Burma Lawyers' Council [Legal Resource] The Myanmar Penal Code

THE PENAL CODE

CONTENTS
CHAPTER I
INTRODUCTION
*Sections*
	* * * * *
	Punishment of offences committed within the Union of Burma.
	Punishment of offences committed beyond, but which by law may be tried within the Union of Burma.
	Extension of code to extra-territorial offences.
	Certain laws not to be affected by this code.
CHAPTER II
GENERAL EXPLANATIONS
	Definitions in the Code to be understood subject to exceptions.
	Sense of expression once explained.
	Gender.
	Number.
	"Man" "Woman"
	"Person."
	"Public."
	* * * *
	"Servant of the Government."
	* * * *
	* * * *
	"Government."
	* * * *
	"Judge."
	"Court of Justice."
	"Public Servant."
	"Moveable property."
	"Wrongful gain." "Wrongful loss." Gaining wrongfully. Losing wrongfully.
	"Dishonestly."
	"Fraudulently."
	"Reason to believe."
	Property in possession of wife, Clark or servant
	"Counterfeit."
	"Document."
	"Valuable security."
	"A will."
	Words referring to acts include illegal omissions.
	"Act." "Omission."
	Acts done by several persons in furtherance of common intention.
	When such an act is criminal by reason of its being done with a criminal knowledge or intention.
	Effect caused partly by act and partly by omission
	Co-operation by doing one of several acts constituting an offence.
	Persons concerned in criminal act may be guilty of different offences.
	"Voluntarily."
	"Offence."
	"Special law."
	"Local law."
	"Illegal." "Legally bound to do."
	"Injury."
	"Life."
	"Death."
	"Animal."
	"Vessel."
	"Year." "Month."
	* * * *
	"Oath."
	"Good faith.".
*52A.*	"Harbour."
CHAPTER III
OF PUNISHMENTS
	Punishments.
	Commutation of sentence of death.
	Commutation of sentence of transportation for life.
	* * * *
	Fractions of terms of punishment.
	Offenders sentenced to transportation, how dealt with until transported
	Transportation instead of imprisonment.
	Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.
	* * * *
	* * * *
	Amount of fine.
	Sentence of imprisonment for non-payment of fine.
	Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable.
	Description of imprisonment for non-payment of fine.
	Imprisonment for non-payment of fine, when offence punishable with fine only.
	Imprisonment to terminate on payment of fine.
	Termination of imprisonment on payment of proportional part of fine.
	Fine leviable within six years, or during imprisonment. Death not to discharge property from liability.
	Limit of punishment of offence made up of several offences.
	Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which.
	Solitary confinement.
	Limit of solitary confinement.
	Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction.
CHAPTER IV
GENERAL EXCEPTIONS
	Act done by a person bound, or by mistake of fact believing himself bound, by law.
	Act of Judge when acting judicially.
	Act done pursuant to the judgement or order of Court.
	Act done by a person justified, or by mistake of fact believing himself
	Accident in doing a lawful act.
	Act likely to cause harm, but done without criminal intent, and to prevent other harm.
	Act of a child under seven years of age.
	Act of a child above seven and under twelve of immature understanding.
	Act of a person of unsound mind.
	Act of a person incapable of judgment by reason of intoxication caused against his will.
	Offence requiring a particular intent or knowledge committed by one who is intoxicated.
	Act not intended and not known to be likely to cause death or grievous hurt, done by consent.
	Act not intended to cause death , done consent in good faith for person’s benefit.
	Act done in good faith for benefit of child or insane person, by or by consent of guardian. Provisos.
	Consent known to be given under fear or misconception. Consent of insance person. Consent of child.
	Exclusion of acts which are offences independently of harm caused.
	Act done in good faith for benefit of a person without consent, Provisos.
	Communication made in good Thith.
	Act to which a person is compelled by threats.
	Act causing slight harm.
*Of the Right of Private Defence*
	Things done private defence.
	Right of private defence of the body and of property.
	Right of private defence against the act of a person of unsound mind, etc.
	Acts against which there is no right of private defence. Extent to which the right may be exercised.
	When the right of private defence of the body extends to causing death.
	When such right extends to causing any harm other than death.
	Commencement and continuance of the right of private defence of the body.
	When the right of private defence of property extends to cawing death.
	When such right extends to causing any harm other than death.
	Commencement and continuance of the right of private defence of property.
	Right of private defence against deadly assault when there is risk of harm to innocent person.
CHAPTER V
OF ABETMENT
	Abetment of a thing.
	Abettor.
*108A.*	Abetment in the Union of Burma of offences outside it.
	Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment.
	Punishment of abetment if person abetted does act with different intention from that of abettor.
	Liability of abettor when one act abetted and different act done Proviso.
	Abettor when liable to cumulative punishment for act abetted and for act done.
	Liability of abettor for an effect caused by the act abetted different from that intended by the abettor.
	Abettor present when offence is committed.
	Abetment of offence punishable with death or transportation for lifeif offence not committed; if act causing hann be done in consequence.
	Abetment of offence punishable with imprisonment if offence be not committed; if abettor or person abetted be a public servant whose duty it is to prevent offence.
	Abetting commission of offence by the public. or by more than ten persons.
	Concealing design to commit offence punishable with death or transportation for life if offence be committed; if offence be not committed.
	Public servant concealing design to commit offence which it is his duty to prevent - if offence be committed; if offence be punishable with death, etc: if offence be not committed.
	Concealing design to commit offence punishable with imprisonment if offence be committed; if offence be not committed.
CHAPTER V (A)
CRIMINAL CONSPIRACY
*120A.*	Defination of criminal conspiracy.
*120B.*	Punishment of criminal conspiracy.
CHAPTER VI
OF OFFENCES AGAINST THE STATE
	High Treason.
*121A.*	* * * *
	Punishment of High Treason.
	Encouraging, harbouring, or comforting person guilty of High Treason.
	Misprision of High Treason.
*124A.*	Sedition.
*124B.*	Advocating overthrow of the organs of the Union or of its constituent units by force.
	Waging war against any Asiatic Power in alliance with the State.
	Committing depredation on territories of Power at peace with the State.
	Receiving property taken by war or depredation mentioned in section 125 and 126.
	Public servant voluntarily allowing prisoner of State or war to escape.
	Public servant negligently suffering such prisoner to escape.
	Aiding escape of, rescuing or harbouring such prisoner.
CHAPTER VI (A)
OFFENCES RELATING TO CERTAIN PROVISIONS CONTAINED IN THE CONSTITUTION AND ACTS OF THE PARLIAMENT
*130A.*	Offences relating to certain provisions contained in the Constitution and Acts of the Parliament.
CHAPTER VI (B)
LIBEL AGAINST FOREIGN POWERS
*130B.*	Libel against Foreign Powers.
CHAPTER VII
OF OFFENCES RELATING TO THE ARMY, NAVY, AND AIR FORCE
	Abetting mutiny, or attempting to seduce a soldier, sailor or air man from his duty.
	Abetment of mutiny if mutiny is committed in consequence thereof.
	Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office.
	Abetment of such assault, if the assault is committed.
	Abetment of such desertion of soldier, sailor or airman.
	Harbouring deserter.
	Deserter concealed on board merchant vessel trough negligence of master.
	Abetment of act of insubordination by soldier, sailor or airman.
	Persons subject to certain Acts.
	Wearing garb or carrying token used by soldier, sailor or airman.
CHAPTER VIII
OF OFFENCES AGAINST THE PUBLIC TRANQUILITY
	Unlawful assembly.
	Being member of unlawful assembly.
	Punishment.
	Joining unlawful assembly, armed with deadly weapon. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse.
	Joining or continuing in unlawful assembly, knowing it has been commanded to disperse.
	Rioting.
	Punishment for rioting.
	Rioting, armed with deadly weapon.
	Every member of unlawful assembly guilty of offence committed in prosecution of common object.
	Hiring, or conniving at hiring, of persons to join unlawful assembly.
	Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse.
	Assaulting or obstructing public servant when suppressing riot, etc. if rioting be committed; if not committed.
	Wantonly giving provocation with intent to case riot-if doting be committed; if not committed.
153A.	Promoting enmity between classes.
	Owner or occupier of land on which an unlawful assembly is held.
	Liability of person for whose benefit riot is committed.
	Liability of agent of owner or occupier for whose benefit riot is committed.
	Harbouring persons hired for an unlawful assembly.
	Being hired to take part in an unlawful assembly or riot; or to go armed.
	Affray.
	Punishment.
CHAPTER IX
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
	Public servant taking gratification other than legal remuneration in respect of an official act.
	Taking gratification in order, by corrupt or illegal means, to influence public servant.
	Taking gratification for exercise of personal influence with public servant
	Punishment for abetment by public servant of offences defined in section 162 or 163.
	Public servant obtaining valuable thing, without consideration, from person concerned in proceeding or business transacted by such public servant.
	Public servant disobeying law with intent to cause injury to any person.
	Public servant framing an incorrect document with intent to cause injury.
	Public servant unlawfully engaging in trade.
	Public servant unlawfully buying or bidding for property.
	Personating a public servant.
	Wearing garb or carrying token usedby public servant with fraudulent intent.
CHAPTER IX (A)
OF OFFENCES RELATING TO ELECTIONS
*171A.*	"Candidate", "Electoral right", defined.
*171B.*	Bribery.
*171C.*	Undue influence at elections.
*171D.*	Personation at elections.
*171E.*	Punishment for bribery.
*171F.*	Punishment for undue influence or personation at an election.
*171G.*	False statement in connection wit an election.
*171H.*	Illegal payments in connection with an election.
*171I.*	Failure to keep election accounts.
*171J.*	Illegal possession at election to either Chamber of Parliament of voting tokens, ballot papers or colourable imitation thereof.
CHAPTER X
OF CONTEMPTS OP THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
	Absconding to avoid service of summons or other proceeding.
	Preventing service of summons or other proceeding, or preventing publication thereof
	Non-attendance in obedience to an order from public servant.
	Omission to produce document to public servant by person legally bound to produce it.
	Omission to give notice or infonnation to public servant by person legally bound to give it.
	Furnishing false information.
	Refusing oath or affirmation when duly required by public servant to make it.
	Refusing to answer public servant authorized to question.
	Refusing to sign statement.
	False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation.
	False information with intent to cause public servant to use his lawful power to the injury of another person.
	Resistance to the taking of property by the lawful authority of a public servant.
	Obstructing sale of property offered for sale by authority of public servant.
	Illegal purchase or bid for property offered for sale by authority of public servant.
	Obstructing public servant in discharge of public functions.
	Omission to assist public servant when bound by law to give assistance.
	Disobedience to order duly promulgated by public servant.
	Threat of injury to public servant.
	Threat of injury to induce person to refrain from applying for protection to public servant.
CHAPTER XI
OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
	Giving false evidence.
	Fabricating false evidence.
	Punishment for false evidence.
	Giving or fabricating false evidence with intent to procure conviction of capital offence: if innocent person be thereby convicted and executed.
	Giving or fabricating false evidence with intent to procure conviction of offence punishable with transportation or imprisonment.
	Using evidence known to be false.
	Issuing or signing false certificate.
	Using as true a certificate known to be false.
	False statement made in declaration which is by law receivable as evidence.
	Using as true such declaration knowing it to be false.
	Causing disappearance of evidence of offence, or giving false information, to screen offender- if a capital offence: if punishable with transportation; if punishable with less than ten years’ imprisonment.
	Intentional omission to give information of offence by person bound to inform.
	Giving false information respecting an offence committed.
	Destruction of document to prevent its production as evidence.
	False personation for purpose of act or proceeding in suit or prosecution.
	Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution.
	Fraudulent claim to property to prevent its seizure as forfeited or in execution.
	Fraudulently suffering decree for sum not due.
	Dishonestly making false claim in Court.
	Fraudulently obtaining decree for sum not due.
	False charge or offence made with intent to injure.
	Harbouring offender- If a capital offence; If punishable with transportation for life, or with imprisonment.
	Taking gift, etc., to screen an offender from punishment- if a capital offence; If punishable with transportation for life, or with imporisonment.
	Offering gift or restoration of property in consideration of screening offender- If a capital offence; If punishable with transportation for life, or with imprisonment.
	Taking gift to help to recover stolen property, etc.
	Harbouring offender who has escaped from custody or whose apprehension has been ordered- If a capital offence; If punishable with transportation for life, or with imprisonment.
*216A.*	Penalty for harbouring robbers or dacoits.
*216B.*	* * * *
	Public servant disobeying direction of law with intent to save from punishment or property from forfeiture.
	Public servant flaming incorrect record or writing with intent to save person from punishment or property from forfeiture.
	Public servant in judicial proceeding corruptly making report, etc., contrary to law.
	Commitment for trial or confinement by person having authority who knows that he is acting contrary to law.
	Intentional omission to apprehend on the part of public servant bound to apprehend.
	Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed.
	Escape from confinement or custody negligently suffered by public servant.
	Resistance or obstruction by a person to his lawful apprehension.
	Resistance or obstruction to lawful apprehension of another person.
*225A.*	Omission to apprehend, or sufferance of escape, on part of public servant, In cases not otherwise provided for.
*225B.*	Resistance or obstruction to lawful apprehension, or escape or rescue, in cases not otherwise provided for.
	Unlawful return from transportation.
	Violation of condition of remission of punishment.
	Intentional insult or interruption to public servant sitting injudicial proceeding.
	Personation of a juror or assessor.
CHAPTER XII
OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS
	"Coin" defined. Coin of the Union.
	Counterfeiting coin.
	Counterfeiting coin of the Union.
	Making or selling instrument for counterfeiting coin.
	Making or selling instrument for counterfeiting coin of the Union.
	Possession of instrument or material for the purpose of using the same for counterfeiting coin; if coin of the Union.
	Abetting in the Union of Burma the counterfeiting out of the Union of Burma of coin.
	Import or export of counterfeit coin.
	Import or export of counterfeits of the coin of the Union.
	Delivery of coin, possessed with knowledge that it is counterfeit.
	Delivery of coin of the Union, possessed with knowledge that it is counterfeit.
	Delivery of coin as genuine, which, when first possessed, the deliver did not know to be counterfeit.’
	Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof.
	Possession of coin of the Union by person who knew it to be counterfeit when he became possessed thereof.
	Person employed in mint causing coin to be of different weight or composition from that fixed by law.
	Unlawfully taking coining instrument from mint.
	Fraudulently or dishonestly diminishing weight or altering composition of coin.
	Fraudulently or dishonestly diminishing weight or altering composition of coin of the Union.
	Altering appearance of coin with intent that it shall pass as coin of different description.
	Altering appearance of coin of the Union with intent that it shall pass as coin of different description.
	Delivery of coin, possessed with knowledge that it is altered.
	Delivery of coin of the Union, possessed with knowledge that it is altered.
	Possession of coin by person who knew it to be altered when he became possessed thereof
	Possession of coin of the Union by person who knew it to be altered when he became possessed thereof
	Delivery of coin as genuine which, when first possessed, the deliverer did not know to be altered.
	Counterfeiting Government stamp.
	Having possession of instrument or material for counterfeiting Government stamp.
	Making or selling instrument for counterfeiting Government stamp.
	Sale of counterfeit Government stamp.
	Having possession of counterfeit Government stamp.
	Using as genuine a Government stamp known to be counterfeit.
	Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government.
	Using Government stamp known to have been before used.
	Erasure of mark denoting that stamp has been used.
*263A.*	Prohibition of fictitious stamps.
CHAPTER XIII
OF OFFENCES RELATING TO WEIGHTS AND MEASURES
	Fraudulent use of false instrument for weighing.
	Fraudulent use of false weight or measure.
	Being in possession of false weight or measure.
	Making or selling false weight or measure.
CHAPTER XIV
OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS
	Public nuisance.
	Negligent act likely to spread infection of disease dangerous to life.
	Malignant act likely to spread infection of disease dangerous to life.
	Disobedience to quarantine rule.
	Adulteration of food or drink intended for sale.
	Sale of noxious food drink.
	Adulteration of drugs.
	Sale of adulterated drugs.
	Sale of drug as a different drug of preparation.
	Fouling water of public spring or reservoir.
	Making atmosphere noxious to health.
	Rash driving or riding on a public way.
*279A.*	Throwing dangerous article on moving vehicle.
	Rash navigation of vessel.
	Exhibition of false light, mark or buoy.
	Conveying person by water for hire in unsafe or overloaded vessel.
	Danger or obstruction in public way or line of navigation.
	Negligent conduct with respect to poisonous substance.
	Negligent conduct with respect to fire or combustible matter.
	Negligent conduct with respect to explosive substance.
	Negligent conduct with respect to machinery.
	Negligent conduct with respect to pulling down or repairing buildings.
	Negligent conduct with respect to animal.
	Punishment for public nuisance in eases not otherwise provided for.
	Continuance of nuisance after injunction to discontinue.
	Sale, etc., of obscene books, etc.
	Sale, etc., of obscene objects to young person.
	Obscene acts and songs.
*294A.*	Keeping lottery office.
CHAPTER XV
OF OFFENCES RELATING TO RELIGION
	Injuring or defiling place of worship, with intent to insult the religion of any class.
*295A.*	Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
	Disturbing religious assembly.
	Trespassing on burial - places, etc.
	Uttering words, etc; with deliberate intent to wound religious feelings.
CHAPTER XVI
OF OFFENCES AFFECTING THE HUMAN BODY *Of Offences affecting Life*
	Culpable homicide.
	Murder.
*300A.*	Explanations of culpable homicide.
	Culpable homicide by causing death of person other than person whose death was intended.
	Punishment for murder.
	* * * *
	Punishment for culpable homicide not amounting to murder.
*304A.*	Causing death by negligence.
	Abetment of suicide of child or insane person.
	Abetment of suicide.
	Attempt to murder. Attempts by life - convicts.
	Attempt to commit culpable homicide.
	Attempt to commit suicide.
	Thug.
	Punishment.
*Of the causing of Miscarriage, of Injuries to unborn Children, of the Exposure of Infants,* *and of the Concealment of Births*
	Causing miscarriage
*312A.*	Sterilization of a woman by Surgery.
*312B.*	Sterilization of a man by Surgery.
*312C.*	Allowing one Self to be Sterilized by Surgery.
*312D.*	Death caused by Sterilization by Surgery.
	Causing miscarriage without woman's’ consent.
	Death caused by act done with intent to cause miscarriage. If act done without woman’s consent.
	Act done with intent to prevent child being born alive or to cause it to die after birth.
	Causing death of quick unborn child by doing act likely to cause death of pregnant woman.
	Exposure and abandonment of child under twelve years by parent or person having care of it
	Concealment of birth by secret disposal of dead body.
*Of Hurt*
	Hurt.
	Grievous hurt.
	Voluntarily causing hurt.
	Voluntarily causing grievous hurt.
	Punishment for voluntarily causing hurt.
	Voluntarily causing hurt by dangerous weapons or means.
	Punishment for voluntarily causing grievous hurt.
	Voluntarily causing grievous hurt by dangerous weapons or means.
	Voluntarily causing hurt to extort property, or to constrain to illegal act.
	Causing hurt by means of poison etc., with intent to commit a offence.
	Voluntarily causing grievous hurt to extort property, or to compel restoration of property.
	Voluntarily causing hurt to extort confession, or to compel rest ration of property.
	Voluntarily causing grievous hurt to extort confession, or to con pci restoration of property.
	Voluntarily causing hurt to deter public servant from his duty.
	Voluntarily causing grievous hurt to deter public servant from his duty.
	Voluntarily causing hurt on provocation.
	Voluntarily causing grievous hurt on provocation.
	Act endangering life or personal safety of others.
	Causing hurt by act endangering life or personal safety of other
	Causing grievous hurt by act endangering life or personal safety others.
*Of Wrongful Restraint and Wrongful Confinement*
	Wrongful restraint.
	Wrongful confinement.
	Punishment for wrongful restraint.
	Punishment for wrongful confinement.
	Wrongful confinement for three or more days.
	Wrongful confinement for ten or more days.
	Wrongful confinement of person for whose liberation writ has been issued.
	Wrongful confinement in Secret.
	Wrongful confinement to extort property, or constrain to illegal act.
	Wrongful confinement to extort confession, or compel restoration of property.
*Of Criminal Force and Assault*
	Force.
	Criminal force.
	Assault.
	Punishment for assault or criminal force otherwise than on grave provocation.
	Assault or criminal force to deter public servant from discharge of his duty.
	Assault or criminal force to woman with intent to outrage her modesty.
	Assault or criminal force with intent to dishonour person, otherwise than on grave provocation.
	Assault or criminal force in attempt to commit theft of property. carried by a person.
	Assault or criminal force in attempt wrongfully to confine a person
	Assault or criminal force on grave provocation,
*Of Kidnapping, Abduction, Slavery and Forced Labour*
	Kidnapping.
	Kidnapping from the Union of Burma.
	Kidnapping from lawful guardianship.
	Abduction.
	Punishment for kidnapping.
	Kidnapping or abducting in order to murder.
	Kidnapping or abduction with intent secretly and wrongfully to confine person.
	Kidnapping, abducting or inducing woman to compel her marriage, etc.
*366A.*	Procuration of minor girl.
*366B.*	Importation of girl from foreign country.
	Kidnapping or abducting in order to subject person to grievous hurt slavery, etc.
	Wrongfully concealing or keeping in confinement kidnapped or abducted person.
	Kidnapping or abducting child under ten years with intent to steal from its person.
	Buying or disposing of any person as a slave.
	Habitual dealing in slaves.
	Selling minor for purposes fof prostitution, etc.
	Buying minor for purposes of prostitution, etc.
	Unlawful compulsory labour.
*Of Rape*
	Rape.
	Punishment for rape.
*Of Unnatural Offences*
	Unnatural offences.
CHAPTER XVII
OF OFFENCE AGAINST PROPERTY *Of Theft*
	Theft.
	Punishment for theft.
	Theft in dwelling - house, etc.
	Theft by clerk or servant of property in possession of master.
	Theft after preparation made for causing death, hurt or restraint, in order to the committing of the theft.
*Of Extortion*
	Extortion.
	Punishment for extortion.
	Putting person in fear of injury in order to commit extortion.
	Extortion by putting a person in fear of death or grievous hurt.
	Putting person in fear of death or of grievous hurt, in order to commit extortion.
	Extortion by threat of accusation of an offence punishable with death or transportation, etc.
	Putting person in fear of accusation of offence; in order to commit extortion.
*Of Robbery and Dacoity*
	Robbery. When theft is robbery. When extortion is robbery.
	Dacoity.
	Punishment for robbery.
	Attempt to commit robbery.
	Voluntarily causing hurt in committing robbery.
	Punishment for dacoity.
	Dacoity with murder.
	Robbery or dacoity, with attempt to cause death or grievous hurt.
	* * * *
	Making preparation to commit dacoity.
	Punishment for belonging to gang of dacoits.
	Punishment for belonging to gang of thieves
	Assembling for purpose of committing dacoity.
*Of Criminal Misappropriation of property*
	Dishonest misappropriation of property.
	Dishonest misappropriation of property possessed by deceased person at the time of his death.
*Of Criminal Breach of Trust*
	Criminal breach of trust.
	Punishment or criminal breach of trust.
	Criminal breach of trust by carrier, etc.
	Criminal breach of trust by clerk or servant.
	Criminal breach of trust by public servant, or by banker, merchant or agent.
*Of the Receiving of Stole,, Property*
	Stolen property.
	Dishonestly receiving stolen property.
	Dishonestly receiving property stolen in the dacoity.
	Habitually dealing in stolen property.
	Assisting in concealment of stolen property.
*Of Cheating*
	Cheating.
	Cheating by personation.
	Punishment for cheating.
	Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect.
	Punishment for cheating by personation.
	Cheating and dishonestly inducing delivery of property.
*Of Fraudulent Deeds and Dispositions of Property*
	Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors.
	Dishonestly or fraudulently preventing debt being available for creditors
	Dishonest or fraudulent execution of deed of transfer containing false statement of consideration.
	Dishonest or fraudulent removal or concealment of property.
*Of Mischief*
	Mischief.
	Punishment for mischief.
	Mischief causing damage to the amount of fifty rupees.
	Mischief by killing or maiming animal of the value often rupees.
	Mischief by killing or maiming cattle. etc., of any value or any animal of he value of fifty rupees.
	Mischief by injury to works of irrigation or by wrongfully diverting water
	Mischief by injury to public road, bridge, river, or channel.
	Mischief by causing inundation or obstruction to public drainage attended with damage.
	Mischief by destroying, moving or rendering less useful a light-house or sea - mark.
	Mischief by destroying or moving. etc., a land - mark fixed by public authority.
	Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupee.
	Mischief by fire or explosive substance with intent to destroy house, etc.
	Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden.
	Punishment for the mischief described in section 437 committed by fire of explosive substance.
	Punishment for intentionally running vessel aground or ashore with intent to commit theft. etc.
	Mischief committed after preparation made for causing death or hurt.
*Of Criminal Trespass*
	Criminal trespass.
	House - trespass.
	Lurking house - trespass.
	Lurking house - trespass by night.
	House - breaking.
	House - breaking by night.
	Punishment for criminal - trespass.
	Punishment for house - trespass.
	House - trespass in order to commit offence punishable with death.
	House - trespass in order to commit offence punishable with transportation for life.
	House -. trespass in order to commit offence punishable with imprisonment.
	House - trespass after preparation for hurt, assault or wrongful restraint.
	Punishment for lurking house - trespass or house - breaking.
	Lurking house - trespass or house - breaking in order to commit offence punishable with imprisonment.
	Lurking house - trespass Or house - breaking after preparation for hurt, assault or wrongful restraint.
	Punishment for lurking house - trespass or house - breaking by night.
	Lurking house - trespass or house - breaking by night in order to commit offence punishable with imprisonment.
	Lurking house - trespass or house - breaking by night after ration for hurt, assault or wrongful restraint.
	Grievous hurt caused whilst committing lurking house -or house - breaking.
	All persons jointly concerned in lurking house - trespass or - breaking by night punishable where death or grievous hurt caused by one of them.
	Dishonestly breaking open receptacle containing property.
	Punishment for same offence when committed by person entrusted with custody.
CHAPTER XVIII
OF OFFENCES RELATING TO DOCUMENT TO TRADE OR PROPERTY MARKS.
	Forgery.
	Making a false document.
	Punishment for forgery
	Forgery of record of Court of public register. etc.
	Forgery of valuable security, will, etc.
	Forgery of purpose of cheating.
	Forgery of purpose of harming reputation.
	Forged document.
	Using as genuine a forged document.
	Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467.
	Making or possessing counterfeit seal, etc. with intent to commit forgery punishable under section 467.
	Having possession of document described in section 466 or 467, knowing it to be forged and intending~ to use for authenticating documents described in section 467, or possessing counterfeit marked material.
	Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material.
	Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material.
	Fraudulent cancellation destruction, etc, of will, authority to adopt, or valuable security.
*477A.*	Falsification of accounts.
*Of Trade, Property and Other Marks.*
	Trademark.
	Property mark.
	Using a false trade mark.
	Using a false property mark.
	Punishment for using a false trade mark or property mark.
	Counterfeiting a trade mark or property mark used by another.
	Counterfeiting a mark used by a public servant.
	Making or possession of any instrument for counterfeiting a trade mark or property mark.
	Selling goods marked with a counterfeit trade mark or property mark.
	Making a false mark upon any receptacle containing goods.
	Punishment for making use of any such false mark.
	Tampering with property mark with intent to cause injury.
*Of Currency* - *Notes and Bank* - *Notes*
*489A.*	Counterfeiting currency - notes or bank - notes.
*489B.*	Using as genuine forged or counterfeit currency - notes or bank -notes.
*489C.*	Possession of forged or counterfeit currency - notes or bank -notes.
*489D.*	Making or possessing instruments or materials for forging or counterfeiting currency-notes or bank - notes.
CHAPTER XIX
OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE
	* * * *
	Breach of contract to attend on and supply wants of helpless person.
	* * * *
CHAPTER XX
OF OFFENCES RELATNG TO MARRIAGE
	Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.
	Marrying again during life - time of husband or wife.
	Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.
	Marriage ceremony fraudulently gone through without lawful marriage.
	Adultery.
	Enticing or taking away or detaining with criminal intent a married woman.
CHAPTER XXI
OF DEFAMATION
	Defamation. Imputation of truth which public good requires to be made or published. Public conduct of public servants. Conduct of any person touching any public question. Publication of reports of proceedings of Courts. Merits of case decided in Court, or conduct of witnesses and others concerned. Accusation preferred in good faith to authorized person. Imputation made in good faith by person for protection of his or other’s interests. Caution intended for good of person to whom conveyed or for public good.
	Punishment for defamation.
	Printing or engraving matter known to be defamation
	Sale of printed or engraved substance containing defamatory matter.
CHAPTER XXII
OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE
	Criminal intimidation.
	Intentional insult with intent to provoke breach of the peace.
	Statements conducing to public mischief.
	Punishment for criminal intimidation. If threat be to cause death or grievous hurt, etc.
	Criminal intimidation by an anonymous communication.
	Act caused by inducing person to believe that he will be rendered an object of Divine displeasure.
	Word, gesture or act intended to insult the modesty of a woman.
	Misconduct in public by a drunken person.
CHAPTER XXIII
OF ATTEMPTS TO COMMIT OFFENCES
	Punishment for attempting to commit offences punishable with transportation or imprisonment.

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. (Back)

.................................................................

* 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.

(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. (Back)

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. (Back)

...................................................

^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. (Back)

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. (Back)

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. (Back)

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. (Back)

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. (Back)

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.

..............................................................

* 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. (Back)

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.

............................................................

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.

............................................................

^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. (Back)

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.

....................................................................

^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

................................................................

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. (Back)

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. (Back)

..............................................................

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. (Back)

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