Bangladesh penal code pdf download in bangla

Free YouTube Downloader. IObit Uninstaller. Internet Download Manager. Advanced SystemCare Free. VLC Media Player. MacX YouTube Downloader. Microsoft Office YTD Video Downloader. Adobe Photoshop CC. VirtualDJ Avast Free Security. WhatsApp Messenger. Talking Tom Cat. Clash of Clans. Subway Surfers. TubeMate 3. Google Play. Betty White th birthday movie party. C, The main purpose of legislation is to create or amend law in a manner which implements policy accurately and effectively. One aspect of legislation which distinguishes it from almost all other types of written work is the use of textual amendment as a mechanism to change or repeal existing law.

The ultimate form of restating legislation is consolidation. Consolidating all existing legislation in a topic brings with it the opportunity to consider how it can best be recast for the benefit of those who will use it.

Legislation can also be codified although codification is more usually associated with formalizing the common law. Codification means bringing all amendments to a given law adopted at different times into one law.

Codifying is distinguishable from consolidating in that codification can change the substance of the law on a topic when it brings it together. There is undoubted value in having all the law on a particular topic included in a single document. The processes of consolidating and codifying can be used to free the law from constrictions imposed by the existing legal framework. Different Types of Statutes: There are different types of statutes existing in law. It is law-making by legislation.

The Indian Penal Code belongs to this category. The Transfer of Property Act, belongs to this category. It may make new law as well as consolidate the existing law on a particular subject. Hindu Law is such type of law. Code: As mentioned in the Wikipedia, code means, 1 a set of rules which are accepted as general principles, or a set of written rules which state how people in a particular organization or country should behave.

So, code means the whole body of law; whether of a complete system of law e. Legal Code: A legal code is a body of law written and enforced by a state.

In addition to a body of substantive law, a legal code also specifies certain court procedures and rules of evidence. On the other hand, criminal law is the body of law that defines criminal offences, regulates the apprehension, charging, and trial of suspected offenders, and fixes punishment for convicted persons. Substantive criminal law defines particular crimes, and procedural law establishes rules for the prosecution of crime. Criminal procedure is entirely regulated by the statute which is mainly guided by the Code of Criminal Procedure CrPC.

The British established colonies and imposed their criminal law upon the inhabitants of those colonies. However, these, and other legal systems, are also influenced by early written codes, such as the Roman Twelve Tables. There was no criminal law in uncivilized society. Every man was liable to be attacked in his person or property at any time by any one.

The person attacked either succumbed or overpowered his opponent. A tooth for a tooth, an eye for an eye, a life for a life was the forerunner of criminal justice.

As time advanced, the injured person agreed to accept compensation, instead of killing his adversary. Subsequently, a sliding scale came into existence for satisfying ordinary offences. Such a system gave birth to archaic criminal law.

For a long time, the application of these principles remained with the parties themselves, but gradually this function came to be performed by the State. The germs of criminal jurisprudence came into existence in India from the time of Manu. In the category of crimes Manu has recognized assault, theft, robbery, false evidence, slander, criminal breach of trust, cheating, adultery and rape. In that period the king administered justice himself, and, if busy, the matter was entrusted to a judge.

Later on the Criminal law of India was regulated by the Islamic sharia law as it was conquered by the Muslim Sultans and Mughals. Construction of the Criminal Procedure Code: The Code of Criminal Procedure id a procedural penal statute and it provides for machinery for punishment and prevention of offences.

Since it is a penal statute in nature, it must be construed strictly as opposed to liberal interpretation. This means in case of ambiguity, this Code should be interpreted in favor of the individual or subject. By the late nineteenth century, the production of legal codes in India had become so prolific that many administrators questioned its expense and utility.

The First Law Commission was composed of T. Macaulay as Chairman and four members. The members of the Commission prepared a draft Pena Code which they submitted to Lord Auckland, the Governor-General, on 2nd May, which did not become law till The first Criminal Code of was amended in which is known as 2nd Criminal Code.

The 3rd Criminal Code was made in changing the previous one. Thereafter 16 amendments were made to it and later on a Select committee was constituted. Based on the report of the select committee the existing Criminal Procedure Code was passed in the year of In a severe change was made to it based on the recommendation of a Joint-Committee.

A great change was made to the CrPC in the year of after the independence of Bangladesh. Recently in the Government has enacted an amended Criminal Code as a part of its commitment to the separation of judiciary.

Contents of CrPC at a Glance: There were sections in the original Code but afterwards a lot of sections have been repealed such as sections — to , to , 2, 3, 23, 24, 26, 27, A, 30, 34, A, , , , , , , A, A, B, , , , , , A, , to , , to , , to , A, A, A, , , , , , , to In the Code there are five schedules of which schedule-1 was repealed. Schedule-2 gives a chart of offences; punishments; by whom it will be adjudged; nature of offences etc.

Schedule-3 states the ordinary jurisdictions of the Magistrates. Schedule-4 states about the extra-ordinary jurisdictions of the Magistrates and schedule-5 gives various forms of summon, warrant, proclamation of arrest, bail bond etc. The Code deals with the constitution of criminal courts, classifies them, defines their powers, lays down the procedure for criminal proceedings, inquiries or trials, prescribes the duties of the police in arresting offenders and investigating offences and also contains provisions for their prevention.

Is CrPC a Code? Though termed as a code, the CrPC is basically a consolidating and amending Act and not a codifying statute. In strict and proper sense a Code is compilation not of just existing statutes, but also of much of the unwritten law like customs, judicial decisions etc. On the other hand, consolidated legislation purports to collect only pre- existing statutes on a particular subject. It does not include common law or customary rules and judicial precedent. CrPC is not a code in the proper sense of the term.

This is more fully clear from the long title of the Act. V of ], the long title, i. Adjective of procedural criminal law provides machinery for criminal cases and punishment of offenders against substantive criminal laws, e. However, CrPC is not the only procedural law for punishing offenders. It is the main general law of procedure for criminal proceedings but any other statute or special law may determine aspects of procedural law.

Object of the CrPC, The CrPC though mainly an adjective or procedural law deals with many other aspects: it deals with the constitution of criminal courts, classifies them, defines their powers etc. For instance, section creates a separate offence in case of false, frivolous and vexatious accusations in cases tried by Magistrates.

In addition to offences created by sections and in the Penal Code, section of the CrPC creates another offence of false accusation and punishment has been prescribed in that very section also. Likewise, section A of the CrPC crates another offence with punishment for non-attendance by a witness in obedience to summons. If any witness fails, without just excuses, to appear before which the witness is to appear may try him summarily and sentence him to fine not exceeding two hundred taka and fifty.

Thus although CrPC is generally a procedural law deals with matters of substantive law also. The object, purpose, or design of all procedural law is to further the ends of justice and not to frustrate them by the introduction of endless technicalities. It extends to other proceedings of Criminal or Quasi-Criminal nature.

Where the accused alleges and shows substantial prejudice caused to him the compliance of law is not substantial.

Justice is to be shown to have been done according to law and it is not sacrificed at the altar of the procedure. Trial is neither an investigation nor an inquiry. Investigation is the power vested in the police and inquiry is the power vested in a Magistrate. It is a stage prior to trial. Trial begins when the charge is framed, read out and explained to the accused and his plea is recorded. Trial of the criminal cases is one of the basic fields of application of the CrPC, The Code deals with the proceedings of trial in the criminal cases.

Under the Code the nature of the procedure of trial of these two courts are different. Trial procedures of the two courts are discussed as under. Trial in the Magistrate Court Trial in the Magistrate court takes two forms, which are discussed in two different chapter of the CrPC, About these two forms of trial in the Magistrate court are discussed as under.

Emperor 34 Cr. Though the regular trail ordinarily starts with the framing of the charge but before the framing of the charge there is a pre-trial hearing stage. The provision enjoins the Court to discharge the accused when there is no ground or proceeding with the case but the order must record reasons thereof.

But when the Court framed charge it is not required of the Court to record reason. Before passing an order of discharge the Magistrate should first take into consideration, 7 In police case, the prosecution case as given in FIR, charge-sheet, statements of witnesses record by police and the documents produced including medical certificate; 7 In complaint case, the petition of complaint, statement of witnesses recorded during judicial enquiry, report of inquiry officer and medical certificate if produced.

State-Discharge of the accused when no prima facie case is made out from the materials on record-The FIR discloses the initial intention to deceive and the learned judges found prima facie case disclosed from the allegation made in the FIR and as such found no ground at this stage to quash the proceedings.

Ershad vs. The State-This provision casts a duty on Judge to discharge accused when there is no ground for proceeding with the case and his order must record reasons thereof.

The Court has jurisdiction to pass an order of discharge if it was satisfied that the charge was groundless for which it was to give reasons but if it framed charge it was not required of the court to record reasons.

The Magistrate before taking any evidence but considering the provision of section A CrPC shall frame charge. A charge under this section should allege all that is necessary to constitute the offence charged. On the fulfillment of these conditions, charge should be framed. A finding about commission of offence must be based on evidence. Billal Hossain-The trail court has a wide power to frame charges and this cannot be interfered with by Revisional Court by way of giving direction for altering a charge or framing charge Ref: 13 BLD After the framing of the charge the Magistrate shall ask the accused whether he admits his guilt or not.

And if the accused admit his guilt the Magistrate may convict him according to law. A plea of guilty is an admission of all the facts on which the charge is founded as well as an admission of guilt in respect of them. It is important that the exact words of the accused, as nearly as possible, should be recorded.

Magistrates have to remember that a conviction on admission is not final. It is open to revision and the superior court has to be satisfied that what was thought to be an admission was really so and for that purpose the must be recorded in own words of the accused.

The Magistrate has discretion to accept the plea of guilty or not to accept. Accused cannot be convicted on his admission unless the facts admitted amount to an offence. State-He alleged admission of guilt was not recorded as nearly as possible in the words used by the accused.

Section CrPC is mandatory, the violation of which causes prejudice to the accused and is not curable under section CrPC. The State-Violate on of the mandatory requirements of Section in recording the individual statements of the accused either in their language or in words as nearly as expressed by them is not curable by section Conviction and sentence are not sustainable in law accordingly Ref: 20 DLR Satyapda Biswas-Conviction is legal solely on the confession of the accused.

If the accused himself admits his guilt there is no necessary to enter into the whole gamut of a legal trial. Here under this provision it is merely said that the Magistrate shall hear the complainant. It does not say that the complainant is to be examined. Non-examination of the complainant does not vitiate the proceedings. Moreover, the Magistrate is bound to hear the accused and his witnesses. The Magistrate has no discretion in this matter. The right of cross-examination is exercised under this procedure.

Sadiq Javeed vs. The State-Magistrate is competent to abandon subsequently a defense witness who though considered by him to be unnecessary, was nevertheless summoned. These are very important provisions of the trial procedure under the Magistrate court. Acquittal is ordered by the Magistrate when the Magistrate does not find any guilt against the accused. But it is not open to the Magistrate to refuse to examine the witnesses produced by the complainant and the acquittal of the accused, without recording any evidence is clearly illegal.

Harassment via e-mails. Dissemination of obscene material. Indecent exposure vii. Email spoofing viii. Computer vandalism. Transmitting virus. Netrespass iv.

Intellectual Property crimes vi. Internet time thefts Against Organization: - i. Possession of unauthorized information. Cyber terrorism against the government organization.

Distribution of pirated software etc. Pornography basically child pornography. Polluting the youth through indecent exposure. Trafficking iv. Financial crimes v. Sale of illegal articles vi. Online gambling vii. Forgery The above mentioned offences may be discussed in brief as follows: 1. Harassment via e-mails- Harassment through e-mails is not a new concept. It is very similar to harassing through letters.

Recently I had received a mail from a lady wherein she complained about the same. Her former boy friend was sending her mails constantly sometimes emotionally blackmailing her and also threatening her.

This is a very common type of harassment via e-mails. Cyber-stalking- The Oxford dictionary defines stalking as "pursuing stealthily". Cyber stalking involves following a person's movements across the Internet by posting messages sometimes threatening on the bulletin boards frequented by the victim, entering the chat-rooms frequented by the victim, constantly bombarding the victim with emails etc.

It may include the hosting of web site containing these prohibited materials. Use of computers for producing these obscene materials. Downloading through the Internet, obscene materials.

These obscene matters may cause harm to the mind of the adolescent and tend to deprave or corrupt their mind. Two known cases of pornography are the Delhi Bal Bharati case and the Bombay case wherein two Swiss couple used to force the slum children for obscene photographs. The Mumbai police later arrested them. Defamation- It is an act of imputing any person with intent to lower the person in the estimation of the right-thinking members of society generally or to cause him to be shunned or avoided or to expose him to hatred, contempt or ridicule.

Cyber defamation is not different from conventional defamation except the involvement of a virtual medium. The Indian law has however given a different connotation to the term hacking, so we will not use the term "unauthorized access" interchangeably with the term "hacking" to prevent confusion as the term used in the Act of is much wider than hacking.

E- mail spoofing- A spoofed e-mail may be said to be one, which misrepresents its origin. It shows it's origin to be different from which actually it originates. Recently spoofed mails were sent on the name of Mr. Vijayashankar naavi. Rajesh Manyar, a graduate student at Purdue University in Indiana, was arrested for threatening to detonate a nuclear device in the college campus.

The alleged e- mail was sent from the account of another student to the vice president for student services. However the mail was traced to be sent from the account of Rajesh Manyar.

Computer vandalism- Vandalism means deliberately destroying or damaging property of another. Thus computer vandalism may include within its purview any kind of physical harm done to the computer of any person.

These acts may take the form of the theft of a computer, some part of a computer or a peripheral attached to the computer or by physically damaging a computer or its peripherals. Any unlawful act by which the owner is deprived completely or partially of his rights is an offence. The common form of IPR violation may be said to be software piracy, copyright infringement, trademark and service mark violation, theft of computer source code, etc. The Hyderabad Court has in a land mark judgement has convicted three people and sentenced them to six months imprisonment and fine of 50, each for unauthorized copying and sell of pirated software.

Cyber terrorism against the government organization- At this juncture a necessity may be felt that what is the need to distinguish between cyber terrorism and cyber crime. Both are criminal acts. However there is a compelling need to distinguish between both these crimes. A cyber crime is generally a domestic issue, which may have international consequences, however cyber terrorism is a global concern, which has domestic as well as international consequences.

The common form of these terrorist attacks on the Internet is by distributed denial of service attacks, hate websites and hate emails, attacks on sensitive computer networks, etc. Technology savvy terrorists are using bit encryption, which is next to impossible to decrypt. The recent example may be cited 1 Deccan Herald A terrorist means a person who indulges in wanton killing of persons or in violence or in disruption of services or means of communications essential to the community or in damaging property with the view to — 1 putting the public or any section of the public in fear; or 2 affecting adversely the harmony between different religious, racial, language or regional groups or castes or communities; or 3 coercing or overawing the government established by law; or 4 endangering the sovereignty and integrity of the nation and a cyber terrorist is the person who uses the computer system as a means or ends to achieve the above objectives.

Every act done in pursuance thereof is an act of cyber terrorism. Trafficking- Trafficking may assume different forms. It may be trafficking in drugs, human beings, arms weapons etc. These forms of trafficking are going unchecked because they are carried on under pseudonyms. A racket was busted in Chennai where drugs were being sold under the pseudonym of honey. It may assume different forms. Some of the cases of online fraud and cheating that have come to light are those pertaining to credit card crimes, contractual crimes, offering jobs, etc.

Recently the Court of Metropolitan Magistrate Delhi 2 found guilty a year- old engineer working in a call centre, of fraudulently gaining the details of Campa's credit card and bought a television and a cordless phone from Sony website. Instead, Azim was asked to furnish a personal bond of Rs 20,, and was released on a year's probation.

As a consequence of which the Information Technology Act was passed and enforced on 17th May The basic purpose to incorporate the changes in these Acts is to make them compatible with the Act of So that they may regulate and control the affairs of the cyber world in an effective manner. The important sections are Ss. Section 43 in particular deals with the unauthorised access, unauthorised downloading, virus attacks or any contaminant, causes damage, disruption, denial of access, interference with the service availed by a person.

This section provide for a fine up to Rs. Further section 67 deals with publication of obscene material and provides for imprisonment up to a term of 10 years and also with fine up to Rs.

The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the special laws enacted to penalize these crimes. In this regard, I like to say that the Penal Code, is not effective enough in dealing with cyber crimes. The parliament of Bangladesh has enacted Information and Communication Technology Act, which defines certain activities as crime.

So we can say that, the activities which made punishable under the Information and Technology Act of shall be the cyber crimes for the territory of Bangladesh.

Mischief of computer and computer system 1 2. Alteration of source code of commuter 2 3. Hacking in computer system 3 4.