THE PENAL CODE

CONTENTS

CHAPTER I

INTRODUCTION

Sections

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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."

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"Servant of the Government."

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"Government."

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"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."

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"Oath."

"Good faith.".

52A.

"Harbour."

CHAPTER III

OF PUNISHMENTS

Punishments.

Commutation of sentence of death.

Commutation of sentence of transportation for life.

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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.

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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.

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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.

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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.