]1 non-commissioned officer or man of the Burma Territorial Force is required, by or in pursuance of any rule, regulation or order made under this Act, to attend at any place, a certificate purporting to be signed by the prescribed officer, stating that the person so required to attend failed to do so in accordance with such requirement, shall, without proof of tire signature or appointment of such officer, be evidence of the matters stated therein.

12. (1) The President of the Union shall constitute a Central Advisory Committee to advise him on matters connected with the Territorial Force and a Unit Advisory Committee for each unit.

(2) * * * *

(3) The constitution, powers and procedure of the Advisory Committees shall be such as may be prescribed.

13. (1) The President of the Union may, after previous publication, make rules2 to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may —

(a) prescribe the manner in which, the period for which and the conditions subject to which, persons may be enrolled under section 5;

(b) prescribe the manner in which persons enrolled may be appointed to corps and units under section 6 or transferred under section 7 or section 7A;

(c) prescribe the authorities by which and the conditions subject to which persons enrolled may be discharged under section 8;

1 Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

2 For such rules, see Burma Gazette, 1941, Part I, p. 952.

(d) prescribe preliminary and periodical military training, compulsory and voluntary, for any persons or class of persons enrolled and provide for the embodiment of any corps or unit for that purpose;

(e) prescribe the military or other obligations to which members of a University Corps shall be liable when undergoing military training and provide generally for the maintenance of discipline in such cases;

(f) provide for the medical examination of persons offering themselves for enrolment under section 5 ;

(g) provide for and regulate the remuneration, allowances, gratuities or compensation (if any) to be paid to any person or class of persons enrolled or to their dependants ; and

(h) provide for any other matter which under this Act is to be or may be prescribed.

(3) All rules made under this Act shall be published in the Gazette, and on such publication shall have effect as if enacted in this Act.

14. (1) The General Officer Commanding the Forces in the Union of Burma may make regulations consistent with this Act and the rules made thereunder providing generally for all details connected with the organization and personnel of the Burma Territorial Force and for the duties, military training, clothing, equipment, allowances and leave of persons enrolled.

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may specify the courses of training or instruction to be followed by any person or class of persons enrolled.

15. For the purposes of sections 128, 130 and 131 of tine Code of Criminal Procedure, all [commissioned officers,]1 non-commissioned officers and men of the Burma Territorial Force who have been appointed to a corps or unit shall be deemed to be [commissioned officers,]1 non-commissioned officers and soldiers, respectively, of [the Burma Army.]1

16. No person shall be liable to pay any municipal or other tax in respect of any horse, bicycle, motor bicycle, motorcar, or other means of conveyance which he is authorized by regulations made under section 14 to maintain in his capacity as a member of the Burma Territorial Force.

1 Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

The Burma Code Volume 2: The Essential Supplies and Services Act

[BURMA ACT XLVII, 1947] (1st August, 1947)

It is hereby enacted as follows: —

1. This Act shall come into force on the first day of August, 1947, and shall remain in force until the President of the Union, by notification, directs that it shall cease to be in force.

2. In this Act, the expression —

(a) "undertaking" means any undertaking by way of trade or business or to provide any public service;

(b) "cattle" means bulls, bullocks, cows, calves, buffaloes (male and female) and buffalo calves.

3. The President of the Union may, so far as appears to him to be expedient for maintaining supplies and services essential to the life of the community, by order provide—

(1) for regulating or prohibiting the production, treatment, keeping, storage, movement, transport, distribution, disposal, acquisition, use or consumption of things of any description;

and, in particular, for prohibiting the withholding from sale, either generally or to specified persons, of things kept for sale, and for requiring things kept for sale to be sold either generally or to specified persons or classes of persons or in specified circumstances;

1(1A) for regulating or prohibiting or restricting the hire or charter of aircraft or for regulating the loading of, or for prohibiting or restricting the carriage of goods by, any aircraft;

2(1B) for controlling the use or disposal of, or dealings in, coin which is legal tender in the Union of Burma;

3(1C) for regulating or prohibiting the use, keeping, movement or disposal of animals employed in connection with any timber industry;

4(1D) for providing or regulating water supply and environmental sanitation in rural areas;

5(1E) for providing or regulating the business of taking goods and cattles in pawn for loans of money;

(2) for controlling the prices or rates at which things of any description may be sold or hired;

(3) for controlling the rates at which any vessel registered in the Union of Burma may be hired and the rates at which persons or goods may be carried in or on any such vessel;

(4) for regulating the letting and sub-letting in any are of residential accommodation, whether furnished or unfurnished and whether­ with or without board, and, in particular,—

(i) for controlling the rents for such accommodation;

(ii) for preventing the unreasonable eviction of tenants and sub-tenants from such accommodation; and

(iii) for requiring such accommodation to be let either generally, or to specified persons or classes of persons, or in specified circumstances;

(5) for regulating the carrying on of any undertaking engaged in, or capable of doing, work appearing to the President of the Union essential to any of the abovementioned purposes, and, in particular,—

(i) for requiring work to be done by an undertaking;

(ii) for determining the order of priority in which, and the period or periods within winch, work shall be done by an undertaking;

(iii) for controlling or fixing the charges which may be made by the undertakers in respect of the doing of any work by them;

(iv) for requiring, regulating or prohibiting the engagement in the undertaking, of any employee or any class of employees;

(v) for requiring any person or class of persons engaged in such work to reside in and remain within any place specified in the order, and to continue to perform such work or such other work of the same nature as may be directed by an authority specified in the order;

(vi) for requiring the undertaking to provide adequate safeguards against sabotage, theft, fire or other accident;

(6) for requiring persons carrying on any undertaking to keep such books, accounts and records relating to the undertaking and to employ such accounting and auditing staff, as may be specified in the order;

Foot Note; 1. Inserted by Acts XV and XXVI, 1950.

2. Inserted by Act XIV, 1950.

3. Inserted, Act XLIX, 1950.

4. Inserted by Act V, 1953.

5. Inserted by Act II, 1954.

(7) for requiring persons carrying on, or employed in connection with, any undertaking to produce to such authority as may be specified in the order any books, accounts or other documents relating to the undertakings; and for requiring such persons to furnish to such authority as may be specified in the order such estimates, returns, or other information relating to the undertaking as may be specified in the onder or demanded thereunder;

1(7A) for requiring measures to be taken, as may be specified therein, by any person or persons for the purpose of preventing loss of any supplies or money or valuable securities, belonging to or in the possession or under the control of or payable to the Civil Supplies Department, and for empowering any such persons to persons to arrest without warrant;

(8) for any incidental and supplementary matters for which the President of the Union thinks it expedient for the purposes of the order to provide, including, in particular, the entering and inspection of premises to which the order relates with a view to securing compliance with the order;

and an order under this Act may prohibit the doing of anything regulated by the order except under, and in accordance with the conditions of, a licence granted by such authority as may be specified in the order, and may be made so as to apply either to person or undertakings generally or to any particular person or undertaking or class of persons or undertakings, and either to the whole or to any part of any undertaking, and so as to have effect either generally or in any particular area.

4. It it appears to the president of the Union that for maintaining supplies and services essential to the life of the community, it is necessary to exercise control over the whole or any part of an existing undertaking, the President of the Union may by order authorized any person (herinafter referred to as an "authorized controller") to exercise, with respect to the undertaking or any part thereof specified in the order, such functions of control as may be provided by the order, and so long as an order made under this section is in force with respect to any undertaking or part of an undertaking —

(1) the authorized controller shall exercise his functions in accordance with any instructions given to him by the President of the Union, so, however, that he shall not have power to give any directions inconsistent with the provisions of any Act other instrument determining the functions of the undertakers except in so far as may be specifically provided by the order; and

(2) the undertaking or the part shall be carried on in accordance with any directions given by the authorized controller in accordance with the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions.

5. (1) If in the opinion of the President of the Union it is expedient so to do for securing the public safety, the maintenance of public order, or for maintaining supplies and services essential to the life of the community, the President of the Union may by order in writing requisition any animal, product, or thing, and may make such further orders as appear to the President of the Union to be expedient in connection with the requisitioning.

Foot Note: 1. Inserted by Act LXI, 1947.

(2) Where the President of the Union has requisitioned any animal, product, or ting under sub-section (1), the President of the Union may use or deal with the animal, product or thing in such manner as may appear to him to be expedient, and may acquire it by serving on the owner thereof a notice stating that the President of the Union has acquired it under this Act.

Where such notice of acquisition is served on the owner of the animal, product, or thing, then, at the beginning of the day on which the notice is served, the animal, product or thing shall vest in the President of the Union free from any mortgage, pledge, lien or other similar obligation, and the period of the requisition thereof shall end.

1(3) Whenever in pursuance of sub-section (1) or sub-section (2) the President of the Union requisitions or acquires any animal, product or thing, the owner thereof shall be paid compensation to such extent as may be determined in accordance with the provisions which the President of the Union shall, by special or general order, prescribe.

(4) The President of the Union may, with a View to the requisition of any animal, product or thing, or the determining of the compensation payable in respect of a any animal, product or thing which has been requisitioned, by order—

(i) require any person to furnish to such authority as may be specified in the order such information in his possession relating to the animal, product or thing as may be so specified;

(ii) direct that the owner, ar person in possession, of the animal, product or thing shall not, without the permission of the President of the Union, dispose of it till the expiry of such period as may be specified in the order,

6. The President of the Union may, if in his opinion it is expedient so to do for the purpose of maintaining supplies and services essential to the life of the community, by order, prohibit or restrict, or impose conditions upon, the slaughter of cattle and sale of meat of cattle in the Union of Burma or in any area thereof.

7. The President of the Union may by order direct that any power or duty which is conferred or imposed on him by this Act shall in such circumstances and under such conditions, iflany, as may be specified in the direction be exercised or discharged —

(a) by any officer or authority subordinate to the President of the Union, or

(b) by any other authority.

8. (1) Whoever contravenes any provision of any order, or direction issued under any order, made under sections 3, 4 and 5 of this Act shall be punishable with imprisonment which may extend to three years, or with fine which may extend to one thousand rupees, or with both.

2(2) All things in respect if which an offence punishable under sub-section (1) has been committed shall be liable to confiscation by order of the Court trying the offence.

The receptacles, packages and coverings of such things, and the vessel, vehicle or mens of transport used for the conveyance thereof shall also be liable to confiscation unless the owner proves that he had no reason to believe that such an offence was being or was likely to be committed.

(3) If any person contravenes any order made under section 6 of this Act, he shall be punishable with imprisonment for a term which may extend to six month, or with fine which may extend to two hundred rupees, or with both.

Foot Note: 1. Substituted by Act XXI, 1953.

2. Amended by Act LXI, 1974,

1(4) In any prosecution under sub-section (1) relating to a violation of any direction made under any order issued under section 3, the burden of proving that he has acquired lawfully, or has come into authorized possession of an essential commodity, shall lie on the person in whose possession such commodity is found.

Explanation. — A person shall be deemed to have acquired or to have come into lawfully, possession of an essential commodity only if such acquisition or possession is permitted under a general or special licence issued by the Commis­sioner of Civil Supplies or by an officer or officers authorized by him in his behalf.

29. The following orders shall be deemed to continue to be in force as if the said orders had been made under the provisions of this Act: —

(a) The Burma Rationing (Preparatory Measures) Order, 1946.

(b) The Burma Rationing Order, 1946.

(c) The Civil Supplies Order, 1947.

(d) The Paper Control Order, 1947.

(e) The Inland Water Transport Order, 1946.

(f) Compulsory Declaration of Paddy and Rice Stocks Order, 1946.

3(g) The Road Transport Order, 1947.

10. No suit, prosecution or other proceedings shall be instituted in any Court against any person or person in respect of anything in good faith done or intended to be done under the provisions of this Act or any Order made under this Act.

The Burma Code Volume 2: The Explosive Substances Act

[INDIA ACT VI, 1908] (8th June, 1908)

11. This Act extends to the whole of the Union of Burma and applies also to all citizens of the Union and all servants of the Government wherever they may be.

2. In this Act, the expression “explosive substance” shall be deemed to include any materials for making any explosive substance; also any apparatus, machine, implement or material used, on intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; also any part of any such apparatus, machine or implement.

3. Any person who unlawfully and maliciously causes by any explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be punished with transportation for life or any shorter term, to which fine may be added, or with imprisonment for a term which may extend to ten years, to which fine may be added.

4. Any person who unlawfully and maliciously —

(a) does any act with intent to cause by an explosive substance, or conspires to cause by an explosive substance, an explosion in the Union of Burma of a nature likely to endanger life or to cause serious injury to property ; or

(b) makes on has in his possession or under his control any explosive substance with

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

intent by means thereof to endanger life, or cause serious injury to property in the Union of Burma, or to enable any other person by means thereof to endanger life or cause serious injury to property in the Union of Burma;

shall, whether any explosion does or does not take p1ace and whether any injury to or property has been actually caused or not, be punished with transportation for a term which may extend to twenty years, to which fine may be added, or with imprisonment for a term which may extend to seven years, to which fine may be added.

5. Any person who makes or knowingly has in his possession on under his control any explosive substance, under such circumstances as to give rise to a reasonable suspicion that he is not making it or does not have it in his possession or under his control for a lawful object, shall, unless he can show that he made it or had it in his possession or under his control for a lawful object, be punishable with transportation for a term which may extend to fourteen years, to which fine may be added, or with imprisonment for a term which may extend to five years, to which fine may be added.

6. Any person who by the supply of on solicitation for money, the providing of premises, the supply of materials, or in any manner whatsoever, procures, counsels, aids, abets, or is accessory to, the commission of any offence under this Act shall be punished with the punishment provided for the offence.

7. No Court shall precede to the trial of any person for an offence against this Act except with the consent of the President of the Union.

The Burma Code Volume 2: The Naval Armament Act

[INDIA ACT VII, 1923] (10th November 1923]

WHEREAS it is expedient to give effect in the Union of Burma to the Treaty for the Limitation of Naval Armament and for the Exchange of Information concerning Naval Construction signed in London on behalf of His Britannic Majesty on the twenty-fifth day of March, 1936; It is hereby enacted as follows: —

1. * * * *

2. In this Act, unless there is anything repugnant in the subject or context, —

(a) ‘‘competent Court’’ means the High Court or such other Court having unlimited original civil jurisdiction as the President of the Union may declare to be a competent Court for the purposes of this Act;

(b) “ship’’ means any boat, vessel, battery or craft, whether wholly or partly constructed, which is intended to float or is capable of floating on water, and includes all equipment belonging to any ship ; and

(c) ‘‘the Treaty’’ means the Treaty for the Limitation of Naval Armament and for the Exchange of Information concerning Naval Construction signed in London on behalf of His Majesty on the twenty-fifth day of March, 1936.

3. No person shall, except under and in accordance with the conditions of a license granted under this Act, —

(a) build any vessel of war, or alter, arm or equip any ship so as to adapt her for use as a vessel of war ; or

(b) dispatch or deliver, or allow to be dispatched or delivered, from any place in the Union of Burma any ship which has been, either wholly or partly, built, altered, armed or equipped as a vessel of war in any part of His Britannic Majesty’s Dominions or in a State in India or Pakistan otherwise than under and in accordance with any law for the time being in force in that part or State.

4. (1) A license under this Act for any of the purposes specified in section 3 may be granted by the President of the Union, and shall not be refused unless it appears to the President of the Union that such refusal is necessary for the purpose of securing the observance of the obligations imposed by the Treaty; and, where a license is granted subject to conditions, the conditions shall be such only as the President of the Union may think necessary for the purpose aforesaid.

(2) An application for a license under this section shall be in such form and shall be accompanied by such designs and particulars as the President of the Union may, by general or special order, require.

5. (1) If any person contravenes any of the provisions of section 3, he shall be punishable with imprisonment for a term, which may extend to two years, or with fine, which may extend to one thousand rupees, or with both.

(2) Where an offence punishable under sub-section (1) has been committed by a company or corporation, every director and manager of such company or corpora­tion shall be punishable thereunder unless he proves that the act constituting the offence took place without his knowledge and consent.

(3) Nothing contained in section 517 or section 518 or section 520 of the Code of Criminal Procedure shall be deemed to authorize the destruction or confiscation under the order of any criminal Court of any ship, which is liable to forfeiture under this Act or of any part of such ship.

6. Any ship which has been, either wholly or partly, built, altered, armed, or equipped as a vessel of war in the Union of Burma in contravention of section 3, or in any part of His Britannic Majesty’s Dominions or in India or Pakistan in contravention of any like provision of law in force in that part or India or Pakistan, shall, if found in the Union of Burma, be liable to forfeiture under this Act.

7. (1) Where a Ship is liable to forfeiture under this Act, —

(a) any Magistrate of the first class, or

(b) any commissioned officer on full pay in the military, naval or air service of the Government, or

(c) any officer of customs or police-officer not below such rank as may be designated in this behalf by the President of the Union,

may seize such ship and detain it, and, if the ship is found at sea within the territorial waters of the Union of Burma, may bring it to any convenient port in the Union of Burma.

(2) Any officer taking any action under sub-section (1) shall forthwith report the same through his official superiors to the President of the Union.

(3) The President of the Union shall, within thirty days of the seizure, either cause the ship to be released or make or cause to be made, in the manner hereinafter provided, an application for the forfeiture thereof, and may make such orders for the temporary disposal of the ship as he thinks suitable.

8. (1) An application for the forfeiture of a ship under this Act may be made by or under authority from the President of the Union to any competent Court within the local limits of whose jurisdiction the ship is for the time being.

(2) On receipt of any such application, the Court shall cause notice thereof and of the date fixed for the hearing of the application to be served upon all persons appearing to it to have an interest in the ship, and may give such directions for the temporary disposal of the ship as it thinks fit.

(3) For the purpose of disposing of an application under this section, the Court shall have the same powers and follow, as nearly as may be, the same procedure as it respectively has and follows for the purpose of the trial of suits under the Code of Civil Procedure and any order made by the Court under this section shall be deemed to be a decree, and the provisions of the said Code in regard to the execu­tion of decrees shall, as far as they are applicable, apply accordingly.

(4) Where the Court is satisfied that the ship is liable to forfeiture under this Act, it shall pass an order forfeiting the ship to the Government.

Provided that, where any person having an interest in the ship proves to the satisfaction of the Court that he has not abetted, or connived at, or by his negligence facilitated in any way, a contravention of section 3 in respect of the ship, and such ship has not been built as a vessel of war, it may pass such other order as it thinks fit in respect of the ship or, if it be sold, of the sale proceeds thereof:

Provided further, that in no case shall any ship which has been altered, armed or equipped as a vessel of war be released until it has been restored, to the satisfaction of the President of the Union, to such condition as not to render it liable to forfeiture under thus Act.

(5) The President of the Union or any person aggrieved by any order of a Court, other than the High Court, under this section may, within three months of the date of such order, appeal to the High Court.

9. Where a ship has been forfeited to the Government under section 8, it may be disposed of in such manner as the President of the Union directs:

Provided that, where the ship is sold under this section, due regard shall be had to the obligations imposed by the Treaty.

10. If in any trial, appeal or other proceeding under the foregoing provisions of this Act, any question arises as to whether a ship is a vessel of war or whether any alteration, arming or equipping of a ship is such as to adapt it for use as a vessel of war, the question shall be referred to and determined by the President of the Union, whose decision shall be final and shall not be questioned in any Court.

11. (1) Where a ship which has been seized or detained under section 7 or section 8 and has not been released by competent authority under this Act proceeds to sea, the master of the ship shall be punishable with fine which may extend to one thousand rupees, and the owner and any person who sends the ship to sea shall be likewise so punishable unless such owner or person proves that the offence was committed without his knowledge and consent.

(2) Where any ship so proceeding to sea takes to sea, when on board thereof in the execution of his duty, any officer empowered by this Act to seize and detain the ship, the owner and master shall further each be liable, on the order of the Court trying an offence punishable under sub-section (1), to pay all the expenses of and incidental to such officer being taken to sea, and shall further be punishable with fine which may extend to one hundred rupees for every day until such officer returns or until such time as would enable him after leaving the ship to return to the port from which he was taken.

(3) Any expenses ordered to be paid under sub-section (2) may be recovered in the manner provided in the Code of Criminal Procedure for the recovery of a fine.

12. (1) Any person empowered by this Act to seize and detain any ship may, at any reasonable time by day or night, enter any dockyard, shipyard or other place and make inquiries respecting any ship which he has reason to believe is liable to forfeiture under this Act, and may search such ship with a view to ascertaining whether the provisions of this Act have been or are being duly observed in respect thereof, and every person in charge of or employed in such place shall on request be bound to give the person so empowered all reasonable facilities for such entry and search and for making such inquiries.

(2) The provisions of sections 101, 102 and 103 of the Code of Criminal Procedure shall apply in the case of all searches made under this section.

13. No Court inferior to that of a Magistrate of the first class shall proceed to the trial of any offence punishable under this Act, and no Court shall proceed to the trial of any such offence except on complaint made by, or under authority from, the President of the Union.

14. No prosecution, suit or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act.

The Burma Code Volume 2: The Press (Emergency Powers) Act

[INDIA ACT XXIII, 1931] (9th October, 1931)

1. * * * *

2. In this Act, unless there is anything repugnant in the subject or context,—

(1) “book” includes every volume, part or divisions of a volume, pamphlet and leaflet, in any language, and every sheet of music, map, chart or plan separately printed or lithographed;

(2) “document” includes also any painting, drawing or photograph or other visible representation;

(3) * * * *

(4) “Magistrate” means a District Magistrate

(5) “newspaper” means any periodical work containing public news or comments on public news;

(6) “news-sheet” means any document other than a newspaper containing public news or comments on public news or any matter described in sub-section (1) of section 4;

(7) “press” includes a printing-press and all machines, implements and plant and parts thereof and all materials used for multiplying docu­ments;

(8) “printing-press” includes all engines, machinery, types, lithographic stotnes, implements, utensils and other plant or materials used for the purpose of printing;

(9) “unauthorised newspaper” means —

(a) any newspaper in respect of which there are not for the time being valid declarations under section 5 of the Press (Registration) Act, and

(b) any newspaper in respect of which security has been required under this Act, but has not been furnished as required;

(10) “unauthorised news-sheet” means any news-sheet other than a news-sheet published by a person authorized under section 15 to publish it ; and

(11) “undeclared press” means any press other than a press in respect of which there is for the time being a valid declaration under section 4 of the Press (Registration) Act.

CONTROL OF PRINTING-PRESSES AND NEWSPAPERS

3. (1) Any person keeping a printing-press who is required to make a declaration under section 4 of the Press (Registration) Act may be required by the Magistrate before whom the declaration is made, for reasons to be recorded in writing, to deposit with the Magistrate within ten days from the day on which the declarations is made security to such an amount, not being more than one thousand rupees, as the Magistrate may in each case think fit to require, in money or the equivalent thereof in securities of the Government of the Union of Burma or the Government of India or Pakistan as the person making the deposit may choose:

Provided that if a deposit has been required under sub-section (3) from any previous keeper of the printing-press, the security which may be required under this sub-sections may amount to three thousand rupees.

(2) Where security required under sub-section (1) has been deposited in respect of any printing-press, and for a period of three months from the date of the declara­tion mentioned in sub-section (1) no order is made by the President of the Union under section 4 in respect of such press, the security shall, on application by the keeper of the press, be refunded.

(3) Whenever it appears to the President of the Union that any printing-press kept in any place in the Union of Burma, in respect of which security under the provisions of this Act has not been required, or having been required has been refunded under sub-­section (2), is used for the purpose of printing or publishing any newspaper, book or other document containing any words, signs or visible representations of the nature described in section 4, sub-section (1), the President of the Union may, by notice in writing to the keeper of the press stating or describing such words, signs or visible representations, order the keeper to deposit with the Magistrate within whose jurisdictions the press is situated security to such an amount, not being less than five hundred or more than three thousand rupees, as the President of the Union may think fit to require, in money or the equivalent thereof in securities of the Government of the Union of Burma or the Government of India as the person making the deposit may choose.

(4) Such notice shall appoint date, not being sooner than the tenth day after the date of the issue of the notice, on or before which the deposit shall be made.

4. (1) Whenever it appears to the President of the Union that any printing-press in respect of which any security has been ordered to be deposited under section 3 is used for the purpose of printing or publishing any newspaper, book or other document containing any words, signs or visible representations which —

(a) incite to or encourage, or tend to incite to or to encourage, the commission of any offence of murder or any cognizable offence involving violence, or

(b) directly or indirectly express approval or admiration of any such offence, or of any person, real or fictitious, who has committed or is alleged or represented to have committed any such offence,

or which tend, directly or indirectly,—

(c) to seduce any officer, soldier, sailor or airman in the military, naval or air forces or any police-officer from his allegiance or his duty, or

1(d) to bring into hatred or contempt the Government estab­lished by law in the Union of Burma or the administration of justice in the Union of Burma or any class or section of persons resident in the Union of Burma or to excite disaffection towards the said Government, or

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

(e) to put any person in fear or to cause annoyance to him and thereby induce him to deliver to any person any property or valuable security or to do any act which he is not legally bound to do, or to omit to do any act which he is legally entitled to do, or

(f) to encourage or incite any person to interfere with the administration of the law or with the maintenance of law and order, or to commit any offence, or to refuse or defer payment of any land-revenue, tax, rate, cess or other due or amount payable to Government or to any local authority, or any rent of agricultural lad or anything recoverable as arrears of or along with such rent, or

(g) to induce a public servant or in servant of a local authority to do any act or to forbear or delay to do any act connected with the exercise of his public functions or to resign his office, or

(h) to promote feelings of enmity or hatred between different classes of [persons resident in the Union of Burma]1, or

(i) to prejudice the recruiting of persons to serve in any of the Burma forces, or its any police force, or to prejudice the training, discipline or administration of any such force, or

2(j) * * * *

the President of the Union may, by notice in writing to the keeper of such printing-press, stating or describing the words, signs or visible representations which in his opinions are of the nature described above,—

(i) where security has been deposited, declare such security, or any portion thereof, to be forfeited to [the State]1, or

(ii) where security has not been deposited, declare the press to be forfeited to [the State]1,

and may also declare all copies of such newspaper, book or other document wherever found in the Union of Burma to be forfeited to [the State]1.

Explanation 1.— No expression of approval or admiration made in a historical or literary work shall be deemed to be of the nature described in this sub-section unless it has the tendency described in clause (a).

Explanation 2.— Comments expressing disapprobation of the measures of the Government or Administration with view to obtain their alteration by lawful means without exciting or attempting to excite hatred, contempt or disaffection shall not be deemed to be of the nature described in clause (d) * * *2 of this sub-section.

Explanation 3.— Comments expressing disapprobation of the administrative or other action of the Government or Administrations without exciting or attempting to excite hatred, contempt or disaffection shall not be deemed to be of the nature described in clause (d) * * *2 of this sub-sections.

Explanation 4.— Words pointing out, without malicious intentions and with an honest view to their removal, matters which are producing or have a tendency to produce feelings of enmity or hatred between different classes of [persons resident of in the Union of Burma]1 shall not be deemed to be words of the nature described in clause (h) of this sub-section.

* * * *3

(2) After the expiry of ten days from the date of the issue of a notice under sub-section (1) declaring a security, or any portion thereof, to be forfeited, the declarations made in respect of such press under section 4 of the Press (Registration) Act shall be deemed to be annulled.

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

2. Deleted ibid.

3. Explanation 5 was deleted ibid.

5. (1) Where the security given in respect of any press, or any portion thereof, has been declared forfeited under section 4 or section 6, every person making a fresh declarations in respect of such press under section 4 of the Press (Registrations) Act shall deposit with the Magistrate before whom such declaration is made security to such an amount, not being less than one thousand or more than ten thousand rupees, as the Magistrate may think fit to require, in money or the equivalent thereof in securities of the Government of the Union of Burma or the Government of India or Pakistan as the person making the deposit may choose.

(2) Where a portion only of the security given in respect of such press has been declared forfeited under section 4 or section 6, any unforfeited balance still in deposit shall be taken as part of the amount of security required under sub-section (1).

6. (1) If, after security has been deposited under sections 5, the printing-press is again used for the purpose of printing or publishing any newspaper, book or other document containing any words, signs or visible representations which, in the opinion of the President of the Union may, are of the nature described in section 4, sub-section (1), the President of the Union may, by notice in writing to the keeper of such printing-press stating or describing such words, signs or visible representations, declare —

(a) the further security so deposited, or any portions thereof, and

(b) all copies of such newspaper, book or other document wherever found in the Union of Burma,

to be forfeited to [to the State]1.

(2) After the expiry of tens days from the issue of a notice under sub-section (1), the declaration made in respect of such press under section 4 of the Press (Registration) Act shall be deemed to be annulled.

7. (1) Any publisher of a newspaper who is required to make a declaration under section 5 of the Press (Registration) Act may be required by the Magistrate before whom the declaration is made, for reasons to be recorded in writing, to deposit with the Magistrate within ten days from the day on which the declaration is made security to such an amount, not being more than one thousand rupees, as the Magistrate may in each case think fit to require, in money or the equivalent thereof in securities of the Government of the Union of Burma or the Government of India or Pakistan as the person making the deposit may choose:

Provided that if a deposit has been required under sub-sections (3) from any previous publisher of the newspaper, the security which may be required under this sub-section may amount to three thousand rupees.

(2) Where security required under sub-section (1) has been deposited in respect of any newspaper, and for a period of three months from the date of the declaration mentioned in sub-sections (1) no order is made by the President of the Union under section 8 in respect of such newspaper, the security shall, on applications by the publisher of the newspaper, be refunded.

(3) Whenever it appears to the President of the Union that a newspaper punished in the Union of Burma, in respect of which security under the provisions of this Act has not been required, or having been required has been refunded under sub-section (2), contains any words, signs or visible representations of the nature described in section 4, sub-section (1), the President of the Union may, by notice in writing to the publisher of such newspaper, stating or describing such words, signs or visible representations, require the publisher to deposit with the Magistrate within whose jurisdictions the newspaper is published security to such an amount, not being less than five hundred or more than three thousand rupees, as the President of the Union may think fit to require, in money or the equivalent thereof in securities of the Union of Burma or the Government of India or Pakistan as the person making the deposit may choose.

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

(4) Such notice shall appoint a date, not being sooner than the tenth day after the date of the issue of the notice, on or before which the deposit shall be made.

8. (1) If any newspaper in respect of which any security has been ordered to be deposited under section 7 contains any words, signs or visible representations which, in the opinions of the President of the Union, are of the nature described in sections 4, sub­-sections (1), the President of the Union may, by notice in writing to the publisher of such newspaper, stating or describing such words, signs or visible representations,—

(a) where the security has been deposited, declare such security, or any portion thereof, to be forfeited to [the State]1, or

(b) where the security has not been deposited, annul the declarations made by the publisher of such newspaper under section 5 of the Press (Registrations) Act,

and may also declare all copies of such newspaper wherever found in the Union of Burma to be forfeited to [the State]1.

(2) After the expiry of tens days from the date of the issue of a notice under sub-sections (1) declaring a security, or any portion thereof, to be forfeited, the declarations made by the publisher of such newspaper under section 5 of the Press (Registration) Act shall be deemed to be annulled.

9. (1) Where the security given in respect of any newspaper, or any portions thereof, is declared forfeited under section 8 or sections 10, any person making a fresh declaration under section 5 of the Press (Registration) Act as publisher of such newspaper, or any other newspaper which is the same in substance as the said newspaper, shall deposit with the Magistrate before whom the declaration is made security to such an amount, not being less than one thousand or more than ten thousand rupees, as the Magistrate may think fit to require, in money or the equivalent thereof in securities of the Government of the Union of Burma or the Government of India or Pakistan as the person making the deposit may choose.

(2) Where a portion only of the security given its respect of such newspaper has been declared forfeited under sections 8 or section 10, any unforfeited balance still in deposit shall be taken as part of the amount of security required under sub-sections (1).

10. (1) If, after security has been deposited under sections 9, the newspaper again contains any words, signs or visible representations which, in the opinion of the President of the Union, are of the nature described in section 4, sub-section (1), the President of the Union may, by notice in writing to the publisher of such newspaper, stating or describing such words, signs or visible representations, declare —

(a) the further security so deposited, or any portion thereof, and

(b) all copies of such newspaper wherever found in the Union of Burma, to be forfeited to [the State]1.

(2) After the expiry of ten days from the date of the issue of a notice under sub-section (1), the declaration made by the publisher of such newspaper under section 5 of the Press (Registration) Act shall be deemed to be annulled and no further declarations in respect of such newspaper shall be made save with the per­mission of the President of the Union.

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

11. (1) Whoever keeps in his possessions a press which is used for the printing of books or papers without making a deposit under sections 3 or section 5, as required by the President of the Union or the Magistrate, as the case may be, shall on conviction by a Magistrate be liable to the penalty to which he would be liable if he had failed to make the declaration prescribed by section 4 of the Press (Registrations) Act.

(2) Whoever publishes any newspaper without making a deposit under section 7 or section 9, as required by the President of the Union or the Magistrate, as the case may be, or publishes such newspaper knowing that such security has not been deposited, shall on conviction by a Magistrate be liable to the penalty to which he would be liable if he had failed to make the declaration prescribed by sections 5 of the Press (Registration) Act.

12. (1) Where a deposit is required from the keeper of a printing-press under section 3, such press shall not be used for the printing or publishing of any newspaper, book or other document after the expiry of the time allowed to make the deposit until the deposit has been made, and where deposit is required from the keeper of a printing-press under sections 5, such press shall not be so used until the deposit has been made.

(2) Where any printing-press is used in contravention of sub-section (1), the President of the Union may, by notice in writing to the keeper thereof, declare the press to be forfeited to [the State]1.

(3) Where a deposit is required from the publisher of a newspaper under section 7 and the deposit is not made within the time allowed, the declarations made by the publisher under section 5 of the Press (Registration) Act shall be deemed to be annulled.

13. Where any person has deposited any security under this Act and ceases to keep the press in respect of which such security was deposited, or, being a publisher, makes a declaration under section 8 of the Press (Registration) Act, he may apply to the Magistrate within whose jurisdiction such press is situate for the returns of the said security; and thereupon such security shall, upon proof to the satisfaction of the Magistrate and subject to the provisions hereinbefore contained, be returned to such person.

14. Where any printing-press is, or any copies of any newspaper, book or other document are, declared forfeited to [the State]1 under section 4, section 6, section 8, section 10 or section 12, the President of the Union may direct a Magistrate to issue a warrant empowering any police-officer, not below the rank of sub-inspector, to seize and detain any property ordered to be forfeited and to enter upon and search for such property in any premises —

(i) where any such property may be or may be reasonably suspected to be, or

(ii) where any copy of such newspaper, book or other document is kept for sale, distribution, publication or public exhibitions or is reasonably suspected to be so kept.

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

UNAUTHORIZED NEWS-SHEETS AND NEWSPAPERS

15. (1) The Magistrate may, by order in writing and subject to such conditions as he may think fit to impose, authorise any person by name to publish a news­-sheet, or to publish news-sheets from time to time.

(2) A copy of an order under sub-sections (1) shall be furnished to the persons thereby authorised.

(3) The Magistrate may at any time revoke an order made by him under sub-sections (1).

16. (1) Any police-officer, or any other persons empowered in this behalf by the President of the Union, may seize any unauthorised news-sheet or unauthorised newspaper, wherever found.

(2) Any District Magistrate, Subdivisional Magistrate or Magistrate of the first class may by warrant authorise any police-officer not below the rank of sub-inspector to enter upon and search any place where any stock of unauthorised news-­sheets or unauthorised newspapers may be or may be reasonably suspected to be, and such police-officer may seize any documents found in such place which, in his opinion, are unauthorised news-sheets or unauthorised newspapers.

(3) All documents seized under sub-section (1) shall be produced as soon as may be before a District Magistrate, Subdivisional Magistrate or Magistrate of the first class, and all documents seized under sub-section (2) shall be produced as soon as may be before the Court of the Magistrate who issued the warrant.

(4) If, in the opinion of such Magistrate or Court, any of such documents are unauthorised news-sheets or unauthorised newspapers, the Magistrate or Court may cause them to be destroyed. If, in the opinion of such Magistrate or Court, any of such documents are not unauthorised news-sheets or unauthorised newspapers, such Magistrate or Court shall dispose of them in the manner provided in sections 523, 524 and 525 of the Code of Criminal Procedure.

17. (1) Where a District Magistrate or Subdivisional Magistrate has reason to believe that an unauthorised news-sheet or unauthorised newspaper is being produced from an undeclared press within the limits of his jurisdictions, he may by warrant authorise any police-officer not below the rank of sub-inspector to enter upon and search any place wherein such undeclared press may be or may be reasonably suspected to be, and if, in the opinion of such police-officer, any press found in such place is an undeclared press and is used to produce an unauthorised news-sheet or unauthorised newspaper, he may seize such press and any documents found in the place which in his opinion are unauthorised news-sheets or unauthorised newspapers.

(2) The police-officer shall make a report of the search to the Court which issued the warrant and shall produce before such Court, as soon as may be, all property seized:

Provided that where any press which has been seized cannot be readily removed, the police-officer may produce before the Court only such parts thereof as he may think fit.

(3) If such Court, after such inquiry as it may deem requisite, is of opinion that a press seized under this section is an undeclared press which is used to produce an unauthorised news-sheet or unauthorised newspaper, it may, by order in writing, declare the press to be forfeited to [the State]1. If, after such inquiry, the Court is not of such opinion, it shall dispose of the press in the manner provided in sections 523, 524 and 525 of the Code of Criminal Procedure.

(4) The Court shall deal with documents produced before it under this section in the manner provided in sub-section (4) of section 16.

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

18. (1) Whoever makes, sells, distributes, publishes or publicly exhibits or keeps for sale, distributions or publication, any unauthorised news-sheet or news­paper shall be punishable with imprisonment winch may extend to six months, or with fine, or with both.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, any offence punishable under sub-section (1), and any abetment of any such offence, shall be cognizable.

SPECIAL PROVISIONS RELATING TO THE SEIZURE OF CERTAIN DOCUMENTS

19. Where any newspaper, book or other document wherever made appears to the President of the Union to contain any words, signs or visible representations of the nature described in section 4, sub-section (1), the President of the Union may, by notification in the Gazette, stating the grounds of his opinion, declare every copy of the issue of the newspaper, and every copy of such book on other document to be forfeited to [the State]1, and thereupon any police-officer may seize the same wherever found in the Union of Burma, and may Magistrate may by warrant authorise any police-officer not below the rank of sub-inspector to enter upon and search for the same in any premises where may copy of such issue or any such book or other document may be or may be reasonably suspected to be.

20. The Chief Customs-officer or other officer authorised by the President of the Union in this behalf may detain any package brought, whether by land, sea or air, into the Union of Burma which he suspects to contain any newspapers, books or other documents of the nature described in section 4, sub-sections (1), and shall forthwith forward copies of any newspapers, books or other documents found therein to such officer as the President of the Union may appoint in this behalf, to be disposed of in such manner as the President of the Union may direct.

21. No unauthorised news-sheet or unauthorised newspaper shall be trans­mitted by post.

22. Any officer in charge of a post-office or authorised by the [Director-General of Posts and Telegraphs]* in this behalf may detains any article other than a letter or parcel in course of transmission by post which he suspects to contain —

(a) any newspaper, book or other document containing words, signs or visible representations of the nature described in section 4, sub-section (1), or

(b) any unauthorised news-sheet or unauthorised newspaper,

and shall deliver all such articles to such officer as the President of the Union may appoint in this behalf, to be disposed of in such manner as the President of the Union may direct.

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

* Now the Director of Posts, see Act XXV, 1950.

POWERS OF HIGH COURT

23. (1) The keeper of a printing-press who has been ordered to deposit security under sub-section (3) of section 3, or the publisher of a newspaper who has been ordered to deposit security under sub-section (3) of section 7, or any person having an interest in any property in respect of which an order of forfeiture has been made under section 4, section 6, section 8, section 10 or section 19 may, within two months from the date of such order, apply to the High Court to set aside such order, and the High Court shall decide if the newspaper, book or other document in respect of which the order was made did or did not contain any words, signs or visible representations of the nature described in section 4, sub-section (1).

(2) The keeper of a printing-press in respect of which an order of forfeiture has been made under sub-section (2) of section 12 on the ground that it has been used in contravention of sub-sections (1) of that section may apply to the High Court to set aside the order on the ground that the press was not so used.

24. Every such application shall be heard and determined by a Special Bench of the High Court composed of three Judges.

25. (1) If it appears to the Special Bench on an application under sub-section (1) of section 23 that the words, signs or visible representations con­tained in the newspaper, book or other document in respect of which the order in question was made were not of the nature described in section 4, sub-section (1), the Special Bench shall set aside the order.

(2) If it appears to the Special Bench on an application under sub-section (2) of section 23 that the printing-press was not used in contravention of sub-section (1) of section 12, it shall set aside the order of forfeiture.

(3) Where there is a difference of opinions among the Judges forming the Special Bench, the decisions shall be in accordance with the opinion of the majority of those Judges.

(4) Where there is no such majority which concurs in setting aside the order in question, the order shall stand.

26. On the hearing of an application under sub-section (1) of section 23 with reference to any newspaper, any copy of such newspaper may be given its evidence in aid of the proof of the nature or tendency of the words, signs or visible representa­tions contained in such newspaper, in respect of which the order was made.

27. The High Court shall frame rules1 to regulate the procedure in the case of such applications, the amount of the costs thereof, and the execution of orders passed thereon, and until such rules are framed the practice of such Court in proceedings other than suits and appeals shall apply, so far as may be practicable, to such applications.

SUPPLEMENTAL

28. Every notice under this Act shall be sent to a Magistrate, who shall cause it to be served in the manner provided for the service of summonses under the Code of Criminal Procedure:

Provided that, if service in such manner cannot by the exercise of due diligence be effected, the serving officer shall, where the notice is directed to the keeper of a press, affix a copy thereof to some conspicuous part of the place where the press is situate, as described in the keeper’s declaration under section 4 of the Press (Registrations) Act, and where the notice is directed to the publisher of newspaper, to some conspicuous part of the premises where the publication of such newspaper is conducted, as given ins the publisher’s declaration under section 5 of the said Act and thereupon the notice shall be deemed to have been duly served.

29. Every warrant issued under this Act shall, so far as it relates to a search, be executed in the manner provided for the execution of search-warrants under the Code of Criminal Procedure.

Foot Note: 1. For such rules, see High Court Notification No. 4 (Genl.), dated 14th 1940 as amended by Notification No. 8 (Genl.), dated 26th April, 1950, at p. 487 of the High Court Rules and Orders, Third Edition,

30. Every declarations of forfeiture purporting to be made under this Act shall, as against all persons, be conclusive evidence that the forfeiture therein referred to has taken place, and no proceeding purporting to be taken under this Act shall be called in question by any Court, except the High Court on applications under section 23, and no civil or criminal proceeding, except as provided by this Act, shall be instituted against any person for anything done or in good faith intended to be done under this Act.

31. Nothing herein contained shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence against that Act.

132. (1) Whoever publishes, circulates or repeats in public any passage from a newspaper, book or other document, copies whereof have been declared to be for­feited to [the State]2 under any law for the time being in force, shall be punished with imprisonment for a term which may extend to six months, or with fine or with both.

(2) No Court shall take cognizance of an offence punishable under this section unless the President of the Union has certified that the passage published, circulated or repeated contains, in the opinions of the President of the Union, seditious or other matter of the nature referred to in sub-section (1) of section 99A of the Code of Criminal Procedure, or sub-section (1) of section 4 of the Press (Emergency Powers) Act.

Foot Note: 1. This section was originally section 5 of India Act XXIII of 1932. The Burma Laws (Adaptation of Laws) Act, 1940 (Burma Act XXVII of 1940) directed that section 5 of that Act should be inserted herein as section 31 (32 ?).

2. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

The Burma Code Volume 2: The Public Order (Preservation) Act

[BURMA ACT XVI, 1947] (3rd April, 1947)

WHEREAS it is expedient to make provisions for preserving peace and order in certain areas; * * * *

It is hereby enacted as follows : —

1. (1) This Act may be called the Public Order (Preservation) Act, 1947.

(2) It shall come into force at once, and shall remain in force until such date as the President of the Union may by notification declare it to be no longer in force.

(3) It shall extend to such areas3 as the President of the Union may, from time to time, by notification, specify, and the President of the Union may, in such notification, exclude the operation of any provisions of this Act from such areas.

42. In this Act, unless there is anything repugnant in the subject or context, —

(i) "The Code" means the Code of Criminal Procedure

(ii) "Prejudicial act" means the following acts —

(a) any act directly or indirectly connected with any unlawful activity having for its object the smuggling of opium or dangerous drugs contrary to any law for the time being in force; or

(b) any act which directly or indirectly abets or facilitates the commission of any offence in respect of firearms or ammunition contrary to the Arms Act for the time being in force ; or

(c) any act which directly or indirectly abets or facilitates the smuggling of mineral ores or concentrates contrary to any law for the time being in force; or

Foot Note: 3. For a list of areas to which this Act is extended, See Home Department Notification No. 1419, dated 19th December 1947 (Burma Gazette, 1947, Part I, p. 850), and same Department Notification. No. 2, dated 6th January 1949 (Burma Gazette, 1949, Part I, p. 43).

4. Substituted by Act IV, 1953.

(d) any act which directly or indirectly abets or facilitates the commis­sion of any offence in respect of foreign exchange contrary to the Foreign Exchange Regulation Act, 1947 or

(c) any act which directly or indirectly abets or facilitates the smug­gling of rice, rice products, paddy, timber, mineral oil, metals, metal scraps or precious stones contrary to any law for the time being infirce.

3. Notwithstanding anything contained in the Code or in any other law for the time being in force in any area to which this Act extends —

(a) any member of the Armed Forces serving in the Union of Burma who is authorized, by name or designation, by the President of the Union in this behalf may exercise the powers conferred upon police officers by the provisions of Chapter V of the Code as amended;

(b) the operation of the provisions of sub-section (3) of section 46 of the Code shall be suspended;

(c) section 61 of the Code shall have effect as if the expression "seventy-t­wo hours" had been substituted for the expression "twenty-four" appearing therein;

1(d) sub-ection (1) of section 260 of the Code shall have effect as if the following provisos had been added thereto, namely: —

"Provided that the President of the Union may, by notification, empower any Magistrate to try in a summary way any offence triable by a Magistrate of the first class, and that nothing contained in sub-section (2) of section 262 of the said Code shall apply to any case tried by virtue of such notification:

Provided further that, in any case tried by virtue of such notification the Magistrate shall record a memorandum of the substance of the evidence of each witness examined, may refuse to summon any witness if he is satisfied that the evidence of such witness will not be material and shall not be bound to adjourn a trial for any purpose unless such adjournment is, in his opinion, necessary in the interests of justice."

23A. (1) Where an accused, in a trial before any criminal Court, has by his voluntary act rendered himself incapable of appearing before the Court, or resists his production before it, or behaves before it in a persistently disorderly manner, the Court may, at any stage of the trial, by order in writing dispense with the attendance of the accused and proceed with the trial in his absence.

(2) Where a plea is required in answer to a charge from an accused whose attendance has been dispensed with under sub-section (1) such accused shall be deemed not to plead guilty.

(3) An order under sub-section (1) shall not affect the right of the accused of being represented by a pleader at any stage of the trial, or being present in person if he has become capable of appearing or appears in Court and undertakes to behave in an orderly manner.

(4) Notwithstanding anything contained in the Code, no finding, sentence or order passed in any trial shall be held to be illegal by reason of any omission or irregularity whatsoever arising from the absence of any accused whose attend­ance has been dispensed with under sub-section (1).

Foot Note: 1. Substituted by Act LXII, 1948.

2. Inserted ibid.

4. (1) Notwithstanding anything contained in any law for the time being in force, the Deputy Commissioner and any officer who is authorized, by name or designation, by the President of the Union in this behalf may take hostages from or may impose fines in money or goods, or may confiscate or destroy the property or any part of the property of, the inhabitants of any village-tract, or may destroy by burning or by any other means any village or any part thereof, if after enquiry he finds that any substantial number of the inhabitants of such village-tract or village have —

(a) taken part in or conspired to create a disturbance of the public tranquility or attempted to create or abetted the creation of such disturbance or collected men, arms or ammunition or otherwise prepared to create a disturbance of the public tranquility;

(b) taken part in or abetted the commission of or conspired to commit robbery or dacoity with arms.

(2) The Deputy Commissioner or such officer, as the case may be, may order the whole or any part of the fine imposed under sub-section (1) to be given as compensation to any person to whom damage or injury has been caused directly or indirectly by the act or acts in respect of which the fine is imposed.

5. (1) Any police officer not below the rank of a sub-inspector or army other officer of Government empowered in this behalf, by general or special order by the President of the Union, may [issue an order of arrest or]1 arrest without warrant any person whom he * * * *2 suspects of having acted, of acting, or of being about to act, —

(a) in any manner calculated to disturb, or to assist a disturbance of the public tranquility;

(b) in a manner prejudicial —

(i) to the safety of any place or area or of any industry, machinery or building in any such place or area;

(ii) to the output or effective control of any such industry or machinery.

(2) Any officer who makes an arrest in pursuance of sub-section (1) shall forthwith report the fact of such arrest to the President of the Union, and pending the receipt of the orders of the President of the Union he may, by an order in writing, commit any person so arrested to such custody as the President of the Union may by general or special order specify:

Provided —

(i) that no person shall be detained in custody under this sub-section for a period exceeding fifteen days without the order of the President of the Union;

(ii) that no person shall he detained in custody under this sub-section for a period exceeding two months.

(3) If any person arrested under clause (b) of sub-section (1) is prepared to security, the officer who has arrested him may, instead of committing him to custody, release him on his executing a bond with or without sureties undertaking that he will not, pending the receipt of the orders of the President of the Union, enter, reside or remain in the areas in respect of which he became liable to arrest.

(4) On receipt of any report made under the provisions of sub-section (2) the President of the Union may, in addition to making such orders subject to the second proviso to sub-section (2) as may appear to be necessary for the temporary custody of any person arrested under this section, make, in exercise of any powers conferred upon the President of the Union by any law for the time being in force, such final order as to his detention, release, residence or any other matter con­cerning him as may appear to the President of the Union in the circumstances of the case to be reasonable or necessary.

Foot Note:1. Inserted by Act XXXVI, 1949.

2. The word “reasonably” was deleted by Act LXII, 1948,

(5) When security has been taken in pursuance of the provisions of sub-­section (3), the bond shall be deemed to be a bond taken under the Code by the District Magistrate having jurisdiction in the area in respect of which the said security has been taken and the provisions of section 514 of the said Code shall apply accordingly.

15A. (1) If the President of the Union is satisfied with respect to any par­ticular; person that with a view to preventing him from acting in any manner prejudicial to the public safety and the maintenance of public order [or from committing any prejudicial act]2 it is necessary so to do, the President of the Union may make an order —

(a) directing such person to remove himself from the Union of Burma in such manner, by such time and by such route as may be specified in the order, and prohibiting his return to the Union of Burma;

(b) directing that he be detained;

(c) directing that, except in so far as he may be permitted by the provi­sions of the order, or by such authority or person as may be specified therein, he shall not be in any such area or place in the Union of Burma as may be specified in the order;

(d) requiring him to reside or remain in such place or within such area in the Union of Burma as may be specified in the order, and if he is not already there to proceed to that place or area within such time as may be specified in the order;

(e) requiring him to notify his movements in such manner, at such times and to such authority or persons as may be specified in the order;

(f) imposing upon him such restrictions as may be specified in the order in respect of his employment or business, in respect of his associa­tion or communication with other persons, in respect of his control over minor children of whom he is parent or guardian, and in respect of his activities in relation to the dissemination of news or propagation of opinions;

(g) prohibiting or restricting the possession or use by him of any such article or articles as may be specified in the order;

(h) otherwise regulating his conduct in any such particular as may be specified in the order;

Provided that no order under clause (a) of this sub-section shall be made in respect of any [citizen of the Union]3.

(2) An order made under sub-section (1) may require the person in respect of whom it is made to enter into a bond, within or without sureties, for the due performance of, or as an alternative to the enforcement of, such restrictions or conditions made in the order as may be specified in the order.

(3) If any person is in any area or place in contravention of an order made at under the provisions of this section or fails to leave any area or place in accordance with the requirement of such an order, then, without prejudice to the provisions of sub-section (5), he may be removed from such area or place by any police officer or by any person acting on behalf of Government.

(4) So long as there is in force in respect of any person such an order as aforesaid directing that he be detained, he shall be liable to be detained in such place, and under such conditions as to maintenance, discipline and the punishment of officers and breaches of discipline, as the President of the Union may from time to time determine.

Foot Note: 1. Inserted by Act XXVIII, 1947.

2. Inserted by Act IV, 1953.

3. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

(5) If any person contravenes any order made under this section, he shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both, and if such person has entered into a bond in pursuance of the provisions of sub-section (2), his bond shall be forfeited, and any person bound thereby shall pay the penalty thereof, or show cause to the satisfaction of the convicting Court why such penalty should not be paid.

(6) If the President of the Union has reason to believe that a person in respect of whom he has made an order under sub-section (1) directing that the person be detained has absconded or is concealing himself so that such order cannot be executed the President of the Union may make a report in writing of the facts to a District Magistrate or a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of sections 87, 88 and 89 of the Code of Criminal Procedure shall apply in respect of the said person and his property as if the other directing that he be detained were a warrant issued by the Magistrate.

15B. (1) The President of the Union may, by order, direct that any person in respect of whom an order has been made under the provisions of section 5A, shall —

(a) allow himself to be photographed;

(b) allow his finger and thumb impressions to be taken;

(c) furnish specimens of his handwriting and signature; and

(d) attend at such time and place before such authority or person as may be specified in the order for all or any of the purposes mentioned in this section.

(2) If any person contravenes army order made under this section, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

6. (1) The President of the Union may, by order, direct that, subject to any specified exemption, no person present within any specified area shall, between, such hours as may be specified, be out of doors except under the authority of a written permit granted by a specified authority or person.

(2) If any person contravenes any order made under this section, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

(3) No Court shall take cognizance of an alleged offence under this section except on a report in writing of the facts constituting such offence made by a public servant.

26A. (1) The President of the Union may, by general or special order, prohibit or restrict in any area any such exercise, movement, evolution or drill of a military nature as may be specified in the order.

(2) If any person contravenes any order made under this section, he shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.

2 6B. (1) If the President of the Union is satisfied that —

(a) the wearing in public of any dress or article of apparel resembling any uniform or part of a uniform required to be worn by a member

Foot Note: 1. Inserted by Act XXVIII, l947

2. Inserted by Act LXXIX, 1947

of [the Burma]1 Forces on by a member of any official Police Force or of any force constituted under any law for the time being in force,

(b) the wearing or display un public of any distinctive dress or article of apparel or any emblem,

would be likely to prejudice the public safety or the maintenance of public order, the President of the Union may, by general or special order, prohibit or restrict the wearing or display in public of any such dress, article of apparel or emblem.

(2) For the purposes of this section, a dress, an article of apparel or an emblem shall be deemed to be worn or displayed in public if it is worn or displayed so as to be visible to a person in any place to which the public have access.

(3) If any person contravenes any order made under this section he shall be punishable within imprisonment for a term which may extend to three years, on with fine, or with both.

7. The President of the Union may by order direct that any power which is conferred upon him by [sections 5, 5A, 5B, 6, 6A and 6B]2 shall, subject to such conditions as may be specified therein, be exercised by such officer or authority as he may specify.

8. Any authority or person acting in pursuance of this Act shall interfere within interfere with ordinary avocations of life and the enjoyment of property as little as may be consonant with the purpose of ensuring the public order and safety.

9. (1) No order made in exercise of any power conferred by or under this Act shall be called into question in any Court.

(2) Where an order purports to have been made and signed by any officer or authority in exercise of any power conferred by or under this Act, a Court shall, within the meaning of the Evidence Act, presume that such order was made by that officer or authority until the contrary be proved.

10. (1) No suit, prosecution on other legal proceedings shall lie against any person for anything winch is in good faith done on intended to be done in pur­suance of this Act.

(2) Save as otherwise expressly provided under this Act no suit or other legal proceeding shall lie against the [Union of Burma]1 for any damage caused or likely to because by anything done or intent led to be done in pursuance of this Act.

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

2. Amended by Acts XXVIII, 1947, LXXIX, 1947 and LXII, 1948.

The Burma Code Volume 2: The Public Property Protection Act

[BURMA ACT LXXXIII, 1947] (24th December, 1947)

It is hereby enacted as follows:—

1. This Act shall remain in force until such date as the President of the Union may by notification declare it to be no longer in force.

2. In this Act, unless there is anything repugnant in the subject or context,—

(i) "Public property" means any store or equipment or any other­ property whatsoever belonging to, or consigned to, or intended for the rise of the army, naval or air forces serving in the Union of Burma or belonging to, or consigned to, or intended for the use of, the Government of the Union of Burma or any local authority * * *5 constituted under any; and

(ii) "prejudicial act" means the following acts: —

(a) any act directly or indirectly connected with, or relating to, any unlawful activity having for its object the smuggling of any

Foot Note: 1. Inserted by Act V, 1948.

2. In section 9, clauses (f), (g), (i) and (1) were deleted, and clauses (h) and (k) related as (f) and (g), respectively, by Act XIII, 1951.

3. Inserted by Act LXXX, 1947.

4. Inserted by Act LXI, 1917.

5. Deleted by Act XVII, 1951.

property in and out of the Union of Burma in in contravention of import and export orders and rules duly made by the Government under the * * *1 Control of Imports and Exports (Temporary) Act, 1947; or

(b) any; act which directly or indirectly abets on’ incites or facilitates the commission of any offence in respect of any Public property or the contravention of any rule or order made under this Act, the * * *1 Control of Imports and Exports (Temporary) Act, 1947, the Public Utilities Protection Act, 1947, the [Foreign Exchange Regulation Act, 1947]2 the Essential Supplies and Services Act, 1947; or

(c) out willful negligence, mismanagement or default our the part of a person who has, or has had, the custody, charge or control of any Public property, resulting directly or indirectly in loss, deterioration or destruction of any such Public property;

(d) and dealing by any person directly or indirectly in any Public property which gives rise to a suspicion that the person concerned has obtained such Public property either by commission of theft, misappropriation, mischief, breach of trust on by any wrongful means.

3. If any person finds any Public property which he has cause to believe to have been lost or abandoned and that, prior to the loss or abandoned and that, prior to the loss or abandonment, was in the possession of a person who was serving with an armed force or under the Government, the person so finding such property —

(a) shall report the nature and situation thereof, or if such property is a document, cause it to be delivered to some member of the army, naval or air forces serving in the Union of Burma, on duty in the neighborhood, or to the Officer-in-Charge of a police station in the neighborhood; or if such property is found outside the Union of Burma, shall take such steps as are practicable to secure that the nature and situation thereof are reported, or, if such property is a document, that it is delivered as soon as may be, to some person in the service of the Government; and

(b) shall not, save as aforesaid, remove or tamper with such property, except with the permission of the President of the Union.

4. The President of the Union may by order direct that the obligation and restriction imposed by section 3 shall not apply to any Public property of such description as may be specified therein or as may be specified by such authority as the President of the Union may appoint in this behalf.

5. If any person contravenes any of the provisions of section 3, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

6. (1) Notwithstanding anything contained in any other law for the time being in force, if any person is in authorized possession of any Public property, or commits theft, misappropriation or mischief in respect of any Public property, he shall be punishable with imprisonment for a term which may extend to seven years, or with whipping, or with both imprisonment in whipping, and shall also be liable to fine,

Foot Note: 1. Deleted by the Union of Burma (Adaptation of Laws) Order, 1948,

2. Inserted by Act XVII, 1951,

(2) In any prosecution under sub-section (1) the burden of proving that the possession is authorized shall lie on the person in whose possession any such Public property is found.

7. (1) Any police officer not below the rank of a sub-inspector or any other officer of Government empowered in this behalf by general or special order by the President of the Union may, with the prior approval of such authority as may be prescribed by the President of the Union, arrest without warrant any person whom he suspects of having committed or of committing any of the offences mentioned in sub-section (1) of section 6 in respect of any Public property.

1(2) Any officer authorized in this behalf by general or special order by the President of the Union may arrest without warrant any person whom he suspects of having committed or of committing any prejudicial act;

2(2A) Any officer authorized in this behalf by general or special order by the President of the Union, may, if he is satisfied with respect to any particular person that circumstances exist which render it necessary to arrest him with a view to preventing him from committing any offence mentioned in section 6 (1) or an offence of criminal breach of trust in respect of any Public property, or any prejudicial act, do so without warrant;

(3) Any officer who makes an arrest in pursuance of sub-section (1) or sub-section (2) [or sub-section (2A) or who makes an arrest for an offence of criminal breach of trust in respect of any Public property]2 shall forthwith report the fact of such arrest to the President of the Union, and pending the receipt of the orders of the President of the Union, he may, by an order in writing, commit any person so arrested to such custody as the President of the Union may, by general or special order, specify :

Provided —

(i) that no person shall be detained in custody under this sub-section for a period exceeding fifteen days without the order of the President of the Union;

(ii) that no person shall be detained in custody under this sub-section for a period exceeding six months.

(4) If any person arrested under sub-section (1) or sub-section (2) is prepared to furnish security, the officer who has arrested him may, subject to such general or special instructions as may from time to time be issued by the President of the Union or any person authorized by the President of the Union in this behalf, release him on his executing a bond, with or without sureties, undertaking that he will conform to such conditions or directions as the President of the Union may from time to time make.

3(5) On receipt of any report made under sub-section (3), the President of the Union may, by order, direct, subject to the second proviso to sub-section (3), that a person arrested under this section be detained for such period as he may deem necessary for the purpose of making an investigation.

(6) When security has been taken in pursuance of the provisions of sub-­section (4), the bond shall be deemed to be a bond taken under the Code of Criminal Procedure by the District Magistrate having jurisdiction in the area in respect of which the said security has been taken and the provisions of section 514 of the Code of Criminal Procedure shall apply accordingly.

2(7) The order of detention under sub-section (5) shall not be deemed to authorize the continued detention of the person in respect of whom it had been

Foot Note: 1. Substituted by Act XVII, 1951 and subsequently by Act XLIII, 1951.

2. Inserted by Act XLIII, 1951.

3. Substituted ibid.

made after he is sent up for trial before any competent Court ; but the Court before which the trial or enquiry is held, shall not release the accused on bail unless it is established that the accused, if released on bail, is not likely to suborn any witness cause of the disappearance of any evidence or secret or destroy any document which may be used as evidence against him.

8. (1) Not withstanding anything contained in any other law for the time being in force, where any person is arrested or detained under section 7, the Inspector-General of Police, on the Commissioner of Police, Rangoon or any other office of the Government empowered by the President of the Union in this behalf may, if he thinks fit so to do,—

(a) inspect or cause, in writing, to be inspected, by art officer not below the rank of District Superintendent of Police whose name is specified therein, any book belonging to, or under the control of, a bank; or

(b) direct the manager or agent of the bank to supply a certified copy of any entry in the book of the bank or give any information in the possession of the bank, relating to the account of such person [or to any other person dependent on him, or relating to any property kept in the safe custody of the bank in the name of such person or of any other person dependent on him]1; or

(c) prohibit the manager or agent of the bank from making any payment from the amount standing to the credit of such person [or of any other person dependent on him or from delivering any property kept in the safe custody of the bank in the name of such Person or any other person dependent on him]1 without an order in writing of the officer making the prohibition.

(2) The expressions "bank" and "certified copy" shall have the same meanings as are assigned to them under the Bankers' Books Evidence Act.

(3) If the manager or agent of a bank, as the case may be, fails or refuses to allow inspection of any book belonging to, or und the control of, the bank, or to comply with any direction or prohibition issued under sub section (1), he shall be liable to punishment with imprisonment of a term which may extend to three years, or with fine, or with both.

9. Any person who attempts to contravene, or abets, or attempts to abet, or does any act preparatory to, a contravention of any of the provisions of this Act, shall be deemed to have contravened that provision.

10. (1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act.

(2) Save as otherwise expressly provided under this Act, no suit or other legal proceeding shall lie against the Government for any damage caused or likely to be cause by anything done or intended to be done in pursuance of this Act.

11. The State Property Protection Act, 1947, Burma Act No. XLIII of 1947, is hereby repealed; but notwithstanding such repeal anything purported to be done or any action purported to be taken in exercise of any power conferred by or under the said Act shall be deemed to have been done or taken in exercise of the powers under this Act.

Foot Note; 1. Inserted by Act XVII, 1951.

The Burma Code Volume 2: The Public Utilities Protection Act

[BURMA ACT XLI, 1947] (1st August, 1947)

It is hereby enacted as follows : —

1. This Act shall be deemed to have come into force with effect from the first day of August 1947.

2. No person shall do; any act with intent to impair the efficiency or impede the working of, or to cause damage to —

(a) any buildings, vehicle, machinery, apparatus or other property used, or intended to be used, for the purposes of Government;

(b) any railway (as defined in the Railways Act), tramway, road, canal, bridge, culvert, causeway, port, dockyard, lighthouse, aerodrome, or telegraph (as defined in the Burma Telegraph Act);

(c) any rolling-stock of a railway or tramway, any vessel or aircraft;

(d) any building or other property used in connection with the production, distribution or supply of any essential commodity, any sewage works, mine or factory.

3. The provisions of section 2 shall apply in relation to any omission on the part of a person to do anything which he is under a duty, either to Government or to any public authority or to any person, to do, as they apply to the doing of any act by a person.

4. If any person approaches, or is in the neighborhood of, any such building, place or property as is mentioned in section 2, inn circumstances which afford reason to believe that he intends to contravene that section, he shall be deemed to have attempted a contravention thereof.

5. No person shall interfere with or damage or without permission remove any stores or equipment or other property whatsoever belonging to or consigned to the Burma Forces or the Forces of a Power in alliance with the Union of Burma.

6. If any person contravenes any at the provisions of this Act, he shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.

7. Any person who attempts to contravene, or abets, or attempts to abet, or does any act preparatory to, a contravention of, any of the provisions of this Act shall be deemed to have contravened that provision.

The Burma Code Volume 2: The Requisitioning (Emergency Provisions) Act

[BURMA ACT XXXVIII, 1947] (28th July, 1947)

WHEREAS it is expedient to make provisions for requisitioning lands and premises in certain respects;

* * * *

It is hereby enacted as follows : —

1. (1) This Act may be called the Requisitioning (Emergency Provisions) Act, 1947.

(2) It shall remain in force until such date as the President of the Union may, by notification, direct that it shall cease to be in force.

2. (1) The President of the Union may by order in writing requisition any land, building, part of a building, or other premises, together with any fixtures, fittings, furniture or other things therein, or any water-supply system connected or pertaining to such land or premises, and may make such further orders as appear to the President of the Union to be necessary or expedient in connection with the requisitioning:

Provided that no land, premises or things used for the purpose of re1igious worship shall be requisitioned under this Act:

Provided also that no land, premises or things shall be requisitioned under this Act for any person who is not a public servant, or whose work or duty is not connected with the Government, or in respect of whom the Government is under no obligation to make a requisition, or who is not a representative, or a member of the diplomatic mission, of another country, or a visitor from a foreign [State].1

2(2) Where the President of the Union has requisitioned any land, premises water-supply system or thing under sub-section (1), the President of the Union may use such land, premises, water-supply system or thing in such manner as he may consider necessary or expedient, but shall have no power to dispose of any such land, premises, water-supply system or thing.

(3) The President of the Union may by order: —

(a) require the owner or occupier of any land, building, part of a building, or other premises to furnish to such authority as may be specified in the order such information in his possession relating to the land, building, part of a building, or other premises, or to any fixtures, fittings, furniture or other things therein, or to any water-supply system connected or pertaining thereto, its may be so specified;

(b) direct that such owner or occupier shall not, without the permission of the President of the Union, dispose of such land, building, or other premises, or of any fixtures, fittings, furniture, or other things therein, or of any water-supply system connected or pertaining thereto, till the expiry of such period as may be specified in the order.

(4) If any person contravenes any order made in pursuance of this section, he shall be punishable with imprisonment for a term which may extend to three years, or within fine, or within both.

3. (1) The President of the Union may by order in writing require the owner, or the person having the management, of any warehouse or cold storage depôt to place at the disposal of Government the whole or any part of the space or accommodation available in such warehouse or cold storage depôt and to employ such space or accommodation for the storage of any articles or things specified in the order and such an order may require the said owner or person to afford such facilities, and maintain such services, in respect of the storage of such articles on things, as may be specified.

(2) Whenever in pursuance of an order made under sub-section (1) any space or accommodation in a warehouse or cold storage depôt is placed at the disposal of the Government the owner of such warehouse or cold storage depôt shall be paid therefore at such rates as the President of the Union may by order made in this behalf determine.

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

2. Substituted by Act LV, 1947.

(3) If any person contravenes any order made in pursuance of this section he shall be punishable within imprisonment for a term which may extend to six months, or with fine, with both.

14. (1) The Government may cause any reasonable repair to be made to any building which is requisitioned under this Act and deduct the expenses of the repair from the rent, or otherwise recover it from the lessor.

(2) The provisions of sub-section (1) shall apply to the requisitions of the buildings made or purported to have been made under Rule 76 of the Defense of Burma Rules before the commencement of this Act, as it the said requisitions had been validly made under the provisions of this Act.

14A. The President of the Union may, by order, direct that any power-which is conferred upon him by section 2, section 3 and section 4 shall, subject to such conditions as may be specified therein, be exercised by such officer or authority as he may specify.

5. Notwithstanding anything contained in any other law, all requisitions of property or things made or purported to have been made under Rule 76 and Rule 79 of the Defense of Burma Rules before the commencement of this Act shall be deemed to have been made under the provisions of this Act, as if this Act were in force at the time the requisitions were made; and no such requisitions shall be deemed to be invalid by reason only that they were made in contravention of the provisions of the provisos to the said Rule 76 (1).

6. 2(1) Where; any property or thing is requisitioned, or is deemed to have been requisitioned, under the provisions of this Act, the owner of such property or thing shall be paid such compensation for any loss he may have sustained as a result of such requisitioning as may be fixed in accordance with the provisions of this section.

(2) In default of argument between the Government and the owner of the property, the President of the Union shall, by general or special order, specify the authority or person through which or whom any claim for compensation under ­sub-section (1) shall be submitted and the authority or person by which or whom any such claim shall be adjudged or awarded.

(3) The President of the Union may further, by general or special order, prescribe the conditions to which the authority or person responsible for adjudging or awarding claim for compensation shall have regard which determining the amount of compensation payable, and may give such supplementary orders as to the assessment and payment of compensation as may appear to him to be necessary or expedient.

3(4). No compensation shall be payable under the provisions of this section unless the owner of the property or thing, requisitioned or deemed to have been requisitioned under the provisions of this Act, submits his claim for such compensation within ninety days from the date on which the said property or thing was de-requisitioned.

46A. (1) Where any requisitioned land, building, part of a building or other premise is to be released from requisition, the President of the Union may, after­ making such inquiry, if any, as Inc considers necessary, specify by order in writing the the person to whom Possession of the said land, building, part of a building or other premise shall be given.

Foot Note: 1. Inserted by Act LV, 1947.

2. Substituted ibid

3. Inserted by Act LXXIV, 1951.

4. Inserted by Act LXXV, 1951.

(2) The delivery of possession of the requisitioned land, building, part of a building, or other premises to the person specified in an order made under sub-section (1) shall be a full discharge of the President of the Union from all liability in respect of such delivery, but shall not prejudice any rights in respect of the said land, building, part of a building or other premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the said land, building, part of a building or other premises is so delivered.

(3) Where the person to whom possession of any requisitioned land, building, part of a building or other premises is to be given cannot be found and has no agent or other person empowered to accept delivery an his behalf, the President of the Union shall cause a notice, declaring that the said land, building, part of a building or other premises is released from requisition, to be affixed on some conspicuous part of the said and, building, part of the building or other premises and publish the notice in the Gazette.

(4) When notice referred to in sub-section (3) is published in the Gazette, the land, building, part of a building or other premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof; and the President of the Union shall not be liable for any compensation or other claim in respect of the said land, building, part of a building or other premises for any period after the said date.

7. The provisions of this Act shall be deemed to supersede the provisions of all other laws in so far as the latter are inconsistent with or repugnant to the provisions of this Act.

The Burma Code Volume 2: The Unlawful Associations Act

[INDIA ACT XIV, 1908] (11th December, 1908)

1---- 14. * * * *

PART II

UNLAWFUL ASSOCIATIONS

15. In this Part—

(1) ‘‘association’’ means any combination or body of persons, whether the same be known by any distinctive name or not; and

(2) “unlawful association” means an association —

(a) which encourages or aids persons to commit acts of violence or intimida­tion or of which the members habitually commit such acts, or

(b) which has been declared to be unlawful by the President of the Union under the powers hereby conferred.

16. (1) If the President of the Union is of opinion that any association interferes or has for its object interference with the administration of the law or with the maintenance of law and order, or that it constitutes a danger to the public peace, the President of the Union may, by notification in the Gazette, declare such association to be unlawful.

17. (1) Whoever is member of an unlawful association, or takes part in meetings of any such association, or contributes or receives or solicits any contribu­tion for the purpose of any such association, or in any way assists the operations of any such association, shall be punished with imprisonment for a term [which shall not be less two years and more than three years and shall also be liable to fine] 1.

(2) Whoever manages or assists in the management of an unlawful association, or promotes or assists in promoting a meeting of any such association, or of any members thereof as such members, shall be punished with imprisonment for a term [which shall not be less than three years and more than five years and shall also be liable to fine] 1.

2(3) * * * *

17A. (I) The President of the Union may, by notification in the Gazette, notify any place which in his opinion is used for the purposes of an unlawful association.

Explanation— For the purposes of this section “place” includes a house or building, or part thereof, or a tent or vessel.

(2) The District Magistrate, or any officer authorized in this behalf in writing by the District Magistrate, may thereupon take possession of the notified place and evict therefrom any person found therein, and shall forthwith make a report of the taking possession to the President of the Union:

Provided that where such p1ace contains any apartment occupied by women or children, reasonable time and facilities shall be afforded for their withdrawal with the least possible inconvenience.

(3) A notified place whereof possession is taken under sub-section (2) shall be deemed to remain in the possession of Government so long as the notification under sub-section (1) in respect thereof remains in force.

17 B. (1) The District Magistrate, or officer taking possession of a notified place, shall also take possession of all movable property found therein and shall make a list thereof in the presence of two respectable witnesses.

(2) If, in the opinion of the District Magistrate, any articles specified in the list are or may be used for the purposes of the unlawful association, he may proceed subject to the provisions hereafter contained in this section to order such articles to be forfeited to the State.

(3) All other articles specified in the list shall be delivered to the person whom he considers to be entitled to possession thereof, or, if no such person is found, shall be disposed of in such manner as the District Magistrate may direct.

(4) The District Magistrate shall publish, as nearly as may be in the manner provided in section 87 of the Code of Criminal Procedure for the publication of a proclamation, a notice specifying the articles which it is proposed to forfeit and calling upon any person claiming that any article is not liable to forfeiture to submit in writing within fifteen days any representation he desires to make against the forfeiture of the article.

Foot Note: 1. Substituted by Act LXI, 1954.

2. Deleted ibid.

(5) Where any such representation is accepted by the District Magistrate, he shall deal with the article concerned in accordance with the provisions of sub­section (3).

(6) Where any such representation is rejected, the representation, with the decision thereon, shall be forwarded to the District Judge, in the case of a decision by a District Magistrate, and no order of forfeiture shall be made until the District Judge has adjudicated upon the representation. Where the decision is not confirmed the articles shall be dealt with in accordance with the provisions of sub-section (3).

(7) In making an adjudication under sub-section (6) the procedure to be followed shall be the procedure laid down in the Code of Civil Procedure for the investigation of claims, so far as it can be made to apply, and the decision of the District Judge shall be final.

(8) If the article seized is livestock or is of a perishable mature, the District Magistrate may, if he thinks it expedient, order the immediate sale thereof and the proceeds of the sale shall be disposed of in the manner herein provided for the disposal of other articles.

17C. Any person who enters or remains upon a notified place without the permission of the District Magistrate, or of an officer authorized by him in this behalf, shall be deemed to commit criminal trespass.

17D. Before a notification under sub-section (1) of section 17A is cancelled, the President of the Union shall give such general or special directions as he may deem requisite regulating the relinquishment by Government of possession of notified places.

17E. (1) Where the President of the Union is satisfied, after such inquiry as he may think fit, that any monies, securities or credits are being used or are intended to be used for the purposes of an unlawful association, the President of the Union may, by order in writing, declare such monies, securities or credits to be forfeited to the State.

(2) A copy of an order under sub-section (1) may be served on the person living custody of the monies, securities or credits, and on the service of such copy such person shall pay or deliver the monies, securities or credits to the order of the President of the Union:

Provided that, in the case of monies or securities, a copy of the order may be endorsed for execution to such officer as the President of the Union may select, and such officer shall have power to enter upon and search for such monies and securities in any premises where they may reasonably be suspected to be, and to seize the same.

(3) Before in order of forfeiture is made under sub-section (1) the President of the Union shall give written notice to the person (if any) in whose custody the monies, securities or credits are found of his intention to forfeit, and any person aggrieved thereby may within fifteen days from the issue of such notice file an application to the District Judge in a District to establish that the monies, securities or credits or any of them are not liable to forfeiture, and if any such application is made, no order of forfeiture shall be passed in respect of the monies, securities or credits concerned until such application has been disposed of, and unless the District Judge has decided that the monies, securities or credits are liable to forfeiture.

(4) In disposing of an application under sub-section (3) the procedure to be followed shall be the procedure laid down in the Code of Civil Procedure for the investigation of claims, so far as it can be made to apply, and the decision of the District Judge shall be final.

(5) Where the President of the Union has reason to believe that any person has custody of any monies, securities or credits which are being used or are intended to be used for the purposes of an unlawful association, the President of the Union may, by order in writing, prohibit such person from paying, delivering, transferring or otherwise dealing in any manner whatsoever with the same, save in accordance with the written orders of the President of the Union. A copy of such order shall be served upon the person to whom it is directed.

(6) The President of the Union may endorse a copy of an order under sub-section (3) for investigation to any officer he may select, and such copy shall be warrant where under such officer may enter upon any premises of the person to whom the order is directed, examine the books of such person, search for monies and securities, and make inquiries from such person, or any officer, agent or servant of such person, touching the origin of and dealings in any monies, securities or credits which the investigating officer may suspect are being used or are intended to be used for the purposes of an unlawful association.

(7) A copy of an order under this section may be served in the manner provided in the Code of Criminal Procedure for the service of a summons, or, where the person to be served is a corporation, company, bank or association of persons, it may be served on any secretary, director or other officer or person concerned with the management thereof, or by leaving it or sending it by post addressed to the corpora­tion, company, bank or association at its registered office, or, where there is no registered office, at the place where it carries on business.

(8) Where an order of forfeiture is made under sub-section (1) in respect of any monies, securities or credits in respect of which a prohibitory order has been made under sub-section (3), such order of forfeiture shall have effect from the date of the prohibitory order, and the person to whom the prohibitory order was directed shall pay or deliver the whole of the monies, securities, or credits forfeited to the order of the President of the Union.

(9) Where any person liable under this section to pay or deliver any monies, securities or credits to the order of the President of the Union refuses or fails to comply with any direction of the President of the Union in this behalf, the President of the Union may recover from such person, as arrears of land-revenue or as a fine, the amount of such monies or credits or the market value of such securities.

(10) In this section, “security” includes a document whereby any person acknowledges that he is under a legal liability to pay money, or whereunder any person obtains a legal right to the payment of money; and the market value of any security means the value as fixed by any officer or person deputed by the President of the Union in this behalf.

(11) Except so far as is necessary for the purposes of any proceeding under this section, no information obtained in the course of any investigation made under sub-section (6) shall be divulged by any officer of Government without the consent of the President of the Union.

17F. Every report of the taking possession of property and every declaration of forfeiture made, or purporting to be made under this Act, shall, as against all persons, be conclusive proof that the property specified therein has been taken possession of by Government or has been forfeited, as the case may be, and save as provided in sections 17B and 17E no proceeding purporting to be taken under section 17A, 17B, 17C, 17D or 17E shall be called in question by any Court, and no civil or criminal proceeding shall be instituted against any person for anything in good faith done or intended to be done under the said sections or against Government or any person acting on behalf of or by authority of Government for any loss or damage caused to or in respect of any property whereof possession has been taken by Government under this Act.

18. An association shall not be deemed to have ceased to exist by reason only of any formal act of dissolution or change of title, but shall be deemed to continue so long as any actual combination for the purposes of such association continues between any members thereof.

The Burma Code Volume 2: The Works of Defence Act

CONTENTS

PART I

PRELIMINARY

Sections.

1. * * * *

2. Definitions.

PART II

IMPOSITION OF RESTRICTIONS

3. Declaration and notice that restrictions will be imposed.

4. Power to do preliminary acts after publication of notice nuder section 3, sub-section (2).

5. Payment for damage.

6. Futher powers exercisable after publication of notice under section 3, sub-section (2).

7. Restrictions.

8. Land to be marked out, measured, registered and planned.

9. Notice to persons interested.

10. Power to require and enforce the making of statements as to names and interests.

11. Application of certain sections of the Penal Code.

12. Inquiry and award by Collector.

13. Award of Collector when to be final.

14. Adjournment of inquiry.

15. Power to summon and enforce attendance of witnesses and production of docuunents.

16. Matters to be considered and neglected.

17. Supplementary proceedings.

PART III

REFERENCE TO COURT AND PROCEDURE THEREON

18. Reference to Court.

19. Collector’s statement to the Court.

20. Service of notice.

21. Restriction on scope of proceedings.

22. Proceedings to be in open Court.

23. Matters to be considered in determining compensation.

24. Matters not to be considered in determining compensation.

25. Rules as to amount of compensation.

26. Form of award.

27. Costs.

28. Collector may be directed to pay interest on excess compensation.

PART IV

APPORTIONMENT OF COMPENSATION

29. Particulars of apportionment to be specified.

30. Dispute as to apportionment.

PART V

PAYMENT

31. Payment of compensation or deposit of same in Court.

32. Investment of money deposited in respect of lands belonging to persons incompetent to alienate.

33. Investment of money deposited in other cases.

34. Payment of interest.

PART VI

MISCELLANEOUS

35. Service of notices.

36. Penalties.

37. Magistrate to enforce the terms of the Act.

38. Completion of imposition of restrictions not compulsory, but compensation to be awarded when not completed.

39. Demolition of part of house or building and impositions of restrictions on part of land.

40. Exemption from stamp-duty and fees.

41. Notice in case of suits for anything done in pursuance of Act.

42. Code of Civil Procedure to apply to proceedings before Court.

43. Appeals in proceedings before Court.

44. Power to make rules.

THE WORKS OF DEFENCES ACT

[INDIA ACT VII, 1903] (20th March, 1903)

WHEREAS it is expedienit to provide for imposing restrictions upon the use and enjoyment of land in the vicinity of works of defence in order that such land may be kept free from buildings and other obstructions, and for determining the amount of compensation to be made on account of such imposition; it is hereby enacted as follows : —

PART I

PRELIMINARY

1. * * * *

2. In this Act, unless there is something repugnant in the subject or context, —

(a) the expression “land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth :

(b) the expression ‘‘person interested” includes all persons claiming an interest in compensation to be made on account of the imposition of restrictions upon the use and enjoyment of land under this Act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land:

(c) * * * *

(d) * * * *

(e) the expression “Commanding Officer” means the officer for the time being in command of a work of defence:

(f) the expression “Collector” includes any officer specially appointed by the President of the Union to perform the functions of a Collector under this Act :

(g) the expression “Court” means a principal civil Court of original jurisdiction, unless the the President of the Union has appointed (as he is hereby empowered to do) a special judicial officer within any specified local limits to perform the functions of the Court under this Act:

(h) “maintain”, with its grammatical variations and cognate expressions, does not, when used in relation to a house or other construction, include the doing of any act necessary for keeping such house or construction, until the making of the award referred to in section 12 or until the exercise, prior to the making of the award, of the powers of demolition conferred, in case of emergency, by section 6, sub-sections (1) and (3), in the state in which it was at the time of the publication of the notice referred to in section 3, sub-section (2) :

(i) the following persons shall be deemed “entitled to act” as and to the extent hereinafter provided, that is to say, —

trustees for other persons beneficially interested shall be deemed the persons entitled to act with reference to any case, and that to the same extent as the persons beneficially interested could have acted if free from disability :

a married woman, in cases to which the English law is applicable, shall be deemed the person so entitled to act, and whether of full age or not, to the same extent as if she were unmarried and of full age: and

the guardians of minors and the committees or managers of lunatics or idiots shall be deemed respectively the persons so entitled to act, to the same extent as the minors, lunatics or idiots them­selves, if free from disability, could have acted :

Provided that —

(i) no person shall be deemed ‘‘entitled to act’’ whose interest in the suhject-matter is shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act :

(ii) in every case the person interested may appear by a next friend or, in default of his appearance by a next friend, the Collector or Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof :

(iii) the provisions of Order XXXII of the Code of Civil Procedure shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act; and

(iv) no person “entitled to act” shall be competent to receive the compensa­tion money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land upon the use and enjoyment of which restrictions are to be imposed and receive and give a good discharge for the purchase money on a voluntary sale.

PART II

IMPOSITION OF RESTRICTIONS

3. (1) Whenever it appears to the President of he Union that it is necessary to impose restrictions upon the use and enjoyment of land in the vicinity of any such work of defence or of any siste intended to be used or to be acquired for any such work, in order that such land may be kept free from building and other obstructions, a devlaration shall be made to that effect.

(2) The said declaration shall be published in the Gazette and shall state the district or other territorial division in which the land is situate and the place where a sketch plan of the land, which shall distinguish the boundaries referred to in section 7, may be inspected; and the Collector shall cause public notice of the substance of the said declaration to be given at convenient place in the locality.

(3) The said declaration to be conclutive proof tha it is necessary to keep the land free from buildings and other obstructions.

4. It shall be lawful for such officer as the President of the Union may, by general or special order, authorize in this behalf, and for his servants and workmen, at any time after publication of the notice mentioned in section 3, sub-section (2), to enter upon and survey and take levels of any land in such locality, to dig or bore into the sub-soil, to do all othe acts necessary to ascertain whether the land, to set out the boundaries of the land upon the use and enjoyment of which restrictions are to be imposed, or of any part of such land, to mark such levels, boundaries and line by placing marks and cutting trends, and, where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle:

Provided that no person shall enter into any building or upon any enclesed court or garden attached to a dewelling-house (unless with consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so.

5. The officer so authorized shall at the time of such entry pay or tender payment for all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector, and such decision shall be final.

6. (1) Whenever a declaration has been made and public notice thereof has been given under section 3, it shall, subject to the provisions of sub-sections (2) to (4) be lawful for such officer as the President of the Union may, by general or special order, authorize in this behalf, and for his servants and workmen, to enter and demolish any buildings or other constructions on the surface, to cut down or grab up all or any of the trees, to remove or alter all or any of hte banks, fences, hedges and ditches, to make underground and other drains, to fill up all excavations, and demolish all buildings and other constructions below the surface, and clearing the same as he may deem necessary or proper, but in such manner nevertheless that evidence of boundaries of the held by different owners may be preserved.

(2) The powers conferred by sub-section (1) shall not be exercised, ----

(a) save as otherwise provided by sub-section (3), before the making of the award hereinfater referred to in section 12, nor

(b) save as otherwise provided by sub-section (4), after the expiration of six months from the making of the said award, or any shorter period on the expiration of which the officer exercising such powers gives notice to the Collector that there will be no further exercise of them.

(3) In case of emergency, the President of Union may, by notification in the Gazette, declare that all or any powers conferred by sub-section (1) may be exercised at any time within six months after the publication of the notice referred to in section 3, sub-section (2), and such powers may be exercised accordingly, and the said notifica­tion shall be conclusive proof of emergency.

(4) Nothing in sub-section (2) shall be deemed to preclude any such officer or his servants or workmen from exercising at any time the said powers for the purpose of removing, wholly or in part, any building or other obstruction maintained, created, added to, altered, planted, stacked, stored or otherwise accumulated in contravention of this Act or of any rule or order made thereunder or of any condition prescribed in accordance therewith.

7. From and after the publication of the notice mentioned in section 3, sub­section (2), such of the following restrictions as the President of the Union may in his discretion declare therein shall attach with reference to such land, namely:—

(a) Within an outer boundary which, except so far as is otherwise provided in section 39, sub-section (4), may extend to a distance of two thousand yards from the crest of the outer parapet of the work,—

(i) no variation shall be made in the ground-level, and no building, wall, bank or other construction above the ground shall be maintained, erected, added to or altered otherwise than with the written approval of the General Officer Commanding the Forces in the Union of Burma and on such conditions as he may prescribe;

(ii) no wood, earth, stone, brick, gravel, sand or other material shall be stacked, stored or otherwise accumulated:

Provided that, with the written approval of the General Officer Com­manding the Forces in The Union of Burma and on such conditions as he may prescribe, road- ballast, manure and agricultural produce may be exempted from the prohibition:

Provided, also that any person having control of the land as owner, lessee or occupier shall be bound forthwith to remove such road-ballast, manure or agricultural produce, without compensation, on the requisition of the Commanding Officer;

(iii) no surveying Operation shall be conducted otherwise than by or under the personal supervision of a public servant duly authorized in this behalf, in the case of land under the control of military authority, by the Commanding Officer and, in other cases, by the Collector with the concurrence of the Commanding Officer; and

(iv) where any building, wall, bank or other construction above the ground has been permitted under clause (i) of this sub-section to he maintained, erected, added to or altered, repairs shall not without the written approval of the General Officer Commanding the Forces in the Union of Burma be made with materials different in kind from those employed in the original building, wall, bank or other construction.

(b) Within a second boundary which may extend to a distance of one thousand yards front the crest of the outer parapet of the work, the restrictions enumerated in clause (a) shall apply with the following additional limitations, namely : —

(i) no building, wall, bank or other construction of permament materials above the ground shall be maintained or erected:

Provided that, with the written approval of the General Officer Command­ing the Forces in the Union of Burma and on such conditions as he may prescribe, hunts, fences and other constructions of wood or other materials easily destroyed or removed may be maintained, erected, added to or altered:

Provided, also, that any person having control of the land as owner, lessee or occupier shall be bound forthwith to destroy or remove such huts, fences or other constructions, without comnpensation, upon an order in writing signed by the General Officer Commanding the Forces in Burma ; and

(ii) live hedges, rows or clumps of trees or orchards shall not be maintained, planted, added to or altered otherwise than with the written approval of the General Officer Commanding the Forces in the Union of Burma and on such conditions as he may prescribe.

(c) Within a third boundary which may extend to a distance of five hundred yards from the crest of thie outer parapet of the work, the restrictions enumerated in clauses (a) and (b) shall apply with the following additional limitation, namely: —

no building or other construction on the surface, and no excavation, building or other construction below the surface, shall be maintained or erected:

Provided that, with the written approval of the Commanding Officer and on such conditions as he may prescribe, open railings and dry brush-wood fences may be exempted from this prohibition.

8. As soon as may be after the publication of the declaration aforesaid, the Collector shall cause the land to be marked out and measured, and shall also prepare a register and a detailed plan, which shall be on a scale not smaller than six inches to the mile, showing accurately every building, tree and other obstruction.

9. (1) At any time before the expiration of —

(a) the period of eighteen months from the publication of the declaration referred to in section 3, or

(b) such other period not exceeding three years from the said publication as the President of hte Union may, by notification in the Gazette, direct in this behalf,

the Collector shall cause public notice to be given at convenient places on or near the land, stating the effect of the said declaration and that claims to compensation for all interests in such land affected by anything done or ordered in pursuance of such declaration may be made to him:

Provided that, where anything has been done in exercise of the powers conferred, in case of emergency, by section 6, sub-section (3), the notice prescribed by this section shall be given as soon as may be thereafter.

(2) Such notice shall state the particulars of any damage ordered to be done or, in the case referred to in section 6, sub-section (3), done in exercise of any of the powers conferred by the said section, and the particulars of any restrictions attaching to the land under section 7, and shall require all persons interested in the land to appear personally or by agent before the Collector at a time and place therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice), and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for damage to such interests and their objections (if any) to the measurements made under section 8. The Collector may in any case require such statement to be made in writing and signed by the party or his agent.

(3) The Collector shall also serve notice to the same effect out the occupier (if any) of such land and on all such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside or have agents authorized to receive service on their behalf, within the revenue-district in which the land is situate.

(4) In case any person so interested resides elsewhere, and has no such agent, the notice shall be sent to him by post in a letter addressed to him at his last known residence, address or place of business.

10. The Collector may also require any such person to make or deliver to him, at a time and place mentioned (such time not being earlier than fifteen days after the date of the requisition), a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits (if any) received or receivable on account thereof for three years next preceding the date of the statement.

11. Every person required to make or deliver a statement under section 9 or section 10 shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Penal Code.

12. On the day fixed under section 9, or on any other day to which the inquiry has been adjourned, the Collector shall proceed to inquire into the objections (if any) which any person interested has stated pursuant to a notice given under the said section to the measurements made under section 8, and into the decrease in the value of the land, and into the respective interests of the persons claiming the compensation, and shall make an award under his hand of —

(a) the true area of the land and the nature of the obstructions from which the land is to be kept free;

(b) the compensation which in his opinion should be allowed for any damage caused or to be caused under section 6 and for any restrictions imposed under section 7 ; and

(c) the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom or of whose claims he has information, whether they have respectively appeared before him of not.

13. (1) Such award shall be filed in the Collector’s office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area of the land, the nature of the said obstructions, from which the land is to be kept free, the damage caused or to be caused under section 6, the value of the rights restricted under section 7, and the apportionment of the compensation among the persons interested.

(2) The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made.

14. The Collector may, for any cause he thinks fit, from time to time adjourn the inquiry to a day to be fixed by him.

15. For the purpose of inquiries under this Act the Collector shall have power to summon and enforce the attendance of witnesses, in cluding the parties interested or any of them, and to compel the production of documents, by the same means, and (so far as may be) in the same manner, as is provided in the case of a civil Court under the Code of Civil Procedure.

16. In determining the amount of compensation, the Collector shall be guided by the provisions contained in sections 23 and 24.

17. Whenever the officer exercising the powers conferred by section 6 considers it necessary that anything in respect of which any person is or may be entitled to compensation, but of which no notice has been given or compensation awarded, under sections 9 and 12, respectively, should be done in pursuance of the said powers, the Collector shall cause supplementary notice to be given, as nearly as may be, in the manner prescribed by section 9 and subject to the limit of time imposed by sub-sectiomm (1) of that section, and the provisions of sections 10 to 16 shall, so far as they are applicable, be deemed to apply to any further inquiry and award which may be held or made in consequence of such supplememmtary notice.

PART III

REFERENCE TO COURT AND PROCEDURE THEREON

18. (1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measure­ment of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested:

Provided that every such application shall be made,—

(a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector’s award;

(b) in other cases, within six weeks of the receipt of the notice from the Collector under section 13, sub-section (2), or within six months from the date of the Collector’s award, whichever period shall first expire.

(2) The application shall state the grounds on which objection to the award is taken.

19. (1) In making the reference the Collector shall state for the information of the Court, in writing under his hand,—

(a) the situation and extent of the land with particulars of any damage caused under section 6 or of restrictions imposed under section 7;

(b) the names of the persons whom he has reason to think interested in such land;

(c) the amount of compensation awarded under section 12; and

(d) if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined.

(2) To the said statement shall be attached a schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by, the parties interested respectively.

20. The Court shall thereupon cause a notice specifying the day on which the Court will proceed to determine the objection, and directing their appearance before the Court on that day, to be served on the following persons, namely : —

(a) the applicant;

(b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and
(c) if the objection is in regard to the area of the land, the nature of the obstructions or the amount of the compensation, the Collector.
21. The scope of the inquiry in every such proceeding shall be restricted to a consideration of the interests of the persons affected by the objection.

22. Every such proceeding shall take place in open Court and all persons entitled to practice in any civil Court in the Union of Burma shall be entitled to appear, plead and act, as the case may be, in such proceeding.

23. (1) In determining the amount of compensation to be awarded for damage caused, or to be caused, or for restrictions imposed under this Act, the Court shall take into consideration :—

(a) the actual decrease in market-value of the hand owing to the publication of the declaration relating thereto under section 3 and any damage caused or to be caused under section 6;

(b) the damage sustained by the person interested by reason of the removal of any standing crops in the exercise of any power conferred by section 6;

(c) the damage (if any) sustained by the person interested by reason of ceasing to be able to use such land conjointly with his other land;

(d) the damage (if any) sustained by the person interested by anything done or ordered under sections 6 and 7 injuriously affecting his other pro­perty, moveable or immoveable, in any other manner, or his earnings; and

(e) if, in consequence of the imposition of restrictions, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change.

(2) In addition to the amount representing the actual decrease in the market­-value of the land as above provided, the Court shall in every case award a further sum of fifteen per centum on such amount.

24. In determining the amount of compensation to be awarded for damage caused, or to be caused, or for restrictions imposed under this Act, the Court shall not take into consideration —

(a) the degree of urgency which has led to the damage or the imposition of restrictions;

(b) any disinclination of the person interested to submit to damage or restric­tions;

(c) any damage sustained by him which, if caused by a private person, would not render such person liable to a suit;

(d) any increase to the value of the other land of the person interested accruing or likely to accrue from anything done under this Act; or

(e) any outlay or improvements on, or disposal of, the land commenced, made or effected without the sanction of the Collector after the date of the publication of the declaration under section 3.

25. (1) When the applicant has made a claim to compensation, pursuant to any notice given under section 9, the amount awarded to him by the Court shall not exceed the amount so claimed or be less than the amount awarded by the Collector under section 12.

(2) When the applicant has refused to make such claim or has omitted without sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded by the Court shall in no case exceed the amount awarded by the Collector.

(3) When the applicant has omitted for a sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded to him by the Court shall not be less than, and may exceed, the amount awarded by the Collector.

26. Every award under this Part shall be in writing signed by the Judge and shall specify the amount awarded under section 23, sub-section (1), clause (a), and also the amounts (if any) respectively awarded under each of the other clauses of the same sub-section, together with the grounds of awarding each of the said amounts.

27. (1) Every such award shall also state the amount of costs incurred in the proceedings under this Part, and by what persons and in what proportion they are to be paid.

(2) When the award of the Collector is not upheld, the costs shall ordinarily be paid by the Collector, unless the Court is of opinion that the claim of the applicant was so extravagant or that he was so negligent in putting his case before the Collector that some deduction from his costs should be made or that he should pay a part of the Collector’s costs.

28. If the sum which, in the opinion of the Court, the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation, the Court may direct that the Collector shall pay interest on such excess at the rate of six per centum per annum from the date of his award to the date of payment of such excess into Court.

PART IV

APPORTIONMENT OF COMPENSATION

29. Where there are several persons interested, if such persons agree in the apportionment of the compensation, the particulars of such apportionment shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment.

30. Where the amount of compensation has been settled under section 12, if any dispute arises as to the apportionment of the same or any part thereof or as to the persons to whom the same or any part thereof is payable, the Collector may refer such dispute to the decision of the Court.

PART V

PAYMENT

31. (1) On making an award under section 12, the Collector shall tender paynment of the compensation awarded by him to the persons interested entitled thereto according to the award, and shall pay it to them unless prevented by some one or more of the contingencies mentioned in sub-section (2).

(2) If they do not consent to receive it, or if there is no person competent to alienate the land, or if there is any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Court to which a reference under section 18 would be submitted:

Provided, first, that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount:

Provided, secondly, that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 18:

Provided, thirdly, that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto.

(3) Notwithstanding anything in this section, the Collector may, with the sanction of the President of the Union, instead of awarding a money commpensation in respect of any land, make any arrangement with a person having a limited interest in such land, either by the grant of other lands in exchange, or by the remission of land-revenue on the same or on other lands held under the same title, or in such other way as may be equitable having regard to the interests of the parties concerned.

(4) Nothing in sub-sectiomm (3) shall be construed to interfere with or limit the power of the Collector to enter into any arrangement with any person interested in the land and competent to contract in respect thereof.

32. (1) If any money is deposited in Court under section 31, sub-sectioum (2), and it appears that the land in respect of which the same was awarded belonged to any person who had no power to alienate the same, the Court shall order the money to be invested ——

(a) in the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money was deposited is held, or,

(b) if such purchase cannot be effected forthwith, then in such Government or other approved securities as it thinks fit;

and shall direct the payment of the interest or other proceeds arising from such investment to the person or persons who would for the time being have been entitled to the posession of the said land, and such moneys shall remain so deposited and invested and the same are applied —

(i) in the purchase of such other lands as aforesaid; or

(ii) in payment to any person or persons becoming absolutely entitled thereto.

(2) In all cases of moneys deposited to which this section applies, the Court shall order the costs of the following matters, including therein all reasonable charges and expenses incident thereto, to be paid by the Collector, namely: —

(a) the costs of such investments as aforesaid

(b) the costs of the orders for the payment of the interest or other proceeds of the securities in which such moneys are for the time being invested, and for the payment out of Court of the Principal of such moneys and the costs of all proceedings relating thereto, except such as may be occasioned by litigation between adverse claimants.

33. If any money is deposited in Court under this Act for any cause other than that mentioned in section 32, the Court may, on time application of any party interested or claiming an interest in such money, order the same to be invested in such Government or other approved securities as it thinks fit, and may direct the interest or other proceeds of any such investment to be accumulated and paid in such manner as will, in its opinion, give the parties interested therein the same benefit therefrom as they might have had from the land in respect of which such money was deposited or as near thereto as may be.

34. When the amount of any compensation awarded under this Act is not paid or deposited within fifteen days of making the award, the Collector shall pay the amount awarded within interest thereon at the rate of six per centum per annum from the date of the award untll it is so paid or deposited.

PART VI

MISCELLANEOUS

35. (1) Service of any notice under this Act shall be made by delivering or tendering a copoy thereof signed, in the case of a notice under section 3, sub-section (2), by the officer therein mentioned, and, in the case of any other notice, by or by order of the Collector or the Judge.

(2) Whenever it may be practicable, the service of the notice shall be made on the person therein named.

(3) When such person cannot be found, the service may be made on any adult male member of his family residing within him; and, if no such adult male member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the Collector or in the Court-house and also in some conspicuous part of the land upon which restrictions are to be imposed :

Provided that, if the Collector or Judge so directs, a notice may be sent by post in a letter addressed to the person named therein at his last known residence address or place of business and service of it may be proved by the production of the addressee’s receipt.

36. Whoever wilfully —

(a) obstructs any person in doing any of the acts authorized by section 4, section 6 or section 8, or

(b) destroys, damages, alters or otherwise interferes with the ground-level or any work done under section 6, or

(c) contravenes any of the provisions of section 7 or any condition prescribed thereunder,

shll be punishable with imprisonment for a term which may extend to one month or with fine which may extend to fifty rupees, or with both, and, in the case of a continuing offence, within an additional fine which may extend to five rupees for every day after the first in regard to which he is convicted of having percisted in the offence; and any expenses incurred in removing the effects of his offence may be recovered from him in the manner provided by the law for the the being in force for the recovery of fines.

37. If the Collector or officer authorized under section 6 is opposed or impeded in doing anything directed or permitted by this Act, he shall, if a Magistrate, enforce compliance, and, if not a Magistrate, he shall apply to a Magistrate or (within Rangoon) to the Commissioner of Police, and such Magistrate or Commissioner (as the case may be) shall enforce compliance.

38. (1) The President of the Union shall be at liberty to withdraw from the imposition of any declared restrictions before any of the measures authorized by section 6 have been taken.

(2) Whenever the President of the Union withdraws the imposition of any declared restric­tions, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act relating to the said restrictions.

(3) The Provisions of Part III shall apply, so far as may be, to the determination of the compensation payable under this section.

39. (1) The provisions of this Act shall not be put in force for the purpose of demolishing or acquiring the right to demolish a part only of any house, manufactory or other building, if the owner desires that the whole of such house, manufactory or building shall be demolished or that the right to demolish the whole of it shall be acquired:

Provided that the owner may at any time before the Collector has made his award under section 12, by notice in writing, withdraw or modify his expressed desire that the whole of such house, manufactory or building shall be demolished, or that the right to demolish the whole of it shall be acquired:

Provided, also, that, if any question shall arise as to whether any building or other construction proposed to be demolished under this Act does or does not form part of a house, manufactory or building within the meaning of this section, the Collector shall refer the determination of such question to the Court, and such building or other construction shall not be demolished until after the question has been determined.

In deciding on such a reference the Court shall have regard to the question whether the building or other construction proposed to be demolished is reasonably required for the full and unimpaired use of the house, manufactory or building. –

(2) If, in the case of any claim of the kind referred to in section 23, sub-section (1), clause (c), by a person interested, on account of ceasing to be able to use the land, upon the use and enjoyment of which restrictions are to be imposed, conjointly with his other land, the President of the Union is of opinion that the claim is unreason­able or excessive, he may, at any time before the Collector has made his award, order the imposition of restrictions upon the whole of the land of which the land upon the use and enjoyment of which it was first sought to impose restrictions forms a part.

(3) In the case provided for by sub-section (2) no fresh declaration or other proceeding under sections 3 to 10 shall be necessary; but the Collector shall without delay furnish a copy of the order of the President of the Union to the person interested, and shall thereafter proceed to make his award under section 12.

(4) Notwithstanding anything contained in section 7, clause (a), any land, upon the use and enjoyment of which restrictions are imposed under this section, may be included in the outer boundary, even though its distance from the crest of the outer parapet of the work exceeds two thousand yards.

40. No award or agreement made under this Act shall be chargeable with stamp-duty, and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.

41. No suit or other proceeding shall be commenced or prosecuted against any person for anything done in pursuance of this Act, without giving to such person a month’s previous notice in writing of the intended proceeding, and of the cause thereof, nor after tender of sufficient amends.

42. Save in so far as they may be inconsistent with anything contained in this Act, the provisions of the Code of Civil Procedure shall apply to all proceedings before the Court under this Act.

43. Subject to the provision of the Code of Civil Procedure applicable to appeals from original decrees, an appeal shall he to the High Court from the award or from any part of the award of the Court in any proceeding under this Act.

44. (1) The President of the Union may make rules for the guidance of officers in all matters connected with the enforcement of this Act.

(2) The power to make rules under sub-section (1) shall be subject to the condition of the rules being made after previous publication.

(3) All rules made under sub-section (1) shall be published in the Gazette, and shall thereupon have effect as if enacted in this Act.

The Burma Code Volume 3: The Burma Excise Act

THE BURMA EXCISE ACT.

CONTENT.

CHAPTER I.

PRELIMINARY AND DEFINITIONS

Sections.
1. * * * *
2. Definitions.
3. The President to declare what shall be deemed to be " country alcoholic liquor " and "foreign alcoholic liquor" respectively.
4. Powers conferred by the Act may be exercised wholly or partially. 5, Power of President to exempt persons and excisable articles from the provisions of the Act.
Saving of enactments.

CHAPTER II.
ESTABLISHMENT AND CONTROL

6. President's powers of appointment and control

CHAPTER III.
IMPORT, EXPORT AND TRANSPORT.

Sections.
7. Restriction on import, export or transport.
8. Power to prohibit import, export or, transport.
9. Passes to import, export or transport.
10. Passes granted by Collector.

CHAPTER IV.
MANUFACTURE, POSSESSION AND SALE.

11. Hemp cultivation prohibited.
12. Unlicensed manufacture. etc., prohibited.
13. Unlicensed possession or use, etc., of hypodermic syringes prohibited.
14. Establishment of distilleries, breweries and warehouses.
15. Payment of duly on removal from distillery, brewery or place of storage.
16. Possession of excisable articles generally.
17. Prohibition of possession of excisable article unlawfully manufactured. import-ed, etc.
18. Prohibition of sale without licence.
19. Grant of exclusive privileges as regards country alcoholic liquor.
20. Manufacture and sale in cantonments.
21. Licensees to keep weights, etc., and to test articles as required.
22. Prohibition of employment of persons under the age of sixteen years and of women.
23. Closing of shops for the sake of public peace.

CHAPTER V.
DUTIES AND FEES.

24. Duty on excisable articles.
25. Ways of imposing duty.
26. Rate of duty on issue from bond.
27. Payment for monopoly.

CHAPTER VI.
LICENCES, PERMITS AND PASSES.

Sections.
28. Power to cancel or suspend licences.
29. Further power to withdraw licences.

CHAPTER VII.
OFFENCES AND PENALTIES.

30. Penalties for illegal import, etc., of excisable articles.
31. Penalty for illicit distillation.
32. * * * *
33. Penalty for offences in relation to hypodermic syringes.
34. Penalty for altering or attempting to alter denatured spirit.
35. Presumption as to offence under section 34 in certain cases.
36. Presumption as to any spirit which contains any denaturant.
37. Penalty for possession of excisable article.
38. Penalty for keeping or knowingly permitting the keeping of place for selling alcoho-lic liquor or intoxicating drug.
39. For offences not otherwise provided for.
40. Penalty for certain unlawful acts of licensed vendors.
41. Penalty for misconduct by licensees, etc.
42. Penalty for consumption in chemist's shop, etc.
43. Attempts and abetments to commit offences.
44. Presumption as to commission of offence in certain cases.
45. Liability of licence-holder for acts of employee or agent.
46. Enhanced punishment after previous conviction.
47. Things liable to confiscation.
48. Confiscation how ordered.
49. Power to compound offences.
50. For Excise-officer refusing to do duty.

CHAPTER VIII.
DETECTION, INVESTIGATION AND TRIAL OF OFFENCES.

51. Duty of owners, etc., to give information.
52. Duty of officers to report and assist Excise-officer.
53. Power of entry and inspection.
54. Powers of arrest and seizure.
55. Power to issue a warrant for arrest or search.
56. Power to search without a warrant.
57. Powers of Excise-officers in matters of investigation.
58. Report by investigating officer.
59. Report by Excise-officer.
60. Arrests, searches, etc., how to be made.
61. Security for appearance in case of arrest without warrant.
61A. Person arrested or ordered to give security to allow photograph or finger and thumb impressions to be taken.
61B. Procedure in case of resistance or refusal to allow taking of same.
62. Magistrate having jurisdiction to try offences.
63. Prosecution restricted.
64. Security for abstaining from committing offence on conviction.
64A. Power to demand security.

CHAPTER IX.
MISCELLANEOUS.

65. Power to make rules.
66. Publication of rules and notifications.
67. Recovery of Government dues.
67A. Recovery of penalty on breach of condition of bond.
68. Bar of actions.
69. Time within which prosecutions may be instituted.

----------------------------------------

THE BURMA EXCISE ACT.
[BURMA ACT V, 1917.] (1st October, 1917,)

CHAPTER I.
PRELIMINARY AND DEFINITIONS.

1. * * * *
2. In this Act, unless there is something repugnant in the subject. or Definitions. context,_
(a) "alcoholic liquor" means all liquid containing more than 2 per cent, of alcohol by volume, also unfermented tari and any substance which the President of the Union may, by notification, declare to be alcoholic liquor for the purposes of this Act;
(b) "beer" includes ale, stout, porter and other alcoholic liquors prepared by fermentat-ion and usually made from malt, and also such other alcoholic liquors as may be declared by the President of the Union to be beer for the purposes of this Act;
(c) "to bottle" means to transfer liquor from a cask or other vessel to a bottle, jar, flask, or similar receptacle whether any process of manufacture is employed or not, and includes to re-bottle ;
(d) * * * . *
(e) "denatured" means rendered unfit for human consumption in such manner as may be prescribed by rule made in this behalf under section 65, sub-section (2), clause (1) ;
(f) "excisable article" means any alcoholic liquor or intoxicating drug as defined by or under this Act ;
(g) "Excise-officer" means any person or officer appointed or invested with powers under this Act ;
(h) "excise-revenue" means revenue derived or derivable from any duty, fee, tax, composit-ion, penalty, payment, or confiscation imposed or ordered under the provisions of this Act or of any other law for the time being in force relating to alcoholic liquor or intoxicating drugs ; but does not include a fine imposed by a Court of law ;
(i) "export" means to take out of the Union of Burma ;
(j) * * * *
(k) "import" means to bring into the Union of Burma ;
(l) "intoxicating drug" mean
(i) the leaves, small stalks and flowering or fruiting tops of the Indian hemp plant (Cannabis Sativa, L.), including all forms known as bhang, siddhi or ganja ;
(ii) charas, that is, the resin obtained from the Indian hemp plant, which has not been submitted to any manipulations other than those necessary for packing and transport ;
(iii) any mixture, with or without neutral materials, of any of the above forms of intoxicating drug, or any drink prepared therefrom ; and
(iv) any other intoxicating or narcotic substance [or any fermenting agent]1 which the President of the Union may, by notification, declare to be an intoxicating drug, such substance [or agent] 1 not being opium, coca-leaf, or a manufact-ured drug, as defined in section 2 of the Dangerous Drugs Act ;
(m) "manufacture". includes-‑
(i) every process, whether natural or artificial, by which any excisable article is produced or prepared (including the tapping of tari producing trees and the drawing of tari from trees) ;
(ii) redistillation ; and
(iii) every process for the rectification, flavouring, blending or colouring of alcoholic liquor ;
(n) "medical practitioner " means
(i) any person possessed of qualifications which render him eligible for registration under the Medical Act, 1858, and any Act of [Parliament of the United Kingdom of Great Britain and Ireland]2 amending the same, or under any law for the registra­tion of medical practitioners for the time being in force in any part of the Union of Burma, or
(ii) any dentist possessed of qualifications which render him eligible for registration as a dentist under the Dentists' Act, 1878, and any Act of Parliament of the United Kingdom of Great Britain and Ireland amending the same, or
(iii) any other person engaged in medical or dental practice, licensed as a medi-cal practitioner for the purposes of this Act by the Excise Commissioner;
(o) "place" includes a building, shop, tent, enclosure, booth, vehicle, vessel and raft ;
(p) expressions referring to "sale" include any transfer otherwise than by way of gift;
(q) "spirit" means any alcoholic liquor containing alcohol obtained by distillation ;
(r) "taxi" means the sap or juice whether fermented or unfermented of any kind of palm tree;
(s) "transport" means to move between places within the Union of Burma ;
(t) "veterinary practitioner" means a person holding a veterinary diploma or certifi-cate recognized by the President of the Union in this behalf.
3. The President of the Union may, by notification, declare what, for all or any of the purposes of this Act, shall be deemed to be "country alcoholic liquor" and "foreign alcoholic liquor" respectively.

4. All powers conferred by this Act on the President of the Union may be exercised, wholly or partially, with respect either to the whole of the Union of Burma or to any local area, as regards persons generally or any specified class of persons or any specified indivi-dual, and as regards excisable articles generally or any specified excisable article or different strengths and qualities of the same excisable article, and as regards manufacture generally or any specified method of manufacture, and as regards cultivation, possession and sale of any excisable article.

5 (1) Subject to such conditions as he may prescribe, the President of the Union may, by notification, exempt any person or any excisable article ' from the provisions of this Act 1.

1 Inserted by Act LXXIII, 1953.
2 Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

(2) Save as provided by the Schedule, nothing contained in this Act shall affect the provisions of the Sea Customs Act, or the Cantonments Act, or the Burma Tariff Act.

CHAPTER II.

ESTABLISHMENT AND CONTROL.

6. The President of the Union may by notification
(a) appoint an officer, hereinafter referred to as the Excise Commissioner, who shall, subject to the orders of the President of the Union, have the control of the administration of the Excise department and of the collection of the excise-revenue ;
(b) appoint any person or officer other than the Collector to exercise all or any of the powers and to perform all or any of the duties of a Collector under this Act, either concurrently with, in subordination to or to the exclusion of the Collector, subject to such control as the President of the Union may direct ;
(c) appoint officers of the Excise department of such classes and with such designations, powers and duties under this Act as he may think fit ;
(d) order that all or any of the powers and duties assigned to any officer under clause (c) shall be exercised by any Government officer or any person ;
(e) delegate to the Financial Commissioner, to a Commissioner or to the Excise Commissioner all or any of his powers under this Act ;
(f) permit the delegation subject to such conditions as he may think fit by the Financial Commissioner, by a Commissioner, by the Excise Commissioner or by a Collector of any powers conferred on him or them by this Act or exercised in respect of excise-revenue under any Act for the time being in force ;
(g) declare in what cases or classes of cases and to what authorities appeals shall lie from orders, whether original or appellate, passed under this Act and by what authorities such orders may be revised, and prescribe the time for and manner of presenting and the procedure for dealing with appeals and revisions.

CHAPTER III.
IMPORT, EXPORT AND TRANSPORT.

7. No excisable article shall be imported, exported or transported, except —
(a) after payment of any customs or excise duty to which it may be liable or execution of a bond for such payment ; and
(b) on compliance with such conditions as the President of the Union may impose.

8. The President of the Union may, by notification, prohibit the transport and the import or export of any excisable article.
9. No excisable article exceeding such quantity as the President of the Union may prescribe by notification shall be imported, exported or, transported, except under a pass issued under the provisions of section 10 :

Provided that in the case of duty-paid foreign alcoholic liquor such passes shall be dispensed with unless the President of the Union shall by notification otherwise direct.

10. Save in respect of such excisable articles as the Excise Commissioner may prescribe by notification, passes for the import, export or transport of excisable articles may be granted by the Collector

CHAPTER IV

MANUFACTURE, POSSESSION AND SALE.

11. No person shall cultivate or collect the hemp plant (Cannabis Sativa), or any plant specified as an intoxicating drug by notification under section 2 (1) (iv), except under and in accordance with the conditions of a special licence granted by the President of the Union.

12. Except under the authority and subject to the conditions of a licence granted under this Act
(a) no excisable article shall be manufactured or collected ;
(b) no distillery or brewery shall be constructed or worked ; and
(c) no person shall use, keep or have in his possession any materials or apparatus whatsoever for the purpose of manufacturing any excisable article.

13. No person shall make, sell, possess or use--
(i) any hypodermic syringe, or
(ii) any other apparatus suitable for injecting any intoxicating drug, except under and in accordance with the conditions of a licence granted under this Act :

1 Now the Tariff Act, No. LXXII of 1953.

Provided that this prohibition shall not apply to
(a) a medical practitioner,
(b) a veterinary practitioner,
(c) a person who possesses or uses any such syringe or apparatus on the prescription of a medical practitioner.

14. The Excise Commissioner may-‑
(a) establish premises in which alcoholic liquor may be manu-factured under a licence granted under section 12 ;
(b) sanction the construction and working of a distillery or brewery ; and
(c) establish or sanction the establishment of a warehouse wherein any excisable article may be deposited, bottled or kept without payment of duty.

15. Without the sanction of the President of the Union, no excisable article shall be removed from any premises, distillery, brewery, ware-house or other place of storage established or licensed under this Act unless the duty (if any) imposed under section 24 has been paid or a bond has been executed for the payment thereof.

16. (1) The President of the Union may, by notification, prescribe a limit of quantity for possession of any excisable article.
(2) No person shall have in his possession any quantity of any excisable article in excess of the limit prescribed under sub-section (1), except under the authority and in accordance with the terms and conditions of
(a) a licence for the manufacture; cultivation, collection, sale or supply of such article, or
(b) a permit granted by the Collector in that behalf.
(3) Sub-section (2) shall not apply to any foreign alcoholic liquor_
(a) which is in the possession of any common carrier or warehouse man as such, or
(b) which is lawfully procured by and in the possession of any person for his bona fide private consumption and not for sale.
(4) Notwithstanding anything contained in the foregoing sub-sections, the President of the Union may, by notification, prohibit the possession of any excisable article or restrict such possession by such conditions as he may prescribe.

17. No person shall have in his possession any quantity of any excisable article, knowing. the same to have been unlawfully imported, transported, manufactured, cultivated or collected, or knowing the prescribed duty not to have been paid thereon,

18. No alcoholic liquor shall be bottled for sale and no excisable article Prohibition shall be sold except under the authority and subject to the conditions of a
licence granted under this Act :
Provided that_
(a) a person having the right to thetari drawn from any tree may sell the same without a licence to a person licensed to sell tari under this Act or permitted to possess tari in wholesale quantities by a permit granted under section 16 ;
(b) nothing in this section shall apply to the sale of any foreign alcoholic liquor legally procured by any person for his private use and sold by him or on his behalf or on behalf of his representatives in interest upon his quitting a station or after his decease.

19. The President of the Union may grant within any specified area to any person the monopoly of manufacturing and of selling or of manufacturing only or of selling only any country alcoholic liquor.

20. Within the limits of any military cantonment and within such distance from those limits as the President of the Union in any case may prescribe, no licence for the retail sale of alco-holic liquor shall be granted unless with the knowledge and consent of the Commanding Officer.

21. Every person who manufactures or sells any excisable article under a licence granted under this Act shall be bound
(a) to supply himself with such weights, measures and instruments as the Excise Commissioner may prescribe and to keep the same in good condition ; and
(b) on the requisition of any Excise-officer duly empo-wered in that behalf, at any time to weigh, measure or test any excisable article in his possesssion in such manner as the Excise-officer may require.

22. (1) No person who is licensed to sell foreign alcoholic liquor or country spirit for consumption on his premises shall, during the hours in which such premises are kept open for business, employ or permit to be employed, either with or without remuneration, any person under the age of sixteen years in any part of such premises in which such alcoholic liquor or spirit is consumed by the public.
(2) No person who is licensed to sell foreign alcoholic liquor for consumption on his premises shall, during the hours in which such premises are kept open for business, employ or permit to be employed, either with or without remuneration, any woman
(a) in any part of such premises, for the purpose of selling or serving or otherwise assisting in the sale of liquor ; or
(b) in any part of such premises where alcoholic liquor is consumed. for any other purpose, except in accordance with such; conditions as may be prescribed by the Collector with the previous approval of the Excise Commissioner.

23. The District Magistrate or, in Rangoon, the Commissioner of Police, by notice in writing to the licensee may require that any shop in which any excisable article is sold shall be closed at such times and for such periods as he may think necessary for the preservation of the public peace.
If a riot or unlawful assembly is apprehended or occurs in the vicinity of any such shop, a Magistrate of any class or Excise or Police officer above the rank of a peon or constable who is present may require such shop to be kept closed for such period as he may think necessary :
Provided that where any riot or unlawful assembly occurs, the licensee shall, in the absence of such Magistrate or officer, close his shop without any order.

CHAPTER V.
DUTIES AND FEES.

24. (1) 1 he President of the Union may impose a duty at such rate or rates as he thinks fit on any excisable article --
(a) imported, exported or transported in accordance with the provisions of section 7 ; or
(b) cultivated, collected or manufactured under any licence granted under section 11 or section 12 ; or
(c) manufactured in any premises established or in any distillery or brewery licensed under section 14:
Provided that--
(i) duty shall not be imposed on any article which has been imported into the Union of Burma and was liable, on such importation, to duty under the Sea Customs Act or the Burma Tariff Act' ;
(ii) duty imposed on denatured spirit or beer manufactured in the Union of Burma shall, unless the President of the Union otherwise directs, be equal to the duty to which denatured spirit or beer, as the case may be, when imported into the Union of Burma by sea, is liable under the Burma Tariff Act 1.
(2) Duty may be imposed under sub-section (1) at different rates according to the places to which any excisable article is to be removed or according to the strength and quality of such article.

25. A duty under section 24 may be imposed—
(1) on the quantity of excisable articles imported, exported, transported, cultivated, collected or manufactured in or issued from any premises established or distillery or brewery or warehouse licensed under section 14 ;
(2) in respect of spirit or beer or country fermented alcoholic liquor other than tari produced in the Union of Burma
(a) on the quantity of materials used in the production thereof, or
(b) with reference to the degree of attenuation of the wash or wort.

26. Where payment is made upon the issue of an excisable article for sale from a warehouse, it shall be at the rate of duty in force on the date of issue of such article from the warehouse.

27. Instead of or in addition to any duty leviable under this Chapter, the President of the Union may accept payment of a sum in consideration of the grant of any monopoly under section 19,

1Now the Tariff Act, No, I,XXII of 1953,

CHAPTER VI.
LICENCES, PERMITS AND PASSES.

28. (1) The authority which granted any licence, permit or pass under this Act may cancel or suspend it in such circumstances as may be prescribed by rule in that behalf.
(2) When a licence, permit or pass held by any person is cancelled under sub-section (1) any other licence, permit, or pass granted to such person under this Act or under any other law for the time being in force relating to excise-revenue or opium shall be liable to cancellation.
(3) When a licence, permit or pass is cancelled or suspended-‑
(i) the holder shall not be entitled to any compensation for its cancellation or suspersion or to the refund of any fee paid or deposit made in respect thereof ;
(ii) the fee payable for the balance of the period for which such licence, permit or pass would have been current but for such cancellation or suspension may be recovered from the ex-licen­see or his surety, if any, as excise-revenue ;
(iii) a fresh licence for the unexpired period or for the period of suspension may be granted in accordance with the provisions of this Act, or a manager to carry on the business during such period may be appointed by the Collector : Provided that when the fee or duty realized on account of such fresh licence or the profit derived from such management together with the amount recovered under clause (ii) exceeds the amount so recoverable the Collector may refund to the person from whom the recovery was made so much of the excess as does not exceed the amount actually recovered.

29. (1) Whenever the authority which granted any licence considers that it should be withdrawn in circumstances which do not justify cancellation or suspension under section 28, it shall remit a sum equal to the amount of the fees payable in respect thereof for fifteen days and may` withdraw the licence either on the expiration of fifteen days' notice in writing of its intention to do so, or forthwith without notice.
(2) If any licence be withdrawn forthwith without notice under sub-section (1), in addition to the sum remitted as aforesaid, there shall be paid to the licensee by way of compensation such further sum as the Excise Commissioner may direct.
(3) When a licence is withdrawn under this section any fee paid in advance or deposit made by the licensee in respect thereof shall be refunded to him, less the amount, if any, due to Government.

CHAPTER VII.
OFFENCES AND PENALTIES.

30. Whoever, in contravention of this Act or of any rule, notification or order made or of any licence, permit or pass obtained thereunder,
(a) imports, exports, transports, manufactures, collects or possesses any excisable article; or
(b) save in the cases provided for in section 40, sells any excisable article ; or
(c) constructs or works any distillery or brewery ; or
(d) uses, keeps or has in his possession any materials or apparatus whatsoever for the purpose of manufacturing any excisable article ; or
(e) removes any excisable article from any premises, distillery, brewery or warehouse established or licensed under this Act ; or
(f) bottles any alcoholic liquor for the purposes of sale; or
(g) cultivates the hemp plant, or any plant declared to be an intoxicating drug by a notification under sect-ion 2 (l) (iv) ;
shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

31. Whoever, in contravention of this Act or of any rule, notification or order made or of any licence, permit or pass obtained thereunder, manufactures any spirit shall be punish-able with imprisonment which may extend to [one year and shall also be liable to fine.]1

32. * * * *

33. Whoever, in contravention of section 13, makes, sells, possesses or uses
(a) any hypodermic syringe, or
(b) any other apparatus suitable for injecting any intoxicating drug,
shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both,

34. Whoever —
(a) alters or attempts to alter any denatured spirit, whether manufac­tured in the Union of Burma or not, with the intention that such spirit may be used in any way whatsoever for human consumption ; or
(b) has in his possession any spirit in respect of which he knows or has reason to believe that any such alteration or attempt has been made;
shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

35. In prosecutions under section 34 where the accused person is proved to be in possession of any spirit which is, or contains, or has been derived from denatured spirit, and in respect of which any such alteration or attempt as is referred to in section 34 has been made, it may, from the mere fact of such possession, be presumed, unless and until the contrary is proved, that such person--
(a) has himself made such alteration or attempt. or
(b) knows or has reason to believe that such alteration or attempt has been made.

36. In any prosecution under this Act it may be presumed, unless and until the contrary is proved, that any spirit which contains any quantity of any denaturant is, or has been derived from, denatured spirit.

37. Whoever without lawful authority has in his possession any quantity of any excisable article, knowing or having reason to believe that the same has been unlawfully imported, transported, manufactured, cultivated or collected, or that the prescribed duty has not been paid thereon, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ore thousand rupees, or with both.

38. (1) Whoever, in contravention of this Act or of any rule, notification or order thereunder, keeps or uses any place for the purpose of selling any alcoholic liquor or of selling or administering any intoxicating drug, or knowingly permits any place owned or occupied by him or under his control to be kept or used for such purposes, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.
(2) When any person is charged under sub-section (1) with permitting any place owned or occupied by him or under his control to be kept or used for the purpose of selling any alcoholic liquor or of selling or administering any intoxicating drug and it is proved-‑
(a) that any person has been convicted under sub-section (1) of selling any alcoholic liquor or of selling or administering any intoxicating drug in such place;
(b) that a written notice of such conviction has been served by the Collector on the person owning or occupying or being control of such place ; and
(c) that at any time within six months after the date of service of such notice such place has again been kept or used for the purpose of selling alcoholic liquor or of selling or administering an intoxicating drug ;
it shall be presumed until the contrary is proved that the person owning or occupying or being in control of such place knowingly permitted it to be kept or used for the purpose of selling alcoholic liquor or of selling or administer­ing an intoxicating drug, as the case may be.

39. Whoever does any act in contravention of any of the provisions of this Act, or of any rule, notification or order made thereunder, and not otherwise provided for therein, shall be punishable with fine which may extend to two hundred rupees.

40. (1) If a licensed vendor or any person in his employ or acting on his behalf__
(a) sells or gives any excisable article to a person who is (i) intoxicated, or (ii) apparently under the age of eighteen years ; or
(b) employs or permits to be employed on any part of the licensed premises any person whom he is prohibited from employing under this Act ; or
(c) permits intoxication, disorderly conduct or gaming on the licensed premises ; or
(d) permits persons whom he knows or has reason to believe to have been convicted of any non-bailable offence, or who are reputed prostitutes, to resort to or assemble on the licensed premises, whether for the purposes of crime or prostitution or for any other purpose ;
he shall, in addition to any other penalty to which he may be liable, be punishable, with fine which may extend to five hundred rupees.
(2) When any licensed vendor or any person in his employ or acting on his behalf is charged with permitting intoxication on the premises of such vendor, and it is proved that any person was intoxicated on such premises, it shall lie on the person charged to prove that the licensed vendor and the persons employed by him took all reasonable steps for preventing intoxication on such premises.

41. If the holder of a licence, permit or pass granted under this Act, or any person in the employ of such holder or acting on his behelf, intentionally__
(a) fails without good and sufficient reason to produce such licence, permit or pass on the demand of any Excise-officer ; or
(b) contravenes any rule made under section 65 ; or
(c) does any act in breach of any of the conditions of the licence; permit or pass not otherwise provided for in this Act ;
he shall be punishable in case (a) with fine which may extend to two hundred rupees, and in case (b) or case (c) with fine which may extend to five hundred rupees.

42. (1) If a chemist, druggist, apothecary or keeper of a dispensary allows any excisable article, which has not been bona fide medicated for medicinal purposes, to be consumed on his business premises by any person not employed in his business, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
(2) If any person not employed as aforesaid consumes any such excisable article on such premises, he shall be punishable with fine which may extend to two hundred rupees.

43. (1) Whoever attempts to commit any offence punishable under this Act shall be liable to the punishment provided for the offence.
1(2) Whoever abets an offence punishable under this Act shall, whether such offence be or be not committed in consequence of such abetment, and notwithstanding anything contained in section 116 of the Penal Code, be liable to the punishment provided for the offence.

44. In prosecutions under section 30, section 31, section 33, section 37 or section 38 it may be presumed, until the contrary is proved, that the accused person has committed an offence under the section under which he is charged in respect of_
(a) any excisable article, or any apparatus for administering any intoxicating drug, or for the manufacture of any excisable article ; or
(b) any materials which have undergone any process towards the manu­facture of an excisable article, or from which an excisable article has been manufactured for the possession of which he is unable to account satisfactorily.

45. The holder of a licence, permit or pass under this Act shall be Liability of liable to punishment, as well as the actual offender, for any offence under section 30, section 31, section 33, section 34, section 37, section 40 or section acts of 41 committed by any person in his employ or acting on his behalf as if he had himself committed the same, unless he shall establish that all due and reasonable precautions were taken by him to prevent the commission of such offence :
Provided that no person other than the actual offender shall be punished under this section with imprisonment except in default of payment of a fine.

46. If any person, after having been previously convicted of an offence punishable under section 30, section 31, section 33, section 34, section 37 or section 38 or under similar provision in any enactment repealed by this Act, is subsequently convicted of an offence punishable under any of these sections, he shall be liable to twice the punishment which might be imposed on a fir conviction under this Act :
Provided that nothing in this section shall prevent any offence which might otherwise have been tried summarily under Chapter XXII of the Code Criminal Procedure from being so tried.

47. Whenever an offence punishable under this Act has been com­mitted,_
(a) all excisable articles, materials, or apparatus which are found at the place of the offence ;
(b) all receptacles, packages or coverings in which the said excisable articles, materials or apparatus are packed or stored ; and
(c) all animals, vehicles, vessels, or other conveyances used in carrying the articles specified in clauses (a) and (b) ;
shall be liable to confiscation :
Provided that when it is proved that the articles specified in clauses (b) and (c) are not the property of the offender they shall not be liable to confiscation if the owner thereof establishes that he had no reason to believe that such offence was being or was likely to be committed.

48. (1) When at the trial of any person accused of any offence punishable under this Act, the Magistrate decides that any thing or animal is liable to confiscation under section 47, he may order confiscation or may give the owner of the thing or animal liable to be confiscated an option to pay such fine as he thinks fit in lieu thereof.
(2) When there is reason to believe that an offence punishable under this Act has been committed but the offender is not known or cannot be found, or when any thing or animal liable to confiscation under this Act and not in the possession of any person cannot be satisfactorily accounted for, the case shall be enquired into and determined by the Collector who may order confiscation :
Provided that no such order shall be made until the expiration of one month from the date of seizing the thing or animal intended to be confiscated or without hearing the person, if any, claiming any right thereto and the evidence, if any, which he produces in support of his claims :
Provided further that, if the thing in question is liable to speedy and natural decay, or if the Collector is of opinion that the sale of the thing or animal in question would be for the benefit of its owner, the Collector may at any time direct it to be sold ; and the provisions of this sub-section shall, as nearly as may be practicable, apply to the net proceeds of such sale.

49. The Collector may accept from any person whose licence, permit or pass is liable to be cancelled or suspended under section 28, or who is reasonably suspected of having committed an offence under section 39, section 40, or section 41, a sum of money in lieu of such cancellation or suspension or by way of composition for the offence which may have been committed, as the case may be, and in all cases whatsoever in which any property has been seized as liable to confiscation under this Act may at any time before an order of confiscation has been passed by a Magistrate release the same on payment of such amount as he may fix in this behalf.
On the payment of such sum of money, or such amount or both, as the case may be, to the Collector, the accused person, if in custody, shall be discharged, the property seized shall be released, and no further proceedings shall be taken against such person or property.

50. Any Excise-officer who shall be guilty of any violation of duty or wilful breach of or neglect of any law or rule or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission or without having given previous notice in writing for a period of two months, or who shall be guilty of cowardice, or who shall offer any unwarrantable violence to any person in his custody, or who shall cause unwarrantable damage to any property in the performance of his duties, shall be punishable with imprisonment which may extend to three months, or with fine which may extend to three months' pay, or with both.

1 Substituted by Act XL, 1954.
2 Inserted by Act LXXII, 1951.

CHAPTER VIII.
DETECTION, INVESTIGATION AND TRIAL OF OFFENCES.

51. (a) The owner or occupier, and the agent of any owner or occupier of any place in or on which,
(b) every village-headman in whose village-tract, and
(c) every ward-headman of a town in whose ward,
any excisable article is cultivated, collected, manufactured or stored in contravention of this Act or of any rule, notification or order made thereunder shall be bound to give notice of the same to a Magistrate or to a Revenue, Police or Excise officer as soon as the same has come to his knowledge.

52. Every Revenue, Police, Salt and Customs officer shall be bound to give immediate information to an Excise-officer of the commission of any offence punishable under this Act which may come to his knowledge, and to aid any Excise-officer in carrying out the provisions of this Act upon request made by such officer.

53. An Excise-officer duly empowered in this behalf may_
(a) enter and inspect at any time by day or by night any place in which any licensed manufacturer carries on the manufacture of or stores any excisable article ;
(b) enter and inspect at any time during which sale is permitted, and at any other time during which the same may be open, any place at which any excisable article is kept for sale by any licensed person holding a licence under this Act ;
(c) examine accounts and registers and examine, test, measure weigh any excisable articles, materials or apparatus found the place ;
(d) seize and remove any apparatus which he has found to be inaccurate

54. Subject to such restrictions as the President of the Union may. prescribe, any Excise or Police officer, and any Revenue or Customs officer duly empowered in this behalf, may at any time by day or by night__
(a) arrest without any warrant any person found committing an offence punishable under section 30, section 31, section 33, section 34, section 37 or section 38 ;
(b) seize, search and detain any excisable article or other thing or animal which he has reason to believe to be liable to confiscation under this Act or any other law for the time being in force relating to excise-revenue ;
(c) detain and search any person upon whom he may have reason to suspect any article which is so liable to confi-scation to be.

55. If a Collector or Magistrate has reason to believe that an offence under section 30, section 31, section 33, section 34, section 37 or section 38 has been or is likely to be committed, he may issue a warrant-
(a) for the search of any place in which he has reason to believe that any excisable articles, materials, or apparatus in respect of which such offence has been or is likely to be committed are kept or concealed ; and -
(b) for the arrest of any person, who, he has reason to believe, has been or is likely to be engaged in the commission of such offence.

56. If an Excise-officer duly empowered in this behalf has reason to believe that an offence under section 30, section 31, section 33, section 34, section 37 or section 38 has been or is likely to be committed, and that a search-warrant cannot be obtained without affording the offender an opportunity of escape or of concealing evidence of the offence, he may, at any time by day or night,
(a) enter and search any place and may seize any thing found therein which he has reason to believe to be liable to confiscation under this Act, and
(b) detain and search, and, if he thinks proper, arrest without a warrant any person found in such place whom he has reason to believe to be guilty of such offence.

57. (1) An Excise-officer duly empowered in this behalf may as regards offences under section 30, section 31, section 33, section 34, section 37 and section 38 exercise powers similar to those conferred on an officer in charge of a police-station by the provisions of the Code of Criminal Procedure :
Provided that any such powers shall be subject to such restrictions and modifications (if any) as the President of the Union may by rule prescribe.
(2) For the purposes of section 156 of the said Code the area to which an Excise-officer is appointed shall be deemed to be a local area within the limits of a police-station, and such officer shall be deemed to be the officer in charge of the station.
(3) Any such officer, if specially empowered in that behalf, may, without reference to a Magistrate and for reasons to be recorded by him in writing, stop further proceedings against any person concerned or supposed to be concerned in any offence against this Act which he has investigated or which may have been reported to him.

58. If, on • an investigation by an Excise-officer empowered under section, sub-section (1), it appears that there is sufficient evidence to justify the . prosecution of the accused, the investigating officer, unless he submits the case for the orders of the Collector under section 49 or proceeds under section 57, sub-section (3), shall submit a report (which shall for the purposes of section 190 of the Code of Criminal Procedure be deemed to be a police-report) to a Magistrate having jurisdiction to enquire into or try the case and empowered to take cognizance of offences on police-reports.

59. When any Excise-officer below the rank of Collector makes any arrest, seizure or search under this Act, he shall, within twenty-four hours thereafter, make a full report of all the particulars of the arrest, seizure or search to his immediate official superior.

60. Save as in this Act otherwise expressly provided, the provisions of the Code of Criminal Procedure relating to arrests, detentions in custody, searches, summonses, warrants of arrests, search-warrants, the production of persons arrested and the disposal of things seized, shall be applicable as far as may be to all action taken in these respects under this Act:
Provided that the provisions of section 103 of the said Code shall not apply to searches of vessels made under this Act.

61. (1) When a person is arrested under this Act otherwise than on a warrant by a person or officer who is not empowered to grant bail, he shall be produced before or forwarded to_
(a) the nearest Excise-officer empowered to grant bail, or
(b) the nearest officer in charge of a police-station, which-ever is nearer,
(2) Whenever any person arrested under this Act otherwise than on a warrant is prepared to give bail, and is arrested by, or produced in accordance with sub-section (1) before, an officer empowered to grant bail, he shall be released upon bail or, at the discretion of the officer releasing him, on his own bond.
(3) When any such person is not prepared to give bail to the satisfaction of the officer concerned, he shall be sent with all convenient despatch to a Magistrate for trial.
(4) The provisions of sections 499 to 502, 513, 514 and 515 of the Code of Criminal Procedure shall apply, so far as may be, in every case in which bail is accepted or a bond taken under this section.

1 61A. Every person who has been arrested under this Act for an offence punishable with imprisonment for a term which may extend to not less than six months and every person who has been ordered to give security for his good behaviour shall, if so required by an Excise-officer, allow his photograph or finger and thumb impressions to be taken at any time after the arrest.

1 61B. (1) If any person who under section 61A is required to allow his photograph or finger and thumb impressions to be taken resists or refuses to allow the taking of the same, an Excise-officer may use all lawful means necessary to secure the taking thereof.
(2) Resistance to or refusal to allow the taking of photographs or finger and thumb impressions under sub-section (1) shall be deemed to be an offence under section 186 of the Penal Code.

62. No Magistrate of the third class who is not specially empowered by the District Magistrate in this behalf shall take cognizance of or try any offence under this Act.

63. (1) No Magistrate shall take cognizance of an offence puni-shable-
(a) under section 39, section 40 or section 41, except on the complaint or report of the Collector or of an Excise-officer authorized by him in this behalf ; or
(b) under any other section of this Act, except on his own knowledge or suspicion or on the complaint or report of an Excise or Police officer.
(2) Except with the special sanction of the President of the Union, no Magistrate shall take cognizance of any offence punishable under this Act unless the prosecution is instituted within six months after the date on which the offence is alleged to have been committed.

164. (1) Whenever any person is convicted of an offence punishable under section 30, section 31 section 33, section 34, section 37, section 38 or section 43 (2), and the Court convicting him is of opinion that it is necessary to require such person to execute a bond for abstaining from the commission of offences punishable under those sections, the Court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means with or without sureties, for abstaining from the commission of such offence during such period, not exceeding three years, as it thinks fit to fix.
(2). The bond shall be in the form prescribed in the Schedule, and the provisions of the Code of Criminal Procedure shall, in so far as they are applicable, apply to all matters connected with such bond as if it were a bond to keep the peace ordered to be executed under section 106 of that Code.
(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.
(4) An order under this section may also be made by an appellate Court, or by the High Court when exercising its powers of revision.

64A. Whenever a District Magistrate, a Subdivisional Magistrate or, when he is especially empowered in this behalf by the President of the Union, a Magistrate of the first class, receives information that any person within the local limits of his jurisdiction earns his livelihood wholly or in part
(a) by the unlawful manufacture, transport, importation, export-ation, sale or purchase of any excisable article in contraven-tion of the provisions of this Act or of any rules made there-under ; or
(b) by abetting such unlawful manufacture, transport, importa-tion, exportation, sale or purchase ;
he may deal with such person as nearly as may be as if the information received about him were of the description mentioned in section 110 of the Code of Criminal Procedure ; and for the purposes of any proceeding under this section the fact that a person earns his livelihood as aforesaid may be proved by evidence of general repute or otherwise.

CHAPTER IX
MISCELLANEOUS.

65. (1) The President of the Union may make rules for the purpose of carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provision, the President of the Union may make rules--
(a) regulating the import, export, transport or possession of any excisable article;
(b) regulating the manufacture, supply, storage or sale of any excisable article, including the character, erection, alter-ation, repair, inspection, supervision, management and control of any place for the manufacture, supply, storage, or sale of such article, and the fittings, implements and apparatus to be maintained therein ; regulating the bottl-ing of alcoholic liquor for sale ;
(d) regulating the deposit, of any excisable article in a ware-house, and the removal of any excisable article from any such warehouse or from any distillery or brewery ;
(e) regulating the periods and localities for which, and the persons or classes of persons to whom, licences under this Act may be granted, and regulating the number of such licences which may be granted in any local area ;
(f) determining the limits of wholesale and retail sale respect-ively ;
(g) prescribing the procedure to be followed and the matters to be ascertained before any licence for such sale is granted for any locality ;
(h) prescribing the amount of security, if any, to be deposi-ted by holders of licences, permits or passes for the per-formance of the conditions of the same ;
(i) prescribing the scale of fees or the manner of fixing or determining the fees payable in respect of any privilege, licence, permit, or pass, or in respect of the storing of any excisable article ;
(j) regulating the time, place and manner of payment of any duty or fee ;
(k) prescribing the authority by, the restrictions under and the conditions on which any licence, permit or pass may be granted, cancelled, suspended or surrendered, and the form thereof, including--
(i) the prohibition of the admixture with any excisable article of any substance deemed to be noxious or objectionable ;
(ii) the regulation or prohibition of the reduction of alcoholic liquor by a licensed manufacturer or licensed vendor from a higher to a lower strength ;
(iii) the fixing of the strength, price or quantity in excess of or below which any excisable article should not be sold or supplied and the prescription of a standard of quality for any excisable article ;
(iv) the prohibition of the employment by a licence-holder of any person or class of persons to assist him in his business in any capacity whatsoever ;
(v) the prohibition of the sale of any excisable articles to any person or class of persons ;
(vi) the prohibition of sale except for cash ;
(vii) the prevention of drunkenness, gambling or disorderly conduct in or near any licensed premises, and of the meeting or remain­ing of persons of bad character on such premises ;
(viii) the prescription of the days and hours during which any licensed premises may or may not be kept open, and provision for the closing of such premises on special occasions ;
(ix) the prescription of the nature of the premises in which any excisable article may be sold, and the notices to be exposed at such premises ;
(x) the prescription of the accounts to be maintained and the returns to be submitted by licence-holders ; and
(xi) the prohibition or regulation of the transfer of licences ;
(1) with regard to the denaturing of spirit-‑
(i) for declaring the substances with which and the processes by which spirit shall be denatured ;
(ii) for causing spirit to be denatured through the agency or under the supervision of such officers as may be prescribed ;
(iii) for ascertaining whether spirit has been denatured ;
(m) providing for the destruction or other disposal of any excisable article deemed to be unfit for use ;
(n) regulating the disposal of confiscated articles ;
(o) regulating the grant of expenses to witnesses.

66. All rules made and notifications issued under this Act shall be published in the Gazette and shall thereupon have effect as if enacted in this Act.
(1) All monies due to Government under this Act may be recovered from the person primarily liable to pay the same or from his surety (if any) as if they were arrears of land-revenue.
(2) When action has been taken under section 28 the Collector may recover, in any manner authorized by sub-section (1) of this section, any money due to the holder of the cancelled licence, permit or pass by any lessee or assignee.
(3) All such monies, together with any losses incurred by Government through the default of any licence-holder under this Act, shall be a first charge upon any distillery, brewery, warehouse, shop buildings, fittings, apparatus, or stocks of excisable articles or materials for manufacture of the same held in or upon any distillery, brewery, warehouse or shop premises, which, except with the written consent of the Collector, shall not be liable to be taken in execution of a decree or order of any Court until such monies or losses have been paid.

167A. Where any person, in compliance with any rule made under this Act, gives a bond for the performance of any duty or act, such duty or act shall be deemed to be a public duty, or an act in which the public are interested, as the case may be, within the meaning of the Contract Act, section 74 ; and, upon breach of the condition of such bond by him, the whole sum named therein as the amount to be paid in case of such breach may be recovered from him as if it were an arrear of land-revenue.

68. No action shall lie in any civil Court against * * * 2 the Government or against any Excise-officer for damages for any act in good faith done or ordered to be done in pursuance of this Act, or any law for the time being in force relating to excise-revenue.

69. All prosecutions of any Excise-officer, and all actions which may be lawfully brought against * * * 2 the Government or against any Excise-officer, in respect of anything done in pursuance of this Act, shall be instituted within six months from the date of the act complained of and not afterwards.

SCHEDULE. 1
Bond to abstain front the Commission of Offences
under the Burma Excise Act.

(See section 64.)

WHEREAS I (name), inhabitant of (place have been called upon to enter into a bond to abstain from the commission of an offence under section 30, section 31, section 33, section 34, section 37,) section 38 or section 43 (2) of the Burma Excise Act, for the term of , I hereby bind myself not to commit any such offence during the said term and, in case of my making default therein, I hereby bind myself to forfeit to the President of the Union of Burma, the sum of Kyats

Dated this day of 19

Signature.

(Where a bond with sureties is to be executed, add )

We do hereby declare ourselves sureties for the above named that he will abstain from the commission of an offence under section 30, section 31, section 33, section 34, section 37, section 38, or section 43 (2) of the Burma Excise Act, during the said term ; and, in case of his making default therein, we bind ourselves, jointly and severally, to forfeit to the President of the Union of Burma, the sum of Kyats .

Dated this day of 19

Signature.

1 Inserted by Act XL, 1934.

The Burma Code Volume 3: The Burma Stamp Act

Attachment အရွယ်အစား
THE BURMA STAMP ACT.pdf 119.93 ကီလိုဘိုက်

The Burma Code Volume 3: The District Cesses Act

Attachment အရွယ်အစား
THE DISTRICT CESSES ACT.pdf 23.84 ကီလိုဘိုက်

The Burma Code Volume 3: The Foreign Exchange Regulation Act

Attachment အရွယ်အစား
THE FOREIGN EXCHANGE REGULATION ACT.pdf 104.05 ကီလိုဘိုက်

The Burma Code Volume 3: The Government Securities Act

Attachment အရွယ်အစား
THE GOVERNMENT SECURITIES ACT.pdf 60.79 ကီလိုဘိုက်

The Burma Code Volume 3: The Land Customs Act

Attachment အရွယ်အစား
THE LAND CUSTOMS ACT.pdf 42.99 ကီလိုဘိုက်

The Burma Code Volume 3: The Land and Revenue Act

Attachment အရွယ်အစား
THE LAND AND REVENUE ACT.pdf 103.31 ကီလိုဘိုက်

Laws of Burma

Amyotha Hluttaw Election Law

Attachment အရွယ်အစား
Law 2010-04e.pdf 175.53 ကီလိုဘိုက်

Political Parties Registration Law

Attachment အရွယ်အစား
Law 2010-02e.pdf 119.09 ကီလိုဘိုက်

Pyithu Hluttaw Election Law

Attachment အရွယ်အစား
Law 2010-03e.pdf 175.52 ကီလိုဘိုက်

Region Hluttaw or State Hluttaw Election Law

Attachment အရွယ်အစား
Law 2010-05e.pdf 180.56 ကီလိုဘိုက်

The Child Law

Attachment အရွယ်အစား
Law 09-93 The Child Law e.pdf 285.62 ကီလိုဘိုက်

The Parliamentary Act 1955-1961

NO.
PARTICULAR ACT
LAW NO.
YEAR
1 The
City of Yangon Municipal (Amendment) Act, 1955
9
1955
 
2
The Prisons (Amendment) Act, 1955
14
1955
 
3
The Workmen's Compensation (Amendment) Act, 1955
17
1955
 
4 The
States (Extension of Laws) (Amendment) Act, 1955
18
1955
 
5 The
Myanmar Companies (Amendment) Act, 1955
23
1955
 
6
The Village (Amendment) Act, 1955
25
1955
 
7 The
Wa States and Ko Kang State, Criminal Law Extension Act,
1955
31
1955
 
8
The Arms (Temporary Amendment) (Amending) Act, 1955
32
1955
 
9 The
City of Yangon Municipal (Amendment) Act, 1955
41
1955
 
10
The Myanmar Excise (Amendment) Act, 1955
43
1955
 
11
The Police (Amendment) Act, 1955
45
1955
 
12
The Yangon Police (Amendment) Act, 1955
46
1955
 
13
The Trade Disputes (Amendment) Act, 1955
49
1955
 
14
The Myanmar Immigration (Emergency Provisions) (Amendment)
Act, 1955
58
1955
 
NO.
PARTICULAR ACT
LAW NO.
YEAR
1 The
Land Customs (Amendment) Act, 1956
13
1956
 
2
The Sea Customs (Amendment) Act, 1956
14
1956
 
3
The Forest (Amendment) Act, 1956
16
1956
 
4 The
Registration of Foreigners (Amendment) Act, 1956
25
1956
 
5 The
Myanmar Immigration (Emergency Provisions) (Amendment)
Act, 1956
26
1956
 
6
The Myanmar Post Office (Amendment) Act, 1956
28
1956
 
7 The
Foreign Exchange Regulation (Amendment) Act, 1956
33
1956
 
8
The Myanmar Extradition (Amendment) Act, 1956
34
1956
 
9 The
Inland Steam Vessels (Amendment) Act, 1956
40
1956
 
10
The Code of Civil Procedure (Amendment) Act, 1956
46
1956
 
NO.
PARTICULAR ACT
LAW NO.
YEAR
1 The
Administrator-General's (Amendment) Act, 1957
3
1957
 
2
The Chin Special Division (Extension of Laws) (Amendment)
Act, 1957
9
1957
 
3
The Essential Supplies and Services (Amendment) Act, 1957
10
1957
 
4 The
Workmen's Compensation (Amendment) Act, 1957
22
1957
 
5 The
Myanmar Stamp (Amendment) Act, 1957
28
1957
 
6
The Myanmar Court Fees (Amendment) Act, 1957
29
1957
 
7 The
City of Yangon Municipal (Amendment) Act, 1957
33
1957
 
8
The Control of Imports and Export Ports (Temporary) (Amendment)
Act, 1957
35
1957
 
9 The
Criminal Law (Amendment) Act, 1957
38
1957
 
10
The Myanmar Immigration (Emergency Provisions) Amendment)
Act, 1957
39
1957
 
11 The
Registration of Foreigners (Amendment) Act, 1957
40
1957
 
12 The
Criminal Law (Second Amendment) Act, 1957
56
1957
 
NO.
PARTICULAR ACT
LAW NO.
YEAR
1 The
Dock Workers (Regulation of Employment) (Amendment) Act,
1958
3
1958
 
2
The Union Citizenship (Amendment) Act, 1958
10
1958
 
3
The Myanmar Excise (Amendment) Act, 1958
12
1958
 
4 The
Yangon Port (Amendment) Act, 1958
14
1958
 
5 The
Myanmar Immigration (Emergency Provisions) (Amendment)
Act, 1958
16
1958
 
6
The City of Yangon Municipal (Amendment) Act, 1958
17
1958
 
7 The
Registration of Foreigners (Amendment) Act, 1958
18
1958
 
8
The Foreign Exchange Regulation (Amendment) Act, 1958
22
1958
 
9 The
Court Fees (Amendment) Act, 1958
24
1957
 
10
The Trade Disputes (Amendment) Act, 1958
36
1958
 
11 The
Myanmar Telegraph (Amendment) Act, 1958
37
1958
 
NO.
PARTICULAR ACT
LAW NO.
YEAR
1 The
State (Extension of Laws) (Amendment) Act, 1959
2
1959
 
2
The Foreign Exchange Regulation (Amendment) Act, 1959
8
1959
 
3
The Constitution (Second Amendment) Act, 1959
10
1959
 
4 The
Yangon Port (Amendment) Act, 1959
11
1959
 
5 The
Code of Criminal Procedure (Temporary Provision) (Repeal)
Act, 1959
13
1959
 
6
The Yangon Police (Amendment) Act, 1959
17
1959
 
7 The
Sea Customs (Amendment) Act, 1959
19
1959
 
8
The Land Customs (Amendment) Act, 1959
20
1959
 
9 The
Myanmar Laws (Shan State) (Amendment) Act, 1959
31
1959
 
10
The Trade Union (Amendment) Act, 1959
38
1959
 
11 The
City of Yangon Municipal (Amendment) Act, 1959
44
1959
 
12 The
Shan State Criminal Law and Precedure Extension Act, 1959
45
1959
 
13 The
Myanmar Companies (Amendment) Act, 1959
48
1959
 
NO.
PARTICULAR ACT
LAW NO.
YEAR
1 The
Foreign Exchange Regulation (Amendment) Act, 1960
4
1960
 
2
The State (Extension of Laws) (Amendment) Act, 1960
21
1960
 
3
The Myanmar Post Office (Amendment) Act, 1960
22
1960
 
4 The
Penal Code (Amendment) Act, 1960
27
1960
 
5 The
Myanmar Telegraph (Amendment) Act, 1960
29
1960
 
6
The City of Yangon Municipal (Amendment) Act, 1960
31
1960
 
7 The
Penal Code (Amendment) Act, 1960
32
1960
 
8
The Control of Imports and Exports (Temporary) (Amendment)
Act, 1960
35
1960
 
NO.
PARTICULAR ACT
LAW NO.
YEAR
1 The
City of Yangon Municipal (Amendment) Act, 1961
1
1961
 
2
The Penal Code (Amendment) Act, 1961
5
1961
 
3
The Foreign Exchange Regulation (Amend) Act, 1961
26
1961
 
4 The
Registration (Amendment) Act, 1961
30
1961
 
5 The
Village (Amendment) Act, 1961
34
1961
 

THE CITY OF YANGON MUNICIPAL (AMEMDMENT) ACT, 1961

[Act No. I of 1961]
(The 17th March 1961)

It is hereby enacted as follows:-

1. This Act may be called the City of Yangon Municipal (Amemdment) Act, 1961.

2. In section 228 of the City of Yangon Municipal Act-

(a) for sub-section (1), the following shall be substituted as sub-section (1); namely:-

"(1) If at any time, upon representation made or otherwise, it appears to the President of the Union that the Corporation is not competent to perform, or persistently makes default in the performance of, any duty or duties imposed on it by or under this or any other Act for the time being in force, or exceeds or abuses its powers, the President of the Union may, by an order, direct that all the members of the Corporation for the time being shall retire from office as and from such date as the President of the Union may appoint, and the President of the Union may, by that order or by a separate order, direct that general elections shall take place on such convenient date as may be fixed by the President of the Union. Such order shall be published in the Gazette together with the reasons for making the same.";

(b) in sub-section (2), for the word "January" the word "March" shall be substituted;

(c) at the end of sub-section (3), the following shall be inserted; namely:-

"The President of the Union may also appoint an Advisory Committee to advise such person or persons."

The Revolutionary Council Law (1962-1974)

The Revolutionary Council enacted (182) laws during the period of 1962 to 1974. Out of them, (70) laws are repealed by 31-12-97. There are (76) original laws and (36) amendment laws in the rest (112) laws.

NO. PARTICULAR ACT LAW NO. YEAR
1 The Myanmar Medical Degrees Act Amending Law, 1962 9 1962
2 The Yangon Port Act Amending Law, 1962 18 1962
3 The Ports Act Amending Law, 1962 19 1962
4 The Outports Act Amending Law, 1962 20 1962
5 The Press (Emergency Powers) Act Amending Law, 1962 27 1962
NO. PARTICULAR ACT LAW NO. YEAR
1 The Obstructions in Fairways Act Amending Law, 1963 2 1963
2 The Criminal Law Amending Law, 1963 7 1963
3 The Myanmar Post Office Act Amending Law, 1963 10 1963
4 The Trade Disputes Act Amending Law, 1963 20 1963
NO. PARTICULAR ACT LAW NO. YEAR
1 The Essential Supplies and Services Act Amending Law, 1965 3 1965
NO. PARTICULAR ACT LAW NO. YEAR
1 The Yangon Police Act 5 1970
NO. PARTICULAR ACT LAW NO. YEAR
1 The Code of Criminal Procedure Amending Law, 1973 2 1973

Union Election Commission Law, 2010

Attachment အရွယ်အစား
Law 2010-01e.pdf 68.94 ကီလိုဘိုက်

Suppressive Laws

Emergency Provisions Act, Section 5

[Burma Act 17, 1950] (9th March 1950)

(Unofficial Translation)

5. Whoever does anything with any of the following intent; that is to say –

(a) to depreciate, pervert, hinder, restrain, or vandalise the loyalty, enthusiasm, acquiescence, health, training, or performance of duties of the army organisations of the Union or of civil servants in a way that would induce their respect of the government to be diminished, or to disobey rules, or to be disloyal to the government; or

(b) to cause, seduce, or urge any member of the army organisations of the Union or any civil servant in a way that would induce him to fulfil his duties improperly, or to fail to perform his duties; or

(c) to hinder the recruitment of members to the army organisations of the Union, or civil service organisations, or fire brigades, or any other organisations registered or performing as governmental service, or to hamper the performance of duties of such members: or

(d) to alarm the people or a group of people in a way that would created panic amongst them; or

(e) to spread false news, knowing, or having reason to believe that it is not true; or

(f) to hamper, obstruct or harass any transportation, tasks, manufacture or transportation of military weapons and munitions, or supply or distribution of essential items, necessary of effective implementation of the restoration of law and order of the State; or

(g) to partly or wholly destroy military weapons and munitions in order that they could not be viable or be dangerous, or to endanger or imperil a person involved in transportation or manufacture of transportation of such military weapons and munitions; or

(h) to make the public lose trust in the State's economy, government loans, government securities, coins and legal tenders distributed wholly or partly in the country or to hamper operational or economic success carried out by the government in order to implement the restoration of law and order successfully; or

(i) to incite either the public or any other kind of ethnic race or any other person to deny or delay his payment in curried for land revenue, revenue, tax, or any other kind of payment to be paid to the Union, or the federal government, or a board of regional authorities in accordance with the law or with the customs that have the effect of law; or

(j) to affect the morality or conduct of the public or a group of people in a way that would undermine the security of the Union or the restoration of law and order; or

(k) to incite civil servants, or a group of civil servants, or any other civil servant to be involved in armed opposition punishable by criminal laws; or

(l) to directly or indirectly take part in committing the offences prescribed in the Arms Act or the Explosive Ammunitions Act, or the Explosive Substances Act; or

(m) to directly or indirectly encourage, incite, prepare or show agreement to arrangements or activities for the purpose of defiance or non-abidance of laws, or to avoid abiding by the law, or to hinder compliance of the judicial process or to the restoration or law and order, or to refuse to make payments prescribed in sub-section (h) or to delay such payments, or to rally people or to prepare to do so or to raise funds to do so in order to develop such activities or programmes, or to directly or indirectly encourage, incite, prepare or show concurrence with the raising funds for that purpose shall be punished with an imprisonment for a term which shall extend to 7 years or with fine or with both.

State Protection Law

Pyithu Hluttaw Law No. 3, 1975

PREAMBLE

The People's Assembly enacts the following Law in order to prevent the infringement of the sovereignty and security of the Union of Burma against any threat to the peace of the people, and against the threat of those desiring to cause subversive acts causing the destruction of the country, without impeding citizens' fundamental rights.

CHAPTER 1
Article 1

This Law shall be called the Law to Safeguard the State Against the Dangers of Those Desiring to Cause Subversive Acts.

Article 2

"Commit", in the context of this Law, is to perform or about to perform, or to abet, or to assist in, any act that either directly or indirectly, in any manner, threatens any provision under Article 7 of this Law;

"Central Board", in the context of this Law, is the Board organized under Article 8 of this Law;

"Person Against Whom Action Is Taken", in the context of this Law, is any person whose fundamental rights are being restricted by any provision under this Law, or any person who is under arrest and detained following such restriction.

CHAPTER 2
Article 3

In order to be able to protect in advance against threats to the sovereignty and security of the State and the peace of the people, the State Council

(a) may declare a State of Emergency for any territory in the country;

(b) may, if necessary, restrict any citizen's fundamental rights in any territory in the Union of Burma.

Article 4

The declaration of the State of Emergency under Article 3 shall not exceed sixty days. The State Council shall submit and seek approval at the next session of the People's Assembly for any prolongation. If there is no such session within the next sixty days, an emergency People's Assembly session shall be held and approval secured. If the Assembly's approval cannot be secured, the State of Emergency ceases to be in force from the day it is not approved. Any measures officially implemented prior to the expiration of the State of Emergency shall be lawful.

Article 5

Immediately following the withdrawal of the declaration of the State of Emergency, restrictions mentioned under Article 3(b) shall cease to be in force.

Article 6

If the declaration of the State of Emergency mentioned under Article 3(b) is withdrawn within sixty days, the State Council shall submit and secure approval of its activities at the next session of the People's Assembly. If the Assembly's approval cannot be secured, the declaration of the State of Emergency shall cease to be in force from the day it is not approved. Any measures officially implemented prior to the annulment of the declaration shall be lawful.

CHAPTER 3
Article 7

The Cabinet is authorized to pass an order, as may be necessary, restricting any fundamental right of any person suspected of having committed or believed to be about to commit, any act which endangers the sovereignty and security of the state or public peace and tranquility.

Article 8

For the implementation of the authorization mentioned under Article 7, the Cabinet may form a Central Board on its behalf, chaired by the Minister of Home and Religious Affairs. The Minister of Defense and the Minister of Foreign Affairs shall be members of the Central Board.

Article 9

In restricting fundamental rights of citizens, the following principles shall be strictly adhered to:
(a) The restriction order shall be laid down by the Central Board only;

(b) Only necessary restriction of fundamental rights shall be decided;

(c) The duration of such restriction shall be kept to a minimum;

(d) In addition to regular review of the restriction order, earlier review of the order may be done as necessary;

(e) If sufficient facts for filing a lawsuit have been gathered, the person against whom action is taken shall be handed over to the judicial authorities immediately;

(f) The person against whom action is taken shall enjoy the fundamental rights as provided in the Constitution, in so far as these rights have not been restricted;

(g) When any threat as described in Article 7 has ceased to exist, the restriction order shall be annulled immediately;

(h) Any person detained under this Law shall, after being released, not again be arrested and imprisoned on the same charges.

CHAPTER 4
Article 10

The Central Board, in the protection of the State against dangers, has the right to implement the following measures through restrictive order:
(a) A person against whom action is taken can be detained for a period of up to ninety days. This can be extended to a period not exceeding one hundred and eighty days;

(b) If necessary, the movements of a person against whom action is taken can be restricted for a period of up to one year.

Article 11

The Central Board can implement the restrictions as described under Article 10(b) as follows:

(a) Designation of the territory to which the movements of the person against whom action is taken can be restricted;

(b) Designation of the place where the person against whom action is taken shall reside;

(c) Denial, as may be necessary, of travel;

(d) Denial of possession or use of specific materials.

Article 12

The Central Board shall obtain the approval of the Cabinet prior to the detention of a person against whom action is taken, in case such detention is considered necessary for a period longer than stipulated under Article 10(a).

Article 13

The Central Board shall obtain the prior approval of the Cabinet in case it is considered necessary to extend the restrictions mentioned under Article 10(b).

Article 14

The Cabinet may grant prior approval to continue the detention or restriction of rights of a person against whom action is taken for a period from one hundred and eighty days up to three years.

Article 15

The Central Board may, in case measures are necessary to arrest or detain a person or to restrict a person's rights, direct any Public Service to carry out such measures accordingly.

CHAPTER 5
Article 16

The Cabinet or the Central Board can review and implement, as may be necessary, any order for restriction, arrest, detention, or denial of rights:

(a) There will be at least one regular review every sixty days;

(b) Restriction orders may be altered or annulled if necessary;

(c) Arrest and detention orders may be altered or annulled if necessary;

(d) Denial orders may be altered or annulled if necessary.

CHAPTER 6
Article 17

The Central Board shall compile a regular report about its activities every ninety days.

Article 18

If necessary, the Cabinet can use the report mentioned in Article 17 to alter or annul any orders passed by the Central Board regarding restriction, arrest, detention, or denial of any rights of citizens.

CHAPTER 7
Article 19

Any person against whom action is taken has the right of appeal while action is being taken.

Article 20

Appeal can be made to the Cabinet regarding orders regulating restriction, arrest, detention or denial of rights laid down by the Central Board under this Law. The Cabinet can annul, alter or approve the order as may be necessary.

Article 21

If the Central Board considers it necessary to extend any orders passed under this Law with prior permission from the Cabinet, an appeal can be sent to the Council of People's Justices. The Council may alter, annul or approve the order as may be necessary.

CHAPTER 8
Article 22

Any person against whom action is taken, who opposes, resists or disobeys any order passed under this Law shall be liable to imprisonment for a period of up to three years, or a fine of up to five thousand kyats, or to both.

Article 23

Any provision under Article 7 shall be implemented only according to this Law.

Article 24

For the purpose of effective and successful implementation of the provisions contained in this Law, the Cabinet may issue notifications, orders, directives and procedures as may be necessary.

AMENDMENTS

State Law and Order Restoration Council (SLORC) Notification No. 11/91, dated 9 August 1991, amended the State Protection Law. The salient amendments were that the right of appeal under Article 21 was repealed, and that the maximum prison sentence under Articles 14 and 22 went up from three to five years. The amendments were made applicable retrospectively.

NOTE
The Burmese-language version of the Law does not give the exact date it was passed, it just says '1975'. However, according to the translation by O.M. Tun (published in Oslo, Norway on 18 May 1994), the State Protection Law was enacted on 5 February 1975 as the "Law to Protect the State from the Dangers of Those Saboteurs Seeking to Damage It".

The Unlawful Associations Act

[India Act XIV, 1908.] (11th December 1908)]

1-14. * * *

PART II.

UNLAWFUL ASSOCIATIONS.

15. In this Part -

(1) "association" means any combination or body of persons, whether the same be known by any distinctive name or not; and

(2) "unlawful association' means an association -

(a) which encourages or aids persons to commit acts of violence or intimidation or of which the members habitually commit such acts, or

(b) which has been declared to be unlawful by the President of the Union-under the powers hereby conferred.

16. If the President of the Union is of opinion that any association interferes of has for its object interference with the administration of the low of with the maintenance of law and order, or that it constitutes an danger to the public peace, the President of the Union may, by notification in the Gazette, declare such association to be unlawful.

17. (1) Whoever is a member of an unlawful association, or takes part in meetings of any such association, or contributes or receives or solicits any contribution for the purpose of any such association or in any way assists the operations of any such association, shall be punished with imprisonment for a term [which shall not be less than two years and more than three years and shall also be liable to fine] (1).

(2) Whoever manages or assists in the management of an unlawful association, or promotes or assists in promoting a meeting of any such association, or of any members thereof as such members, shall be punished with imprisonment for a term [which shall not be less than three years and more than five years and shall also be liable to fine] (1)

(3) * * * (2)
17A. (1) The president of the Union may, by notification in the Gazette, mortify and place which in his opinion is used for the purposes of an unlawful association.

Explanation - For the purposes of this section "place" includes an house or building, or part thereof, or a tent or vessel.

(2) The District Magistrate, or any officer authorized in this behalf in writing by the District Magistrate, may thereupon take possession of the notified place and evict therefrom any person found therein, and shall forthwith make a report of the taking possession to the President of the Union:

Provided that where such place contains any apartment occupied by women or children, reasonable time and facilities shall be afforded for their withdrawal with the least possible inconvenience.

(3) A notified place whereof possession is taken under sub-section (2) shall be deemed to remain in the possession of Government so long as the notification under sub section (1) in respect thereof remains in force.

17B. (1) The District Magistrate, or officer taking possession of a notified place, shall also take possession of all movable property found therein and shall make a list thereof in the presence of two respectable witnesses.

(2) If, in the opinion if the District magistrate, any articles specified in the list are or may be used for the purposes of the unlawful association, he may proceed subject to the provisions hereafter contained in this section to order such articles to be forfeited to the State.

(3) All other articles specified in the list shall be delivered to the person whom he considers to be entitled to possession thereof, or, if no such person is found, shall be disposed of in such manner as the District Magistrate may direct.

(4) The District magistrate shall publish, as nearly as may be in the manner provided in section 87 of the code of Criminal procedure for the publication of a proclamation, a notice specifying the articles which it is proposed to forfeit and calling upon any person claiming that any article is not liable to forfeiture to submit in writing within fifteen days any representation he desires to make against the forfeiture of the article.

(5) Where any such representation is accepted by the District Magistrate, he shall deal with the article concerned in accordance with the provisions of sub-section (3).

(6) Where any such representation is rejected, the representation, with the decision thereon, shall be forwarded to the District Judge, in the case of a decision by a District Magistrate, and no order of forfeiture shall be made until the district Judge has adjudicated upon the representation. Where the decision is no confirmed the articles shall be dealt with in accordance with the provisions of sub-section (3).

(7) In making adjudication under sub-section (6) the procedure to be followed shall be the procedure laid down in the code of civil Procedure for the investigation of claims, so far as it can be made to apply, and the decision of the District Judge shall be final.

(8) If the article seized is livestock or is of a perishable nature, the District Magistrate may, if he thinks it expedient, order the immediate sale thereof, and the proceeds of the sale shall be disposed of in the manner herein provided for the disposal of other articles.

17C. Any person who enters or remains upon a notified place with out the permission of the district magistrate, or of an officer authorized by him in this behalf, shall be deemed to commit criminal trespass.

17D. Before a notification under sub-section (1) of section 17A is cancelled, the President of the Union shall give such general or special directions as he may deem requisite regulation the relinquishment by government of possession of notified places.
17E. (1) Where the President of the Union is satisfied, after such inquiry as he may think fit, that any monies, securities or credits are beig used or are intended to be used for the purposes of an unlawful association, the President of the Union may, by order in writing, declare such monies, securities or credits to be forfeited to the State.

(2) a copy of an order under sub-section (1) may be served on the person copy such person shall pay or deliver the monies, securities or credits to the order of the President of the Union.:

Provided that, in the case of monies or securities, a copy of the order may be endorsed for execution to such officer as the President of the Union may select, and such officer shall have power to enter upon an search for such monies and securities in any premises where they may reasonably be suspected to be, and to seize the same.

(3) Before and order of forfeiture is made under sub-section (1) the President of the Union shall give written notice to the person (if any) in whose custody the monies, securities or credits are found of his intention to forfeit, and any person aggrieved thereby may within fifteen days from the issue of such notice file and application to the District Judge in a District to establish that the monies, securities or credits or any of them are not liable to forfeiture, and if any such application is made, no order of forfeiture shall be passed in respect of the monies, securities or credits concerned until such application has been disposed of and unless the District Judge has decided that the monies, securities or credits are liable to forfeiture.

(4) In disposing of an application under sub-section (3) the procedure to the investigation or claims, so far as it can be made to apply, and the decision of the District Judge shall be final.

(5) Where the President of the Union has reason to believe that any person has custody of any monies, securities or credits which are being used or are intended to be used for the purposes of an unlawful association, the President of the Union may, by order in writing, prohibit such person from paying, delivering, transferring or otherwise dealing in any manner whatsoever with the same, save in accordance with the written orders of the President of the Union. A copy of such order shall be served upon the person to whom it is directed.

(6) The President of the Union may endorse a copy of an order under sub-section (3) for investigation to any officer he may select, and such copy shall be warrant whereunder such officer may enter upon any premises of the person to whom the order is directed, examine the books of such person, search for monies and securities, and make inquiries from such person, or any officer, agent or servant of such person, touching the origin of and dealings in any monies, securities or credits which the investigating officer may suspect are being used or are intended to be used for the purposes of an unlawful association.

(7) A copy of an order under this section may be served in the manner provided in the Code of Criminal Procedure for the service of a summons, or, where the person to be served is a corporation, company, bank or association of persons, it may be served on any secretary, director or other officer or person concerned with the management thereof, or by leaving it or sending it by post addressed to the corporation, company, bank or association at its registered office, or, where there is no registered office, at the place where it carries on business.

(8) Where and order of forfeiture is made under sub-section (1) in respect of any monies, securities or credits in respect of which a prohibitory order has been made under sub-section (3), such order of forfeiture shall have effect from the date of the prohibitory order, and the person to whom the prohibitory order was directed shall pay or deliver the whole of the monies, securities, or credits forfeited to the order of the President of the Union.

(9) Where any person liable under this section to pay or deliver any monies, securities or credits to the order of the President of the Union refuses or fails to comply with any direction of the President of the Union in this behalf, the President of the Union may recover from such person, as arrears of land-revenue or as a fine, the amount of such monies or credits or the market value of such securities.

(10) In this section, "security" includes a document whereby any person acknowledges that he is under a legal liability to pay money, or whereunder any person obtains a legal right to the payment of money; and the market value of any security means the value as fixed y any officer or person deputed by the President of the President of the Union.

(11) Except sol far as is necessary for the Purposes of any proceeding Under this section, no information obtained in the course of any investigation made under sub-section (6) shall be divulged by any officer of Government without the consent of the President of the Union.

17F. Every report of the taking possession of property and every declaration of forfeiture made, or purporting to be made under this Act shall, as against all persons, be conclusive proof that the property specified therein has been taken possession of by Government or has been forfeited, as the case may be, and save as provided in sections 17B and 17E no proceeding purporting to be taken under section 17A, 17B, 17C, 17D, or 17E, shall be called in question by any Court, and no civil or criminal proceeding shall be instituted against any person for anything in good faith done or intended to be done under the said sections or against Government or person action on behalf of or by authority of Government for any loss or damage caused to or in respect of any property whereof possession has been taken by government under this Act.
18. An association shall not be deemed to have ceased to exist by reason only of any formal act of dissolution or change of title, but shall be deemed to continue so long as any actual combination for the purposes of such association continues between any members thereof.

(1) Substituted by Act LXI, 1954.

(2) Deleted ibid.

The Code of Criminal Procedure

TABLE OF CONTENTS
PART I
Preliminary

CHAPTER I

Sections

1. Extent
2-3. * * * *
4. Definitions
Words referring to acts
Words to have same meaning as in Penal Code.
5. Trial of offences under Penal Code
Trial of offences against other laws.
PART II
Constitution and Powers of Criminal Courts and Offices

CHAPTER II
OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES

A. - Classes of Criminal Courts.

6. Classes of Criminal Courts.
B. - Territorial Divisions

7. Sessions divisions and districts.
Power to alter divisions and districts.
Existing divisions and districts maintained till altered.
8. Power to divide districts into sub-divisions&
existing sub-divisions maintained.
C. - Courts and Offices.

9. Court of Session.
10. District Magistrate.
11. Officers temporarily succeeding to vacancies in office of District Magistrate.
12. Subordinate Magistrates.
Local limits of their jurisdiction.
13. Power to put Magistrate in charge of sub-division.
Delegation of powers to District Magistrate.
14. Special Magistrates.
15. Benches of Magistrates.
Powers exercisable by Bench in absence of special direction.
16. Power to frame rules for guidance of Benches.
17. Subordination of Magistrates and Benches to District Magistrate; toSub-divisional Magistrate.
Subordination of Assistant Sessions Judges to Sessions Judge.
18-21 * * * *
E.- Justices of the Peace.

22. * * * *
23-27. * * * *
CHAPTER III
Powers of Courts

A. - Description of Offences cognizable by each Court.

28. Offences under Penal Code.
29. Offences under other laws.
29A. * * * *
29B. * * * *
30. Offences not punishable with death.
B. - Sentences which may be passed by Courts of various Classes.

31. Sentences which High Court and Sessions Judges may pass.
32. Sentences which Magistrates may pass.
33. Power of Magistrates to sentence to imprisonment in default of fine
Proviso as to certain cases.
34. Higher powers of certain Distinct Magistrates
34A. * * * *
35 Sentence in cases of conviction of several offences at one trial :,
Maximum term of punishment.
C. - Ordinary and Additional Powers.
36. Ordinary powers of Magistrates.
37. Additional powers conferrable on Magistrates.
38. Control of District Magistrate’s investing power
D. - Conferment, Contnuance and Cancellation of Powers.
39. Mode of conferring powers.
40. Powers of officers appointed.
41. Powers may be cancelled.
PART III
General Provisions

CHAPTER IV
OF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND PERSONS MAKING ARRESTS

42. Public when to assist Magistrate and police.
43. Aid to person, other than police-officer, executing warrant.
44. Public to give information of certain offences.
45. Village-headmen, landholders and others bound to report certain matters.
Appointment of village-headmen by District Magistrate or Sub-divisional.
Magistrate in certain cases for purposes of this section.
CHAPTER V
OF ARREST, ESCAPE AND RETAKING

A. - Arrest generally.

46. Arrest how made.
Resisting endeavour to-arrest.
47. Search of place entered by person sought to be arrested.
48. Procedure where ingress not obtainable.
* * * *
49. Power to break open doors and windows for purposes of liberation.
50. No unnecessary restraint.
51. Search of arrested persons.
52. Mode of searching women.
53. Power to seize offensive weapons
B. - Arrest without Warrant
54. When police may arrest without warrant
55. Arrest of vagabonds. habitual robbers, etc.
56. Police-officer may depute subordinate to arrest without warrant.
57. Refusal to give name and residence.
58. Pursuit of offenders into other jurisdictions.
59. Arrest by private persons and procedure on such arrest.
60. Person arrested to be taken before officer in charge of police-station.
61. Person arrested not to be detained more than twenty-four hours.
62. Police to report apprehensions.
63. Discharge of person apprehended.
64. Offence committed in Magistrate’s presence.
65. Arrest by or in presence of Magistrate.
66. Power, on escape, to pursue and retake.
67. Provisions of sections 47. 48 and 49 to apply to arrests under section 66.
CHAPTER VI
OF PROCESSES TO COMPEL APPENARANCE

A. - Summons.
68. Form of summons
Summons by whom served.
69. Summons how served.
Signature of receipt for summons.
70. Service when person summoned cannot be found.
71. Procedure when service cannot be effected as before provided.
72. Service on servant of Government or of Railway Administration
73. Service of summons outside local limits.
74. Proof of service in such cases, and when serving officer not present.
B. - Warrant of Arrest.
75. Form of warrant of arrest.
Continuance of warrant of arrest.
76. Court may direct security to be taken.
Recognizance to be forwarded.
77. Warrants to whom directed.
Warrants to several persons.
78. Warrant may be directed to landholder, etc.
79. Warrant directed to police-officer.
80. Notification of substance of warrant.
81. Person arrested to be brought before Court without delay.
82. Where warrant may be executed.
83. Warrant forwarded for execution outside jurisdiction.
84. Warrant directed to police-officer for execution outside jurisdiction
85. Procedure on arrest of person against whom warrant issued.
86. Procedure by Magistrate before whom person arrested is brought.
C. - Proclamation and Attachment.
87. Proclamation for person absconding.
88. Attachment of property of person absconding.
89. Restoration of attached property.
D. - Other Rules regarding Processes.
90. Issue of warrant in lieu of. or in addition to. summons.
91. Power to take bond for appearance.
92. Arrest on breach of bond for appearance.
93. Provisions of this Chapter generally applicable to summons and
warrants of arrest.
CHAPTER VII
OF PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER MOVEABLE PROPERTY, AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED

A. - Summons to produce.

94. Summons to produce document or other thing.
95. Procedure as to letters and telegrams.
B. - Search-warrants.
96. When search-warrant may be issued.
97. Power to restrict warrant.
98. Search of house suspected to contain stolen property, forged documents. etc.
99. Disposal of things found in search beyond jurisdiction.
99A. Power to declare certain publications forfeited. and to issue search- warrants for the same.
99B. Application to High Court to set aside order of forfeiture.
99C. Hearing by Special Bench.
99D. Order of Special Bench setting aside forfeiture.
99E. Evidence to prove nature or tendency of newspapers
99F. Procedure in High Court.
99G. Jurisdiction barred.
C. - Discovery of Persons wrongfully confined.
100. Search for persons wrongfully confined.
D. - General Provisions relating to Searches
101. Direction, etc., of search-warrants.
102. Persons in charge of closed place to allow search.
103. Search to be made in presences of witnesses.
Occupant of place searched may attend:
E. - Miscellaneous
104. Power to impound documents, etc.. produced.
105. Magistrate may direct search in his presence.

PART IV
Prevention of Offences

CHAPTER VIII
OF SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

A. - Security for keeping the Peace on Conviction
106. Security for keeping the peace on conviction.
B. - Security for keeping the Peace in other Cases and Security for Good Behaviour
107. Security for keeping the peace in other cases. .
Procedure of Magistrate not empowered to act tinder sub-section(I).
108. Security for good behaviour from persons disseminating seditious 36 matter.
109. Security for good behaviour from vagrants and suspected persons.
110. Security for good behaviour from habitual offenders.
111. * * * *
112. Order to be made.
113. Procedure in respect of person present in Court.
114. Summons or warrant in case of person not so present
115. Copy of order under section 112 to accompany summons or warrant.
116. Power to dispense with personal attendance.
117. Inquiry as to truth of information.
118. Order to give security
119. Discharge of person informed against.
C. - Proceedings in all Cases subsequent to Order to furnish Security
120. Commencement of period for which security is required.
121. Contents of bond.
122. Power to reject sureties.
123. Imprisonment in default of security.
Proceedings when to be laid before Court of Session.
Kind of imprisonment.
124. Power to release persons imprisoned for failing to give security.
125. Power of District Magistrate to cancel any bond for keeping the peace or good behaviour.
126. Discharge of sureties.
126A. Security for unexpired period of bond.
CHAPTER IX
UNLAWFUL ASSEMBLIES
127. Assembly to disperse on command of Magistrate or police-officer.
128. Use of civil force to disperse.
129. Use of military force.
130. Duty of officer commanding troops required by Magistrate to disperse assembly.
131. Power of commissioned military officers to disperse assembly.
132. Protection against prosecution for acts done under this Chapter.
CHAPTER X
PUBLIC NUISANCE
133. Conditional order for removal of nuisance.
134. Service or notification of order.
135. Person to whom order is addressed to obey or show cause.
136. Consequence of his failing to do so.
137. Procedure where he appears to show cause.
138. * * * *
139. * * * *
139A. Procedure where existence of public right is denied.
140. Procedure on order being made absolute 49 Consequences of disobedience to order.
141. * * * *
142. Injunction pending inquiry.
143. Magistrate may prohibit repetition or continuance of public nuisance
CHAPTER XI
TEMPORARY ORDERS IN URGENT CASES OF NUISANCE OR APPREHENDED DANGER
144. Power to issue order absolute at once in urgent cases of nuisance or apprehended danger.
CHAPTER XII
DISPUTES AS TO IMMOVEABLE PROPERTY
145. Procedure where dispute concerning land. etc., is likely to cause breach of peace.
Inquiry as to possession.
Party in possession to retain possession until legally evicted.
146. Power to attach subject of dispute.
147. Disputes concerning rights of use of immoveable property. etc.,
148. Local inquiry.
Order as to costs.
CHAPTER XIII
PREVENTIVE ACTION OF THE POLICE
149. Police to prevent cognizable offences
150. Information of design to commit such offences
151. Arrest to prevent such offences
152. Prevention of injury to public property
153. Inspection of weights and measures.
PART V
INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE

CHAPTER XIV

154. Information in cognizable cases.
155. Information in non-cognizable cases.
Investigation into non-cognizable cases.
156. Investigation into cognizable cases.
157. Procedure where cognizable offence suspected ─
where local investigation dispensed. with
where police-officer in charge sees no sufficient ground for investigation.
158. Reports under section 157 how submitted.
159. Power to hold investigation or preliminary inquiry.
160. Police-officer’s power to require attendance of witnesses.
161. Examination of witnesses by police.
162. Statements to police not to be signed; use of such statements in evidence.
163. No inducement to be offered.
164. Power to record statements and confessions.
165. Search by police-officer.
166. When officer in charge of police-station may require another to make search.
167. Procedure when investigation cannot be completed in twenty-four hours.
168. Report of investigation by subordinate police-officer.
169. Release of accused when evidence deficient.
170. Case to be sent to Magistrate when evidence is sufficient.
171. Complainants and witnesses not to be required to accompany police-officer.
Complainants and witnesses not to be subjected to restraint.
Recusant complainant or witness may be forwarded in custody.
172. Diary of proceedings in investigation.
173. Report of police-officer.
174. Police to inquire and report on suicide. etc.
175. Power to summon persons.
176. Inquiry by Magistrate into cause of death.
Power to disinter corpses.
PART VI
Proceeding in Prosecutions

CHAPTER XV
OF THE JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

A. - Place of Inquiry or Trial

177. Ordinary place of inquiry and trial.
178. Power to order cases to be tried in different sessions divisions.
179. Accused triable in district where act is done. or where consequence ensues
180. Place of trial where act is offence by reason of relation to other offence.
181. Being a thug or belonging to a gang of dacoits, escape from custody, etc
Criminal misappropriation and criminal breach of trust.
Theft
Kidnapping and abduction.
182. Place of inquiry or trial where scene of offence is uncertain, or not in one district only, or where offence is continuing, or consists of several acts.
183. Offence committed on a journey.
184. * * * *
185. High Court to decide, in case of doubt, district where inquiry or trail shall take place.
186. Power to issue summons or warrant for offence committed beyond local jurisdiction.
Magistrate’s procedure on arrest.
187. Procedure where warrant issued by subordinate Magistrate.
188. Liability of the citizens of the Union for offences committed out of the Union of Myanmar.
189. Power to direct copies of depositions and exhibits to be received evidence.
B. - Conditions requisite for Initiation of Proceedings
190. Cognizance of offences by Magistrates.
191. Transfer or commitment on application of accused.
192. Transfer of cases by Magistrates.
193. Cognizance of offences by Courts of Session.
194. Cognizance of offences by High Court.
Information by Attorney-General.
195. Prosecution for Contempt of lawful authority of public servants.
Prosecution for certain offences against public justice.
Prosecution for certain offences relating to documents given in evidence.
196. Prosecution for offences against the State and for offences relating to elections.
196A. Prosecution for certain classes of criminal conspiracy.
196B. Preliminary inquiry in certain cases.
197. Prosecution of Judges and public servants
Power of President as to prosecution.
198. Prosecution for breach of contract, defamation, and offences against marriage.
199. Prosecution for adultery or enticing a married woman.
199A. Objection by lawful guardian to complaint by person other than person aggrieved.
CHAPTER XVI
OF COMPLAINTS TO MAGISTRATES
200. Examination of complainant.
201. Procedure by Magistrate not competent to take cognizance of the case.
202. Postponement for issue of process.
203. Dismissal of complaint.
CHAPTER XVII
OF THE COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
204. Issue of process.
205. Magistrate may dispense with personal attendance of accused.
CHAPTER XVIII
OF INQUIRY INTO CASES TRIABLE BY THE COURT OF SESSION OR HIGH COURT
206. Power to commit for trial.
207. Procedure in inquiries preparatory to commitment.
208. Taking of evidence produced.
Process for production of further evidence.
209. When accused person to be discharged.
210. When charge is to be framed.
Charge to be explained, and copy furnished, to accused.
211. List of witnesses for defence on trial
Further list.
212. Power of Magistrate to examine such witnesses.
213. Order of commitment.
214. * * * *
215. Quashing commitments under section 2 13.
216. Summons to witnesses for defence when accused is committed.
Refusal to summon unnecessary’ witness unless deposit made.
217. Bond of complainants and witnesses.
Detention in custody in case of refusal to attend or to execute bond.
218. Commitment when to be notified.
Charge. etc., to be forwarded to 1-Iulh Court or Court of Session.
* * * *
219. Power to summon supplementary witnesses
220. Custody of accused pending trial.
CHAPTER XIX
OF THE CHARGE

Form of Charges

221. Charge to state offence.
Specific name of offence sufficient description
How stated when offence has no specific name.
What implied in charge
Language of charge.
Previous conviction when to be set out.
222. Particulars as to time, place and person.
223. When manner of committing offence must be stated.
224. Words in charge taken in sense of law under which offence is punishable.
225. Effect of errors.
226. Procedure on commitment without charge or with imperfect charge.
227. Court may alter charge
228. When trial may proceed immediately after alteration
229. * * * *
230. Stay of proceedings if prosecution of offence in altered charge requires previous sanction
231. * * * *
232. Effect of material error.
Joinder of Charges
233. Separate charges for distinct offences
234. Three offences of same kind within year may be charged together.
235. Trial for more than one offence.
Offence falling within two definitions.
Acts constituting one offence, but constituting when combined a different offence.
236. Where it is doubtful what offence has been committed. .
237. When a person is charged with one offence, he can be convicted of another.
238. When offence proved included in offence charged.
239. What persons may be charged jointly.
240. Withdrawal of remaining charges on conviction on one of several charges.
CHAPTER XX
OF THE TRIAL OF SUMMONS-CASES BY MAGISTRATES
241. Procedure in summons-cases.
242. Substance of accusation to be stated.
243. Conviction on admission of truth of accusation.
244. Procedure when no such admission is made.
245. Acquittal.
Sentence.
246. Finding not limited by complaint or summons
247. Non-appearance of complainant.
248. Withdrawal of complainant.
249. Power to stop proceedings when no complainant.
Frivolous Accusation in Sommons and Warrant Cases
250. False, frivolous or vexatious accusations.
CHAPTER XXI
OF THE TRIAL OF WARRANT-CASES BY MAGISTRATES
251. Procedure in warrant-cases
252. Evidence for prosecution.
253. Discharge of accused.
254. Charge to be framed when offence appears proved.
255. Plea.
255A. Procedure in case of previous convictions.
256. Defence.
257. Process for compelling production of evidence at instance of accused.
258. Acquittal.
Conviction.
259. Absence of complainant.
CHAPTER XXII
OF SUMMARY TRIALS
260. Power to try summarily.
261. Power to invest Bench of Magistrates invested with less power.
262. Procedure for summons and warrant-cases applicable.
Limit of imprisonment.
263. Record in cases where there is no appeal.
264. Record in appeal able cases.
265. Language of record and judgment
Bench may be authorized to employ clerk.
CHAPTER XXIII
OF TRIALS BEFORE THE HIGH COURT AND COURTS OF SESSION

A. - Preliminary

266. * * * *
267. Trials before High Court to be by jury
268. * * * *
269. President may order trials before Court of Session to be by jury.
270. Trial before Court of Session to be conducted by Public Prosecutor.
B. - commencement of Proceedings
271. Commencement of trial.
Plea of guilty
272. Refusal to plead or claim to be tried.
Trial by same jury of several offenders in succession.
273. Entry on unsustainable charges.
Effect of entry.
C. - Choosing a Jury
274. Number of injury
275. * * * *
276. Jurors to he chosen by lot
Existing practice maintained.
persons not summoned when eligible.
trials before special jurors.
277. Names of jurors to be called.
Objection to jurors.
Objection without grounds stated.
278. Grounds of objection.
279. Decision of objection.
Supply of place of junior against whom objection allowed.
280. Foreman of jury.
281. Swearing of jurors.
282. Procedure when juror ceases to attend. etc.,
283. Discharge of jury in case of sickness of prisoner.
D. - Choosing Assessors
284. * * * *
284A. * * * *
285. * * * *
DD. - Joint Trials
285A. * * * *
E. - Trial to close of Cases for Prosecution and Defence.
286. Opening case for prosecution.
Examination of witnesses.
287. Examination of accused before Magistrate to be evidence.
288. Evidence given at preliminary inquiry admissible.
289. Procedure after examination of witnesses for prosecution.
290. Defence.
291. Right of accused as to examination and summoning of witnesses.
292. Prosecutors right of reply.
293. View by jury.
294. When juror may be examined.
295. Jury to attend at adjourned sitting. .
296. Locking up jury.
F. - Conclusion of Trial in Cases tried by Jury.
297. Charge to jury.
298. Duty of Judge.
299. Duty of jury. .
300. Retirement to consider.
301. Delivery of verdict.
302. Procedure where jury differ
303. Verdict to be given on each charge.
Judge may question jury.
Questions and answers to be recorded.
304. Amending verdict.
305. Verdict in High Court when to prevail.
Discharge of jury in other cases.
306. Verdict in Court of Session when to prevail
307. Procedure where Sessions Judge disagrees with verdict.
G. - Re-trial of Accused after Discharge of Jury.
308. Re-trial of accused after discharge of jury.
H. - Conclustion of Trial in cases tried without a Jury.
309. Judgment 115
I. - Procedure in case of Previous Conviction.
310. Procedure in case of previous conviction.
311. When evidence of previous conviction may be given.
J. - List of Jurrors for Hight Court and Summoning Jurors for that Court.
312. Number of special jurors..
313. Lists of common and special jurors
Discretion of officer preparing lists
314. Publication of lists, preliminary and revised.
315. Number of jurors to be summoned.
Supplementary summons
316. Summoning jurors outside the place of sitting of the High Court
317. Military jurors.
318. Failure of jurors to attend.
K. - List of Jurors for Court of Session and summoning Jurors for that Court.
319. Liability to serve as jurors.
320. Exemptions.
321. List of jurors.
322. Publication of list.
323. Objections to list.
324. Revision of list.
Annual revision of list.
325. Preparation of list of special jurors.
326. Clerk of the court to summon jurors.
327. Power to summon another set of jurors.
328. Form and contents of summons.
329. When Government or Railway servant may be excused.
330. Court may excuse attendance of juror.
Court may relieve special jurors from liability to serve again as jurors for twelve months.
331. List of jurors attending.
332. Penalty for non-attendance of juror.
L. - Special Provisions for the High Court.
333. Power of Attorney-General to stay prosecution.
334. Time of holding sittings.
335. Place of holding sittings.
Notice of sittings.
336. * * * *
CHAPTER XXIV
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS.
337. Tender of pardon to accomplice.
338. Power to direct tender of pardon.
339. Commitment of person to whom pardon has been tendered.
339A. Procedure in trial of person under section 339.
340. Right of person against whom proceedings are instituted to be defended and his competency to be a witness.
341. Procedure where accused does not understand proceedings
342. Power to examine the accused.
343. No influence to be used to induce disclosures.
344. Power to postpone or adjourn proceedings.
Remand.
Reasonable cause for remand.
345. Compounding offences.
346. Procedure of Magistrate in cases which he cannot dispose of
347. Procedure when after commencement of inquiry or trial Magistrate finds case should be committed.
348. Trial of persons previously convicted of offences against coinage, stamp law or property.
349. Procedure when Magistrate cannot pass sentence sufficiently severe.
350. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.
350A. Changes in constitution of Benches.
351. Detention of offenders attending Court.
352. Courts to be open.
CHAPTER XXV
OF THE MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS
353. Evidence to be taken in presence of accused.
354. * * * *
355. Record in summons-cases, and in trials of certain offences by first and second class Magistrates.
356. Record in other cases.
* * * *
357. * * * *
358. Option to Magistrate in cases under section 355.
359. Mode of recording evidence under section 356.
360. Procedure in regard to such evidence when completed.
361. Interpretation of evidence to accused or his pleader.
362. * * * *
363. Remarks respecting demeanour of witness.
364. Examination of accused how recorded.
365. Record of evidence in Health Court.
CHAPTER XXVI
OF THE JUDGMENT
366. Mode of delivering judgment.
367. Language of judgment.
Contents of judgment.
Judgment in alternative.
368. Sentence of death.
Sentence of transportation
369. Court not to alter judgment.
370. * * * *
371. Copy of judgment. etc.. to be given to accused on application
Case of person sentenced to death.
372. Judgment where to be filed.
373. Court of Session to send copy or finding and sentence to District Magistrate.
CHAPTER XXVII
OF THE SUBMISSION OF SENTENCES FOR CONFIRMATION
374. Sentence of death to be submitted by Court of Session.
375. Power to direct further inquiry to be made or additional evidence to be taken.
376. Power of High Court to confirm sentence or annul conviction.
377. Conformation or new sentence to be signed by two Judges.
378. Procedure in case of difference of opinion.
379. Procedure in cases of submitted to High Court for confirmation.
380. * * * *
CHAPTER XXVIII
OF EXECUTION
381. Execution of order passed under section 376.
382. Postponement of capital sentence on pregnant woman
383. Execution of sentences of transportation or imprisonment in other cases.
384. Direction of warrant for execution.
385. Warrant with whom to be lodged.
386. Warrant for levy of fine.
387. Effect of such warrant.
388. Suspension of execution of sentence of imprisonment.
389. Who may issue warrant.
390. Execution of sentence of whipping only.
391. Execution of sentence of whipping in addition to imprisonment.
392. Mode of inflicting punishment.
Limit of number of stripes
393. Not to be executed by installments.
Exemptions.
394. Whipping not to be inflicted if offender not in fit state of health.
Stay of execution.
395. Procedure if punishment cannot be inflicted under section 394.
396. Execution of sentences on escaped convicts.
397. Sentence on offender already sentenced for another offence.
398. Saving as to sections 396 and 397.
399. * * * *
400. Return of warrant on execution of sentence.&
CHAPTER XXIX
OF SUPENSIONS REMISSIONS AND COMMUTATIONS OF SENTENCES
401. Power to suspend or remit sentences.
402. Power to commute punishment.
CHAPTER XXX
OF PREVIOUS ACQUITTALS OR CONVICTIONS
403. Person once convicted or acquitted not to be tried for same offence.
PART VII
Of Appeal, Reference and Revision

CHAPTER XXXI
OF APPEALS

404. Unless otherwise provided, no appeal to lie.
405. Appeal from order rejecting application for restoration of attached property
406. Appeal from order requiring security for keeping the peace or for good behaviour.
406A. Appeal from order made under section 488 or 489.
407. Appeal from sentence of Magistrate of the second or third class
Transfer of appeals to first class Magistrates.
408. Appeal from sentence of Assistant Sessions Judge or Magistrate of the first class.
409. Appeals to Court of Session how heard.
410. Appeal from sentence of Court of Session.
411. * * * *
412. No appeal in certain cases when accused pleads guilty.
413. No appeal in petty cases.
414. No appeal from certain summary convictions.
415. Proviso to sections 4l3 and 414.
415A. Special right of appeal in certain cases.
416. * * * *
417. Appeal on behalf of Government in case of acquittal.
418. Appeal on what matters admissible.
419. Petition of appeal.
420. Procedure when appellant in jail
421. Summary dismissal of appeal.
422. Notice of appeal.
423. Power of appellate Court in disposing of appeal.
424. Judgments of subordinate appellate Courts.
425. Order by High court on appeal to be certified to lower Court.
426. Suspension of sentence pending appeal.
Release of appellant on bail.
427. Arrest of accused in appeal from acquittal.
428. Appellate Court may take further evidence or direct it to be taken.
429. Procedure where Judges of Court of Appeal are equally divided.
430. Finality of orders on appeal.
431. Abatement of appeals.
CHAPTER XXXII
OF REFERENCE AND REVISION
432-433. * * * *
434. Power to reserve questions arising in original jurisdiction of High Court.
Procedure when question reserved.
435. Power to call for records of inferior Courts.
436. Power to order inquiry.
437. Power to order commitment.
438. * * * *
439. High Court’s power of revision.
440. Optional with Court to hear parties.
441. * * * *
442. High Court’s order to be certified to lower Court or Magistrate.
PART VIII
Special Proceedings

CHAPTER XXXIII

443-449. * * * *
450-463. * * * *
CHAPTER XXXIV
LUNATICS
464. Procedure in case of accused being lunatic.
465. Procedure m ease of person committed before Court of Session or
High court being lunatic.
466. Release of lunatic pending investigation or trial.
Custody of lunatic.
467. Resumption of inquiry or trial.
468. Procedure on accused appearing before Magistrate or Court.
469. When accused appears to have been insane.
470. Judgement of acquittal on ground of lunacy.
471. Person acquitted on such ground to be detained in safe custody.
Power of President to relieve Inspector-General of certain functions.
472. * * * *
473. Procedure where lunatic prisoner is reported capable of making his defence.
474. Procedure where lunatic detained under section 466 or 471 is declared fit to be released.
475. Delivery of lunatic to care of relative or friend.
CHAPTER XXXV
PROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE.
476. Procedure in cases mentioned in section 195.
476A. Superior Court may complain where subordinate Court has omitted to do so.
476B. Appeals.
477. * * * *
478. Power of civil and revenue Courts to complete inquiry and commit to High Court or Court of’ Session.
479. Procedure of civil or revenue Court in such cases.
480. Procedure m certain cases of contempt.
481. Record in such cases.
482. Procedure where Court considers that case should not be dealt with under section 480.
483. When Registrar or Sub-Registrar to be deemed a civil Court within sections 480 and 482.
484. Discharge of offender on submission or apology.
485. Imprisonment or committal of person refusing to answer or produce document
486. Appeals from convictions in contempt cases.
487. Certain Judges and Magistrates not to try offences referred to in section 195 when committed before themselves.
CHAPTER XXXVI
OF THE MAINTENANCE OF WIVES AND CHILDERN
488. Order for maintenance of wives and children
Enforcement of order.
489. Alteration in allowance.
490. Enforcement of order of maintenance.
CHAPTER XXXVII
DIRECTIONS OF THE NATURE OF A HABEAS CORPUS
491. Power to issue directions of the nature of a habeas corpus.
491A. * * * *
PART IX
Supplementary Provisions

CHAPTER XXXVIII
OF THE PUBLIC PROSECUTOR

492. Power to appoint public prosecutors.
493. Public Prosecutor may plead in all Courts in cases under his charge.
Pleaders privately instructed to he under his direction.
494. Effect of withdrawal from prosecution.
495. Permission to conduct prosecution.
CHAPTER XXXIX
OF BAIL
496. In what cases bail to be taken.
497. When bail may be taken in case of non-bail able offence.
498. Power to direct admission to bail or reduction of bail.
499. Bond of accused and sureties.
500. Discharge from custody.
501. Power to order sufficient bail when that first taken is insufficient.
502. Discharge of sureties.
CHAPTER XL
OF COMMISSIONS FOR THE EXAMINATION OF WITNESSES.
503. When attendance of witness may be dispensed with.
Issue of commission, and procedure there under.
504. * * * *
505. Parties may examine witnesses.
506. Power of subordinate Magistrate to apply for issue of commission.
507. Return of commission.
508. Adjournment of inquiry or trial.
508 A. Execution of foreign commissions.
CHAPTER XLI
SPECIAL RULES OF EVIDENCE
509. Deposition of medical witness.
Power to summon medical witness.
510. Report of Chemical Examiner.
511. Previous conviction or acquittal how proved.
512. Record of evidence in absence of accused.
Record of evidence when offender unknown.
CHAPTER XLII
PROVISIONS AS TO BONDS
513. Deposit instead of recognizance.
514. Procedure on forfeiture of bond.
514A. Procedure in case of insolvency or death of surety or when a bond is forfeited.
514B. Bond required from a minor.
515. Appeal from, and revision of, orders under section 514.
516. Power to direct levy of amount due on certain recognizance.
CHAPTER XLIII
OF THE DISPOSAL OF PROPERTY
516A. Order for custody and disposal of property pending trial in certain cases.
517. Order for disposal of property regarding which offence committed.
518. Order may take form of reference to District or Sub-divisional Magistrate.
519. Payment to innocent purchaser of money found on accused
520. Stay of order under section 517.518 or 519.
521. Destruction of libelous and other matter.
522. Power to restore possession of immoveable property.
523. Procedure by police upon seizure of property taken under section 51 or stolen.
Procedure where owner of property seized unknown.
524. Procedure where no claimant appears within six months.
525. Power to sell perishable property.
CHAPTER XLIV
OF THE TRANSFER OF CRIMINAL CASES
526. High Court may transfer case, or itself try it.
Notice to Public Prosecutor of application under this section.
* * * *
526A. * * * *
527. Power of President to transfer cases and appeals.
528. Sessions Judge may withdraw cases from Assistant Sessions Judge.
District of Sub-divisional Magistrate may withdraw or refer cases.
Power to authorize District Magistrate to withdraw classes of cases.
CHAPTER XLIV. A
528A-528D. * * * *
CHAPTER XLV
OF IRREGULAR PROCEEDINGS
529. Irregularities which do not vitiate proceedings.
530. Irregularities which vitiate proceedings.
531. Proceedings in wrong place.
532. When irregular commitments may be validated.
533. Non-compliance with provisions of section 164 or 364.
534. * * * *
535. Effect of omission to prepare charge.
536. Trial without jury of offence triable by jury.
537. Finding or sentence when reversible by reason of error or omission in charge or other proceedings.
538. Attachment not illegal, person making same not trespasser for defect or want of form in proceedings.
CHAPTER XLVI
MISCELLANEOUS
539. Courts and persons before whom affidavits may be sworn.
539A. Affidavit in proof of conduct of public servant.
539B. Local inspection
540. Power to summon material witness, or examine person present.
540A. Provision for inquiries and trial being held in the absence of accused i n certain cases.
541. Power to appoint place of imprisonment.
Removal to criminal jail of accused or convicted persons who are in confinement in civil jail, and their return to the civil jail.
542. * * * *
543. Interpreter to be bound to interpret truthfully.
544. Expenses of complainants and witnesses.
545. Power of Court to pay expenses or compensation out of fine
546. Payments to be taken into account in subsequent suit.
546A. Order of payment of certain fees paid by complainant in non cognizable cases.
547. Moneys ordered to be paid recoverable as fines
548. Copies of proceedings.
549. Delivery to military authorities of persons liable to be tried by Court-martial
Apprehension of such persons.
550. Powers to police to seize property suspected to be stolen.
551. Powers of superior officers of police.
552. Power to compel restoration of abducted females.
553. * * * *
554. Power of High Court to make rules for inspection of subordinate Courts
555. Forms
556. Case in which Judge or Magistrate is personally interested.
557. Practising pleader not to sit as Magistrate in certain Courts.
558. Power to decide language of Courts.
559. Provison for powers of Judges and Magistrates being exercised by their successors in office
560. Officers concerned in sales not to purchase or bid for property.
561. Special provisions with respect to offence of rape by a husband.
561A. Saving of inherent power of High Court.
First offenders

562. Power of Court to release certain convicted offenders on probation of good conduct instead of sentencing to punishment.
Conviction and release with admonition.
563. Provision in case of offender failing to observe conditions of his recognizance.
564. Conditions as to abode of offender.
Previously convicted offenders

565. Order for notifying address of previously convicted offender.

SCHEDULE I. * * *
SCHEDULE II. - TABULAR STATEMENT OF OFFENCES.
SCHEDULE III. - ORDINARY POWERS OF MAGISTRATES.
SCHEDULE IV. - ADDITIONAL POWERS WITH WHICH MAGISTRATES MAY BE INVESTED.

The Code of Criminal Procedure Chapters I-XV

PART I
Preliminary

CHAPTER I

Sections

1.
This Act extends to the whole of the Union of Myanmar; but, in the absence of any specific provision to the contrary, nothing herein contained shall affect any special, or local law now in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.

2-3.
* * * *

4.
(1) In this Code the following words and expressions have the following meanings, unless a different intention appears from the subject or context:-

(a) "bail able offence" means an offence shown as bailable in the second schedule, or which is made bail able by any other law, for the time being in force; and "non-bailable offence" means any other offence:
Provided that the President of the Union may, by notification declare that an offence punishable under Section 188 or section 506 of the Penal Code, when committed in any area specified in the notification, shall be non-bailabe.

(Note) (b) * * *

(c) "charge" includes any head of charge when the charge contains more heads than one:

(d) * * * *

(e) "Clerk of the Court" means the Registrar of the Distinct Court appointed under the Courts Act, l945, and includes any officer specially appointed by the Chief Justice of the High Court to discharge the functions given by this Code to the Clerk of the Court.

(f) "cognizable offence" means an offence for, and "cognizable case " means a case in, which a police-officer may, in accordance with the second schedule or under any law for the time being in force, arrest without warrant:
Provided that the President of the Union may, by notification declare that any offence punishable under sections 186. 188, 189, 190, 228, 295A, 298, 505, 506 or 507 of the Penal. Code, when committed in any area specified in the notification, shall be cognizable.

(g) "Commissioner of Police" includes a Deputy Commissioner of Police;

(h) "complaint" means the allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but it does not include the report of a police-officer:

(i) * * *

(j) * * *

(k) "inquiry" includes every inquiry other than a trial conducted under this Code by a Magistrate or Court;

(l) "investigation" includes all the proceedings under this Code for the collection of evidence conducted by a police-officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf:

(m) "Judicial proceeding" includes any proceeding in the course of which evidence is or may be legally taken on oath:

(n) "non-cognizable offence" means an offence for, and "non-cognizable case" means a case in, which a police-officer may not arrest without warrant:

(o) "offence" means any act or omission made punishable by any law for the time being in force:
It also includes any act in respect of which a complaint may be made, under section 20 of the Cattle trespass Act:

(p) "officer in charge of a police-station" includes, when the officer in charge of the police-station is absent from the station-house or unable from illness or other cause to perform his duties, the police-officer present at the station-house who is next in rank to such officer and is above the rank of constable, or when the President of the Union so directs, any other police-officer so present:

(q) "place" includes also a house, building,- tent and vessel:

(r) "pleader," used with reference to any proceeding in any Court means a pleader authorized under any law for the time being in force to practice in such Court, and includes (1) an advocate of the High Court so authorized, and (2) any other person appointed with the permission. of the Court to act in such proceeding:

(s) "Police-station" means any post or place declared, generally or specially, by the President of the Union to be a police-station, and includes any local area specified by the President of the Union in this behalf:

(ss) * * *

(t) "Public Prosecutor" means any person appointed under section 492, and includes any person acting under the directions of a Public Prosecutor and any person conducting a prosecution on behalf of [the State] in the High Court in the exercise of its original criminal jurisdiction

(u) "sub-division " means a sub-division of a district:

(v) "summons-case" means a case relating to an offence, and not being a warrant-case and

(w) warrant-case" means a case relating to an offence punishable with death, transportation or imprisonment for a term exceeding six months.

(2) Words which refer to acts done- extend also to illegal omissions; and

all words and expressions used herein and defined in the Penal Code and not hereinbefore defined, shall be deemed to have the meanings respectively attributed to them by that Code.

5.
(1) All offences under the Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions hereinafter contained.

(2) All offences under am other law shall be investigated, inquired into, tried and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with itch offences.

PART II
Constitution and Powers of Criminal Courts and Offices

CHAPTER II
OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES

A. - Classes of Criminal Courts.

6.
6. Besides the High Court and Courts constituted under any law other an this Code for the time being in force, there shall be four classes of criminal Courts in the Union of Myanmar, namely :-

I.- Courts of Session:

II.- Magistrates of the first class

III.- Magistrates of the second class

IV.- Magistrates of the third class.

B. - Territorial Divisions

7.
(1) The Union of Myanmar shall consist of sessions divisions: and very sessions division shall, for the purposes of this Code, be a district or consist of districts.

(2) The President of the Union may alter the limits or the number of such divisions and districts.

(3) The sessions divisions and districts existing when this Code comes into force shall be sessions divisions and districts respectively, unless and until they are so altered.

8.
(1) The President of the Union may divide any district into subdivisions, or make any portion of any such district a sub-division and may alter the limits of any sub-division.

(2) All existing sub-divisions which are now usually put under the charge of a Magistrate shall be deemed to have been made under this Code.

C. - Courts and Offices.

9.
(1) The President of the Union shall establish a Court of Session for every sessions division, and appoint a judge of such Court.

(2) The President of the Union may, by general or special order in the Gazette, direct at what place or places the Court of Session shall hold its sitting but, until such order is made, the Courts of Sessions shall hold their sittings hereinbefore.

(3) The President of the Union may also appoint Additional Sessions judges and Assistant Sessions Judges to exercise Jurisdiction in one or more such Courts.

(4) A Sessions Judge of one sessions division may be appointed by the President of the Union to be also an Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases at such place or places in either division as the President of the Union may direct.

10.
(1) In every district the President of the Union shall appoint a Magistrate of the first class, who shall be called the District Magistrate.

(2) The President of the Union may appoint any Magistrate of the first class to be an Additional District Magistrate, and such Additional District Magistrate shall have all or any of the powers of a District Magistrate under this Code or under any other law for the time being in force, as the president of the Union may direct.

(3) For the purposes of sections 192, sub-section (1), 407, sub-section (2), and 528, sub-sections (2) and (3), such Additional District Magistrate shall be deemed to be subordinate to the District Magistrate.

11.
Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the chief executive administration of the district, such officer shall, pending the orders of the President of the Union, exercise all the powers and perform all the duties respectively conferred and imposed by this Code on the District Magistrate.

12.
(1) The President of the Union may appoint as many persons as he thinks fit, besides the District Magistrate, to be Magistrates of the first, second or third class in any district, and the President of the Union or the District Magistrate, subject to the Control of the President of the Union. may, from time to time, define local areas within which such persons may exercise all or any of the powers with which they may respectively be invested under this Code.

(Note) * * * *

(2) Except as otherwise provided by such definition, the jurisdiction and powers of such persons shall extend throughout such district.

(3) Notwithstanding anything contained in any other law, the appointment of every person as an Honorary Magistrate made prior to the cornnencement (Note) of the Code of Criminal Procedure (Amendment) Act, 1947, shall be deemed to have been made under sub-section (1) and for a period of three years only, to be reckoned from the date on which he was so appointed.

13.
(1) The President of the Union may place any Magistrate of the first or second class in charge of a sub-division, and relieve him of the charge as occasion requires.

(2) Such Magistrates shall be called Sub-divisional Magistrates.

(3) The President of the Union may delegate his powers under this section to the District Magistrate.

14.
(1) The President of the Union may confer upon any person all or any of the powers conferred or conferrable by or under this Code on a Magistrate of the first, second or third class in respect to particular cases or to a particular class or particular classes of cases, or in regard to cases generally in any local area.

(2) Such Magistrates shall be called Special Magistrates, and shall be appointed for such term as the President of the Union may by general or special order direct.

(3) The President of the Union may delegate, with such limitations as he thinks fit, to any [District Magistrate] the powers conferred by sub-section (1).

(4) No powers shall be conferred under this section on any police-officer below the grade of Assistant District Superintendent, and no powers shall be conferred on a police-officer except so far as may be necessary for preserving the peace, preventing crime and detecting, apprehending and detaining offenders in order to their being brought before a Magistrate, and for the performance by the officer of any other duties imposed upon him by any law for the time being in force.

15.
(1) The President of the Union may direct any two or more Magistrates in any place to sit together as a Bench, and may by order invest such Bench with any of the powers conferred or conferrable by or under this Code on a Magistrate of the first, second or third class, and direct it to exercise such powers in such cases, or such classes of cases only, and within such local limits, as the President of the Union thinks fit.

(2) Except as otherwise provided by any order under this section, very such Bench shall have the powers conferred by this code on a magistrate of the highest class to which any one of its members, who is present taking part in the proceedings as a member of the Bench, belongs and as far as practicable shall, for the purposes of this Code, be deemed to be a Magistrate of such class.

16.
The President of the Union may, or. subject to the control of the President of the Union, the District Magistrate may, from time to time, make rules consistent with this Code for the guidance of Magistrates' Benches in any district respecting the following subjects
(a) the classes of cases to be tried

(b) the times and places of sitting

(c) the constitution of the Bench for conducting trials:

(d) the mode of settling differences of opinion which may arise between the Magistrates in session.

17.
(1) All Magistrates appointed under sections 12, 13 and 14 and all Benches constituted under section 15, shall be subordinate to the District Magistrate, and he may, from time to time, make rules or give special orders consistent with this Code ‘as to the distribution of business among such Magistrates and Benches and

(2) Every Magistrate (other than a sub-divisional Magistrate) and every Bench exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, however, to the general control of the District Magistrate.

(3) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction, and he may, from time to tune, make rules consistent with this Code as to the distribution of business among such Assistant Sessions Judges.

(4) The Sessions Judge may also, when he himself is unavoidably absent or incapable of acting, make provision for the disposal of any urgent application by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Judge, by the District Magistrate, and such Judge or Magistrate shall have jurisdiction to deal with any such application.

(5) Neither the District Magistrate nor the Magistrates or Benches appointed or constituted under sections 12, 13, 14 and 15 shall be subordinate to the Sessions Judge, except to the extent and in the manner hereinafter expressly provided.

D.- Courts of Presidency Magistrate

18-21
* * * *

E.- Justices of the Peace.

22.
* * * *

F.- Suspension and Removal
23-27.
* * * *

CHAPTER III
Powers of Courts

A. - Description of Offences cognizable by each Court.

28.
Subject to the other provisions of this Code, any offence under the Penal Code may be tried -

(a) by the High Court, or

(b) by the Court of Session, or

(c) by any other court by which such offence is shown in the eighth column of the second schedule to be triable.

Illustration
A is committed to the Sessions Court on a Charge of culpable homicide. He may be convicted of voluntarily causing hurt, an offence triable by a Magistrate.

29.
(1) Subject to the other provisions of this Code, any offence under my other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court.

(2) When no Court is so mentioned, it may be tried by the High Court or, subject as aforesaid, by any Court constituted under this Code by which such offence is shown in the eighth column of the second schedule to be triable.

29A.
* * * * (Note)

29B.
* * * *

30.
The President of the Union may ( * * * * ) (Note) invest the District Magistrate or any Magistrate of the first class with power to try as a Magistrate all offences not punishable with death.

B. - Sentences which may be passed by Courts of various Classes.

31.
(1) The High Court may pass any sentence authorized by law.

(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorized by law ., but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.

(3) An Assistant Sessions Judge may pass any sentence authorized by law, except a sentence of death or of transportation for a term exceeding seven years or of imprisonment for a term exceeding seven years.

32.
(1) The Courts of Magistrates may pass the following sentences, namely :-

(a) Courts of Magistrates of the first class Imprisonment for a term not exceeding two years, including such solitary confinement as is authorized by law; Fine not exceeding one thousand rupees;Whipping.
(b) Courts of Magistrates of the second-class Imprisonment for a term not exceeding six months, including such solitary confinement as is authorized by law;Fine not exceeding fifty rupees.
(c) Courts of Magistrates of the third class; Imprisonment for a term not exceeding one month;Fine not exceeding fifty rupees.

(2) The Court of any Magistrate may pass any lawful sentence combining any of the sentences which it is authorized by law to pass.

33.
(1) The Court of any Magistrate may award such term of imprisonment in default of payment of fine as is authorized by law in case of such default:
Provided that-

(a) the term is not in excess of the Magistrate's powers under this Code;

(b) in any case decided by a Magistrate where imprisonment has been awarded as part of the substantive sentence, the period of imprisonment awarded in default of payment of the fine shall not exceed one-fourth of the period of imprisonment which such Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.

(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 32.

34.
The Court of a Magistrate, specially empowered under section 30, may pass any sentence authorized by law, except a sentence of death or of transportation for a term exceeding seven years or ‘imprisonment for a term exceeding seven years.

34A.
* * * * (Note)

35.
(1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 71 of the Penal Code, sentence him for such offences to the several punishments prescribed therefor which such Court is competent to inflict, such punishment, when consisting of imprisonment of transportation, to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently.

(2) In the case of consecutive sentences, it shall not be necessary for the Court, by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court:

Provided as follows:-

(a) in no case shall such person be sentenced to imprisonment for a longer period than fourteen years:

(b) if the case is tried by a Magistrate (other than a Magistrate acting under section 34), the aggregate punishment shall not exceed twice the amount of punishment which he is, in the exercise of his ordinary jurisdiction, competent to inflict.

(3) For the purpose of appeal, the aggregate of consecutive sentences passed under this section in case of convictions for several offences at one trial shall be deemed to be a single sentence.

C. - Ordinary and Additional Powers.
36.
All District Magistrates, Sub-divisional Magistrates and Magistrates of the first, second and third classes, have the powers hereinafter respectively conferred upon them and specified in the third schedule. Such powers are called their "ordinary powers."

37.
In addition to his ordinary powers, any Sub-divisional Magistrate or any Magistrate of the first, second or third class may be invested by the President of the Union or the District Magistrate, as the case may be, with any powers specified in the fourth schedule as powers with which he may be invested by the President of the Union or the District Magistrate.

38.
The power conferred on the District Magistrate by section 37 shall be exercised subject to the control of the President of the Union.

D. - Conferment, Contnuance and Cancellation of Powers.
39.
(1) In conferring powers under this Code the President of the Union may, by order, empower persons specially by name or in virtue of their office or classes of officials generally by their official titles.

(2) Every such order shall take effect from the date on which it is communicated to the person so empowered.

40.
Whenever any person holding an office in the service of the Government who has been invested with any powers under this Code throughout my local area is appointed to an equal or higher office of the same nature within a like local area, he shall, unless the President of the Union otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed.

41.
(1) The President of the Union may withdraw all or any of the powers conferred under this Code on any person by him or by any officer subordinate to him.

(2) Any powers conferred by the District Magistrate may be withdrawn by the District Magistrate.

PART III
General Provisions

CHAPTER IV
OF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND PERSONS MAKING ARRESTS

42.
Every person is bound to assist a Magistrate or police-officer reasonably demanding his aid,-
(a) in the taking or preventing the escape of any other person whom such Magistrate or police-officer is authorized to arrest;

(b) in the prevention or suppression of a breach of the peace, or, in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property.

43.
When a warrant is directed to a person other than a police-officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.

44.
(1) Every person aware of the commission of, or of the intention or any other person to commit, an offence punishable under any of the following sections of the Penal Code (namely), 121, 121A, 122, 123, 124, 124 A, 125, 126, 130, 143, 144, 145, 147, 148, 302, 303, 304, 382, 392, 393, 394, 395, 396, 397, 399, 402, 435, 436, 449, 450, 456, 457, 458, 459, and 460, shall, in the absence of reasonable excuse, the burden of proving which shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police-officer of such commission or intention.

(2) For the purposes of this section the term "offence" includes an act committed at any place out of the Union of Myanmar which would constitute a offence if committed in the Union of Myanmar.

45.
(1) Every village-headman, village police-officer, owner or occupier of land, and the agent of any such owner or occupier in charge of the management of that land, and every officer employed in the collection of revenue or rent of land on the part of Government, shall, forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police-station, whichever is the nearer, any information which he may possess respecting -
(a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in any village of which he is head-man or police-officer, or in which he owns or occupies land, or is agent, or collects revenue or rent;

(b) the resort to any place within, or the passage through. such village of any person whom he knows, or reasonably suspects to be, a thug, robber, escaped convict or proclaimed offender

(c) the commission of, or intention to commit, in or near such village any non-bail able offence or any offence punishable under section 143, 144, 145, 147, or 148 of the Penal Code.

(d) the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances, or the discovery in or near such village of any corpse or part of a corpse in circumstances which lead to a reasonable suspicion that such a death has occurred, or the disappearance from such village of any person in circumstances which lead to a reasonable suspicion that a non-bail able offence has been committed in respect of such person;

(e) the commission of, or intention to commit, at any place out of the Union of Myanmar near such village any act which, if committed in the Union of Myanmar. would be an offence punishable under any of the following sections of the Penal Code, namely, 231, 232, 233, 234, 235, 236, 237, 238, 302, 304, 382, 392, 393, 394, 395, 396, 397, 399, 402, 435, 436, 449, 450, 457, 458, 459, 460, 489A, 489B, 489C, and 489D;

(f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property respecting which the District Magistrate by general or special order made with the previous sanction of the President of the Union, has directed him to communicate information.

(2) In this section-

(i) "village" includes village-lands ; and

(ii) the expression "proclaimed offend& includes any person proclaimed as an offender by any Court or authority established or continued by the President of the Union in any part of the Union of Myanmar in respect of any act which [ * * * * ] (Note) would be punishable under any of the following sections of the Penal Code, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 399, 402, 435, 436, 449, 450, 457, 458, 459, and 460.

(3) Subject to rules in this behalf to be made by the President of the Union, the District Magistrate or Sub-divisional Magistrate may from time to time appoint one or more persons with his or their consent to perform the duties of a village-headman under this section whether a village-headman has or has not been appointed for that village under any other law.

CHAPTER V
OF ARREST, ESCAPE AND RETAKING

A. - Arrest generally.

46.
(1) In making an arrest the police-officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.

(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police-officer or other person may use all means necessary to effect the arrest.

(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with transpiration for life.

47.
If any person acting under a warrant of arrest, or any police-officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within any place, the person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police-officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein.

48.
if ingress to such place cannot be obtained under section 47, it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police-officer to enter such place and search therein, and in order to effect an entrance into such place to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if, after announcement of his authority and purpose and demand of admittance duly made, he cannot otherwise obtain admittance.

(Note) ( * * * * )

49.
Any police-officer or other person authorized to make an arrest may break open any outer or inner door or widow of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.

50.
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape

51.
Whenever a person is arrested by a police-officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail, and

whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person the police-officer to whom he makes over the person arrested, may search such person, and place in safe custody all article, other than necessary wearing apparel found upon him.

52.
Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman, with strict regard to decency.

53.
The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested.

B. - Arrest without Warrant
54.
54. (1) Any police-officer may, without an order from a Magistrate and without a warrant, arrest-
first, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned

secondly, any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking,

thirdly, any person who has been proclaimed as an offender either under this Code or by order of the President of the Union;

fourthly, any person in whose possession anything is found which may reasonably by suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing;

fifthly, any person who obstructs a police-officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody;

sixthly, any person reasonably suspected of being a deserter from [the Burma] (Note) Army. Navy or Air Force;

seventhly, any person who has been concerned in, or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been concerned in, any act committed at any place out of the Union of Myanmar which, if committed in the Union of Myanmar, would have been punishable as an offence, and for which he is, under any law relating to extradition [ * * * * ] (Note) or otherwise, liable to be apprehended or detained in custody in the Union of Myanmar;

eighthly; any released convict committing a breach of any rule made under section 565, sub-section (3),

ninthly, any person for whose arrest a requisition has been received from another police-officer. provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears there from that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

(2) * * * *

55.
(1) Any [police-officer] (Note) may, in like manner, arrest or cause to be arrested-
(a) any person found taking precautions to conceal his presence [within the limits of the police-station to which such police-officer is attached] (Note) under circumstances which afford reason to believe that he is taking such precautions with a view to committing a cognizable offence; or

(b) any person [within the limits of the police-station to which such police-officer is attached] (Note) who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself : or

(c) any person who is by repute an habitual robber, house-breaker or thief, or an habitual receiver of stolen property knowing it to be stolen, or who by repute habitually commits extortion or in order to the committing of extortion habitually puts or attempts to put persons in fear of injury.

(2) * * * *

56.
(Note) An officer in charge of a police-station or any police-officer making an investigation under Chapter XIV may require any officer subordinate to him to arrest without a warrant any person who may lawfully be arrested without a warrant.

57.
(1) When any person who in the presence of a police-officer has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.
(2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required:

Provided that, if such person is not resident in the Union of Myanmar, the bond shall be secured by a surety or sureties resident in the Union of Myanmar.

(3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should be fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

58.
A police-officer may, for the purpose of arresting without warrant any person whom he is authorized to arrest under this Chapter, pursue such person into any place in the Union of Myanmar.

59.
(1) Any private person may arrest any person who in his view commits a non-bailable and cognizable offence, or any proclaimed offender, and without unnecessary delay shall make over any person so arrested to a police-officer, or, in the absence of a police-officer, take such person or cause him to be taken in custody to the nearest police-station.

(2) If there is reason to believe that such person comes under the provisions of section 54, a police-officer shall re-arrest him.

(3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police-officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 57. If there is no sufficient reason to believe that he has committed any offence he shall be at once released.

60.
A police-officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested [ * * * * ] (Note) before the officer in charge of a police-station.

61.
No police-officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty four hours exclusive of the time necessary for the journey from the place of arrest to [the police-station, and from there to the Magistrate's Court].(Note)

62.
Officers in charge of police-stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate the cases of all persons arrested without warrant within the Limits of their respective stations, whether such persons have been admitted to bail or otherwise.

63.
No person who has been arrested by a police-officer shall be discharged except on his own bond, or on bail or under the special order of a Magistrate.

64.
When any offence is committed in the presence of a Magistrate within the local limits of his jurisdiction, he may himself arrest or order any person to arrest the offender and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.

65.
Any Magistrate may at any time arrest or direct the arrest, in his presence within the local Limits of his jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

66.
If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in the Union of Myanmar.

67.
The provisions of sections 47, 48 and 49 shall apply to arrests under section 66, although the person making any such arrest is not acting under a warrant and is not a police-officer having authority to arrest.

CHAPTER VI
OF PROCESSES TO COMPEL APPENARANCE

A. - Summons.
68.
(1) Every summons issued by a Court under this Code shall be in writing in duplicate, signed and scaled by the presiding officer of such Court or by, such other officer as the High Court may, from time to time, by rule, direct.

(2) Such summons shall be served by a police-officer or subject to such rules as the President of the Union may prescribe in this behalf, by an officer of the Court issuing it or other public servant.

69.
(1) The summons shall, if practicable, be served personally on the person summoned by delivering or tendering to him one of the duplicates of the summons.

(2) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.

(3) Service of a summons on an incorporated company or other body corporate may be effected by serving it on the secretary, local manager or other principal officer of the corporation or by registered post letter addressed to the chief officer of the corporation in the Union of Myanmar. In such case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post.

70.
Where the person summoned cannot by the exercise of due diligence be found the summons may be served by leaving one of the duplicates for him with some adult [ * * * ] (Note) member of his family; and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.

71.
If service in the manner mentioned in sections 69 and 70 cannot be the exercise of due diligence be effected, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides ; and thereupon the summons shall be deemed to have been duly served.

72.
(1) Where the person summoned is in the active service of the Government or of a Railway Administration, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in manner provided by section 69, and shall return it to the Court, under his signature with the endorsement required by that section.

(2) Such signature shall be evidence of due service.

73.
When a Court desires that a summons issued by it shall be served at any place outside the local limits of its jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within the local limits of whose jurisdiction the person summoned resides or is to be there served.

74.
(1) When a summons issued by a Court is served outside the local limits of its jurisdiction. and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate. that such summons has been served, and a duplicate of the summons purporting to be endorsed (in manner provided by section 69 or section 70) by the person to whom it was delivered or tendered or with whom it was left. shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.

(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.

B. - Warrant of Arrest.
75.
(1) Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer, or in the case of a Bench of Magistrates by any member of such Bench and shall bear the seal of the Court.

(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.

76.
(1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.

(2) The endorsement shall state-

(a) the number of sureties;

(b) the amount in which they and the person for whose arrest the warrant is issued are to be respectively bound and

(c) the time at which he is to attend before the Court.

(3) Whenever security is taken under this section the officer to whom the warrant is directed shall forward the bond to the Court

77.
(1) A warrant of arrest shall ordinarily be directed to one or more police-officers but the Court issuing such a warrant may, if its immediate execution is necessary and no police-officer is immediately available, direct it to any other person or persons and such person or persons shall execute the same.
(2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more, of them.

78.
(1) A District Magistrate or Subdivisional Magistrate may direct a warrant to any landholder. [occupier] (Note) or manager of land within his district or sub-division for the arrest of any escaped convict, proclaimed offender or person who has been accused of a non-bailable offence, and who has eluded pursuit.

(2) Such landholder, [occupier] (Note) or manager shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued is in, or enters on, his land [* *] (Note) or the land under his charge.

(3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police-officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 76.

79.
A warrant directed to any police-officer may also be executed by any other police-officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.

80.
The police-officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required shall show him the warrant.

81.
The police-officer or other person executing a warrant of arrest shall (subject to the provisions of section 76 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person.

82.
A warrant of arrest may be executed at any place in the Union of Myanmar.

83.
(1) When a warrant is to be executed outside the local limits of the jurisdiction of the Court issuing the same, such Court may, instead of directing such warrant to a police-officer, forward the same by post or otherwise to any Magistrate or District Superintendent of Police within the local limits of whose jurisdiction it is to be executed.

(2) The Magistrate or District Superintendent to whom such warrant is so forwarded shall endorse his name thereon and, if practicable, cause it to be executed in manner hereinbefore provided within the local limits of his jurisdiction.

84.
(1) When a warrant directed to a police-officer is to be executed beyond the local limits of the jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to a Magistrate or to a police-officer not below the rank of an officer in charge of a station, Within the local limits of whose jurisdiction the warrant is to be executed.

(2) Such Magistrate or police-officer shall endorse his name thereon and such endorsement shall be sufficient authority to the police-officer to whom the warrant is directed to execute the same within such limits and the local police shall, if so required. assist such officer in executing such warrant.

(3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or police-officer within the local limits of whose jurisdiction the warrant is to be executed will prevent such execution, the police-officer to whom it is directed may execute the same without such endorsement in any place beyond the local limits of the jurisdiction of the Court which issued it.

85.
When a warrant of arrest is executed outside the district in which it was issued. the person arrested shall, unless the Court which issued the warrant is within twenty miles of the place of arrest or is nearer than the Magistrate or District Superintendent of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 76, be taken before such Magistrate or District Superintendent.

86.
(1) Such Magistrate or District Superintendent shall, if the person arrested appears to be the person intended by the Court which issued the warrant, direct his removal in custody to such Court.

Provided that, if the offence is bailable, and such person is ready and willing to give bail to the satisfaction of such Magistrate or District Superintendent, or a direction has been endorsed under section 76 on the warrant and such person is ready and willing to give the security required by such direction the Magistrate or District Superintendent shall take such bail or security, as the case may be, and forward the bond to the Court which issued the warrant.

(2) Nothing in this section shall be deemed to prevent a police-officer from taking security under section 76.

C. - Proclamation and Attachment.
87.
(1) if any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant can not be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.
(2) The proclamation shall be published as follows:-

(a) It shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides.

(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village; and

(c) a copy thereof shall be affixed to some conspicuous part of the
Court-house.

(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.

88.
(1) The Court issuing a proclamation under section 87 may at any time order the attachment of any property, moveable or immoveable. or both, belonging to the proclaimed person,.

(2) Such order shall authorize the attachment of any property belonging to such person within the district in which it is made and it shall authorize the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.

(3) If the property ordered to be attached is a debt or other moveable property, the attachment under this section shall be made.-

(a) by seizure or

(b) by the appointment of a receiver ; or

(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or

(d) by all or any two of such methods, as the Court thinks fit.

(4) If the property ordered to be attached is immoveable, the attachment under this section shall, in the case of land paying revenue to Government, be made through the Collector of the district in which the land is situate, and in all other cases.-

(e) by taking possession; or

(f) by the appointment of a receiver; or

(g) by an order in writing prohibiting the payment of rent or delivery of property to the proclaimed person or to any one on his behalf; or

(h) by all or any two of such methods, as the Court thinks fit.

(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court.

(6) The powers duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure.

(6A) If any claim is preferred to. or objection made to the attachment of any property attached under this section, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under this section, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part:

Provided that any claim preferred or objection made within the period allowed by this sub-section may, in the event of death of the claimant or objector be continued by his legal representative.

(6B) Claims or objections under sub-section (6A) may be preferred or made in the Court by which the order of attachment is issued or, if the claim or objection is in respect of property attached under an order endorsed by a District Magistrate in accordance with the provisions of sub-section (2), in the Court of such Magistrate.

(6C) Every such claim or objection shall be inquired into by the Court in which it is preferred or mad;.

Provided that, if it is preferred or made in the Court of a District Magistrate, such Magistrate may make it over for disposal to any magistrate of the first or second class subordinate to him.

(6D) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (6A) may, within a period of one year from the date of such order, institute a suit to establish the ri2ht which he claims in respect of the property in dispute but subject to the result of such suit, if any, the order shall be conclusive.

(6E) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.

(7) If the proclaimed person does not appear within the time specified in the proclamation, the property under attachment shall be at the disposal of Government but it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under sub-section (64) has been disposed of under that sub-section. unless it is subject to speedy and natural decay or the Court considers that the sale would be for the benefit of the owner in either of which cases the Court may cause it to be sold whenever it thinks fit.

89.
If, within two years from the date of the attachment any person whose property is or has been at the disposal of Government, under sub-section (7) of section 88, appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property, shall, after satisfying there out all costs incurred in consequence of the attachment, be delivered to him.

D. - Other Rules regarding Processes.
90.
A Court may, in any case in which it is empowered by this Code to issue a summons for the appearance of any person other than a juror[ * * ] (Note), issue, after recording its reasons in writing, a warrant for his arrest -

(a) if, either before the issue of such summons, or after the issue of the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons; or

(b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.

91.
When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons of warrant is present in such Court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such Court.

92.
When any person who is bound by any bond taken under this Code to appear before a Court does not so appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him.

93.
The provisions contained in this Chapter relating to a summons and warrant, and their issue, service and execution, shall so far as may be apply to every summons and every warrant of arrest issued under this Code.

CHAPTER VII
OF PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER MOVEABLE PROPERTY, AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED

A. - Summons to produce.

94.
(1) Whenever any Court or any officer in charge of a police-station considers that the production of tiny document or other thing is necessary or desirable or the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be requiring him to attend and produce it. or to produce it at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same

(3) Nothing in this section shall be deemed to affect the Evidence Act, sections 123 and 124, or to apply to a letter, postcard. telegram or other document or any parcel or thing in the custody of die postal or Telegraph authorities.

95.
(1) If any document, parcel or thing in such custody is. in the opinion of any District Magistrate, High Court or Court of Session, wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Code, such Magistrate or Court may require the postal or Telegraph authorities, as the case nay be to deliver such document, parcel or thing to such person as such Magistrate or Court directs.
(2) If any such document, parcel or thing is, in the opinion of any other Magistrate or of the Commissioner of Police or any District Superintendent of Police, wanted for any such purpose, he may require the Postal or Telegraph Department, as the case may he. to cause search to be made for and to detain such document, parcel or thing pending the orders of any such District Magistrate or Court.

B. - Search-warrants.
96.
(1) Where any Court has reason to believe that a person. to whom a summons or order under section 94 or a requisition under section 95, subsection (1), has been or might be addressed. will not or would not produce the document or thing as required by such summons or requisition.
or where such document or thing is not known to the Court to be in die possession of any person.

or where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection.

it may issue a search-warrant and the person to whom such warrant is directed may search or inspect in accordance therewith and the provisions hereinafter contained.

(2) Nothing herein contained shall authorize any Magistrate other than a District Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the Postal or Telegraph authorities.

97.
The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend and the person charged with the execution of' such warrant shall then search or inspect only the place or part so specified.

98.
(1) If District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property,
or for the deposit or sale or manufacture of forged documents, false seals or counterfeit stamps or coin, or instruments or materials for counter feiting coin or stamps or for forging,

or that any forged documents, false seals or counterfeit stamps or coin, or instruments or materials used for counterfeiting coin or stamps or for forging, are kept or deposited in any place,

or if a District Magistrate or a cub-divisional Magistrate upon information and after such inquiry as he thinks necessary. has reason to believe that any place is used for the deposit sale, manufacture or production of any obscene object such as is referred to in section 292 of the Penal Code or that any such obscene objects are kept or deposited in any place,

he may by his warrant authorize any police-officer above the rank of a constable -

(a) to enter, with such assistance as may be required, such place, and

(b) to search the same in manner specified in the warrant, and

(c) to take possession of any property, documents Seals, stamps or coins therein found which he reasonably suspects to be stolen, unlawfully obtained, forged. false or counterfeit, and also of any such instruments and materials or of any such obscene objects as aforesaid, and

(d) to convey such property, documents, seals, stamps, coins, instruments or materials or such obscene objects before a magistrate,
or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose thereof in some place of safety, and

(e) to take into custody and carry before a Magistrate every person found in such place who appears to have been prive to the deposit, sale or manufacture or keeping of any such property documents, seals, stamps, coins, instruments or materials or such obscene objects, knowing or having reasonable cause to suspect the said property to have been stolen or otherwise unlawfully obtained, or the said documents, seals, stamps, coins, instruments or materials to have been forged, falsified or counterfeited, or the said instruments or materials to have been or to be intended to be used for counterfeiting coin or stamps or for forging, or the said obscene objects to have been or to be intended to be sold, let to hire, distributed, publicly exhibited, circulated, imported, or exported.

(2) The previsions of this section with respect to-

(a) Counterfeit coin.

(b) coin suspected to be counterfeit, and

(c) instruments or materials of counterfeiting coin,

shall, so far as they can be made applicable, apply respectively to-

(a) pieces of metal made in contravention of the Metal Tokens Act, or brought into the Union of Myanmar in contravention of any notification for the time being in force under section 19 of the Sea Customs Act,

(b) pieces of metal suspected to have been so made or to have been so brought into the Union of Myanmar or to be intended to be issued in contravention of the former of those Acts, and

(c) instruments or materials for making pieces of metal in contravention of that Act.

99.
When, in the execution of a search-warrant at any place beyond the local limits of the jurisdiction of the Court which issued the same, any of the things for which search is made are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court. in which case the list and things shall be immediately taken before such Magistrate and unless there be good cause to the contrary, such Magistrate shall make an order authorizing them to be taken to such Court.

99A.
(1) Where-

(a) any newspaper, or book as defined in the Press (registration) Act, or

(b) any document,

wherever printed, appears to the President of the Union to contain any seditious matter [or any matter which advocates, advises or teaches the duty, necessity. desirability or prosperity of over throwing or destroying the organs of the Union or of its constituent units by force of violence] (Note) or any matter which promotes or is intended to promote feelings of enmity or hatred between different classes of [persons resident in Myanmar] (Note) or which is deliberately and maliciously intended to outrage the religious feelings of any such class by insulting the religion or the religious beliefs of that class, that is to say, any matter the publication of which is punishable under section 124A [or section 124B] (Note) or section 153A or section 295 A of the Penal Code, the President of the Union may, by notification in the Gazette stating the grounds of his opinion, declare every copy of the issue of the newspaper containing such matter and every copy of such book or other document to be forfeited to [the State] (Note) and thereupon any police-officer may seize the same wherever found in the Union of Myanmar and any Magistrate may by warrant authorize any police-officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such issue or any such book or other document may be or may be reasonably suspected to be.

(2) in sub-section (1) "document" includes also any painting, drawing or photograph, or other visible representation.

99B.
Any person having any interest in any newspaper, book or other document, in respect of which an order of forfeiture has been made under section 99A, may, within two months form the date of such order apply to the High Court to set aside such order on the ground that the issue of the newspaper or the book or other document, in respect of which the order was made, did not contain any seditious or other matter of such a nature as is referred to in sub-section (1) of section 99A.

99C.
Every such application shall be heard and determined by a Special Bench of the High Court composed of three Judges.

99D.
(1) on receipt of the application, the Special Bench shall, if it is not satisfied that the issue of the newspaper, or the book or other document in respect of which the application has been made, contained seditious or other matter of such a nature as is referred to in sub-section (1) of section 99A, set aside the order of forfeiture.
(2) Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall he in accordance with the opinion of the majority of those Judges.

99E.
On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words signs or visible representations contained in such newspaper, in respect of which the order of forfeiture was made.

99F.
The High Court shall, as soon as conveniently may be. frame rules (Note) to regulate the procedure in the case of such applications, the amount of the costs thereof and the execution of orders passed thereon, and until such rules are framed the practice of such Court in proceedings other than suits and appeals shall apply. so far as may be practicable, to such applications.

99G.
No order passed or action taken under section 99A shall be called in question in any Court otherwise than in accordance with the provisions or section 99B.

C. - Discovery of Persons wrongfully confined.
100.
If any Magistrate of the first class or Sub-divisional Magistrate has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined, and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.

D. - General Provisions relating to Searches
101.
The Provisions of sections 43, 75, 77, 79, 82, 83, and 84 shall, so far as may be, apply to all search-warrants issued under section 96, section 98, section 99A or section 100.

102.
(1) Whenever anyplace liable to search or inspection under this Chapter is closed, any person residing in or being in charge of such place shall on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in manner provided by section 48.

(3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched. If such person is a woman, the directions of section 52 shall be observed.

103.
(Note) (1) Before making a search under this Chapter, the officer or other person about to make it shall require two or more persons to attend and witness the search and may issue an order in writing to any inhabitant of the locality in which the place to be searched is situate so to do.
(2) The search shall be make in their presence, and a list of all things seized in the course of such search and of the places in which .they are respectively found shall be prepared by such officer or other person and signed by such witness, but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it.

(Note) (3) The occupier of the place searched, or some person on his behalf, shall be permitted to attend during the search, and, if present shall be required to sign the list prepared under sub-section (2) in token of the correctness thereof, and a copy of the said list shall be delivered to such occupier or person by the officer or other person making the search.

(4) When any person is searched under section 102, sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person at his request.

(5) Any person who without reasonable cause, refuses of neglects to attend and witness a search under this section when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 187 of the Penal Code.

E. - Miscellaneous
104.
Any Court may if it thinks fit, impound any document or thing produced before it under this Code.

105.
Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant.

PART IV
Prevention of Offences

CHAPTER VIII
OF SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

A. - Security for keeping the Peace on Conviction
106.
(1) Whenever any person accused of any offence punishable under Chapter VIII of the Penal Code, other than an offence punishable under [* *](Note) , section 149, [* *](Note) or section 154 thereof, or of assault or other offence involving a breach of the peace, or of abetting the same, or any person accused of committing criminal intimidation, is convicted of such offence before the High Court, a Court of Session, a District Magistrate, a Sub-divisional Magistrate or a Magistrate of the first class,
and such Court is of opinion that it necessary to require such person to execute bond for keeping the peace,

such Court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties, for keeping the peace during such period, not exceeding three years, as it thinks fit to fix.

(2) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.

(3) An order under this section may also be made by an appellate Court including a Court heating appeals under section 407 or by the High Court when exercising its powers of revision.

B. - Security for keeping the Peace in other Cases and Security for Good Behaviour
107.
(1) Whenever a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class is informed that any person is likely to commit a breach of the peace or disturb the public tranquility, or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility, the Magistrate Win his opinion there is sufficient ground for proceeding may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period not exceeding one year as the Magistrate thinks fit to fix.
(2) Proceedings shall not be taken under this section unless either the person informed against or the place where the breach of the peace or disturbance is apprehended is within the local limits of such Magistrate's jurisdiction, and n~ proceedings shall be taken before any Magistrate, other than a District Magistrate, unless both the person informed against and the place where the breach of the peace or disturbance is apprehended are within the local limits of the Magistrate's jurisdiction.

(3) When any Magistrate not empowered to proceed under subsection (1) has reason to believe that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity, and that such breach of the peace or disturbance cannot be prevented otherwise than by detaining such person in custody, such Magistrate may. after recording his reasons, issue a warrant for his arrest (if he is not already in custody or before the Court), and may send him before a Magistrate empowered to deal with a copy of his reasons.

(4) A Magistrate before whom a person is sent under sub-section (3) may in his discretion detain such person in custody pending further action by himself under this Chapter.

108.
Whenever a District Magistrate [a Sub-divisional Magistrate](Note) or a Magistrate of the first class specially empowered by the President of the Union in this behalf has information that there is within the limits of his jurisdiction any person who, within or without such limits, either orally or in writing or in any other manner intentionally disseminates or attempts to disseminate, or in anywise abets the dissemination of -
(a) any seditious matter, that is to say any matter the publication of which is punishable under section 124A of the Penal Code or (Note)(aa) any matter the publication of which is punishable under section 124B of the Penal Code, or

(b) any matter the publication of which is punishable under section 153A of the Penal Code, or

(c) any matter concerning a Judge which amounts to criminal intimidation or defamation under the Penal Code,

such Magistrate, if in his opinion there is sufficient ground for proceeding, may (in manner hereinafter provided) require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year. as the Magistrate thinks fit to fix.

No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under and edited, printed and published in conformity with, the rules laid down in the Press (Registration) Act, with reference to any matters contained in such publication, except by the order or under the authority of the President of the Union or some officer empowered by the President of the Union in this behalf.

109.
Whenever a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class receives information -
(a) that any person is taking precautions to conceal his presence within the local limits of such Magistrate' jurisdiction, and that there is reason to believe that such person is taking such precautions with a view to committing any offence, or

(b) that there is within such limits a person who has no ostensible means subsistence, or who cannot give a satisfactory account of himself, such Magistrate may, in manner hereinafter provided, require such person to show-cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit to fix.

110.
Whenever a District Magistrate or Subdivision at Magistrate or a Magistrate of the first class specially empowered in this behalf by the President of the Union receives information that any person within the local limits of his jurisdiction -

(a) is by habit a robber, house-breaker, thief, or forger, or

(b) is by habit a receiver of stolen property knowing the same to have been stolen, or

(c) habitually protects or harbours thieves or aids in the concealment or disposal of stolen property, or

(d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter Xii of the Penal Code, or under section 489A, section 489B, section 489C or section 489D of that Code, or

(e) habitually commits, or attempts to commit, or abets the commission of, offences involving a breach of the peace, or

(f) is so desperate and dangerous as to render his being at large without security hazardous to the community,

such Magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit to fix.

111.
* * * *

112.
When a Magistrate acting under section 107, section 108, section 109 or section 110 deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required.

113.
If the person in respect of whom such order is made is present in Court, it shall be read over to him or, if he so desires, the substance thereof shall be explained to him.

114.
If such person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the Court
Provided that whenever it appears to such Magistrate, upon the report of' a police-officer or upon other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest.

115.
Every summons or warrant issued under section 114 shall be accompanied by a copy of the order made under section 112 and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same.

116.
The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace, and may permit him to appear by a pleader.

117.
(1) When an order under section 112 has been read or explained under section 113 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant issued under section 114, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.
(2,) Such inquiry shall be made, as nearly as may be practicable, where the order requires security for keeping the peace in the manner hereinafter prescribed for conducting trials and recording evidence in summons-cases and where the order requires security for good behaviour in the manner hereinafter prescribed for conducting trials and recording evidence in warrant-cases, except that no charge need be framed.

(3,) Pending the completion of the inquiry under sub-section (1) the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 112 has been made to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded

Provided that:-

(a,) no person against whom proceedings are not being taken under section 108, section 109, or section 110, shall be directed to execute a bond for maintaining good behaviour, and

(b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability shall not be more onerous than those specified in the order under section 112.

(4) For the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.

(5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just.

118.
(1) If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or without sureties, the Magistrate shall make an order accordingly:
Provided -

First that no person shall be ordered to give security of a nature different from, or of an amount larger than or for a period longer than, that specified in the order made under section 112:

Secondly, that the amount of' every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive:

Thirdly, that when the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his sureties.

119.
If, on an inquiry under section 117, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or if such person is not in custody, shall discharge him.

C. - Proceedings in all Cases subsequent to Order to furnish Security
120.
(1) If any person, in respect of whom an order requiring security is made under section 106 or Section 118, is, at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence.
(2) In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date.

121.
The bond to be executed by any such person shall bind him to keep the peace on to be of good behaviour, as the case may he, and in the latter case the commission or attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond.

122.
(1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bond.
Provided that, before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry on oath into the fitness of the surety or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate to him

(2) Such Magistrate shall, before holding inquiry, dive reasonable notice to the surety and to the person by whom the surety was offered and shall in making the inquiry record the substance of the evidence adduced before him.

(3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before a Magistrate deputed under sub-section (I) and the report of such Magistrate (if any). that the surety is an unfit person for the purposes of the bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety and recording his reasons for so doing.

Provided that, before making an order rejecting any surety who has previously been accepted, the Magistrate shall issue his summons or warrant as he thinks fit, and cause the person for whom the surety is bound to appear or to he brought before him.

123.
(1) If any person ordered to give security under section 106 or section 118 does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case next hereinafter mentioned. be committed to prison, or, if he is already in prison, be detained in prison until such period expires or until within such period he gives the security to the Court or Magistrate who made the order requiring it.
(2) When such person has been ordered by a Magistrate to give security for a period exceeding one year, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the order of the Sessions Judge and the proceedings shall be laid, as soon as conveniently may be. before such Court.

(3) Such Court, after examining such proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, may pass such order on the case as it thinks fit:

Provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years.

(3A) If security has been required in the course of the same proceedings from two or more persons in respect of any one of whom the proceedings are referred to the Sessions Judge under sub-section (2), such reference shall also include the case of any other of such persons who has been ordered to give security, and the provisions of sub-sections (2) and (3) shall, in that event, apply to the case of such other person also, except that the period (if any) for which he may be imprisoned shall not exceed the period for which he was ordered to give security.

(3B) A Sessions Judge may in his discretion transfer any proceedings laid before him under sub-section (2) or sub-section (3A) to an Additional Sessions Judge or Assistant Sessions Judge, and upon such transfer such Additional Sessions Judge or Assistant Sessions Judge may exercise the powers of a Sessions Judge under this section in respect of such proceedings.

(4) If the security is tendered to the officer in charge of the jail, he shall forthwith refer the matter to the Court or Magistrate who made the order, and shall wait the order of such Court or Magistrate.

(5) Imprisonment for failure to give security for keeping the peace shall be simple.

(6) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken under section 108, be simple and, where the proceedings have been taken under section 109 or section 110, be rigorous or simple as the Court or Magistrate in each case directs.

124.
(1) Whenever the District Magistrate is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged.
(2) Whenever any person has been imprisoned for failing to give security under this Chapter, the District Magistrate may (unless the order has been made by some Court superior to his own) make an order reducing the amount of the security or the number of sureties or the time for which security has been required.

(3) An order under sub-section (1) may direct the discharge of such person either without conditions or upon any conditions which such person accepts:

Provided that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired.

(4) The President of the Union may prescribe the conditions upon which a conditional discharge may be made.

(5) If any condition upon which any such person has been discharged is, in the opinion of the District Magistrate by whom the order of discharge was made or of his successor, not fulfilled he may cancel the same.

(6) When a conditional order of discharge has been cancelled under subsection (5), such person may be arrested by any police-officer without warrant, and shall thereupon be produced before the District Magistrate.

Unless such person then gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be detained (such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for such conditional discharge, he would have been entitled to release), the District Magistrate may remand such person to prison to undergo such unexpired portion.

A person remanded to prison under this sub-section shall, subject to the provisions of section 122, be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor.

125.
The District Magistrate may at any time, for sufficient reason to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this Chapter by order of any Court in his district not superior to his Court.

126.
(1) Any surety for the peaceable conduct or good behaviour of another person may at any time apply to a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class to cancel any bond executed under this Chapter within, the local limits of his jurisdiction.
(2.) On such application being made, the Magistrate shall issue his summons or warrant, as he thinks fit, requiring the person for whom such surety is bound to appear or to be brought before him.

126A.
When a person for whose appearance a warrant or summons has been issued under the proviso to sub-section (3) of section 122 or under section 126, sub-section (2), appears or is brought before him, the Magistrate shall cancel the bond executed by such person and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same description as the original security, Every such order shall, for the purposes of sections 121, 122, 123 and 124, be deemed to be an order made under section 106 or section 118, as the case may be.

CHAPTER IX
UNLAWFUL ASSEMBLIES
127.
(1) Any Magistrate or officer in charge of a police-station [or police-officer not below the rank of sub-inspector] (Note) may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse accordingly.
(2) * * * *

128.
If, upon being so commanded, any such assembly does not disperse, or it, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, any Magistrate or officer in charge of a police-station [or police-officer not below the rank of sub-inspector] (Note) may proceed to disperse such assembly by force, and may require the assistance of any male person, not being an officer, soldier, sailor or airman in [the Burma] (Note) Army, Navy or Air Force or a member of either of the Forces constituted by the Burma Territorial Force Act or the Burma Auxiliary Force Act, and acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in order to disperse such assembly or that they may be punished according to law.

129.
If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the Magistrate of the highest rank who is present may cause it to be dispersed by military force.

130.
(1) When a Magistrate determines to disperse any such assembly by military force, he may require any commissioned or non-commissioned officer in command of any soldiers in [the Burma] (Note) Army, or of any members of either of the Forces constituted by the Burma Territorial Force Act or the Myanmar Auxiliary Force Act, to disperse such assembly by military force, and to arrest and confine such persons forming part of it as the Magistrate may direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law.

(2) Every such officer shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.

131.
When the public security is manifestly endangered by any such assembly, and when no Magistrate can be communicated with, any commissioned officer of [the Myanmar] (Note) Army may disperse such assembly by military force, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law but if, while he is acting under this section, it becomes practicable for him to communicate with a Magistrate he shall do so, and shall thenceforward obey the instructions of the Magistrate as to whether he shall or shall not continue such action.

132.
No prosecution against any person for any act purporting to be done under this Chapter shall be instituted in any criminal Court, except with the sanction of the President of the Union and -

(a) no Magistrate or police-officer acting under this Chapter in good faith,

(b) no officer acting under section 131 in good faith,

(c) no person doing any act in good faith, in compliance with a requisition under section 128 or section 130, and

(d) no inferior officer, or soldier, or volunteer, doing any act in obedience to any order which he was bound to obey.

Shall be deemed to have thereby committed an offence.

(2) * * * *

CHAPTER X
PUBLIC NUISANCE
133.
(1) Whenever a District Magistrate, a Sub-divisional Magistrate or a Magistrate of the first class considers, on receiving a police-report, or other information and on taking such evidence (if any) as he thinks fit,
that any unlawful obstruction or nuisance should be removed from any way, river or channel which is or may be lawfully used by the public, or from any public place, or

that the conduct of any trade or occupation or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated such goods or merchandise should be removed or the keeping thereof regulated, or,

that the construction of any building, or the disposal of any substance, as likely to occasion conflagration or explosion, should be prevented or stopped, or

that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary, or

that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the that any dangerous animal should be destroyed, confined or otherwise disposed of, such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owing, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order,

to remove such obstruction or nuisance ; or

to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation or

to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or

to prevent or stop the erection of, or to remove, repair or support, such building, tent or structure; or

to remove or support such tree; or

to alter the disposal of such substance; or

to fence such tank, well or excavation, as the case may be; or

to destroy, confine or dispose of such dangerous animal in the manner provided in the said order;

or if he objects so to do,

to appear before himself or some other Magistrate of the first or second class, at a time and place to be fixed by the order, and move to have the order set aside or modified in the manner hereinafter provided.

(2) No order duly made by a Magistrate under this section shall be called in question in any civil Court.

Explanation. - A "public place" includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes.

134.
(1) The order shall, if practicable, be served on the person against whom it is made, in manner herein provided for service of a summons.
(2) If such order cannot be so served, it shall be notified by proclamation, published in such manner as the President of the Union may by rule (Note) direct, and a copy thereof shall be stuck up at such place or places as may be fitted for conveying the information to such person.

135.
The person against whom such order is made shall -

(a) perform, within the time and in the manner specified in the order, the act directed thereby; or
(Note) (b) appear in accordance with such order and show cause against the same.

136.
If such person does not perform such act or appear and show cause [* * *] (Note) as required by section 135, he shall be liable to the penalty prescribed in that behalf in section 188 of the Penal Code and the order shall be made absolute.

137.
(1) If he appears and shows cause against the order, the Ma2istrate shall take evidence in the matter as in a summons-case.

(2) If the Magistrate is satisfied that the order is not reasonable and proper,
no further proceedings shall be taken in the case.

(3) If the Magistrate is not so satisfied, the order shall be made absolute.

138.
* * * * (Note)

139.
* * * * (Note)

139A.
(1) Where an order is made under section 133 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, flyer, channel or place, the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 137 [* * * *] (Note), inquire into the matter

(2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceedings until the matter or the existence of such right has been decided by a competent civil Court; and, if he finds that there is no such evidence, he shall proceed as laid down in section 137 [* * * *] (Note) as the case may require.

(3) A person who has, on being questioned by the Magistrate under sub- section (1), failed to deny the existence of a public right of the nature therein referred to, or who, having made such denial, has failed to adduce reliable evidence in support thereof, shall not in the subsequent proceedings be permitted to make any such denial [* * * *] (Note)

140.
(1) When an order has been made absolute under (section 136 or section 137) (Note), the Magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within a time to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty provided by section 188 of the Penal Code.

(2) If such act is not performed within the time fixed, the N4auistrate may cause it to be performed. and may recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, or by the distress and sale of any other moveable property of such person within or without the local limits of such Magistrate's jurisdiction. If such other property is without such limits, the order shall authorize its attachment and sale when endorsed by the Magistrate within the local limits of whose jurisdiction the property to be attached is found.

(3) No suit shall lie in respect of anything done in good faith under this section.

141.
* * * * (Note)

142.
(1) If a Magistrate making an order under section 133 considers that immediate measures should be taken to prevent Imminent danger or injury of a serious kind to the public, he may [ * * * * ] (Note) issue such an injunction to the person against whom the order was made as is required to oboist or prevent such danger or injury pending the determination of the matter.
(2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury.

(3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section.

143.
A District Magistrate or Sub-divisional Magistrate, or any other Magistrate empowered by the President of the Union or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the Penal Code or any special or local law.

CHAPTER XI
TEMPORARY ORDERS IN URGENT CASES OF NUISANCE OR APPREHENDED DANGER
144.
(1) In cases where, in the opinion of a District Magistrate, a Sub-divisional Magistrate, or of any other Magistrate (not being a Magistrate of the third class) specially empowered by the President of the Union or the District Magistrate to act under this section, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable.
Such Magistrate may, by a written order stating the material facts of the case and served in manner provided by section 124, direct any person to abstain from a certain act or to take certain order with certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, or danger to human life, health or safety. or a disturbance of the public tranquillity, or a riot, or an affray.

(2) An order under this section may. in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex-parte.

(3) An order under this section may be directed to a particular individual, or to the public generally ( * * * * ) (Note)

(4) Any Magistrate may, eighter on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section by himself or any Magistrate subordinate to him, or by his predecessor in office.

(5) Where such an application is received, the Magistrate shall afford to the applicant an early opportunity of appearing before him either in person or by pleader and showing cause against the order and, if the Magistrate rejects the application wholly or in part, he. shall record in writing his reasons for so doing.

(6) No order under this section shall remain in force for more than two months from the making thereof, unless, in cases of danger to human life, health or safety, or a likelihood of a riot or an affray, the President of the Union, by notification in the Gazette, otherwise directs.

CHAPTER XII
DISPUTES AS TO IMMOVEABLE PROPERTY
145.
(1) Whenever a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class is satisfied from a police-report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within the local limits of his jurisdiction, he shall make an order in writing. stating the ground of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, within a time to be fixed by such Magistrate, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.

(2) For the purposes of this section the expression "land or water" includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property.

(3) A copy of the order shall be served in manner provided by this Code for the service of a summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute.

(4) The Magistrate shall then, without reference to the merits or the claims of any of such parties to a right to possees the subject of dispute peruse the statements so put in, hear the parties, received all such evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence (if any) as he thinks necessary, and, if possible, decide whether any and which of the parties was at the date of the order before mentioned in such possession of the said subject:

Provided that, if it appears to the Magistrate that any party has within two months next before the date of such order been forcibly and wrongfully dispossessed, he may treat the party so dispossessed as if he had been in possession at such date:

Provided also that, if the Magistrate considers the case one or emergency, he may at any time attach the subject of dispute pending his decision under this section.

(5) Nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but subject to such cancellation, the order of the Magistrate under sub-section (1) shall be final.

(6) If the Magistrate decides that one of the parties was or should under the first proviso to sub-section (4) be treated as being in such possession of the said subject, he shall issue an order declaring such party to be entitled to possession thereof until evicted there from in due course of law, and forbidding all disturbance of such possession until such eviction and when he proceeds under the first proviso to subsection (4) may restore to possession the party forcibly and wrongfully dispossessed.

(7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purpose of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto.

(8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order for the disposal of such property or the sale proceeds thereof, he thinks fit.

(9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing.

(10) Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate to proceed under section 107.

146.
(1) If the Magistrate decides that none of the parties was then in such possession, or is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach it until a competent Court has determined the rights of the parties thereto, or the person entitled to possession thereof:
Provided that the District Magistrate or the Magistrate who has attached the subject of dispute may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of a breach of the peace in regard to the subject of dispute.

(2) When the Magistrate attaches the subject of dispute, he may, if he thinks fit and if no receiver of the property, the subject of dispute, had been appointed by any civil Court, appoint a receiver thereof, who, subject to the control of the Magistrate, shall have all the powers of a receiver appointed under the Code of Civil Procedure:

Provided that, in the event of a receiver of the property, the subject of dispute, being subsequently appointed by any civil Court possession shall be made over to him by the receiver appointed by the Magistrate, who shall thereupon be' discharged.

147.
(1,) Whenever any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class is satisfied from a police-report or other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water as explained in section 145, sub-section (2) (whether such right be claimed as an easement or other wise), within the local limits of his jurisdiction, he shall make an order in writing stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend the Court in person or by pleader within a time to be fixed by such Magistrate and to put in written statements of their respective claims, and shall thereafter inquire into the matter in the manner provided in section 145, and the provisions of that section shall, as far as may be, be applicable in the case of such inquiry.

(2) If it appears to such Magistrate that such right exists, he shall make order prohibiting any interference with the exercise of such right

Provided that no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three month next before the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such seasons or on the last of such occasions before such institution.

(3) If it appears to such Magistrate that such right does not exist, he shall make an order prohibiting any exercise of the alleged right.

(4) An order under this section shall be subject to any subsequent decision of a civil Court of competent jurisdiction.

148.
(1) Whenever a local inquiry is necessary for the purposes of this Chapter, any District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.

(2) The report of the person so deputed may be read as evidence in the case.

(3) When any costs have been incurred by any party to a proceeding under this Chapter the Magistrate passing a decision under section 145, section 146 or section 147 may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion. Such costs may include any expenses incurred in respect of witnesses, and of pleaders' fees, which the Court may consider reasonable.

CHAPTER XIII
PREVENTIVE ACTION OF THE POLICE
149.
Every police-officer may interpose for the purpose of preventing, and shall, to the best of his ability prevent the commission of any cognizable offence,

150.
(Note) Every police-officer receiving information of a design to commit any cognizable offence shall communicate such information to the nearest police officer to whom he is subordinate.

151.
A police-officer knowing of a design to commit any cognizable of-'fence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.

152.
(Note) A police-officer may of his own authority interpose for the purpose of preventing and shall, to the best of his ability, prevent any injury attempted to be committed in his view to any public property, moveable or un moveable or the removal or injury of any public landmark or buoy or other mark used for navigation.

153.
(1) Any officer in charge of a police-station may, without a warrant, enter any place within the limits of such station for the purpose of inspecting or searching for any weights or measures or instruments for weighing, used or kept therein, whenever he has reason to believe that three are in such place any weights, measures or instruments for weighing which are false.
(2) If he finds in such place any weights, measures or instruments for weighing which are false, he may seize the same, and shall forthwith give information of such seizure to a Magistrate having jurisdiction.

PART V
INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE

CHAPTER XIV

154.
Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police-station, shall be reduced to writing by him or under his direction, and be read over to the informant; and' every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered' in a book to be kept by such officer in such form as the President of the Union may prescribe in this behalf.

155.
(1) When information is given to an officer in charge of a police-station of the commission within the limits of such station of a non-cognizable offence, he shall enter in a book to be kept as aforesaid the substance of such information and refer the informant to the Magistrate.

(2) No police-officer shall investigate a non-cognizable case without the order of a Magistrate of the first or second class having power to try such case or commit the same for trial.

(3) Any police-officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police-station may exercise in a cognizable case.

156.
(1) Any officer in charge of police-station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XV relating to the place of inquiry or trial.
(2) No proceeding of a police-officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.

157.
(1) If, from information received or otherwise, an officer in charge of police-station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report, and shall proceed in person, or shall depute one of his subordinate officers, not being below such rank as the President of the Union may, by general or special order, prescribe in this behalf to proceed to the spot to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender:
Provided as follows : -

(a) when any information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police-station need not proceed in person or depute a subordinate officer to make an investigation on the spot;

(b) if it appear to the officer in charge of a police-station that there is no sufficient ground for entering on an investigation, he shall not investigate the case.

(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1), the officer in charge of the police-station shall state in his said report his reasons for not fully complying with the requirements of that sub-section, and, in the case mentioned in clause (b), such officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the President of the Union, the fact that he will not investigate the case or cause it to be investigated.

158.
(1) Every report sent to a Magistrate under section 157 shall, if the President of the Union so directs, be submitted through such superior officer of police as the President of the Union, by general or special order, appoints in that behalf.
(2) Such superior officer may give such instructions to the officer in charge of the police-station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate.

159.
Such Magistrate, on receiving such report, may direct an investigation or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in manner provided in this Code.

160.
Any police-officer making an investigation under this Chapter may; by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the circumstances of the case; and such person shall attend as so required.

161.
(1) any police-officer making an investigation under this Chapter, or any police-officer not below such rank as the President of the Union may, by general or special order, prescribe in this behalf acting on the requistion of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
(2) Such person shall be bound to answer all question relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

162.
(Note) (1) No statement made by any person to a police-officer in the course of an investigation under this Chapter shall, if reduced into writing, be signed by the person making it, nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used as evidence (save as hereinafter provided) at any inquiry or trial in respect of any offence under investigation at the time when such statement was made:

Provided that when any witness, whose statement has been reduced into writing as aforesaid, is called either for the prosecution or for the defence in such inquiry or trial, any part of such statement, if duly proved, may be used either by the defence or by the prosecution, as the case may be, for the purpose of contradicting such witness in the manner provided by section 145 of the Evidence Act, or for the purpose of impeaching the credit of such witness in the manner provided by section 155 of the Evidence Act: and when any part of such statement is so used any part thereof may also be used in the re-examination or such witness for the purpose only of explaining any matter referred to in the cross-examination.

(2) When any such statement as aforesaid has been reduced into writing the Court shall, on the request of the accused, direct that the accused be furnished with a copy thereof:

Provided that if the Court is of opinion that any part of such statement is not relevant to the subject-matter of the inquiry or trial, or that its disclosure to the accused is not essential in the interest of justice and is also inexpedient in the public interest, it shall record such opinion (but not the reason there for) and shall exclude such part from the copy of the statement furnished to the accused.

(3) Nothing in this section shall be deemed to apply to any statement falling within the provisions of section 27 or of clause (1) of section 32 of the Evidence Act.

163.
(1) No police-officer or other person in authority shall offer or make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in the Evidence Act, section 24.
(2) But no police-officer or other person shall prevent, by any caution or otherwise, any person from making in the course of any investigation under this Chapter any statement which he may be disposed to make of his own free will.

164.
(1) Any Magistrate of the first class and any Magistrate of the second class specially empowered in this behalf by the President of the Union may, if he is not a police-officer, record any statement or confession made to him in the course of an investigation under this Chapter or at any true after wards before the commencement of the inquiry or tired.

(2) Such statements shall be recorded in such of the manners hereinafter prescribed for recording evidence as is in his opinion best fitted for the circum stances of the case. Such confessions shall be recoded and signed in the manner provided in section 364, and such statements or confessions shall then be forwarded to the Magistrate by whom the case is to be inquried into or tried.

(3) A Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that if he does so it may be used as evidence against him, and no Magistrate shall record any such confession unless, upon questioning the person making it, he has reason to believe that it was made voluntarily and, when he records any confession, he shall make a memorandum at the foot of such record to the following effect.

"I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him.

(Signed) A.B.,
Magistrate.
Explanation.-It is not necessary that Magistrate receiving and recording a confession or statement should be a Magistrate having jurisdiction in the case.

165.
(Note) (1) Whenever an officer in charge of a police-station or a police-officer making an investigation considers that anything necessary for the purposes of an investigation into any offence which he is authorized to investigate may be found in any place within the limits of the police-station of which he is in charge or to which he is attached, and there is reason to believe that a person to whom a summons or order under section 94 has been or might be issued will not or would not produce such thing according to the directions of the summons or order, or when such thing is not known to be in the possession of any person such officer may search, or cause search to be made for the same in any place within the limits of such police-station.
(2) Such officer shall, if practicable, conduct the search in person but if he is unable to conduct the search in person, he may require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing, specifying the place to be searched and, so far as possible, the thing for which search is to be made, and such subordinate officer shall thereupon search for such thing in such place.

(3) The provisions of this Code as to search-warrants and the general provisions as to searches contained in sections 102 and 103 shall, so far as may be; apply to a search made under this section.

166.
(1) An officer in charge of a police-station or a police-officer [ * * * ] (Note) making an investigation may require an officer in charge of another police-station, whether in the same or a different district, to cause a search to be made in any place, iii any case in which the former officer might cause such search to be made within the limits of his own station.

(2) Such officer, on being so required, shall proceed according to the provisions of seciton 165 and shall forward the thing found, if any, to the officer at whose request the search was made.

(3) Whenever there is reason to believe that the delay occasioned by requiring an officer in charge of another police-station to cause a search to be made under sub-section (1) might result in evidence of the commission or an offence being concealed or destroyed, it shall be lawful for an officer in charge of a police-station or a police-officer making an investigation under this Chapter to search, or cause to be searched, any place in the limits of another police-station, in accordance with the provisions of section 165, as if such place were within the limits of his own station.

(4) Any officer conducting a search under sub-section (3) shall end notice of the search to officer in charge of the police-station within the limits of which such place is situate, and shall also send with such notice a copy the list (if any) prepared under section 103 [ * * * ] (Note)

(5) * * * *

167.
(1) Whenever any person is arrested and detained in custody, and if appears that the investigation cannot be completed within the period of twenty four hours fixed by section 61, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police-station or the police-officer making the investigation ( * * * ) (Note) shall forthwith transmit to the nearest Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.
(Note) (2) The Magistrate to whom the accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to me authorize the detention of the accused in such custody as such Magistrate thinks fit. But the detention of such person shall not exceed in the whole 30 days where a person is accused of an offence punishable with rigorous imprisonment for a term of not less than seven years, and where a person is accused of an offence punishable with rigorous imprisonment for a term of less than seven years, the detention of such person shall not exceed 15 days in the whole. If such Magistrate has not jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction:

Provided that no Magistrate of the third class, shall authorize detention in the custody of the police

(3) A Magistrate authorizing under this section detention in the custody of the police shall record his reasons for so doing.

(4) If such order is given by a Magistrate other than the District Magistrate or Subdivisional Magistrate, he shall forward a copy of his order, with his reasons for making it, to the Magistrate to whom he is immediately subordinate.

168.
When any subordinate police-officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police-station.

169.
If, upon an investigation under this Chapter, it appears to the officer in charge of the police-station or to the police-officer making the investigation the there is not sufficient evidence or reasonable ground of suspicion to justify forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate when, powered to take cognizance of the offence on a police-report and to try the accused or commit him for trial.

170.
(1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police-station or [the police-officer making the investigation] (Note) that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed.

(2) When the officer in charge of a police-station or [the police-officer making the investigation] (Note) forwards an accused person to a Magistrate or takes security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may be necessary to produce before him, and shall require the complainant (if any) and so many of the persons who appear to such officer to be acquainted with the circumstances of the case as he may think necessary to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as the case may be) in the matter of the charge against the accused.

(3) If the Court of the District Magistrate or Sub divisional Magistrate is mentioned in the bond, such Court shall be held to include any Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable notice of such reference is given to such complainant or persons.

(4) * * * * *

(5) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons who executed it, and shall then send to the Magistrate the original with his report.

171.
No complainant or witness on his way to the Court of the Magistrate shall be required to accompany a police-officer,
or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond:

Provided that, if any complainant or witness refuses to attend or to execute a bond as directed in section 170, the officer in charge of the police-station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed.

172.
(1) Every police-officer making an investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, and a statement of the circumstances ascertained through his investigation.

(2) Any criminal Court may send for the police diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial. Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court but, if they are used by the police-officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such police-officer, the provisions of the Evidence Act, section 161 or section 145, as the case may be, shall apply.

173.
(1) Every investigation under this Chapter shall be completed without unnecessary delay, and, as soon as it is completed, the officer in charge of the police-station shall -

(a) forward to a Magistrate empowered to take congnizance of the offence on a police-report a report, in the form prescribed by the President of the Union, setting forth the names of the parties, the nature of the information and the names of the persons who appear to be acquainted with the circumstances of the case, and stating whether the accused (if arrested) has been forwarded in custody or has been released on his bond, and, if so, whether with or without sureties, and

(b) communicate, in such manner as may be prescribed by the President of the Union, the action taken by him to the person, if any, by whom the information relating to the commission of the offence was first given.

(2) Where a superior officer of police has been appointed under section 158, the report shall, in any cases in which the President of the Union by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police-station to make further investigation.

(3) Whenever it appears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit.

(Note) (4) * * * *

174.
(1) The officer in charge of a police-station or some other police-officer specially empowered by the President of the Union in that behalf, on receiving information that a person

(a) has committed suicide, or

(b) has been killed by another, or by an animal, or by machinery, or by an accident, or

(c) has died under circumstances raising a reasonable suspicion that some other person has committed an offence,

shall immediately give intimation thereof to the nearest Magistrate empowered to hold inquests, and [ * * * ] (Note) shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more [ * * * * ] (note) inhabitants of the neighbourhood, shall make an investigation and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted.

(2) The report shall be sired by such police-officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the District Magistrate or the Subdivisional Magistrate.

(3) When there is any doubt regarding the cause of death, or when for any other reason the police officer considers it expedient so to do, he shall, subject to such rules as the President of the Union may prescribe in this behalf forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the President of the Union, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless

(4) * * * *

(5) The following Magistrates are empowered to hold inquests, namely any District Magistrate, Sub-divisional Magistrate or Magistrate of the first Class and any Magistrate especially empowered in this behalf by the President of the Union or the District Magistrate.

175.
(1) A police-officer proceeding under section 174 may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case. Every person so summoned shall be bound to attend and to answer inquiry all questions other than questions the answers to which would have a tendency to expose him to a criminal charge, or to a penalty or forfeiture.
(2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons shall not be required by the police-officer to attend a Magistrate's Court

176.
(Note) (1) When any person dies while in the custody of the police, and, unless a first information report has been recorded under the provisions of section 154, in any other case mentioned in clauses (a), (b) and (c) of subsection (1) of section 174, the nearest Magistrate empowered to hold inquests shall hold an inquiry into the cause of death, in addition to the investigation held by the police-officer, and in conducting such inquiry he shall have all the powers which he would have in holding an inquiry into an offence. The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in the manner hereinafter prescribed for summons cases, and shall come to a finding as to the cause of death.
(2) Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examined.

PART VI
Proceeding in Prosecutions

CHAPTER XV
OF THE JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

A. - Place of Inquiry or Trial

177.
Every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction it was committed.

178.
Not-withstanding anything contained in section 177, the President of the Union may direct that any cases or class of cases committed for trial in any district may be tried in any sessions division:
Provided that such direction is not repugnant to any direction previously
issued by the High Court [* * *] (Note) under this Code, section 526.

179.
When a person is accused of the commission of any offence by reason of anything which has been done, and of any consequence which has ensued, such offence may be inquired into or tried by a Court within the local limits of whose jurisdiction any such thing has been done, or any such consequence has ensued,

Illustrations
(a) A is wounded within the local limits of the jurisdiction of Court X, and dies within the local limits of the jurisdiction of Court 7. The offence of the culpable homicide of A may be in queried into or tried by X or Z.

(b) A is wounded within the local limits of the jurisdiction of Court X, and is during ten days within the local limits of the jurisdiction of Court Y, and during ten days more within the local limits of the jurisdiction of Court Z, unable in the local limits of the jurisdiction of either Court Y or Court Z to follow his ordinary pursuits. The offence of causing grievous hurt to A may be inquired into or tried by X. Y or Z.

(c) A is put in fear of injury within the local limits of the Jurisdiction of Court X. hereby induced, within the local limits of the jurisdiction of Court Y. to deliver property to the person who put him in fear. The offence of extortion committed on A may be inquired into or tried either by X or Y.

180.
When an act is an offence by reason of its relation to any other which is also an offence, or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offence may be inquiry into or tried by a Court within the local limits of whose jurisdiction either act was done.
Illustration

(a) A charge of abetment may be inquired into or tried either by the Court within the local limits of whose jurisdiction the abetment was committed, or by the Court within the local. limits of whose jurisdiction the offence abetted was committed

(b) A charge of receiving or retaining stolen goods may be inquired into or tried either by he Court within the local limits of whose jurisdiction the goods were stolen or by any Court within he local limits of whose jurisdiction any of them were at any time dishonestly received or retained.

(c) A charge of wrongfully concealing a person known to have been kidnapped may be inquired into or tried by the Court within the local limits of whose jurisdiction the wrongful concealing or by the Court within the local limits of whose jurisdiction the kidnapping, took place.

181.
(1) The offence of being a thug, of being a thug and committing murder, of dacoit, with murder, of having belonged to a gang of dacoits, or of having escaped from custody, may be inquired into or tried by a Court within the local limits of whose jurisdiction the person charged is.
(2) The office of criminal misappropriation or of criminal breach of trust nay be inquired into or tried by a Court within the local limits of whose jurisdiction any part of the property which is the subject of the offence was received or retained by the accused person, or the offence was committed.

(3) The offence of theft, or any offence which includes theft or the possession of stolen property, may be inquired into or tried by a Court within the local Limits of whose jurisdiction such offence was committed or the property stolen was possessed by the thief or by any person who received or retained the same knowing or having reason to believe it to be stolen.

(4) The offence of kidnapping or abduction may be inquired into or tried by a Court within the local limits of whose jurisdiction the person kidnapped or abducted was kidnapped or abducted or was conveyed or concealed or detained.

182.
When it is uncertain in which of several local areas an offence was committed, or where an offence is committed partly in one local area and partly in another, where an offence is a continuing one, and continues to be committed in more Local areas than one, or
where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas.

183.
An offence committed whilst the offender is in the course of performing a journey or voyage may be inquired into or tried by a Court through or into the local limits of whose jurisdiction the offender, or the person against whom, or the thing in respect of which, the offence was committed, passed in the course of that journey or voyage.

184.
* * * *

185.
(1) Whenever a question arise as to which of two or more Court subordinate to the High Court ought to inquire into or try any offence, it shall be decided by the High Court.

(2) * * * *

186.
(1) When a District Magistrate, a Sub divisional Magistrate, or, if he is specially empowered in this behalf by the President of the Union, a Magistrate of the first class, sees reason to believe that any person within the local limits of his jurisdiction has committed without such limits (whether within or without the Union of Myanmar) an offence which cannot, under the provisions of sections 177 to 184 (both inclusive), or any other law for the time being in force, be inquired Into or tried within such local limits, but is under some law for the time being in force triable in the Union of Myanmar, such Magistrate may inquire into the offence as if it had been committed within such local limits, and compel such person in manner herein-before provided to appear before him, and send such person to the Magistrate having jurisdiction to inquire into or try such offence, or if such offence is bailable, take a bond with or without sureties for his appearance before such Magistrate.
(2) When there are more Magistrate than one having such jurisdiction and the Magistrate acting under this section cannot satisfy himself as to the Magistrate to or before whom such person should be sent or bound to appear, the case shall be reported7for the orders of the High Court.

187.
(1) If the person has been arrested under a warrant issued under section 186 by a Magistrate other than a District Magistrate, such Magistrate shall send the person arrested to the District or Sub divisional Magistrate to whom he is subordinate, unless the Magistrate having jurisdiction to inquire into or try such offence issues his warrant for the arrest of such person, in which case the person arrested shall be delivered to the police-officer executing such warrant or shall be sent to the Magistrate by whom such warrant was issued.
(2) Ifthe offence which the person arrested is alleged or suspected to have committed is one which may be inquired into or tried by any criminal Court in that same district other than that of the Magistrate acting under section 186, such Magistrate shall send such person to such Court.

188.
(Note) When a citizen of the Union commits an offence at any place without and beyond the limits of the Union of Myanmar, he may be dealt with in respect of such offence as if it had been committed at any place within the Union of Myanmar, at Which he may be found:
* * * *

Provided that any proceedings taken against any person under this section which would be a bar to subsequent proceedings against such person for the same offence if such offence had been committed in the Union of Myanmar shall be a bar to further proceedings against him under the Myanmar extradition Act in respect of the same offence in any territory beyond the limits of the Union of Myanmar.

189.
Whenever any such offence as is referred to in section 188 is being inquired into or tried, the President of the Union may, if he thinks fit, direct that copies of depositions made or exhibits produced before [ * * * * ] (Note) a judicial officer in or for the territory in which such offence is alleged to have been committed shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate.

B. - Conditions requisite for Initiation of Proceedings
190.
(1) Except as hereinafter provided, any District Magistrate or Sub-divisional Magistrate, and any other Magistrate specially empowered in this behalf may take cognizance of any offence -

(a) upon receiving a complaint of facts which constitute such offence,

(b) upon a report in writing of such facts made by any police-officer;

(c) upon information received from any person other than a police-officer, or upon his own knowledge or suspicion, that such offence has been committed.

(2) The President of the Union, or the District Magistrate subject to the general or special orders of the President of the Union, may empower any Magistrate to take cognizance under sub-section (1), clause (a) or clause (b) of offences for which he may try or commit for trial.

(3) The President of the Union may empower any Magistrate of the first or second class to take cognizance under sub-section (1), clause (c), of offences for which he may try or commit for trial.

191.
When a Magistrate takes cognizance of an offence under sub-section (1), clause (c), of the preceding section, the accused shall, before any evidence is taken, be informed that he is entitled to have the case tried by another Court, arid if the accused, or any of the accused if there be more than one, objects to being tried by such Magistrate, the case shall, instead of being tried by such Magistrate be committed to the Court of Session or transferred to another Magistrate.

192.
(1) Any District Magistrate or Sub-divisional Magistrate may transfer any case, of which he has taken cognizance, for inquiry or trial, to any Magistrate subordinate to him.

(2) Any District Magistrate may empower any Magistrate of the first class who has taken cognizance of any case to transfer it for inquiry or trial to any other specified Magistrate in his district who is competent under this Code to try the accused or commit him for trial ; and such Magistrate may dispose of the case accordingly.

193.
(1) Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the accused has been committed to it by a Magistrate duly empowered in that behalf

(2) Additional Sessions Judges and Assistant Sessions Judges shall try such cases only as the President of the Union, by general or special Order, may direct them to try, or as the Sessions Judge of the division, by general or special order, may make over to them for trial.

194.
(1) The High Court may take cognizance of any offence upon a commitment made to it in manner hereinafter provided.

Nothing herein contained shall be deemed to affect the provisions of any [law for the time being in force] (Note) or any other provision of this Code.

(2) (a) Notwistanding anything in this Code contained, the Attorney-General may, with the previous sanction of the President of the Union, exhibit to the High court, against person subject to the jurisdiction of the High Court, information for all purposes for which His Majesty's Attorney-General may exhibit information on behalf of the Crown in the High Court of Justice in England.

(b) Such proceedings may be taken upon every such information as lawfully be taken in the case of similar information filed by His Britannic Majesty's Attorney-General so far as the circumstances of the case and the practice procedure of the said High Court will admit.

(c) All fines, penalties, forfeitures, debts and sums of money recovered levied under or by virtue of any such information shall belong to the [State] (Note)

(d) The High Court may make rules for carrying into effect the provisions of this section.

195.
(1) No Court shall take cognizance -

(a) of any offence punishable under sections 172 to 188 of the Penal C ode, except on the complaint in writing of the public servant concerned, or of some other public servant to whom he is subordinate ; or

(b) of any offence punishable under any. of the following sections of the same Code, namely, sections 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211 and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, except on the complaint in writing of such Court or of some other Court to which such Court is subordinate or

(c) of any offence described in section 463 or punishable under section 471. section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given m evidence in such proceeding, except on the complaint in writing of such Court, or of some other Court to which such Court is subordinate.

(2) In clauses (b) and (c) of sub-section (1) the term "Court" includes a civil, revenue or criminal Court, but does not include a Registrar or Sub-Registrar under the Registration Act.

(3) For the purposes of this section, a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from the appeal able decrees sentences of such former Court, or in the case of a civil Court from whose decrees no appeal ordinarily lies to the principal Court having ordinary original civil jurisdiction within the local limits of whose jurisdiction such civil Court is situate

Provided that -

(a) where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate; and

(b) where appeals lie to a civil and also to a revenue Court, such Court shall be deemed to be subordinate to the civil or revenue Court., according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed.

(4) The provisions of sub-section (1), with reference to the offences named therein, apply also to criminal conspiracies to commit such offences and to the abetment of such offences, and attempts to commit them.

(5) Where a complaint has been made under sub-section (1), clause (a), by a public servant, any authority to which such public servant is subordinate may order the withdrawal of the complaint and, if it does so, it shall forward a copy of such order to the Court and. upon receipt thereof by the Court, no further proceedings shall be taken on the complaint.

196.
(Note) No Court shall take cognizance of any offence punishable under Chapter VI or VI B or IX A of the Penal Code (except section 127, section 171 F. so far as it relates to the offence of personating, and section 171j), or punishable under section 108A, or section 153A, or section 294A of the same Code, unless upon complaint made by order of or under authority from the President of the Union or some officer empowered by the President of the Union in this behalf.

196A.
(Note) No Court shall take cognizance of the offence of criminal conspiracy punishable under section 120B of the Penal Code,

(1) in a case where the object of the conspiracy is to commit either illegal act other than an offence, or a legal act by illegal means, or an offence to which the provisions of section 196 apply, unless up complaint made by order of or under authority from the President the Union or some officer empowered by the President of the Union in this behalf, or

(2) in a case where the object of the conspiracy is to commit any non-cognizable offence, or a cognizable offence not punishable with death transportation or rigorous imprisonment for a term of two years or upwards, unless the President of the Union, or a District Magistrate empowered in this behalf by the President of the Union, has, by order in writing, consented to the initiation of the proceedings:

Provided that where the criminal conspiracy is one to which the provisions of sub-section (4) of section 195 apply no such consent shall be necessary.

196B.
In the case of any offence in respect of which the provisions of section 96 or section 196A apply, a District Magistrate may, notwithstanding anything contained in those sections or in any other part of this Code, order a preliminary investigation by a police-officer not being below the rank of Inspector, in which case such police-officer shall have the powers referred to in section 155, subsection (3).

197.
(1) When any person who is a Judge within the meaning of section 19 of the Penal
Code, or when any Magistrate, or when any public servant who is Lot removable from his office save by or with the sanction of the President of the. Union [or some higher authority], is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction of the President of the Union.
(2) The President of the Union may determine the person by whom, be manner in which, the offence or offences for which, the prosecution of such judge, Magistrate or public servant is to be conducted, and may specify the Court before which the trial is to be held.

198.
No Court shall take cognizance of an offence falling under Chapter or Chapter XXI of the Penal Code, or under sections 493 to 496 (both inclusive) of the same Code, except upon a complaint made by some person aggrieved by such offence:
Provided that, where the person so aggrieved is a woman who, according to he customs and manners of the country, ought not to be compelled to appear in ,public, or where such person is under the age of eighteen years or is an idiot or lunatic, or is from sickness or infirmity unable to make a complaint, some other person may, with the leave of the Court, make a complaint on his or her behalf.

199.
No Court shall take cognizance of an offence under section 497 or section 498 of the Penal Code, except upon a complaint made by the husband of the woman, or, in his absence, made with the leave of the Court by some person who hade care of such woman on his behalf at the time when such offence was committed:
Provided that, where such husband is under the age of eighteen years, or is an idiot or lunatic, or is from sickness or infirmity unable to make a complaint, some other person may, with the leave of the Court, make a complaint on his behalf

199A.
When, in any case falling under section 198 or section 199, the person on whose behalf the complaint is sought to be made is under the age of eighteen years or is a lunatic, and the person applying for leave has not been appointed or declared by competent authority to be the guardian of the person of the said minor or lunatic, and the Court is satisfied that there is a guardian so appointed or declared, notice shall be given to such guardian, and the Court shall, before granting the application, give him a reasonable opportunity of objecting to the granting thereof.

The Code of Criminal Procedure Chapters XVI-XXX

CHAPTER XVI
OF COMPLAINTS TO MAGISTRATES
200 A.
A Magistrate taking cognizance of an offence on complaint shall at once examine the complainant upon oath, and the substance of the examination shall be reduced to writing and shall be signed by the complainant, and also by the Magistrate:
Provided as follows; -

(a) when the complaint is made in writing, nothing herein con-tamed shall be deemed to require a Magistrate to examine the complainant before transferring the case under section 192;

(aa) when the complaint is made in writing, nothing herein contained shall be deemed to require the examination of a complainant in any case in which the complaint has been made by a Court or by a public servant acting or purporting to act in the discharge of his official duties;

(b) * * * *

(c) when the case has been transferred under section 192 and the Magistrate so transferring it has already examined the complainant, the Magistrate to whom it is so transferred shall not be bound to reexamine the complainant.

201.
(1) If the complaint has been made in writing to a Magistrate who is not competent to take cognizance of the case, he shall return the complaint for presentation to the proper Court with an endorsement to that effect.
(2) If the complaint has not been made in writing, such Magistrate shall direct the complainant to the proper Court.

202.
(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorized to take cognizance, or which has been transferred to him under section 192, may, if he thinks fit, for reasons to be recorded in writing, postpone he issue of process for compelling the attendance of the person complained against, and either inquire into the case himself or, if he is a Magistrate other than a Magistrate of the third class, direct an inquiry or investigation to be made by any Magistrate subordinate to him, or by a police-officer, or by such other person as he thinks fit, for the purpose of ascertaining the truth or falsehood of the compliant;
Provided that, save where the complaint has been made by a Court, no such direction shall be made unless the complainant has been examined on oath under he provisions of section 200.

(2) If any inquiry or investigation under this section is made by a person not being a Magistrate or a police-officer, such person shall exercise all the powers conferred by this Code on an officer in charge of a police-station, except that he shall not have power to arrest without warrant.

(2A) Any Magistrate inquiring into a case under this section may, if he thinks fit, take evidence of witnesses on oath.

203.
The Magistrate before whom a complaint is made, or to whom it has been transferred, may dismiss the complaint if, after considering the statement on oath (if any) of the complain ant and the result of the investigation or inquiry (if my) under section 202, there is in his judgment no sufficient ground for proceeding. In such case he shall briefly record his reasons for so doing.

CHAPTER XVII
OF THE COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
204.
(1) If in the opinion of a Magistrate taking cognizance of an there is sufficient ground for proceeding, and the case appears to be one in according to the fourth column of the second schedule, a summons should in the first instance, he shall issue his summons for the attendance of the accused if the case appears to be one in which, according to that column, a should issue in the first instance, he may issue a warrant, or, if he thinks” summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or ( if he has not jurisdiction himself) some other Magistrate having jurisdiction.
(2) Nothing in this section shall be deemed to affect the provisions section 90.

(3) When by any law for the time being in force any process-fees of other fees are payable, no process shall be issued until the fees are paid, and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.

205.
(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused, and permit ~um to appear by his pleader.
(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in manner hereinbefore provided.

CHAPTER XVIII
OF INQUIRY INTO CASES TRIABLE BY THE COURT OF SESSION OR HIGH COURT
206.
(1) Any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, or any Magistrate (not being a Magistrate of the third class empowered in this behalf by the President of the Union, may commit any person for trial to the Court of Session or High Court for any offence triable by such Court.
(2) But, save as herein otherwise provided, no person triable by the Court of Session shall be committed for trial to the High Court.

207.
The following procedure shall be adopted in inquires before Magistrates where the case is triable exclusively by a Court of Session or High Court or, in the opinion of the Magistrate, ought to be tried by such Court.

208.
(1) The Magistrate shall, when the accused appears or is brought before him, proceed to hear the complainant (if any), and take in manner herein after provided all such evidence as may be produced in support of the prosecution or in behalf of the accused, or as may be called for by the Magistrate.
(2) The accused shall be at liberty to cross-examine the witnesses for the prosecution. and in such case the prosecutor may re-examine them.

(3) if the complainant or officer conducting the prosecution or the accused applies to the Magistrate to issue process to compel the attendance of any. witness or the production of any document or thing, the Magistrate shall issue such process unless, for reasons to be recorded, he deems it unnecessary to do so.

209.
(1) When the evidence referred to in section 208. sub-sections (1). and (3), has been taken, and he has (if necessary) examined the accused for the purpose of enabling him to explain any circumstances appearing in the evidence against him, such Magistrate shall, if he finds that there are not sufficient grounds for committing the accused person for trail, record his reasons and discharge him, unless it appears to the Magistrate that such person should be tried before himself r some other Magistrate, in which case he shall proceed accordingly.

(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless.

210.
(1) When, upon such evidence being taken and such examination (if any) being made, the Magistrate is satisfied that there are sufficient grounds for committing the accused for trail, he shall frame a charge under his hand declaring with what offence the accused is charged.
(2) As soon as such charge has been framed, it shall be read ~d explained to the accused, and a copy thereof shall, if he so requires, be given to urn free of cost.

211.
(1) When the charge has been read and explained to him, the accused shall be required to state forthwith whether he desires to given evidence on us own behalf and whether he desires to call witness, and the Magistrate shall warm him in the manner required by sub-section (1) of section 342.
(2) If the accused states that he desires to call witness, he shall be required at once to give in, orally or in writing, a list of the persons, and their occupations and addresses, whom he wishes to be summoned to give evidence on his trial.

(3) The Magistrate may, in his discretion, allow the accused to give fly any further list of witnesses at a subsequent time; and nothing in this section shall be deemed to preclude the accused from giving, at any time before his trial, to the Clerk of the Court a further list of persons whom he wishes to be summoned to give evidence on such trial provided that nothing in this sub-section shall entitle the accused to require that any person named in such subsequent list shall be summoned and examined at such trial.

212.
The Magistrate may. in his discretion, if the accused desires to give evidence on his behalf take the evidence of the accused in manner hereinafter provided, and may also summon and take the evidence of witnesses named in any list given in to him under section 211.

213.
(1) When the accused has declined to give evidence or to give in S list of witnesses under section 211, or when he has either stated that he desires to give evidence or has given in such list, or has both expressed his desire to give evidence and has given in such list, and the Magistrate has, if he decides so to do, taken the evidence of the accused, and of the witnesses included in such list whom he desires to examine, the Magistrate may make an order committing the accused for trial by the High Court or the Court of Session, as the case may be.

(2) If the Magistrate, after hearing the evidence of the accused and of the witnesses (if any) for the defence, is satisfied that there are not sufficient grounds for committing the accused, he may cancel the charge and discharge the accused, and in such case he shall record his reasons for discharging the accused

214.
* * * *

215.
A commitment once made under section 213 by a competent Magistrate, or by a civil or revenue Court under section 478, can be quashed by the High Court only, and only on a point of law.

216.
When the accused has given in any list of witnesses under section 211 and has been committed for trial, the Magistrate shall summon such of the witnesses included in the list as have not appeared before himself to appear before the Court to which the accused has been committed
Provided that [* * * *] the Magistrate may. in his discretion, leave such witnesses to be summoned by the Clerk of the Court. and such witnesses may be summoned accordingly:

Provided also that, if the Magistrate thinks that may witness is included in the list for the purpose of vexation or delay or of defeating the ends of justice the Magistrate may require the accused to satisfy him that there are reasonable grounds for believing that the evidence of such witness is material and, if he is not so satisfied, may refuse to summon the witness (recording his reasons for such refusal), or may before summoning him require such sum to be deposited as such Magistrate thinks necessary to defray the expense of obtaining the attendence of the witness and all other proper expenses.

217.
(1) Complainants and witnesses for the prosecution and defence, whose attendance before the Court off Session or High Court is necessary and who appear before the Magistrate, shall execute before him bonds binding themselves to be in attendance when called upon at the Court off Session or High Court to prosecute or to give evidence, as the case may be.
(2) If any complainant or witness refuses to attend before the Court of Sessions or High Court or execute the bond above directed, the Magistrate may detain him in custody until he executes such bond, or until his attendance at the Court of Session or High Court is required, when the Magistrate shall send him in custody to the Court of Session or High Court, as the case may be

218.
(1) When the accused is committed for trial, the Magistrate shall issue an order to such person as may be appointed by the President of the Union in this behalf, notifying the commitment, and stating the offence in the same form the charge, unless the Magistrate is satisfied that such person is already aware of the commitment and the form of the charge:
and shall send the charge, the record of the inquiry and any weapon or other thing which is to be produced in evidence (* * * * *)¹ to the Clerk of the Clerk of the Court or other officer appointed in this behalf (* * * * )¹

( Note ) (2) * * * *

219.
(1) The committing Magistrate or, in the absence of such Magistrate or any other Magistrate empowered by or under section 206 may, if he thinks fit summon and examine supplementary witnesses after the commitment and before the commencement of the trial, and bind them over in manner hereinbefore pro vided to appear and give evidence.
(2) Such examination shall, if possible, be taken in the presence of the accused, and a copy of the evidence of such witnesses shall be given to the accused free of cost.

220.
Until and during the trial ,the Magistrate shall, subject to the precisions of this Code regarding the taking of bail, commit the accused by warrant to custody.

CHAPTER XIX
OF THE CHARGE

Form of Charges

221.
(1) Every charge under this Code shall state the offence with which the accused is charged.

(2) if the law which creates the offence gives if any specific name the offence may be described in the charge by that name only.

(3) if the law which creates the offence does not give it any specific name, so much of the definition of the offence must be state as to give the accused~ notice of the matter with which he is charged.

(4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.

(5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.

(6) The charge shall be written [* * * * ]¹ in the language of the Court.

(7) if the accused, having been previously convicted of any offence, .s liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to rove such previous conviction for the purpose of affecting the punishment which he Court may think fit to award for the subsequent offence, the fact, date and lace of the previous convious shall be stated in the charge. If such statement has been omitted, the Court may add it any time before sentence is passed.

Illustrations

1. (a) A is charged with the murder of B. This is equivalent to a statement that A’s act fell within the definition of murder given in sections 299 and 300 of the Penal Code it did not fall within any of the general exceptions of the same Code; and that it did not” within any of the five exceptions to section 300, or that, if it did fall within Exception I, one or other of the three provisos to that exception applied to it.

(b) A is charge, under section 326 of the Penal Code, with voluntarily Causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a Statement that the case was not provided for by section 335 of the Penal Code, and that the general exceptions did not apply to it.

(c) A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or using a false property-mark. The charge may state that A committed murder, or cheating, or theft, or extortion, or adultery, or criminal intimidation, or that he used a false property-mark, without reference to the definitions of those crimes contained in the Penal Code; but the sections under which the offence is punishable must, in each instance, be referred to in the charge.

(d) 4 is charged, under section 184 of the Penal Code, with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words.

222.
(1) The charge shall contain such particulars as to tie time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.

(2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money, it shall be sufficient to specify the gross sum in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 234

Provided that the time included between the first and last of such dates shall not exceed one year.

223.
When the nature of the case is such that the particulars mentioned in sections 221 and 222 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose.
Illustrations

(a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was effected.

(b) A is accused of cheating B at given time and place. The charge must set out the manner in which cheated B.

(c) A is accused of giving false evidence at a given time and place. The charge must set out that portion of the evidence given by A which is alleged to be false.

(d) A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. The charge must set out the manner in which A obstructed B in the discharge of his functions.

(e) A is accused of the murder of B at a given time and place. The charge need not state the murder in which A murdered B.

(f) A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must set out the disobedience charged and the law infringed.
224.
In every charge words used in descnbing.31 offence shall be deemed to have been used in the sense attached to them nspectively by the law under which such offence is punishable.

225.
No error in stating either the offence or the particulars required to be stated in the charge. and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice.
Illustrations

(a) A is accused, under section 242 of the Penal Code, with ‘having been in pos. session of counterfeit coin, having known at the time when he became possessed thereof that d such coin was counterfeit’, the word ‘fraudulently” being omitted in the charge. Unless it appears that.] was in fact misled by this omission, the error shall not be regarded as material.

(b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge. or is set out incorrectly. 4 defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material.

(c) A is charged with cheating B, and the manner in which he cheated H is not set out in the charge. There were many transactions between A and B and. A had no means of knowing to which of them the charge referred, and offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case, a material error.

(d) A is charged with the murder of Khoda Baksh on the 21st Jaunary 1882 in fact.. the murdered person’s name was Haidar Baksh. and the date of the murder was the 20th January 1882. A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which referred exclusively to the ease of Haidar Baksh. the Court may Infer front these facts that.] was not misled, and that the error in the charge was inmaterial.

(e).A was charged with murdering Haidar Baksh on the 20th January 1882. and Khoda Baksh (who tried to arrest him for that murder) on the 21st January 302 When charged for the murder of Haidar Baksh. he was tried for the murder of Khoda Baksh. The witnesses present in his defence were in the case of Haedar Baksh The Court may infer from this that A was misled, and that the error was material
226.
When any persons committed for trial without a charge, or with an imperfect or erroneous charge, the Court, or, (*** ** )1 the Clerk of the Court may frame a charge or add to or otherwise alter the charge, as the case may be. having regard to the rules contained in this Code as to the form of charges.
Illustrations

1. A is charged with the murder of C. A charge of abetting the murder of C may be added or substituted.

2. A is charged with forging a valuable security under section 467 of the Penal Code. A charge of fabricating false evidence under section 193 may be added.

3. A is charged with receiving stolen property knowing it to be stolen. During the trial it incidentally appears that he has in his possession instruments for the purpose of counterfeiting coin. A charge under section 235 of the Penal Code cannot be added.

227.
2(1) Any Court may alter or add to any charge at any time before judgment is pronounced, or, in the case of trials by jury before the Court of Session or High Court, before the verdict of the jury is retuned.

(2) Every such alteration or addition shall be read and explained to the accused.

228.
(1) Whenever a charge is altered or added to by the Court after the commencement of the trial the Court may. in its discretion, either -

(a) proceed with the trial as if the new or altered charge had been the original charge, or

(b) adjourn the trial for such period as it may. in the interest of justice, deem necessary, or

(c) direct a new trial

(2) When the Court either procceds with or adjourns the trail under clause (a) or clause (b) of sub-section (1). the prosecution and the accused shall be allowed to recall and examine, with reference to such alteration of or addition to the charge, any witness who have been examined, and also to call any further witness whom the Court may think to be material.

229.
* * * *
230.
If the offence stated in the new or altered or added charge is one for prosecution of which previous sanctmn is necessary, the case shall not be proseeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the new or altered charge is founded.

231.
* * * *
232.
(1) If any appellate Court, or the High Court in the exercise of its powers of revision or of its powers under Chapter XXVII. is of opinion that any person convicted of arm offence was misled in his defence by the absence of a charge or by an error in the charge, it shall direct a new trial to he had upon a charge framed in whatever manner it thinks fit.
(2) If the Court is of opinion that the facts of the case are such that no valid charge could he preferred a against the accused in respect of the facts proved. it shall quash the conviction.

Illustrations

A is convicted of an offence under section 196 of the Penal Code upon a charge which omits to state that he knew he evidence, which he corruptly used or attempted to use as true or genuine, was false or fabricated, If the Court thinks it probable that . I had such knowledge, and that he was misled in his defence by the omission from the charge of the statement that he had it. it shall direct a new trial upon an amended charge , but, if it appears probable from the proceedings that . I had no such knowledge, it shall quash the conviction.

Joinder of Charges
233.
For every distinct offence of which tow person is accused there shah be a separate charge, and every such charge shall be tried separately, except in the cases mentioned in sections 234, 235. 236 and 239.

Illustrations

A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. I must be separately charged and separately tried for the theft and causing grievous hurt.
234.
(1) When a person is accused of more offences than one of the kind committed within the space of twelve months from the first to the last of offences, whether in respect of the same person or not, he may be charged and tried at one trial for any number of them not exceeding three.

(2) Offences are of the same kind when they are punishable with same amount of punishment under the same section of the Penal Code or of -special or local law

Provided that, for the purpose of this section, an offence punishable under section 379 of the Penal Code shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code, and that offence punishable under any section of the Penal Code, or of any special or local’ law shall be deemed to be an offence of the same kind as an attempt to committ such offence, when such an attempt is an offence.

235.
(1) If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence.
(2) If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with, and tried at one trial for, each of such offences.

(3) If several acts, of which one or. more than one would by itself on themselves constitute an offence, constitute when combined a different offence he person accused of them may be charged with, and tried at one trial for, the offence constituted by such acts when combined, and for any offence constituted any one or more of such acts.

(4) Nothing contained in this section shall affect the Penal Code. Section 71.

Illustrations

to sub-section (1) –
(a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C a constabel in whose custody B was. A may be charged with, and convicted of. offences under sections 225 and 333 of the Penal Code.

(b) A commits house-breaking by day with intent to commit adultery. and commits in the house so entered adultery with B's wife. A may be separately charged with, and convicted of, offences under sections 454 and 497 of the Penal Code.

(c) A entices B, the wife of C, away from C, with intent to commit adultery with B, and then commits adultery with her. A may be separately charged with, and convicted of, the offences. under section 498 and 497 of tie Penal Code.

(d) A has in his possession several seals, knowing them to be counterfeit and intending to use them for the purpose of committing several forgeries punishable under section 466 of the Penal Code. A may be separately charged with, and convicted of. the possession of each seal under section 473 of the Penal Code.

(e) With intent to cause injury to B, A institutes a criminal proceeding against him knowing that there is no just or lawful ground for such proceeding and also falsely accuses B of having committed an offence, knowing that there is no just or lawful ground for such charges. .A may be separately charged with, and convicted of, two offences tinder, section 211 of the Penal Code.

(f) A. with intent to cause injury to B. falsely accuses him of having committed an offence knowing that there is no just or lawful ground for such charge. On the trial. .1 gives false evidence against H. intending thereby to cause B to be convicted of a capital offence may be separately charged with, and convicted of. offences under sections 211 and 194 of the Penal Code.

(g) A, with six others, commits the offences of rioting, grievous hurt and assaulting a public servant endeavouring in the discharge of his duty as such to suppress the riot. A may be separately charged with, and convicted of, offences tinder sections 147. 325 and 152 of the Penal Code.

(h) A threatens B.C and D at the same time with injury to their persons with intent to cause alarm to them. A may be separately charged with, and convicted of, each of the three offences under section 506 of the Penal Code.

The Separate charge referred to in Illustrations (a) to (h) respectively may be tried at the same time.

to sub—section (2)
(i) .4 wrongfully strikes B with a cane. A may be separately charged with, and convicted of. offences under sections 352 and 323 of the Penal Code.

(j) Several stolen sacks of corn are made over to A and B. who know they are stolen property, for the purpose of concealing them. A and B thereupon voluntarily assist each other to conceal the sacks at the bottom of a grain pit. A and B may be separately charged with, and convicted of, offences under sections 411 and 414 of the Penal Code.

(k) A exposes her child with the knowledge that she is thereby likely to cause its death. The child dies in consequence of such exposure. A may be separately charged with. and convicted of. offences under sections 317 and 304 of the Penal Code.

(l) A dishonestly uses a forged document as genuine evidence, in order to convict B, a public servant. of an offence tinder. section 167 of the Penal Code. A may be separately charged with, and convicted of, offences tinder sections 471 (read with 466) and 196 of the Penal Code.

to sub-section (3) -
(m) A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be separately charged with, and convicted of, offences under sections 323, 392 and 394 of the Penal Code.
236.
If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved with constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once: or he may be charged in the alternative with having committed some one of the said offences.
Illustrations

(a) A is accused of an act which may amount to theft or receiving stolen property, or criminal breach of trust, or cheating. He may be charged with theft, receiving stolen property criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property, or criminal breach of trust or cheating.

(b) A states on oath before the Magistrate that he saw B hit C with a club. Before he Sessions Court A states on oath that B never hit C.A may be charge in the alternative and convicted of intentionally giving false evidence, although it cannot be proved which of these contradictory statements was false.
237.
If, in the case mentioned in section 236. the accused is chained with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of that section, he may be convicted of the offence which he is shown to have committed, although he was mot charged with it.
Illustrations

A is charged with theft. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be) though he was not charged with such of fence.
238.
(1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it.

(2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence although he is not charged with it.

(2A) When a person is charged with an offence, he may be Convicted of an attempt to commit such offence although the attempt is not separately charged

(3) Nothing in this section shall be deemed to authorize a conviction of any offence referred to in section 198 or section 199 when no complaint has been made as required by that section.

Illustrations

(a) A is accused, under section 407 of the Penal Code, with criminal breach of trust in respect of property entrusted to him as a carrier, it appears that he did commit criminal breach of trust under section 406 in respect of the property, but that it was not entrusted it to him as a carrier. He may be convicted of criminal breach of trust under section 406.

(b) A is charged, tinder section 325 of the Penal Code, with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under section 335 of that Code.
239.
The following persons may be charged and tried together, namely-

(a) persons accused of the same offence committed in the course of the same
transaction

(b) persons accused of an offence and persons accuesed of abetment or an attempt to commit such offence.

(c) persons accused of more than one offence of the same kind. Within the meaning of section 234. committed by them jointly within the period of twelve months;

(d) persons of different offences committed in the course of the same transaction

(e) persons accused of an offence which includes theft, extortion, or criminal misappropriation, and persons accused of receving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first-named persons, or of abetment of or attempting to commit any such last-named offence,

(f) persons accused of offences under sections 411 and 414 of the Penal Code or either of those sections in respect of stolen property the possession of which has been transferred by one offence, and

(g) persons accused of any offence under Chapter XII of the Penal Code relating to counterfeit coin, and persons accused of arty other offence under the said Chapter relating to the same coin. or of abetment of or attempting to commit any such offence;

and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges.

240.
WitWhen in the same trial several charges are framed against the same person and when a conviction has been had on one or more of such charges the complainant or the officer in charge of the prosecution may, with the consent of he Court, at any time before judgment is pronounced or the verdict of the jury is retuned on the remaining charge or charges, withdraw such charge or charges, or he Court of its own accord may stay the trial of such charge or charges. Such withdrawal or stay shall have the effect of an acquittal on such charge or charges unless the conviction be set aside, in which case the Court (subject to the order of he Court setting aside the conviction) may proceed with the trial of the charge or charges so withdrawn or stayed.hdrawal of remaining charges on conviction on one of several charges.

CHAPTER XX
OF THE TRIAL OF SUMMONS-CASES BY MAGISTRATES
241.
The following procedure shall be observed by Magistrates in the trial of summons cases.

242.
When the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked if he has any cause to show why he should not be convicted but it shall not be necessary to frame a formal charge.

243.
If the accused admits that he has committed the offence of which he is accused, his admission shall be recorded as nearly as possible in the words used by him and, if he shows no sufficient cause why he should not be convicted, the Magistrate may convict him accordingly.

244.
1 (1) If the Magistrate does not convict the accused under section 243 or if the accused does not make such admission, the Magistrate shall proceed to hear the complainant (if any) and take all such evidence as may be produced in support of the prosecution and also, if the accused desires to give evidence on his own behalf, to hear the accused, or, if the accused does not desire to give evidence, to examine the accused, and take all such evidence as the accused produces in his defence provided that the Magistrate shall not be bound to hear any person as complainant in any case in which the complaint has been made by a Court.

(2) The Magistrate may, if he thinks fit, on the application of the complainant or accused, issue a summons to any witness directing him to attend or to produce any document or other thing.

(3) The Magistrate may, before summoning any witness on such application, require that his reasonable expenses, incurred in attending for the purposes of the trial, be deposited in Court.

245.
(1) If the Magistrate, upon taking the evidence referred to in section 244 and such further evidence (if any) as he may, of his own motion, cause to be produced, and [(if the accused does not give evidence)] 1 examining the accused. Finds the accused not guilty, he shall record an order of acquittal.
(2) Where the Magistrate does not proceed in accordance with the provisions of section 349 or section 562, he shall, if he finds the accused guilty, pass sentence upon him according to law.

246.
A Magistrate may, under section 243 or section 245, convict the accused of any offence triable under this Chapter which from the facts admitted or roved he appears to have committed, whatever may be the nature of the complaint or summons.

247.
If the summons has been issued on complaint, and upon the day appointed for the appearance of the accused, or any day subsequent thereto to which he hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks proper to adjourn the hearing of the case to some other day.

Provided that, where the complainant is a public servant and his personal attendance is not required, the Magistrate may dispense with his attendance proceed with the case.

248.
If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused.

249.
In any case instituted otherwise than upon complaint, a Magistrate of the first class, or with the previous sanction of the District Magistrate any other magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment either of acquittal or conviction, and nay thereupon release the accused.

Frivolous Accusation in Sommons and Warrant Cases
250.
(1) If, in any case instituted upon complaint or upon information given to a police-officer or to a Magistrate, one or more persons is or are accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges or acquits all or any of the accused, and is of opinion that the accusation against them or any of them was false and either frivolous or vexatious, the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information. the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one or if such person is not present, direct the issue of a summons to him to appear and cause as aforesaid.
(2) The Magistrate shall record and consider any cause which such complainant or informant may show and if he is satisfied that the accusation was false and either frivolous or vexatious may, for reasons to be recorded, direct that compensation to such amount not exceeding one hundred rupees or, if the Magistrate is a Magistrate of the third class, not exceeding fifty rupees, as he may determine, be paid by such complainant or informant to the accused or to each or any of them.

(2A) The Magistrate may, by the order directing payment of the compensation under sub-section (2), further order that, in default of payment, the persons ordered to pay such compensation shall suffer simple imprisonment for a period not exceeding thirty days.

(2B) When any person is imprisoned under sub-section (2A), the provisions of sections 68 and 69 of the Penal Code shall, so far as may be, apply.

(2C) No person who has been directed to pay compensation under this section shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made or information given by him

Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter.

(3) A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the second or third class to pay compensation [* * * ]1 may appeal from the order, in so far as the order relates to the payment of the compensation, as if such complainant or informant had been convicted on a trial held by such. Magistrate.

(4) When an order for payment of compensation to an accused person is made in a case which is subject to appeal under sub-section (3), the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided and, where such order is made in a case which is not so subject to appeal the compensation shall not be paid before the expiration of one month from the date of the order.

CHAPTER XXI
OF THE TRIAL OF WARRANT-CASES BY MAGISTRATES
251.
The following procedure shall be observed by Magistrates in the trial of warrant-cases.

252.
(1) When the accused appears or is brought before a Magistrate, such Magistrate shall proceed to hear the complainant (if any) and take all such evidence as may be produced in support of the prosecution, and the accused shall have the right to cross-examine the complainant (if any) and the witnesses produced m support of the prosecution:

Provided that the Magistrate shall not be bound to hear any person as complainant in any case m which the complaint has been made by the Court.

(2) The Magistrate shall ascertain, from the complainant or otherwise, the names of any persons likely to be acquainted with the facts of the case and to be able to give evidence for the prosecution, and shall summon to give evidence before himself such of them as he thinks necessary, and the accused shall have the right to cross-examine such person summoned to give evidence for the prosecution.

253.
(1) If , upon taking all the evidence referred to in section 252 and making such examination (if any) of the accused as the Magistrate thinks necessary, he finds that no case against the accused has been made out which, if unrequited would warrant his conviction, the Magistrate shall discharge him

(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be C recorded by such Magistrate, he considers the charge to be groundless.

254.
If, when such evidence and examination have been taken and made. or at any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused had committed an offence triable under this Chapter which such Magistrate is competent to try, and which, in his opinion. could be adequately punished by hum he shall frame in writing a charge against the accused.

255.
(1) The charge shall then be. read and explained to the accused, and he shall be asked whether he is guilty or has any defence to make.

(2) If the accused pleads guilty, the Magistrate shall record the plea. and may in his discretion convict him thereon.

255A.
In a case where a previous conviction is charged under the provisions of section 221. sub-section (7). and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may after he has convicted the said accused under section 255. sub-section (2). or section 258. take evidence in respect of the alleged previous conviction, and shall record a finding thereon.

256.
(1) If the accused refuses to plead, or does not plead or claims to be tried, he shall be required to state forthwith whether he wishes to cross-examine any, and, if so, which of the witnesses for the prosecution whose evidence has been taken. If he says that he does so wish, the witnesses named by him shall be recalled and, after cross-examination and re-examination (if any), they shall be discharged. The evidence of any remaining witnesses for the prosecution shall next be taken, and after cross-examination and re-examination (if any) they also shall be discharged. The accused shall then be called upon to enter upon his defence, and if he puts in any written statement it shall be filed with the record.
(2) On entering upon his defence the accused shall be asked whether he desires to give evidence on his own behalf and the Magistrate shall warn him in the manner required by sub-section (1) of section 342. If the accused decides to give evidence, his evidence shall next be taken, and after his cross-examination -and re-examination (if any) the evidence of witnesses for the defence (if any) shall be taken. If the accused declines to give evidence, he shall, before the evidence of - the witnesses for the defence is taken, be examined in the manner provided by sub-section (2) of section 342.

257.
(1) If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the -~ purpose of vexation or delay or for defeating the ends of justice. Such ground shall be recorded by him in writing:
Provided that, when the accused has cross-examined or had the opportunity of cross-examining any witness after the charge is framed, the attendance of such witness shall not be compelled under this section. unless the Magistrate is satisfied that it is necessary for the purposes of justice.

(2) The Magistrate may, before summoning any witness on such application, require that his reasonable expenses incurred in attending for the purposes of the trial be deposited in Court.

258.
(1) If in any case under this Chapter in which a charge has been framed the Magistrate finds the accused not guilty, he shall record an order of acquittal -

(2) Where in any case under this Chapter the Magistrate does not proceed in accordance with the provisions of section 349 or section 562, he shall, if he finds the accused guilty, pass sentence upon him according to law.

259.
When the proceedings have been instituted upon complaint, and upon any day fixed for the hearing of the case the complainant is absent, and the offence may be lawfully compounded, or is not a cognizable offence, the Magistrate may in his discretion, notwithstanding anything, hereinbefore contained, at any time before the charge has been framed, discharge the accused.

CHAPTER XXII
OF SUMMARY TRIALS
260.
(1) Notwithstanding anything contained in this Code-

(a ) the District Magistrate,

(b ) any Magistrate of the first class specially empowered in this behalf by the President of the Union, and

(c) any Bench of Magistrates invested with the powers of a Magistrate of the first class and specially empowered in this behalf by the President of the Union.

may, if he or they think fit, try in a summary way all or any of the following offences

1[(a) offences not punishable with death, transportation or imprisonment for a term exceeding one year;

(b) theft, under section 379,380 or 381 of the Penal Code, where the value or the property stolen does not exceed one hundred rupees,

(c) dishonest misappropriation of property under section 403, and criminal breach of trust under section 406, of the same Code, where the value of the property misappropriated or converted does not exceed one hundred rupees;

(d) receiving of retaining stolen property under section 4711, and assisting in the concealment or disposal of stolen property under section 414, of the same Code, where the value of such property does not exceed one hundred rupees;

(e) mischief under section 427 of the same Code;

(f) offences under sections 451, 453, 454, 456 and 457 of the same Code;

(g) insult with intent to provoke a breach of the peace under section 504, and criminal intimidation under section 506, of the same Code;

(h) abetment of any of the foregoing offences;

(I) attempt to commit any of the foregoing offences, when such attempt is an offence;

(j) offences under section 20 of the Cattle Trespass Act:]

Provided that no case in which a Magistrate exercises the special powers conferred by section 34 shall be tried in a summary way.

(2) When in the course of a summary trial it appears to the Magistrate or Bench that the case is one which is of a character which renders it undesirable that it should be tried summarily, the Magistrate or Bench shall recall any witnesses who may have been examined and proceed to re-hear the case in manner provided by this Code.

261.
The president of the Union may confer on any Bench of magistrates invested with the powers Of a Magistrate of the second or third class power to try summarily all or any of the following offences :-
1[(a) offences not punishable with death, transportation or imprisonment for a term exceeding three months;

(b) offences against sections 264, 265. 266, 269, 271, 272. 273,274, 275, 276, 279, 280, 282, 284, 285, 286, 289, 290, 291, 292, 293, 294, 323, 337, 342, 374, 434, 448 and 504, of the Penal Code;

(c) theft under section 379 or 380 of the same Code, where the value of the property stolen does not exceed fifty rupees;

(d) dishonest misappropriation of property under section 403 of the same Code, where the value of the property misappropriated does not exceed fifty rupees;

(e) receiving or retaining stolen property under section 411, and assisting in the concealment or disposal of stolen property under section 414 of the same Code, where the value of such property does not exceed fifty rupees;

(f) abetment of any of the foregoing offences;

(g) attempt to commit any of the foregoing offences when such attempt is an offence.]

262.
(1) In trials under this Chapter, the procedure prescribed for summons-cases shall be followed in summons-cases, and the procedure prescribed for warrant-cases shall be followed in warrant-cases, except as hereinafter mentioned.

(2) No sentence of imprisonment for a term exceeding [six months]1 shall be passed in the case of any conviction under this Chapter.

263.
In cases where no appeal lies, the Magistrate or Bench of Magistrates need not record the evidence of the witnesses or frame a formal charge but he or they shall enter in such form as the President of the Union may direct the following particulars
(a) the serial number;

(b) the date of the commission of the offence;

(c) the date of the report or complaint;

(d) the name of the complainant (if any);

(e) the name, percentage and residence of the accused.

(f) the offence complained of and the offence (if any)proved, and in cases coming [under clause (b), clause (c) or clause (ct) of subsection (1) of section 260 or clause (c), clause (d) or clause (e) of section 261,11 the value of the property in respect of which the offence has been committed,

(g) the plea of the accused and his examination (if any);

(h) the finding, and in the case of a conviction a brief statement of the reasons therefore ;

(i) the sentence or other final order; and

(j) the date on which the proceedings terminated.

264.
(1) In every case tried summarily by a Magistrate or Bench in which an appeal lies, such Magistrate or Bench shall, before passing sentence, record a judgment embodying the substance of the evidence and also the particulars mentioned in section
(2) Such judgment shall be the only record in cases coming within this section.

265.
(1) Records made under section 263 and judgments recorded under section 264 shall be written or prepared by the Magistrate [* * * * ]( Note ) in the language of the Court, and shall be signed by him.
(2) The President of the Union may authorize any Bench of Magistrates empowered to try offences summarily to prepare the aforesaid record or judgment by means of an officer appointed in this behalf by the District Magistrate, and the record or judgment so prepared shall be signed by each member of the Bench present and taking part in the proceedings.

(3) If no such authorization is given, the record prepared by any member of the Bench and signed as aforesaid shall be the proper record.

(4) If the members of the Bench differ in opinion any dissentient member may write a separate judgment.

CHAPTER XXIII
OF TRIALS BEFORE THE HIGH COURT AND COURTS OF SESSION

A. - Preliminary

266.
* * * *

267.
All trials under this Chapter before the High Court shall be by jury and, notwithstanding anything herein contained, in all criminal cases transferred to the High Court the trial may, if the High Court so directs, be by jury

268.
* * * *

269.
(1) The President of the Union may, by order in the Gazette, direct that the trial of all offences. or of any particular class of offences, before any Court of Session, shall be by jury in any district. and may revoke or alter such order.

(2) The President of the Union, by like order, may also declare that. in the case of any district in which the trial of any offence is to be by jury, the trial of such offences shall, if the Judge on application made to him or of his own motion so directs, be by jurors summoned from a special jury list, and may revoke or alter such order
(3) When the accused is charged at the same trial with several offences of which some are and some are not triable by jury, he shall be tried by jury for such of those offences as are triable by jury. and by the Court of Session [* * * * ] 1 for such of them as are not triable by jury.

270.
In every trial before a Court of Session the prosecution’ shall be conducted by a Public Prosecutor.

B. - commencement of Proceedings
271.
(1) When the Court is ready to commence the trial, the accused shall appear or be brought before it, and the charge shall be read out in Court and explained to him, and he shall be asked whether he is guilty of the offence charged, or claims to be tried.
(2) If the accused pleads guilty, the plea shall be recorded, and he may be convicted thereon.

272.
If the accused refuses to or does not plead, or if he claims to be tried, die Court shall proceed to choose jurors (if the offence is triable by jury) as herein after directed and to try the case provided that, subject to the right of objection hereinafter mentioned, the same jury may try as many accused persons successively as the Court thinks fit.

273.
(1) In trials before the High Court, when it appears to the High Court, at any time before the commencement of the trial of the person charged, that any charge or any portion thereof is clearly unsustainable, the Judge may make on the charge an entry to that effect.
(2) Such entry shall have the effect of staying proceedings upon the charge or portion of the charge, as the case may be.

C. - Choosing a Jury
274.
(I) In trials before the High Court the jury shall consist of nine persons.
(2) In trials by jury before the Court of Session the jury shall consist of such uneven number, not being less than five or more than nine, as the President of the Union, by order applicable to any particular district or to any particular class of offences in that district, any direct:

Provided that, where any accused person is charged with an offence punishable with death, the jury shall consist of not less than seven persons [* * * ] 2

275.
* * * *

276.
The jurors shall be chosen by lot from the persons summoned to act a such in such manner as the High Court may from time to time by rule direct
Provided that -

first, pending the issue under this section of rules for any Court the practice now prevailing in such Court in respect to the choosing of jurors shall be followed;

secondly, in case of a deficiency of persons summoned, the number of jurors required may, with the leave of the Court. be chosen from such persons as may be present;

thirdly, in a trial at Yangon before the High Court –

(a) if the accused person is charged with having committed an offence punishable with death, or

(b) if in any other case a Judge of the High Court so directs, the jurors shall be chosen from the special jury list hereinafter prescribed ; and

fourthly, in any district for which the President of the Union has declared that the trial of certain offences may be by special jury the jurors shall, in any case in which the Judge so directs, be chosen from the special jury list prescribed in section 325.

277.
(1) As each juror is chosen, his name shall be called aloud, and upon appearance the accused shall be asked if he objects to be tried by such juror.
(2) Objection may then taken to such juror by the accused or by the prosecutor, and the grounds of objection shall be stated:

Provided that, in the High Court objection without grounds stated shall be allowed to the number of eight on behalf of the Government and eight on behalf of the person or all the persons charged.

278.
Any objection taken to juror on any of the following grounds, if made out to the satisfaction of the Court, shall be allowed

(a) some presumed or actual partiality in the juror,

(b) some personal grounds, such as alien age, deficiency in the qualification required by any law or rule having the force of law for the time being in force, or being under the age of twenty-one or above the age of sixty years;

(c) his having by habit or religious vows relinquished all care of worldly affairs;

(d) his holding any office in or under the Court;

(e) his executing any duties of police or being entrusted with police-duties;

(f) his having been convicted of any offence which, in the opinion of the Court, renders him unfit to serve on the jury;

(g) his inability to understand the language in which the evidence is given, or when such evidence is interpreted the language in which it is interpreted;

(h) any other circumstance which, in the opinion of the Court, renders him improper as a juror.

279.
(1) Every objection taken to a juror shall be decided by the Court, and such decision shall be recorded and be final.
(2) If the objection is allowed, the place of such juror shall be supplied by any other juror attending in obedience to a summons and chosen in manner provided by section 276. or if there is no such other juror present, then by any other person present in the Court whose name is on the list of jurors, or whom the Court considers a proper person to serve on the jury:

Provided that no objection to such 0juror or other person is taken under section 278 and allowed.

280.
(1) When the jurors have been chosen, they shall appoint one of their number to be foreman.
(2) The foreman shall preside in the debates of the jury, deliver the verdict of the jury, and ask any information from the Court that is required by the jury or any of the jurors.

(3) If a majority of the jury do not, within such time as the judge thinks reasonable, agree in the appointment of a foreman, he shall be appointed by; the Court.

281.
When the foreman has been appointed. the jurors shall be sworn under the Oaths Act.

282.
(1) If, in the course of a trial by jury at any time before the return of the verdict, any juror, from any sufficient cause, is prevented from attending throughout the trial, or if any juror absents himself and it is not practicable to enforce his attendance, or if it appears that any juror is unable to understand the language in which the evidence is given or. when such evidence is interpreted, the language in which it is interpreted, a new juror shall be added, or the jury shall be discharged and a new jury chosen.
(2) In each of such cases the trial shall commence a new.

283.
The judge may also discharge the jury whenever the prisoner becomes incapable of remaining at the bar.

D. - Choosing Assessors
284.
* * * *

284A.
* * * *
285.
* * * *

DD. - Joint Trials
285A.
* * * *

E. - Trial to close of Cases for Prosecution and Defence.
286.
² (1) If the trial is by jury, when the jurors have been chosen, or if the trial is without a jury, when the accused has refused to plead or has claimed to be tried, the prosecutor shall open his case by reading from the Penal Code or other law the description of the offence charged and stating briefly by what evidence he expects to prove the guilt of the accused.

(2) The prosecutor shall then examine his witnesses.

287.
The examination of the accused [it any] 2 duly recorded by or before the committing Magistrate shall be tendered by the prosecutor and read as evidence

288.
The evidence of a witness duly recorded in the presence of the accused under Chapter XVIII may, in the discretion of the presiding Judge, if such witness is produced and examined, be treated as evidence in the case for all purposes subject to the provisions of the Evidence Act

289.
(1) When the examination of the witness for the prosecution is concluded, the accused shall be asked whether he desires to give evidence on his own behalf and whether he means to adduce evidence and the presiding Judge shall warn the accused in the manner provided by sub-section (1) of section 342.
(2) If the accused declines to give evidence he shall be examined for the purpose of enabling him to explain any circumstances appearing in the evidence against him, unless the presiding Judge considers such examination unnecessary.

(3) If the accused declines to give evidence and states that he does not mean to adduce evidence, then after the examination (if any) of the accused is concluded the prosecutor may sum up his case, and if the Court considers that there is no evidence that the accused committed the offence it may record a finding of acquittal. or in a case tried by jury direct the jury to return a verdict of not guilty.

(4) If the accused, or any one of several accused, desires to give evidence on his own behalf or says that he means to adduce evidence, and the Court considers that there is no evidence that the accused committed the offence. It may nevertheless record a finding of acquittal, or in a case tried by jury direct the jury to return a verdict of not guilty.

(5) If the accused, or any one of several accused, says that he means to adduce evidence, and the Court considers that there is evidence that he committed the offence, or it on his saying that he does not mean to adduce evidence the prosecutor sums up his case and the Court considers that there is evidence that the accused committed the offence, the Court shall call on the accused to enter upon his defence.

290.
The accused or his pleader may then open his case, stating the facts or law on which he intends to rely, and making such comments as he thinks necessary on the evidence for the prosecution. The accused shall then give evidence, if he desires to give evidence, on his own behalf, and after his examination, cross examination and re-examination (if any) he shall examine his witnesses (if any), and after their cross-examination and re-examination (if any) he may sum up his case

291.
The accused shall be allowed to examine any witness not previously named by him, if such witness is in attendance but he shall not, except as provided in sections 211 and [228]’. be entitled of right to have any witness summoned, other than the witnesses named in the list delivered to the Magistrate by whom he was committed for trial.

292.
The prosecutor shall be entitle to reply -

1 (a) If the accused or any of the accused examines any witness or

(b) with the permission of the Court on a point of law , or

(c) with the permission of the Court when any document which does not need to be proved is produced by any accused person after he enters on his defence:

Provided that, in the case referred to in clause (c) the reply shall, unless the Court otherwise permits. be restricted to comment on the document so produced.

293.
(1) Whenever the Court thinks that the jury [* *]² should view the place in which the offence charged is alleged to have been committed, or any other place in which any other transaction material to the trial is alleged to have occurred, the Court shall make an order to that effect, and the jury [* *]2 shall be conducted in a body under the care of an officer of the Court to such place which shall be shown to them by a person appointed by the Court.

(2) Such officer shall not, except with the permission of the Court suffer any other person to speak to, or hold any communication with. any of the jury [* *]2 and, unless the Court otherwise directs, they shall, when the view is finished, be immediately conducted back into Court.

294.
If a juror [* *]2 is personally acquainted with any relevant fact it is his duty to inform the Judge that such is the case. Whereupon he may be sworn examined, cross-examined and re-examined in the same manner as any other 1, witness.

295.
If a trial is adjourned. the jury [* *]1 shall attend at the adjourned sitting, and at every subsequent sitting, until the conclusion of the trial.

296.
The High Court may, from time to time, make rules as to keeping the jury together during a trial [ * * ]1 lasting for more than one day and subject to such rules, the presiding Judge may order whether and in what manner the jurors shall be kept together under the charge of an officer of the Court. or whether they shall be allowed to return to their respective homes.

F. - Conclusion of Trial in Cases tried by Jury.
297.
In cases tried by jury, when the case for the defence and the prosecutor's reply (if any) are concluded, the Court shall proceed to charge the jury, summing up the evidence for the prosecution and defence, and laying down the law by which the jury are to be guided.

298.
(I) In such cases it is the duty of the Judge

(a) to decide all questions of law arising in the course of the trial, and especially all questions as to the relevancy of facts which it is proposed to prove, and the admissibility of evidence or the propriety of questions asked by or on behalf of the parties and, in his discretion, to prevent the production of inadmissible evidence. whether it is or is not objected to by the parties;

(b) to decide the meaning and construction of all documents given in evidence at the trial

(c ) to decide upon all matters of fact which it may be necessary to prove in order to enable evidence of particular matters to be given,

(d ) to decide whether any question which arises is for himself or for the jury, and upon this point his decision shall bind the jurors.

(2) The Judge may, if he thinks proper, in the course of his summing up, express to the jury his opinion upon any question of fact, or upon any question of mixed law and fact, relevant to the proceeding.

Illustrations

(a) It is proposed to prove a statement made by a person not being a witness in the case, on the ground that circumstances are proved which tender evidences of such statement admissible.
It is for the Judge, and not for the jury, to decide whether the existence of those circumstances has been proved.

(b) It is proposed to give secondary evidence of a document the original of which is alleged to have been lost or destroyed.
It is the duty of the Judge to decide whether the original has been lost or destroyed.

299.
It is the duty of the jury -

(a ) to decide which view of the facts is true and then to return the verdict which under such view ought, according to the direction of the Judge, to be returned;

(b ) to determine the meaning of all technical terms (other than terms of law) and words used in an unusual sense which it may be necessary to determine, whether such words occur in documents or not;

(c ) to decide all questions which according to law are to be deemed questions of fact.

(d ) to decide whether general indefinite expressions do or do not apply to particular cases, unless such expressions refer to legal procedure or unless their meaning is ascertained by law, in either of which cases it is the duty of the Judge to decide their meaning.

Illustrations

(a) A is tried for the murder of B.

It is the duty of the judge to explain to the jury the distinction between and culpable homicide, and to tell them under what views of the facts A ought to be convicted or murder, or of culpable homicide, or to be acquitted.

It is the duty of the jury to decide which view of the facts is true and to return a verdict in accordance with the direction of the Judge, whether that direction is right or wrong, and whether they do or do not agree with it.

(b) The question is whether a person entertained a reasonable belief on a particular point-whether work was done with reasonable skill or due diligence.

Each of these is a question for the jury.

300.
In cases tried by jury, after the Judge has finished his charge the jury may retire to consider their verdict.
Except with the leave of the Court, no person other than a juror shall speak to or hold any communication with any member of such jury.

301.
When the jury have considered their verdict, the foreman shall inform the Judge what is their verdict, or what is the verdict of a majority.

302.
If the jury are not unanimous, the Judge may require them to retire for further consideration. After such a period as the Judge considers reasonable, the jury may deliver their verdict, although they are not unanimous.

303.
(1) Unless otherwise ordered by the Court, the jury shall return a verdict on all the charges on which the accused is tried, and the Judge may ask hem such questions as are necessary to ascertain what their verdict is.
(2) Such questions and the answers to them shall be recorded.

304.
When by accident or mistake a wrong verdict is delivered, the jury may, before ir immediately after it is recorded, amend the verdict, and it shall stand as ultimately amended.

305.
(1) When in a case tried before the High Court the jury are unanimous in their opinion, or when as many as six are of one opinion and the Judge agrees with them, the Judge shall give judgment in accordance with such opinion.
(2) When in any such case the jury are satisfied that they will not be unanimous, but six of them are of one opinion, the foreman shall so inform the Judge.

(3) If the Judge disagrees with the majority, he shall at once discharge the jury.

(4) If there are not so many as six who agree in opinion, the Judge shall, after the lapse of such time as he thinks reasonable, discharge the jury.

306.
(1) When in a case tried before the Court of Session the Judge does not think it necessary to express disagreement with the verdict of the jurors or of a majority of the jurors, he shall give judgment accordingly.
(2) If the accused is acquitted, the Judge shall record judgment of acquittal. If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 562. pass sentence on him according to law.

307.
(1) If in any such case the Judge disagrees with the verdict of the jurors, or of a majority of the jurors, on all or any of the charges on which any accused person has been tried, and is clearly of opinion that it is necessary for the ends of justice to submit the case in respect of such accused person to the High Court, he shall submit the case accordingly, recording the grounds of his opinion, and, when the verdict is one of acquittal, stating the offence which he considers to have been committed, and in such case, if the accused is further charged under the provisions of section 310, shall proceed to try him on such charge as if such verdict had been one of conviction.
(2) Whenever the Judge submits a case under this section, he shall not record judgment of acquittal or of conviction on may of the charges on which such accused has been tried, but he may either remand such accused to custody or admit him to bail.

(3) In dealing with the case so submitted the High Court may exercise any of the powers which it may exercise on an appeal, and subject thereto it shall, after considering the entire evidence and after giving due weight to the opinions of the Sessions Judge and the jury, acquit or convict such accused of any offence of which the jury could have convicted him upon the charge framed and placed before it; and, if it convicts him, may pass such sentence as might have been passed by the Court of Session.

G. - Re-trial of Accused after Discharge of Jury.
308.
Whenever the jury is discharged, the accused shall be detained in custody or on bail (as the case may be). and shall be tried by another jury unless the Judges considers that he should not be re-tried, in which case the Judge shall make an entry to that effect on the charge, and such entry shall operate as an acquittal.

H. - Conclustion of Trial in cases tried without a Jury.
309.
When in a case tried without a jury the case for the defence and the prosecutor’s reply (if any) are concluded, the Judge shall give judgment, and if the accused is convicted he shall, unless he proceeds in accordance with the prov1. ions of section 562, pass sentence on the accused according to law.

I. - Procedure in case of Previous Conviction.
310.
In the case of a trial by jury, when the accused is charged with an offence and is further charged that he is by reason of a previous conviction liable o enhanced punishment or to punishment of a different kind for such subsequent ) offence, such further charge shall not be read out in Court and the accused shall not be asked to plead thereto, nor shall the same be referred to by the prosecution or any evidence adduced thereon, unless and until -

(i) he has been convicted of the subsequent offence, or

(ii) the jury have delivered their verdict on the charge of the subsequent offence.

311.
Notwithstanding anything in the last foregoing section, evidence of the previous conviction may be given at the trial for the subsequent offence, if the fact of the previous conviction is relevant under the provisions of the Evidence Act.

J. - List of Jurrors for Hight Court and Summoning Jurors for that Court.
312.
The High Court may prescribe the number of persons whose names hall be entered at any one time in the special juror’s list.
* * * *

313.
(1) The Clerk of the Court shall, before the first day of April in each year, and subject to such rules’ as the High Court from time to time prescribes, prepare -

(a) a list of all persons liable to serve as common jurors and

(b) a list of persons liable to serve as especial jurors only.

(2) Regard shall be had, in the preparation of the latter list, to the property, character and education of the persons whose names are entered therein.

(3) No person shall be entitled to have his name entered in the special juror’s list merely because he may have been entered in the special juror’s list for a previous year.

(3A) Members of either Chamber of the Union Parliament shall be exempt from serving as jurors.

(4) The President of the Union may exempt any salaried officer2 of Government from serving as a juror

(5) The Clerk of the Court shall, subject to such rules as aforesaid, have full discretion to prepare the said list as seems to him to be proper, and there sha1l be no appeal from, or review of, his decision.

314.
(1) Preliminary lists of persons liable to serve as common jurors and is special jurors, respectively, signed by the Clerk of the Court, shall be published one in the Gazette before the fifteenth day of April next after their preparation.
(2) Revised lists of persons liable to serve as common jurors and special jurors, respectively, signed as aforesaid, shall be published once in the Gazette before he first day of May next after their preparation.

(3) Copies of the said lists shall be affixed to some conspicuous part of the court-house.

315.
(1) Out of the persons named in the revised lists aforesaid, there shall be summoned for each sessions in Yangon as many of those who are liable to serve on special or common juries respectively as the Clerk of the Court considers necessary.

(2) No person shall be so summoned more than once in six mc unless the number cannot be made up without him.

(3) If, during the continuance of any sessions, it appears that the number of persons so summoned is not sufficient, such number as may be necessary of other persons liable to serve as aforesaid shall summoned for such sessions

316.
Whenever the High Court has given notice of its intention to hold sittings at any place outside Yangon for the exercise of its original criminal jurisdiction, the Court of Session at such place shall, subject to any direction which may be given by the High Court, summon a sufficient number of jurors from its own list, in the manner hereinafter prescribed for summoning jurors to the Court of Session.

317.
(1) In addition to the persons so summoned as jurors, the said Court of Session shall, if it thinks needful, after communication with the Commanding Officer, cause to be summoned such number of commissioned and non-commissioned officers in (the Myanmar)¹ Army or Air Force resident within ten miles of its place of sitting as the Court considers to be necessary to make up the juries required for the trial of persons charged with offences before the High Court as aforesaid.
(2) All officers so summoned shall be liable to serve on such juries notwithstanding anything 3ontained in this Code but no such officer shall be summoned whom his Commanding Office desires to have excused on the ground of urgent official duty, or for any other special official reason.

318.
Any person summoned under section 3 15, section 3 16 or section 317, who without lawful excuse fails to attend as required by the summons, or who, having attended, departs without having obtained the permission of the Judge. or fails to attend after an adjournment of the Court after being ordered to attend, shall be deemed guilty of a contempt and be liable, by order of the Judge, to such fine as he thinks fit: and, in default of payment of such fine, to imprisonment for a term not exceeding six months in the civil jail until the fine is paid:
Provided that the Court may in its discretion remit any fine or imprisonment so imposed.

K. - List of Jurors for Court of Session and summoning Jurors for that Court.
319.
All male persons between the ages of twenty-one and sixty shall, except as next hereinafter mentioned, be liable to serve as jurors [* *]¹ at any trial held within the district in which they reside, or, if the President of the Union, consideration of local circumstances, has fixed any smaller area in this behalf within the area so fixed.

320.
The following persons are exempt from liability to serve as jurors [* * ]¹namely:-
(a) officers in civil employ superior in rank to a District Magistrate ; (aa) members of either Chamber of the Union Parliament

(b) salaried Judges

(c) Commissioners and Collectors of Revenue or Customs;

(d) police-officers and persons engaged in the Preventive Service in the Customs Department;

(e) persons engaged in the collection of the revenue whom the Collector thinks fit to exempt on the ground of official duty;

(f) persons actually officiating as priests or ministers of their respective religions

(g) persons in [the Myanmar]2 Army, Navy, or Air Force, except when, by any law in force for the time being, they are specially, made liable to serve as jurors [ * * ]¹;

(h) surgeons and others who openly and constantly practise the medical profession;

(i) legal practitioners (as defined by the Legal Practitioners’ Act) in . actual practice;

(j) persons employed in the Post-Office and Telegraph Departments;

(k) persons exempted from personal appearance in Court under the provisions of the Code of Civil Procedure:

(l) other persons exempted by the President of the Union from liability
to serve as jurors [* *]¹
321.
(1) The Clerk of the Court shall prepare and make out in alphabetical order a list of persons liable to serve as jurors and qualified in his judgment to serve as such and not likely to be successfully objected to under section 278, clauses (b) to (h) both inclusive.

(2) The list shall contain the name, place of abode and quality or business of every such person.

322.
Copies of such list shall be stuck up [* * * *]² in the court-houses of the District Magistrate and of the District Court, and extracts there from in some conspicuous place in the town or towns in or near which the persons named in the extract reside.

323.
To every such copy or extract shall be sub-joined a notice stating that -objections to the list will be heard and determined by the Sessions Judge and [District Magistrate]’ at the sessions court-house, and at a time to be mentioned in the notice.

324.
(1) For the hearing of such objections the Sessions Judge shall sit with the [District Magistrate]¹ and shall, at the time and place mentioned in the notice, revise the list and hear the objections (if any) of persons interested in the amendment thereof, and shall strike out the name of any person not suitable in their judgment to serve as a juror, [* * * *]2 or who may establish his right to any exemption from service given by section 320, and insert the name of any person omitted from the list whom they deem qualified for such service.
(2) In the event of a difference of opinion between the Sessions Judge -and the [District Magistrate]¹, the name of the proposed juror [* *]¹ shall be omitted from the list.

(3) A copy of the revised list shall be signed by the Sessions Judge and [District Magistrate]’ and sent to the [Clerk of the Court]¹.

(4) Any order of the Sessions Judge and [District Magistrate]’ in preparing and revising the list shall be final.

(5) Any exemption not claimed under this section shall be deemed to be waived until the list is next revised.

(6) The list so prepared and revised shall be again revised once in every year.

(7) The list so revised shall be deemed a new list and shall be subject to all the rules hereinbefore contained as to the list originally prepared.

325.
In the case of any district for which the President of the Union has declared that the trial of certain offences shall, if the Judge so direct, be by special jury, the [Clerk of the Court]¹ shall prepare, in addition to the revised list here before prescribed, a special list containing the names of such jurors as are on the revised list and are, [in his opinion]¹, by reason of their possessing super qualifications in respect of property, character or education, fit persons to serve special jurors: Provided always that the inclusion of the name of any person -such special list shall not involve the removal of his name from the revised list relieve him of his liability to serve as an ordinary juror in case not tried by Jury.

326.
¹(1) The Clerk of the Court shall ordinarily at least seven days the date fixed for holding the sessions summon as many persons named in said revised list or the said special list as seem to him to be needed for trials jury at the said sessions, the number to be summoned being not less than the number required for any such trial.
(2) The names of the persons to be summoned shall be drawn by lot .n open Court, excluding those who have served within six months unless the number cannot be made up without them and the names so drawn shall be specified in the said letter.

²(3)(4) * * * *

327.
The [Clerk of the Court]’ may direct jurors [* * ]² to be summoned it other periods than the period specified in section 326, when the number of trials before the Court renders the attendance of one set of jurors [* *]² for a whole session oppressive or whenever for other reasons such direction is found to e necessary.

328.
Every summons to a juror [* *]² shall be in writing, and shall, require his attendance as a juror [* * * *]² at a time and place to be therein specified.

329.
When any person summoned to serve as a juror [* *]² is in the service of the Government or of a Railway Administration, the Court to serve in which he is so summoned may excuse his attendance if it appears on the representation of the head of the office in which he is employed that he cannot serve as a juror [* *]² without inconvenience to the public.

330.
(1) The Court of Session may for reasonable cause excuse any juror[* *]² from attendance at any particular session.
(2) The Court of Session may, if it shall think fit, at the conclusion of any trial by special jury, direct that the jurors who have served on such jury shoot be summoned to serve again as jurors for a period of twelve months.

331.
(1) At each session the [Clerk of the Court]¹ shall cause to be made a list of the names of those who have attended as jurors [* *]² at such session.
(2) Such list shall be kept with the list of the jurors [* * *]¹ as revised under section 324.

(3) A reference shall be made in the margin of the said revised list to ~ach of the names which are mentioned in the list prepared under this section.

332.
(1) Any person summoned to attend as a juror [* * *]¹ who without lawful excuse fails to attend as required by summons, or who, having attended, departs without having obtained the permission of the Court, or fails to attended after an adjournment of the Court after being ordered to attend, shall be liable by-order of the Court of Session to a fine not exceeding one blundered rupees.
(2) Such fine shall be levied by the District Magistrate by attachment and sale of any moveable property belonging to such juror [ * * ]¹ within the local limits of the jurisdiction of the Court making the order.

(3) For good cause shown, the Court may remit or reduce any fine so imposed.

(4) if default of recovery of the fine by attachment and sale, such juror [* *]¹ may, by order of the Court of Session, be imprisoned in the civil jail for the term of fifteen days, unless such fine is paid before the end of the said term.

L. - Special Provisions for the High Court.
333.
At any stage of any trial before the High Court under this Code, befog the return of the verdict, the Attorney-General may, if he thinks fit, inform Court on behalf of [the Government]¹ that he will not further prosecute the defendant upon the charge; and thereupon all proceedings on such charge against the defendant shall be stayed, and he shall be discharged of and from the same. But such discharge shall not amount to an acquittal unless the presiding Judge other wise directs.

334.
For the exercise of its original criminal jurisdiction, the High Coin, shall hold sittings on such days and at such convenient intervals as the Chief Justice of such Court from time to time appoints.

335.
(1) The High Court shall hold its sittings at the place at which it now, holds them, or at such other place (if any) as the President of the Union may direct.

(2) But it may, from time to time, with the consent of the President of the Union, hold sittings at such other places within the local limits of its appellate jurisdiction as the High Court appoints.

(3). [The Clerk of the Court]2 shall give notice beforehand in the Gazette of all sittings intended to be held for the exercise of the original criminal jurisdiction of the High Court.

336.
* * * *

CHAPTER XXIV
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS.
337.
(1) In the case of any offence triable exclusively by the High Court or Court of Session, or any offence punishable with imprisonment which may extend to ten years, or any offence punishable under section 211 of the Penal Code with imprisonment which may extend to seven years, or any offence under any of the following sections of the Penal Code, namely, sections 21 6A, 369, 401, 435 and 477A, the District Magistrate, a Sub-divisional Magistrate or any Magistrate of the first class may, at any stage of the investigation or inquiry into, or the trial of the offence, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to the offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof;

Provided that, where the offence is under inquiry or trial, no Magistrate of the first class other than the District Magistrate shall exercise the power hereby conferred unless he is the Magistrate making the inquiry or holding the trial, where the offence is under investigation, no such Magistrate shall exercise power unless he is a Magistrate having jurisdiction in a place where the might be inquired into or tried and the sanction of the District Magistrate has been obtained to the exercise thereof

(1 A) Every Magistrate who tenders a pardon under sub-section (1) shall record his reasons for so doing [* * * ]¹.

(2) Every person accepting a tender under this section shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in the subsequent trial, if any.

(2 A) In every case where a person has accepted a tender of pardon and has been examined under sub-section (2), the Magistrate before whom the proceedings are pending shall, if he is satisfied that there are reasonable grounds for believing that the accused is guilty of an offence, commit him for trial to the Court of Session or High Court, as the case may be.

(3)Such person, unless he is already on bail, shall be detained in custody until the termination of the trial.

338.
At any time after commitment, but before judgment is passed, the Court to which the commitment is made may, with the view of obtaining on the trial the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence tender, or order the committing Magistrate or the District Magistrate to tender, a pardon on the same condition to such person.

339.
(1) Where a pardon has been tendered under section 337 or section 338, and the Public Prosecutor certifies that in his opinion any person who has accepted such tender has, either by willfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered, or for any other offence of which he appears to have been guilty in connection with the same matter:

Provided that such person shall not be tried jointly with any of the other accused, and that he shall be entitled to plead at such trial that he has complied with the conditions upon which such tender was made; in which case it shall be the prosecution to prove that such conditions have not been complied with.

(2) The [deposition]1 made by a person who has accepted a pardon may be given in evidence against him at such trial.

(3) No prosecution for the offence of giving false evidence in respect of such [deposition]1 shall be entertained without the sanction of the High Court.

339A.
( 1) The Court trying under section 339 a person who has accepted a tender of pardon shall,-

(a) if the Court is the High Court or Court of Session, before the charge is read out and explained to the accused under section 271, subsection (1), and

(b) if the Court is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken, ask the accused whether he pleads that he has complied with the conditions on which the tender of the pardon was made.

(2) If the accused does so plead, the Court shall record the plea and proceed with the trial, and the jury, or the Court [* * * * ]2 or the Magistrate, as the case may be, shall, before judgment is passed in the case, find whether or not the accused has complied with the conditions of the pardon, and, if it is found that he has so complied, the Court shall, not withstanding anything contained in this Code, pass judgment of acquittal.

340.
(1) Any person accused of an offence before a criminal Court, or against whom proceedings are instituted under this Code in any such Court, may of right be defended by a pleader.

1(2) Any such person as aforesaid may offer himself as a witness on his own behalf at the inquiry into or trial of such offence or in such proceedings.

341.
If the accused, though not insane, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than the High Court, if such inquiry results in a~commitmen4, or if such trial results in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.

342.
(1) Every person accused of an offence shall be a competent Witness on his own behalf in an any inquiry into or trial of the said offence, whether person so accused is accused solely or jointly with any other person or person and his evidence may be used against any person or persons tried jointly him Provided as follows: ---
(a) the accused shall not be examined as a witness except at his desire;

(b) before giving evidence the accused shall be warned by the Court that he is not bound to give evidence, and that if he does so his evidence may be used against any person or persons tried jointly with him;

(c) the failure of the accused to give evidence shall not be made the subject of any comment by the prosecution, but the Court and the jury (if any) may draw such inference there from as it thinks just;

(d) the accused shall not be asked in cross-examination, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of or been charged with any offence other than that wherewith he is then charged, or is of bad character, unless

(i) the proof that he has committed or been convicted of such other offence is admissible evidence to show that he is guilty of the offence wherewith he is them charged ; or

(ii) he has personally or by his pleader asked question of the witnesses for the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the witnesses for the prosecution : or

(iii) he has in his evidence made statements against any other person tried jointly with him;

(e) no prosecution for the offence of giving false evidence shall instituted against the accused, except with the sanction of High Court.
(2) (i) Notwithstanding anything contained in sub- section (1). for purpose of enabling the accused to explain any circumstances appearing evidence against him the Coury may, at stage of any inquiry or trial previously warning the accused, put such questions to him as the Court Considers necessary, and shall, when the accused declines to give evidence on his own behalf, for the purpose aforesaid, question him generally on the case the witnesses for the prosecution have been examined and before he is on for his defence.

(ii) The answers given by the accused to the questions put to him under the provisions of clause (i) may be taken into consideration in such inquiry or trail.

(iii) The accused shall not render himself liable to punishment by refusing to answer any questions put to him under clause (i) or by giving false answers to them; but the Court and the jury (if any) may draw such inference from such refusal or answers as it thinks just.

(iv) No oath shall be administered to the accused in connection with any examination under this sub- section.
(3) The depositi6n (if any) of the accused recorded under sub- section (2), clause (i), may be put in evidence for or against him in any other inquiry into or trial for any other offence which such deposition or such answers may tend to show he has committed.

343.
Except as provided in sections 337 and 338 no influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or withhold. any matter within his knowledge

344.
(1) If. from the absence of a witness or any other reasonable cause, it becomes necessary or advisable to postpone the commencement of, or adjourn any inquiry or trial, the Court may, if it thinks fit, by order in writing stating the reasons therefor, from time to time, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody:
Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time.

(2) Every order made under this section by a Court other than the High Court shall be in writing signed by the presiding Judge or Magistrate.

Explanation. ---- If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand.

345.
(1) The offences punishable under the section of the Penal Code specified in the first two columns of the table next following may be compounded by the persons mentioned in the third column of that table:

Offence
Sections of Penal Code applicable
Personos by whom offence may be compounded
Uttering words. etc.. with deliberate intent to wound the religious feelings of any person.
298
The person whose religious feelings are intended to be wounded
‘Causing hurt on grave and sudden provocation.
334
The person to whom the hurt is caused.
Wrongfully restraining or confining any person.
341, 342
The person restrained or confined.
Assault or use of criminal force
352,355,358
The person assaulted or to whom criminal force is used.
Unlawful compulsory labour
374
The person compelled to labour

Mischief when the only loss or damage caused is loss or damage to a private person.
426,427
The person to whom the loss or damage is caused
Criminal trespass
House trespass
447
448
The person in possession of the property trespassed upon
Criminal breach of contract of service
491
The person, with who the offender has contracted.
Adultery
Enticing or taking away of detainingwith criminal intent a married woman.
497
498
The husband of the women.
Defamation.
Printing or engraving matter, knowing it to be defamatory.
Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter.
500
501

502
The person defamed.
insult intended to provoke a breach of the peace.
504
The person insulted.
Criminal intimidation except when the offence is punishable with imprisonment for seven years.
506
The person intimidated.
Act caused by making a person believe that be will be an object of Divine displeasure.
508
The person against whom the offence was committed.
(2) The Offences punishable under the section of the Penal Code specified in thefirst two columns of the table next following may, with the permission of the Court before Which a prosecution for such offence is pending, be compounded by the persons mentioned in the third column of the table:

Offence
Sections of Penal Code applicable
Personos by whom offence may be compounded
1Causing hurt* * * *
323
The person to whom hurt is caused.* * * *
Voluntarily causing grievous hurt on grave and sudden provocation.
335
The person to whom hurt is caused
* * * * * * * * *
Wrongfully confining a person for three days for more
343
The person confined.
Wrongfully confining a person in secret
346
Ditto
Assault or criminal force in attempting wrongfully confine a person.
357

The person assaulted or to whomThe force was used.
Dishonest misappropriation of property
403
The owner of the property misappropriated. propriated
Cheating
417
The person cheated.
Cheating a person whose interest the offender was bound by law or by legal contract, to protect.
418
Ditto
Cheating by personation
419
Ditto
Mischief by injury to work of irrigation by wrongfully diverting water, when the only loss or damage caused is loss or damage to a private person.
430
The person to whom the loss or damae is caused.
House-trespass to commit an offence (other than theft) punishable with imprisonment.
451
The person in possession of the house trespassed upon
Marrying again during the lifetime of a husband or wife.
491
The husband or wife of the person so inarrying.
Uttering words or sounds or making gestures or exhibiting any obiect intending to insult the modesty of a woman of intruding upon the privacy of a woman.
509
The woman whom it is intended to insult or whose privacy is intruded upon.
(3) When any offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence (when such attempt is itself an offence) may be compounded in like manner.

(4) When the person who would otherwise be competent to compound an offence under this section is under the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf may with the permission of the Court compound such offence.

(5) When the accused has been committed for trial or when he has been
convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or as the case may be, before which the appeal is to be heard.

(5A) The High Court acting in the exercise of its powers of revision under section 439 may allow any person to compound any offence which he is competent to compound under this section.

(6) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.

(7) No offence shall be compounded except as provided by this section.

346.
(1) If, in the course of an inquiry or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption that the case is one which should be tried or committed for trial by some other Magistrate in such district, he shall stay proceedings and submit the case, with a brief report explaining its nature, to any Magistrate to whom he is subordinate or to such other Magistrate, having jurisdiction, as the District Magistrate directs.
(2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial.

347.
(1) If in any inquiry before a Magistrate, or in any trial before a Magistrate, before signing judgment, it appears to him at any stage of the proceedings that the case is one which ought to be tried by the Court of Session or High Court, and if he is empowered to commit for trial, he shall commit the accused under the provisions hereinbefore contained.
(2) If such Magistrate is not empowered to commit for trial, he shall proceed under section 346.

348.
(1) Whoever, having been convicted of an offence punishable under Chapter XII or Chapter XVII of the Penal Code with imprisonment for a term of three years of upward, is again accused of any offence punishable under either of those chapters with imprisonment for a term of three years of upwards, shall, if the Magistrate before whom the case is pending is satisfied that there are sufficient grounds for committing the accused, be committed to the Court of Session or High Court, as the case may be, unless the Magistrate is competent to try the case and is of opinion that he can himself pass an adequate sentence if the accused is convicted:
Provided that, if any Magistrate in the district has been invested with powers under section 30, the case may be transferred to him instead of being committed to the Court of Session.

(2) When any person is committed to the Court of Session or High Court under sub-section (1), any other person accused jointly with him in the saint inquiry or trial shall be similarly committed, unless the Magistrate discharges such other person under section 209.

349.
(1) Whenever a Magistrate of the second or third class, having jurisdiction, is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a Punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, or that he ought to be required to execute a bond under section 106, he may record the opinion and submit his proceedings, and for, ward the accused to the District Magistrate or Sub-divisional Magistrate to whom he is subordinate.
(1A) When more accused than one are being tried together and the Magistrate considers it necessary to proceed under sub-section (1) in regard to any of such accused, he shall forward all the accused who are in his opinion guilty to the District Magistrate or Sub-divisional Magistrate.

(2) The Magistrate to whom the proceedings are submitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case and may call for and take any further evidence, and shall pass such judgment, sentence or order in the case as Le thinks fit, and as is according to law:

Provided that he shall not inflict a punishment more severe than he is empowered to inflict under sections 32 and 33.

350.
(1) Whenever any Magistrate, after having heard and recorded the whole or any part of the evidence in a inquiry or a trail, ceases to exercise jurisdiction therein, and is succeeded by another Magistrate who has and who exercises such jurisdiction, the Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor, or partly recorded by himself; or he may re-summon the witnesses and recommence the inquiry or trial;
Provided as follows :

(a) in any trial the accused may, when the second Magistrate commences his proceedings, demand that the witnesses or any of them be re-summoned and re-heard:

(b) the High Court or, in cases tried by Magistrate subordinate to the District Magistrate, the District Magistrate may, whether there be an appeal or not, set aside any conviction passed on evidence not wholly recorded by the Magistrate before whom the conviction was held, if such Court or District Magistrate is of opinion that the accused has been materially prejudiced thereby, and may order a new inquiry or trial.

(2) Nothing in this section applies to cases in which proceedings have been stayed under section 346 or in which proceedings have been submitted to a superior Magistrate under section 349.

(3) When a case is transferred under provision of this Code from one Magistrate to another, the former shall be deemed to cease to exercise jurisdiction therein and to be succeeded by the latter within the meaning of subsection (1).

350A.
No order or judgment of a Bench of Magistrates shall be invalid by reason only of a change having occurred at any stage of the inquiry or trial in the number or Magistrates sitting on the Bench, if the Bench by which such order or judgment is passed is duly constituted under section 15 and the rules made under section 16 and the Magistrates constituting the same have been present on the Bench throughout the proceedings.

351.
(1) Any person attending a criminal Court, although not under arrest or upon a summons. may be detained by such Court for the purpose of inquiry into or trial of any offence of which such Court can take cognizance and which, from the evidence. may appear to have been committed, and may be proceeded against as though he had been arrested or summoned.
(2) When the detention takes place in the course of an inquiry under Chapters XVII or after a trial has been begun, the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard.

352.
The place in which any criminal Court is held for the purpose of inquiring into or trying any offence shall be deemed an open Court, to which the public generally may have access, so far as the same can conveniently contain them:

Provide that he presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry into, or trial of, any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court.

CHAPTER XXV
OF THE MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS
353.
Except as otherwise expressly provided, all evidence taken under Chapters XVIII, XX, XXI, XXII and XXIII shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his pleader,

354.
* * * *

355.
(1) In summons-cases tried before a Magistrate, and in cases of the ~ offence mentioned in sub-section (1) of section 260, clauses (b) to (m), both inclusive, when tried by a Magistrate of the first or second class, and in all proceedings under section 514 (if not in the course of a trial), the Magistrate shall make a memorandum of the substance of the evidence of each witness as the examination of the witness proceeds.
²(2) Such memorandum shall be written by the Magistrate or from his dictation in open Court, [ * * *]³ in the language of the Court [* * *]² and shall be signed by him, and shall form part of the record.

¹(3) * * * *

356.
In all other trials before courts of Session and Magistrates, and in all inquiries under Chapters XII and XVIII, the evidence of each witness shall be taken down in writing in open Court, in the language of the Court [* * * ]( Note ) , by the Judge or Magistrate or from his dictation and under his personal direction and superintendence, and shall be signed by the Judge of Magistrate.

357.
* * * *

358.
In cases of the kind mentioned in section 355, the Magistrate may, if he thinks fit, take down the evidence of any witness in the manner provide in section 356.[ * * * ]¹

359.
(1) Evidence taken under section 356 [ * * * ]¹ shall not ordinarily be taken down in the form of question and answer, but in the form of a narrative.

(2) The Magistrate of Sessions Judge may, in his discretion, taken down cause to be taken down, any particular question and answer.

360.
(1) As the evidence of each witness taken under section 356 [* * * ]¹ is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall, be corrected.
(2) If the witness denies the correctness of any part of the evidence when the same is read over to him, the Magistrate or Sessions Judge may, instead of correcting the evidence make a memorandum there no of the objection made to it by the witness, and shall add such remarks as he thinks necessary.

(3) If the evidence is taken down in a language different from that in which it has been given and the witness does not understand the language in which it is taken down, the evidence so take down shall be interpreted to him in the language in which it was given, or in a language which he understands.

361.
(1) Whenever an evidence is given in a language not understood by the accused, and he is present in person, it shall be interpreted to him in open Court in a language understood by him.

(2) If he appears by pleader and the evidence is given in a language other than the language of the Court, and not understood by the pleader, it shall be interpreted to such pleader in that language.

(3) When documents are put in for the purpose of formal proof, it shall be in the discretion of the Court to interpret as much thereof as appears necessary.

362.
* * * *

363.
When a Sessions Judge or Magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanor of such witness whilst under examination.

364.
(1) Whenever the accused is examined by any Magistrate [under sub section (2) of section 342]¹, or by any Court other than the High Court of such examination, including every question put to him and every answer by him, shall be recorded in full, in the language in which he is examined, or, if that is not practicable, in the language of the Court, [* * *]²; and such shall be shown or read to him, or, if he does not understand the language which it is written, shall be interpreted to him in a language which he understands, and he shall be at liberty to explain or add to his answers.
(2) When the whole is made conformable to what he declares is the truth, the record shall be signed by the accused and the Magistrate or Judge or such Court, and such Magistrate or Judge shall certify under his own hand that the examination was taken in his presence and hearing and that the record contains a full and true account of the statement made by the accused.

(3) In cases in which the examination of the accused is not recorded by the Magistrate or Judge himself, he shall be bound, as the examination proceeds, to make a memorandum thereof in the language of the Court, [ * * *]² ; and such memorandum shall be written and signed by the Magistrate or Judge with his own hand, and shall be annexed to the record. If the Magistrate of Judge is unable to makes a memorandum as above required, he shall record the reason of such inability.

(4) Nothing in this section shall be deemed to apply to the examination of an accused person under section 263.

365.
The High Court shall from time to time, by general rule3. prescribe the manner in which evidence shall be taken down in cases coming before the Court, and the evidence shall be taken down in accordance with such rule.

CHAPTER XXVI
OF THE JUDGMENT
366.
(1) The judgment in every trial in any criminal Court of original jurisdiction shall be pronounced, or the substance of such judgment shall-explained:-----

(a) in open Court either immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders, and

(b) in the language of the Court, [* * * ]( Note ) or in some other language which the accused or his pleader understand:

Provided that the whole judgment shall be read out by the presiding Judge if he is requested so to do either by the prosecution or the defence.

(2) The accused shall, if in custody, be brought up. or, if not in custody, be required by the Court to attend to hear Judgment delivered, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted, in either or which cases it may he delivered in the presence of his pleader.

(3) Not judgment delivered by any criminal Court shall be deemed to be invalid by reason only of the absence of any party or his pleader on the day or from the place notified for the delivery thereof or of any commission to serve, or defect in serving on the parties r their pleaders or any them, the notice as such day and place.

(4) Nothing, in this section shall be construed to limit in any way the extent of the provisions of section 537.

367.
(1) Every such judgment shall except as otherwise expressly provided by this Code, be written by the presiding officer of the Court or from the dictation of such presiding officer in the language of the Court, [* * *]( Note ) and shall contain the point or points for determination, the decision thereon and the reasons for the decision; and shall be dated and signed by the presiding officer in open Court at the time of pronouncing it, and where it is not written by the presiding officer with his own hand every page of such judgment shall be signed by him.
(2) If shall specify the offence (if any) of which, and the section of Penal Code or other law under which the accused is convicted, and the punishment to which he is sentenced.

(3) When the conviction is under the penal Code and it is doubtful under which of two section, or under which or two parts of the same section, of Code the offence falls, the Court shall distinctly express the same and judgment in the alternative.

(4) If it be a judgment of acquittal, it shall state the offence of which accused is acquitted and direct that he be set at liberty.

²(5) In trial by jury, the Court need not write a judgment, but the Court at Session shall record the heads of the charge to the jury.

(6) For the purpose of this section, an order under section 118 or section 123, sub-section (3), shall be deemed to be a judgment.

368.
(1) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.
(2) No sentence of transportation shall specify the place to which the person sentenced is to be transported.

369.
Save as otherwise provided by this Code or by any other law for the time being in force, [* * * *]( Note ) , no Court, when it has signed its judgment, shall alter or review the same, except to correct a clerical error.

370.
* * * *

371.
²(1) On the application of the accused a copy of the judgment shall be given to him without delay. Such copy shall , in any case other than a summons case, be given free of cost.
(2) In trials by jury in a Court of Session, a copy of the heads of the charge to the jury shall, on the application of the accused, be given to him without delay and free of cost.

(3) When the accused is sentenced to death by a Session Judge, such Judge shall further inform him of the period within which, if he wishes to appeal, his appeal should be preferred.

372.
The original judgment shall be filed with the record of proceed [* * *]( Note ) .

373.
In cases tried by the Court of Session, the Court shall forward a Copy of its finding and sentence (if any) to the District Magistrate within the local limits of whose jurisdiction the trial was held.

CHAPTER XXVII
OF THE SUBMISSION OF SENTENCES FOR CONFIRMATION
374.
When the Court of Session passes sentence of death, the proceedings shall be submitted to the High Court and the sentence shall not executed unless it is confirmed by the High Court.

375.
(1) If, when such proceedings are submitted, the High Court thinks that a further inquiry should be made into, or additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry of take such evidence itself, or direct it to be made of taken by the Court of Session.
(2) Such inquiry shall not be made. nor shall such evidence be taken, in the presence of jurors of assessors, and unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when the same is made of taken.

(3) When the inquiry and the evidence (if any) are not made and taken by the High Court, the result of such inquiry and the evidence shall by certified to such Court.

376.
In any case submitted under section 374.[ * * *]¹ the High Court

(a) may confirm the sentence, or pass any other sentence warranted law, or

(b) may annul the conviction, and convict the accused of any offence of which the Session Court might have convicted him, or order a new trail on the same or an amended charge, or

(c) may acquit the accused person.

Provide that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or if an appeal is presented within such period, until such appeal is deposed of.

377.
In every case so submitted, the confirmation of the sentence or any new sentence or order passed by the Height Court shall be made, passed and signed by at least two the Judges of the Court.

378.
When any such case in heard before a Bench of Judges and such Judges are equally divided on opinion, the case, with their opinion thereon shall be laid before another Judge, and such Judge, after such hearing as he thinks fit, shall deliver his opinion, and the judgment or order shall follow such opinion.

379.
In case submitted by the Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High Court shall without delay, after the order of confirmation or other order has been made by the High Court, send a copy of the order under the seal of the High Court and attested with his official signature to the Court of Session.

380.
* * * *

CHAPTER XXVIII
OF EXECUTION
381.
When a sentence of death passed by a Court of Session is submit to the High Court for confirmation, such Court of Session shall, on receiving the order of confirmation, or other order of the High Court thereon, cause such order to be carried into effect by issuing a warrant or taking such other steps as may be necessary.

382.
If a woman sentenced to death is found to be pregnant, the High Court shall order the execution of the sentence to be postponed, and may, if it thinks fit, commute the sentence to transportation for life.

383.
Where the accused is sentenced to transportation or imprisonment in cases other than those provided for by section 381, the Court passing the sentence shall forthwith forward a warrant to the jail in which he is, or is to be, confined, and, unless the accused is already confined in such jail, shall forward him to such jail, with the warrant.

384.
Every warrant for the execution of a sentence of imprisonment shall be directed to the officer in change of the jail, or other place in which the prisoner is, or is to be, confined.

385.
When the prisoner is to be confined in a jail, the warrant shall be lodged with the jailor.

386.
(1) Whenever an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may-
(a) issue a warrant for the levy of the amount by attachment and sale of any moveable property belonging to the offender,
(b) issue a warrant to the Collector of the Distinct authorizing him to realize the amount by execution according to civil process against the moveable or immoveable property, or both, of the defaulter:
Provided that. if the sentence directs that in default of payment of the fine the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless for special reason to be recorded in writing it considers that the offender is able to pay the whole or some part of the fine.

(2) The President of the Union may make rules regulating the manner in which warrant under sub-section (1), clause (a), are to be executed, and for the summary determination of any claims made by any person other than the offender in respect of any property attached in execution of such warrant.

(3) Where the Courts issue a warrant to the Collector under sub-section (1), clause (b), such warrant shall be deemed to be a decree, and the Collector to be the decree-holder, within the meaning of the Code of Civil Procedure, and the nearest civil Court by which any decree for a like amount could be executed shall, for the purposes of the said Code, be deemed to be the Court which passed the decree, and all the provision of that Code as to execution of decrees shall apply accordingly:

Provided that no such warrant shall be executed by the arrest or detention in prison of the offender.

²(4) Nothing in this section shall affect the provisions of section 388.

387.
A warrant issued under section 386, sub-section (1), clause (a), by any Court may be executed within the local limits of the jurisdiction of such Court, and it shall authorize the attachment and sale of any such property without such limits, when endorsed by the District Magistrate within the local limits of whose jurisdiction such property is found.

388.
(1) When an offender has been sentenced to fine only [or to fine in addition to a sentence of imprisonment till the rising of the Court]¹ and to imprisonment in default of payment of the fine, and the fine is not paid forthwith Court may
(a) order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three installments, of which the first shall be payable on or before a date not more than thirty days from the date of the order and the other at an interval or at intervals, as the case may be, of not more than thirty days, and
(b) suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond, with or without sureties, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the installments thereof, as the case may be, is to be made; and if the amount of the fine or of any installment, as the case may be, is not realized on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once.
(2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the payment of money has been made on non recovery of which imprisonment may be awarded and the money is not paid forthwith ; and, if the person against whom the order has been made, on being required to enter into a bond such as is referred to in that subsection, fails to do so, the Court may at once pass sentence of imprisonment.

389.
Every warrant for the execution of any sentence may be issued either by the Judge or Magistrate who passed the sentence, or by his successor in office.

390.
When the accused is sentenced to whipping only, the sentence shall, subject to the provisions of section 391. be executed at such place and time as the Court may direct.

391.
(1) When the accused-------
(a) is sentenced to whipping only and furnishes bail to the satisfaction of the Court for his appearance at such time and place as the Court may direct or
(b) is sentenced to whipping in addition to imprisonment, the whipping shall not be inflicted until fifteen days from the date of the sentence, or, if an appeal is made within that time, until the sentence is confirmed by the appellate Court, but the whipping shall be inflicted as soon as practicable after the expiry of the fifteen days or in case of an appeal, as Soon as practicable after the receipt of the order of the appellate Court confirming the sentence.
(2) The whipping shall be inflicted in the presence of the officer in charge of the jail, unless the Judge or Magistrate orders it to be inflicted in his own presence.

¹(3) * * * *

392.
(1) In the case of a person of or over sixteen years of age whipping shall be inflicted with a light rattan not less than half an inch in diameter, in such I mode, and on such part of the person, as the President of the Union directs ; and, in the case of a person under sixteen years of age it shall be inflicted in such mode, and on such part of the person, and with such instruments, as the President of the Union directs.
(2) In no case shall such punishment exceed thirty stripes and, in the case of a person under sixteen years of age. it shall not exceed fifteen stripes.

393.
No sentence of whipping shall be executed by installment and none of the following persons shall be punishable with whipping, namely:
(a) females

(b) males sentenced to death or to transportation [* * * * ]² or to imprisonment for more than five years:

Provided that a male sentenced to imprisonment for a period exceeding five but not exceeding seven years shall be punishable with whipping under the Whipping Act:

(c) males whom the Court considers to more than forty-five years of age.

394.
(1) The punishment of whipping shall not be inflicted unless a medical officer, if present. certifies, or. if there is not a medical office present, unless it appears to the Magistrate or officer present, that the offender is in a fit State of health to undergo such punishment.
(2) If. during the execution of a sentence of whipping, a medical officer certifies, or it appears to the Magistrate or officer present, that the offender is not in a fit state of health to undergo the remainder of the sentence, the whipping shall be finally stopped.

395.
(1) In any case in which, under section 394. a sentence of whipping is wholly or partially prevented from being executed, the offender shall be kept in custody till the Court which passed the sentence can revise it and the said Court may, at its discretion, either remit such sentence, or sentence the offender in lieu of whipping, or in lieu of so much of the sentence of whipping as was not executed to imprisonment for any term not exceeding twelve months or to a fine not exceeding five hundred rupees, which may be in addition to any other punishment to which he may have been sentenced for the same offence.

396.
When sentence is passed under this Code on an escaped convict, such sentence, it of death, fine or whipping, shall, subject to the provisions herein before contained, take effect immediately, and if of imprisonment [** * ]( Note ) or transportation shall take effect after he has suffered imprisonment [* * *]( Note ) or transportation as the case may be for a further period equal to that which at the time of his escape remained unexpired of his former sentence.

397.
When a person already undergoing a sentence of imprisonment [* *]( Note ) or transportation is again sentenced to imprisonment [**]( Note ) or transportation such subsequent imprisonment [* *]( Note ) or transportation shall commence at the expiration of the imprisonment [** ]²or transportation to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence.

Explanation,---- An order committing a person to prison under section 123 is not a sentence of imprisonment.

398.
(1) Nothing in section 396 or section 397 shall be held to excuse any person from any part of punishment to which he is liable upon his former or subsequent conviction.
(2) When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence of imprisonment, or to a sentence of transportation [* * *] ( Note ) and the person undergoing the sentence is after its execution to undergo a further substantive sentence, or further substantive sentences, of imprisonment [or transportation]2 effect shall not be given to the award of imprisonment in default of payment of the fine until the person has undergone the further sentence or sentences.

399.
* * * *

400.
When a sentence has been fully executed, the officer executing it shall ,f return the warrant to the Court from which it issued, with an endorsement under his hand certifying the manner in which the sentence has been executed.

CHAPTER XXIX
OF SUPENSIONS REMISSIONS AND COMMUTATIONS OF SENTENCES
401.
(1) When any person has been sentenced to punishment for an offence, the President of the Union may at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced
(2) Whenever an application is made to the President of the Union for the suspension or remission of a sentence, the President of the Union may require the presiding Judge of the Court before or by which the conviction was had or confirmed to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion, and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists.

(3) If any condition on which a sentence has been suspended or remitted in the opinion of the President of Union, not fulfilled, the President of the Union may cancel the suspension or remission, and there upon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by police-officer without warrant remanded to undergo the unexpired portion of sentence.

(4) The condition on which a sentence is suspended or remitted under section may be one to be fulfilled by the person in whose favour the sentence suspended or remitted, or one independent of his will.

(4A) The provisions of the above sub-sections shall also apply to any passed by a criminal Court under any section of this Code or of any oilier law, which restricts the liberty of any person or imposes any liability upon him or property.

(5) Nothing herein contained shall be deemed to interfere with the right [*** ]( Note ) of the President of the Union [* * * ]( Note ) to grant pardons, reprieves respites or remissions of punishment.

(5A) Where a conditional pardon is granted [* * * *]( Note ) by the President of the Union any condition thereby imposed, of whatever nature, shall be deemed to have been imposed by a sentence of a competent Court under this Code and shall be enforceable accordingly.

(6) The President of the Union may, by general rules2 or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with.

402.
(1) The President of the Union may, without the consent of the person sentenced, commute any one of the following sentences for any other mentioned after it.------
death, transportation. [* * *]( Note ) rigorous imprisonment for a term not exceeding that to which he might have been sentenced, simple imprisonment for a like term fine.

(2) Nothing in this section shall affect the provisions of section 54 or section 55 of the Penal Code.

CHAPTER XXX
OF PREVIOUS ACQUITTALS OR CONVICTIONS
403.
(1) A Person who has once tried by a Court of competed jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offend, nor on the same facts for any other offence for which a different charged from the one made against him might have been made under section 236, or which he might have been convicted under section 237.
(2) A person acquitted or convicted of any offence may be afterwards tried for any distinct offence for which a separate charge might have been made against him on the former trial under section 235, sub-section (1).

(3) A person convicted of any offence constituted by any act causing consequences which, together which such act, constituted a different offence from that of which he was convicted may be afterwards tried for such last-mentioned offence, if the consequences had not happened, or were not known to the Court to have happened at the time when he was convicted.

(4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with, and tried for, any other offence constituted by the same acts which he may have committed if the Court by which he was first tried was not competent to try the offence with , which he is subsequently charged.

(5) Nothing in this section shall affect the provisions of the Burma General. Clauses Act or section 188 of this Code.

Explanation, --- The dismissal of a complaint, the stopping of proceedii1 under section 249, the discharge of the accused or any entry made upon charge under section 273, is not an acquittal for the purposes of this section.

Illustration.

(a) A is tried upon a charge of theft as a servant and acquitted. He cannot afterward, while the acquittal remains in force, be charged with theft as a servant, or upon the same facts with theft simply, or with criminal breach of trust

(b) A is tried upon a charge of murder and acquitted. There is no charge of robbery ; but appears it from the facts that A Committed robbery at the time when the murder was committed ; he may afterwards be charged with, and tried for, robbery.

(c) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable homicide.

(d) A is charged before the Court of Session and convicted of the culpable homicide of B. A may not afterwards be tried on the same facts for the murder of B.

(e) A is charged by a Magistrate of the first class with, and convicted by him of voluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts, unless the case comes within paragraph 3 of the section

(f) A is charged by Magistrate of the second class with, and convicted by him of, theft of property from the person of B.A may be subsequently charged with, and tried for, robbery on the same facts.

(g) A,B and C are charged by a Magistrate of the first withes, and convicted by him of, robbing D. A, B and C may afterwards be charged with, and tried for, dacoit on the same facts.

The Code of Criminal Procedure Chapters XXXI-XLVI

PART VII
Of Appeal, Reference and Revision

CHAPTER XXXI
OF APPEALS

404.
No appeal shall lie from any judgment of order on a criminal Court except as provided for by this Code or by any other law for the time being in force.

405.
Any person whose application under section 89 for the delivery of property or the proceeds of the sale thereof has been rejected by any Court , may appeal to the Court to which appeals ordinarily lie from the sentences of the former Court.

406.
Any person who has been ordered under section 118 to give security for keeping the peace or for good behaviour may appeal against such order to the Court of Session:

Provided that the President of the Union may by notification in the Gazette, direct that in any district specified in the notification appeals from such orders made by a Magistrate other than the District Magistrate shall lie to the District Magistrate and not to tile Court of Session:

Provided further, that nothing in this section shall apply to persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (3A) of section 123.

406A.
Any person aggrieved by an order made under section 488., directing him to pay maintenance on account of his wife or child, or rejecting an application for maintenance for a wife or child, or by an order made under allowance, may appeal against such order to the Court of Session.

407.
(1) Any person convicted on a trial held by any Magistrate of the second or third class, or any person sentenced under section 349 or in respect of whom an order has been made or a sentence has been passed under [sub-section (5) of section]¹ by a Sub-divisional Magistrate of the second class, may appeal to the District Magistrate.
(2) The District Magistrate may direct that any appeal under this section, of any class of such appeals, shall be heard by any Magistrate of the first class subordinate to him and empowered by the President of the Union to hear such appeals and thereupon such appeal or class of appeals may be presented to such subordinate Magistrate, or if already presented to the District Magistrate, may be transferred to such subordinate Magistrate. The District Magistrate may withdraw from such Magistrate any appeal or class or appeals so presented or transferred.

408.
Any person convicted on a trial held by an Assistant Sessions Judge a District Magistrate or other Magistrate of the first class, or any person sentenced under section 349 or in respect or whom an order has been made or a sentence has been passed under [sub-section (5) of section 562]¹ by a Magistrate of the first class, may appeal to the Court of Session:

409.
An appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge:
[* * *]²

Provided that an Additional Sessions Judge shall hear only such appeals as the President of the Union may by general or special order, direct or as the Sessions Judge of the division may make over to him.

410.
Any person convicted on a trial held by a Session Judge, or an Additional Sessions Judge, may appeal to the High Court.

411.
* * * *

412.
Notwithstanding anything hereinbefore contained, where an accused person has pleaded guilty and has been convicted by a Court of Session or any, Magistrate of the first class on such plea, there shall be no appeal except as to the extent of legality of the sentence.

413.
Notwithstanding anything hereinbefore contained, there shall be no appeal by a convicted person in cases in which a Court of Session passes a sentence of imprisonment not exceeding three months only, or of fine not exceeding two hundred rupees only, or of whipping only, or in which a District Magistrate or other Magistrate of the first class passes a sentence of imprisonment not exceeding one month only, or of fine not exceeding one hundred rupees only.

Explanation. ------- There is no appeal from a sentence of imprisonment passed by such Court of Magistrate in default of payment of fine.

414.
Notwithstanding anything hereinbefore contained, there shall be no appeal by a convicted person in any case tried summarily in which a Magistrate empowered to act under section 260 passes a sentence of imprisonment not exceeding one month only, or of fine not exceeding two hundred rupees only.

415.
An appeal may be brought against any sentence referred to in section 413 or section 414 by which any two or more of the punishments therein mentioned are combined, but no sentence which would no otherwise be liable to appeal shall be appeal able merely on the ground that the person convicted is ordered to find security to keep the peace

Explanation.----- A sentence of imprisonment in default of payment of fine is riot a sentence by which two or more punishments are combined within the meaning or this section.

415A.
A Notwithstanding anything contained in this Chapter. when more person than one are convicted in one trial, and an appeal able judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal.

416.
* * * *

417.
The President of the Union may direct the Public Prosecutor to present appeal to the High Court from an original or appellate order or acquittal passed by any Court other than the High Court.

418.
(1) An appeal may lie on a matter of fact as well as a matter of law, except where the trial was by jury, in which case the appeal shall lie on a matter of law only.

(2) Notwithstanding anything contained in sub-section (1) or in Section 423, sub-section (2), when, in the case of a trial by jury, any person is sentenced to death, any other convicted in the same trial with the person so sentenced may appeal on a matter of fact as well as matter of law.

Explanation,---- The alleged severity of a sentence shall, for the purposes of this section, be deemed to be a matter of law.

419.
Every appeal shall be made in the form of a petition .in writing presented by the appellant or his pleader, an every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of judgment or order appealed against, and, in cases tried’ by a jury, a copy of the heads of the charge recorded under section 367.

420.
If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper appellate Court.

421.
(1) On receiving the petition and copy under section 419 or section 420, the appellate Court shall peruse the same, and, if it considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily

Provide that no appeal presented under section 419 shall be dismissed, unless the appellant or his pleader ha3 had a reasonable opportunity of being heard in support of the same.

(2) Before dismissing an appeal under this section, the Court may call for the record of the case, but shall not be bound to do so.

422.
If the appellate Court does not dismiss the appeal summarily, it shall cause notice to be given to the appellant or his pleader, and to such officer as the President of the Union may appoint in this behalf, of the time and place at which such appeal will be heard, and shall, on the application of such officer, furnish him with a copy of the grounds of appeal;

and, in case of appeals under section 417, the appellate Court shall cause a like notice to be given to this accused.

423.
(1) The appellate Court shall then send for the record of the case, if such record is not already in Court. After perusing such record, and hearing the appellant or his pleader, if he appear, and the Public Prosecutor, if he appears, and in case of an appeal under section 417, the accused if he appears, the Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may ------
(a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be retried of committed for trial, as the case may be, or find him guilty and pass sentence on him according to law;

(b) in an appeal from a conviction, (1) reverse the finding and sentence, and acquit or discharge the accused, or order him to be retried by a Court of competent jurisdiction subordinate to such appellate Court or committed for trial, or (2) alter the finding, maintaining the sentence, or with or without altering the finding, reduce the sentence, or (3) with or without such reduction and with or without altering the finding, alter the nature of the sentence, but subject to the provisions of section 106, subsection (3), not so as to enhance the same;

(c) in an appeal from any other order alter or reverse such order;

(d) make any amendment or any consequential or incidental order that may be just or proper.

(2) Noting herein contained shall authorize the Court to alter reverse the verdict of a jury, unless it is of opinion that such verdict is erroneous owing to a misdirection by the Judge, or to a misunderstanding on the part of the jury of the law as laid down by him.

424.
The rules contained in Chapter XXVI, as to the judgment of a criminal Court of original jurisdiction, shall apply, so far as may be practicable, to the judgment of any appellate Court other thin the High Court.

Provided that, unless the appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered.

425.
(1) Whenever a case is decided on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed If the finding, sentence or order was recorded or passed by a Magistrate other, than the District Magistrate the certificate shall be sent through the District Magistrate.

(2) The Court to which the High Court certifies its judgment or order shall thereupon make such orders as are conformable to the judgment or order of the High Court, and, if necessary, the record shall be amended in accordance therewith.

426.
(1) lending any appeal by convicted person, the appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail or on his own bond.

(2) The power conferred by this section on an appellate Court may be exercised also by the High Court in the case of any appeal by a convicted person to a Court subordinate thereto.

(3) When the appellant is ultimately sentenced to imprisonment [* * *]( Note ) or transportation the time during which he is so released shall be excluded in computing the term for which he is so sentence.

427.
When an appeal is presented under section 417, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal, or admit him to bail.

428.
(1) In dealing with any appeal under this Chapter, the appellate Court, if it thinks additional evidence to be necessary shall record its reasons, and may either take such evidence itself, or direct it to be taken by a Magistrate, or, when the appellate Court is the High Court - by a Court of Session or a Magistrate.

(2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the appellate Court, and such Court shall thereupon proceed to dispose of the appeal

(3) Unless the appellate Court otherwise directs, the accused or his pleader shall be present when the additional evidence is taken but such evidence shall not be taken in the presence of jurors [* *]¹

(4) The taking of evidence under this section shall be subject to the provisions of Chapter XXV, as if it were an inquiry.

429.
When the Judges composing the Court of Appeal are equally divided in opinion, the case, with their opinions thereon, shall be had before another Judge of the same Court, and such Judge. after such hearing (if any) he thinks fit, shall deliver his opinion, and the judgment or order shall follow such opinion.

430.
Judgments and orders passed by an appellate Court upon appeal shall be final, except in the cases provided for in section 417 and Chapter XXXII.

431.
Every appeal, under section 417 shall finally abate on the death of the accused, and every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant.

CHAPTER XXXII
OF REFERENCE AND REVISION
432-433.
* * * *

434.
(1) When any person has, in a trial before a Judge or the High Court acting in the exercise of its original criminal jurisdiction, been convicted of an offence, the Judge, if he thinks fit, may reserve and refer for the decision of a Court consisting of two or more Judge of such Court any question of law which has arisen in the course of the trial of such person, and the determination of which would affect the event of the trial.

(2) If the Judge reserves any such question, the person convicted shall, pending the decision thereon, be remanded to jail, or, if the Judge thinks fit be admitted to bail, and the High Court shall have power to review the case or such part of it as may be necessary, and finally determine such question, and thereupon to alter the sentence passed by the Court of original jurisdiction, and to pass such judgment or order as the High Court thinks fit.

435.
(1) The High Court or any Sessions Judge or District Magistrate, or any sub-divisional Magistrate empowered by the President of the Union in this behalf, may call for and examine the record of any proceeding before any inferior criminal Court situate within the local limits of its or his jurisdiction for the purpose .of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of such inferior Court and may, when calling for such record, direct that the execution of any sentence be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.

Explanation, All Magistrate, [except the District Magistrate]1 , whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Session Judge for the purposes of this sub-section and of section 437.

(2) If any Sub-divisional Magistrate acting under sub-section (1) considers that any such finding, sentence or order is illegal or improper, or that any such proceedings are irregular, he shall forward the record, with such remarks thereon as he thinks fit, to the District Magistrate.

(3) * * * *

(4) If an application under this section has been made either to the Sessions Judge or District Magistrate, no further application shall be entertained by the other of them.

436.
On examining any record under section 435 or otherwise, the High Court or the Session Judge may direct the District Magistrate by himself or by any’ of the Magistrates subordinate to him to make, and the District Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 203 or sub-section (3) of section 204, or into the case of any person accused of an offence who has been discharged;

Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.

437.
When, on examining the record of any case under section 435 or otherwise, the Session Judge District Magistrate considers that such case is triable exclusively by the Court of Session and that an accused person has been improperly discharged by the inferior Court, the Sessions Judge or District Magistrate may cause him to be arrested, and may thereupon, instead of directing a fresh inquiry, order him to be committed for trial upon the matter of which he has been. in the opinion of the Session Judge or District Magistrate, improperly discharged:

Provided as follows:------

(a) that the accused has had an opportunity of showing cause to such Judge or Magistrate why the commitment should not be made
(b) that, if such Judge or Magistrate thinks that the evidence shows that some other offence has been committed by the accused, such Judged or Magistrate may direct the inferior Court to inquire into such offence.

438.
* * * *

439.
(1) In the case of any proceeding the record of which has been called for by itself [****]¹ or which otherwise comes to its knowledge, the High Court, the State or Divisional Court3 may, in its discretion, exercise any of the Power conferred on a Court of Appeal by sections 423. 426, 427 an 428 or on a Court by section 338, and may enhance the sentence; and when the Judge composing the Court of Revision are equally divided in opinion, the case shall be disposed of in manner provided section 429.

²(2) No order under this section shall be made to the prejudice of the accused unless he has had an opportunity of being heard, either personally or by pleader.

(3) Where the sentence dealt with under this section has been passed by a Magistrate acting otherwise than under section 34, the Court shall not inflict a greater punishment for the offence which, in the opinion of such Court, the accused has committed than night have been inflicted for such offence by a Magistrate of the first class.

(4) Nothing in this section applies to an entry made under section 273, or shall be deemed to authorize the High Court, the State or Divisional court3 to convert a finding of acquittal into’ one of conviction.

(5) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.

(6) Notwithstanding anything contained in this section, any convicted person to whom an opportunity has been given under sub-section (2) of showing cause why his sentence should not be enhanced shall, in showing cause, be entitled also to show cause against his conviction.

440.
No party has any right to be heard either personally or by pleader before any Court when exercising its powers of revision;

Provided that the Court may. if it thinks fit, when exercising such power, hear any party either personally or by pleader, and that nothing in this section shall be deemed to affect section 439, sub-section (2).

441.
* * * *

442.
When a case is revised under this Chapter by the High Court, the Stat or Divisional Courts, it shall in manner herein before provided by section 425, certify its decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and the Court or Magistrate to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified and, if necessary, the record shall be amended in accordance therewith.

PART VIII
Special Proceedings

CHAPTER XXXIII

443-449.
* * * *

450-463.
* * * *

CHAPTER XXXIV
LUNATICS
464.
(1) When a Magistrate holding an inquiry or a trial has reason to believe that the accused is of unsound mind and consequently incapable of making his defense, the Magistrate shall inquire into the fact of such unsoundness and shall cause such person to be examined by the Civil Surgeon of the district or such other medical officer as the President of the Union directs, and thereupon shall examine such suction or officer as witness, and shall reduce the examination to writing.

(1A) Pending such examination and inquiry, the Magistrate may deal .With the accused in accordance with the provisions or section 466.

(2) If such Magistrate is of opinion that the accused is of unsound mind and consequently incapable of making his defense he shall record a finding to that effect and shall postpone further proceedings in the case

465.
(1) If any person committed for trial before a Court of Session or the High Court appears to the Court at his trial to be of unsound mind and consequently incapable of making his defense, the jury, or the Court [* * ]¹ shall, in the first instance, try the fact of such unsoundness and incapacity and if the jury or Court, as the case may be, is satisfied of the fact the Judge shall record a finding to that effect and shall postpone further proceedings in the case and the jury, if any shall be discharged.

(2) The trial of the fact of the unsoundness of mind and incapacity of the accused shall be deemed to be part of his trial before the Court.

466.
(I) Whenever an accused person is found to be of unsound mind and incapable of making his defense, the Magistrate or Court as the case may be, whether the case is one in which bail may be taken or not, may release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Magistrate or Court or such officer as the Magistrate or Court appoints in this behalf.

(2) If the case is one in which, in the opinion of the Magistrate or Court, bail should not be taken, or if sufficient security is not given, the Magistrate or Court, as the case may be, shall order the accused to be detained in safe custody in such place and manner as he or it may think fit, and shall report the action taken to the President of the Union;

Provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise than in accordance with such rules as the President of the Union may have made under the Lunacy Act.

467.
(1) Whenever an inquiry or a trial is postponed under section 464 or section 465, the Magistrate or Court, as the case may be, may at any time resume the inquiry or trial, and require the accused to appear or be brought before such Magistrate or Court.

(2) When the accused has been released under section 466, and the sureties for his appearance produce him to the officer whom the Magistrate or Court, appoints in this behalf, the certificate of such officer that the accused is capable of making his defense shall be receivable in evidence.

468.
(1) If, when the accused appears or is again brought before the Magistrate or the Court as the case may be, the Magistrate or Court considers him capable of making his defense, the inquiry or trial shall proceed.

(2) If the Magistrate or Court considers the accused to be still incapable of making his defense, the Magistrate or Court shall again act according to the provisions of section 464 or section 465. as the case may be, and if the accused is found to be of unsound mind and incapable of making his defense, shall deal with such accused in accordance with the provisions of section 466.

469.
When the accused appears to be of sound mind at the time of inquiry’ or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to believe that the accused committed an act which, ii he had been of sound mind, would have been an offence, and that he was, at the time when the act was committed, by’ reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law. the Magistrate shall proceed with the case, and, if the accused ought to h~ committed to the Court of Session or High Court, send him for trial before the Court of Session or High Court as the case may be.

470.
Whenever any person is acquitted upon the ground that - at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.

471.
(1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence, order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit, and shall report the action taken to the President of the Union

Provided that no order for the detention of the accused in lunatic asylum shall be made otherwise than in accordance with such rules as the President of The Union may have mode under the Lunacy Act.

(2) The President of the Union may empower the officer in charge of the jail in which a person is confined under the provisions of section 466 or this section to discharge all or any of the functions of the Inspector-General of Prison under section .473 or section 474.

472.
* * * *

473.
If such person is detained tinder the provisions of section 466, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a lunatic asylum, the visitors of such asylum or any two of them, shall certify that, in his or their opinion such person is capable of making his defense, he shall be taken before the Magistrate or Court. as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 468 and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence

474.
(1) If such person is detained under the provisions or section 466 or section 471 and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person. the President of the Union may thereupon order him to be released or to be detained in custody, or to be transferred to a public lunatic asylum if he has not been already sent to such an asylum and, in case he orders him to transferred to an asylum. may appoint a Commission, consisting of a judicial and two medical officers.

(2) Such Commission shall make formal inquiry’ into the state of mind of scab person. taking such evidence as is necessary, and shah report to the President of the Union who may order his release or detention as ho thinks

475.
(1) Whenever any relative or friend of any person detained under the provisions of section 4a6 or section 471 desires that he shall be delivered to his care and custody, the President of the Union may¹, upon the application of such relative or friend and on his giving security to the satisfaction of the President of the Union that the person delivered shall ----
(a) be properly taken care of and prevented from demo, injury to himself or to any person, and

(b) be produced for the inspection of such officer, and at such times and places, as the President of the Union may direct, and
(c) in the case of a person detained under section 466, be produced order such person to be delivered to such relative or friend.
(2) If the person so delivered is accused of any offence the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defense, and the inspecting officer referred to in subsection (1), clause (b), certifies at any time to the Magistrate or Court that such person is capable of making his defense, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court and, upon such production, the Magistrate or Court shall proceed in accordance with the provisions of section 468. and the certification the inspecting officer shall be receivable as evidence.

CHAPTER XXXV
PROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE.
476.
(1) When any civil, revenue or criminal Court is whether on application made to it in this behalf or otherwise, of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in section 195. sub-section (1). clause (b) or clause (z) which appears to have been committed in or in relation to a proceeding in that Court such Court may after such preliminary’ inquiry, if any. as it thinks necessary, record a finding to that effect and make a complaint thereof in writing signed by the presiding officer of the Court, and shall forward the same to a Magistrate of the first class having jurisdiction, and may take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bail able may, if it thinks necessary so to do, send the accused in custody -to such Magistrate, and may bind over any person to appear and give evidence before such Magistrate;

Provided that, where the Court making the complaint is the High Court the complaint may be signed by such officer of the Court as the Court may appoint.

(2) Such Magistrate shall thereupon proceed according to law and as if upon complaint made under section 200.

(3) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage adjourn the hearing of the case until such appeal is decided,

476A.
The power conferred on civil, revenue and criminal Courts by section 476. sub-section (1), may be exercised, in respect of any offence referred to therein and alleged to have been committed in or in relation to any proceeding in any such Court, by the Court to which such former Court is subordinate within the meaning of section 195, sub-section (3). in may case in which such former Court has neither made a complaint under Section 476 in respect of such offence nor rejected an application for the making of such complaint and, where the superior Court makes such complaint, the precisions of section 476 shall apply accordingly.

476B.
Any person on whose application any civil, revenue or criminal Court has refused to make a complaint under section 476 or section 476A. or against whom such a complaint has been made, may appeal to the Court to which such former Court is subordinate within the meaning of section 195, sub-section (3), and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint at or as the-case may be itself make the complaint which the subordinate Count might have made under section 476, and if it makes such complaint the provisions of that section shall apply accordingly.

477.
* * * *

478.
(1) When any such offence is committed before any civil or revenue Court, or brought under the notice of any civil or revenue Court in the course of a judicial proceeding, and the case is triable exclusively by the High Court or Court of Session, or such civil or revenue Court thinks that it ought to be tried by the High Court or Court of Session, such civil or revenue Court may, instead of sending the case under section 476 to a Magistrate for inquiry, itself complete the inquiry, and commit or hold to bail the accused person to take his trail before the High Court or Court of Session, as the case may be

(2) For the purposes of an inquiry under this section the civil or revenue Court may exercise all the powers of a Magistrate; and its proceedings in such inquiry shall be conducted as nearly as may be in accordance with the provisions of Chapter XVIII (**** *)¹ and shall be deemed to have been held by a Magistrate.

479.
When any such commitment is made by a civil or revenue Court, the Court shall send the charge with the order of commitment and the record of the case to the District Magistrate or other Magistrate authorized to commit for trial, and such Magistrate shall bring the case before the High Court or Court of Session, as the case may be, together with the witnesses for the prosecution and defense.

480.
(1) When any such offence as is described in section 175, section 178, section 179, section 180 or section 288 of the Penal Code is committed in the view or presence of any civil, criminal or revenue Court, the Court may cause the offender to be detained in custody and at any time before the rising of the Court on the same day may if it thinks fit, take cognized of the offence and sentence the offender to fine not exceeding two hundred rupees and, in default of payment, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid.

¹(2) * * * *

481.
(1) In ever such case the Court shall record the facts constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence.

(2) If the offence is under section 228 of Penal Code the record shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult.

482.
(1) If the Court in any case considers that a person accused of any of the offences referred to in section480 and committed in its view of presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for man other reason of opinion that the case should not be disposed of under section 480, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such accused person before such Magistrate, or if sufficient security is not given, shall forward such person in custody to such Magistrate.

(2) The Magistrate to whom any case is forwarded under this section shall proceed to hear the complaint against the accused person in manner hereinbefore provided.

483.
When the President of the Union so directs, any Registrar or any Sub - Registrar appointed under the Registration Act shall be deemed to be a civil Court within the meaning of sections 480 and 482.

484.
When any Court has under section 480 or section 482 adjudged an offender to punishment or forwarded him to a Magistrate for trial for, refusing or omitting to do anything which he was lawfully required to do or for any intentional insult of interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court, or on apology being made to its satisfaction.

485.
If any witness or person called to produce a document or thing before a criminal Court refuses to answer such questions as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not offer any reasonable excuse for such refusal, such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment. or by warrant under the hand of the presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven day’s unless in the meantime such person consents to be examined and to answer or to produce the document or thing. In the event of his persisting in his refusal, he may be dealt with according to the provisions of section 480 or section 482, and, in the ease of the High Court, shall be deemed guilty of a contempt.

486.
(1) Any person sentenced by any Court under section 480 or section 485 may notwithstanding anything hereinbefore contained, appeal to the Court to which decrees or orders made in such Court are ordinarily appeal able.

(2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this section, and the appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.

(3) An appeal from such conviction by (the Rangoon City Civil Court) shall lie to the High Court, and.

an appeal from such conviction by any other Court of small Causes shall lie to the Court of Session for the sessions division within which such Court is situate.

(4) An appeal from such conviction by any officer as Registrar or Sub- Registrar appointed as aforesaid may. when such officer is also judge of a civil Court be made to the Court to which it would, under the preceding portion of this section, be made if such conviction were a decree by such officer in his capacity as such Judge, and in other cases may be made to the District Judge.

487.
(1) Except as provided in section 480 and 485. no Judge of a criminal Court or Magistrate, oilier than a Judge of the High Court, shall try any person for any offence referred to in section 1 95, when such offence is committed before himself or in contempt of his authority, or is brought under his notice as such Judge or Magistrate in the course of a judicial proceeding.

(2) Nothing in section 476 or section 482 shall prevent a Magistrate empowered to commit to the Court of Session or High Court from himself committing any case to such Court.

CHAPTER XXXVI
OF THE MAINTENANCE OF WIVES AND CHILDERN
488.
(1) If any person having sufficient means neglects or refuses to maintain his wife or his legitimate or illegitimate child unable to maintain itself, the district Magistrate, a Sub-divisional Magistrate or a Magistrate of the first class may, upon proof or such neglect or refusal, order such person to make a monthly allowance for the maintenance or his wife or such child, at such monthly rate, not exceeding one hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate from time to time directs.

(2) Such allowance shall be payable from the date of the order, or if so ordered from the date of the application for maintenance.

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in manner hereinbefore provided for levying fines, and may sentence such person, for the whole or any part of each month’s allowance remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

Provided that, if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and any may make an order under this section notwithstanding such offer if he is satisfied that there is just ground for so doing :

Provided further, that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due.

(4) No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent

(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

(6) All evidence under this Chapter Shall be taken in the presence of the husband or father, as the case may be or, when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed in the case of summons cases :

Provided that, if the Magistrate is satisfied that he is willfully avoiding service, or willfully neglects to attend the Court, the Magistrate may proceed to hear and determine the case ex part. Any orders so made may be set aside for good cause shown on application made within three months from the date thereof

(7) The Court in dealing with applications under this section shall nave power to make such order as to costs as may be just.

(8) Proceedings under this section may be taken against any person in any district where he resides or is. or where he last resided with his wife, or. as the case may be, the mother of the illegitimate child.

489.
(1) On proof of a change in the circumstances of any person receiving under section 488 a monthly allowance, or ordered under the same section to pay a monthly allowance to his wife or child, the Magistrate may make such alteration in the allowance as he thinks fit Provided that if he increases the allowance the monthly rate of one hundred rupees in the whole be not exceeded.

(2) Where it appears to the Magistrate that, in consequence of any decision of a competent civil Court, any order made under section 488 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly.

490.
A copy of the order of maintenance shall be give without payment to the person in whose favor it is made, or to his guardian, if any, or to the person to whom the allowance is to be paid and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the nom-payment of the allowance due.

CHAPTER XXXVII
DIRECTIONS OF THE NATURE OF A HABEAS CORPUS
491.
(1) The High Court may, whenever it thinks fit, direct----

(a) that a person within the limits of its appellate criminal
jurisdiction be brought up before the Court to be dealt with according to law;

(b) that a person illegally or improperly detained in public or
private custody within such limits be set at liberty;

(c) that a prisoner detained in any jail situate within such limits be brought before the Court to be there examined as a witness in any matter pending or to be inquired into in such Court;

(d) that a prisoner detained as aforesaid be brought before a Court-martial or any Commissioners acting under the authority of any commission from the President of the Union for trial or to be examined touching any matter pending before such Court-martial or Commissioners respectively;

(e) that a prisoner within such limits be removed from one custody to another for the purpose of trial.

(2) The High Court may, from time to time, frame rules¹ to regulate the procedure in cases under this section.

(3) Nothing in this section applies to person detained under the State Prisoners Regulation.

491A.
* * * * ( Note )

PART IX
Supplementary Provisions

CHAPTER XXXVIII
OF THE PUBLIC PROSECUTOR

492.
(1) The President of the Union (or such officer or authority as may be specified by him in this behalf) may appoint, generally, or in any ~ case, or for any specified class of cases, in any local area, one or more officers to be called Public Prosecutors.

(2) The Distinct Magistrate or subject to the control of the District Magistrate the Sub-divisional Magistrate may in the absence of the Public Prosecutor, or where no Public Prosecutor has been appointed, appoint any other person, not being an officer of police below such rank as the President of the Union may prescribe in this behalf to be Public Prosecutor for the purpose of any case

493.
The Public Prosecutor may appear and plead without any written authority before any Court in which any case of which he has charge is under inquiry, trial or appeal, and if any private person instructs a pleader to prosecute in any Court any person in any such case, the Public Prosecutor shall conduct the prosecution, and the pleader so instructed shall act therein under his directions.

494.
Any Public Prosecutor may with the consent of the Court in cases tried by jury before the return of the verdict, and in other cases before the judgment is pronounced, withdraw from the prosecution of any per either generally or in respect of any one or more of the offences for which he is tried and upon such withdrawal,

(a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences

(b) if it is made after a charge has been framed, or when under this Code no charge is required, he shall be acquitted in respect of such offence or offences.

495.
(1) Any Magistrate inquiring into or trying any case may permit the prosecution to be conducted by any person other than an officer of police below the rank to be prescribed by the President of the Union in this behalf, but no person, other than the Attorney-General, Public Prosecutor or other officer generally or specially empowered by the President of the Union in this behalf shall be entitled to do so without such permission.

(2) Any such officer shall have the like power of withdrawing from the prosecution as is provided by section 494 and the provisions of that section shall apply to any withdrawal by such officer.

(3) Any person conducting the prosecution may do so personally or by a pleader.

(4) An officer of police shall not be permitted to conduct the prosecution if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted.

CHAPTER XXXIX
OF BAIL
496.
When any person other than a person accused of a non-bail able offence is arrested or detained without warrant by an officer in charge of a police - station or by an investigating officer not below the rank of head constable. or appears or is brought before a Court, and is prepared at any time while in the custody or such officer or at any stage of the proceedings before such Court to give bail, such person shall be released on bail Provided that such officer or Court. if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided;

Provided further, that nothing in this section shall be deemed to affect the provisions of section 107, sub-section (4), or section 117, sub-section (3).

497.
(1) When any person accused of any non-bail able offence is arrested or detained without warrant by an officer in charge of a police-station, or appears or is brought before the Court, he may be released on bail, but he shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or with transportation for life:

Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such offence be released on bail.

(2) Wit appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bail able offence, but that there are sufficient ground, for further inquiry into his guilt, the accused shall, pending such inquiry, be released on bail, or, at the discretion of such officer or Court. on the execution by him of a bond without sureties for his appearance as hereinafter provided.

(3) An officer or a Court releasing any person on bail under subsection (I) or sub-section (2) shall record in writing his or its reasons for so doing.

(4) If at any time after the conclusion of the trial of a person accused of a non-bail able offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty’ of any such offence, it shall release the accused. if he is in custody, on the execution by him of a bond without sureties for his appearance to here judgment delivered.

(5) The High Court or Court of Session and, in the case or a person released by itself any other Court may cause any person who has been released under this section to be arrested and may commit him to custody.

498.
(1) The High Court or Court of Session may in any case, whether there be an appeal on conviction or not, direct that any person be admitted to bail, or that the required by a police officer or Magistrate be reduced.

(2) The amount of every bond executed under this Chapter shall’ having due regard to the circumstances of the case, not be excessive.

¹Provided that no person shall be admitted to bail under this section, unless the Attorney-General of the District Magistrate, as the case may be, has had an opportunity of being heard.

499.
(1) Before any person is released on bail Or released on his own bond, a bond for such sum of money as the police-officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sure tied conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police-officer or Court, as the case may be.

(2) If the case so require the bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge.

500.
(1) As soon as the bond has been executed, the person for whose appearance it has been executed shall be released and, when he is in jail, the Court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the order shall release him.

(2) Nothing in this section. section 496 or section 497 shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.

501.
If. through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterward become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on his failing so to do may commit him to jail.

502.
(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.

(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.

(3) On the appearance of such person pursuant to the warrant or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so may commit him to custody.

CHAPTER XL
OF COMMISSIONS FOR THE EXAMINATION OF WITNESSES.
503.
(1) Whenever, in the course of an inquiry, a trial or any other, proceeding under this Code, it appears to a District Magistrate, a Court of session or the High Court that the examination of a witness in necessary for the ends of justice, and that the attendance of such witness cannot be procure without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, such Magistrate or Court may dispense with such attendance and may issue a commission to any District Magistrate or Magistrate of the first class, within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness.

¹(2) * * * *

²(2A) * * * *

(3) The Magistrate [* *]( Note ) to whom the commission is issued, or if he is the District Magistrate, he or such Magistrate or the first class as he appoints in this behalf, shall proceed to the place where the witness is or shall summon the witness before him, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under this Code

³(4) If the witness is in a country or place outside the Union of Burma and arrangements have been made by the Government with the Government of such country or place for taking the evidence of witnesses in relation to criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent to such authority for transmission, as the Government may. by notification. prescribe in this behalf.

504.
* * * *
505.
(1) The parties to any proceeding under this Code in which a commission is issued may respectively forward any interrogatories in writing which the Magistrate or Court directing the commission may think relevant to the issue, and the Magistrate [* *]² to whom the commission is directed, or to whom the duty of executing such commission has been delegated, shall examine the witness upon such interrogatories.

(2) Any such party may appear before such Magistrate [* *]² by pleader, or if not custody in person, and may examine, cross-examine and reexamine (as the case may be) the said witness.

506.
Whenever, in the course of an inquiry or a trail or any other proceeding under this Code before any Magistrate other than a District Magistrate it appears that a commission ought to be issued for the examination of a witness whose evidence is necessary for the ends of justice, and that the attendance of such witness cannot be procured without and amount of delay, expanse or inconvenience which, under the circumstances of the case, would be unreasonable, such Magistrate shall apply to the District Magistrate, stating the reasons for the application and the District Magistrate may either issue a commission in the manner hereinbefore provided or reject the application.

507.
(1) After any commission issued under section 503 or section 506 has been duly executed, it shall be returned, together with the deposition or the witness examined there under, to the Court out or which it issued and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record.

(2) Any deposition so taken, if it satisfies the conditions prescribed by section 33 of the Evidence Act, may also be received in evidence at any subsequent stag of the case before another Court.

508.
In every case in which a commission is issued under section 503 or section 506, the inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.

508 A.
The provisions of sub-section (3) of section 503 and so much of sections 505 and 507 as relates to the execution of a commission and its return by the Magistrate to whom the commission is directed shall apply in respect of commissions issued by any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside the Union of Burma as the Government may, by notification, specify in this behalf, and having authority under the law in force in that country or place to issue commissions for the examination of witnesses in relation to criminal matters, as they apply to commissions issued under sub-section (1) of section 503 or section 506.

CHAPTER XLI
SPECIAL RULES OF EVIDENCE
509.
(1) The deposition of a Civil Surgeon or other medical witness, taken and attested by a Magistrate in the presence of the accused, ‘or taken on commission under Chapter XL, may be given in evidence in any inquiry trial or other proceeding under this Code, although the deponent is not called as a witness.
(2) The Court may. if it thinks fit, summon and examine such deponent as to the subject-matter of his deposition.

510.
Any document purporting to be a report under the hand of any Chemical Examiner or Assistant Chemical Examiner to Government. upon any matter or thing duly submitted to him for examination or analysis and report in the courts of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code.

511.
In any inquiry, trial or other proceeding under this Code, a previous conviction or acquittal maybe proved, in addition to any other mode provided by any law for the time being in force
(a) by an extract certified under the hand of the officer having the custody of the records of the Court in which such conviction of acquittal was had to be a copy of the sentence or order, or.

(b) in case of a conviction, either by a certificate signed by the officer in charge of the jail in which the punishment or any part thereof was inflicted, or by production of the warrant of commitment under which the punishment was suffered;

together with, in each of such cases, evidence as to the identity of the accused person with the person so convicted or acquitted.

512.
(1) Wit is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the Court competent to try or commit for trial such person for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution and record their depositions. Any such deposition may on the arrest of such person, be given in evidence against him on the inquiry into, or trial for the offence with which he is charged, if the deponent is dead or incapable of giving evidence or his attendance cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances or the case, would be unreasonable.

(2) If it appears that an offence punishable with death or transportation has been committed by some person or persons unknown the High Court may direct that any Magistrate of the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence. Any depositions so taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of the Union of Burma.

CHAPTER XLII
PROVISIONS AS TO BONDS
513.
When any person is required by any Court or officer to execute a bond, with or without sureties, such Court or officer may, except in the case of a bond for good behavior, permit him to deposit a sum of money or Government Promissory notes to such amount as the Court or officer may fix, in lieu of executing such bond.

514.
(1) Whenever it is proved to the satisfaction of the Court by’ which a bond under this Code has been taken, or of the Court of a Magistrate of the first class, or when the bond is for appearance before a Court to the satisfaction of such Court. that such bond has been forfeited, the Court, shall record the ground of such proof and may call upon any person bound by such bond to pay the penalty thereof, or to show cause why it should not be paid.

(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same by issuing a warrant for the attachment and sale of the moveable property belonging to such person or his estate if he be dead.

(3) Such warrant may be executed within the local limits of the jurisdiction of the Court which issued it; and it shall authorize the attachment and sale of any moveable property belonging to such person without such limits, when endorsed by the District Magistrate within the local limits of whose jurisdiction such property is found.

(4) If such penalty is not paid and cannot be recovered by such attachment and sale, the person so bound shall be liable, by order of the Court which issued the warrant, to imprisonment in the civil jail for a term which may extend to six months.

(5) The Court may, at its discretion, remit any portion of the penalty mentioned and enforce payment in part only.

(6) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond.

(7) When any person who has furnished security under section 106 or section 118 or section 562 is convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of his bond under section 514 B, a certified copy of the judgment of the Court by which he was convicted of such offence may be used as evidence in proceeding under this section against his surety or sureties, and, if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved.

514A.
When any surety to a bond under this Code becomes insolvent or dies, or when any bond is forfeited under the provisions of section 514, the Court by whose order such bond was taken, or a Magistrate of the first class. may order the person from whom such security was demanded to furnish fresh security in accordance with directions of the original order and. if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.

514B.
When the person required by any Court or officer to execute a bond is a minor, such Court or officer may accept, in lieu thereof, a bond execute by a surety or sureties only.

515.
All orders passed under section 514 by any Magistrate other than a District Magistrate shall be appeal able to the District Magistrate, or, if not so appealed may be revised by him.

516.
The High Court or Court of Session may direct any Magistrate to levy the amount due on a bond to appear and attend at such High Court or Court of Session.

CHAPTER XLIII
OF THE DISPOSAL OF PROPERTY
516A.
When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before any criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy or natural decay, may after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.

517.
(1) When an inquiry or a trial in any criminal Court is concluded, the Court may make such order as it thinks fit for the disposal, by destruction, confiscation, or delivery to any person claiming to be entitled to possession thereof’, or otherwise, of any property or document produced before it or in its custody or regarding which any offence appears to have been committed or which has been used for the commission of any offence.

(2) When High Court or a Court of Session makes such order and cannot through its own officers conveniently deliver the property to the person entitled thereto, such Court may direct that the order be carried into effect by the District Magistrate.

(3) When an order is made under this section such order shall not except where the property is livestock or subject to speedy and natural decay and save as provided by sub-section (4), be carried out for one month or when an appeal is presented, until such appeal has been disposed of.

(4) Nothing in this section shall be deemed to prohibit any Court from delivering any property under the provisions of sub - section (1) to any person claiming to be entitled to the possession thereof, on his executing a bond with or without sureties to the satisfaction of the Court, engaging to restore such property to the Court if the order made under this section is modified or set aside on appeal.

Explanation.-- In the section the term "property" includes in the case of property regarding which an offence appears to have been committed not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.

518.
In lieu of itself passing an order under section 517, the Court may direct the property to be delivered to the District Magistrate or to a Sub-divisional Magistrate, who shall in such cases deal with it as if it had been seized by the police and the seizure had been reported to him in the manner hereinafter mentioned

519.
When any person is convicted of any offence which includes or amounts to theft or receiving stolen property, and it is proved that any other person has bought the stolen property from him without knowing, or having reason to believe, that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person, the Court may, on the application of such purchaser and on the restitution the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him.

520.
Any Court of appeal, confirmation, reference or revision may direct any order under section 517, section 518 or section 519, passed by a Court subordinate thereto, to be stayed pending consideration by the former Court, and may modify, alter or annul such order and make any further orders that may be just.

521.
(1) On a conviction under the Penal Code, section 292, section 293, section 501 or section 502, the Court may order the destruction of all the copies of the thing in respect of which the conviction was had, and which are in the custody of the Court or remain in the possession or power of the person convicted.

(2) The Court may, in like manner, on a conviction under the Penal Code, section 272, section 273, section 274 or section 275, order the food, drink, drug or medical preparation in respect of which the conviction was had to be destroyed.

522.
(1) Whenever a person is convicted of an offence attended by criminal force or show of force or by criminal intimidation and it appears to the Court that by such force or show of force or criminal intimidation any person has been dispossessed of any immoveable property the Court may, if it thinks fit, when convicting such person or at any time within one month from the date of the conviction, order the person dispossessed to be restored to the possession of the same.

(2) No such order shall prejudice any right or interest to or in such improvable property which any person may be able to establish in a civil suit.

(3) An order under this section may be made by any Court of appeal confirmation reference or revision.

523.
(1) The seizure by any police officer of property taken under section 51 or alleged or suspected to have been stolen, or found under circumstances which create suspicion of the commission of any offence, shall be forthwith reported to a Magistrate, who shall make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or, if such person cannot be ascertained, respecting the custody and production of such property:

Provided that any police - officer, who has made a seizure of cattle paddy or rice or of a boat or any other bulky article, may, pending the order of, the Magistrate, deliver such cattle or article to any person who may appear to be entitled to the possession of such cattle or article on his executing a bond with or without sureties, to return or produce such cattle or article at a police station whenever required.

(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit. If such person is unknown, the Magistrate may detain it and shall in such case issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto to appear before him and establish his claim within six months from the date of such proclamation.

524.
(1) If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, such property shall be at the disposal of the Government, and may be sold under the orders of the District Magistrate or Sub - divisional Magistrate or of a Magistrate of the first class empowered by the President of the Union in this behalf.

(2) In the case of every order passed under this section. an appeal shall lie to the Court to which appeals against sentences of the Court passing such order would lie.

525.
If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than ten rupees, the Magistrate may at any time direct it to be sold; and the provisions of sections 523 and 524 shall, as nearly as may be practicable, apple to the net proceeds of such sale.

CHAPTER XLIV
OF THE TRANSFER OF CRIMINAL CASES
526.
(1) Whenever it is made to appear to the High Court : -

(a) that a fair and impartial inquiry or trial cannot be had in any criminal Court subordinate thereto, or

(b) that some question of law of unusual difficulty is likely to arise, or

(c) that a view of the place in or near which any offence has been committed may be required for the satisfactory inquiry into or trial of the same, or

(d) that an order under this section will tend to the general convenience of the parties or witnesses, or

(c) that such an order is expedient for the ends of justice, or is required by any provision of this Code;

it may order -

(i) that any offence be inquired into or tried by any. Court not empowered under sections 177 to 184 (both inclusive), but in other respects competent to inquire into or try such offence:

(ii) that any particular case or appeal, or class of cases or appeals be transferred from a criminal Court subordinate to its authority to any other such criminal Court of equal or superior jurisdiction;

(iii) that any particular case or appeal be transpierced to and tried before itself; or

(iv) that an accused person be committed for trial to itself to a Court of Session.

(2) When the High Court withdraws for trial before itself any case from any Court it shall, except as provided in section 267, observe in such trial the same procedure which that Court would have observed if the case had not been so withdrawn.

(3) The High Court may act either on the report of the lower court, or on the application of a party interested, or on its own initiative.

(4) Every application for the exercise of the power conferred by this section shall be made by motion, which shall, except when the applicant is the Attorney-General, be supported by affidavit or affirmation.

(5) When an accused person makes an application under this section, the High court may direct him to execute a bond, with or without sureties, conditioned that he will, if so ordered, pay any amount which the High Court may under this section award by way of compensation to the person opposing the application.

(6) Every accused person making any such application shall give to the public prosecutor notice in writing of the application, together with a copy of the grounds on which it is made: and no order shall be made on the merits of the application unless at least twenty - four hours have elapsed between the giving of such notice and the hearing of the application.

(6A) Where any application for the exercise of the power conferred by this section is dismissed, the High Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding two hundred and fifty rupees as it may consider proper in the circumstances of the case.

(7) Nothing in this section shall be deemed to affect any order made under section 197.

¹(8)--- (10) * * * *

526A.
* * * * ( Note )

527.
(1) The President of the Union may by notification in the Gazette, direct the transfer of any particular case or appeal from one High Court to another High Court, or from any criminal Court subordinate to one High Court to any other criminal Court of equal or superior jurisdiction subordinate to another High Court, whenever it appears to him that such transfer will promote the ends of justice, or tend to the general convenience of parties or witnesses.

Explanation. --In this sub section "High Court" means the (high Court.)2 and includes the highest Court of criminal appeal or revision in any local area which is not included within the limits of the appellate criminal jurisdiction of the High Court.

(2) The Court to which such case or appeal is transferred shall deal with the same as if it had been originally instituted in, or presented to such Court

528.
(1) Any Sessions Judge may withdraw any case from, or recall any case which he has made over to, any Assistant Sessions Judge subordinate to him.

(2) Any District Magistrate or Sub-divisional Magistrate may withdraw any case from, or recall any case which he has made over to. any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into try the same.

(3) The President of the Union may authorize the District Magistrate to withdraw from any Magistrate subordinate to him either such classes of cases as he thinks proper, or particular classes of cases.

(4) Any Magistrate may recall any case made over by him under section 192, sub - section (2), to any other Magistrate and may inquire into or try such case himself.

(5) A Magistrate making an order under this section shall record in writing his reasons for making the same.

CHAPTER XLIV. A
528A-528D.
* * * *

CHAPTER XLV
OF IRREGULAR PROCEEDINGS
529.
If any Magistrate not empowered by law to do any of the following things, namely:

(a) to issue a search - warrant under section 98;

(b) to order, under section 155, the police to investigate an offence

(c) to hold an inquest under section 176;

(d) to issue process, under section 186, for the apprehension of a person within the local limits of his jurisdiction who has committed an offence outside such limits;

(e) to take cognizance of an offence under section 190 sub-section (1), clause (a) or clause (b);

(f) to transfer a case under section 192;

(g) to tender a pardon under section 337 or section 338;

(h) to sell property under section 524 or section 525; or

(i) to withdraw a case and try it himself under section 528,

erroneously in good faith does that thing, his proceedings shall not be ~et aside merely on the ground of his not being so empowered.

530.
If any Magistrate, not being empowered by law in this behalf does any of the following things, namely:--

(a) attaches and sells property under section 88,

(b) issues a search - warrant for a letter, parcel or other thing in the Post Office, or a telegram in the Telegraph Department;

(c) demands security to keep the peace;

(d) demands security for good behaviour;

(e) discharges a person lawfully bound to be of good behaviour

(f) cancels a bond to keep the peace;

(g) makes an order under section 133 as to a local nuisance;

(h) prohibits, under section 143, the repetition or continuance of a public nuisance;

(i) issues an order under section 144;

(j) makes an order under Chapter XII;

(k) takes cognizance under section 190, sub - section (1), clause (c), of an offence;

(l) passes a sentence, under section 349 on proceedings recorded by another Magistrate;

(m) calls, under section 435, for proceedings;

(n) makes an order for maintenance;

(o) revises, under section 515, an order passed under section 514;

(p) tries an offender;

(q) tries an offender summarily; or

(r) decides an appeal;

his proceedings shall be void.

531.
No finding, sentence or order of any criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice.

532.
If any Magistrate or other authority purporting to exercise Powers duly conferred, which were not so conferred, commits an accused person for trial before a Court of Session or High Court, the Court to which the commitment is made may, after perusal of the proceedings, accept the commitment if it considers that the accused has not been injured thereby, unless during the inquiry and before the order of commitment objection was made on behalf either of the accused or of the prosecution to the jurisdiction of such Magistrate or other authority.

(2). If such Court considers that the accused was injured, or if such objection was so made, it shall quash the commitment and direct as fresh inquiry by a competent Magistrate.

533.
(1) If any Court, before which a confession or other statement of an accused person recorded or purporting to be recorded under section 164 or section 364 is tendered or has been received in evidence, finds taht any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it shall take evidence that such person duly made the statement recorded; and, notwithstanding anything contained in the Evidence Act, section 91, such statement shall be admitted if the error has not injured the accused as to his defence on the merits.

(2) The provisions of this section apply to Court of appeal, reference and revision.

534.
* * * *

535.
(1) No finding or sentence pronounced or passed shall be deemed invalid merely on the ground that no charge was framed, unless, in the opinion of the Court of appeal or revision, a failure of justice has in fact been occasioned thereby.

(2) If the Court of appeal or revision thinks that a failure of justice has been occasioned by an omission to frame a charge, it shall order that a charge be framed, and that the trial be recommenced from the point immediately after the framing of the charge.

536.
If an offence triable by a jury is tried without a jury the trial shall not on that ground only be invalid unless the objection is taken before the Court records its finding.

537.
Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered under Chapter XXVII or on appeal or revision on account –

(a) of any error, omission or irregularity in the complaint, summons, warrant, charge. proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or

(b) * * *

(c) of the omission to revise any list of jurors (* *)² in accordance with section 324, or

(d) of an misdirection in any charge to a jury, unless such error, omission, irregularity. or misdirection has in fact occasioned a failure of justice.

Explanation------- In determining whether any error, omission or irregularity in any proceeding under this Code has occasioned a failure of Justice the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.

538.
No attachment made under this Code shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, writ of attachment or other proceeding relating thereto.

CHAPTER XLVI
MISCELLANEOUS
539.
Affidavits and affirmations to be used before the High Court or any officer of such Court may be sworn and affirmed before such Court or the Clerk of the Court or any Commissioner or other person appointed by such Court for that purpose, or any Judge, or any Commissioner for taking affidavits in any Court of Record in the Union of Burma, or any Commissioner to administer oaths in England or Ireland, or any Magistrate authorized to take affidavits or affirmations in Scotland.

539A.
(1) When any application is made to any Court in the course of any inquiry, trial or other proceeding under this Code, and allegations are made therein respecting any public servant, the applicant may give evidence of the facts alleged in the application by affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given.

An affidavits to be used before any Court other the High Court under this section may be sworn or affirmed in the manner prescribed in section 539, or before any Magistrate.

Affidavits under this section shall be confined to, and shall state separately, such facts as the deponent is able to prove from his own knowledge and such facts as he has reasonable grounds to believe to be true, and, in the latter case, the deponent shall clearly statel88 the grounds of such belief.

(2) The Court may order any scandalous and irrelevant matter in ~ affidavit to be struck out or amended.

539B.
(1) Any Judge or Magistrate may, at any stage of any inquiry trial or other proceeding, after due notice to the parties, visit and inspect any place in which an offence is alleged to have been committed, or any other place which it is in his opinion necessary to view for the purpose of properly appreciating the evidence given at sicj omqiory or trial, and shall without unnecessary delay record a memorandum of any other place which it is in his opinion necessary to view for the purpose of properly appreciating the evidence given at such inquiry or trial, and shall without unnecessary delay record a memorandum of any relevant facts observed at such inspection.

(2) Such memorandum shall form part of the record of the case. If the Public Prosecutor, complainant or accused so desires, a copy of the memorandum shall be furnished to him free of cost;

Provided that, in the case of a trial by jury [* * * *]¹ ,the Judge shall not act under this section unless such jury [* *]¹ , are also allowed a view under section 293.

540.
Any Court may. at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and reexamine any person already examined; and the Court shall summon and reexamine or recall and reexamine any such person if his evidence appears to it essential to the just decision of the case.

540A.
(1) At any stage of an inquiry or trial under this Code, where two or more accused are before the Court, if the Judge or Magistrate is satisfied, for reasons to be recorded, that any one or more of such accused is or are incapable of remaining before the Court, he may, if such accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.

(2) If the accused in any such case is not represented by a pleader or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit, and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.

541.
(1) Unless when otherwise provided by any law for the time being in force, the President of the Union may direct in what place any person liable to be imprisoned or committed to custody under this Code shall be confined.

(2) If any person liable to be imprisoned or committed to custody under this Code is in confinement in a civil jail, the Court or Magistrate ordering the imprisonment or committal may direct that the person be removed to a criminal jail.

(3) When a person is removed to a criminal jail under sub-section (2), he shall on being released there from, be sent back to the civil jail unless either ---

(a) three years have elapsed since he was removed to the criminal jail, in which case he shall be deemed to have been discharged from the civil jail under section (58) of the Code of Civil Procedure; or

(b) the Court which ordered his imprisonment in the civil jail has certified to the officer in charge of the criminal jail that he is entitled to be discharged under section (58) of the Code of Civil Procedure.

542.
* * * *

543.
When the services of an interpreter are required by any criminal Court for the interpretation of any evidence or statement, he shall be bound to state true interpretation of such evidence or statement.

544.
Subject to any rulers made by the President of the Union, any criminal Court may, if it thinks fit, order payment on the part of Government of the reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceeding before such Court under this Code.

545.
(1) Whenever under any law in force for the time being a criminal Court imposes a fine or confirms in appeal, revision or otherwise a sentence of fine, or sentence or which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be app lied.

(a) in defraying expenses properly incurred in the prosecution;

(b) in the payment to any person of composition for any loss or injury caused by the offence, when substantial compensation is, in the opinion of the Court, recoverable by such person in a civil Court;

(c) when any person is convicted of any offence which includes theft, criminal misappropriation. criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any bone fide purchaser of such property for the loss of the same if such property is restored to the possession of the person entitled thereto.

(2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeal.

546.
At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under section 545.

546A.
(1) Whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed upon him order him to pay to the complainant ----

(a) the fee (if any) paid on the petition of complaint or for the examination of the complainant, and

(b) any fees paid by the complainant for serving processes on his witnesses or on the accused

and may further order that, indefinable of payment, the accused shall
suffer simple imprisonment for a period not exceeding thirty days.

(2) An order under this section may also be made by an appellate Court or by the High Court when exercising its powers of revision.

547.
Any money (other than a fine) payable by virtue of any order made under this Code, and the method of recovery of which is not otherwise expressly provided, for shall be recoverable as if it were a fine.
548.
If any person affected by a judgment or order passed by a criminal Court desires to have a copy of the Judge’s charge to the Jury or of any order or deposition or other part of the record he shall, on a applying for. such copy, be furnished therewith;

Provided that he pays for the same unless the Court, for some special reason, thinks fit to furnish it free of cost.

549.
(1) The President of the Union may make rules consistent with this Code and the Army, Act, the Naval discipline Act [ * * *]( Note ) and the Air Force Act and any similar law for the time being in force law shall be tried by a Court to which person subject to military, naval or air force law shall be tried by a Court to which this Code applies or by Court-martial, and when any person is brought before a Magistrate and charge with an offence for which he is liable to be tried either by a Court to which this Code applies or by a Court-martial, such Magistrate shall have regard to the offence of which he is accused, to the commanding officer of the regiment, corps, ship or detachment, to which he belongs, or to the commanding officer of the nearest military, naval or air-force station, as the case may be for the purpose of being tried by Court-martial.

(2) Every Magistrate shall, on receiving a written application for that purpose by the commanding officer of any body of soldiers, sailors or airmen stationed or employed at any such place, use his utmost endeavors to apprehend and secure any person accused of such offence.

550.
Any police-officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence. Such police-officer, if subordinate to the officer in charge of a police-station, shall forthwith report the seizure to that officer.

551.
Police-officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.

552.
Upon complaint made on oath to a District Magistrate of the abduction or unlawful detention of a woman, or of a child under the age of sixteen years, for any unlawful purpose, the District Magistrate may, after such inquiry into the truth of the complaint as he may consider necessary make an order for the immediate restoration of such woman to her liberty, or of such child to his parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.

553.
* * * *

554.
(1) With the previous sanction of the President of the Union, the High Court may make rules for the inspection of subordinate Courts.

(2) * * * * *

(3) All rules made under this section shall be published in the Gazette.

555.
Subject to the power conferred by section 554, [ * * * *]² the forms set forth in the fifth schedule, with such variation as the circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient.

556.
No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.

Explanation.---- A Judge or Magistrate shall not be deemed a party, or personally interested. within the meaning of this section, to or in any case by reason only that he is a Municipal Commissioner or otherwise concerned therein ma public capacity or by reason only that he has viewed the place in which an offence is alleged to have been committed, or any other place in which any other transaction material to the case is alleged to have occurred, and made an inquiry in connection with the case.

Illustration

A, as Collector, upon consideration of information furnished to him, directs the prosecution of B for a breach of the Excise laws. A is disqualified from trying this case as a Magistrate.

557.
No p reader who practices in the Court of any Magistrate shall sit as a Magistrate in such Court or in any Court within the jurisdiction of such Court.

558.
The President of the Union may determine what, for the purposes of this Code, shall be deemed to be the language of each Court other than the High Court.

559.
(1) Subject to the other provisions of this Code, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor in office.

(2) When there is any doubt as to who is the successor in office of any Magistrate the District Magistrate shall determine by order in writing the Magistrate who shall, for the purposes of this Code or of any proceedings or order there under, be deemed to be the successor in office of such Magistrate.

(3) When there is any doubt as to who is the successor in office of any Additional or Assistant Session Judge. the Sessions Judge shall determine by order in writing the Judge who shall, for the purpose of this Code or of any proceeding or order there under, be deemed to be the successor in office or such Additional or Assistant Sessions Judge.

560.
A Public servant having any duty to perform in connection with the sale of any property under this Code shall not purchase or bid for the property.

561.
(1) Notwithstanding anything in this code, no Magistrate except a District Magistrate shall -----

(a) take cognizance of the offence of rape where the sexual intercourse was by a man with his wife, or

(b) commit the man for trial for the offence.

(2) And, notwithstanding anything in this Code, if a District Magistrate deems it necessary to direct an investigation by a police-officer with respect to such an offence as is referred to in sub-section (1), no police-officer of a rank below that of police-inspector shall be employed either to make, or to take part in. the investigation.

561A.
Nothing in this Code shall be deemed to limit or affect the inherent power of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court otherwise to secure the ends of justice.

First offenders

562.
(1) When any person not under twenty-one years of age is convicted of an offence punishable with imprisonment for not more than seven years, or when any person under twenty-one years of age or any woman is convicted of an offence not punishable with death or transportation for life, and no previous conviction is proved against the offender, if it appears to the Court before which, he is convicted, regard being had to the age, character of antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period ( not exceeding three years) as the Court may direct, and in the meantime to keep the peace and be of good behaviour.

Provided that, where any first offender is convicted by a Magistrate of the third class, or a Magistrate of the second class not specially empowered by the President of the Union in this behalf, and the Magistrate is of opinion that the powers conferred by this section should be exercised, he shall record his opinion to that effect, and submit the proceeding to a Magistrate of the first class or Sub-divisional Magistrate, forwarding the accused to, or taking bail for his appearance before, such Magistrate, who shall dispose of the case in manner provided by [sub-section (5)]¹

(1 A) In any case in which a person is convicted of [theft, theft in a building, theft by a clerk or servant, dishonest misappropriation, criminal breach of trust] ‘cheating, or any offence under the penal Code punishable with not more than two years imprisonment and no previous conviction is proved against him, the Court before whom he is so convicted may, if it thinks fit, having regard to the age character, antecedents or physical or mental condition of the offender and to the trivial nature of the offence or any extenuating circumstances under which the offence was committed, instead of sentencing him to any punishment release him after due admonition.

(2) An order under this section may be made by any appellate Court or by the High Court when exercising its powers of revision.

(3) When an order has been made under this section in respect of any offender, the High Court may, on appeal when there is a right of appeal to such Court or when exercising its powers of revision set aside such order, and in lieu thereof pass sentence on such offender according to law:

Provided that the High Court shall not under this sub-section inflict a greater punishment than might have been infected by the Court by which the offender was convicted.

(4) The provisions of section 122 (and 126)¹ shall so far as may be, apply in the case of sureties offered in pursuance of the provisions of this section.

²(5) Where proceedings are submitted to a Magistrate of the first class or a Sub-divisional Magistrate under the proviso to sub-section (1), such Magistrate may thereupon pass such sentence or make such order as he might have passed or made if the case had originally been heard by him, and if he thinks further inquiry or additional evidence on any point to be necessary, he may make such inquiry or take such evidence himself, or direct such inquiry or evidence to be made or taken by the Magistrate who tried the case.

563.
(1) If the Court which convicted the offender, or a Court which could have dealt
with the offender in respect of his original offence, is satisfied that the offender has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension.

(2) An offender, when apprehended on any such warrant, shall brought for with before the Court issuing the warrant and such Court may either remand him in custody until the case is heard or admit him to bail with a sufficient surety conditioned on his appearing for sentence Such Court may after hearing the case, pass sentence.

564.
(1) The Court, before directing the release of an offender under section 562, sub-section (1), shall be satisfied that the offender or his surety (if any) has a fixed place of abode or regular occupation in the place for which the Court acts or in which the offender is likely to live during the period~ named for the observance of the conditions.

(2) * * *

Previously convicted offenders

565.
(1) When any person having been convicted ---

(a) by a Court in the Union of Burma of an offence punishable under section 215, section 489A section 489B section 489C, or section 489D of the Penal Code, or of any offence punishable under Chapter XII or Chapter XVII of that Code with imprisonment of either description for a term of three years or upwards (* *)

(b) * * * * *

is again convicted of any offence punishable under any of those section or Chapters with imprisonment for a term of three years or upwards by the High Court, Court of Session, District Magistrate, Sub-divisional Magistrate of Magistrate of the first class, such Court or Magistrate may if it or he thinks fit, at the time of passing sentence of transportations or imprisonment on such person, also order that his residence and any change of or absence from such residence after release be notified as hereinafter provided for a term exceeding five years from the date of the expiration of such sentence.

(2) If such conviction is set aside on appeal or otherwise, such order shall become void.

(3) The President of the Union may make rules to carry out the provisions of this section relating to the notification of residence or change of or absence from residence by released convicts.

(4) An order under this section may also be made by an appellate Court or by the High Court when exercising its powers of revision.

(5) Any person against whom an order has been made under this section and who refuses or neglects to comply with any rule so made shall be deemed within the meaning of section 176 of the Penal Code to have omitted to give a notice required for the purpose of preventing the commission of an offence.

(6) Any person charged with a breach of any such rule may be tried by a Magistrate of competent jurisdiction in the district in which the place last notified him as his place of residence is situated.

SCHEDULE I. * * *
SCHEDULE II. - TABULAR STATEMENT OF OFFENCES.
SCHEDULE III. - ORDINARY POWERS OF MAGISTRATES.
SCHEDULE IV. - ADDITIONAL POWERS WITH WHICH MAGISTRATES MAY BE INVESTED.

Notes:

(1) Deleted by Act XXXVII. 1947.Omitted

(2) Inserted by the Union of Burma R.C. Law No. 11. 1973

(3) Omitted by the Union of Burma (Adaptation of Laws) Order, 1948)

(4) 21st July 1947

(5) Added by Act XIII, 1945.

(6) Amended by Act XIII, 1945, Act XX, 1950. and XXIV. 1951

(7) Amended by Act XIII, 1945.

(8) Amended by the Union of Myanmar (Adaptation of Laws) Order, 1948.

(9) Deleted by Act II. 1973.

(10) Deleted by Act XIII. 1945.

(11) Deleted by Act XLV, 1954.

(12) Deleted by the Union of Burma (Adaptation of Laws) Order, 1948.

(13) Deleted by the Union of Burma R.C, Law No II, 1975.

(14) Entries relating to sections 324, 325,337,338,420,482,483 and 486 of the Penal Code were deleted ibid.

(15) For an enunciation of the principles under which Government will take action, see Burma Gazette, 1940, Supplement, p. 286

(16) For exemption of certain Officer, see .Myanmar Guzette, 1941. Part I. p. 1367.

(17) For periods of limitation, see the Limitation Act, Sch. 1. second division

(18) For such rules, see Burma Gazette. 1941, Part I, P 106.

(19) For such rules, see High Court Notification No. 10 (General). dated the 17th September 1947. as amended by Notification No. 3 (General), dated the 26th May 1949 (High Court Rules and Orders, Thud Edition, p. 515.

(20) For such rules. see the High Court Rules and Orders and Myanmar Gazette. 1940. part IV p. 253.

(21) Illustration (a) should have been amended in view of the amendments to Sections 299 and 300 of the

(22) Inserted by 1aw Act XXXTX. 1954.

(23) Inserted by Act XIII, 1959.

(24) Inserted by Act XIII. 1945.

(25) Inserted by Act XXXIX. 1945

(26) Inserted by the Union of Myanmar R,C. Law No. Il. 1973.

(27) Inserted by, Act XIII. 1945.

(28) Omitted by Act XII, 1945.

(29) Omitted by Act XIII, 1945

(30) Omitted by Act XLII, 1945.

(31) Omitted by the Union of Burma (Adaptation of Laws) Order, 1948.

(32) See High Court Rules and Orders.

(33) Sub-section (I) of section 497 and section 498 were substituted by. Act XXXVIII. 1984 For temporary amendments to these, see Act VII, 1954. at page 423, post.

(34) Sub-section 30 of the Evidence Act.

(35) Substituted by the Union of Myanmar ( Adaptation of Laws ) Order. 1948. Substituted by Act XIII. 1945

(36) Substituted by Act II, 1945.

(37) Substituted by Act LIV, 1947.

(38) Substituted by Act LVI, 1957.

(39) Substituted by Act No. XIII, 1945.

(40) Substituted by Act X, 1961.

(41) Substituted by Act XIII 1945 and amended by the Union of Myanmar (Adoption of law)

(42) Substituted by Act XIII, 1945.

(43) Substituted by Act XIII.

(44) Substituted by Act XLII. 1945.

(45) substituted by Act XLV, 1954.

(46) Substituted by Act XXXIII, 1947

(47) Substituted by the Union of Myanmar (Adaptation of Laws) Order, 1948.

(48) Substituted for the words "High Court of judicature at Rangoon by the Union of Burma (Adaptation of laws) Order 1948.

(49) Substituted Law Act XIII. 1945.

(50) The provision was omitted by act XIII. 1945.

(51) The proviso to section 312 was omitted ibid.

(52) The proviso was ommitted by Act XIII. 1945.

(53) The word ‘male’ was deleted by Act XLII. 1945.

(54) The word or assessor were deleted by Act XIII, 1945.

(55) The words ‘or has been so ordered by any other Magistrate to pay compensation exceeding fifty rupees’ were deleted by Act XIII. 1945.

(56) The words "before a Magistrate having jurisdiction in the case. or" were deleted by Act XII, 1945..

(57) The words "or farm" were deleted by Act XII, 1945.

(58) The words and figures "section 143" and "section 153 A" were deleted by Act no. XIII, 1945

(59) The words in brackets should have been omitted.

(60) This Act has been repealed by Act LV, 1950.

(61) For such rule, see Burma Guzette 1939. Part t I. p. 1093

The Code of Criminal Procedure Schedule II

SCHEDULE II
TABULAR STATEMENT OF OFFENCES
( 1 ) [Subject to the proviso to clause (a) and the proviso (f) of sub-section (1) of section 4.]

EXPLANATORY NOTE. - The entries in the second and seventh columns of this schedule, headed respective "Offence" and "Punishment under the Penal Code", are note intended as definitions of the offences and described in the several corresponding sections of the Penal Code, or even as abstract of those sections, but merely as references to the subject of the section, the number of which is given in the first column.

CHAPTER V ---- ABETMENT (PDF)
CHAPTER V A,---- CRIMINAL CONSPIRACY (PDF)
CHAPTER VI---- OFFENCES AGAINST THE STATE (PDF)
CHAPTER VI A ---- OFFENCES RELATING TO CERTAIN PROVISIONS CONTAINED IN THE CONSTITUTION AND ACTS OF THE PARLIAMENT (PDF)

CHAPTER VI B ---- LIBEL AGAINST FOREIGN POWERS (PDF)

CHAPTER VII ---- OFFENCES RELATING TO THE ARMY AND NAVY (PDF)
CHAPTER VIII ---- OFFENCES AGAINST THE PUBLIC TRANQUILITY (PDF)
CHAPTER IX ----- OFFENCES BY OR RELATING TO PUBLIC SERVANTS (PDF)
CHAPTER IX A ---- OFFENCES RELATING TO ELECTIONS (PDF)
CHAPTER X ---- CONTEMPTS OF THE AUTHORITY PUBLIC SERVANTS (PDF)
CHAPTER XI ---- FALSE EVIDENCE AND OFFENCES AGAINT PUBLIC JUSTICE (PDF)
CHAPTER XII ---- OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS. (PDF)
CHAPTER XII ---- OFFENCES RELATING TO WEIGHTS AND MEASURES (PDF)
CHAPTER XIV ---- OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS (PDF)
CHAPTER XV ---- OFFENCES RELATING TO RELIGION (PDF)
CHAPTER XVI ---- OFFENCES AFFECTING THE HUMAN BODY (PDF)

- Of Offence affecting Life.

- Of the Causing of Miscarriage; of Injuries to Unborn Children; of the Exposure of Infants and of the Concealment of Births

- Of Hurt

- Of Wrongful Restraint and Wrongful Confinement

- Of Criminal Force and Assault

- Of Kidnapping, Abduction, Slavery and Forced Labour

- Of Unnatural Offence

CHAPTER X VII ---- OFFENCES AGAINST PROPERTY (PDF)

- Of Theft

- Of Extortion

- Of Robbery and Dacoity

- Of Criminal Misappropriation of Property

- Of Criminal Breach of Trust

- Of the Receiving of Stolen Property

- Of Cheating

- Of Mischief

CHAPTER X VII ---- OFFENCES AGAINST PROPERTY (PDF)

- Of Criminal Trespass

CHAPTER XVIII ---- OFFENCE RELATING TO DOCUMENTS AND TO TRADE OR PROPERTY MARKS (PDF)
CHAPTER X VII ---- OFFENCES RELATING TO DOCUMENTS AND TO TRADE OR PROPERTY MARKS (PDF)

- Of Trade and Property Marks

CHAPTER XVIII ---- OFFENCES RELATING TO DOCUMENT AND TO TRADE OR PROPERTY MARKS (PDF)

- Of Currency - Notes and Band-Notes

CHAPTER XIX ---- OF THE CRIMINAL BREACH OF CONTRCT OF SERVICE (PDF)
CHAPTER XX ---- OFFENCE RELATING TO MARRIAGE (PDF)
CHAPTER XXI ---- DEFAMATION (PDF)
CHAPTER XXII ---- CRIMINAL INTIMIDATION, INSULT AND ANNOANCE (PDF)
CHAPTER XXIII ---- ATTEMPTS TO COMMIT OFFENCES (PDF)

(1) This proviso was inserted by the Burma Laws (Adaptation) Act, 1940 (Burma Act XXVIII,1940) in view of the amendments made to s.4 of the Code or Criminal Procedure by that Act.

The Code of Criminal Procedure Schedule III

SCHEDULE III
(See section 36)
ORDINARY POWERS OF MAGISTRATES
I. Ordinary Powers of a Magistrate of the Third Class
(1)
Power to arrest or direct the arrest of, and to commit to custody, a person committing an offence in his presence, section 64.
(2)
Power to arrest, or direct the arrest in his persence of, an offender section 65.
(3)
Power to endorse a warrant, or to order the removal of an accused person arrested under a warrant, sections 83, 84, and 86.
(4)
Power to issue proclamations in eases judicially before him, section 87.
(5)
Power to attach and sell property and to dispose of claims to attached property in cases judicially before him, section 88.
(6)
Power to restore attached property, section89.
(7)
Power to require search to be made for letters and telegrams, section 95.
(8)
Power to issue search - warrant, section 96.
(9)
Power to endorse a search - warrant order delivery of thing found, section 99.
(10)
Power to command unlawful assembly to disperse, section 127.
(11)
Power to use civil force to disperse unlawful assembly, section 128.
(12)
Power to require military force to be used to disperse unlawful assembly section 130.
(13)
* * *
(14)
Power to authorize detention, not being detention in the custody of the police of a person during a police investigation, section 167.
(14a)
Power to postpone issue of process and inquire into case himself section 202.
(15)
Power to deatin an offender fund in Court, section 351.
(16)
* * *
(17)
Power to apply to District Magistrate to issue commission for examination of witness, section 506.
(18)
Power to recover forfeited bond for appearance before Magistrate's Court, section 514, and to require fresh security, section 514 A.
(18a)
Power to make order as to custody and disposal of property pending inquiry or trial, section 516 A.
(19)
Power to make order as to disposal of property, section 527.
(20)
Power to sell property of a suspected character, section 525.
(21)
Power to require affidavit in support of application, section 539 A.
(22)
Power to make local inspection, section 539 B.
II, - Ordinary Powers of a Magistrate of the Second Class.
(1)
The ordinary power of a Magistrate of the third class.
(2)
Power to order the police to invetigate an offence in cases in which the Magistrate has jurisdiction to try or commit for trial, section 155.
(3)
Power to postpone issue of process and to inquier into a case or direct investigation section 202.
III, - Ordinary Powers of a Magistrate of the First Class.
(1)
The ordinary powers of a Magistrate of the second class.
(2)
Power to issue search-warrant otherwise than in cours of an inquiry, section 98.
(3)
Power to issue search-warrant for discovery of persons wrongfully confined, section 100.
(4)
Power to require security to keep peace, section 107.
(5)
Power to require security for good behaviour, section 109.
(6)
Power to discharge sureties, section 126.
(6a)
Power to make orders as to local nuisances, section 133.
(7)
Power to make orders, etc., in possession cases, sections 145, 146 and 147.
(7a)
Power to record statements and confessions during a police investigatjion, section 164.
(7aa)
Power to authrized detention of a person in the custody of the police during a police investigation, section 167.
(7b)
Power to hold inquests, section 174.
(8)
Power to commit for trial, section 206.
(9)
Power to stop preceedings when no complaint, section 149.
(9a)
Power to tender pardon to accomplice during inquiry into case by himself, section 337.
(10)
Power to make orders of maintenance, sections 488 and 489.
(11)
Power to take evidence on commission, section 503.
(12)
Power to recover penalty on forfeited bond, section 514.
(12a)
Power to require fresh security, section 514 A.
(12b)
Power to re-call case made over by him to another Magistrate, section 528 (4).
(13)
Power to make order as to first offenders, section 562.
(14)
Power to order released convicts to notify residence, section 565.
IV, - Ordinary Powers of a Sub-divisional Magistrate appointed under section 13.
(1)
The ordinary powers of a Magistrate of the first class.
(2)
Power to direct warrants to land holders, section 78.
(3)
Power to require security for good behaviour, section 110.
(4)
* * *
(5)
Power to make orders prohibiting repetitions of nuisances, section 143.
(6)
Power to make orders under section 144.
(7)
Power to depute subordinate Magistrate to make local inquiry, section 148.
(8)
Power to order police investigation into cognizable case, section 156.
(9)
Power to receive report of police - office and pass order, section 173
(10)
* * *
(11)
Power to issue process for person within local jurisdiction who has committed an ofence outside the local jurisdiction, section 186.
(12)
Power to entertain complaints, section 190.
(13)
Power to receive police reports, section 190.
(14)
Power to entertain cases without complaint, section 190.
(15)
Power to transfer cases to a subordinate Magistraate, sectjion 192.
(16)
Power to pass sentence on proceedings recorded by a subordinate Magistrate, section 349.
(17)
Power to forward record of inferior court to District Magistrate, section 435(2).
(18)
Power to sell property alleged or suspected to have been stolen, etc., section, 524.
(19)
Power to withdraw cases other than appeals, and to try or refer them for trial, section 528.

V. Ordinary Power sof a District Magistrate
(1)
The ordinary powers of a Sub-divisional Magistrate.
(2)
Power to require delivery of letters, telegrams, etc., section 95.
(3)
Power to issue search-warrants for documents in custody of postal or telegraph authority, section 96.
(4)
Power to requier security for good behaviour in case of sedition, section 108.
(5)
Power to discharge persons bound to keep the peace or to be of good behaviour, section 124.
(6)
Power to cancel bound for keeping the peace, section 125.
(6a)
Power to order preliminary investigation by police-officer not below the rank of Inspetor in certain cases, section 196B.
(7)
Power to try summarily, section 260.
(7a)
Power to tender pardon to accomplice at any stage of a case, section 337.
(8)
Power to quash conviction in certain cases, section 350.
(9)
Power to hear appeals from orders requiring security for keeping the peace or good behaviour, section 406.
(9a)
Power to hear appeals from orders of Magistrates refusing to accept or rejecting sureties, section 406A.
(10)
Power to hear or refer appeals from convictions by Magistratesof the second and third classes, section 407.
(11)
Power to call for records, section 435.
(12)
Power to order inquiry into complaint dismissed or case of accused discharged, section 436.
(13)
Power to order commitment, section 437.
(14)
Power to report case to High Court, section 438.
(15)
(16) * * *
(17)
Power to appoint person to be public prosecutor in particular case, section 492 (2).
(18)
Power to issue commission for examination of witness, section 503, 506.
(19)
Power to hear appeals from or revise orders passed under sections 514, 515.
(20)
Power to compel restoration or abducted female, section 552.

The Code of Criminal Procedure Schedule IV

SCHEDULE IV
(See section 37 and 38)
ADDITIONAL POWERS WITH WHICH MAGISTRATES MAY BE INVESTED

- Powers with which a Magistrate of the First Class may be Invested by the President of the Union.

- Powers with which a Magistrate of the First Class may be Invested by the District Magistrate.

- Powers with which a Magistrate of the Second Class may be Invested by the President of the Union.

- Powers with which a Magistrate of the Second Class may be Invested by the District Magistrate.

- Powers with which a Magistrate of the Third Class may be Invested by the President of the Union & by the District Magistrate.

- Powers with which a Divisional Magistrate may be Invested by the President of the Union.

The Courts Manual

The Courts Manual: Part I

PART I.
LEGAL PRACTITIONERS AND PETITION WRITERS.

CHAPTER 1.
ADVOCATES AND PLEADERS.

1. The law relating to Advocates of the High Court is con­tained in the Bar Council Act, and the rules framed thereunder. The law relating to Pleaders is contained in the Legal Practitioners Act, and the rules framed thereunder. Such of the statutory rules, framed under these two Acts, as are of interest to subordinate courts are re­produced in this Chapter. The only sections of the Legal Practitio­ners Act which govern Advocates are section 36 and sections 41 to 44 inclusive.

2. Advocates and Pleaders are admitted by the High Court in accordance with rules made under section 9 of the Bar Council Act, and sections 6, 7 and 8 of the Legal Practitioners Act.

3. Advocates’ Admission Rules. - *
1. The following may be admitted as Advocates Who may be of the Court:-

(a) Any person entitled to practise as a Barrister in England who has read in England in the Chambers of a practising Barrister of more than five years’ standing for at least one year;
or
has subsequent to his call read Burma in the Chambers of a practising Advocate of more than ten years’ standing for at least one year;
or
has prior to his call practised as a Pleader of the Highter Grade in Burma for at least three years; and who produces-
(i) proof that he has passed either the Special Burmese conducted by the Commissioner of Examinations, Burma;
or
any examination in Burmese accepted by the Advocateship and Pleadership Examinations Board, Burm, as equivalent;
or
the English High School, or Anglo-Vernacular High School Examination with Burmese as second language;
(b) Any Bachelor of Laws of the Yangon University, or Laws graduates of the Yangon Arts and Science University, or those who passed he registered Lawyers course or those who have passed the laws course which the Minister of Education has recognized as such. (0002)
(i) a certificate or certificates from one or more District Judges showing that he has practised continuously as a Pleader of the Higher Grade in Burma with good repute for at least 3 years; (0002) and
(ii) proof that he has passed either the Special (Law) Higher Standard Examination in Burmese conducted by the Commissioner of Examinations, Burma;
or
any examination in Burmese accepted by the Advocateship and Pleadership Exanimations Board, Burma, as equivalent;
or
the English High School, or Anglo-Ver­nacular High School Examination with Burmese as second language;
(c) Any person who produces —
(i) a certificate or certificates from one or more District Judges showing that he has prac­tised continuously as a Pleader of the Higher Grade in Burma with good repute for at least five years;
or
proof that after admission as a Higher Grade Pleader he has held a Judicial Office for at least five years;
(ii) a certificate signed by the Secretary, Pub­lic Service Commission, Burma, that he has passed the Advocateship Examination held in Burma or produces a certificate signed by the Commissioner of Examinations be­fore the 11th October 1939; and
(iii) proof that he has passed one of the Exami­nations in Burmese prescribed in clause (b)
(ii) above:

Provided that-
(1) no Government Servant may include any period dur­ing which he holds a Higher Grade Pleader’s Cer­tificate while in Government Service in computing the period required by clauses (b) and (c) above Un­less he is holding a Judicial Office.
(2) no person, whose name is borne on the Roll of Ad­vocates of any Court in any foreign country and who is entitled to practise as an Advocate in any foreign country shall be admitted as an Advocate.
(3) notwithstanding anything contained in the aforesaid rules the High Court shall have the discretion in any case, with the concurrence of the Bar Council, to relax any of the conditions contained in the above rules.
2. No woman shall be disqualified for admission as an Advocate by reason only of her sex.

3. No person, who is not a Citizen of the Union of Burma, Non- Citizen. shall be admitted and enrolled as an Advocate.

4. An application for admission as an Advocate shall be made by a letter to the D.G. (0003) of the High Court re­questing the Judges to admit the applicant.

The letter shall be signed by the applicant and shall state —
(i) his name and residence in full;
(ii) his father's name, residence and occupation,
(iii) his age and nationality;
(iv) his qualification under Rule 1, and his previous occupation and career, setting forth fully and par­ticularly any incidents in it which might possibly affect the decision on his application, or stating spe­cifically that there have been no such incidents;
(v) that it is his intention, if admitted, to practise in the Supreme Court, the High Court and the Courts subordinate thereto;
(vi) whether or not he has been enrolled as an Advo­cate of any other High Court or Court in foreign countries and if he has been so enrolled whether his name is still borne on the Roll of every Court in which he has been enrolled;
(vii) whether he has ever been censured, suspended from practice, struck off the rolls or disbarred in the coun­try iii which he may have been called or admitted or by any Court iii which he may have been en­rolled;
(viii) whether he holds any appointment in the Government Service, and. if so what appointment.

5. There shall be attached the letter -

(i) certificates or other evidence that the applicant has the necessary qualifications for admis­sion as set out in Rule 1:
(ii) if the applicant has been enrolled as an Advocate of any other High Court or Courts in foreign countries, a certificate or certificates or other evidence of each such admission, and showing that his name is no longer borne on the rolls of such High Court or Su­preme Court, or Courts, or, if his name has been re­moved. the circumstances under which it was re­moved;
(iii) one or more testimonials from a person or persons in good position to the good character and conduct of the applicant;
(iv) if the applicant has pracised in any other high Court or in any Court subordinate to a High Court, a cer­tificate or certificates that his conduct as aim Advo­cate has been satisfactory.

6. (1) Notice of applications made under Rule 4 shall be given by the D. G. of the High Court to the Bar Council and such notice shall contain all the particulars set out in Rules 4 and 5 together with the original docu­ments filed with the applications.
(2) No applicant shall be admitted and enrolled as an Advocate until after the expiry of fourteen days from the date of such notice.
7. The Bar Council shall be entitled, within such period of fourteen days, to prefer in writing to the High Court any objection to the admission of such ap­plicant and in case of such an objection the High Court shall, before making any order on the application for admission, give the appli­cant and the Bar Council an opportunity to be heard in such manner as the High Court may decide in each case.

8. No person shall be enrolled as an Advocate until he has paid a fee of Ks 2500 (Kyats) Two Thousands Five Hundreds only) (0004) to the Bar Council on admission.

9. If the application be granted, the D.G. of the High Court shall on payment of the stamp duty (if any) payable and the fee prescribed under Rule 8 above, enter the applicant’s name in the Roll of the Advocates of the Court, and will deliver to the applicant a certificate of Admission in Form I annexed to these rules under his signature and the seal of the Court.
10. Any Advocate of the High Court, who subsequently be comes enrolled as an Advocate of any Court in a foreign country, shall have his name struck off the Rolls of the Advocates of the High Court.
11. (1) On the request of any Advocate the High Court may suspend him from practice or remove his name from the Rolls of the Advocate of the Court.
(2) Any person who, having been admitted as an Advo­cate of the High Court, enters into or carries on any trade or other business shall give notice thereof in writing to the High Court who may suspend such Advocate from practice or pass such orders as the Court may think fit.

12. An Advocate, who desires to have his name struck off the Roll of Advocates, shall send an application verified by affidavit to the D.G of the High Court and shall state therein —
(a) the date of admission of the applicant as an Advo­cate of this Court;
(b) the reason for such application;
(c) that no application or other proceeding against the applicant as such Advocate or as a Barrister is pending in this or any other Court, or before any of the Inns of Court or other body having jurisdiction over him as such Advocate or Barrister, and that he does not expect or apprehend that any application or proceeding will be made or taken against him as such Advocate or Barrister.

13. A certificate in Form II annexed may be issued by the D G. of the High Court to any Advocate on his furnishing an impressed non-Judicial Stamp of the value of K 5 for the certificate to be written on.

14. The D.G. of the High Court shall keep a Roll of Ad­vocates in Form II annexed hereto.

15. Every Advocate, whose name is borne on the Roll of Advocates of the High Court and who is in practice shall pay a subscription of Ks. 120 (Kyats One hundred & Twenty only) (0004) to the Bar Council annually.
An Advocate of the High Court whose name is borne on the Roll of Advocates of the High Court and who is not in practice shall not be eligible to vote at an election to the Bar Council or to be elected thereto or to sit or vote at any meeting thereof or of any committee thereof.
The subscription shall be paid by every Advocate to the Bar Council on or before the 31st of March every year.
Without prejudice either to any suit or other proceeding for the recovery of such subscription or to any disciplinary action to which he may be liable for nonpayment thereof, an Advocate whose sub­scription is in arrear shall be ineligible to vote at an election to the Bar Council or to sit or vote at any meeting thereof or of any commit­tee thereof.

(Back)

Form I.
IN THE HIGH COURT, RANGOON.
Certificate of Admission and Enrolment

Form II.
IN THE HIGH COURT, RANGOON.
Certificate of being borne on the Roll of Advocates.

Form III.
Roll of Advocates of the High Court, Rangoon.

(0005)

The relative precedence and rights of pre-audience of all Ad­vocates of the High Court shall be decided —
(a) in the case of Barristers according to the date of their call to the Bar;
(b) in the case of non-Barristers according to the date of their admission as Advocates, Vakils or First Grade Pleaders of a High Court or of the Chief Court of Lower Burma, or as First Grade Advocates of the Court of the Judicial Commissioner of Upper Burma:
Provided that Advocates who are Barristers-at-Law and who before their call to the Bar were Advocates, Vakils or First Grade
Pleaders of a High Court or of the Chief Court of Lower Burma, or First Grade Advocates of the Court of the Judicial Commissioner of Upper Burma may take the date of their admission as such Advo­cates, Vakils or First Grade Pleaders as the date according to which their precedence and rights of pre-audience shall be decided.

5. No Advocate of a High Court other than the High Court, Rangoon, is entitled to plead or act in any Court subordinate to the High Court, Rangoon. No Judge or Magistrate has authority to permit an Advocate of another High Court to appear before him.

Inquiries into the Conduct of Advocates.

6. The following rules (0006) have been made under section 12
(1) of the Bar Council Act, to prescribe the pro­cedure to be followed by Tribunals and District Courts in the conduct of inquiries under section 10 (2) of the Act -

Rules
1. In this rules­
(i) “Act” means the Bar Council Act;
(ii) “High Court” means the High Court.
(iii) “Director –General” means the Director- General of the High Court,
(iv) “Bar Council” means the Bar Council appointed un­der section 3 of the Act for the High Court,
2. (1) Upon the receipt by the High Court of a complaint under section 10, sub-section (2) of the Act, the D.C. shall refer the complaint to the Bar Council for opinion whether the inquiry shall be held by a Tribunal, appointed under section 11, sub-section (2) of the Act, or by a District Court.
(2) When an inquiry is ordered to be held by a District Court it shall be held by the Judge of the Court and not by any Addit­ional Judge thereof.
3. The complaint presented under sub-section (2) of sec­tion 10, or, in cases where the High Court acts of its own motion, a statement of the case alleged against the respondent, shall be for­warded to the President of the Tribunal or the Judge of the District Court, as the case may be.
4. The Tribunal or the Judge of the District Court, as the case may be, may thereupon, in its or his discretion, forthwith frame charges against the respondent, or decide to hold a preliminary in­quiry into the allegations.
5. (1) At the preliminary inquiry, if any, witnesses should be examined, documentary evidence collected, and-all materials necessary in support of or relevant to the allegations should be obtained.
(2) The attendance of the respondent at the preliminary inquiry is unnecessary, but if he is present he may be asked by the President of the Tribunal or the Judge of the District Court, as the case may be, any questions which are considered necessary for the purpose of elucidating the facts. The respondent shall not, in the pre­liminary inquiry, be permitted to cross-examine the witnesses.
6. When the preliminary inquiry, if any, has been completed. the Tribunal or the Judge of the District Court, as the case may be, shall either -
(i) jf in its or his opinion no case for action against the respondent has been made out, report accord8n.ce in according with sub-section (2) of section 12 of the Act to the High Court, or
(ii) if in its or his opinion there is reason for further in­quiry, frame charges against the respondent, and pro­ceed to hold a formal inquiry into the charges.
7. (1) The charges framed under Rule 4 or Rule 6 shall set out specifically, and in sufficient detail to make the respondent aware of the nature of the case against him, the allegations concerning which it is decided to hold a formal inquiry. Each separate allegation should be made the basis of a separate charge, and the charge should end by calling upon the respondent to show cause why he should not be struck off the Roll of Advocates, or suspended from practice, or oth­erwise punished.
(2) A copy of the charges shall be served on the respon­dent, and he shall be required to enter his defence in writing by a date to be fixed.
(3) The charges may be amended at any stage of the inquiry provided that the respondent is given due notice of alt such amendments and is given the opportunity of recalling and further cross-examining any witnesses examined prior to the amendment.
8. On receipt of the respondent’s written statement of his defence, a date shall be fixed for proceeding with the inquiry, on which date the respondent and the witnesses in support of the charges shall be ordered to attend.
9. (1) On the date so fixed, or any subsequent date to which the inquiry may be adjourned, the formal inquiry shall be opened by a brief verbal statement of the case against the respondent by the President of the Tribunal or the Judge of the District Court, as the case may be, by reading of the charges framed against the respondent and the respondent’s written statement of defence thereto. The wit­nesses in support of the charges shall then be examined.
(2) The respondent shall have the right to be represented by an Advocate at the formal inquiry, which shall be held in his pres­ence or in the presence of his Advocate. He shall have the right, either personally or through his Advocate, to cross-examine all wit­nesses examined in support of the charges.
(3) All witnesses whom, the respondent produces in his defence shall be examined, after the witnesses in support of the charges have heel] examined, and reasonable time shall be allowed to the respondent in which to procure the attendance of such witnesses.
(4) The statements of all witnesses examined shall be recorded in writing.
(5)The respondent may at any stage of the inquiry be asked by the President of the Tribunal or the Judge of the District Court, as the case may be, any questions which he considers necessary for the purpose of the inquiry.
(6) At any stage of the inquiry, prior to the examination of the witnesses called by him the respondent may be permitted to amend or add to his written statement of defence.
(7) A diary form, in which should be briefly recorded the action taken at each stage of the inquiry, should be prefixed to the proceedings.
10. (1) At the conclusion of the inquiry, the Tribunal or the Judge of the District Court, as the case may be, shall record a find­ing, which shall be filed in the proceedings, and the proceedings shall then be submitted to the High Court in accordance with sub-section (2) of section 12 of the Act.
(2) In the finding, each of the charges framed shall be discussed and a distinct finding shall be recorded on each charge.
(3) In the case of an inquiry by a Tribunal, the finding shall be signed by each member thereof, and the members may, if not unanimous in opinion, record separate findings.
11. In cases of exceptional importance or difficulty, the Tri­bunal or the Judge of the District Court, as the ease may be, may apply to the High Court for the services of an Advocate to conduct the case against the respondent.
12. (1) A Tribunal or a Judge of a District Court, holding an inquiry under these rules, shall have power to enforce the attendance of respondents or witnesses and the production of documents, and to require the party on whose behalf witnesses ‘are summoned to de­posit the expenses of such witnesses before summoned are issued, and shall have all such other necessary powers for the purpose of such inquiry as are exercisable by a Civil Court under the Code of Civil procedure.
(2) (i) Witnesses shall be paid travelling and subsis­tence allowances at the rates laid down in sub-rule (3)of rule 2, Order XVI, Code of Civil Procedure.
(ii) Where the complaint is made by the Bar coun­cil or by a Court, or the case is referred by the High Court of its own motion, the expenses of witnesses called in Support of the allega­tions shall be paid by Government. Where the complaint is made by a private party, the expenses of such witnesses shall be deposited by such party.
(iii) The expenses of all witnesses called on behalf of the respondent shall be deposited by the respondent.
13. Copies of office-notes, reports and correspondence re­lating to the inquiry shall not be supplied to the respondent. He may be supplied with copies of the evidence, oral and documentary, re­corded at the preliminary inquiry, if any, on payment. He shall be entitled, free of charge, to a copy of the complaint or statement of the case initiating the proceedings, and to copies of the evidence recorded during the formal inquiry, and to a copy of the finding of the Tribunal or the District Court, as the case may be.

Admission and Enrolment of Pleaders.

7. The following rules relating to the qualifications, admis­sion and enrolment of persons to be Pleaders of Subordinate Courts and Revenue Offices in Burma, have been made by the High Court, Rangoon, under the powers conferred by clause (c) of sub-section (2) of section 28 of the Union Judiciary Act, 1948, and sections 6, 7 and 8 of the Legal Practitioners’ Act:-
1. These rules may be called the Pleaders’ Admission Rules, 1955. (0007) They shall come into force with effect from the 1st February 1955.

I. GRADES OF PLEADERS.

2. There shall be two Grades of Pleaders in the Subor­dinate Courts and Revenue Offices of Burma, namely:-
(a) Pleaders of the Higher Grade, who take out a certificate bearing a stamp of the value of Kyats 25. They shall be admitted to practise in all Civil and Criminal Courts subordinate to the High Court and all Revenue Offices subordinate to the Financial Commissioners.
(b) Pleaders, who take out a certificate bearing a stamp of the value of Kyats 15. They may be admitted to practise in all Criminal Courts sub­ordinate to the High Court, and in the Rangoon City Civil Court and in Sub-divisional and Township Courts and in Small Cause Courts and in all Revenue Offices, subordinate to the Deputy Commissioners: Provided that a Judge or an Additional Judge of the District Court or a Deputy Commissioner may, in his discretion, permit a Pleader enrolled under this clause to appear and act before him in any special case for reason to be recorded.
(c) The Hon’ble Judges may in their discretion per­mit a Pleader to practise in all Courts, subordi­nate to the High Court, Rangoon.

II. QUALIFICATIONS OF HIGHER GRADE PLEADERS.

3. No person who is not a Citizen of the Union of Burma, shall be admitted and enrolled as a Higher Grade Pleader.
4. An applicant must produce proof that he has passed -
(a) The Special (Law) Higher Standard Examination in Language. Burmese conducted by the Commissioner of Ex­amination, Burma; or
(b) The English High School or Anglo-Vernacular High School Examination with Burmese as second lan­guage;
(c) Any Examination in Burmese accepted by the Advocateship and Pleadership Examinations Board, Burma, as equivalent to (a) or (b) above:
Provided that proof of being qualified in Burmese may be dis­pensed with in the case of applicants who were admitted to the Pleadership Examinations in Burma on consideration of their five years’ practice as Pleaders under the proviso (a) to Rule 4 of the Advocateship and Pleadership Examination Rules, published in Ju­dicial Department Notification No. 327, dated the 19th November 1936, as subsequently amended:
Provided also that the Hon’ble Judges may, in their discretion, relax any of the requirements in Rule 4 of the Pleaders’ Admission Rules, 1955, when one or both parents of the applicant belong to one or more of the indigenous races of the Union of Burma.

5. Any applicant -
(i) must be either a Bachelor of Laws of the Rangoon University, or must have passed either the Advocateship Examination in Burma or the Pleadership Examination in Burma, and
(ii) after becoming so qualified must have read in the Chambers of a practising Advocate of the High Court, Rangoon, of not less than five years’ stand­ing for a continuous period of at least one year:
Provided that a student for the degree of Bachelor of Laws of the Rangoon University may commence such reading when he has passed his first examination in law for that degree: Those who have passed the first year examination of the Registered Lawyers’ Course (0008) may read as a chamber student.
Provided also that a Pleader who has continuously practised for at least five years prior to his having passed the Pleadership Exanimation shall be exempted from reading as required in clause (ii).
As soon as a Chamber student has arranged to read with an Advocate, he shall submit, if reading in Rangoon, to the D.G of the High Court and, if reading outside Rangoon, to the Judge of the District Court, a report countersigned by the Advocate with whom he has arranged to read, to the effect that he has commenced reading. On doing so he shall be registered as a candidate for admission as a Higher Grade Pleader and shall also be informed of the date from which he has been registered. The date of submission of such report shall he reckoned as the date of commencement of such reading.
With regard to his chamber reading, he shall keep a diary in Form IV annexed to these rules in which the initials of the Presiding Officer of the Court attended by him shall be obtained for each atten­dance. In the Supreme Court and in the High Court, the diary will be initialled by one of the 0. 0G. The Advocate, who has enter­tained a chamber student shall look at his student’s diary from time to time and to issue his certificate of the completion of chamber read­ing only after reference to such diary.
No student may engage in any other employment or occupa­tion during the period in which he is reading in the chambers of an Advocate.
An Advocate shall not entertain more than one such student for reading in his chambers without the sanction of the DO. of’ the High Court, which must be obtained for each additional candi­date.
The Hon’bel Judges may in their discretion relax any of the requirements of this rule in so far as they relate to a candidate read­ing in the chambers of an Advocate.
Note: A register of students who are doing chamber work is maintained in the High Court only and not in District Courts. Consequently when a report of commencement of chamber work by a student is presented to a District Judge, the latter shall file it in his Court and submit a copy of it to the High Court for registration after noting-thereon the date of the presentation of the report.

III. APPLICATION FOR ADMISSION AS A HIGHER GRADE PLEADER.

6. Application for admission as a Pleader of the Higher Grade shall be made to the D.G. of the High Court, either direct or through the Judge of the District Court of the district in which the applicant desires to prac­tise, by a letter requesting the Hon’ble Judges to admit the applicant to be a Pleader of the Higher Grade.

7. In the letter the applicant shall state -
(1) his name and residence in full;
(2) his father’s name, residence and occupation; (3) his age, nationality and place of birth;
(4) his previous occupation and career, setting out filly and particularly any incident in his life which might affect the decision on his application, or stating spe­cifically that there have been no such incidents, and
(5) the qualifications entitling him to admission under these rules.

With the application shall be forwarded -
(a) certificates showing the applicant’s qualification for ad­mission
(b) at least two testimonials of character from gazetted of­ficers of Government or non-official gentlemen of similar standing;
(c) a certificate from the Advocate with whom he has been reading setting out the period for which he has read ; and
(d) the stamp paper requisite for the certificate under sec­tion 25 of the Legal Practitioners’ Act.

8. There shall be issued to every person admitted as a Higher Certificate. Grade Pleader, a certificate in Form I, annexed to these rules, signed by the. D.G. of the High Court and specifying the grades of Courts and Revenue Offices in which such person is authorized to practise.

IV. PLEADERS.

9. Persons who have been admitted as Pleaders of the Third Grade under the Pleaders’ Admission Rules, 1925, or as Pleaders of the Lower Grade under the Pleaders’ Admission Rules, 1928, shall be entitled to admission as Pleaders, and to enrolment and renewal of their certificates under these rules. But no person who, prior to the date on which those Rules come into force has not been admitted or applied for admission as a Pleader shall be entitled to admission as a Pleader.

V. ENROLMENT.

10. Save as specially provided in Part VI of these rules, every Pleader holding a certificate is entitled to be enrolled in any Court mentioned therein. A Pleader is required, before he becomes entitled to practise, to apply for enrolment to the Judge of the District Court of the district in which he Intends to practise, and, unless the Judge of such District Court is aware of circumstances which render it in­expedient that he should be allowed to practise in the Courts of such district, he shall be so enrolled.
A. Pleader who has not been enrolled by the Judge of the District Court shall not be entitled to practise. In any case iii which enrolment refused, he reported to the High Court for final orders. In the case of Pleaders practising in Rangoon Town, application for enrolment shall be made to the Chief Judge of the Rangoon City Civil Court.
11. A Judge of a District Court or the Chief Judge. Rangoon City Civil Court, enrolling a Pleader under the last preceding rule shall intimate the fact of such enrolment to all Judges and Magis­trates of the district, in whose Courts the Pleader is entitled to prac­tise. He shall also report the fact of such enrollment to the D.G. of the High Court.
12. Whenever a Judge of a District Court. or the Chief Judge, Rangoon City Civil Court, enrolls a Pleader under Rule 10, he shall intimate the fact of such enrolment in the case of a Higher Grade pleader, to the Commissioner of the Division and to the Deputy Commissioner of the district and in the case of a Pleader to the Deputy Commissioner of the district, in which the Pleader intends to prac­tise.

VI. ADMISSION AND ENROLMENT OF PUBLIC SERVANT

13. A person holding a paid appointment under Government or under a Public Authority or an appointment as a Village Headman, who is otherwise qualified under Part II of these rules for admission may, notwithstanding anything contained in clause (ii) to Rule 5, be admitted as a Pleader but shall not be enrolled in any Court, except when he-
(a) is at (he time of his application for enrolment on leave, either pending retirement or having given an undertaking to resign on the expiry of his leave, and,’ if lie is a Government servant. produces the sanc­tion of the Local Government under Rule IS of the Government Servants’ Conduct Rules to his practis­ing as a Pleader during his leave, and
(b) has read in the chambers of a practising Advocate of the High Court, Rangoon. of’ not less than five years’ standing for a period of at least one year as required by clause (ii) to Rule 5:
Provided that in the case of persons who have held judicial office, the requirements of clause (b) may be relaxed at the discretion of the Hon’ble Judges.
Provided also that a Pleader who has continuously practised for at least five years prior to his having passed the Pleadership Ex­amination shall be exempted from reading required in clause (b) above.

14. (a) Persons admitted under- the terms of Rule 13 may be Exemption from renewing their certificates until such time as they become eligible for enrolment.
(b) Such certificates shall bear art endorsement in red ink stating that the holder is exempted from the necessity of renewing his certificate until such time as he ceases to be public servant or becomes eligible for enrol­lment under the provisions of Rule 13.
15. No Government servant, except a Magistrate, a Civil Judge, a police Prosecuting Officer, or a Director General / Director or Deputy Director of the High Court. may include any period during which he holds a Higher Grade Pleader’s certificate issued tinder these special provi­sions, in computing the period of three years’ practice required by Rule I (b) (i) or of’ five years’ practice required by Rule I (a) (i) of the Advocates’ Admission Rule, 1954. Similarly, a Magistrate, a Civil Judge, a Police Prosecuting Officer, or a Director— General, Director, or Deputy Director, of the High Court may include any period during which lie holds a Pleader’s certificate issued under these spe­cial provisions, in computing the period of live years’ practice re­quired to qualify for the concession set out in proviso (a) to Rule 4 of the Advocateship and leadership Examination Rules, and referred to in the proviso to Rule 4 above.
16. A Pleader who accepts a post tinder Government or under any Public Authority or a post of’ a Village Headman shah I give notice thereof immediately to the D.G. of the High Court, and his case shall thereafter be governed, mutatis mutandis. by the provisions of Rules 13 to 15 above.
17. The provisions of Part VI of these rules shall not apply to persons who hold a post of Public Prosecutor, or of Legal Adviser or Prosecutor to a Public Authority.

VII. RENEWAL OF CERTIFICATES

18. A Pleader who desires to parctise in the next succeeding calendar year shall, on or before the first day of October preceding that year, apply for the renewal of his certificate, and shall append to his application the certificate last issued to him and an impressed stamp of the kind and value prescribed in section 25 of the Legal Practitioners’ Act. If the appli­cant has accepted any appointment under Government or any Public Authority he shall specify’ the fact in his application, and the provi­sions of Rules 13 to 15 mutatis mutandis shall apply. An application presented after the date prescribed above may be accepted for good cause shown.

19. The application for renewal shall be made to the Judge of the District Court of the district in which the applicant ordinarily practises or has last ordinarily practised, and that Judge shall subject to the provisions of Rule 20 renew the certificate in one of the forms annexed and in accordance with section 7 of the Legal Practitioners’ Act, if he is satisfied as to the identity of the applicant. The Judge shall forthwith report the fact of renewal to the High Court:
Provided that in the case of a Pleader who has last practised in Rangoon Town the application may be made to the Chief Judge of the Rangoon City Civil Court:
And provided also that an application for renewal by a Pleader may be presented to the Judge of a Township or Sub-divisional Court, who shall forward it to the Judge of the District Court with a report as to the identity of the applicant with the person named in the cer­tificate produced by him.
20. If the District Judge, or the Chief Judge, Rangoon City Civil Court, authorized to renew certificates considers that the char­acter or conduct of any Pleader who has been ordinarily practising in the Court of the said District Judge, or Chief Judge, as the case may he, and who may apply for the renewal of his certificate under Rule 18, is such that his certificate should not be renewed, he shall for­ward the said application with a statement of and the grounds for his opinion to the High Court for orders, and the High Court shall pass thereon such orders as it thinks fit.

21. A Pleader who does not engage in actual practice, or who fails to get his certificate renewed, during a period of three successive years shall be liable to lose his right to a renewal and to be struck off the Register of Pleaders:
Provided that the Hon’ble Judges may at their discretion order the name of a Pleader whose name has been struck off under this rule to be restored in the Register of Pleaders when an application of the Pleader for such restoration, with full reasons satisfactory to the Hon’ble Judges, is made to the Registrar of the High Court, Ran­goon.

VIII. PLEADERS’ REGISTERS AND ROLLS.

22. The D.C. of the High Court shall maintain separate registers for each grade in Form III annexed to these rules, of the Pleaders to whom certificates of admission have been issued. Column 10 shall be left blank.
The registers shall be kept up-to-date by means of the reports of renewal submitted under Rule 19, by action under Rule 21, and by removing the names of Pleaders who are dead.
The registers, with the word “last” inserted before the word “re­newal” in the heading of column 9 and that of column 11 changed to “Initials of Judge” shall be printed once in three years. Copies shall be supplied to all Courts.

23. (a) When a Judge of a District Court enrols a Pleader under Rule 10, or a Judge or Magistrate receives intimation of an enrolment under Rule 11, the fact shall be noted against the name of the Pleader in column 10, and attested by the Judge or Magistrate in column 11, of the printed reg­ister, which will thus become a Roll of Pleaders entitled to appear, plead and act in the Courts of that district, or in that Court, as the case may be. Linden section 8 of the Legal Practitioners’ Act.
(b) Similarly when the D.G. of the High Court re­ceives a report of the enrolment of a Pleader under Rule 11, lie shall cause the necessary entries to be made in column 10 of the registers maintained iii the High Court, against the name of the Pleader, and by means of such entries the registers will become Rolls of Pleaders entitled to appear, plead and act, under section 8 of the Legal Practi­tioners’ Act, in the subordinate Courts of the State.
(c) As soon as the new printed copy of the register is received, all entries in column 10 of the old register against the names of Pleaders whose names also appear iii the new register shall he copied into the latter and attested.
It is not necessary for any Pleader to apply for re-enrolment on receipt of a renewed certificate.

IX. MISCELLANEOUS.

24. A Pleader who loses his certificate may obtain a fresh certificate from the D.G. of the High Court on satisfying the D.G. that the certificate has been lost.
The application for a fresh certificate shall be submitted to the Judge of the District Court or in Rangoon to the Chief Judge of the Rangoon City Civil Court, who shall transmit it to the Registrar with a report alter such enquiry as may be necessary. A certificate issued under this rule shall be written on a sheet bearing an impressed non-judicial stamp of the value of one Kyat, to be attached to the application.

X. SUSPENSION AND DISMISSALS.

25. All Judges and Magistrates are required to bring to the notice of the Judge of the District Court every case in which a Pleader is guilty of conduct, for which he is liable to be suspended or dismissed under the provisions of the Legal Practitioners’ Act.

26. Whenever a Magistrate convicts a Pleader on a crimina charge, he shall report the fact to the Judge of the Dist~ct Court, wh shalt submit a report setting forth the circumstances o~ the case to th High Court for action, if necessary, under section 12 of the Legal Practitioners’ Act.

27. Any person who, having been admitted as a Pleader, en­ters into or carries on any trade or other business shall give notice thereof in writing to the High Court who may suspend such Pleader from practice or pass such orders as the High Court may think fit.

28. (1) (i) “The Act” means the Legal Practitioners’ Act,
(ii) “Judge” includes a Magistrate or the Presiding Officer of a Revenue Office, and
(iii) “Court” includes a Revenue Office.
(2) (i) The High Court may, instead of holding an in­quiry under section 13 of the Act itself, direct the Judge of the Dis­trict Court in which the Pleader is enrolled to hold the inquiry on charges framed by the High Court.
(ii) Before taking action under section 14 of the Act, a Judge may, if he thinks fit, hold a preliminary inquiry into the alle­gations against the Pleader.
(iii) At the preliminary inquiry, if any, witnesses should be examined, documentary evidence collected and all materi­als necessary in support of or relevant to the allegations should be obtained.
(iv) The attendance of the respondent at the preliminary inquiry is unnecessary, but if be is present he may be asked by the Judge any questions which are considered necessary for the pur­pose of elucidating the facts. The respondent shall not, in the preliminary inquiry, be permitted to cross-examine the witnesses, or to call any evidence.
(v) At the conclusion of the preliminary inquiry, if any, the Judge shall either record a finding that no case for action against the respondent has been made out, or frame formal charges against the respondent and proceed under section 14 of the Act.
(vi) If no preliminary inquiry Is held, charges shall forthwith be framed and an inquiry held under section 14.
(3) (i) The charges so framed shall set out specifically and in sufficient detail to make the respondent aware of the nature o the case against him, the allegations concerning which it is decided to hold an inquiry. Each separate allegation should be made the basis of a separate charge and the charge should end by calling upon the respondent to show cause why he should not be struck off the Register of Pleaders or suspended from practice, or otherwise punished.
(ii)A copy of the charges shall be served on respondent and he shall be required to enter his defence in writing by a date to be fixed.
(iii) The charges may be amended at any stage the inquiry provided that the respondent is given due notice of .1 such amendments and is given the opportunity of recalling and fur ther cross-examining any witnesses examined prior to the amendment.
(4) (i) On receipt of the respondent’s written statement of his defence, a date shall be fixed for proceeding with the inquiry on which date the respondent and the witnesses in support of charges shall be ordered to attend.
(ii) On the date so fixed or any subsequent date which the inquiry may be adjourned, the inquiry shall be opened by brief statement of the case against the respondent, the Judge the charges framed against the respondent and the respondent’s written statement of the defence thereto. The witnesses in support of charges shall be then examined.
(iii) The respondent shall have the right to be represented by an Advocate or Pleader and the inquiry shall be held in presence or in the presence of his Advocate or Pleader. He shall ha the right to cross-examine all witnesses examined in support of charges.
(iv) All witnesses whom the respondent desires to produce in his defence shall be examined after the witnesses in sup-, port of the charges have been examined, and reasonable time shall be allowed to the respondent in which to procure the attendance of such witnesses.
(v) The statements of all witnesses examined shall be recorded in writing.
(vi) The respondent may, at any stage of the inquiry, be asked by the Judge any questions which he considers necessary for the purpose of the inquiry.
(vii) At any stage of the inquiry prior to the exami­nation of the witnesses called by him, the respondent shall be per­mitted if he so desires to amend or add to his written statement of defence.
(viii) A diary form, in which should be briefly re­corded the action taken at such stage of the inquiry, shall be prefixed to the proceedings.
(5) (i) At the conclusion of the inquiry the Judge shall record a finding which shall be filed in the proceedings. In the find­ing each of the charges framed shall be discussed and a distinct find­ing shall be recorded on each charge, and the Judge shall make such recommendations as he think fit regarding the action if any, to be taken against the respondent.
(ii) The Judge shall then submit the proceedings to the High Court. If the Judge is not the District and Sessions Judge himself, the proceedings shall be submitted through the District and Sessions Court.
(6) (i) Witnesses shall be paid travelling and subsist­ence allowances at the rates laid down in sub-rule (3) of Rule 2, Or­der XVI, Code of Civil Procedure.
(ii) If the inquiry is held on complaint made by pri­vate party the expenses of all witnesses called in support ofthec7harges shall be deposited by such party. In all other cases the expenses of such witnesses shall be paid by Government.
(iii) The expenses of all witnesses called on behalf )f the respondent shall be paid by the respondent, and a sum sufficient to cover their expenses shall be deposited by him with the bail­iff the Court before they are summoned.
(7) Copies of office notes, reports and correspondence relating to the inquiry shall not be supplied to the respondent. He may be supplied with copies of the evidence, oral and documentary, recorded at the preliminamy inquity, if any, on payment. He shall be entitled, free of charge, to a copy of the complaint or statement of the case initiating the proceedings and to copies of evidence recorded during the formal inquiry, and to a copy of the finding.

Advocate’ Fees.

8. The following rules have been made under section 16 of teh Bur Council Act, to regulate the sums to be allowed as costs on account of Advocate’ fees upon all proceedings in teh High Court and Civil Courts subordinate therto (0009):-

Rules.

1. The sums to be entered in the decrees of the Courts tin­der the denomination of costs, as payable between party and party, on account of fees of Advocates shall, unless the Court decrees other­wise in its judgment, be calculated at the following rates:—
If the amount or value of the property, debt or damages
claimed -
(i) shall not exceed K 5,000 at 6 per cent, on the amount or value claimed;
(ii) shall exceed K 5,000 but not exceed K 20,000 at 6 per cent, on K 5,000 and 3 per cent, on the remain­der;
(iii) shall exceed K 20,000, but shall not exceed K 50,000, on K 20,000 as in sub-rule (ii) above and 1 ½ percent, on the remainder;
(iv) shall exceed K 50,000, on K 50,000 as in sub – rule (iii) above and 1 per cent, on the remainder:

Provided that —
(a) in no case shall the amount of any fee calculated under this rule exceed K 4,500;
(b) in cases undefended a fee not exceeding half only of the fee calculated at the above rates shall be allowed.

[Note: Suits in which defendants have filed written statements shall be deemed to be contested suits and, unless otherwise ordered by a Judge, fees shall be allowed at the prescribed rates though the de­fendants may subsequently withdraw their defence.]
(c) the amount entered as payable on account of fee to an Advocate shall not be less than:-
(d) The Court may if it is of opinion that a defence is false or vexatious, or has been filed merely with a view to gaining Ii me, award to the plaintiff such further costs as the Court thinks fit, in addition to any fee calculated under this rule.

2. In declaratory suits in which no consequential relief is claimed, and in other suits where it is not possible to estimate at a money value the subject-matter in dispute, in miscellaneous proceed­ings, in execution proceedings and in interlocutory applications other than those of a routine or formal character, the amount to be awarded on account of the Advocate’s fee shall be fixed by the Court at its discretion on the following scale :-

(a) that in non-contested execution or miscellaneous, proceedings and in interlocutory applications the mini­mum fee shall be awarded;
(b) that costs of interlocutory applications of a formal or routine character, e.g., application for an order requiring an affidavit of documents or for transmit­ting process for service to another Court shall not be allowed.

3. If, in the opinion of the Court, the questions in issue in any case are such that the labour or skill of the Advocate would be inadequately remunerated by a fee fixed tinder rule 1 or rule 2, the Court may, for reasons to be recorded in its judgment, apply in the place of the scale laid down in rule 1 or rule 2 , the scale specified below in determining the amount payable oti account of the Advocate’s fee: -
In contested cases, the effective hearing of which occupies more than one full working day, a fee not exceeding the above, as the Court in its discretion shall direct, shall be payable for each subsequent day after the first. This fee shall be in addition to the fee calculated under rule I or rule 2 or under the first paragraph of this rule.
4. When the hearing of a suit is adjourned under Order XV II. Rule 1, of the Code of Civil Procedure, the Court may include among the costs occasioned by the adjournment, to be paid by the party applying for time, as Advocate’s fee any sum not exceeding:­- (0010)
5. In a case where there are several defendants not than one Advocate’s fees shall be allowed except -
(a) where a separate defence is set up by a defendant who has a separate interest;
(b) where for special reasons (to be recorded in the judg­ment or order) the Judge consider the award of to more than one defendant’s Advocate to be just or reasonable.

6. (i) In contested cases coming before the High Court the exercise of its Original Civil Jurisdiction, unless the Court other­wise directs, fees shall be allowed for two Advocates actually em­ployed by a party; and in cases of special difficulty or complexity the Court may certify for three Advocates actually employed by a party in the conduct of the case.
(ii) In contested cases coming before Courts Subordinate to the High Court, the Court may, on account of the difficulty complexity of the case, in its discretion allow fees to two actually employed by a party:
Provided that unless the Court otherwise directs in either no fee for a junior Advocate shall be allowed when the employed are in partnership with one another.
Where fees are allowed to two Advocates, a fee of two-thirds of that allowed to the senior according to the scales shall be allowed to the junior.
7. An advocate employed in a case before any Commissioner or at any arbitration in references made by a Court, shall be allowed fees, at the discretion of the Court, not exceeding K 51 for the first hour or part of an hour of each effective sitting, and K 17 for each succeeding half-hour or part thereof after the first hour of each effective sitting.
8. For the purposes of these rules the valuation of suits and appeals shall be determined according to the rules laid down in the Court Fees Act:
Provided that in cases falling within section 7, sub-sections (v), (vi), (ix) and (x) (d), of the said Act the value of property shall be taken.
9. The Court or, in the case of the High Court, the Taxing Officer is empowered to call for a certificate from the Advocate appearing for a party in any cause or matter that he has not received as his fees or remuneration a sum less than the costs allowable on taxa­tion under these rules. If it should appear on any such certificate that the Advocate has received less than the amount of costs allowable on taxation the Court or the Taxing Officer, as the case may be, shall not certify a sum in excess of what has been actually paid.

Pleaders’ Fees.

9. The following rules have been made under section 27 of the Legal Practitioners’ Act to regulate the sums to be allowed as costs on account of Pleaders’ fees upon all proceedings in Civil Courts subordinate to the High Court (0011)

Rules.

1. The sums to be entered in the decrees for the Courts un­der the denomination of costs, as payable between party and party, on account of fees of Pleaders shall, unless the Court decrees other­wise in its judgment, be calculated at the following rates:-
If the amount or value of the property, debt or damages claimed­;
(i) shall not exceed K 5,000, at 6 per cent., on the amount or value claimed;
(ii) shall exceed K 5,000 but shall not exceed K 20,000, at 6 percent, on K 5,000 and 3 per cent, on the re­mainder,
(iii) shall exceed K 20,000 but shall not exceed K 50,000, on K 20,000 as in sub-rule (ii) above and 1½ per I cent. on the remainder;
(iv) shall exceed K 50,000, on K 50,000 as ~n sub-rule (iii) above and 1 per cent, on the remainder.

Provided that -
(a) in no case shall the amount of any fee calculated under this rule exceed K 3,000;
(b) in cases undefended a fee not exceeding half only of the fee calculated at the above rates shall be allowed; [Note: Suits in which defendants have filed written statements shall be deemed to be contested suits and, unless otherwise ordered by a Judge, fees shall be allowed at the prescribed rates thoi~gh the de­fendants may subsequently withdraw their defence.]
(c) the amount entered as payable on account of fee to­
(d) the Court may if it is of opinion that a defence is false or vexatious, or has been filed merely with a view to gaining time, award to the plaintiff such fur­ther costs as the Court thinks fit, in addition to any fee calculated under this rule.
2. In declaratory suits in which no consequential relief is claimed, and in other suits where it is not possible to estimate at a money value the subject-matter in dispute, in miscellaneous proceed­ings, in execution proceedings and in interlocutory applications other than those of a routine or formal character, the amount to be awarded on account of the Pleader’s fee shall be fixed by the Court at its dis­cretion on the scale set out below:-­

Provided -

(a) that in non-contested execution or miscellaneous proceedings and in interlocutory applications the minimum fee shall be awarded;

(b) that costs of interlocutory applications of a formal or routine character, e.g., application for an order requiring an affida­vit of documents or for transmitting process for service to another Court, shall not be allowed.
3. If, in the opinion of the Court, the questions in issue in any case are such that the labour or skill of the Pleader would l,.i inadequately remunerated by a fee fixed under rule 1 or rule 2, the Court may, for reasons to be recorded in its judgment, apply in the place of the scale laid down in rule 1 or rule 2 the scale specified below in determining the amount payable on account of the Pleader’s fee:-

In contested cases, the effective hearing of which occupies mo than one full working day, a fee not exceeding the above, as the Co in its discretion shall direct, shall be payable for each subsequent da after the first. This fee shall be in addition to the fee calculated und rule I or rule 2 or under the first paragraph of this rule. (0012)
4. When the hearing of a suit is adjourned under Order XVII, Rule 1, of the Code of Civil Procedure, the Court may include among, the costs occasioned by the adjournment, to be paid by the party applying for time, Pleader’s fee at the following scale:-
5. In a case where there are several defendants not than one Pleader’s fee shall be allowed except:-
(a) where a separate defence is set up by a defendant who has a separate interest;
(b) where for special reasons (to be recorded in the judgment or order) the Judge considers the award of fees to more than one defendant’s Pleader to be just or reasonable.
6. In contested cases the Court may, on account of the difficulty or complexity of the case, in its discretion allow fees to two Pleaders actually employed by a party, provided that no fee for a junior Pleader shall be allowed when the Pleaders employed are in partnership with one another. Where fees are allowed to two P1eaders, a fee of two-thirds of that allowed to the senior according to the scales shall be allowed to the junior.
7. A Pleader employed in a case before any Commission, or at any arbitration in references made by a Court shall be allowed fees at the ‘liscretion of the Court, not exceeding:-
8. For the purpose of these rules the valuation of suits and appeal shall be determined according to the rules laid down in the Court Fees Act: Provided that in cases falling within section 7, sub­sections (v), (vi), (ix) and (x) (d), of the said Act the value of the property shall be taken.
9. The Court is empowered to call for a certificate from the Pleader appearing for a party in any cause or matter that he has not received as his fees or remuneration a sum less than the costs allow­able on taxation under these rules. If it should appear on any such certificate that the pleader has received less than the amount of custs allowable on taxation the Court shall not certify a sum in excess of what has been actually paid.

Dress of Advocates and Pleaders.

10. The following rules regulate the dress to be worn by Advocates and Pleaders of the Higher Grade when appearing before District and Sessions Courts or before the Judges of the Rangoon City Civil Court (0013):-
(1) Advocates of the High Court, Rangoon, shall wear a black gown cut after the pattern of the Cambridge B.A. gown over a black coat and, unless the coat is worn closed, a black waist-coat or kummerband; provided that Advocates who are Barristers-at-Law may wear their Barristers’ robes. All Advocates shall wear bands.
(2) Pleaders of the Higher Grade shall wear a dark green gown cut after the pattern of the Cambridge B.A. gown over a black coat and, unless the coat is worn closed, a black waist-coat or kummerband. Pleaders shall not wear bands.
(3) It is not the practice to require Advocates or Plead­ers to wear gowns in Courts other than those aforesaid.
11. All Advocates and Pleaders who set out in Burmese their professional status on signboards, letter headings, etc., are required to use the authorised Burmese equivalents of their designation in English, and no others. These are:-
(1) Advocate of the High Court - w&m;&Hk;csKyfa&S@ae
(2) Pleader of the Higher Grade - txufwef;a&S@ae
(3) Pleader - a&S@ae
Provided that Advocates who are Barristers may at their elec­tion describe themselves in Burmese as v$wfawmfa&S@ae}uD;? 0wfvHkawmf&a&S@ae? which is the equivalent in Burmese of the expression ‘Advocate of the High Court - Barrister-at-Law.’

CHAPTER II.
Petition Writers. (*)

12. The following rules declaring what persons shall be per­mitted to practise as petition-writers in the Courts in the Union of Burma, regulating the conduct of business of persons so practising. and determining the authority by which breaches of the rules shall be tried, have been made under section 25, sub-section (1), clause (a) of the Courts Act, 1950 (**):-

General

(1) No official of any Court and no person employed about any Court, whether as clerk, copyist or peon or in any other capacity, shall write petitions.
Note: A stamp-vendor is not a person employed about a Court.
(2) No person shall write for hire any petition to be pre­sented to any Court unless he -
(i) is a citizen of the Union of Burma, and
(ii) is duly licensed under these rules by the Judge of the District Court of the district wherein he resides, or
(iii) is a legal practitioner, or
(iv) is a clerk to a legal practitioner and writes the petition in the course of such employment.

(*) Notification No. 4 (General), dated the 20th October 1954.
(**) The Supreme Court provided the instructions in relating to peti­tion-writers. (Direction No. 1/98).

(3) No Court shall receive or act on any petition pre­sented to it by any person other than a legal practitioner unless such petition is signed by a legal practitioner or is written and signed at the foot -
(a) by the petitioner himself, or
(b) by a friend of the petitioner who has received no hire in respect thereof and who is not a clerk to a legal practitioner, or
(c) by a petition-writer duly licensed under these rules.
(4) Rules (2) and (3) shall not apply to petitions pre­sented to a Judge or Magistrate on tour at places where there is no licensed petition-writer practising.
(5) When a petition is not written by a petition-writer known to it the Court shall satisfy itself, so far may be, that it has not been written by a person practising in contravention of these rules.
(6) A Court shall not refuse to accept a petition pre­sented by a person who does not reside within the jurisdiction of the Court merely because the petition is written by a petition-writer not licensed for that jurisdiction: provided that the Court is satisfied that the writer is qualified to write the petition in the district within which the person presenting it resides, and provided also that the petition is properly written in the language of the Court.
(7) Every petition written by a petition-writer shall be written on one side only of stout paper of foolscap size, with a blank margin of a quarter of the breadth on the left hand side, and shall be endorsed by him with his name and the number of his license, the date and the amount of the fee paid.
(8) No petition-writer shall ask or take any fee, contin­gent or otherwise beyond the fee endorsed on the petition and he shall give a receipt for every fee paid.
(9) The Judge of the District Court may, if he thinks fit, from time to time fix for each Court the tariff of charges for writing petitions of a simple, ordinary or routine character, and, where a tar­iff has been framed, no petition-writer shall for such petitions ask or accept a fee in excess of the tariff. For writing other petitions each petition-writer may make his own terms with the petitioner provided that they are moderate and reasonable. If any petition-writer asks or accepts any fee in excess of the tariff or any immoderate or unreason­able fee for a petition of a class for which a tariff does not provide, the Judge may, on complaint by the petitioner, in his discretion, order reduction or return of the fee, or may withdraw the license.
(10) Any petition-writer who writes a petition, etc., for any person who does not understand the language in which it is. writ­ten shall fully and truly explain to such person the meaning and ef­fect of all that is written in the petition.
(11) Facilities should be provided at the Court for peti­tion-writer to practise their vocation with convenience to themselves and the public.
(12) The operation of all or any of these rules may be deferred or suspended by order of the High Court in any district or portion of a district, and by order of the Judge of the District Court in any Court subordinate to his Court, for such time as he may see fit.
Additional Rules for Rangoon.

(13) The duties imposed by these rules on the- Judge of the District Court shall, in regard to the Courts of the Rangoon Town District, be discharged by the District Magistrate, Rangoon Town District. and within such limits rules (4), (11), (12), (16) shall not apply.
(14) Every petition-writer licensed by the District Mag­istrate, Rangoon Town District, shall keep a book in which he shall enter in the English language, or in the language of the Court, a short statement of the substance of every petition or other document which he may be called upon to write for presentation in a’ Court, the date on which it is to be presented, the name of the person for. whom he writes it, and when a stamp is used, the name of the person who bought and sold the stamp-paper on which it is written and the date on which the stamp-paper was sold.
(15) The book so kept may be called for by the Court at any time, and any licensed petition-writer failing to produce his book when called upon by the Court to do so shall be liable to have his license revoked.
Licenses.
(16)In consultation with the Deputy Commissioner the Judge of the District Court may determine the number of licenses to be granted for the District and for each Court in it.
(17)A license shall bold good to the end of the calendar year in which it is issued and till the end of each succeeding year for which it may be extended by endorsement, which should ordinarily be made in the month of December. A petitioner-writer is not en­titled to an extension of license as a matter of course. The Judge of the District Court shall have the same discretion as to granting or refusing an extension as he has with respect to the original issue of a license.
(18) Any person who desires to be licensed as a petition-writer shall apply by petition to the Judge of the District Court or to any subordinate Judge for transmission to the Judge of the District Court, and shall state the names of the Courts in which be proposes ordinarily to practise. The Judge shall satisfy himself that the appli­cant is of good character and that he can write in a legible hand in the language of the Court, and that he can express himself in clear, con­cise language. The Judge may, at his discretion, grant or refuse the license. No license shall be granted under this rule to any person who is a clerk to a legal practitioner.
(19) The license shall be in the following form:- Petition-writer’s License No. (link to p.44)
(20) Every license issued tinder rule (1 8) shall be entered in serial order in a register kept in the following form:- Register of Petition-writers. (link to p.45)
(21)The Judge of the District Court may withdraw a li­cense for good cause at any time after giving the petition-writer an opportunity to show cause against such order. The reasons for such withdrawal shall be recorded by the Judge to enable the High Court to exercise due control in the matter.
(22) When a petition—writer’s license is withdrawn he shall surrender it to the Judge of the District Court.
Penalty.

(23) Breaches of any of the foregoing rules shall be triable by the Judge of the District Court or the District Magistrate, Rangoon Town District, within whose jurisdiction the petition was written.

Revision.
(24) There shall be no appeal against any order passed under these rules, but the High Court in any case which comes to its notice may pass such order as it thinks fit.

Instructions to he followed by Petition - writers (*)

12 A (I) In exercise of the power conferred by Section 20 of the Myanmar Judiciary Law. the Supreme Court has issued the following instructions with regard to the issue of license as Petition-writers to practise in all the courts in Myanmar. to supervise and control the Pet it ion-writers and make enquiries as to the breach of these instructions and 10 take action against Petit ion-writers them.
(2) Rules regarding the issue of licence to practise as Petit-ion—writer in all the courts. and framing of rules to be followed by Petition-writer and the taking action for the breach of the rules have been prescribed in paragraph 12 of the Myanmar Courts Manual (Third Edition). The said rules should he followed in issuing Petition-writer ‘s license. supervising, controlling and taking action against Petition-writers, and revocation of license of Petition-writers.
(3) It is hereby instructed to abide by the following instructions in accordance with the rules:­
(a) Issue of Petition -writer’s licence. The State or Divisional Judges, after consultation with the Township Judges in his State or Division as to the number of’ Petition-writers in each court and vetting the applications in accordance with the rules. shall issue Petition-writers licence.
(b) Fixation of the rate of Petition-writers fees. The State or Divisional Judge shall fix the rate of Petition-writers fees from time to time and shall publish these rates for public notice.
(C) Supervision . the State or Divisional Judge shall supervise Petition-writers, in accordance with the rules as contained in Paragraph 1 2 of the Myanmar Court Manual, through the Township Judge concerned.
(d) Taking Action. The State or Divisional Judge s hail revoke the licence of the Petition-writer who breaches the rule in accordance with the rules.

(*) See Instructions ( directives ) No. 1 / 89 of the Supreme Court

The Penal Code

(INDIA ACT XLV. 1860) (1st May. 1861)

CHAPTER I
INTRODUCTION

1. * * *
2. Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, which he shall be guilty within the Union of Burma.
3. Any person liable, by any law in force in the Union of Burma, to be tried for an offence committed beyond the limits of the Union of Burma shall be death with according to the provi­sions of this Code for any act committed beyond the Union of Burma in the same manner as if such act had been committed within the Union of Burma.
4. The provisions of this Code apply also to any offence committed by (any citizen of the Union wherever he may be)1.
Explanation- In this section the word "offence" includes every act committed outside the Union of Burma which, if com­mitted in the Union of Burma, would be punishable under this Code.
5. Nothing in this Code is intended to affect any Act for punishing officers, soldiers, sailors or airmen in the, service of (the Government) or any special or local law.
.................................................................
* Substituted by the Union of Burma (Adaptation of Laws) Order, 1948,

CHAPTER II
GENERAL EXPLANATIONS

6. Throughout this Code every definition of an offence, penal provision, and every illustration of every such definition of penal provision, shall be understood subject to the exceptions contain in the chapter entitled "General Exception," though those exceptions are not repeated in such definition, penal provision or illustration.
Illustration
(a) The sections in this Code, which contain definitions of offences, do not express that a child under seven years of age cannot commit such of-fences; but the definitions are to be understood subject to the general excep­tion which provides that nothing shall be an offence which is done by a child under seven years of age.
(b) A a police officer, without warrant, apprehends Z who has committed murder. Here A is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that "nothing is an offence which is done by a person who is bound by law to do it."
7. Every expression which is explained in any part of this Code is used in every part of this Code in conformity with the explanation.
8. The pronoun "he" and is derivatives are used of any per­son, whether male or female.
9. Unless the contrary appears from the context, words im­porting the singular number include the plural number, and words importing the plural number include the singular number.
.............................................................................
Substituted by the Union of Burma (Adaptation of Laws) Order, 1948. Omitted ibid.
10. The word "man" denotes a male human being of any age the word "woman" denotes a female human being of any age.
11. The word "person" includes any company or associa­tion, or body of persons, whether incorporated or not.
12. The word "public" includes any class of the public or any community
13. * * * *
14. The words "servant of the Government" include all of­ficers or servants continued, appointed or employed under the authority of the Constitution, or by or under the authority of the President of the Union.
15-16. * * *
17. The word "Government" denotes the person or persons authorized by law to administer executive government in any part of the Union of Burma
18. * * * *
19. The word "Judge" denotes not only every person who is officially designated as a Judge, but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or
who is one of a body of persons, which body of persons is empowered by law to give such a judgment.
Illustrations
(a) A Collector exercising jurisdiction in a suit under Act X of 18593 is a judge.
(b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a judge.
(c) * * * *
(d) A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another Court is not a Judge.
20. The words "Court of Justice" denote a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body when such Judge or body or judges is acting Judicially.
21. The words "public servant" denote a person falling under any of the descriptions hereinafter following namely
First. -- Every covenanted servant of the Government:
4Second. -- Every commissioned Officer in the Military, Na­val or Air Forces of the State:
......................................................................
I Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.
2 See also s. 263 A (4) infra.
3 The Bengal Rent Act, 1859.
4 Amended by the Union of Burma (Adaptation of Laws) Order, 1948.
Third.-- Every Judge:
Fourth.-- Every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court: and every person specially authorized by a Court of Justice to perform any of such duties:
Fifth. -- Every juryman, assessor, or member of a village com­mittee assisting a Court of Justice or public servant;
Sixth.-- Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority:
Seventh.-- Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
......................................................................
1 Added by the Union of Burma (Adaptation of Laws) Order, 1948.
Eighth.-- Every officer of Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;
Ninth.-- Every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of Govern­ment, of to make any survey, assessment or contract on behalf of Government, or to execute any revenue-process, or to investi­gate, or to report, on any matter affecting the pecuniary interests of Government, or to make, authenticate or keep any document relating to the pecuniary interests of Government, or to prevent the infraction of any law for the protection of the pecuniary in­terests of Government, and every officer itt the service or pay of the Government or remunerated by fees or commission for the performance of any public duty (or every member of the Gov­ernment);
Tenth.-- Every officer whose duty it is, as such officer, to take, receive keep or expend any property, to make any survey or assessment, or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;
Eleventh.-- Every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election.
Illustration
A Municipal Commissioner is a public servant.
Explanation I.--Persons falling under any of the above de­scriptions are public servants, whether appointed by the Gov­ernment or not
..........................................................................
1 Added by the Union of Burma (Adaptation of Laws) Order, 1948.
Explanation 2.-- Wherever the words "public servant" occur, they shall be understood of every person who is in actual pos­session of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.
Explanation 3.-- The word "election" means the selection, by any method which is by law prescribed as by election, of any person as a member or officer of or to any office in the Union Parliament or any municipal or other public authority.
22. The words "moveable property" are intended to include corporeal property or every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.
23. "Wrongful gain" is gain by unlawful means of property to which the person gaining is not legally entitled.
"Wrongful loss" is the loss by unlawful means of property to which the person losing it is legally entitled.
A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrong­fully kept out of any property, at well as when such person is wrongfully deprived of property.
24. Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing "dishonestly."
25. A person is said to do a thing "fraudulently" if he does that thing with intent to defraud but not otherwise.
26. A person is said to have "reason to believe" a thing if he has sufficient cause to believe that thing but not otherwise.
Explanation.-- A person employed temporarily or on a par­ticular occasion in the capacity of a clerk or servant is a clerk or servant within the meaning of this section.
27. When property is in the possession of a person's wife, clerk or servant, on account of that person, it is that person's possession within the meaning of this Code.
28. A person is said to "counterfeit" who causes one thing to resemble another thing, intending by means of that resem­blance to practise deception or knowing it to be likely that de­ception will thereby be practised.
Explanation. 1.-- It is not essential to counterfeiting that the imitation should be exact.
Explanation. 2.-- When a person causes one thing to re­semble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the con­trary is proved, that the person so causing the one thing to re­semble the other thing intended by means of that resemblance to practise deception or knew it to be likely deception would thereby be practised.
29. The word "document" denotes any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.
Explanation. 1 -~ It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not.
Illustrations
A writing expressing the ‘terms of a contract, which may be used as evidence of the contract, is a document,
A cheque upon a banker is• a document.
A power-of-attorney is a document.
A map or plan, which is intended to be used which or which may be used as evidence, is a document.
A writing containing directions or instructions is a document.
Explanation. 2.-- Whatever is expressed by means of let­ters, figures or marks, as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section although the same may not be actually expressed.
Illustration
A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and must be construed in the same manner as if the words ‘pay to the holder" or words to that effect had been written over the signature.
30. The words "valuable security" denote a document which is, or purports to be, a document whereby any legal right is cre­ated, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.
Illustration
A writes his name on the back of a bill of exchange. As effect of his endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a "valuable security.
31. The words" a will" denote any testamentary document.
32. In every part of this Code, except where a contrary in­tention appears from the context, words which refer to acts done extend also to illegal omissions.
33. The word "act" denotes as well a series of acts as a single act the word "omission" denotes as well a series of omis­sions as a single omission.
34. When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
35. Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone, with that knowl­edge or intention.
36. Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission is an offence, it is to be understood that the causing or that effect partly by an act and partly by an omission is the same offence.
Illustration
A intentionally causes Z's death, partly by illegally omitting to give Z food, and partly by beating Z A has committed murder.
37. When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that of­fence by doing any one of those acts, either singly or jointly with any other person, commits that offence.
Illustrations
(a) A and B agree to murder Z by severally and at different times giv­ing him small doses of posion. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects of the several doses of poison so administered to him. Here A and B intentionally co-operate in the commission of murder and as each of them does an act by which the death is caused they are both guilty of the offence though their acts are separate.
(b) A and B are joint jailors, and as such have the charge of Z, a pris­oner, alternately for six hours at a time. A and B, intending to cause Z's death, knowingly co-operate m causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose, Z dies of hunger. Both A and B are guilty of the murder of Z.
(c) A, jailor, has the charge of Z, a prisoner. A, intending to cause Z's death, illegally omits to supply Z with food ; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or co-operation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z's death. Z dies of hunger. B is guilty of murder, but, as A did not co-operate with B, A is guilty only of an attempt to commit murder.
38. Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act.
Illustration
A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z's death, B is guilty of murder, and A is guilty only of culpable homicide.
39. A person is said to cause an effect "voluntarily" when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.
A sets fire, by night, to an inhabited house in a large town, for the purpose of facilirating robbery and thus causes the death of a person. Here, A May not have intended to cause death, and may even be sorry that death has been caused by his act ; yet, if he knew that he was likely to cause death, he has caused death voluntarily.
40. Except in the chapters and sections mentioned in clauses
2 and 3 of this section, the word "offence" denotes a thing made punishable by this Code.
In Chapter IV, Chapter VA, and in the following sections, namely, section 64, 65, 66, 67, 71, 109,110,112,114,115,116,117, 187, 194,195,203,211,213,214,221,222,223,224,225,327, 329, 330, 331, 347, 348, 388, 389 and 445, the word "of­fence" denotes a thing punishable under this Code, or under any special or local law as hereinafter defined.
And in sections 141,176, 177, 201, 202, 212, 216 and 441 the word "offence has the same meaning when the thing punish­able tinder the special or local law is punishable under such law with imprisonment for a term of six months or upwards whether with or without fine.
41. A "special law" is a law applicable to a particular sub­ject.
42. A "local law" is a law applicable only to a particular part of the Union of Burman.
43. The word "illegal" is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action and a person is said to be "legally bound to do" whatever it is illegal in him to omit.
44. The word "injury" denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.
45. The word "life" denotes the death of a human being, unless contrary from the context.
46. The word "death" denotes the death of a human being, unless the contrary appears from the context.
47. The word "animal" denotes any living creature, other than a human being.
48. The word "vessel" denotes anything made for the con­veyance by water of human being or of property.
49. Wherever the word "year" or the word "month" is used, it is to be understood that the year or the month is to be reckoned according to the British calendar.
50. * * *
51. The word "oath" includes a solemn affirmation substi­tuted by law, for an oath, and any declaration required or autho­rized by law to be made before a public servant or to be used for the purpose of proof, whether in a Court of Justice or not.
52. Nothing is said to be done or believed in "good faith" which is done or believed without due care and attention.
152A. Except in section 130 and in section 157 in the case in which the harbour is given by the wife or husband of the per­son harboured, the word ‘harbour' includes supplying a person with shelter, food, drink, money, clothes, anus, ammunition or means of conveyance, or the assisting of a person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension.

CHAPTER III
OF PUNISHMENTS

53. The punishments to which offenders are liable under the provisions or this Code are :--
First.-- Death;
Secondly.-- Transportation;
2[* * *]
Fourthly. -- Imprisonment, which is of two descriptions, namely
(1) Rigorous, that is, with hard labour:
(2) Simple;
2[* * *]
Sixthly.-- Fine.
54. In every case in which sentence of death shall have been passed, the President of the Union may, without the consent of the offender, commute the punishment for any other punishment provided by this Code.
55. In every case in which sentence of transportation for ­life shall have been passed, the President of the Union may, without the consent of the offender commute the punishment for imprisonment of either description for a term not exceeding four-teen years.
356.* * *
........................................................
1 Inserted by Act, XX, 1950.
2 Clauses "Thirdly--Penal Servitude ; and "Fifthly.-- Forfeiture of Property ; were omitted by the Union of Burma ( Adaptation of Laws) Order, 1948.
3 Omitted-ibid
57. In calculating fractions of terms of punishment, trans­portation for life shall be reckoned as equivalent to transporta­tion for twenty years.
58. In every case in which a sentence of transportation is passed, the offender, until he is transported, shall be dealt with in the same manner as if sentenced to rigorous imprisonment, and shall be held to have been under- going his sentence of trans­portation during the term of his imprisonment.
59. In every case in which an offender is punishable with imprisonment for a term of seven years or upwards, it shall be competent to the Court which sentences such offender, instead of awarding sentence of imprisonment, to sentence the offender to transportation for a term not less than seven years, and not exceeding the term for which by this Code such offender is li­able to imprisonment.
60. In every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple.
61-62.* * * *
63. Where no sum is expressed to which a fine may ex­tend, the amount of fine to which the offender is liable is unlim­ited, but shall not be excessive.
64. In every case of an offence punishable with imprison­ment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment.
and in every case of an offence punishable with imprison­ment or fine, or with fine only, in which the offender is sen­tenced to a fine, it shall be competent to the Court which sentences such of­fender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.
65. The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth or the term imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.
66. The imprisonment which the Court imposes in default of payment of a fine may be of any description to which the offender might have been sentenced for the offence.
67. If the offence be punishable with fine only, the impris­onment which the Court imposes in default of payment of the fine shall be simple, and the term for which the Court directs the offender to be imprisoned, in default of payment of fine, shall not exceed the following scale, that is to say, for any term not exceeding two months when the amount of the fine shall not ex­ceed fifty rupees, and for any term not exceeding four months when the amount, shall not exceed one hundred rupees, and for any term not exceeding six months in any other case.
68. The imprisonment which is imposed in default of pay­ment of a fine shall terminate whenever that fine is either paid or levied by process of law.
69. If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.
Illustration
A is sentenced to a fine of one hundred rupees and to four months' im­prisonment in default of payment. Here, if seventy -five rupees of the fine be paid or levied before the expiration of one month of the imprisonment. A will be discharged as soon as the first month has expired. If seventy-five rupees be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment, A will be immediately
discharged. If fifty rupees of the fine be paid or levied before the expiration of two months of the imprisonment, A will be discharged as soon as the two months are completed. If fifty rupees be paid or levied at the time of the expiration ‘of those two months, or at any later time while A continues in imprisonment, A will be immediately discharged.
70. The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the o~ender be liable to imprisonment for a longer period than six years, than at any time previous to the expiration of that period ; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts.
71. Where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offneces, unless it be so expressly provided.
Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined of punished, or
where several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when com­bined, a different offence,
the offender shall not be punished with a more severe pun­ishment than the Court which tries him could award for any one of such offences.
Illustrations
(a) A gives Z fifty strokes with a stick. Here, A may have committed the offence of voluntarily causing hurt to Z by the whole beating, and also be by each of the blows which make up the whole beating. If A were liable to punishment for every blow, he might be imprisoned for filly years, one for each blow. But he is liable only to one punishment for the whole beating.
(b) But if, while A is beating Z, Y interferes, and A intentionally strikes 1~ here, as the blow given to Y is no part of the act where by A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the blow given to Y
72. In all cases in which judgment is given that a person of guilty' of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided if the same punishment is not provided for all.
73. Whenever any person is convicted of an offence for which under this Code the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for an~ portion or portions of the imprisonment to which he is sen­tenced, not exceeding three months in the whole, according to the following scale, that is to say-
a time not exceeding one month if the' term of imprison­ment shall not exceed six months:
a time not exceeding two months if the term of imprison­ment shall exceed six months and shall not exceed one year:
a time not exceeding three months if the term of imprisonment shall exceed one year.
74. In executing a sentence of solitary confinement, such confinements shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods and when the imprisonment awarded shall exceed three months, the solitary confinements shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals between the periods solitary confinement of not less duration than such periods
75. Whoever, having been convicted--
(a) by a Court in the Union of Burma, of an offence punishable under Chapter XII or Chapter XVII of this Code with imprisonment of either descrip­tion for a term of three years or upwards. (* *)
1(b) * * * *
shall be guilty of any offence punishable under either of those Chapters with like imprisonment for the like term, shall be subject for every such subsequent offence to transportation for life, or to imprisonment of either description for a term which may extend to ten years.
...................................................
I Omitted by the Union of Burma (Adaptation of Laws) Order, 1948.

CHAPTER IV
GENERAL EXCEPTIONS

76. Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it.
Illustration
(a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence.
(b) A, and officer of Court of Justice, being ordered by that Court to arrest Y. and, after due enquiry. Believing Z to be Y, arrests Z. A has committed no offence.
77. Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.
78. Nothing which is done in pursuance of, or which is war­ranted by the judgment or order of, a Court of Justice, if done whilst such judgment or order remains in force; is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction.
79. Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be justified by law, in doing it.
Illustration
A sees Z commit what appears to A to be murder. A in the exercise, to the best of his judgment, exerted in good faith of the power which the law gives to all persons of apprehending murderers in the act, seizes Z in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self- defence.
80. Nothing is an offence, which is done by accident or mis­fortune, and without any criminal intention or knowledge, in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.
Illustration
A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence.
81. Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.
Explanation. -- It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.
Illustration
(a) A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that before he can stop his vessel he must inevitably run down a boat B, with twenty or thirty passen­gers on board, unless he changes the course of his course, he must incur risk of running down a boat C with only two passenger on board, which he may possiblely. clear. Here, if A alters two passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down C.
(b) A in a great fire pulls down houses in order to prevent the conflagra­tion from spreading. He does this with the intention in good faith of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminents as to excuse A's act, A is not guilty of an offence.
82. Nothing is an offence which is done by a child under seven years of age.
83. Nothing is an offence which is done by a child above seven years age and under twelve, who has not attained suffi­cient maturity of understanding to judge of the nature and con­sequences of his conduct on the occasion.
84. Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.
85. Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act or that he is doing what is either wrong or contrary to law provided that the thing which intoxicated him was administered to him without his knowledge of against his will.
86. In cases where an act done is not an offence unless done with particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will.
87. Nothing which is not intended to cause death or griev­ous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm ; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.
Illustration
A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which in the course of such fencing may be caused without foul play; and if A, while playing fairly, hurts Z, A commits no offence.
88. Nothing, which is not intended to cause death, is an offence by reason of any harm which It may cause, or be in­tended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.
Illustration
A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under a painful complaint; but not intending to cause Z's death, and intending in good faith Z's benefit, performs that operation on Z with Z's consent. A has committed no offence.
89. Nothing which is done in good faith for the benefit of a ‘person-tinder twelve years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other per-son having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to that person;
Provided--
First.-- That this exception shall not extend to the inten­tional causing of death, or to the attempting to cause death;
Secondly.-- That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt of the curing of any grievous disease or infirmity;
Thirdly.-- That this exception shall not extend to the volun­tary causing of grievous hurt, or to the attempting to cause griev­ous hurt, unless it be for the purpose of preventing death or grivous hurt or the curing of any grievous disease or infirmity;
Fourthly.—That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.
Illustration
A, in good faith, for his child's benefit without his child's consent, has his child cut for the stone by a surgeon, knowing it to be likely that the operation will cause the child's death, but not intending to cause the child's death. A is within the exception, in as mush as his object was the cure of the child.
90. A consent is not such a consent as is intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception ; or
if the consent is given by a person who, from unsoundness of mind or intoxication, is Unable to understand the nature and consequence of that to which he given his consent; or
unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.
91. The exception in section 87, 88 and 89 do not extend to acts, which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given.
Illustration
Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is an offence independently of any harm which it may cause or be intended to cause to the woman Therefore, it is not an offence "by reason of such harm"; and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act.
92. Nothing is an offence by reason of any harm which it may cause to a person, for whose benefit it is done in good faith, even without that person's consent if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent and has no guardian or other person in lawful charge of bun from whom it is possible to obtain consent in time for the thing to be done with benefit: Provided-­
First. -- That this exception shall not extend to the inten­tional causing of death, or the attempting to cause death
Secondly.-- That this exception shall not extend to the do­ing of anything which the person doing it known to be likely to cause death, for any purpose other than the preventing of death or grievous hurt or the curing of any grievous disease or infirmity;
Thirdly-- That this exception shall not extend to the volun­tary causing of hurt, or to the attempting to cause hurt, for pur­pose other than the preventing of death or hurt;
Fourthly . -- That this exception shall not extend to the abet­ment of any offence, to the committing of which offence it would not extend.
Illustration
(a) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. A not intending Z's death but in good faith, for Z's benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence.
(b) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill, Z, but not intending to kill Z, and in good faith intending Z's benefit. A's ball give Z a mortal wound. A has committed on offence.
(c) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is no time to apply to the child's guardian. A perform the operation in spite of the entreaties of the child, intending, in good faith, the child's benefit. A has committed no offence.
(d) A is in a house which is on fire, with Z a child. People below hold out a blanket. A drops the child from the housetop, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child's benefit. Here even if the child is killed by the fall, A has committed no offence.
Explanation.-- Mere pecuniary benefit is not benefit within the meaning of sections 88, 89 and 92.
93. No communication, made in good faith is an offence by reason of any harm to the person to whom it is made if it made, for the benefit of that person.
Illustration
A, a surgeon, in good faith communicates to a patient dies his opinion that he cannot live. The patient in consequence of the shock. A has commit­ted no offence, though he knew it to be likely that the communication might cause the patient's death.
94. Except murder, and offences against the State punish­able with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence Provided the per­son doing the act did not of his own accord, or from a reason­able apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint.
Explanation 1.-- A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, know­ing their character is not entitled to the benefit of this exception, on the ground of his having been compelled by his associates to do anything that is an offence by law.
Explanation 2.-- A person seized by a gang of dacoits and forced by threat of instant death, to do a thing which is an of­fence by law; for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception.
95. Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.
of the Right of Private Defence
96. Nothing is an offence, which is done in the exercise-of the right of private defence.
97. Every person has a right, subject to the restrictions con­tained in section 99, to defend--
First.-- His own body, and the body of any other person, against any offence affecting the human body;
Secondly-- The property, whether moveable or immoveable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, rob­bery, mischief or criminal trespass.
98. When an act, which would otherwise be a certain of­fence, is not that offence by reason of the youth, the want of maturity of understanding, the unsoundness of mind, or the in­toxication of the person doing that act, or by reason of any mis­conception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.
Illustrations
(a) Z, under the influence of madness, attempts to kill A ; Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane.
(b) A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a house-breaker, attacks A. Here Z, by attacking A under this misconception, commits no offence, But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception.
99. There is no right of private defence against an act which does not reasonably cause the apprehension of death or of griev­ous hurt, if done or attempted to be done by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law.
There is no right of private defence against an act which does not reasonably cause the apprehension of death or of griev­ous hurt, if done or attempted to be done by the direction of a public servant acting in good faith under colour of his office though that direction may not be strictly justifiable by law.
There is no right of private defence in cases in which there is time to have recourse to the protection of the public authori­ties.
The right of private defence in no case extends to the in­flicting of more harm than it is necessary to inflict for the pur­pose of defence.
Explanation. 1.-- A person is not deprived of the right of private defence against an act done or attempted to be done by a public servant, as such, unless he knows, or has reason to be­lieve, that the person doing the act is such public servant.
Explanation. 2.-- A person is not deprived of the right of private defence against an act done or aempted to be done by the direction of a public servant unless he knows, or has reason to believe, that the person doing the act is acting by such direc­tion, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority if demanded.
100.The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasion the exercise of the right be of any of the descriptions hereinafter enumerated, namely
First.-- Such an assault as may reasonably cause the appre­hension that death will otherwise be the consequence of such assault
Secondly.-- Such an assault as may reasonably cause the ap­prehension that grievous hurt will otherwise be the consequence of such assault;
Thirdly. --An assault with the intention of committing rape;
Fourthly. -- An assault with the intention of gratifying un­natural lust;
Fifthly.--An assault with the intention of kidnapping or ab­ducting;
Sixthly. --An assault with the intention of wrongfully con­fining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.
101. If the offence be not of any of the descriptions enumer­ated in the last preceding section, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 99, to the voluntary causing to the assailant of any harm other than death.
102. The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the of­fence may not have been committed; and it continues as long as such apprehension of danger to the body continues.
103. The right of private defence of property extends, under the restrictions mentioned in section 99, to the voluntary caus­ing of death or of any other harm to the wrong-doer, if the of­fence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely
First.-- Robbery:
Secondly.-- House-breaking by night;
Thirdly.-- Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwell­ing or as a place for the custody of property;
Fourthly.-- Theft, mischief or house-trespass, under such circumstances as may reasonably cause apprehension that death of grievous hurt will be the consequence if such right of private defence is not exercised.
104. If the offence, the committing of which, or the attempt­ing Lb commit which, occasions the exercise of the right of pri­vate defence, be theft, mischief of criminal trespass, not of any of the descriptios enumerated in the last preceding section, that right does not extend to the voluntary causing of death, but does extend, subject to the restriction mentioned in section 99, to the voluntary causing to the wrong-doer of any harm other than death.
105. The right of private defence of property commences when a reasonable apprehension of danger to the property com­mences.
The right of private defence of property against theft con­tinues till the offender has effected his retreat with the property, or either the assistance of the public authorities is obtained or the property has been recovered.
The right of private defence of property against robbery con­tinues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint, or as long as the fear of instant death or of instant hurt or of instant personal restraint continues.
The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.
The right of private defence of property against house-break­ing by night continues as long as the house-trespass which has been begun by such housebreaking continues.
l06. If in the exercise of the right of private defence against an assaults which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.
Illustration
A is attacked by a mob who attempt to murder him. He cannot effectu­ally exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.

CHAPTER V
OF ABETMENT

107. A person abets the doing of a thing, who-­
First. -- Instigates any person to do that thing; or
Secondly.-- Engages with one or more other person or
person in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy and in order the doing of that thing; or
Thirdly.-- Intentionally aids, by any act or illegal omis­sion, the doing of that thing.
Explanation 1.-- A person who, by willful misrepresenta­tion, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.
A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z.B knowing that fact and also that C is not Z, willfully represents to A that U is Z, and thereby intention­ally causes A to apprehend C. Here B abets by instigation the apprehension of C.
Explanation 2. -- Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.
108. A person abets an offence, who abets either the com­mission of an offence, or the commission of an act which would be an offence if committed by a person capable by law of com­mitting an offence with the same intention or knowledge as that of the abettor.
Explanation 1.-- The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act.
Explanation 2. -- To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that effect requisite to constitute the offence should be caused
Illustrations
(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.
(b) A is instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder.
Explanation 3.-- It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.
Illustrations
(a) A, with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as A. Here A whether the act be committed or not, is guilty of abetting an offence.
(b) A, with the intention of murdering Z instigates B, a child under seven years of age, to do an act which causes Z's death. B, in consequence of the abetment, dose the act in the absence of A and there by causes Z's death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of commit­ting an offence, and had committed murder, and he is therefore subject to the punishment of death.
(c) A instigates B to set fire to a dwelling-house. B in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A's instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwelling - house, and is liable to the punishment provided for that offence.
(d) A., intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z's possession. A induces B to believe that the property belongs to A. B takes the property out of Z's possession, in good faith, believing it to be A's property. B, acting under the misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishment, as if B had committed theft.
Explanation 4. --The abetment of an offence being an offence, the abet­ment of such an abetment is also an offence.
Illustrations
A, instigates B to instigates C to murder Z. B accordingly instigates murder Z, and C commits that offence in consequence of B's instigation. B is liable to be punished for his offence with the punishment for murder, and, instigated B to commit office; A is also liable to the same punishment.
Explanation 5. -- It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is suffi­cient if he engages in the conspiracy in pursuance of which offence is committed.
Illustrations
A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C mentioning that a third person is to administer the poison; Z dies in consequence. Here though A and C have not conspired together, yet C has been engaged the conspiracy in pursuance of which Z has been murdered. C has therefore committed in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in the section and is liable to the punishment for murder.
108A. A person abets an offence within the meaning of this Code who, in the Union of Burma, abets the commission of any act without and beyond the Union of Burma which would constitute an offence if committed in the Union of Burma.
Illustrations
A, in the Union of Burma instigates B, a foreigner in Goa, to commit a murder in Goa. A is guilty of abetting murder.
109. Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express pro­vision is made by this Code of the punishment of such abet­ment, be punished with the punishment provided for the of­fence.
Explanation- An act or offence is said to be committed in sequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.
Illustrations
(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B's official functions. B accepts the bribe. A has betted the offence defined in section 161.
(b) A instigates B to give false evidence. B in consequence of~ the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.
(c) A and B conspire to posion Z, A in pursuance of the conspiracy procures the poison and delivers it to B in order that he may ad-~ minister it to Z. B, in pursuance of the conspiracy, administers the] poison to Z in A's absence and there by causes Z's death. Here B is guilty of murder, A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.
110. Whoever abets the commission of an offence shall ii procures the person abetted does the act with a different intention or knowledge from that of the abettor, be punishmed with the punishment provided for the offence which would have been commit-I ted if the act had been done with the intention or knowledge of the abettor and with no other
1l1. When an act is abetted and a different act is done, the abettor is liable for the act done in the same manner and to the same extent as if he bad directly abetted it:
provided the act done was a probable consequence of the abetment, and was committed under the influence of the instiga­tion, or with the aid or in pursuance of the conspiracy which constituted the abetment.
Illustrations
(a) A instigates a child to put posion into the food of Z. and gives him posion for that purpose. The child, in consequence of the instigation, by mistake puts the posion into the food of Y, which is by the side of that of A. Here if the child was acting under the influence of A's instigation, and the act done was under the circumstances a probable consequence of the abet­ment, A is liable in the same manner and to the same extent as if he had insti­gated the child to put the posion into the food of Y
(b) A instigates B to burn Z's house; B sets fire to the house and at the same time commits theft of property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the buring.
(c) A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder.
112. If the act for which the abettor is liable under the last preceding section is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences.
Illustrations
A instigates B to resist by force a distress made by a public servant. B in consequence resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress, As B has commit­ted both the offence of resisting the distress and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress A will be liable to punishment for each of the offence.
113. When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment causes a different effect from that intended by the abettor, the abettor is liable for the effect caused in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect.
A instigates B to cause grievous hurt to Z B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder.
114. Whenever any person, who if absent would be liable to punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is com­mitted, he shall be deemed to have committed such act or of­fence.
115. Whoever abets the commission of an offence punish­able with death or transportation for life shall, if that offence be not committed in consequence. of the abetment, and no ex­press provision is made by this Code for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, s done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.
Illustrations
A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subjected to the punish­ment of death or transportation for life. Therefore A is liable to imprisonment for a term which may extend to seven years and also to fine;
116. Whoever abets an offence punishable with imprison­ment shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprison­ment of any description provided for that offence for a term which may extend to one- fourth part of the longest term provided for that offence ; or with such fine as is provided for that offence, or with both
and if the abettor or the person abetted is a public servant whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence for a term which may extend to one-half of the longest term provided for that offence, or with such ‘fine as is provided for the offence, or with both.
Illustration
(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B's official functions B refuses to accept the bribe. A is punishable under this section.
‘A instigates B to give false evidence. Here if B does not give false evidence. A has nevertheless .committed the offence defined in this section, and is punishable accordingly.
(c,) A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is li­able to one-half of the longest term of imprisonment provided for the offence, and also to fine.
(d) B abets the commission of a robbery by A, a police officer, whose duty it is to prevent that offence. Here though the robbery be not committed, B is liable be one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine.
117. Whoever abets the commission of an offence by the public generally, or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Illustration
A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of at­tacking the members of an adverse sect while engaged in a procession. A has committed the offence define in this section.
118. Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or transportation for life,
voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence or makes any repre­sentation which he knows to' be false respecting such design,
Shall, if that offence be committed, be punished with im­prisonment of either description for a term which may extend to seven years, or, if the offence be not committed, with imprison­ment of either description for a term which may extend to three years ; and in either case shall also be liable to fine.
Illustration
A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with intent to facili­tate the commission of the offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section.
119. Whoever, being a public servant, intending to facilitate or knowing it to be likely that he will thereby facilitate the com­mission of an offence which it is his duty as such public servant to prevent,
voluntarily conceals, by any act or illegal omission, the exist­ence of a design to commit such offence, or makes any representa­tion which he knows to be false respecting such design,
shall, if the offence be committed, be punished with impris­onment of any description provided for the offence for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both;
or, if the offence be punishable with death or transportation for life, with imprisonment of either description for a term which may extend to ten years;
or, if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one-fourth part of the longest term of such imprisonment, or with such fine as is provided for the of­fence, or with both.
Illustration
A, an officer of police being legally bound to give information of all de­signs to commit robbery which may come to his knowledge and knowing that B design to commit robbery, omits to give such information with intend to facilitate the commission of that offence. Here A has by an illegal omission concealed the existence of B's design, and is liable to punishment according to the provision of this section.
120. Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence pun­ishable with imprisonment,
voluntarily conceals, by any act or illegal omission, the ex­istence of a design to commit such offence, or makes any represen­tation which he knows to he false respecting such design,
shall, if the offence be committed, be punished with impris­onment of the description provided for the offence for a term which may extend to one- fourth, and, if the offence be not committed, to one-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.

CHAPTER V (A)
CRIMINAL CONSPIRACY

120A. When two or more persons agree to do, or cause to be done,--
(1) an illegal act, or
(2) an act which is not illegal by illegal means. such an agreement is designated a criminal conspiracy;
Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.
Explanation-- It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.
120B.(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, transportation or rig­orous imprisonment for a term of two years or upwards or shall, where no express provision is made in this Code for the punish­ment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as afor­esaid shall be punished with imprisonment of either descrip­tion for a term not exceeding six months, or with fine, or with both.

CHARTER VI
OF OFFENCES AGAINST THE STATE

1121. Whoever wages war against the Union of Burma or any constituent unit thereof, or assists any State or person or incites or conspires with any person within or without the Union to wage war against the Union or any constituent unit thereof, or attempts or otherwise prepares by force of arms or other violent means to overthrow the organs of the Union or of its constituent units established by the Constitution, or takes part or is concerned in- or incites or conspires with any person within or without the Union to make or to take part or be concerned in any such at­tempt shall be guilty of the offence of High Treason.
1121A. * * * *
* 122. ( 1) Whoever commits High Treason within the Union of Burma shall be punished with death or transportation for life.
(2) Whoever, being a citizen of the Union of Burma or ordinarily resident within the Union, commits High Treason outside the Union shall be punished with death or transportation for life.
1123. ( 1) Whoever encourages, harbours or comforts any per­son whom he knows or has reasonable ground for believing to be engaged in committing High Treason shall be punished with transportation for life or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Exception.-- This provision does not apply to the case in which the person who harbours is the husband or wife of the offender.
(2) * * * *
1124. Whoever knowing that any act, the commission of which would be High Treason, is intended or proposed to be, or is being, or has been committed, does not forthwith disclose the same, together with all particulars there of known to him, to Magistrate, or to any police-officer, or some other person lawfully engaged on duties relating to the preservation of peace and order shall be guilty of the offence of misprision of High Treason and shall be punished with rigorous imprisonment which may extend to seven years, and shall also be liable to fine.
1124A. Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, bring to attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards [the Government established by law for the Union or for the constituent units thereof,] shall be pun­ished with transportation for life or an shorter term, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.
Explanation. 1.-- The expression "disaffection" includes dis­loyalty and all feelings of enmity.
Explanation. 2.-- Comments expressing disapprobation of the measures of the Government with a view to obtain their alter­ation by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this sedition.
Explanation. 3.-- Comments expressing disapprobation of the administrative or other action of the Government, without excit­ing or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
2124 B. Whoever--
(a) knowingly or willfully advocates, (* *)3 advises, or teaches the duty, necessity, desirability, or propriety or over­throwing or destroying the organs of the Union or of assassina­tion of any officer of any such organ, or
................................................................
1 Original sections 121, 121A 122, 123 and 124 were repealed by Act XIV, 1948, and new section 121, 122, 123 and 124 were inserted by Act XX, 1950.
2 Sub-section (2) of section 123 was deleted by Act X, 1951.
* Substituted by Act V 1961.
(b) knowingly or willfully prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter which advocates, advises, or teaches the duty, necessity, desirability or propriety of overthrowing or destroy­ing any such organ by force or violence, or
(c) organized or helps to organize any society, group or assembly of persons who teach, advocate or encourage the over­throw or destruction of any such organ by force or violence, or
(d) becomes a member of, or affiliates with any such soci­ety, group or assembly of persons; knowing the purpose thereof, shall be punished with imprisonment of either description for a term which may extend to not less than three years and not more than ten years, and shall also be liable to fine.
Explanation.-- For the purpose of this section, the term "the organs of the Union or of its constituent units" means the organs of the Union or of its constituent units established by the Consti­tution of the Union of Burma.
125.Whoever wages war against any Asiatic Power in alli­ance or at peace with the State, or attempts to wage such war or abets the waging of such war, shall be punished with transporta­tion for life, to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine.
126. Whoever commits depredation, or makes preparations to commit depredation, on the territories of any Power in alli­ance or at peace with the State, shall be punished with imprison­ment of either description for a term which may extend to seven years, and shall also be liable to fine and t~ forfeiture of any property used or intended to be used in committing such depredation, or acquired by such dep­redation.
.................................................................
1. Substituted by Act XX, 1950.
2. Inserted by Act LXV, 1953.
3. Deleted by Act XXXLX 1954.
127. Whoever receives any property knowing the same to have been taken in the commission of any offences mentioned in sections 125 and 126 shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received.
128. Whoever, being a public servant and having the cus­tody of any State prisoner or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with transportation for life, or im­prisonment of either description for a term which may extend to ten years, and shall be liable to fine.
129. Whoever, being a public servant and having the cus­tody of any State prisoner or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple impris­onment for a term which may extend to three years and shall also be liable to fine.
130. Whoever knowingly aids or assists any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or of­fers or attempts to offer any resistance to the recapture of such prisoner, shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation. -- A State prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in the Union of Burma, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.

CHAPTER VI (A)1
OFFENCES RELATING TO CERTAIN PROVISIONS CONTAINED
IN THE CONSTITUTION AND ACTS OF THE PARLIAMENT

1130A. Except where penalty or other mode of punishment is expressly prescribed by law, whoever, without any reasonable excuse, contravenes any provisions contained in sections 15, 17, 19, 20, or sub - sections (2) and (3) of sections 23 of the Consti­tution of the Union of Burma or in any Act enacted by the Parlia­ment of the Union of Burma by wilfully doing any act which it forbids, or by wilfully omitting to do any act which it requires to be done, shall be punished with imprisonment of either descrip­tion for a term which may extend to three years, or with fine, or with both.

CHAPTER VI (B)1
LIBEL AGAINST FOREIGN POWERS

1130.B. Whoever, by words either spoken or intended to be read or by signs or by visible representations, publishes anything tending to degrade, revile or to expose to hatred or contempt any Foreign State, Head of State, Ambassador or other dignitary of a Foreign State, with intent to disturb peaceful and friendly rela­tionship between the Union of Burma and that Foreign State, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

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* Inserted by Act XX, 1950.
First Exception. -- It is not an offence under this section to publish any fair comment on a matter of public interest without any intent to disturb peaceful or friendly relationship between the Union of Burma and that State.
Second Exception.-- It is not an offence under this section to publish anything which is true, if it be for the public good that the publication should be made. Whether or not it is for the pub­lic good is a question of fact.

CHAPTER VII
OF OFFENCES RELATING TO THE, NAVY AND AIR FORCE

131. Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force (*****) 2, or attempts to seduce any officer, soldier, sailor or airman from his allegiance or his duty, shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
2 [* * * *]
132.Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force (****)2, shall, if mutiny be committed in consequence of that abet­ment, be punished with death or with transportation for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
133. Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or air Force (***)1, on any superior officer being in the execution of his office shall be pun­ished with imprisonment of either description for a term which extend to three years, and shall also be liable to fine.
134. Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force (**)1, on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
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1. Inserted by Act XX. 1950.
2.Omitted by The Union of Burma(Adaptation of Laws)Order, 1948.
135. Whoever, abets the desertion of any officer, soldier, sailor or airman, in the Army, Navy or Air Force (***)1 shall be punished with imprisonment of either description for a term which may extend to two years or with fine, or with both.
136. Whoever, except as hereinafter excepted, knowing or having reason to be1ieve that an officer, soldier, sailor or airmam, in the Army, Navy or Air Force, (***)1, has deserted, harbours such officer, soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Exception. -- This provision does not extend to the cases in with the harbour is given by a wife to her husband.
137. The master or person in charge of a merchant ves­sel, on board of which any deserter from the Army, Navy or Air Force *** *)1, is concealed, shall though ignorant of such con­cealment, be liable to penalty not exceeding five hundred rupees if he might have known of such concealment but for some neglect of his duty as such master person in charge, or but for some want of discipline on board of the vessel.
138. Whoever abets what he knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or Air Force (***)1 shall if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
2139. No person subject to the Burma Army Act, the Burma Naval Volunteer Reserve (Discipline) Act or the Burma Air Force (Discipline) Act, 1947, is subject to punishment un­der this Code for any of the offences defined in this Chapter.
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1. Omitted by the Union of Burma (Adaptation of Laws) Order, 1948.
2. Substituted ibid.
140. Whoever, not being a soldier, sailor or airman, in the Military, Naval or Air service [* * *] 1 wears any garb or carries any token resembling any garb or token used by such a soldlu, sa~.ur or airman, with the intention that it may be believed that he is such a soldier, sailor or airman, shall be punished with im­prisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

CHAPTER VIII
OF OFFENCES AGAINST THE PUBLIC TRANQUILITY

141 .An assembly of five or more persons is designated an "unlawful assembly," if the common object of the person com­posing that assembly is--
First.-- To overawe by criminal force, or show of criminal force, the Union Parliament or the Government, or any public servant in the exercise of ‘the lawful power of such public ser­vant ; or
Second-- To resist the execution of any law, or of any legal process ; or
Third.-- To commit any mischief or criminal trespass, or other offence ; or
Fourth.-- By means of criminal force, or shown of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in pos­session or enjoyment, or to enforce any right or supposed right; or
Fifth. -- By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.
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I Omitted by the Union of Burma(Adaptation of Laws)Order, 1948.
Explanation.-- An assembly which was not unlawful when it assembled may subsequently become an unlawful assembly.
142.Whoever, being aware of facts which render any as­sembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assem­bly.
143. Whoever, is a member of an unlawful assembly shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
144. Whoever, being armed with any deadly weapon, or with anything which used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be pun­ished with imprisonment of their description for a term which may extend to two years, or with fine, or with both
145. Whoever, joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
146.Whenever force or violence is used by an unlawful as­sembly, or by any member thereof, in prosecution of the com­mon object of such assembly, every member of such assembly is guilty of the offence of rioting.
147. Whoever, is guilty of rioting shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both.
148. Whoever, is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with impris­onment of either description for a term which may extend to three years, or with fine, or with both
149.If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assem­bly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly is guilty of that offence.
150. Whoever hires or engages, or employs or promotes or connivers at the hiring, engagement or employment of ~ per­son to join or become a member of an unlawful assembly, shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had com­mitted such offence.
151.Whoever knowing joins or continues in any assembly of five more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to dis­perse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Explanation.-- If the assembly is an unlawful assembly within the meaning of section 141, the offender will be punish­able under section 145.
152. Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant, in endeavoring to disperse an unlawful assembly, or to sup­press a riot or affray, or uses, or threatens, or attempts to use criminal force to such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
153. Whoever malignantly, or wantonly, by doing anything which is illegal, gives provocation to any person intending or knowing if to be likely that such provocation will cause the of­fence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment &f either description for a term which may extend to one year, or with fine, or with both and if the offence of rioting be not committed, with imprisonment of either de­scription for a term which may extend to six months, or with fine, or with both.
153A. Whoever by words, either spoken or written, or by signs, or by visible representations, or otherwise, promotes or attempts to promote feelings of enmity or hatred between different classes of [persons resident in the Union] ‘ shall be punished with imprisonment which may extend to two years, or with fine, or with both.
Explanation.-- It does not amount to an offence within the meaning of this section to point out, without malicious intention and with an honest view to their removal, matters which are pro­ducing, or have a tendency to produce, feelings of enmity or hatred between different classes of [persons resident in the Union]'.
154. Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which such unlawful
assembly is held, or such riot is committed, and any person hay­ing or claiming an interest in such land, shall be punishable
with fine not exceeding one thousand rupees, if he or his
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1 .Substituted by the Union of Burma(Adaptation of Laws)Order, 1948.
agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be commit­ted, do not give the earliest notice thereof in his or their power to the principal officer at the nearest police station and do not, in the case of his or their having reason to believe that it was about to be committed, use all lawful means in his or their power to prevent it and, in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly.
155. Whenever a riot is committed for the benefit or on be­half of any person who is the owner or occupier of any land respecting which such riot takes place or who claims any inter­est in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit there from, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed or that the unlawful by which such riot was commit­ted was likely to be held, shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same.
156. Whenever a riot is committed for the benefit or on be­half of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any inter­est in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit there from,
the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assem­bly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispers­ing the same.
157. Whoever harbours, receives or assembles, in any house or premises in his occupation or charge or under his control, any persons, knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
158. Whoever is engaged or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both,
and whoever, being so engaged or hired as aforesaid, goes armed or engages or offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely to cause death shall be punished with imprisonment of either de­scription for a term which may extend to two years, or with fine, or with both.
159. When two or more persons, by fighting in a public place, disturb the public peace, they are said to "commit an affray".
160. Whoever commits an affray shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both.

CHAPTER IX
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

161. Whoever , being or expecting to be a public servant, 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, as a motive or reward for doing or forbearing to do any official act or for showing or for bearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering or attempting to ren­der any service or disservice to any person with the Union Par­liament or the Government or with any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Explanations.-- "Expecting to be a public servant." If a per­son not expecting to be in office obtains a gratification by de­ceiving others into a belief that he is about to be in Office, and that he will then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in this section.
"Gratification". The word "gratification" is not restricted to pecuniary gratification, or to gratifications estimable in money.
"Legal remuneration." The words "legal remuneration" are not restricted to remuneration which a public servant can law­fully demand, but include all remuneration which he is permit­ted by the Government to accept.
"A motive or reward for doing." A person who receives a gratification as a motive for doing what he does not intended to do, or a reward for doing what he has not done, comes within these words.
Illustrations
(a) A, a Magistrate, obtains from Z, a banker, a situation in Z's bank for A's brother, as a reward to A for deciding a cause in favour of Z. A has committed the offence defined in this section.
(b) A, holding the office of Resident at the Court of a subsidiary Power, accepts a lakh of rupees from the Minister of that Power. It does not appear the A accepted this sum as a motive or reward for doing or forbearing to do any particular official act, or for rendering or attempting to render any par­ticular service to that Power with the British Government. But it does appear that A accepted the sum as a motive or reward for generally showing favour in the exercise of his official function to that Power. A has committed the offence defined in this section.
(c) A, a public servant, induces Z erroneously to believe that A's influ­ence with the Government has obtained a title for Z and thus induces Z to give A money as a reward for this service. A has committed the offence defined in this section.
162. Whoever accepts or obtains, or agrees to accept, or at­tempts to obtain, from any person, for himself or for any other person, any gratification whatever as a motive or reward for in­ducing, by corrupt or illegal means, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or dis­service to any person with the Union Parliament or the Govern­ment or with ary public servant, as such, shall be punished with imprisonment of either description for a term which may ex­tend to three years, or with fine , or with both.
163. Whoever accepts or obtains, or agrees to accept, or at­tempts ot obtain, from any person, for himself or for any other person, any gratification whatever as a motive or reward for in­ducing, by the exercise of personal influence, any public servant to do or to forbear to do any official act, or in the exercise of the official function of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person with the Union Parliament or the Government or with any public servant, as such, shall be punished' with simple imprisonment for a term which may ex­tend to one year, or with fine, with both.
Illustration
An advocate who receives a fee for arguing a case before a Judge; a person who receives pay for arranging and correcting a memorial addressed lo Government, setting forth the services and claims of the memorialist; a paid agent for a condemned criminal who lays before the Government statements tending to show that the condemnation was unjust- are not within this section, inasmuch as they do not exercise or profess to exercise personal influence.
164. Whoever, being a public servant, respect of whom either of the offences defined in the last two preceding sections is committed, abets the offence, shall be punished with impris­onment of either description for a term which may extend to three years, or with fine, or with both.
Illustration
A is a public servant. B, A's wife, receives a present as a motive for soliciting A to give an office to a particular persons. A abets her doing so B is punishable with imprisonment for a term not exceeding one year, or with fine or with both. A is punishable with imprisonment for a term which may extend to three years, or with fine, or with both.
165. Whoever, being a public servant, accepts or ob­tains, or agrees to accept or attempts to obtain, for himself,
or for any other person, any valuable thing without-con­sideration, or for a consideration which he knows to be inad­equate,
from any person whom he knows to have been, or to be, or to likely to be, concerned in any proceeding or business trans-acted or about to be transacted by such public servant, or having any connection With the official functions of himself or of any public servant to whom he is subordinate,
or from any person whom he knows to be interested in or related to the person so concerned,
shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Illustration
(a) A, a Collector, hires a house of Z, who has a settlement case pending before him. It is agreed that A shall pay fifty rupees a month, the house being such that, if the bargain were made in good faith, A would be required to pay two hundred rupees a month, A has obtained a valuable thing from Z without adequate consideration.
(b) A, a Judge, buys of ~, who has cause pending in A's Court, Government promissory notes at a discount, when they are selling in the mar­ket at a premium. A has obtained a valuable thing from Z without adequate consideration.
(c) Z s brother is apprehended and taken before A, a Magistrate, on a charge of perjury. A Sells to a share in a bank at a premium, when they are selling in the market at a discount. Z pays A for the shares accordingly. The money so obtained by A is a valuable thing obtained by him without adequate consideration.
166. Whoever, being a public servant, knowingly dis­obeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprison­ment for a term which may extend to one year, or with fine, or with both.
Illustration
A, being an officer directed by law to take property in execution in order to satisfy a decree pronounced in Z's favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section.
167. Whoever, being a public servant, and being as such public servant, charged with the preparation or translation of any document, frames or translates that document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either descrip­tion for a term which may extend to three years, or with fine, or with both.
168. Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
169. Whoever, being a public servant, and being legally bound as such public servant not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with oth­ers, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both, and the property, if purchased, shall be confiscated.
170.Whoever, pretends to hold any particular office as a public servant, knowing that he does not hold such office, or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
171. Whoever, not belonging to a certain class of pub­lic servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the in­tention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class or public ser­vants, shall be punished with imprisonment or wither descrip­tion for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both.
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1. Inserted by XXIV, 1951.

CHAPTER IX (A)
OF OFFENCES RELATING TO ELECTION

171A. For the purposes of this Chapter--
(a) "candidate" means a person who has been nominated as a candidate at any election and includes a person who when an election is in contemplation, holds himself out as a prospective candidate thereat; provided that he is subsequently nominated as a candidate at such election;
(b) "electoral right" means the right or a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election.
171B. (1) Whoever--
(1) gives a gratification to any person with the object of inducing him or any other person to exercise any elec­toral right or of rewarding any person for having exercised any such right or
(11) accepts either for himself or for any other per­son any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exer­cise any such right commits the offence of bribery;
Provided that a declaration of public policy or a promise of public action shall not be an offence under this section.
(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification.
(3) A person who obtains or agrees to accept or at­tempts to obtain a gratification shall be deemed to accept a grati­fication, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the grati­fication as' a reward.
171C. (l) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits' the offence of undue influence at an election.
(2) Without prejudice to the generality of the provi­sions of sub-section
(1), whoever--
(a) Threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind or
(b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, shall be deemed to interfere with the free exer­cise of the electoral right of such candidate or voter, within the meaning of sub-section (1).
(3) A declaration of public policy or a promise of pub­lic action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.
171 D. Whoever at an election applies for a voting paper or votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election.
171E. Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine or with both:
Provided that bribery by treating shall be punished with fine only.
Explanation-- "Treating" means that form of bribery where the gratification consists in food, drink, entertainment, or provision.
171E Whoever commits the offence of under in­fluence or personation at an election shall be punished with im­prisonment of either description for a term which may extend to one year, or with fine, or with both:
I Provided that if the offence of personation is commit­ted in respect of an election to either Chamber of Parliament, the offender shall be punished with rigorous imprisonment for a term which may extend to two years, and may also be liable to fine.
171G. Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, shall be pun­ished with fine.
171H. Whoever without the general or special au­thority in writing of a candidate incurs or authorizes expenses on account of the holding of any public meeting, or upon an advertisement, circular or publication, or in any other way what­soever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may ex­tend to five hundred rupees:
Provided that is any person having incurred any such ex­penses not exceeding the amount often rupees without author­ity obtains within ten days from the date on which such expenses where incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate
171 I. Whoever being required by any law for the' time~ being in force or any rule having the force of law to keep accounts of expenses incurred at or in connection with an elec­tion fails to keep such shall be punished with fine which may extend to five hundred rupees.
1171 J. Whoever, without lawful excuse, the burden of proof there of being on him, has or retains in his possession inside a polling station, where votes are being recorded at an election [* * * * * ]2 one or more voting tokens or ballot papers or colourable imitation thereof except for the lawful pur­pose or recording his vote or has in his possession outside such polling station, one or more voting tokens or ballot papers or colourable imitation thereof shall be punished with rigrous im­prisonment for a term which may extend to two years, and may also be liable to fine.

CHAPTER X
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

172. Whoever absconds in order to avoid being served with a summons notice or order proceeding from any public servant legally competent, as such, public servant, to is­sue such summons, notice or order, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both,
or, 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, with simple imprisonment for a ten which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
173. Whoever in any manner intentionally prevents the serving on himself or on any other person of any summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order,
or intentionally prevents the lawful affixing to any place of any such summons, notice or order,
or intentionally removes any such summons, notice or order from any place to which itjs lawfully affixed,
or intentionally prevents the lawful making of any proc­lamation under the authority of any public servant legally com­petent, as such public servant, to direct such proclamation to be made,
shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees or with both;
or, if the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document in a Court of Justice, with simple imprisonment for a term which may ex­tend to six months, or with fine which may extend to one thou­sand rupees, or with both.
174. Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a sum­mons, notice, order of proclamation proceeding from any public servant legally competent, as such public servant, to issue the same,
intentionally omits to attend at that place or time, or de­parts from the place where he is bound to attend before the time at which it is lawful for him to depart,
shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;
or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
175. Whoever, being legally bound to produce or de­liver up any document to any public servant, as such, intention­ally omits sp to produce or deliver up the same, shall be pun­ished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred ru­pees, or with both;
or, if the document is to be produced or delivered up to ~ Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
176. Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, shall be punished with simple imprisonment for ~term which may extend to one month. w with fine which may extend to five hun­dred rupees, or with both;
or, if the notice or information required to be given re­spects the commission of an offence, or is required for the pur­pose of preventing the commission of an offence, or in order to the apprehension of an offender, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
177. Whoever, being legally bound to furnish informa­tion on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both;;
or, if the information which he is legally bound to give respects the commission of an offence, or is required for the pur­pose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine or with both.
Illustration
A, a landholder, knowing of the commission of a murder within the limits of his estate, willfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section.
Explanation.-- In section 176 and in this section the word "offence" includes any act committed at any place out of the Union of Burma, which, if committed in the Union of Burma, would, be punishable under any of the following sections namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460 ; the word "offender~~ in­cludes any person who is alleged to have been guilty of any such act.
178. Whoever refuses to bind himself by an oath of af­firmation to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment for a term winch may extend to six months, or with fine which may extend to one thousand rupees, or with both.
179. Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any quetion demanded of him touching that subject by such public servant in the exercise of legal powers of such public servant, shall be pun­ished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
180. Whoever refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
181. Whoever, being legally bound by an oath or affir­mation to state the truth on any subject to any public servant or other person authorized by law to administer such oath or affir­mation, makes, to such public servant or other person as afore­said, touching that subject, any statement which is false, and which he either knows or believes to be false or does not be­lieve to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
182. Whoever gives to any public servant any informa­tion which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause such public servant-­
(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or
(b) to use the lawful power of such public servant to the injury or annoyance of any person,
shall be punished with imprisonment of either descrip­tion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Illustrations
(a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, know­ing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z A has committed the offence defined in this section.
(b) A falsely informs a public servant that Z has contraband salt in a secret place knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z's premises, attended with annoyance to Z. A has committed the offence defined in this section.
(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assailants, but knows it to be likely that ii consequence of this information the police will make enquiries and institute searches ii the village to the annoyance of the villagers or some of them. A has committed an offence under this section.
183. Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
184. Whoever intentionally obstructs any sale of prop­erty offered for sale by the lawful authority of any public ser­vant, as such, shall be punished with imprisonment of either de­scription for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
185. 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 iinder 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, shall be punished with imprisonment of either descrip­tion for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.
186. Whoever voluntarily obstructs any public servant in the discharge of his public functions shall be punished with imprisonment of either description fur a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
187. Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be pun­ished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred ru­pees, or with both;
and if such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court of Justice, or of preventing the commission of an offence, or of suppress­ing a riot or affray, or of apprehending a person charged with or guilty of an offence or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
188. Whoever, knowing that by an order promulgated by a public servant lawfully empowered to promulgate such or­der he is directed to abstain from a certain act, or to take certain order with property in his possession or under his management, disobeys such direction,
shall, if such disobedience, causes or tends to cause ob­struction, annoyance or injury, or risk of obstruction, annoyance. or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with; both,
and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either descrip­tion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Explanation.-- It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as~ likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm.
Illustration
An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order and thereby causes danger or riot. A has committed the offence defined in this section.
189. Whoever holds out any threat of injury to any pubic servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, con­nected with the exercise of the public function of such public servant, shall be punished with imprisonment of either descrip­tion for a term which may extend to two years, or with fine, or with both.
190. Whoever holds out any threat of injury to any per­son for the purpose of inducing that person to refrain or desist from making a legal application for protection against any in­jury to any public servant legally empowered as such to give such protection, or to cause such protection to be given shall be' punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

CHAPTER XI
OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

191. Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any state­ment which is false, and which he either knows or believes to be false or does not believe to be true, is said to give fates evidence.
Explanation .1-- A statement is within the meaning of this section whether it is made verbally or otherwise.
Explanation .2-- A false statement as to the belief of the person attesting is within the meaning of this section, and a per­son may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.
Illustration
(a) A, in support of a just claim which B has against Z for one thou­sand rupees, falsely swears on a trial that he heard Z admit the justice of B's claim. A has given false evidence.
(b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence.
(c) A, knowing the general character of Z's handwriting, states that he believes a certain signature to be the handwriting of Z, A in good faith believing it to be so. Here A's statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwrit­ing of Z, A has not given false evidence.
(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on particular day, not knowing anything upon the subject, A gives false evidence whether Z was at that place on the day named or not.
(e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document, which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpre­tation or translation. A has given false evidence.
192. Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any document containing a false statement, intending that such circumstance, false entry of false statement may appear in evidence in a judi­cial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circum­stance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opin­ion upon the evidence to entertain an erroneous opinion touch­ing any point material to the result of such proceeding, is said "to fabricated false evidence."
Illustration
(a) A puts jewels into a box belonging to Z with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence.
(b) A makes a false entry in his shop book for the purpose of using it as corroborative evidence in a Court of Justice. A has fabricated false evi­dence.
(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in Imitation of Zs handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts letter in a place which he knows that the officers of the police are likely to search. A has fabricated false evidence.
193. Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose being used in any stage of a judicial proceeding, shall be punished with imprisonment of either ~escr1pt1on for a term which may extend to seven years, and shall also be liable to fine:
and whoever intentionally gives or fabricates false evi­dence in any other case shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Explanation. 1.-- A trial before a Court-martial is a judi­cial proceeding.
Explanation 2.-- An investigation directed by law, preliminary to a proceeding before a Court of Justice, is a stage of judicial proceeding, though that investigation may not take place before a Court of Justice.
Illustration
A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.
Explanation. 3.-- An investigation directed by a Court of Justice according to law, and conducted under the authority of a Court of Justice is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.
Illustration
A, in an enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceed­ing, A has given false evidence
194. Whoever gives or fabricates false evidence, intend­ing thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by the law of the Union of Burma [***]1 shall be punished with transportation for life, or with rigorous imprison­ment for a term which may extend to ten years, and shall also be liable to fine;
...........................................................
1Omitted by the Union of Burma (Adaptation of Laws) Order, 1948.
and if an innocent person be convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the' punishment herein before described.
195. Whoever gives or fabricates false evidence intend­ing thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by the law of the Union of Burma [* * *]1 is not capital, but punishable with transportation for life, or imprisonment for a term of seven years or upward, shall be punished as a person convicted of that of­fence would be liable to be punished.
Illustration
A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of a dacoity. The punishment for dacoity is trans­portation for life, or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to such transportation or imprisonment, with or without fine.
196. Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated shall be punished in the same manner as if imprison­ment, with or without fine.
197. Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punishable in the same manner as if he gave false evidence.
..................................................................
1. Omitted by the Union of Burma (Adaptation of Laws) Order, 1948.
198. Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.
199. Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not be­lieve to true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if be gave false evidence.
200. Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any mate­rial point, shall be punished in the same manner as if he gave false evidence.
Explanation.-- A declaration which is inadmissible merely upon the ground or some informality is a declaration within the meaning of sections 199 and 200.
201. Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the com­mission of that offence to disappear, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that in­~ention gives any information r ence which he knows or believes to be false,
shall, if the offence with be knows or believes to have been committed is punishable with death, be punished with im­prisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
and if the is punishable with transportation for life, ot~ with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which., may extend to three years, and shall also be liable to fine;
and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with im­prisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of the imprisonment provided, for the offence, or with fine, or with both.
Illustration
A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment of either description for seven years, and also to fine,
202. Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he le~al1y' bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
203. Whoever, knowing or having reason to believe that an offence has been committed, gives any information respect­ing that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Explanation.-- In sections 201 and 202 and in this sec­tion the word "offence" includes any act committed at any place out of the Union of Burma, which if committed in the Union of Burma, would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460.
204. Whoever secretes or destroys any document which he may be lawfully compelled to produce as evidence in a Court of Justice,, or in any proceeding lawfully held before a public servant as such, or obliterates or renders illegible the whole or any part of such, or obliterates or renders illegible the whole or any part of such document with the intention of preventing the same from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been law­fully summoned or required to produce the same for that pur­pose, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
205. Whoever falsely personates another, and in such assumed character makes any admission or statement, or con­fesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either de­scription for a term which may extend to three years, or with fine, or with both.
206. Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court of Justice or other compe­tent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made, by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
207. Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practises any' deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made, by a Court of Justice in a civil suit, shall be punished with imprisonment of either description from a term which may extend to two years, or with fine, or with both.
208. Whoever fraudulently causes or suffers a decree or order to be passed against hit~ at the suit of any person for a sum not due, or for a larger sum than is due to such person, or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Illustration
A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him fraudulently suffers a judgment to pass against him for larger amount at the suit of B, who has no just claim against him in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of Z's property which may be made under A's decree. Z has committed an offence under this section.
209. Whoever fraudulently or dishonestly, or with in­tent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false shall be punished with imprisonment of either description from a term which may ex­tend to two years, and shall also be liable to fine.
210. Whoever fraudulently obtains a decree or order against any person or a sum not due, or for a larger sum than is due, or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
211. Whoever, with intent to cause injury to any per­son, institutes or cause to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is not just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
and if such criminal proceeding be instituted on a false charge of an offence punishable with death, transportation for life, or imprisonment for seven years or upwards, shall be pun­ishable with imprisonment of either description for a term which may extend t6 seven years, and shall also be liable to fine.
212. Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has real son to believe to be the offender, with the intention of screening him from legal punishment,
shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine;
and if the offence is punishable with transportation for. life , or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
and if the offence is punishable with imprisonment which may extend to one year, and not to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.
"Offence" in this section includes any -act committed at any place out of the Union of Burma, which, if committed in the Union of Burma, would be punishable under any of the follow­ing sections, namely 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460;
and every such act shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in the Union of Burma.
Exception.-- This provision shall not extend to any case in which the harbour or concealment is by the husband or wife of the offender.
Illustration
A, knowing that B has committed decoity, knowingly conceals B in order to screen him from legal punishment. Here, as B is liable to transportation for life, A is liable to imprisonment of either description for a term not exceeding three years, and is also liable to fine.
213. Whoever accepts or attempts to obtain; or agrees to accept, any gratification for himself or any other person, or any restitution of property to himself or any other persttn, in con­sideration of his concealing an offence or of his screening any person from legal punishment for any offence, or of his not pro­ceeding against any person for the purpose of bringing him to legal punishment.
shall, if the offence is punishable with death, be pun­ished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
and if the offence is punishable with transportation for-~ life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
and if the offence is punishable with imprisonment not extending to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.
214. Whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or to restore or causes the restoration of any property to any person, in consideration of that person's concealing an offence, or of his screening any per­son from legal punishment for any offence, or of his not pro­ceeding against any person for the purpose of bringing him to legal punishment,
shall, if the offence is punishable with death, be pun­ished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
and if the offence is punishable with transportation for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
and if the offence is punishable with imprisonment
extending to ten years, shall be punished with imprisonment of] the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.
Exception.-- The provision of sections 213 and 214 do not extend to any case in which the offence may lawfully be compounded.
215. Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any moveable property of which he shall have been deprived by any offence punishable under this Code shall, un­less he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
216. Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that per­son with the intention of preventing him from being apprehended, shall be punished in the manner following, that is to say.
if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
if the offence is punishable with transportation for life, or imprisonment for ten years, he shall be punished with impris­onment of either description for a term which may extend to three years, with or without fine;
and if the offence is punishable with imprisonment which may extend to one year, and not to ten years, he shall be pun­ished with imprisonment of the description provided for the of­fence for a term which may extend to one-fourth part of the long­est term of the imprisonment provided for such offence, or with fine, or with both.
"Offence" in this section includes also any act or omis­sion of which a person is alleged to have been guilty out of the Union of Burma which, if he had been guilty of it in the Union of Burma, would have been punishable as an offence, and for which he is, under any law relating to extradition [* * ‘or otherwise, liable to be apprehended or detained in custody in the Union of Burma, and every such act or omission shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in the Union of Burma.
Exception.-- This provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended.
216A. Whoever, knowing or having reason to believe that any persons are about to commit or have recently commit­ted robbery or dacoity, harbours them or any of them, with the intention of facilitating the commission of such robbery or dacoity, or of screening them, or any of them from punishment, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
Explanation.-- For the purposes of this section it is im­material whether the robbery or dacoity is intended to be committed, or has been committed, within or without the Union of Burma.
Exception.-- This provision does not extend to the case in which the harbour is by the husband or wife of the offender.
..............................................................
1. Omitted by the Union of Burma (Adaptation of Laws) Order, 19
216B * * * * *
217. Whoever, being a public servant, knowingly dis­obeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a less punishmentthan that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with im­prisonment of either description for a term which may extend to two years, or with fine, or with both.
218. Whoever, being a public servant, and being as such public servant charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby to save, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either descrip­tion for a term which may extend to three years, or with fine, or with both.
219. Whoever, being a public servant, corruply or ma­liciously makes or pronounces, in any stage of a judicial pro­ceeding, any report, order, verdict or decision which he knows to be contrary to law shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
................................................................
1. Repealed by Act XX, 1950.
220. Whoever being in any oice which gives him legal authority to commit persons for trial or to confinment , or to keep persons in conflnment, con-upty or maliciously commits any person for trial or confinment, or keeps any person in confinment, keep any per­son in confinment, in the exercise of that authority, knowing that is doing he is acting contrary to law, shall be punished with may extend to with imprisonment of either description for either descriptions for a terms which may extend to seven years, or with fine, or with both.
221. Whoever, being a public servant, legally bounds as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, intentionally omits to apprehend such person, or intentionally, aids such person in escaping or attempting ro escape from such confinment, shall be pun­ished as follows, that is to say
with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinment, or who ought to have been apprehended, was charge with, or liable to be apprehended for, an offence punishable with death ; or
with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinment, or who ought to have been apprehended, was charged with , or liable to be apprehended for, an offence punishable with transportation for life or imprisonment for a term which may extended to ten years ; or
with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinment, or who ought to have been apprehended, was charged with , or liable to be apprehended for, an offence punishable with transportation for life or imprisonment for a term which may extended to ten years ; or
222. Whoever, being a public servant, legally bounds as such public servant to apprehend or to keep in confinement any person under sentence of a Court of Justice for any offence or lawfully committed to custody, intentionally omits to apprehend such person, or intention­ally, suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinment, shall be pun­ished as follows, that is to say
with transportation for life or with imprisonment of either description for ~ term which may extend to fourteen years, with or with­out fine, if the person in confinment, or who ought to have been appre­hended, is under sentence of death; or
with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, is sub­ject, by a sentence of a Court of Justice, or by virtue of a com­mutation of such sentence, to transportation for life [* * *] or to transportation [* * * ]1 or imprisonment for a term 01 een years or upwards ; or
with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the per-? son in confinement, or who ought to have been apprehended, is subject, by a sentence of a Court of Justice, t& imprisonment for a term not extending to ten years or if the person was lawfully committed to custody.
223. Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence or lawfully committed to cus­tody, negligently suffers such person to escape from confine­ment, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
224. Whoever intentionally offers any resistance or le­gal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes for attempts to escape from any custody in which he is lawfully detained for any such offence, shall be pun­ished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Explanation. -- The punishment in this section is in ad­dition to the punishment for which the. person to be appre­hended or detained in custody was liable for the offence with he was charged, or of which he was convicted.
225. Whoever intentionally offers any resistance or ille­gal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other per­son from, any custody in which that person is lawfully detained for an offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;
.......................................................
1The words "or penal servitude for life" and "or penal servitude" were omitted by the Union of Burma (Adaptation of Laws) Order, 1948.
or, if the person to be apprehended, or the person res­cued or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with transportation for life or imprisonment for a term which may extend to ten years, shall be punished with imprisonment or either description for a term which may extend to three years, and shall also be liable to fine;
or, if the person to be apprehended or rescued, or attempted to be rescued, is charged with or liable to be appre­hended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
or, if the person to be apprehended or rescued, or at­tempted to be rescued, is liable under the sentence of a Court of Justice, or by virtue of a commutation of such a sentence, to transportation for life, or to transportation, [**]1 or imprison­ment, for a term often years or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
or, if the person to be apprehended or rescued, or at­tempted to be rescued, is under sentence of death, shall be pun­ished with transportation for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
225A. Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement; any person in any case not provided for in section 221, section 222 or section 223, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished-
(a) if he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and
(b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both.
...........................................................
1. The words "penal servitude' were omitted by the Union of Burma (Adaptation of Laws) Order, 1948.
225B. Whoever, in any case not provided for in section 224 or section 225 or in any other law for the time being force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other per-son from any custody in which that person is lawfully detained, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
226. Whoever, having been lawfully transported, returns from such transportation, the term of such transportation not having expired and his punishment not having been remitted, shall be punished with transportation for life, and shall also be liable to fine, and to be imprisoned with rigorous imprisonment for a term not exceeding three years he before he is transported.
227. Whoever, having accepted any conditional remis­sion of punishment, knowingly violates any condition on which such remission was granted shall be punished with the punish­ment to which he was originally sentenced, if he ha~ already suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much of that punishment as he has not already suffered.
- Whoever is convicted of absconding in violation of a condition a remission of punishment under this section shall, in addition to the punishment prescribed by this section, be pun­ished by the convicting Magistrate with rigorous imprisonment for a term which may extend to one year.
228. Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sifting in any state of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both:
229. Whoever, by personation or otherwise, shall inten­tionally cause, or knowingly suffer himself to be returned empanelled or sworn as a juryman or assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled or sworn, or, knowing him­self to have been so returned, empanelled or sworn contrary to law, shall voluntanly serve on such jury or as such assessor shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CHAPTER XII
OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS

230. Coin is metal used for the time being as money, and stamped and issued by the authority of some State or Sovereign Power in order to be so used.
["Coin of the Union" is metal stamped or issued by the authority of the Government in order to be as money ; and metal which has been so stamped or issued shall continue to be the coin of the Union for the purposes of this Chapter, notwithstand­ing that it may have ceased to be used as money.] 1
Illustrations
(a) Cowries are not coin.
(b) Lumps of unstamped copper, though used as money, are not coin.
(c) Medals are not coin, inasmuch as they are not intended to be used as money.
231. Whoever counterfeits, or knowingly performs any part of the process of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Explanation.-- A person commits this offence who, in­tending to practise deception, or knowing it to be likely that de­ception will thereby be practised, causes a genuine coin to appear like a different coin.
............................................................
1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.
232. Whoever counterfeits, or knowingly performs auy. part of the process of counterfeiting the coin of the Union,1 shall be punished with transportation for life, or with imprisonment I of either description for a term which may extend to ~n years, and shall also be liable to fine.
233. Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of, any die or instrument. for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
234. Whoever makes or mends, or performs any pelt of the process of making or mending, or buys, soils or disposes of, any die or instrument, for the purpose of counterfeiting the corn of the Union, shall be punished with imprisonment of either de­scription for a term which may extend to seven years. and shall also be liable to fine.
235. Whoever is in possession of any instrument or material, for the purpose of using the same for counterfeiting coin, or knowing or having reason to believe that the same is intended to be used for the purpose, shall be punished with im­prisonment of either description for a term which may extend to three years, and shall also be liable to fine;
and if the coin to be counterfeited is the coin of the Union1, shall be punished with imprisonment of either descrip­tion for a term which may extend to ten years, and shall also be liable to fine.
................................................................
1. Substituted by the Union of Burma (Adaptation of Laws)Order, 1948.
236. Whoever, being within the Union of Burma, abets the counterfeiting of coin out of the Union of Burma shall be punished in the same manner as if he abetted the counterfeiting of such coin within the Union of Burma.
237. Whoever imports into the Union of Burma, or exports thereforom, any counterfeit coin, knowing or having reason ‘to believe that the same is counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
238. Whoever imports into the Union of Burma, or exports, any counterfeit coin which he knows or has reason to be­lieve to be a counterfeit of the coin of the Union1, shall be pun­ished with transportation for life, or with imprisonment of either description for a tern which may extend to ten years, and shall also be liable to fine.
239 Whoever, having any counterfeit coin which at the time when he became possessed of it he knew to be counterfeit, fraudulently or with intent that fraud may be committed, deliv­ers the same to any person, or attempts to induce any person to receive it, shall be punished with imprisonment of either de­scription for a term which may extend to five years, and shall also be liable to fine.]
240. Whoever, having any counterfeit coin which is a Counterfeit of the coin of the Union1, and which at the time when he became possessed of it he knew to be a counterfeit of the Union1, fraudulently or with intent that fraud may be com­mitted, delivers the same to any person, or attempts to induce any person to receive it, shall be punished with imprisonment of either description for a term which may extend to ten years, and sb4l~e liable to fine.
............................................................
1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.
241. Whoever delivers to any other person as genuine or attempts to induce any other person to receive as genuine any counterfeit coin which he knows to be counterfeit, but which he did not know to be counterfeit at the time when he took it into his possession, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which may extend to ten times the value of that coin counterfeited or with both.
Illustration
A, a coiner, delivers counterfeit rupees to his accomplice B, for flu purpose of uttering them. B sells the rupees to C, another utterer, who buy them knowing them to be counterfeit C pays away the rupees for goods to 1), who receives them, not knowing them to be counterfeit. D after receiving the rupees discovers that they are counterfeit and pays them always as if they were good. Here D is punishable only under this section, but B and C are punishable under section 239 or 240, as the case may be.
242. Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
243. Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin which is a counterfeit of the coin of the Union, having known at the time when he became possessed of it that it was counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
244. Whoever, being employed in any mint lawfully established in the Union of Burma, does any act, or omits what I he is legally bound to do, with the intention of causing an~ coin issued from that mint to be of a different weight or composition from the weight or composition fixed by law, shall be puns. ed with imprisonment or either description for a term which may extend to seven years, and shall also be liable to fine.
................................................
1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.
245. Whoever, without lawful authority, takes out of any mint lawfully established in the Union of Burma any coining tool or instrument, shall be punished with imprisonment of ei­ther description for a term which may extend to seven years, and shall also be liable to fine.
246. Whoever fraudulently or dishonestly performs on any coin any operation which diminishes the weight or alters the composition of that coin shall be punished with imprisonment of either description for a term which may extend to three years, and shall be liable to fine.
Explanation-- A person who scoops out part of the coin and puts anything else into the cavity alters the composition of that corn.
247. Whoever fraudulently or dishonestly performs on any of the coin of the Union any operation which diminishes the weight or alters the composition of that coin shall be pun­ished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
248. Whoever performs on any coin operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, shall be pun­ished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
249. Whoever performs on any of the coin of the Union 1 any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of different description, shall be punished with imprisonment of either de­scription for a term which may extend to seven years, and shall also be liable to fine.
250. Whoever, having coin in his possession with respect to which the offence defined section 246 or 248 has committed, and having known at the time when he became possessed of such coin that such offence had been committed with respect to it, fraudulently or with intent any that fraud may be committed delivers such coin to any other person, or attempts to induce other person to receive the same, shall be punished with imprisonment of either description for a term which may extend to five y and shall be liable to fine.
251. Whoever, having coin in his possession with respect to which the offence defined section 247 or 249 has committed, and having known at the time when he became
Possessed of such coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed delivers such coin to any other person, or attempts to induce other person to receive the same, shall be punished with imprisonment of either description for a term which may extend to ten y and shall be liable to fine.
252. Whoever, fraudulently or with intent that may be committed, is in possession of coin with respect to the offence defined in either of the section 246 or 248 has committed, having known at the time of becoming possessed thereof that such offence had been committed with respect to such co' shall be punished with imprisonment of either description for at which may extend to three years, and shall also be liable to fine.
253. Whoever fraudulently or with intent that fraud may be committed, is in possession of coin with respect to win the offence defined in either of the section 247 or 249 has b committed, having known at the time of becoming possessed thereof such offence had been committed with respect to such coin, s be punished with imprisonment of either description for a tern wind may extend to five years, and shall also be liable to fine.
254. Whoever, delivers to any other person as genuine me or as a coin of a different description from what it is, or attempt to induce any person to receive as genuine or as a different coin from what it is, any coin in respect of which he knows that any such operation as that mentioned in section 246,247, when he took I into his possession, know that such operation had been performed shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which fine to an amount which may extend to ten times the value of the coin which the altered coin is passed or attempted to be passed.
Explanation. --A person commits this offence. who coun­terfeits by causing a genuine stamp of one denomination to ap­pear like a genuine stamp of a different denomination.
256. Whoever has in his possession any instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by Government for the pur­pose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
257. Whoever makes or performs any part of the pro­cess of making, or buys, or sells, or disposes of, any in instrument for the purpose of being used, or knowing; or having reason to believe that it is intended to be used, for the purpose of counter­feiting any stamp issued by Government for the purpose of rev­enue, shall be punished with imprisonment of either descrip­tion for a term which may extend to seven yearn, and shall be liable to fine.
258. Whoever sell; or offers for sale, any stamp which he knows or has reason to believe to be a counterfeit of any stamp issued by Government for the purpose of revenue shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine
255. Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any stamp issued by (3ov-eminent for the purpose of revenue shall be punished with trans­portation for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
259. Whoever has in his possession any stamp which he knows to be a counterfeit of any stamp issued Government for the purpose of revenue, may be used as a genuine stamp, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
260. Whoever uses as genuine any stamp, knowing it to be a counterfeit of any stamp issued Government for the purpose of revenue, shall be punished with imprisonment of their description for a term which may extend to seven with fine, or with both.
261. Whoever, fraudulently or with intent to loss to Government, removes or effaces from any substance, bearing any stamp issued by Government for the purpose revenue any writing or document for which such stamp which has been used, or removes from any writing or document, in order that such stamp may be used for a different writing document, shall be punished with imprisonment of either description for a term which may extend to three years, or fine, or with both.
262. Whoever, fraudulently or with intent to loss to Government, uses for any purpose a stamp issued by Government for the purpose of revenue, which be knows to.~ have been used, ~sha1l be punished with imprisonment of either them description for a term which may extend to two years, or with fine, or with both.
263. Whoever, fraudulently or with intent to cause loss to Government, erases or removes from a stamp issued by Government for the purpose of revenue any mark put or impressed upon such stamp for the purpose of denoting that, the same has been from which such mark has been erased or removed, or sells or disposes at any such stamp which be. knows to have been used, shall be punished with imprison­ment of either description for a term which may extend to three years, or with fine, or with both.
263A. (1) Whoever--
(a) makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly uses for any postal purpose any fictitious stamp, or
(b) has in his possession, without lawful excuse, any fictitious stamp, or
(c) makes or without lawful excuse has in his posses­sion any die, plate, instrument or materials for making~ any fictitious stamp, shall be punished with fine which may extend to two hundred ru­pees.
(2) Any such stamp, die, plate, instrument or ma­terials in the possession of any person for making any fictitious stamp may be seized and shall be forfeited.
(3) In this section "fictitious stamp" means any stamp falsely purporting to be issued by Government for the purpose of denoting a rate of postage or any facsimile or imitation or representation, whether on pa­per or otherwise, of any stamp issued by Government for that purpose.
(4) In this section and also in sections 255 to 263, both inclusive, the word "Government", when used in connection with, or in reference to, any stamp issued for the purpose of denoting a rate of postage, shall, not­withstanding anything in section 17, be deemed to in­clude the person or persons authorized by law to admin­ister executive government in any part of India or Paki­stan, and also in any part of His Britannic Majesty's do-minions or in any foreign country.

CHAPTER XIII
OF OFFENCES RELATING TO WEIGHTS AND MEASURES

264. Whoever fraudulently uses any instrument for weighing which he knows to be false shall be punished with imprisonment of either description for a term which may ex­tend to one year, or with fine, or with both.
265. Whoever fraudulently uses any false weight or false measure of length or capacity, or fraudulently uses any weight or any measure of length or capacity as a different weight or measure from what it is, shall be punished with imprison­ment of either description for a term which may extend to one year, or with fine, or with both
266. Whoever is in possession, of any instrument for~ weighing, or of any weight, or of any measure of length or ca­pacity, which he knows to be false, and intending that the same may be fraudulently used, shall be punished with imprisonment of either description for a term, which may extend to one year, or with fine, or with both.
267. Whoever makes, sells or disposes of any instru­ment for weighing, or any weight, or of any measure of length or capacity, which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be punished with imprisonment of either description for a term which may extend to one year, or wth fine, or with both.

CHAPTER XIV
OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE,
DECENCY AND MORALS

268. A person is guilty of a public nuisance who does any act or is guiltyto an illegal omission which causes any com­mon injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who have occasion to use any public right.
A common nuisance is not excused on the ground that it causes some convenience or advantage.
269. Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
271. Whoever knowingly disobeys any rule made and promulgated by the Government for putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, or for regulating the intercourse between places where an infectious disease prevails and other place, shall be punished with impris­onment of either description for a term which may extend to six month, or with fine, or with both.
272. Whoever adulterates any article of food or drink so as to make such article noxious as food or drink, intending to sell such article as food or drink or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
273. Whoever sales, or offers or exposes for sale, as food or drink, any article which has been rendered or has be­come noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished with imprisonment either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both..
274. Whoever adulterates any drug or medical prepara­tion in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it nox­ious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medicinal purpose as if it had not undergone such adulteration, shall be punished with imprisonment of either description for a term which may extend to six month or with fine which may extend to one thou­sand rupees, or with both.
275. Whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its_ efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dis­pensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
276. Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purpose, any drug or medical preparation as a different drug or medical prepa­ration shall be punished with imprisonment of either descrip­tion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
277. Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
278. Whoever voluntarily vitiates the atmosphere in any place, so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees.
279. Whoever drives any vehicle or rides on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to [two years],1 or with fine which may ex­tend to one thousand rupees, or with both.
279A. Whoever throws or causes to fall or strike at, against, into or upon any vehicle in public place, any wood, stone, acid or other mailer or thing, with intent or knowledge that he is likely to endanger the safety of any person being in or upon such vehicle, shall be punished with imprisonment of either descrip­tion for a term which may extend to one year, or with fine which may extend to five hundred r~1pees, or with both.
Explanation. 1.-- For the purpose of this section, "ve­hicle" means a wheeled conveyance capable of being used on a street.
Explanation. 2 -- It is not an offence punishable under this section to throw water at any vehicle in a public place dur­ing the Thingyan Festival.
Explanation. 3. -- Nothing contained in this section shall be deemed to prevent any person from being prosecuted under any other section of this Code or under any other law for any act or omission.
280. Whoever navigates any vessel in manner so rash Or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person shall be punished with imprison­ment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
281. Whoever exhibits any false light, mark or buoy, intending or knowing it to likely that such exhibition will mis­lead any navigator, shall be punished with imprisonment of ei­ther description for a term which may extend to seven years, or with fine, or with both.
282. Whoever knowingly or negligently conveys or causes to be conveyed for hire any person by water in any ves­sel, when that vessel is in such a state or so loaded as to endan­ger the life of that person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
283. Whoever, by doing any act or by omitting to take to order with any property in his possession-or under his causes danger, obstruction or injury to any person in any way or public line of navigation shall be punished with fine which may extend to two hundred rupees.
284. Whoever does with any poisonous substance any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person.
or knowingly or negligently omits to take such order with any poisonous substance1' in his possession as is sufficient to guard against probable danger to human life from such poison­ous substance,
shall be punished with imprisonment of either descrip­tion for term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
285. Whoever does with fire or any combustible matter any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person,
or knowingly~, or negligently omits to take such order with any fire or any combustible matter in' his possession is sufficient to guard against any probable danger to human life from such fire or combustible matter,
shall be punished with imprisonment of either description [for at term which may extend to three years, and shall also be liable to fine.]*
286. Whoever does with any explosive substance any act so rashly or negligently as to endanger human life, or. t6~ be likely to cause hurt or injury to any other person,
or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance,
shall be punished with imprisonment of either descrip­tion for a term which may extend to [three years, and shall also be liable to fine.]1
287. Whoever does with any machinery any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person,
or knowingly or negligently omits to take such order with any machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery,
shall be punished with imprisonment of either descrip­tion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
288. Whoever in pulling down or repairing any build­ing knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human lii~ from the fall of that building, or of any part thereof, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
289. Whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any prob­able danger of grievous hurt from such animal, shall be pun­ished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees or with both.
290. Whoever commits a public nuisance in any case not otherwise punishable by this Code shall be punished with fine which may extend to two hundred rupees.
291. Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful au­thority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.
292. Whoever
(a) sell, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purpose of sale, hire, distribution, pub-lie exhibition or circulation, makes, pro­duces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or
(b) imports, exports or conveys any obscene ob­ject for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distrib­uted or publicly exhibited or in any man­ner put into circulation, or
(c) takes part in or receives profits from any busi­ness in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes afore­said, made, produced, purchased, kept, imported, exported, conveyed~ publicly exhibited or in any manner put into circu­lation or
(d) advertises or makes known by any means whatsoever that any' person is engaged or is ready to engage. in any act which is an offence under this section or that any such obscene object can be procured from or through any person,. or
(e) offers or attempts to do any act which is an offence under this section, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
Exception. - This section does not extend to any book, pamphlet, writing, drawing or painting kept or used bona fide for religious purposes or any representation sculpture engrave painted or otherwise represented on or in any temple, or on any car used for the convey­ance of idols, or kept or used for any reli­gious purpose.
293. Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any such obscene object as is referred to in the last preceding section, or offers or attempts so to do, shall be punished with imprisonment of either description for a term which may extend to six moths, or with fine, or with both.
294. Whoever, to the annoyance of others, --
(a) does any obscene act in any public place, or
(b) sings, recites or utters any obscene songs, bal­lad or words in or near any public place.
shall be punished with imprisonment of either description for a term which may extend to three moths, or with fine, or with both.
294A. Whoever keeps any office or place for the pur­pose of drawing any lottery [or promoting or conducting any lottery]1 not authorized by Government shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
[Whoever]2 punishes any proposal to pay any sum, or to deliver any goods or to do or forbear doing anything for the ben­efit of any person on any event of contingency relative or appli­cable to the drawing of any ticket, lot, number or figure in any such lottery [or to the conduct of any such lottery]1, shall be punished with fins which may extend to one thousand rupees.
[Whoever distributes or offers or advertises for distribu­tion any tickets or chances in any lottery otherwise than by way of sale, upon receipt of the full sale price thereof, as stated on the ticket, shall be punished with fine which may ‘extend to one thousand kyats.]1

CHAPTER XV
OF OFFENCES RELATING TO RELIGION

295. Whoever destroys, damages or defiles any of worship, or any object held sacred by any class or person with the intention of thereby insulting the religion of any of person or with the knowledge that any class of likely to consider such destruction, damage or defilement as insult to their religion, shall be punished with either description for a term which may extend to two ye or with fine, or with both
295A. Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of [persons dent in the Union]1 by words, either spoken or written, or by visible respentations, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
296. Whoever voluntarily causes disturbance to assembly lawfully engaged in the performance of the religious worship or religious ceremonies shall be punished with imprisonment of either description for a term which may to one year, or with fine, or with both
297. Whoever, with the intention of wounding the feel­ings of any person or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship. or any place of sepulture, or any place set a part for the performance of funeral rites or as depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term Which may extend to one year, or with fine, or with both.
298. Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, shall be punished~ with imprisonment of either description for a term which may be extend to one year, or with fine or with both.

CHAPTER XVI
OF OFFENCE AFFECTING THE HUMAN BODY

299. (1) Whoever causes death by doing an Act with the intention of causing such bodily injury as is likely to cause death commits the offence of culpable homicide not amounting to murder.
(2) Whoever causes death by doing an Act with the intention of causing death, or with the intention of causing such bodily injury as in fact is sufficient in the ordinary course of nature to cause death, commits the offence of culpable homi­cide not amounting to murder in any of the following cases:-­
(A) If he, whilst deprived of the power of self -control by grave and sudden provocation, causes the death of the person who gave the provocation, or causes the death of any other person by mistake or accident:
Provided- -
First.-- That the provocation is not sought or vol­untarily provoked by the offender as an excuse for killing or doing harm to any person;
Secondly-- That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant; and
Thirdly. That the provocation is not given by anything done in the lawful exercise of the right of private defence.
Explanation.-- Whether the provocation was grave and sudden enough to deprive the offender of the power of self - control is question of fact.
(B) If he, in the exercise in good faith of the right of private defence of person or property, exceeds the power given. to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation and without any intention of doing more harm than is necessary for the purpose of such defence.
(C) If he, being a public servant or aiding a public servant for the advancement of public justice, exceeds the pow­ers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of the duty of such public servant and without ill - will towards the person whose death is caused.
(D) If he, acts without premeditation in a sudden fight the heat of passion upon a sudden quarrel and without having taken undue advantage or acted in a cruel or unusual manner.
Explanation.-- It is immaterial in such cases which party offers the provocation or commits the first assault.
(E) If he, causes the death of a person who is above the age of eighteen years and who suffers death or takes the risk of death with his own consent.
1300. Whoever, in the absence of any circumstance which makes the act one of culpable homicide not amounting to mur­der, causes death by doing an act with the intention of causing death, or with the intention of causing bodily injury as in fact is sufficient in the ordinary course of nature to cause death, com­mits the offence of murder.
1300A. In sections 299 and 300--.
(a) a person who causes bodily injury to another who is labouring under a disorder, discase or bodily in­firmity, and thereby accelerates the death of that other, shall be deemed to have caused his death's.
.................................................................
1Sustituted by Act XXVII, 1960
(b) where death is caused by bodily injury, the offender's knowledge of the weakness or infirmity of the person on whom the bodily injury is inflicted is a relevant factor in proving the nature of his inten­tion;
(c) the offender's knowledge an act is so imminently dangerous that it must in all probability cause death, or such bodily injury as is likely to cal4se deaths, is a relevant factor in proving the nature of his intention;
(a) where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death although by resorting to proper remedies and skilful treatment the death might have been prevented;
(e) the causing of the death of a child in the mother's womb is not homicide.
But it may amount to culpable homicide to cause the death of a living child if any cart of that child has been brought forth, thought the child may not have breathed or been completely born.
1301. If a person, by doing anything which he intends or knows to be likely to cause death, commits an offence by caus­ing tie death of any person whose death he neither intends nor knows himself to be likely to cause, the offence committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.
Explanation.-- In this section the word "offence" means an offence described in section 299 or section 300 or section 304A.
1302.(1) Whoever commits murder --
(a) being under sentence of transportation for life or
(b) with premeditation, or
(c) in the course of committing any offence pun­ishable under this Code with imprisonment for a term which may extend to seven years, shall be punished with death, and shall also be liable to fine.
(2) Whoever commits murder in any other case shall be punished with transportation for life, or with rigorous im­prisonment for a term which may extend to ten years, and shall also be liable to fine.
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1 Substituted by Act XXVII, 1960
Explanation.-- Whether an act is premeditated is a question of fact.
303.* * *
1304. Whoever commits Culpable homicide not amount­ing to murder shall be punished with transportation for life, or imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
2304A Whoever causes the death of any person by doing any rash or negligent act not punishable as culpable homi­cide or murder shall be punished with imprisonment of either description for a term which ~nay extend to seven years, and shall also be liable to fine: provided that, if such act is done with the knowledge that it is likely to cause death, the term of imprisonment may extend to ten years.
305. If any person under eighteen years of age, any in­sane person, any delirious person, any idiot, or any person ma state of intoxication commits suicide, whoever abets the com­mission of such suicide shall be punished with death or trans­portation for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine.
306. If any person commits suicide, whoever abets the commission of such suicide shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
307. Whoever does any act with such intention [***] 3 and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with im­prisonment of either description for a term which may extend to ten years, and shall also be liable to fine: and, if hurt is caused to any person by such act, the offender shall be liable either to transportation for life, or to such punishment as is here in before mentioned.
When any person offending under this section is under sentence of transportation for life he may, if hurt is caused , be punished with death.
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1. Substituted by Act XXVII, 1960
2. Substituted by Act LII, 1948. .
3. The words "or knowledge" were omitted by Act XXXIII 1947

Illustrations
(a) A should at Z with intention to kill him, under such circumstances that, if death ensued, A would be guilty of murder. A is liable to punishment under this dection.
(b) A with the intention of causing the death of a child of tender years exposes it in a desert place. A has committed the offence defined by this section, though the death of the child does not ensue.
(c) A. intending to murder Z, buys gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section, and if by such firing he wounds Z he is liable to the punishment provided by the latter part of first paragraph of this section.
(d) A, intending to murder Z by posion, purchases posion and mixes the same with food which remains in A's keeping: has nor yet committed the offence in this section. A places the food on Zs table or delivers it to Z's servants to place it on Z's table. A has committed the offence defined in this section.
308. Whoever does any act with such intention (* * *) 1 and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide or amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may ex­tend to~ seven years, or with fine, or with both.
Illustrations
A, on grave and sudden provocation fires a pistol at Z, under such circumstance that if he thereby caused death he would be guilty of capable homicide not amounting to murder. A has committed the offence defined in this section.
309. Whoever attempts to commit suicide, and does any act towards the commission of such offence, shall be punished with imprisonment of either description for a term which may ex­tend to one year, or with fine, or with both.
310. Whoever shall have been habitually associated with any other or others for the purpose committing robbery or child - stealing by means of or accompanied with murder is a thug.
311. Whoever is a thug shall be punished with transpor­tation for life, and shall also be liable to fine.
Of the causing of Miscarriage, of Injuries to unborn Children,
of the Exposure of infants, and of the Concealment of Births.
312. Whoever voluntarily causes a woman with child to miscarry shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be' quick with child, shall be punished with imprisonment of ei­ther description for a term which may extend to seven years, and shall also be liable to fine.
Explanation.-- A woman who causes herself to miscarry is within the meaning of this section.
2312A. Whoever intentionally does sterilization by surgery to a woman shall , unless such sterilization is certified by the Board appointed by the Government in this to be necessary for reasons of physical or mental health, be punished with im­prisonment for a term which may extend to three years, and shall also be liable to fine: Provided that in cases where immediate action must be taken in order to save the life of the woman no such certificate is necessary.
2312B. Whoever intentionally does sterilization by sur­gery to a man shall , unless such sterilization is certified by the Board appointed by the Government in this behalf to be neces­sary for reasons of physical or mental health, be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.
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1. The words "or knowledge" were omitted by Act XXX III, 1947
2. Inserted by R.C. Law VII, 1963.
2312C. Whoever voluntarily allows oneself to be steril­ized by surgery, unless such sterilization is certified by the Board appointed by Government on this behalf to be necessary for rea­sons of physical or mental health, shall be punished with im­prisonment for a term which may extend to three years, an~ shall also be liable to fine.
2312D. Whoever intentionally does sterilization by sur­gery to any person thereby causing the death of such person shall, unless such sterilization is certified by the Board appointed by Government in this behalf to be necessary for reasons of physi­cal or mental health, be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine.
313. Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with transportation for life, or with imprisonment of either descrip­tion for a term which may extend-to seven years, and shall also be liable to fine.
314. Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman shall be punished with imprisonment of either descrip­tion for a term which may extend to ten years, and shall also be liable to fine
and if the act is done without the consent of the woman, shall be punished either with transportation for life, or with the punishment above mentioned.
Explanation.-- It is not essential to this offence that the offender should know that the act is likely to cause death.
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1. Inserted by R.C. Law VII, 1963
315. Whoever, before the birth of any child, act with the intention of thereby preventing that child from born alive or causing it to die after its birth, and does by prevent that child from being born alive, or causes it to die birth, shall, if such act be not caused in good faith for the of saving the life of the mother, be punished with either description for a term which may extend to ten years, shall be liable to fine.
1316. Whoever without lawful excuse does any knowing that he is likely to case death to a pregnant woman, does by such act cause the death of a quick unborn child, be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine.
317. Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention wholly abandoning such child shall be punished with imprisonment of either description for a term which may extend to seven years and shall be liable to fine.
Explanation.-- This section is not intended to prevent th4 trial of the offender for murder or culpable homicide, as the case may be, if the child die in consequence of the exposure.
318. Whoever, by secretly burying or otherwise disposing of the dead body of a child, whether such child die before or after or during is birth, intentionally coneals or endeavours to conceal the birth of such child shall be punished with imprisonment)f either description for a term which may extend to two years, an ;hall be liable to line.
Of Hurt
319. Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
320. ‘the following kinds of hurt only are designated as "grievous"
First.-- Emasculation.
Secondly-- Permanent privation of the sight of either eye.
Thirdly.-- Permanent privation of the hearing of either ear.
Fourthly-- Privation of any member or joint.
Fifthly -- Destruction or permanent imparing of the powers of any member or joint.
Sixthly-- Permanent disfiguration of the head or face.
Seventhly. -- Fracture or dislocation of a bone or tooth.
Eighthly. -- Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe I bodily pain, or unable to follow his ordinary pursuits.
321. Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said "voluntarily to cause hurt"
322. Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows 4iimself to be' likely' to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said "voluntarily to cause grievous hurt."
Explanation.-- A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and in-tends or know himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt if intending or know-1mg himself to be likely to cause grievous hurt of one kind he actually causes grievous hurt of another kind.
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1. Substituted by Act XXXIII. 1947
Illustrations
A , intending or knowing himself to be likely permanently to disfigure Z's face, gives a blow which does not permanently disfigure Z's face, bit. which causes Z ~o suffer serve bodily pain for the space of twenty days, A -has vol~itari1y caused grievous hurt.
323. Whoever, except in the case provided for by section 334, voluntarily causes hurt shall be punished with imprison­ment of either description for a term which may extend to one year, or with fine, which may extend to one thousand rupees, or with both
324. Whoever, except in the case provided for by sec­tion 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or shall be punished with imprisonment of either ‘description for a term which may extend to three year, or with fine, which may extend to one thousand rupees, or with both.
325. Whoever, except in the case provided for by sec­tion 335, voluntarily causes grievous hurt shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
326. Whoever, except in the case provided for by sec­tion 335, voluntarily causes grievous hurt by means of any instru­ment for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, by moans of any posion or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or receive into the blood, or by an animals, animals, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also lx liable to fine.
327. Whoever voluntarily causes hurt for the purpose of extorting I7rom the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do any thing which is illegal or which may facilitate the commission of an offence. shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
328. Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or un­wholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
329. Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer, or from any person inter­ested in the sufferer any property or valuable security, or of con­straining the sufferer or any person interested in such sufferer to do anything that is illegal or which may facilitate the commis­sion of an offence, shall be punished with transportation for life, or imprisonment of either description for a term which may ex­tend to ten years, and shall also be liable to fine.
330. Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or any person interested in the sufferer, any confession or an information which may lead to the detection of any offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give informa­tion which may lead to the restoration of any property or valu­able security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also liable to fine.
(a) A , police-officer tortures Z in order to induce Z to confess he committed a crime A is guilty of an offence under this section.
(b) A police-officer tortures B to induce him to point out certain stolen property is deposited, A is guilty of an offence under section.
(c) A , a revenue officer tortures Z in order to compel him to -certain arrers of revenue due from Z. A is guilty of an offence under section.
(d) A , a landlord, tortures a tenant in order to compel him to pay his rent. A is guilty of an offence under this section.
331. Whoever, voluntarily causes grievous hurt for purl pose of extorting from the sufferer, or any person interested in the -~ sufferer, any confession or any information which may lead to the detection of an offence or misconduct or for the purpose of con­straining the sufferer or any person interested in the sufferer to; restore or to cause the restoration of any property or valuable security, or to satisfy any claim of demand, or to give information which may lead to the restoration of any property or valuable se­curity, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
332. Whoever, voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or order that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servants, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
333. Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant3 or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty a~ such public servant, shall be punished with imprisonment of ei­ther description for a term which may extend to ten years, and shall also be liable to fine.
334. Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which extend to one month, or with fine which may extend to five hundred rupees, or with both.
335.- Whoever voluntarily causes grievous hurt on grave and sudden Provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with im­prisonment of either description for a term which may extend four years, or with fine which may extend to two thousand ru­pees, or with both.
Explanation-- The last two section are subject to the same provisos as (Exception 1, section 300)1
2 336. Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.
2 337. Whoever Causes hurt to any person by doing any act so rashly or negligently as to endanger human life or the personal safety of others shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
2338. Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life or the personal safety of others shall be punished with im­prisonment of either description for a term which may extend to five years, and shall also be liable to fine.
Of Wrongful Restraint and Wrongful Confinement
339. Whoever voluntarily obstructs any person, so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.
Exception-The obstruction of a private way over land or water, which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.
Illustration
A obstructs a path along which Z has a right to pass, A not believing -in good faith that he has a right to stop the path. Z is thereby prevented from passing. 4 wrongfully restrains Z.
340. Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond cer­tain circumscribing limits is said "wrongfully to confine" that person.
Explanation
(a) A causes Z to go withing a walled space, and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.
(b) A places man with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building . A wrongfully con­fines Z.
341. Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may ex­tend to one month, or with fine which may extend to five hun­dred rupees, or with both.
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1 .Now clause (A), sub-section (2), sections 299.
2. Amended by Act LII, 1948.
342. Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
343. Whoever wrongfully confines any person for three days or more shall be punished with imprisonment of either de­scription for a term which may extend to two years, or with fine, or with both.
344. Whoever wrongfully confines any person for ten days or more shall be punished with imprisonment of either de­scription for at term which may extend to three years, and shall also be liable to fine.
345. Whoever keeps any person in wrongful confinement knowing that a writ for liberation of that person has been dul­y issued, shell be punished with imprisonment of either description for a term which may extent to two years in addition to any term of imprisonment to which he may be liable under any other section of this chapter.
346. Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the per­son so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any other punish­ment to which he may be liable for such wrongful confinement.
347. Whoever' wrongfully~ confines any person for the purpose of extorting from the person confined, or from any per­son interested in the person confined, any property or valuable security, or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description. for a term which may extend to there years, and shall also be liable to fine.
348. Whoever, wrongfully confines any person for purpose of extorting from the person confined, or any interested in person confined, any confession or any infonnation which may lead to the dection of an offence or misconduct, or for the purpose of constraing the person confined or any person interested in the person confined to restore or to cause the restoration of~ any property or valuable security , or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with impris­onment of either description for a term which may extend to three years, and shall also be liable to fine.
Of Criminal Force and Assault
349. A person is said use force another if he cause motion, change of motion or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other's body, or with anything which that other is wearing or carrying, or with anything situated that such contact affects that other's sense of felling, Provided that the person causing the month in, or change of motion, or cessation of motion in one of the three ways herein after described.
First. -- By his own bodily power.
Secondly.— By disposing any substance in such a manner that the motion or change or cessation of motion takes place with­out further act on his part, or on the part of any other person.
Thirdly.-- By inducing any animal to move, to change is motion, or to cease to move.
350. Whoever intentionally uses force to any person, without that person consent, in order to the committing of any offence, of intending by the use of such force to cause, or know­ing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom force is used, is said to use criminal force to that other.
Illustrations
(a) moorings, and thus intentionally causes the boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is produced without any other action on any person's part. A has therefore intentionally used force to Z; and it he has done so without Z's consent, in order to the committing of any offence or intending or knowing it to be likely that this use of force will cause injury, fear or annoyance to Z, A has used criminal force to Z.
(b) Z is riding in a chariot. A lashes Z's horses and thereby causes them to quicken their pace. Here A has caused change of motion to Z to by inducing the animals to change their motion. A has therefore used force to Z; and if A' has done this without Z's consent, intending or know­ing it to be likely that he may thereby injure, frighten or annoy Z, has used criminal force to Z.
(c) Z is riding in a palanquin. A intending to rob Z seizes the pole and stops the palanquin. Here A has caused cessation of motion to Z, and he has done this by his own bodily power. A has therefore used force to Z; and as A has acted thus intentionally, without Z's consent, in order to the commission of an offence, A has used criminal force to Z
(d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring it into contact with Z He has therefore intentionally used force to Z; and if he has done so without Z's consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z.
(e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z's clothes, or with something carried by Z, or that it will strike water and dash up the water against Z's clothes or something carried by Z. Here if the throwing of the stone produce the effect of causing any substance to come into contact with Z, or Z's clothes, A has used force to Z; and if he did so without Z's consent, intending thereby to injure, frighten, or annoy Z, he has used criminal force to Z.
(f) A intentionally pulls up a woman's veil. Here A inten­tionally uses force to her, and if he does so without her consent intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her.
(g) to be boiling. Here A intentionally by his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or with other water so situated that such contact must affect Z's sense of feeling. A has therefore intentionally used force to Z; and if he has done this without Z's consent intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force.
(h) A incites a dog to spring upon Z, without Z's consent. Here if A intends to cause injury, fear or annoyance to Z, he used criminal force to Z.
351. Whoever makes any gesture or any prepara­tion, intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault.
Explanation. - Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparations such a meaning as may make those gestures or preparations amount to an assault.
Illustrations
(a) A shake his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault.
(b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z.
(c) A takes up a stick saying to Z, "I will give you a beating Here though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circum­stances, might not amount to an assault, the gesture explained by the words may amount to an assault,
352. Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to five hundred rupees, or with both.
Explanation. - Grave and sudden provocation will not mitigate the punishment for an offence under this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence, or
if the provocation is given by anything done in obedience to the law, or by a public servant in the lawful exer­cise of the powers of such public servant, or
if the provocation is given by anything done in the~, lawful exercise of the right of private defence.
Whether the provocation was grave and sudden enough to mitigate the offence is a question of fact.
353. Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either descrip­tion for a term which may extend to two years, or with fine, or with both.
354. Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which ma extend to two years, or with fine, or with both.
355. Whoever assaults of uses criminal force to any person, intending thereby to dishonour that person, other­wise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
356. Whoever assaults or uses criminal force to any person in attempting to commit theft of any property which that person is then wearing or carrying shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
357. Whoever assaults or uses criminal force to any person in attempting wrongfully to confine that person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
358. Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.
Explanation -- The last section is subject to the same explanation as section 352.
Of Kidnapping, Abduction, Slavery and Forced labour
359. Kidnapping is of two kinds kidnapping from the Union of Burma, and kidnapping from lawful guardianship.
360. Whoever conveys any person beyond the lim­its of the Union of Burma without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from the Union of Burma.
361. Whoever takes or entices any minor under fourteen years of age if a male, or under sixteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.
Explanation.-- The words "lawful guardian" in this section include any person lawfully entrusted with the care or custody of such minor or other person.
Exception.-- This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.
362. Whoever by force compels, or by any deceit­ful means induces, any person to go from any place is said to abduct that person.
363. Whoever kidnaps any person from the Union of Burma or from lawful guardianship shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
364. Whoever kidnaps or abducts any person in order that such person may be murdered, or may be so disposed of as to be put in danger of being murdered, shall be punished with transportation for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Illustrations
(a) A kidnaps Z from the Union of Burma, intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section.
(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section.
365. Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully con­fined shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
366. Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her w111~ or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other~ method of compul­sion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.
366A. whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.
366B. Whoever imports into the Union of Burma from any country outside the Union of Burma, any girl under the age of twenty-one years with intent that she may be, or know­ing it to be likely that she will be, forced or seduced to illicit intercourse with another person, [* * *]1 [whether by himself or by another person,] shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.
367. Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to grievous hurt or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to tine.
368. Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person shall be punished in the same manner as if be had kidnapped or abducted such person with the same inten­tion or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement.
369. Whoever kidnaps or abducts any child under the age often years, with the intention of taking dishonestly any moveable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
370. Whoever imports, exports, removes, buys, sells or disposes of any person as a salve, or accepts, receives or detains against his will any person as a salve, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
371. Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves shall be punished will transportation for life, or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
372. Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either descrip­tion for a term which may extend to ten years, and shall also be liable to fine.
...................................................................
1 Omitted by the Union of Burma (Adaptation of Laws) Order. 1948.
2 The words ~r brackets should also have been omitted.
Explanation 1.-- When a female under the age of eighteen years .., sold, let for hire or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
Explanation 2.-- For the purposes of this section "illicit intercourse" means sexual intercourse between person not united by marriage or by any union or tie which, though not amounting to a marriage, is recognized by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation.
373. Whoever buys, hires or otherwise obtains possession of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any ~age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation 1. - Any prostitute or any person keep­ing or managing a brothel who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.
Explanation 2.-- "Illicit intercourse" has the same meaning as in section 372.
374. Whoever unlawfully compels any person to labour against the will of that person shall punished with imprisonment, of either description for a term which may extend to one year, or with fine, or with both.
Of Rape
375. A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the five following descriptions
First.-- Against her will.
Secondly.-- Without her consent.
Thirdly-- With her consent, when her consent has been obtained by putting her in fear of death or of hurt.
Fourthly. -- With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
Fifthly. -- —With or without her consent, when she is under fourteen years.
Explanation.-- Penetration is sufficient to consti­tute the sexual intercourse necessary to the offence of rape.
Exception.-- Sexual intercourse by a man with his own wife, the wife not being under thirteen years of age, is not rape.
376. Whoever commits rape shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, unless the woman raped is his own wife and is not under twelve years of age, in which case he shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Of Unnatural Offences
377. Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

CHAPTER XVII
OF OFFENCES AGAINST PROPERTY

Of Theft
378. Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking is said to commit theft.
Explanation 1.-- A thing so long as it is attached to the earth, not being moveable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.
Explanation 2.-- A moving effected by the same act which effects the severance may be a theft.
Explanation 3 .-- A person is said to cause a thing to move by removing an obstacle which prevented it from mov­ing, or by separating it from any other thing, as well as by actu­ally moving it.
Explanation 4.-- A person who by any means causes an animal to move is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.
Explanation 5.-- The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied.
Explanation.-- Penetration is sufficient to consti­tute the carnal intercourse necessary to the offence described in this section.
Illustrations
(a) A cuts down a tree on Z's ground, with the intention of dishonestly taking the tree out of Z's possession without Z's consent. Here, as soon as A has severed the tree in order to such taking he has committed theft.
(b) A puts a bait for dogs in his pocket, and thus induces Z's dog to follow him. Here, if A's intention be dishonestly to take the dog out of Z's possession without Z's consent, A has committed theft as soon as Z's dog has begun to follow A.
(c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction' in order that he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the treasure.
(d) A being Z's servant, and entrusted by Z with the care of Z's plate, dishonestly runs away with the plate, without Z's consent. A has committed theft.
(e) Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z's possession. It could not therefore be taken out of Z's possession, and A has not committed, theft, though he may have committed criminal breach of trust.
(f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z's possession, and if A dishonestly removes it, A commits theft.
(g) A finds a ring lying on the high-road, not in the posses­sion of any person. A by taking it, commits no theft, though he may commit criminal misappropriation or property.
(h) A sees a ring belonging to 2 lying on a table in Z's house. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improb­able that will ever be found by 2, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft.
(i) A delivers his watch to Z, a jeweller, to be regulated. A carries it to his shop. A not owing to the jeweller any debt for which the jeweller might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z's hand, and carries it away. Here A, though he may have committed criminal trespass and assault, has not committed theft, in as much as what he did was not done dishonestly.
(j) If A owes money to 2 for reparing the watch, and if 2 retain the watch lawfully as security for the debt, andA takes the watch out of Z's possession,
with the intention of depriving 2 of the property as a security for his debt, he commits theft, in as much as he takes it dishonestly
(k) Again, if A , having pawned his watch to 2, takes it out of Z's possession without Z's consent, not having paid what he borrowed on the watch, he commits theft, though the watch is his own property, m as much as he takes it dishonestly
(l) A takes an article belonging to 2 out of Z's possession without Z's consent, with the intention of keeping it until he obtains money from 2 as a reward for its restoration. Here A takes dishonestly A has therefore committed theft.
(m) A, being on friendly terms with Z, goes into Z, library in Z's absence, and takes aways a book without Z's express consent for the purpose merely of reading it, and with the intention of returning it. Here, it is probable that A may have conceived that he had Z's implied consent to use Z's book. If this was A's impression, A has not committed theft.
(n) A asks charity from Z's wife. She gives A money food and clothes, which A knows to belong to 2, her husband. Here it is prob­able that A may conceive that Z ‘s wife is authorized to give away alms. If this was A's impression, A has not committed theft.
(o) A is the paramour of Z's wife. She gives A valuable property, which A knows to belong to her husband Z, and to be such prop­erty as she has not authority from Z to give. If A takes the property dishon­estly, he commits theft.
(p) A, in good faith, believing property belonging to Z to be A's own property, takes that property out of B's possession. Here, as A does not take dishonestly, he does not commit theft.
379. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
380. Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwell­ing, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
381. Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer shall be punished with imprisonment of either descrip­tion for a term which may extend to seven years, and shall also be liable to fine.
382. Whoever commits theft, having made. ,reparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft, or in order to the retaining of prop­erty taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Illustrations
(a) A commits theft of property in Z's possession: and, while committing this theft he has a loaded pistol under his garment hav­ing provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section.
(b) A picks Z's pocket, having posted several of his com­panions near him in order that they may restrain 2 if 2 should perceive what is passing and should resists or should attempt to apprehend A. A has committed the offence defined in this section.
Of Extortion
383. Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishon­estly induces the person so put in fear to deliver to any person any property or valuable security or anything signed or sealed which may be converted into a valuable security, commits "extortion."
Illustrations
(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion.
(b) A threatens 2 that he will keep Z's child in wrongful confinement, unless 2 will sign and deliver to A a promissory note binding 2 to pay certain money to A. Z signs and delivers the note. A has committed extortion.
(c) A threatens to send club-men to plough up Z's field unless 2 will sign and deliver to B a bond binding 2 under a penalty to deliver certain produce to B, and thereby induces 2 to sign and deliver the bond. A has committed extortion.
(d) A, by putting 2 in fear of grievous hurt, dishonestly induces 2 to sign or affix his seal to a blank paper and deliver it to A. 2 signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security, A has committed extortion.
384. Whoever commits extortion shall be pun­ished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
385. Whoever, in order to the committing of extortion, put any person in fear, or attempts to put any person in fear, of any injury shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
386. Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other shall be punished with imprisonment of either description for a term which may extend to ten years. and shall also be liable to fine.
387. Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other shall be punished wit1~ imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
388. Whoever commits extortion by putting any person in fear of an accusation against that person or any other of having committed or attempted to commit any offence pun­ishable with death, or with transportation for life, or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment of either descrip­tion for a term which may extend to ten years, and shall also be liable to tine; and, if the offence be one punishable under section 377, may be punished with transportation for live.
389. Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, aganst that person or any other, of having commit­ted, or attempted to commit, any offence punishable with death or with transportation for life, or with imprisonment for a term which may extend to ten years, shall be punished with impris­onment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be punishable under section 377, may be punished with transpor­tation for life.
Of Robbery
390. In all robbery there is either theft of extor­tion.
Theft is "robbery' if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt or of instant wrongful restraint.
Extortion is "robbery" if the offender, at that time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.
Explanation - The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongfully restraint.
Illustrations
(a) A holds Z down, and fraudulently takes Z's money and jewels from Z's clothes, without Z's consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.
(b) A meets 2 on the high road, shows a pistol, and demands Z's purse. 2 in consequence, surrenders his purse. Here A has extorted the purse from 2 by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery
(c) A meets 2 and Z's child on the high-road. A takes the child, and threatens to fling it down a precipice unless 2 delivers his purse. 2, in consequence, delivers his purse. Here A has extorted the purse from by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z.
(d) A obtains property from 2 by saying - "Your child is in the hands of my gang and will be put to death unless you send us ten thousand rupees." This is extortion, and punishable as such; but it is not robbery unless Z is put in fear of the instant death of his child.
391. When five or more persons conjointly com­mit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery and persons present and aiding such commission or attempt amount to five or more, every person so committing, attempting or aiding is said to commit "dacoity."
392. Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.
393. Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
394. If any person, in committing or in attempt­ing to commit robbery, yaluntarily causes hurt, such person, and any other person jointly concerned in committing or attempt­ing to commit such robbery, shall be punished with transporta­tion for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
395. Whoever commits dacoity shall be punished' with transportation for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
396. If any one of five or more person, who are conjointly committing dacoity, commits murder in so commit­ting dacoity, every one of those persons shall be punished with death, or transportation for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
397. If, at the time of committing robbery or dacoity, the offender * * * * causes grievous hurt to any person, or attempts to causes death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.
398. * * * *
399. Whoever makes any preparation for commit­ting dacoity shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
400, Whoever shall belong to a gang of persons associated for the purpose of habitually committing dacoity shall be punished with transportation for life, or with rigorous imprisonment for a term which may extend to ten years, and• shall also be liable to fine.
401. Whoever shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
402. Whoever shall be one of five or n4ore persons assembled for the purpose of committing dacoity shall~ be punished ‘with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
Of Criminal Misappropriation of Property
403. Whoever dishonestly misappropriates or converts to his own use any moveable property shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Illustration
(a) A takes property belonging to 2 out of Z's possession in good faith, believing, at the time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section.
(b) A, being on friendly terms with 2, goes into Z's library in Z's absence, and takes away a book without Z's express consent. Here, if A was under the impression that he had Z's implied consent to take the book for the purpose of reading it, A has not committed theft. But, if A after­wards sells the book for his own benefit, he is guilty of an offence under this section.
(c) A and B being joint owners of a horse, A takes the horse out of B's possession, intending to use it. Here, as A has a right to use the horse, he does not ‘dishonestly misappropriate it. But, if A ‘sells the horse and appropriate the whole proceeds to his own use, he is guilty of an of­fence under this section.
Explanation 1.- A dishonest misappropriation for a time only is a misappropriation within the meaning of this section.
Illustration
A finds a Government promissory note belonging to 2, bear­ing a blank endorsement. A, knowing that the note belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to restore it to 2. A has committed an offence under this section.
Explanation 2.- A person who finds property not in the possession of any other person, and takes such property for the purpose or protecting it for, or of restoring it to, the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence: but he is guilty of the offence above defined if he appropriates it to his own use when he knows or has the means of discovering the owner, or before he has used reasonably means to discover and give notice to the owner and has kept the property a reasonable time to enable the owner to claim it.
What are reasonable means of what is a reasonable time in such a case is a question of fact.
It is not necessary that the finder should know who is the owner of the property or that any particular person is the owner of it: it is sufficient if, at the time of appropriating if, he does not believe it to be his own property, or in good faith believes that the real owner cannot be found.
(a) A finds a rupee on the high-road, not knowing to whom the rupee belongs. A picks up the rupee. Here A has not committed the offence defined in this section.
(b) A finds a letter on the road, containing a bank note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. Ho is guilty of an offence under this section.
(c) A finds a cheque payable to bearer. He can form no conjecture as to the person! who has lost the cheque. But the name of the person who has drawn the cheque appears. A knows that this person can direct him to the person in whose favour the cheque was drawn. A appropri­ates the cheque without attempting to discover the owner. He is guilty of an offence under this section.
(d) A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it to 2, but afterwards appropriates it to his own use. A has committed an offence under this section.
(e) A finds a purse with money not knowing to whom it belongs; he afterwards discovers that it belongs to Z and appropriates it to his own use. A is guilty of an offence under this section.
(f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the owner. A is guilty of an offence under this section.
404. Whoever dishonestly misappropriates or con­verts to his own use property, knowing that such property was in the possession of a deceased person at the time of that persons decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with im­prisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offender at the time of such person's decease was employed by him as a clerk or servant, the imprisonment may extend to seven years.
Illustration
Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section.
Of Criminal Breach of Trust
405. Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commits "criminal breach of trust."
Illustration
(a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects accord­ing to the will, and appropriates them to his own use A has committed criminal breach of trust.
(b) A is a warehouse-keeper. 2, going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse-room, A dishonestly sells the goods. A has committed criminal breach of trust.
(c) A, residing in Rangoon, is agent for 4 residing at Mandalay There is an express or implied contract between A and 2 that all sums remitted by 2 to A shall be invested by A according to Z's direction. 2 remits a lakh of rupees to A, with directions to A to invest the same in Government paper. A dishonestly disobeys the directions and employs the money in his own business. A has committed criminal breach of trust.
(d) But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more for Z's advantage to hold shares in a joint stock bank, disobeys Z's directions, and buys shares in a joint stock bank for 2, instead of buying Government paper, here, though 2 should suffer loss, and should be entitled to bring a civil action against A on account of that loss, yet A, ~itt having acted dishonestly, has not committed criminal breach of trust.
(e) A, a revenue-officer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriate the money. A has committed criminal breach of trust.
A, a carrier, is entrusted by 2 with property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust.
406. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
407. Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust in respect of such property shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
408. Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property; commits criminal breach of trust in respect of that property shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
409. Whoever, being in any manner entrusted with property, or with any dominion over property, in his capacity of a public servant or in the way of his business as a banker, ~ me~cl1ant, factor, broken, attorney or agent, commits criminal breach of trust in respect of that property shall be punished with transportation for life, or with imprisonment of either descrip­tion for a term which may extend to ten years, and shall also be liable to fine.
Of the Receiving of Stolen Property
410. Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designated as "stolen property," whether the transfer has been made, or the misappropriation or breach or trust has been committed, within or without the Union of Burma. But, if such property subse­quently comes into the possession of a person legally entitled to be possession thereof, it then ceases to be stolen property.
411. Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years or, with fine, or with both.
412. Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with transportation for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
413. Whoever habitually receives or deals in prop­erty which he knows or has reason to believe to be stolen prop­erty shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten pars, and shall also be liable to fine.
414. Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Of Cheating
415. Whoever, by deceiving any person, fraudu­lently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to causes damage or harm to that person in body, mind, reputation or property, is said to "cheat."
Explanation. - A dishonest concealment of facts is a deception within the meaning of this section.
Illustration
(a) A, by falsely pretending to be in the Civil Service, in­tentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay A cheats.
(b) A, by putting a counterfeit mark on a article, intention­ally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.
(c) A, by exhibiting to Z a false sample of an article, inten­tionally deceives Z into believing that the article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A cheats.
(d) A, by tendering in payment for an article a bill on a house with which A keep. no money, and by which A expects that the bill will be dishonoured, intentionally deceives Z and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats.
(e) A, by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z and thereby dishonestly induces Z to lend money.A cheats.
(f) A intentionally deceives Z into a belief that A mean to repay any money that Z may lend to him and thereby dishonestly induces Z to lead him money A not intending to repay it. A cheats.
(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver he indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract.
(h) A intentionally deceives Z into a belief that A has performed A's part of a contract made with Z which he has not performed, and thereby dishonestly induces Z to pay money. A cheats.
(i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z without disclosing the fact of the previous sale and convey­ance to B, and receives the purchase or mortgage money from Z.
416. A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by know­ingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.
Explanation. - The offence is committed whether the individual personated is a real or imaginary person.
Illustration
(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.
(b) 4 cheats by pretending to be B, a person who is deceased. A cheats by personation.
417. Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
418. Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose inter­est in the transaction to which the cheating relates he was bound either by law or by legal contract to protect, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
419. Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
420. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a tern which may extend to seven years, and shall also be liable to fine.
Of Fraudulent Deeds and Dispositions of Property
421. Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby preventy, the distribution of that prop­erty according to law among his creditors or the creditors of any, other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
422. Whoever dishonestly or fraudulently pre­vents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
423. Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any. interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
424. Whoever dishonestly or fraudulently con­ceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, ~hall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Of Mischief
425. Whoever, with intent to cause, or knowing that he is likely td cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property pr in the situation there of as destroys or diminishes in value or utility, or affects it injuri­ously, commits "mischief"
Explanation 1.- It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not.
Explanation 2.- Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.
Illustration
(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief.
(b) A introduces water in to an ice-house belonging to Z and thus causes the ice to melt intending wrongful loss to Z. A has commit­ted mischief.
(c) A voluntarily throws into a river a ring belonging to Z of thereby causing wrongful loss to Z. A has committed mischief.
(d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfac­tion of the debt, and of thus causing damage to Z. A has committed mis­chief.
(e) A, having insured a ship, voluntarily causes the same to be cast away with the intention of causing damage to the underwriters. A has committed mischief.
(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A has committed mischief.
(g) A, having joint property with Z in a horse, shoot the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.
(h) A causes cattle to enter upon a field belonging to Z~ intending to cause and knowing that he is likely to cause damage to Z's crop. A has committed mischief.
426. Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
427. Whoever commits mischief, and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
428. Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of ten rupees or upwards shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
429. Whoever commits mischief by killing, poisoning, maiming or rendering useless any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either descrip­tion for a term which may extend to five years, or with fine, or with both.
430. Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, a dimi­nution of the supply of water for agricultural purposes, or for food or drink for human beings or for animals which are prop­erty, or for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
431. Whoever commits mischief by doing any act which renders, or which he knows to be likely to render, any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for travelling or con­veying property shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
432. Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, an inun­dation or an obstruction to any public drainage, attended with injury or damage, shall be punished with imprisonment of ei­ther description for a term which may extend to five years, or with fine, or with both.
433. Whoever commits mischief by destroying or moving any light-house or other light used as a sea-mark, or any sea-mark or buoy or other thing placed as a guide for navi­ga ~s, or by any act which renders any such light-house, re­mark, buoy or other such thing as aforesaid less useful as a guide for navigators, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
434. Whoever commits mischief by destroying or moving any land-mark fixed by the authority of a public ser­vant, or by any act which renders such land-mark less useful as such; shal1 be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
435. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, damage to any property to the amount of one hundred rupees or upwards, or (where the property is agricultural produce) ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
436. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with transportation for life, or with imprisonment of either descrip­tion for a term which may extend to ten years, and shall also be liable to fine
437. Whoever commits mischief to any decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
438. Whoever commits, or attempts to commit, by fire or any explosive substance such mischief as is described in the last preceding section shall be punished with transporta­tion for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
439. Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such prop­erty, or with intent that such theft or misappropriation of prop­erty may be committed, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
440. Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrong­ful restraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
Of Criminal Trespass
441. Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property,
or, having lawfully entered into or upon such prop­erty, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an
-offence,
is said to commit "criminal trespass."
442. Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling, or any building used as a place for worship or as a place for the custody of property, is said to commit "house-trespass."
Explanation. - The introduction of any part of the criminal trespasser's body is entering sufficient to constitute house-trespass.
443. Whoever commits house-trespass, having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit "lurking house-trespass."
444. Whoever commits lurking house-trespass after sunset and before sunrise is said to commit "lurking house-trespass by night."
445. A person is said to commit "house-breaking" who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence or, having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say:
First. - If he enters or quits through a passage made
by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass.
Secondly - If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance,; or through any passage to which he has obtained access by scalings or climbing over any wall or building.
Thirdly- If he enters or quits through any passage which he or any abettor of the house-trespass has opened in or­der to the committing of the house-trespass by any means by which that-passage was not intended by the occupier of the house to be opened.
Fourthly.- If he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass.
Fifthly - If he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault.
Sixthly.- If he enters or quits by any passage which he knows to have been fastened against such entrance or depar­ture, and to have been unfastened by himself or by an abettor of the house-trespass.
Explanation. - Any out-house or building occu­pied with a house, and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section.
Illustrations
(a) A commits house-trespass by making a hole through the wall of Z's house, and putting his hand through the aperture. This is house-breaking.
(b) A commits house-trespass by creeping into a ship at a port-hole between decks. This is house-breaking.
(c) A commits house-trespass by entering Z's house through a window. This is house-breaking.
(d) A commits house-trespass by entering Z's house through the door, having opened a door which was fastened. This is house-break­ing
(e) A commits house-trespass by entering Z's house through the door, having lifted a latch by putting a wire through a hole in the door.
This is house-breaking.
(f) A finds the key of Z's house door, which Z had lost, and commits house-trespass by entering Z's house, having opened the door with that key. This is house-breaking.
(g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits house-trespass by entering the house. This is house-breaking.
(h) Z, the door-keeper of 1~ is standing in Y's doorway. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house-breaking.
446. Whoever commit house-breaking after sunset and before sunrise is said to commit "house-breaking by night."
447. Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
448. Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
449. Whoever commits house-trespass in order to the committing of any offence punishable with death shall be punished with transportation for life, or with rigorous impris­onment for a term not exceeding ten years, and shall also be liable to fine.
450. Whoever commits house-trespass in order to the committing of any offence punishable with transportation for life shall be punished with imprisonment of either descrip­tion for a term not exceeding ten years, and shall also be liable to fine.
451. Whoever commits house-trespass in order to the committing of any offence punishable with imprisonment shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine; and if the offence intended to be committed is theft the term of the imprisonment may be extended to seven years
452. Whoever commits house-trespass, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrong­ful restraint, hail be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
453. Whoever commits lurking house-trespass or house-breaking shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
454.. Whoever commits lurking house-trespass or house-breaking in order to the committing of any offence punishable with imprisonment shall be punished with impris­onment of either description for a term which may extend to three years, and shall also be liable to fine; and if the Offence intended to be committed is theft the term of the imprisonment may be extended to ten years.
455. Whoever commits lurking house-trespass or house-breaking having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restrain­ing any person, or for putting any person in fear of hurt or of wrongful restraint, shall be punished with imprisonment of ei­ther description for a term which may extend to ten years, and shall also be liable to fine.
456. Whoever commits lurking house-trespass by night or house-breaking by night shall be punished with imprisonment of either description for a term which may ex­tend to three years, and shall also be liable to fine.
457. Whoever commits lurking house-trespass by night or house-breaking by night in order to the committing of any offence punishable with imprisonment shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if the offence intended to be committed is theft the term of the impris­onment may be extended to fourteen years.
458. Whoever commits lurking house-trespass by night or house-breaking by night, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.
459. Whoever whilt committing lurking house-trespass or house-breaking causes grievous hurt to any person or attempts to cause death or grievous hurt to any person shall be punished with transportation for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
460. If, at the time of the committing of lurking house-trespass by night or house-breaking by night, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly con­cerned in committing such lurking house-trespass by night or house-breaking by night shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
461. Whoever dishonestly, or with intent to commit mischief, breaks open or unfastens any closed recep­tacle, which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
462. Whoever, being entrusted with any closed receptacle which contains, or which he believes to contain, pro­perty, without having authority to open the same, dishonestly, or with intent to commit mishief, breaks open or unfastens that receptacle shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

CHAPTER XVIII
OF OFFENCES RELATING TO DOCUMENTS AND TO TRADE OR PROPERTY MARKS

463. Whoever makes any false document or part of a document, with intent to cause damage or injury to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.
464. A person is said to make a false document --
First.-- Who dishonestly or fraudulently makes, signs, seals or executes a document or part of a document, or makes any mark denoting the execution or a document, with the intention of causing it to be believed that such document or part of a document was made, signed, sealed or executed by or by the authority of a person by whom or by whose authority he
knows that it was not made, signed, sealed or executed, or at a time at which he knows that it was not made, signed, sealed or executed; or
Secondly. -- Who, without lawful authority, dishon­estly or fraudulently, by cancellation or otherwise alters a docu­ment in any material part thereof, after it has been made of executed either by himself or by any other person, whether such person be living or dead at the time of such alteration; or
Thirdly.-- Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document, knowing that such person by reason of unsoundness of mind or intoxica­tion cannot, or that by reason of deception practised upon him he does not, know the contents of the document or the nature of the alteration.
Illustrations
(a) A has a letter of credit upon B for rupees 10,000writ­ten by Z. A, in order to defraud B, adds a cipher to the 10,000, and makes the sum 100,000 intending that it may be believed by B that Z so wrote the letter. A has committed forgery.
(b) A, without is authority affixes is seal to a document purporting to be a conveyance of an estate from Z to A, with the intention of selling the estate to B and thereby of obtaining from B the purchase-money. A has committed forgery
(c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been inserted in the cheque. A fraudu­lently fills up the cheque by inserting the sum of ten thousand rupees. A commits forgery.
(d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable, and authorizes B to fill up the cheque by inserting a sum not exceeding ten thousand rupees for the pur­pose of making certain payments. B fraudulently fills up the cheque by inserting the sum of twenty thousand rupees. B commits forgery.
(e) A draws a bill of exchange on himself in the name of B without B's authorise intending to discount it as a genuine bill with a banker and intending to take up the bill on its maturity Here, as A draws the bill with intent to deceive the banker by leading him to suppose that he had the security of B, and thereby to disount the bill, A is guilty of forgery.
(f) Z's will contains these words-- "I direct that all my remaining property be equally divided between A, B and C. "A dishonestly scratches out B's name, intending that it may be believed that the whole was left to himself and C. A has committed forgery.
(g) A endorses a Government promissory note and makes it payable to Z or his order by writing on the bill the words ‘pay to Z or his order" and signing the endorsement. B dishonestly erases the words "pay to Z or Iris order", and thereby converts the special endorsement into a blank endorsement. B commits forgery.
(h) A sells and convey an estate to Z. A afterwards, in order to defraud Z of iris estate executes a conveyance of the same estate to B, dated six months earlier than the date of the conveyance to 7, intending it to be believed that he had conveyed the estate to B before he conveyed it to 7. A has committed forgery.
(i) 7 dictates his will to A. A intentionally writes down a different legatee from the legatee named by 7, and by representing to 7 that he has prepared the will according to his instructions, induces 7 to sign the will. A has committed forgery.
(j) A writes a letter and signs it with B's name without B's authority, certifying that A is a man of good character and in distressed circumstances from, unforeseen misfortune intending by means of such letter to obtain aims from 7 and other persons. Here, as A made a false document in order to induce 7 to part with property, A has committed forg­ery.
(k) A without B's authority writes a letter and signs it in B's name certifying to A's character intending thereby to obtain employ­ment under Z. A has committed forgery inasmuch as he intended to deceive Z by the forged certificate,-and thereby to induce 7 to enter into an express or implied contract for service.
Explanation 1.-- A man's signature of his own may amount to forgery.
Illustrations
(a) A signs illustrations his own name to a bill of exchange, intending that ii may be believed that the bill was dawn by another person of the same name A has committed forgery
(b) A writes the word "accepted" on a piece of paper and signs it with Z's name in order that B may after wards write on the paper a bill of exchange drawn by B upon 7, and negotiate the bill as though it had been accepted by 7. A is guilty of forgery ; and if B, knowing the fact, draws the bill upon the paper pursuant to A's intention, B is also guilty of forgery
(c) A picks up a bill of exchange payable to the order of a different person of the same name. A endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person to whose order it was payable ; here A has committed forgery.
(d) A purchases an estate sold under execution of a decree against B.~-B, after the seizure of the estate, in collusion with 7, executes a lease ~f the estate to 7, at a nominal rent and for a long period, and dates the lease six months prior to the seizure,' with intent to defraud A, and to cause it to be believed that the lease was granted before the seizure. B, though he executes the lease in his own name, commits forgery by antedat­ing it.
(e) A, a trader, in anticipation of insolvency, lodges effects with B for A's benefit and with intent to defraud his creditors ; and in order to give a colour to the transaction, writes a promissory note binding himself to pay to B a sum for value received, and antedates the note, intending that it may be believed to have been made before A was on the point of insolvency. A has commit­ted forgery under the first head of the definition.
Explanation 2.-- The making of a false document in the name of a fictitious person, intending it to be believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery.
Illustration
A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of such fictitious person with in­tent to negotiate it. A commits forgery
465. Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
466. Whoever forges a document, purporting to be a record or proceeding of or in a Court of Justice, or a regis­ter of birth, baptism, marriage or burial, or a register kept by a public servant as such, or a certificate or document purporting to be tnade by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power-of-attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
467. Whoever forges a document which purports to be a valuable security, or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principle, interest or dividends thereon, or to receive or deliver any money, moveable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any moveable property or valuable security, shall be punished with transprotation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
468. Whoever commits forgery, intending that the document forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
469. Whoever commits forgery, intending that the document forged shall harm the reputation of any party, or know­ing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
470. A false document made wholly or in part by forgery is designated "a forged document."
471. Whoever fraudulently or dishonestly use as genuine any document which he knows or has reason to believe to be a forged document shall be punished in the same manner as if he had forged such document.
472. Whoever makes or counterfeits any seals, plate or other instrument for making an impression, intending that the same shall be Used for the purpose of committing any forgery which would be punishable under section 467, or with such intent has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punishable with transportation for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
473. Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for purpose of committing any forgery which would be punishable under any section of this chapter other than section 467, or with such intent has in his possessions any such seal, plate or other instrument, knowing the same to be counter­feit,, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
474. Whoever has in his possession any document, knowing the same to be forged, and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the docu­ment is one of the description mentioned in section 466, be pun­ished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if the document is one of the description mentioned in section 467, shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
475. Whoever counterfeits upon, or in the substance of, any material, any device or mark for the purpose of authenti­cating any document described in section 467, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity or any document then forged or there­after to be forged on such material, or who with such intent has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be pun­ished with transportation for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
476. Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the pur­pose of authenticating any document other than the documents described in section 467, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who with such intent has in his possession any mate­rial upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
477. Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy of deface, or secretes or attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or any valuable security, or commits mischief in respect to such docu­ment, shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
477A. Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, wilfully and with intent to defraud, destroys, alters, mutilates or falsifies any book, paper, writing, valuable security or account which belongs to or is in the possession of his em­ployer, or has been received by him for or on behalf of his employer, or in, or omits or alters or abets the omission or alter­ation of any material particular from or in, any such book, paper, writing, valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Explanation. - It shall be sufficient in any charge under this section to allege a general intent to defraud, without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed.
Of Trade, Property and Other Marks
478. A mark used for denoting that goods are the manufacture or merchandise of a particular person is called a trademark [ * * *]1
479. A mark used for denoting that moveable prop­erty belongs to a particular person is called a property mark.
480. Whoever marks any goods or any case, pack­age or other receptacle containing goods, or uses any case, pack­age or other receptacle with any mark thereon, in a manner rea­sonably calculated to cause it to be believed that the goods so marked, or any goods contained in any such receptacle so marked, are -the manufacture or merchandise of a person whose manu­facture or merchandise they are not, is said to use a false trade mark.
481. Whoever marks any moveable property or goods or any case, package or other receptacle containing move­able property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably cal­culated to cause it to be believed that the property or goods moveable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any moveable property or valuable security, shall be punished with transprotation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
....................................................................
1. Omitted by the Union of Burma (Adaptation of Laws) Order, 1946.
468. Whoever commits forgery, intending that the document forged shall be used for the purpose 3f cheating, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
469. Whoever commits forgery, intending that the document forged shall harm the reputation of any party, or know­ing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
470. A false document made wholly or in part by forgery is designated "a forged document."
471. Whoever fraudulently or dishonestly use as genuine any document which he knows or has reason to believe to be a forged document shall be punished in the same manner as if he had forged such document.
472. Whoever makes or counterfeits any seals, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under section 467, or with such intent has in his possession any such seal, plate or other instrument, knowing; the same to be counterfeit, shall be punishable with transportation for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
473. Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for purpose of committing any forgery which would be punishable under any section of this chapter other than section 467, or with such intent has in his possession any such seal, plate or other instrument, knowing the same to be counter­feit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
474. Whoever has in his possession any document, knowing the same to be forged, and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the docu­ment is one of the description mentioned in section 466, be pun­ished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if the document is one of the description mentioned in section 467, shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
475. Whoever counterfeits upon, or in the substance of, any material, any device or mark for the purpose of authenti­cating any document described in section 467, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity or any document then forged or there­after to be forged on such material, or who with such intent has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be pun­ished with transportation for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
476. Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the pur­pose of authenticating any document other than the documents described in section 467, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who with such intent has in his possession any mate­rial upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
477. Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy of deface, or secretes or attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or any valuable security, or commits mischief in respect to such docu­ment, shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
477A. Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, willfully and with intent to defraud, destroys, alters, mutilates or falsifies any book, paper, writing, valuable security or account which belongs to or is in the possession of his em­ployer, or has been received by him for or on behalf of his employer, or in, or omits or alters or abets the omission or alter­ation of any material particular from or in, any such book, paper, writing, valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Explanation. - It shall be ‘sufficient in any charge under this section to allege a general intent to defraud, without naming any particular person intended to be defrauded or speci­fying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed.
Of Trade, Property and Other Marks
478. A mark used for denoting that goods are the manufacture or merchandise of a particular person is called a trade mark [ * * *]1
479. A mark used for denoting that moveable prop­erty belongs to a particular person is called a property mark.
480. Whoever marks any goods or any case, pack­age or other receptacle containing goods, or uses any case, pack­age or other receptacle with any mark thereon, in a manner rea­sonably calculated to cause it to be believed that the goods so marked, or any goods contained in any such receptacle so marked, are The manufacture or merchandise of a person whose manufacture or merchandise they are not, is said to use a false trade mark.
481. Whoever marks any moveable property or goods or any case, package or other receptacle containing move­able property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably cal­culated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such re­ceptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark.
..........................................................
1. Omitted by the Union of Burma (adaptation Of Laws) Order. 1943.
482. Whoever uses any false mark or any false property mark shall, unless he proves that he acted without in­tent to defraud, be punished with imprisonment of either de­scription for a term which may extend to one year, or with fine, or with both.
483. Whoever counterfeits any trademark or pro­perty mark used by any other person shall be punished with imprisonment of either description for a term which may ex­tend to two years, or with fine, or with both.
484. Whoever counterfeits any property mark used by a public servant, or any mark used by a public servant to denote that any property has been manufactured by a particular person or at a particular time or place, or that the property is of a particular quality or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may ex­tend to three years, and shall also be liable to fine.
485. Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a trade mark, or property mark, or has in his possession a trade mark or property mark for the purpose of denoting that any goods are the manufacture or merchandise of a person whose manu­facture or merchandise they are not, or that they belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
486. Whoever sells, or exposes, or has in posses­sion for sale or any purpose of trade or manufacture, any goods or things with a counterfeit trade mark or property mark affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless he proves -
(a) that, having taken all reasonable precautions against committing an offence against this sec­tion, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark, and
(b) that, on demand made by or on behalf of the prosecutor he gave all the information in his power with respect to the person from whom he obtained such goods or things, or
(c) that otherwise he had acted innocently,
be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
487. Whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain, or that it does not contain goods which it does contain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof, shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
488. Whoever makes use of any such false mark in any manner prohibited by the last foregoing section shall unless he proves that he acted without intent to defraud, b punished as if he had committed an offence against that section
489. Whoever removes, destroys, defaces or adds to any property mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Of Currency-Notes and Bank-Notes
489A. Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any currency-note or bank-note shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation.-- For the purposes of this section and of sections 489B, 489C and 489D, the expression ‘bank-note" means a promissory note or engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued by or under the authority of any State or Sovereign Power, and intended to be used as equivalent to, or as a substitute for, money.
489B. Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with transportation for life, or with imprison­ment of either description for a term which may extend to ten years, and shall also be liable to fine.
489C. Whoever has in his possession any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either descrip­tion for a term which may extend to seven years, or with fine, or with both.
489D. Whoever makes, or performs any part of the process of making, or buys or sells or disposes of, or has in his possession any machinery, instrument or material for the pur­pose or being used, or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting any cur­rency-note or bank-note, shall be punished with transportation for life, or with imprisonment of either description for a term with may extend to ten years, and shall also be liable to fine.

CHAPTER XIX
OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE

490. * * * *
491. Whoever, being bound by a lawful contract to attend on or to supply the wants of any person who, by reason of youth, or of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his own, safety or supplying his own wants voluntarily omits so to do, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both.
492. * * * *

CHAPTER XX
OF OFFENCES RELATING To MARRIAGE

493. Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him, and to cohabit or have sexual inter­course with him in that belief, shall be punished with imprison­ment of either description for a term which may extend to ten years, and shall also be liable to fine.
494. Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Exception.— This section does not extend to any person whose marriage with such husband or wife has been de­clared void by a Court of competent jurisdiction,
nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time to subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time, provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
495. Whoever commits the offence defined in the last preceding section, having concealed from the person, with t whom the subsequent marriage is contracted the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
496. Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, know­ing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven-years, and shall also be liable to fine.
497. Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the of­fence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.
498. Whoever takes or entices away any woman, who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with impris­onment of either description for a term which may extend to two years, or with fine, or with both.

CHAPTER XXI
OF DEFAMATION

499. Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputa­tion will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.
Explanation 1.— It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.
Explanation 2.— It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.
Explanation 3.— An imputation in the form of an alternative or expressed ironically may amount to defamation.
Explanation 4.— No imputation is said to harm a person's reputation unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual char­acter of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state or in a state generally considered as disgraceful.
(a) A says— "Z is an honest man; he never stole B's watch", intending to cause it to be believed that Z did steal B's watch. This is defa­mation, unless it fall within one of the exceptions.
(b) A is asked who stole B's watch. A points to Z, intending to cause it to be believed that Z stole B's watch. This defamation, unless it fall within one of the exceptions.
(c) A draws a picture of Z running away with B's watch, intending it lobe believed that Z stole B's watch. This is defamation, unless it fall within one of the exceptions.
First Exception. — It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.
Second Exception. — It is not defamation to ex­press in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct and further.
Third Exception . — It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his char­acter, so far as his character appears in that conduct and no further.
Illustration
It is not defamation in A to express in good faith any opinion whatever respecting Z's conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question.
in presiding or attending at such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in efficient discharge of the du­ties of which the public is interested.
Fourth Exception, — It is not defamation to publish a substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings.
Explanation. — A Magistrate or other officer hold­ing an enquiry in open Court preliminary to a trial in a Court of Justice is a Court within the meaning of the above section.
Fifth Exception. — It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as party witness or agent in any such case, or respecting the character of such person, as far as his character appears in that conduct and no further.
Illustrations
(a) A says—"I think Z's evidence on that trial is so contra­dictory that he must be stupid or dishonest." A is within this exception if he says this in good faith, inasmuch as the opinion which he expresses respects Z's character as it appears in Z's conduct as a witness, and no farther.
(b) But if A says— "I do not believe what Z asserted at that trial because I know him to be a man without veracity." A is not within this exception, inasmuch as the opinion which he expresses of Z's character is an opinion not founded on Z's conduct as a witness.
Sixth Exception.— It is not defamation to express in good faith any opinion respecting the merits of any perfor­mance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance and no further.
Explanation. — A performance may be submitted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public.­
Illustrations
(a) A person who publishes a book submits that book to the judgment of the public.
(b) A person who makes a speech in public submits that speech to the judgment of the public.
(c) An actor or singer who appears on a public stage submits his acting or singing to the judgment of the public.
(d) A says of a book published by Z—"Z's book is foolish; Z must be a weak man. Z's book is indecent; Z must ‘be a man of impure mind." A is within this exception if he says this in gook faith, inasmuch as the opinion which he expresses of Z respects Z's character only so far as it appears in Z's book and no further.
(e) But if A says — "I am not surprised that Z's book is fool­ish and indecent, for he is a weak man and a libertine." A is not within this exception, inasmuch as the opinion which he expresses of Z's character is an opinion not founded on Z's book.
Seventh Exception.— It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.
Illustration
A judge censuring in good faith the conduct of a witness, or of an offi~cer of the Court; a head of a department censuring in good faith those who are - "~der his orders; a parent censuring In good faith a child in the presence of other children; a schoolmaster, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier— are within this exception.
Eighth Exception. — It is not defamation to prefer in good faith an' accusation against any person to any of those who have lawful authority over that person with respect to the subject-master of accusation.
Illustration
If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z's master; if A in good faith complains of the conduct of Z, a child to Z's father— A is within this exception.
Ninth Exception.— It is not defamation to make an imputation on the character of another, provided that the imputation be made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good.
(a) A, a shopkeeper, says to B, who manages his business— "Sell nothing to 2 unless he pays you ready money, for I have no opinion of his honesty." A is within the exception, if he has made this imputation on 2 in good faith for the protection of his own interests.
(b) A, a Magistrate in making a report to his own superior officer, casts an imputation on the character of 2. Here, if tile imputation is made in good faith, and for the public good, A is within the exception.
Tenth Exception.— It is not defamation to convey a caution in good faith to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is inter­ested, or for the public good.
500. Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
501. Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple impris­onment for a term which may extend to two years, or with fine, or with both. -
502. Whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

CHAPTER XXII
OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

503. Whoever threatens another with any injury to his person, reputation or property, or to the person or reputa­tion of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoid­ing the execution of such threat, commits criminal intimidation.
Explanation. — A threat to injure the reputation of any deceased person in whom the person threatened is inter­ested is within this section.
Illustration
A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B's house. A is guilty of criminal intimidation.
504. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
505. Whoever makes, publishes or circulates any statement, rumour or report,—
(a) with intent to -cause, or which is likely to cause, any officer, soldier, sailor or airman, in the Army, Navy or Air Force [* * ]1 to mutiny or oth­erwise disregard or fail in his duty as such; or
(b) with intent to cause, or which is likely to cause, fear or alarm to the public or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility; or
(c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community,
shall be punished with imprisonment which may extend to two years, or with fine, or with both.
..................................................................
1.Omitted by the Union of Burma (Adaptation of Laws) Order, 1948.
Exception.— It does not amount to an offence, within the meaning of his section, when the person making, pub­lishing or circulating shy such statement, rumour or report has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates i~ without any such intent as aforesaid.
506. Whoever commits the offence of criminal in­timidation shall be punished with imprisonment of either descrip­tion for a term which may extend to two years, or with fine or with both; and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or transportation or with impris­onment for a term which may extend to seven years, or to im­pute unchastity to a woman, shall be punished with imprison­ment of either description for a term which may extend to seven years, or with fine, or with both.
507. Whoever commits the offence of criminal in­timidation by -an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term winch may extend to two years, inaddition to the punishment provided for the offence by the last preceding section.
508. -Whoever voluntarily causes or attempts to cause any person to do anything which that person is not legally bound to do, or to omit to do anything which he is legally en­titled to do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will be­come or will be rendered by some act of the offender an object of Divine displeasure if he does not do the thing which it an object of the offender to cause him to do, or if he does the thing which it is the object of the offender to cause him to omit, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Illustrations
(a) A sits dhurna at Z's door with the intention of using it to be believed that, by so sitting, he renders Z an object of Divine displea­sure. A- has committed the offence defined in this section.
(b) A threatens Z that, unless Z performs a certain act, A will kill one of A's own children, under such circumstances that the killing would be believed to render Z an object of Divine displeasure. A has committed the offence defined in this section.
509. Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be beards, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
510. Whoever in a state of intoxication appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such manner as to cause annoyance to any person, shall be punished with simple impris­onment for a term winch may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both.

CHAPTER XXIII
OF ATTEMPTS To COMMIT OFFENCES

511. Whoever attempts to commit an offence pun­ishable by this Code with transportation or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with transportation or imprisonment of any description provided for the offence for a term of trans­portation or imprisonment which may extend to one-half of the longest term provided for that offence, or with such fine as is provide for the offence, or with both.
Illustration
(a) A makes an attempt to steal some jewels by breaking open a box and finds after so opening the box that there is ~to jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section.
(b) A makes an attempt to pick the pocket of Z by thrusting his hand into z's pocket. A fails in the attempt in consequence of Z's having nothing in his pocket. A is guilty under this section.