Código Penal (India Act XLV, 1860) (modificado por la Ley N° 10/2019 de 25 de marzo de 2019), Myanmar, WIPO Lex

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Inglés Penal Code (India Act XLV, 1860) (as amended up to Law No. 10/2019 of March 25, 2019)

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Myanmar Penal Code of 1860 (India Act XLV) (as amended up to Law No. 10 of March 25, 2019)

THE PENAL CODE

(INDIA ACT XLV, 1860)

(1st May, 1861)

[Amendment: 07.01.2016, 25.03.2019]

1. ****

CHAPTER I

INTRODUCTION

Punishment of offences committed within the Union of Burma.

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.

Punishment of offences committed beyond, but which by law may be tried 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 delth 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.

Extension of Code to extra-territorial offences.

4. The provisions of this Code apply also to any offence committed by (any citizen of the Union wherever he may

be) .

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.

Certain laws not to be affected by this Code.

s. Nothing in this Code is intended to affect any Act for punishing Defence Services Personnel or any special or

local law.

CHAPTER II

GENERAL EXPLANATIONS

Definitions in the Code to be understood subject to exceptions.

6. Throughout this Code every definition of an offence, penal provision, and every illustration of every such

definition or penal provision, shall be understood subject to the exceptions contained in the chapter entitled "

General Exceptions," though those exceptions are not repeated in such definition, penal provision or

illustration.

Illustrations

(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 offences; but the definations 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."

Sense of expression once explained.

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.

Gender.

8. The pronoun "he" and its derivatives are used of any person, whether male or female.

Number.

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.

"Man." "Woman."

10. The word "man" denotes a male human being of any age: the word "woman" denotes a female human being

of any age.

"Person."

11. The word "person" includes any company or association, or body of persons, whether incorporated or not.

"Public."

12. The word "public" includes any class of the public or any community.

13. * * * *

"Servant of the Government.

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. "Imprisonment for life" means imprisonment passed on a convicted person to serve in the prison until death.

16. * * * *

"Government."

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. * * * *

"Judge."

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.

1llustrations

(a) A Collector exercising jurisdiction in a suit under Act X of 1859 is a Judge.

(b) A Judge exercising jurisdiction in respect of a charge on which he has power to sentence to fine or

imprisonment, with or without appeal, is a judge.

(c)****

(d) A Judge exercising jurisdiction in respect of a charge on which he has power only to commit for trial to

another Court is not a Judge.

"Court of Justice."

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 of Judges is acting

judicially.

"Public servant."

21. The words "public servant" denote a person falling under any of the descriptions hereinafter following

namely:-

First. - Every covenanted servant of the Government:

Second. - Every commissioned Officer in the Defence Services:

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 administrator of ward or village-tract 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;

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, or 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 in 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 member of Development Committee or Body is a public servant.

Explanation 1. - Persons falling under any of the above descriptions are public servants, whether appointed

by the Government or not.

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 the respective Hluttaw or any

Development Committee or Body or other public authority.

"Moveable property."

22. The words "moveable property" are intended to include corporeal property of every description, except land

and things attached to the earth or permanently fastened to anything which is attached to the earth.

"Wrongful gain."

23. "Wrongful gain" is gain by unlawful means of property to which the person gaining is not legally entitled.

"Wrongful loss."

"Wrongful loss" is the loss by unlawful means of property to which the person losing it is legally entitled.

Gaining wrongfully. Losing wrongfully.

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, as

well as when such person is wrongfully deprived of property.

"Dishonesty."

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."

"Fraudulently."

25. A person is said to do a thing "fraudulently" if he does that thing with intent to defraud but not otherwise.

"Reason to believe."

26. A person is said to have "reason to believe" a thing if he has sufficient cause to believe that thing but not

otherwise.

Property in possession of wife, clerk or servant.

27. When property is in the possession of a person's wife, clerk or servant, on account of that person, it is in that

person's possession within the meaning of this Code.

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.

"Counterfeit."

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 that deception would thereby be practised.

"Document."

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.

"Valuable security."

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 the effect of this 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."

"A will."

31. The words "a will" denote any testamentary document.

Words referring to acts include illegal omissions.

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.

"Act." "Omission."

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.

Acts done by several persons in furtherance of common intention.

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.

When such an act is criminal by reason of its being done with a criminal knowledge or intention.

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.

Effect caused partly by act and partly by omission.

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 of 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.

Co-operation by doing one of several acts constituting an offence.

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.

1llustrations

(a) A and B agree to murder Z by severally and at different times giving him small doses of poison. 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 Bare 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 in 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.

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.

Persons concerned in criminal act may be guilty of different offences.

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.

"Voluntarily."

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.

Illustration

A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating 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.

"Offence."

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, sections 64, 65, 66, 67, 71, 109, 110, 112, 114,

115,116,117,187,194,195,203,211,213,214,221,222,223,224,225,327,328,329,330,331,347,348,

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 under 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.

"Special law."

41. A "special law" is a law applicable to a particular subject.

"Local law."

42. A "local law" is a law applicable only to a particular part of the Union of Burma.

"Illegal.", "Legally bound to do."

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.

"Injury."

44. The word "injury" denotes any harm whatever illegally caused to any person, in body, mind, reputation or

property.

"Life."

45. The word "life" denotes the life of a human being, unless the contrary appears from the context.

"Death."

46. The word "death" denotes the death of a human being, unless the contrary appears from the context.

"Animal."

47. The word "animal" denotes any living creature, other than a human being.

"Vessel."

48. The word "vessel" denotes anything made for the conveyance by water of human beings or of property.

"Year.", "Month."

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 Gregorian calendar.

50. * * * *

"Oath."

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.

"Good faith."

52. Nothing is said to be done or believed in "good faith" which is done or believed without due care and

attention.

"Harbour."

52A. 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, arms, ammunition or means of conveyance, or the assisting of a person by any means, whether of the

same kind as those enumerated in this section or not, to evade apprehension.

CHAPTER Ill

OF PUNISHMENTS

Punishments

53. The punishments to which offenders are liable under the provisions of this Code are :

First. - Death;

Secondly.-- Imprisonment for life;

[* * * *]

Fourthly. - Imprisonment, which is of two descriptions, namely:

(!) Rigorous, that is, with hard labour:

(2) Simple;

[* * * *]

Sixthly. - Fine.

Commutation of sentence of death.

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.

Commutation of sentence of imprisonment for a term of twenty years.

55. In every case in which sentence of imprisonment for a term of twenty years 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 fourteen years.

56. * * * *

57. Repeal

58. Repeal

59. Repeal

Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.

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.* * * *

Amount of fine.

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.

Sentence of imprisonment for non-payment of fine.

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.

Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable.

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 of imprisonment which is the maximum fixed for the offence, if the offence be

punishable with imprisonment as well as fine.

Description of imprisonment for non-payment of 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.

Imprisonment for non-payment of fine when offence punishable with fine only.

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 five thousand kyats, and for any term not exceeding four

months when the amount, shall not exceed ten thousand kyats, and for any term not exceeding six months in

any other case.

Imprisonment to terminate on payment of fine.

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.

Termination of imprisonment on payment of proportional part of fine.

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 ten thousand kyats and to four months' imprisonment in default of payment. Here,

if seven thousand and five hundred kyats 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 seven thousand and

five hundred kyats 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 five thousand kyats 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 five thousand kyats 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.

Fine leviable within six years or during imprisonment. Death not to discharge property from liability.

70. The fine, or any part thereof which remains unpaid, may belevied at any time within six years after the

passing of the sentence, and if, under the sentence, the offender 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.

Limit of punishment of offence made up of serval offences.

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 offences, 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 or 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 fifty 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 Y, 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.

Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which.

72. In all cases in which judgment is given that a person is 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.

Solitary confinement.

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 any 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.

Limit of solitary confinement.

74. In executing a sentence of solitary confinement, such confinement 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 confinement 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 -

Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction.

(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. (* *)

(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 imprisonment for a term of twenty years, or to

imprisonment of either description for a term which may extend to ten years.

CHAPTER IV

GENERAL EXCEPTIONS

Act done by a person bound, or by mistake of fact believing himself bound, by law.

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, an officer of a 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.

Act of Judge when acting judicially.

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.

Act done pursuant to the judgment or order of Court.

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.

Act done by a person justified, or by mistake of fact believing himself justified, by law.

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.

Accident in doing a lawful act.

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.

Act likely to cause harm, but done without criminal intent, and to prevent other harm.

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.

1llustrations

(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 vessel, and that, by changing his course,

he must incur risk of running down a boat C with only 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 imminent as to excuse A's act, A is not guilty of an offence.

Act of a child under seven years of age.

82. Nothing is an offence which is done by a child under seven years of age.

Act of a child above seven and under twelve of immature understanding.

83. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not

attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that

occasion.

Act of a person of unsound mind.

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.

Act of a person incapable of judgment by reason of intoxication caused against his will.

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.

Offence requiring particular intent or knowledge committed by one who is intoxicated.

86. In cases where an act done is not an offence unless done with a 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.

Act not intended and not known to be likely to cause death or grievous hurt, done by consent.

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.

Act not intended to cause death, done by consent in good faith for person's, benefit.

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.

Act done in good faith for benefit of child or insane person, by or by consent of guardian.

89. Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound

mind, by or by consent, either express or implied, of the guardian or other person 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 -

Provisos.

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 grievous 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 much as his object was the cure of the child.

Consent known to be given under fear or misconception.

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

Consent of insane person.

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 gives his consent; or

Consent of child.

unless the contrary appears from the context, if the consent is given by a person who is under twelve years of

age.

Exclusion of acts which are offences independently of harm caused.

91. The exceptions in sections 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.

Act done in good faith for benefit of a person without consent.

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 him from whom it is possible to obtain consent in time for the thing to be done with

benefit: Provided-

Provisos.

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 knowns 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 any 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.

Illustrations

(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

intendint to kill Z, and in good faith intending Z's benefit. A's ball gives Z a mortal wound. A has

committed no offence.

immediately performed. There is no time to apply to the child's guardian. A performs 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.

Communication made in good faith.

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 is made, for the benefit of that person.

Illustration

A, a surgeon, in good faith communicates to a patient his opinion that he cannot live. The patient dies 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.

Act to which a person is compelled by threats

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.

Act causing slight harm.

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

Things done in private defence.

96. Nothing is an offence which is done in the exercise of the right of private defence.

Right of private defence of the body and of property.

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.

Right of Private defence against the act of a person of unsound mind, etc.

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.

1llustrations

(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.

Acts against which there is no right of private defence.

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.

Extent to which the right may be exercised.

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 attempted 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.

When the right of private defence of the body extends to causing death.

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 occasions

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.

When such right extends to causing any harm other than death.

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.

Commencement and continuance of the right of private defence of the body.

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.

When the right of private defence of property extends to causing death.

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 or grievous hurt will be the consequence if such right of private defence is not

exercised.

When such right extends to causing any harm other than death.

104. If the offence, the committing of which, or the attempting to commit which, occasions the exercise of the

right of private defence, be theft, mischief or criminal trespass, not of any of the descriptions enumerated in

the last preceding section, that right does not extend to the voluntary causing of death, but does extend,

subject to the restrictions mentioned in section 99, to the voluntary causing to the wrong-doer of any harm

other than death.

Commencement and continuance of the right of private defence of property.

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.

Right of private defence against deadly assault when there is risk of harm to innocent person.

106. 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.

Abetment of a thing.

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 persons 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 to 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 wilful misrepresentation, or by wilful 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.

Illustration

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, wilfully represents to A that C 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.

Abettor.

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 the 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 instigates B to murder D. Bin 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, does the act in the absence of A and thereby 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.

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.

Illustration

A instigates B to instigate C to murder Z. B accordingly instigates C to 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, as A instigated B to commit offence, 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 the offence is committed.

Illustration

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, but without mentioning A's name. C

agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the

manner explained. A administers the poison; Z dies in consequence. Here though A and C have not

conspired together, yet C has been engaged 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.

Abetment in the Union of Burma of offences outside it.

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.

Illustration

A, in the Union of Burma instigates B, a foreigner in Goa, to commit a murder in Goa. A is guilty of abetting

murder.

Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its

punishment.

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 for 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 consequence 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.

1llustrations

(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 abetted 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.

order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A's

absence and thereby causes l'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.

Punishment of abetment if person abetted does act with different intention from that of abettor.

110. Whoever abets the commission of an offence shall, if the person abetted does the act with a different

intention or knowledge from that of the abettor, be punished with the punishment provided for the offence

which would have been committed if the act had been done with the intention or knowledge of the abettor

and with no other.

Liability of abettor when one act abetted and different act done.

111. 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 had directly abetted it:

Proviso.

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 poison into the food of Z. and gives him poison for that purpose. The child, in

consequence of the instigation, by mistake puts the poison into the food of V, which is by the side of that

of Z. 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 poison into the food of V.

(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 burning.

them with arms for that purpose. B and C break into the house, and being resisted by Z, one of the

inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to the

punishment provided for murder.

Abettor when liable to cumulative punishment for act abetted and for act done.

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.

Illustration

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 also be liable to punishment for each of the offences.

Liability of abettor for an effect caused by the act abetted different from that intended by the abettor,

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.

Illustration

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.

Abettor present when offence is committed.

114. Whenever any person, who if absent would be liable to be 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.

Abetment of offence punishable with death or transportation for life-if offence not committed.

115. Whoever abets the commission of an offence punishable with death or imprisonment for a term of twenty

years 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;

If act causing harm be done in consequence.

and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any

person, is 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.

Illustration

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 imprisonment for a term of twenty years. Therefore A is liable to

imprisonment for a term which may extend to seven years and also to a fine; and, if any hurt be done to Z

in consequence of the abetment, he will be liable to imprisonment for a term which may extend to

fourteen years, and to fine.

Abetment of offence punishable with imprisonment-if offence be not committed.

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;

If abettor or person abetted be a public servant whose duty it is to prevent offence.

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.

(b) 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.

robbery be not committed, A is liable to one-half of the longest term of imprisonment provided for that

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.

Abetting commission of offence by the public, or by more than ten persons.

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 defined in this section.

Concealing design to commit offence punishable with death or transportation for life.

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 imprisonment for a term of twenty years,

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,

If offence be committed; If offence be not committed.

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 Judge that a dacoity is about to be

committed at C, a place in an opposite direction, and thereby misleads the Judge 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.

Public servant concealing design to commit offence which it is his duty to prevent.

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,

If offence be committed;

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;

If offence be punishable with death, etc.

or, if the offence be punishable with death or imprisonment for a term of twenty years, with imprisonment of

either description for a term which may extend to ten years:

If offence be not committed.

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 designs to commit robbery, omits to give such information

with intent 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.

Concealing design to commit offence punishable with imprisonment.

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 be false respecting such design,

If offence be committed; If offence be not committed.

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.

Definition of criminal conspiracy.

CHAPTERV 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.

Punishment of criminal conspiracy.

120B. (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, or rigorous

imprisonment for a term of two years or upwards 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.

CHAPTER VI

OF OFFENCES AGAINST THE STATE

High Treason.

121. 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.

121A. * * * *

Punishment of high Treason.

122. (1) Whoever commits High Treason within the Union of Burma shall be punished with death or

imprisonment for a term of twenty years.

(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 imprisonment for a term of twenty years.

Encouraging, har-bouring or comforting persons guilty of High Treason.

123. (1) Whoever encourages, harbours or comforts any person whom he knows or has reasonable grounds for

believing to be engaged in committing High Treason shall be punished with imprisonment for a term of

twenty years 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) * * * *

Misprision of High Treason.

124. 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

thereof known to him, to a Judge, 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.

Sedition.

124A. Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, bring or

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

imprisonment for a term of twenty years, to which fine may be added, or with imprisonment which may

extend to seven 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 section.

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.

Advocating overthrow of the organs of the Union or of its constituent units by force.

124B. Whoever-

(a) knowingly or wilfully advocates,(**) advises, or teaches the duty, necessity, desirability, or propriety of

overthrowing or destroying the organs of the Union or of its constituent units by force or violence or by the

assassination of any officer of any such organ, or

(b) knowingly or wilfully 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

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 purposes 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.

Waging war against any Asiatic Power in alliance with the State.

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 imprisonment for a term of twenty years, 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.

Committing depredation on territories of Power at peace with the State.

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 to forfeiture of any property used

or intended to be used in committing such depredation, or acquired by such depredation.

Receiving property taken by war or depredation mentioned in section 125 and 126.

127. Whoever receives any property knowing the same to have been taken in the commission of any of the

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 .

Public servant voluntarily allowing prisoner of State or war to escape.

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

imprisonment for a term of twenty years, or imprisonment of either description for a term which may extend

to ten years, and shall be liable to fine.

Public servant negligently suffering such prisoner to escape.

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.

Aiding escape of, rescuing or harbouring such prisoner.

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 imprisonment for a term of twenty years, or with imprisonment of either description for a term

which may extend to ten years, and shall also be liable to fine.

Explanation. - A State prisoner or prisoner of war, who is permitted to be at large on his parole within certain

limits in the Union of Burma, is said to escape from lawful custody if he goes beyond the limits within

which he is allowed to be at large.

CHAPTER VIA

OFFENCES RELATING TO CERTAIN PROVISIONS CONTAINED IN THE CONSTITUTION OF THE

REPUBLIC OF THE UNION OF MYANMAR AND THE EXISTING LAWS

Offences relating to certain provisions contained in the Constitution and Acts of the Parliament.

130A. Except where penalty or other mode of punishment is expressly prescribed by law, whoever, without any

reasonable excuse, contravenes any provisions contained in sub-section (b) of section 36, section 348,349,

350,351,352,353,354,355,356,357,358,359,360,368,369,370,371,372,376,380 and 381ofthe

Constitution of the Republic of the Union of Myanmar or in any existing laws 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.

CHAPTERVIB

LIBEL AGAINST FOREIGN POWERS

Libel against Foreign Powers.

130B. 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.

First Exception. - It is not an offence under this section to publish any fair comment on a matter of public

interest without any intent to disturb peaceful or friendly relationship between the Union of Burma and

that State.

Second Exception. - It is not an offence under this section to publish anything which is true, if it be for the

public good that the publication should be made. Whether or not it is for the public good is a question of

fact.

CHAPTER VII

OF OFFENCES RELATING TO THE DEFENCE SERVICES

<Amendment 07.01.2016>

Abetting mutiny or attempting to seduce a soldier, sailor or airman from his duty.

131. Whoever abets the committing of mutiny by a member of the Defence Services [****], or attempts to seduce

any such member of the Defence Services from his allegiance or his duty, shall be punished with

imprisonment for a term of twenty years, or with imprisonment of either description for a term which may

extend to ten years, and shall also be liable to fine.

[* * * *]

Abetment of mutiny, if mutiny is committed in consequence thereof.

132. Whoever abets the committing of mutiny by a member of the Defence Services [****], shall, if mutiny be

committed in consequence of that abetment, be punished with death or with imprisonment for a term of

twenty years, or imprisonment of either description for a term which may extend to ten years, and shall also

be liable to fine.

Abetment of assault by soldier, sailor or airman on his surperior officer, when in execution of his office.

133. Whoever abets an assault by a member of the Defence Services [***], on any superior officer being in the

execution of his office shall be punished with imprisonment of either description for a term which may extend

to three years, and shall also be liable to fine.

Abetment of such, assault, if the assault is committed

134. Whoever abets an assault by a member of the Defence Services [***], 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.

Abetment of desertion of soldier, sailor or airman.

135. Whoever abets the desertion of a member of the Defence Services [***] shall be punished with

imprisonment of either description for a term which may extend to two years or with fine, or with both.

Harbouring deserter.

136. Whoever, except as hereinafter excepted, knowing or having reason to believe that a member of the

Defence Services [***], has deserted, harbours any such member of the Defence Services, 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 case in which the harbour is given by a wife to her

husband.

Deserter concealed on board merchant vessel through negligence of master.

137. The master or person in charge of a merchant vessel, on board of which any deserter from the Defence

Services (***), is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding

fifty thousand kyats if he might have known of such concealment but for some neglect of his duty as such

master or person in charge, or but for some want of discipline on board of the vessel.

Abetment of act of insubordination by soldier, sailor or airman.

138. Whoever abets what he knows to be an act of insubordination by a member of the Defence Services [***],

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.

Persons subject to certain Acts.

139. No person subject to the Defence Services Act, 1959, is subject to punishment under this Code for any of the

offences defined in this Chapter.

Wearing garb or carrying token used by soldier, sailor or airman.

140. Whoever, not being a member of the Defence Services [* * *] wears any garb or carries any token resembling

any garb or token used by such a soldier, sailor or airman, with the intention that it may be believed that he is

such a member of the Defence Services, shall be punished with imprisonment of either description for a term

which may extend to three months, or with fine which may extend to fifty thousand kyats, or with both.

CHAPTER VIII

OF OFFENCES AGAINST THE PUBLIC TRANQUILITY

Unlawful assembly.

141. An assembly of five or more persons is designated an "unlawful assembly," if the common object of the

persons composing that assembly is -

First. - To overawe by criminal force, or show of criminal force, the respective Hluttaw 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.

Explanation. - An assembly which was not unlawful when it assembled may subsequently become an

unlawful assembly.

Being member of 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.

Punishment.

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.

Joining unlawful assembly armed with deadly weapon.

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.

Joining or continuing in unlawful assembly, knowing it has been commanded to disperse.

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.

Rioting.

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.

Punishment for 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.

Rioting armed with deadly weapon.

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.

Every member of unlawful assembly guilty of offence committed in prosecution of common object.

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.

Hiring, or conniving at hiring, of persons to join unlawful assembly.

150. Whoever hires or engages, or employs or promotes, or connives at the hiring, engagement or employment of

any 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.

Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse.

151. Whoever knowingly joins or continues in any assembly of five or 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.

Assaulting or obstructing public servant when suppressing riot, etc.

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 endeavouring 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.

Wantonly giving provocation with intent to cause riot-if rioting be committed, if not committed.

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 of 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.

Promoting enmity between classes.

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].

Owner or occupier of land on which an unlawful assembly is held.

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 having or claiming an interest in such

land, shall be punishable with fine not exceeding one hundred thousand kyats, if he or his 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.

Liability of person for whose benefit riot is committed.

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 therefrom, 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 assembly 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.

Liability of agent of owner or occupier for whose benefit riot is committed.

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 therefrom,

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.

Harbouring persons hired for an unlawful assembly.

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.

Being hired to take part in an unlawful assembly or riot,

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,

or to go armed.

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.

Affray.

159. When two or more persons, by fighting in a public place, disturb the public peace, they are said to "commit

an affray".

Punishment for committing 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 ten thousand kyats, or with both.

CHAPTER IX

OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

Public servant taking gratification other than legal remuneration in respect of an official act.

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 forbearing

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 the respective Hluttaw 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 gratifications, 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 as a reward for doing what he has not done, comes within these words.

1llustrations

(a) A, a Judge, 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 that 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 functions to that Power. A has committed

the offence defined in this section.

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.

Taking gratification in order, by corrupt or illegal means, to influence public servant.

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 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.

Taking gratification for exercise of personal influence with public servant.

163. 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 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

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 any public

servant, as such, shall be punished with simple imprisonment for a term which may extend to one year, or

with fine, or 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 to 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.

Punishment for abetment by public servant of offences defined in section 162 or 163.

164. Whoever, being a public servant, in 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.

Public servant obtaining valuable thing, without consideration, from person concerned in proceeding or business transacted by

such public servant.

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 be likely to be, concerned in any proceeding or

business transacted 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.

1llustrations

(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 Z, who has a 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.

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.

Public servant disobeying law, with intent to cause injury to any person.

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.

Public servant framing an incorrect document with intent to cause injury.

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.

Public servant unlawfully engaging in trade.

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.

Public servant unlawfully buying or bidding for property.

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.

Personating a public servant.

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.

Wearing grab or carrying token used by public servant with fraudulent intent.

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 either description for a term which may extend to three months, or with fine which may

extend to twenty thousand kyats, or with both.

CHAPTERIXA

OF OFFENCES RELATING TO ELECTION

"Candidate" "Electoral right", defined.

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.

Bribery.

171B. (1) Whoever-

(i) 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

(ii) 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.

Undue influence at elections.

171C. (1) 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.

Personation at elections.

171D. 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.

Punishment for bribery.

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.

Punishment for undue influence or personation at an election.

171F. Whoever commits the offence of undue 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:

False statement in connection with an election.

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.

Illegal payments in connection with an election.

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 fifty thousand kyats:

Provided that is any person having incurred any such expenses not exceeding the amount of one thousand

kyats 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.

Failure to keep election accounts.

1711. 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 accounts shall be

punished with fine which may extend to fifty thousand kyats.

Illegal possession at election to either Chamber of Parliament of voting tokens, ballot papers or colourable imitation thereof.

171J. Whoever, without lawful excuse, the burden of proof thereof being on him, has or retains in his possession,

inside a polling station, where votes are being recorded at an election [* * * *] 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 rigorous imprisonment for a term which may extend to two years, and may

also be liable to fine.

CHAPTER X

OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

Absconding to avoid service of summons or other proceeding.

112. 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 fifty thousand kyats, 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 term which may extend to six months, or with fine which may

extend to one hundred thousand kyats, or with both.

Preventing service of summons or other proceeding, or preventing publication thereof.

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 it is 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 fifty thousand kyats 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 hundred thousand kyats, or with both.

Non-attendance in obedience to an order from public servant.

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 or 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 fifty thousand kyats, 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

hundred thousand kyats, or with both.

Omission to produce document to public servant by person legally bound to produce it.

175. Whoever, being legally bound to produce or deliver up any document to any public servant, as such,

intentionally omits so 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 fifty thousand kyats, or with both;

or, if the document is to be produced or delivered up to a Court of Justice, with simple imprisonment for a

term which may extend to six months, or with fine which may extend to one hundred thousand kyats, or

with both.

Omission to give notice or information to public servant by person legally bound to give it.

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 a term which may extend to one

month, or with fine which may extend to fifty thousand kyats, 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 hundred thousand kyats, or with both.

Furnishing false information.

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

hundred thousand kyats, 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, wilfully misinforms the

Judge 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.

Refusing oath or affirmation when duly required by public servant to make it.

178. Whoever refuses to bind himself by an oath or 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 which may extend to six months, or with fine which may extend to one

hundred thousand kyats, or with both.

Refusing to answer public servant authorized to question.

179. Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any

question demanded of him touching that subject by such public servant in the exercise of the 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 hundred thousand kyats, or with both.

Refusing to sign statement.

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 fifty thousand

kyats, or with both.

False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation.

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.

False information with intent to cause public servant to use his lawful power to the injury of another person.

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 hundred thousand kyats, or with both.

1llustrations

(a) A informs a Judge that Z, a police-officer, subordinate to such Judge, 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 Judge 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.

village. He does not mention the name of any person as one of his assailants, but knows it to be likely that

in consequence of this information the police will make enquiries and institute searches in the village to

the annoyance of the villagers or some of them. A has committed an offence under this section.

Resistance to the taking of property by the lawful authority of a public servant.

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 hundred

thousand kyats, or with both.

Obstructing sale of property offered for sale by authority of public servant.

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 fifty thousand kyats, or with both.

Illegal purchase or bid for property offered for sale by authority of public servant.

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 under 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 twenty thousand

kyats, or with both.

Obstructing public servant in discharge of public functions.

186. Whoever voluntarily obstructs any public servant in the discharge of his public functions shall be punished

with imprisonment of either description for a term which may extend to three months, or with fine which may

extend to fifty thousand kyats, or with both.

Omission to assist public servant when bound by law to give assistance.

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 twenty thousand kyats, 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 fifty thousand kyats, or with

both.

Disobedience to order duly promulgated by public servant.

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 certain 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 twenty thousand kyats, 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 hundred thousand kyats, 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 of riot. A has committed the offence defined in this section.

Threat of injury to public servant.

189. Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that

public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or

delay to do any act, connected with the exercise of the public functions of such public servant, shall be

punished with imprisonment of either description for a term which may extend to two years, or with fine, or

with both.

Threat of injury to induce person to refrain from applying for protection to public servant.

190. Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or

desist from making a legal application for protection against any injury to any public servant legally

empowered as such to give such protection, or to cause such protection to be given shall be punished with

imprisonment of either description for a term which may extend to one year, or with fine, or with both.

CHAPTER XI

OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

Giving false evidence.

191. Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being

bound by law to make a declaration upon any subject, makes any statement which is false, and which he

either knows or believes to be false or does not believe to be true, is said to give tales evidence.

Explanation. 1. - A statement is within the meaning of this section whether it is made verbally or otherwise.

Explanation. 2. - A false statement as to the belief of the person attesting is within the meaning of this

section, and a person may be guilty of giving false evidence by stating that he believes a thing which he

does not believe, as well as by stating that he knows a thing which he does not know.

1llustrations

(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that

he heard Z admit the justice of B's claim. A has given false evidence.

(b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the

handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he

knows to be false, and therefore gives false evidence. (c) A, knowing the general character of Z's

handwriting, states that he believes a certain signature to be the handwriting of Z, A in good faith believing

it to be so. Here A's statement is merely as to his belief, and is true as to his belief, and therefore, although

the signature may not be the handwriting of Z, A has not given false evidence.

(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on

particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place

on the day named or not.

(e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or

document, which he is bound by oath to interpret or translate truly, that which is not and which he does

not believe to be a true interpretation or translation . A has given false evidence.

Fabricating false evidence.

192. Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any

document containing a false statement, intending that such circumstance, false entry of false statement may

appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such,

or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence,

may cause any person who in such proceeding is to form an opinion upon the evidence to entertain an

erroneous opinion touching any point material to the result of such proceeding, is said " to fabricated false

evidence."

Illustrations

(a) A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that

this circumstance may cause Z to be convicted of theft. A has fabricated false evidence.

(b) A makes a false entry in his shop book for the purpose of using it as corroborative evidence in a Court of

Justice. A has fabricated false evidence.

handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter

in a place which he knows that the officers of the police are likely to search. A has fabricated false

evidence.

Punishment for false evidence.

193. Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence

for the purpose of being used in any stage of a judicial proceeding, 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 whoever intentionally gives or fabricates false evidence in any other case shall be punished with

imprisonment of either description for a term which may extend to three years, and shall also be liable to

fine.

Explanation 1. - A trial before a Court-martial is a judicial proceeding.

Explanation 2. - An investigation directed by law, preliminary to a proceeding before a Court of Justice, is a

stage of judicial proceeding, though that investigation may not take place before a Court of Justice.

Illustration

A, in an enquiry before a Judge for the purpose of ascertaining whether Z ought to be committed for trial,

makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding,

A has given false evidence.

Explanation 3. - An investigation directed by a Court of Justice according to law, and conducted under the

authority of a Court of Justice. is a stage of a judicial proceeding, though that investigation may not take

place before a Court of Justice.

Illustration

A, in an enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of

land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial

proceeding, A has given false evidence.

Giving or fabricating false evidence with intent to procure conviction offence;

194. Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will

thereby cause, any person to be convicted of an offence which is capital by the law of the Union of Burma [**]

shall be punished with imprisonment for a term of twenty years, or with rigorous imprisonment for a term

which may extend to ten years, and shall also be liable to fine;

if innocent person be thereby convicted and executed.

and if an innocent person be convicted and executed in consequence of such false evidence, the person who

gives such false evidence shall be punished either with death or the punishment herein before described.

Giving or fabricating false evidence with intent to procure conviction of offence punishable with transportation or

imprisonment.

195. Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will

thereby cause, any person to be convicted of an offence which by the law of the Union of Burma [* *] is not

capital, but punishable with imprisonment for a term of twenty years, or imprisonment for a term of seven

years or upwards, shall be punished as a person convicted of that offence would be liable to be punished.

Illustration

A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of a dacoity. The

punishment for dacoity is imprisonment for a term of twenty years, or rigorous imprisonment for a term

which may extend to ten years, with or without fine. A, therefore, is liable to such transportation or

imprisonment, with or without fine.

Using evidence known to be false.

196. Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be

false or fabricated shall be punished in the same manner as if he gave or fabricated false evidence.

Issuing or signing false certificate.

197. Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which

such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any

material point, shall be punished in the same manner as if he gave false evidence.

Using as true a certificate known to be false.

198. Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be

false in any material point, shall be punished in the same manner as if he gave false evidence.

False statement made in declaration which is by law receivable as evidence.

199. Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any

public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any

statement which is false, and which he either knows or believes to be false or does not believe to be true,

touching any point material to the object for which the declaration is made or used, shall be punished in the

same manner as if he gave false evidence.

Using as true such declaration knowing it to be false.

200. Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in

any material point, shall be punished in the same manner as if he gave false evidence.

Explanation. - A declaration which is inadmissible merely upon the ground of some informality is a

declaration within the meaning of sections 199 and 200.

Causing disappearance of evidence of offence, or giving false information to screen offender-

201. Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of

the commission of that offence to disappear, causes any evidence of the commission of that offence to

disappear, with the intention of screening the offender from legal punishment, or with that intention gives any

information respecting the offence which he knows or believes to be false,

if a capital offence;

shall, if the offence which he knows or believes to have been committed is punishable with death, be

punished with imprisonment of either description for a term which may extend to seven years, and shall

also be liable to fine;

if punishable with transportation;

and if the offence is punishable with imprisonment for a term of twenty years, or with imprisonment which

may extend to ten years, shall be punished with imprisonment of either description for a term which may

extend to three years, and shall also be liable to fine;

if punishable with less than ten years, imprisonment.

and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished

with imprisonment of the description provided for the offence for a term which may extend to one-fourth

part of the longest term of the imprisonment provided for the offence, or with fine, or with both.

Illustration

A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from

punishment. A is liable to imprisonment of either description for seven years, and also to fine.

Intentional omission to give information of offence by person bound to inform.

202. Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to

give any information respecting that offence which he is legally bound to give, shall be punished with

imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Giving false information respecting an offence committed.

203. Whoever, knowing or having reason to believe that an offence has been committed, gives any information

respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either

description for a term which may extend to two years, or with fine, or with both.

Explanation. - In sections 201 and 202 and in this section the word "offence" includes any act committed at

any place out of the Union of Burma, which, if committed in the Union of Burma, would be punishable

under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435,

436, 449, 450, 457, 458, 459 and 460.

Destruction of document to prevent its production as evidence.

204. Whoever secretes or destroys any document which he may be lawfully compelled to produce as evidence in

a Court of Justice, or in any proceeding lawfully held before a public servant as such, or obliterates or renders

illegible the whole or any part of such document with the intention of preventing the same from being

produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been

lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment of

either description for a term which may extend to two years, or with fine, or with both.

False personation for purpose of act or proceeding in suit or prosecution.

205. Whoever falsely personates another, and in such assumed character makes any admission or statement, or

confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in

any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which

may extend to three years, or with fine, or with both.

Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution.

206. Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest

therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in

satisfaction of a fine under a sentence which has been pronounced, or which he knows to be likely to be

pronounced, by a Court of Justice or other competent authority, or from being taken in execution of a decree

or order which has been made, or which he knows to be likely to be made, by a Court of Justice in a civil suit,

shall be punished with imprisonment of either description for a term which may extend to two years, or with

fine, or with both.

Fraudulent claim to property to prevent its seizure as forfeited or in execution.

207. Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has

no right or rightful claim to such property or interest, or practises any deception touching any right to any

property or any interest therein, intending thereby to prevent that property or interest therein from being

taken as a forfeiture or in satisfaction of a fine under a sentence which has been pronounced, or which he

knows to be likely to be pronounced, by a Court of Justice or other competent authority, or from being taken

in execution of a decree or order which has been made, or which he knows to be likely to be made, by a Court

of Justice in a civil suit, shall be punished with imprisonment of either description from a term which may

extend to two years, or with fine, or with both.

Fraudulently suffering decree for sum not due.

208. Whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of any person

for a sum not due, or for a larger sum than is due to such person, or for any property or interest in property to

which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed against

him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with

imprisonment of either description for a term which may extend to two years, or with fine, or with both.

1llustration.

A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him fraudulently suffers a

judgment to pass against him for larger amount at the suit of B, who has no just claim against him in order

that B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of l's

property which may be made under A's decree. Z has committed an offence under this section.

Dishonestly making false claim in Court.

209. Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of

Justice any claim which he knows to be false shall be punished with imprisonment of either description from

a term which may extend to two years, and shall also be liable to fine.

Fraudulently obtaining decree for sum not due.

210. Whoever fraudulently obtains a decree or order against any person or a sum not due, or for a larger sum

than is due, or for any property or interest in property to which he is not entitled, or fraudulently causes a

decree or order to be executed against any person after it has been satisfied or for anything in respect of

which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be

punished with imprisonment of either description for a term which may extend to two years, or with fine, or

with both.

False charge of offence made with intent to injure.

211. Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal

proceeding against that person, or falsely charges any person with having committed an offence, knowing that

there is not just or lawful ground for such proceeding or charge against that person, shall be punished with

imprisonment of either description for a term which may extend to two years, or with fine, or with both;

and if such criminal proceeding be instituted on a false charge of an offence punishable with death,

imprisonment for a term of twenty years, or imprisonment for seven years or upwards, shall be punishable

with imprisonment of either description for a term which may extend to seven years, and shall also be

liable to fine.

Harbouring offender-

212. Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has

reason to believe to be the offender, with the intention of screening him from legal punishment,

if a capital offence;

shall, if the offence is punishable with death, be punished with imprisonment of either description for a term

which may extend to five years, and shall also be liable to fine;

if punishable with transportation for life, or with imprisonment.

and if the offence is punishable with imprisonment for a term of twenty years, or with imprisonment which

may extend to ten years, shall be punished with imprisonment of either description for a term which may

extend to three years, and shall also be liable to fine;

and if the offence is punishable with imprisonment which may extend to one year, and not to ten years, shall

be punished with imprisonment of the description provided for the offence for a term which may extend to

one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.

" Offence" in this section includes any act committed at any place out of the Union of Burma, which, if

committed in the Union of Burma, would be punishable under any of the following sections, namely, 302,

304,382,392,393,394,395,396,397,398,399,402,435,436,449,450,457,458,459 and 460; and every

such act shall, for the purposes of this section, be deemed to be punishable as if the accused person had

been guilty of it in the Union of Burma.

Exception. - This provision shall not extend to any case in which the harbour or concealment is by the

husband or wife of the offender.

Illustration

A, knowing that B has committed decoity, knowingly conceals Bin order to screen him from legal punishment.

Here, as B is liable to imprisonment for a term of twenty years, A is liable to imprisonment of either

description for a term not exceeding three years, and is also liable to fine.

Taking gift, ect., to screen an offender from punishment-

213. Whoever accepts or attempts to obtain, or agrees to accept, any gratification for himself or any other

person, or any restitution of property to himself or any other person, in consideration of his concealing an

offence or of his screening any person from legal punishment for any offence, or of his not proceeding against

any person for the purpose of bringing him to legal punishment.

if a capital offence;

shall, if the offence is punishable with death, be punished with imprisonment of either description for a term

which may extend to seven years, and shall also be liable to fine;

if punishable with transportation for life, or with imprisonment.

and if the offence is punishable with imprisonment for a term of twenty years, or with imprisonment which

may extend to ten years, shall be punished with imprisonment of either description for a term which may

extend to three years, and shall also be liable to fine;

and if the offence is punishable with imprisonment not extending to ten years, shall be punished with

imprisonment of the description provided for the offence for a term which may extend to one-fourth part

of the longest term of imprisonment provided for the offence, or with fine, or with both.

Offering gift or restoration of property in consideration of screening offender-

214. Whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or to restore or

cause the restoration of any property to any person, in consideration of that person's concealing an offence,

or of his screening any person from legal punishment for any offence, or of his not proceeding against any

person for the purpose of bringing him to legal punishment,

if a capital offence;

shall, if the offence is punishable with death, be punished with imprisonment of either description for a term

which may extend to seven years, and shall also be liable to fine;

if punishable with transportation for life, or with imprisonment.

and if the offence is punishable with imprisonment for a term of twenty years, or with imprisonment which

may extend to ten years, shall be punished with imprisonment of either description for a term which may

extend to three years, and shall also be liable to fine;

and if the offence is punishable with imprisonment not extending to ten years, shall be punished with

imprisonment of the description provided for the offence for a term which may extend to one-fourth part

of the longest term of imprisonment provided for the offence, or with fine, or with both.

Exception. - The provisions of sections 213 and 214 do not extend to any case in which the offence may

lawfully be compounded.

Taking gift to help to recover stolen property, ect.

215. Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any

person to recover any moveable property of which he shall have been deprived by any offence punishable

under this Code shall, unless he uses all means in his power to cause the offender to be apprehended and

convicted of the offence, be punished with imprisonment of either description for a term which may extend to

two years, or with fine, or with both.

Harbouring offender who has escaped from custody or whose apprehension has been order-

216. Whenever any person convicted of or charged with an offence, being in lawful custody for that offence,

escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public

servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order

for apprehension, harbours or conceals that person with the intention of preventing him from being

apprehended, shall be punished in the manner following, that is to say.

if a capital offence;

if the offence for which the person was in custody or is ordered to be apprehended is punishable with death,

he shall be punished with imprisonment of either description for a term which may extend to seven years,

and shall also be liable to fine;

if punishable with transportation for life, or with imprisonment.

if the offence is punishable with imprisonment for a term of twenty years, or imprisonment for ten years, he

shall be punished with imprisonment of either description for a term which may extend to three years,

with or without fine;

and if the offence is punishable with imprisonment which may extend to one year, and not to ten years, he

shall be punished with imprisonment of the description provided for the offence for a term which may

extend to one-fourth part of the longest term of the imprisonment provided for such offence, or with fine,

or with both.

"Offence" in this section includes also any act or omission of which a person is alleged to have been guilty out

of the Union of Burma which, if he had been guilty of it in the Union of Burma, would have been

punishable as an offence, and for which he is, under any law relating to extradition or the Mutual

Assistance in Criminal Matters Law. [* * *] or otherwise, liable to be apprehended or detained in custody in

the Union of Burma, and every such act or omission shall, for the purposes of this section, be deemed to

be punishable as it the accused person had been guilty of it in the Union of Burma.

Exception. - This provision does not extend to the case in which the harbour or concealment is by the

husband or wife of the person to be apprehended.

Penalty for harbouring robbers or dacoits.

216A. Whoever, knowing or having reason to believe that any persons are about to commit or have recently

committed robbery or dacoity, harbours them or any of them, with the intention of facilitating the commission

of such robbery or dacoity, or of screening them or any of them from punishment, shall be punished with

rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Explanation. - For the purposes of this section it is immaterial whether the robbery or dacoity is intended to

be committed, or has been committed, within or without the Union of Burma.

Exception. - This provision does not extend to the case in which the harbour is by the husband or wife of the

offender.

216B. * * * * *

Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.

217. Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to

conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will

thereby save, any person from legal punishment, or subject him to a less punishment than that to which he is

liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any

charge to which it is liable by law, shall be punished with imprisonment of either description for a term which

may extend to two years, or with fine, or with both.

Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.

218. Whoever, being a public servant, and being as such public servant charged with the preparation of any

record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent

to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or

with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal

punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture

or other charge to which it is liable by law, shall be punished with imprisonment of either description for a

term which may extend to three years, or with fine, or with both.

Public servant in judicial proceeding corruptly making report, etc., contrary to law.

219. Whoever, being a public servant, corruptly or maliciously makes or pronounces, in any stage of a judicial

proceeding, any report, order, verdict or decision which he knows to be contrary to law shall be punished with

imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Commitment for trail or confinement by person having authority who knows that he is acting contrary to law.

220. Whoever, being in any office which gives him legal authority to commit persons for trial or to confinement ,

or to keep persons in confinement, corruptly or maliciously commits any person for trial or confinement, or

keeps any person in confinement, in the exercise of that authority, knowing that in so doing he is acting

contrary to law, shall be punished with imprisonment of either description for a terms which may extend to

seven years, or with fine, or with both.

Intentional omission to apprehend on the part of public. servant bound to apprehend.

221. Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in

confinement any person charged with or liable to be apprehended for an offence, intentionally omits to

apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in

escaping or attempting to escape from such confinement, shall be punished as follows, that is to say:-

with imprisonment of either description for a term which may extend to seven years, with or without fine, if

the person in confinement, or who ought to have been apprehended, was charged with, or liable to be

apprehended for, an offence punishable with death; or

with imprisonment of either description for a term which may extend to three years, with or without fine, if

the person in confinement, or who ought to have been apprehended, was charged with, or liable to be

apprehended for, an offence punishable with imprisonment for a term of twenty years or imprisonment for

a term which may extend to ten years; or

with imprisonment of either description for a term which may extend to two years, with or without fine, if the

person in confinement, or who ought to have been apprehended, was charged with , or liable to be

apprehended for, an offence punishable with imprisonment for a term less than ten years.

Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully

committed.

222. Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in

confinement any person under sentence of a Court of Justice for any offence or lawfully committed to

custody, intentionally omitts to apprehend such person, or intentionally suffers such person to escape, or

intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished

as follows, that is to say:-

with imprisonment for a term of twenty years or with imprisonment of either description for a term which may

extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been

apprehended, is under sentence of death; or

with imprisonment of either description for a term which may extend to seven years, with or without fine, if

the person in confinement, or who ought to have been apprehended, is subject, by a sentence of a Court

of Justice, or by virtue of a commutation of such sentence, to imprisonment for a term of twenty years or

imprisonment for a term of ten years which may extend to twenty years; or

with imprisonment of either description for a term which may extend to three years, or with fine, or with both,

if the person in confinement, or who ought to have been apprehended, is subject, by a sentence of a Court

of Justice, to imprisonment for a term not extending to ten years or if the person was lawfully committed

to custody.

Escape from confinement or custody negligently suffered by public servant.

223. Whoever, being a public servant legally bound as such public servant to keep in confinement any person

charged with or convicted of any offence or lawfully committed to custody, negligently suffers such person to

escape from confinement, shall be punished with simple imprisonment for a term which may extend to two

years, or with fine, or with both.

Resistance or obstruction by a person to his lawful apprehension.

224. Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for

any offence with which he is charged or of which he has been convicted, or escapes for attempts to escape

from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment

of either description for a term which may extend to two years, or with fine, or with both.

Explanation. - The punishment in this section is in addition to the punishment for which the person to be

apprehended or detained in custody was liable for the offence with which he was charged, or of which he

was convicted.

Resistance or obstruction to lawful apprehension of another person.

225. Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other

person for an offence, or rescues or attempts to rescue any other person from any custody in which that

person is lawfully detained for an offence, shall be punished with imprisonment of either description for a

term which may extend to two years, or with fine, or with both;

or, if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with or

liable to be apprehended for an offence punishable with imprisonment for a term of twenty years or

imprisonment for a term which may extend to ten years, shall be punished with imprisonment or either

description for a term which may extend to three years, and shall also be liable to fine;

or, if the person to be apprehended or rescued, or attempted to be rescued, is charged with or liable to be

apprehended for an offence punishable with death, shall be punished with imprisonment of either

description for a term with may extend to seven years, and shall also be liable to fine;

or, if the person to be apprehended or rescued, or attempted to be rescued, is liable under the sentence of a

Court of Justice, or by virtue of a commutation of such a sentence, to imprisonment for a term of twenty

years or imprisonment for a term of ten years which may extend to twenty years, shall be punished with

imprisonment of either description for a term which may extend to seven years, and shall also be liable to

fine;

or, if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall

be punished with imprisonment for a term of twenty years or imprisonment of either description for a term

not exceeding ten years, and shall also be liable to fine.

Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for

225A. Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in

confinement, any person in any case not provided for in section 221, section 222 or section 223, or in any

other law for the time being in force, omits to apprehend that person or suffers him to escape from

confinement, shall be punished-

(a) if he does so intentionally, with imprisonment of either description for a term which may extend to three

years, or with fine, or with both; and

(b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with

fine, or with both.

Resistance or obstruction to lawful apprehension, or escape or rescue, in cases not otherwise provided for

225B. Whoever, in any case not provided for in section 224 or section 225 or in any other law for the time being in

force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any

other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues

or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be

punished with imprisonment of either description for a term which may extend to six months, or with fine, or

with both.

226. Repeal

Violation of condition of remission of punishment.

227. Whoever, having accepted any conditional remission of punishment, knowingly violates any condition on

which such remission was granted shall be punished with the punishment to which he was originally

sentenced, if he has already suffered no part of that punishment, and if he has suffered any part of that

punishment, then with so much of that punishment as he has not already suffered.

Whoever is convicted of absconding in violation of a condition of a remission of punishment under this section

shall, in addition to the punishment prescribed by this section, be punished by the convicting Judge with

rigorous imprisonment for a term which may extend to one year.

Intentional insult or interruption to public servant sitting in judicial proceeding.

228. Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public

servant is sitting in any state of a judicial proceeding, shall be punished with simple imprisonment for a term

which may extend to six months, or with fine which may extend to one hundred thousand kyats, or with both.

Personation of a juror or assessor.

229. Whoever, by personation or otherwise, shall intentionally cause, or knowingly suffer himself to be returned,

empanelled or sworn as a juryman or assessor in any case in which he knows that he is not entitled by law to

be so returned, empanelled or sworn, or, knowing himself to have been so returned, empanelled or sworn

contrary to law, shall voluntarily serve on such jury or as such assessor, shall be punished with imprisonment

of either description for a term which may extend to two years, or with fine, or with both.

CHAPTER XII

OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS

"Coin" defined.

230. Coin is metal used for the time being as money, and stamped and issued by the authority of some State or

Sovereign Power in order to be so used.

Coin of the Union.

["Coin of the Union" is metal stamped or issued by the authority of the Government in order to be used as

money; and metal which has been so stamped or issued shall continue to be the coin of the Union for the

purposes of this Chapter, notwithstanding that it may have ceased to be used as money.]

1llustrations

(a) Cowries are not coin.

(b) Lumps of unstamped copper, though used as money, are not coin.

Counterfeiting coin.

231. Whoever counterfeits, or knowingly performs any part of the process of counterfeiting coin, shall be

punished with imprisonment of either description for a term which may extend to seven years, and shall also

be liable to fine.

Explanation. - A person commits this offence who, intending to practise deception, or knowing it to be likely

that deception will thereby be practised, causes a genuine coin to appear like a different coin .

Counterfeiting coin of the Union.

232. Whoever counterfeits, or knowingly performs any part of the process of counterfeiting the coin of the Union,

shall be punished with imprisonment for a term of twenty years, or with imprisonment of either description

for a term which may extend to ten years, and shall also be liable to fine.

Making or selling instrument for counterfeiting coin.

233. Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or

disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that

it is intended to be used, for the purpose of counterfeiting coin, shall be punished with imprisonment of either

description for a term which may extend to three years, and shall also be liable to fine.

Making or selling instrument for counterfeiting coin of the Union.

234. Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or

disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that

it is intended to be used, for the purpose of counterfeiting the coin of the Union, shall be punished with

imprisonment of either description for a term which may extend to seven years, and shall also be liable to

fine.

Possession of instrument or material for the purpose of using the same for counterfeiting coin;

235. Whoever is in possession of any instrument or material, for the purpose of using the same for counterfeiting

coin, or knowing or having reason to believe that the same is intended to be used for that purpose, shall be

punished with imprisonment of either description for a term which may extend to three years, and shall also

be liable to fine;

if the coin of the Union.

and if the coin to be counterfeited is the coin of the Union, shall be punished with imprisonment of either

description for a term which may extend to ten years, and shall also be liable to fine.

Abetting in the Union of Burma the counterfeiting out of the Union of Burma of coin.

236. Whoever, being within the Union of Burma, abets the counterfeiting of coin out of the Union of Burma shall

be punished in the same manner as if he abetted the counterfeiting of such coin within the Union of Burma.

Import or export of counterfeit coin.

237. Whoever imports into the Union of Burma, or exports therefrom, any counterfeit coin, knowing or having

reason to believe that the same is counterfeit, shall be punished with imprisonment of either description for a

term which may extend to three years, and shall also be liable to fine.

Import or export of counterfeits of the coin of the Union.

238. Whoever imports into the Union of Burma, or exports therefrom, any counterfeit coin which he knows or has

reason to believe to be a counterfeit of the coin of the Union, shall be punished with imprisonment for a term

of twenty years, or with imprisonment of either description for a term which may extend to ten years, and

shall also be liable to fine.

Delivery of coin, possessed with knowledge that it is counterfeit.

239. Whoever, having any counterfeit coin which at the time when he became possessed of it he knew to be

counterfeit, fraudulently or with intent that fraud may be committed, delivers the same to any person, or

attempts to induce any person to receive it, shall be punished with imprisonment of either description for a

term which may extend to five years, and shall also be liable to fine.

Delivery of coin of the Union possessed with knowledge that it is counterfeit.

240. Whoever, having any counterfeit coin which is a counterfeit of the coin of the Union, and which at the time

when he became possessed of it he knew to be a counterfeit of the coin of the Union, fraudulently or with

intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to

receive it, shall be punished with imprisonment of either description for a term which may extend to ten

years, and shall also be liable to fine.

Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit.

241. Whoever delivers to any other person as genuine, or attempts to induce any other person to receive as

genuine, any counterfeit coin which he knows to be counterfeit, but which he did not know to be counterfeit

at the time when he took it into his possession, shall be punished with imprisonment of either description for

a term which may extend to two years, or with fine to an amount which may extend to ten times the value of

the coin counterfeited or with both.

Illustration

A, a coiner, delivers counterfeit rupees to his accomplice B, for the purpose of uttering them. B sells the

rupees to C, another utterer, who buys them knowing them to be counterfeit. C pays away the rupees for

goods to D, who receives them, not knowing them to be counterfeit. D after receiving the rupees discovers

that the are counterfeit and pays them always as if they were good. Here D is punishable only under this

!section, but B and C are punishable under section 239 or 240, as the case may be.

Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof.

242. Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin,

having known at the time when he became possessed thereof that such coin was counterfeit, shall be

punished with imprisonment of either description for a term which may extend to three years, and shall also

be liable to fine.

Possession of coin of the Union by person who knew it to be counterfeit when he became possessed thereof.

243. Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin which

is a counterfeit of the coin of the Union, having known at the time when he became possessed of it that it was

counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven

years, and shall also be liable to fine.

Person employed in mint causing coin to be of different weight or composition from that fixed by law.

244. Whoever, being employed in any mint lawfully established in the Union of Burma, does any act, or omits

what he is legally bound to do, with the intention of causing any coin issued from that mint to be of a

different weight or composition from the weight or composition fixed by law, shall be punished with

imprisonment or either description for a term which may extend to seven years, and shall also be liable to

fine.

Unlawfully taking coining instrument from mint.

245. Whoever, without lawful authority, takes out of any mint lawfully established in the Union of Burma any

coining tool or instrument, shall be punished with imprisonment of either description for a term which may

extend to seven years, and shall also be liable to fine.

Fraudulently or dishonestly diminishing weight or alterning composition of coin.

246. Whoever fraudulently or dishonestly performs on any coin any operation which diminishes the weight or

alters the composition of that coin shall be punished with imprisonment of either description for a term which

may extend to three years, and shall be liable to fine.

Explanation.- A person who scoops out part of the coin and puts anything else into the cavity alters the

composition of that coin.

Fraudulently or dishonestly diminishing weight or altering composition of coin of the Union.

247. Whoever fraudulently or dishonestly performs on any of the coin of the Union any operation which

diminishes the weight or alters the composition of that coin shall be punished with imprisonment of either

description for a term which may extend to seven years, and shall also be liable to fine.

Altering appearance of coin with intent that shall pass as coin of different description.

248. Whoever performs on any coin any operation which alters the appearance of that coin, with the intention

that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of either

description for a term which may extend to three years, and shall also be liable to fine.

Altering appearance of coin of the Union with intent that it shall pass as coin of different description.

249. Whoever performs on any of the coin of the Union any operation which alters the appearance of that coin,

with the intention that the said coin shall pass as a coin of a different description, shall be punished with

imprisonment of either description for a term which may extend to seven years, and shall also be liable to

fine.

Delivery of coin possessed with knowledge that it is altered.

250. Whoever, having coin in his possession with respect to which the offence defined in section 246 or 248 has

been committed, and having known at the time when he became possessed of such coin that such offence

had been committed with respect to it, fraudulently or with intent that fraud may be committed delivers such

coin to any other person, or attempts to induce any other person to receive the same, shall be punished with

imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

Delivery of coin of the Union possessed with knowledge that it is altered.

251. Whoever, having coin in his possession with respect to which the offence defined section 247 or 249 has

been committed, and having known at the time when he became possessed of such coin that such offence

had been committed with respect to it, fraudulently or with intent that fraud may be committed delivers such

coin to any other person, or attempts to induce any other person to receive the same, shall be punished with

imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Possession of coin by person who knew it to be altered when he became possessed thereof.

252. Whoever, fraudulently or with intent that fraud may be committed, is in possession of coin with respect to

which the offence defined in either of the sections 246 or 248 has been committed, having known at the time

of becoming possessed thereof that such offence had been committed with respect to such coin, shall be

punished with imprisonment of either description for a term which may extend to three years, and shall also

be liable to fine.

Possession of coin of the Union by person who knew it to be altered when he became possessed thereof.

253. Whoever, fraudulently or with intent that fraud may be committed, is in possession of coin with respect to

which the offence defined in either of the sections 247 or 249 has been committed, having known at the time

of becoming possessed thereof that such offence had been committed with respect to such coin, shall be

punished with imprisonment of either description for a term which may extend to five years, and shall also be

liable to fine.

Delivery of coin as genuine which, when first possessed, the deliver did not know to be altered.

254. Whoever delivers to any other person as genuine or as a coin of a different description from what it is, or

attempts to induce any person to receive as genuine or as a different coin from what it is, any coin in respect

of which he knows that any such operation as that mentioned in sections 246, 247, 248 or 249 has been

performed, but in respect of which he did not, at the time when he took it into his possession, know that such

operation had been performed, shall be punished with imprisonment of either description for a term which

may extend to two years, or with fine to an amount which may extend to ten times the value of the coin

which the altered coin is passed or attempted to be passed.

Counterfeiting Government stamp.

255. Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any stamp issued by

Government for the purpose of revenue shall be punished with imprisonment for a term of twenty years or

with imprisonment of either description for a term which may extend to ten years, and shall also be liable to

fine.

Explanation. - A person commits this offence who counterfeits by causing a genuine stamp of one

denomination to appear like a genuine stamp of a different denomination.

Having possession of instrument or material for counterfeiting Government stamp.

256. Whoever has in his possession any instrument or material for the purpose of being used, or knowing or

having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by

Government for the purpose of revenue, shall be punished with imprisonment of either description for a term

which may extend to seven years, and shall also be liable to fine.

Making or selling instrument for counterfeiting Government stamp.

257. Whoever makes or performs any part of the process of making, or buys, or sells, or disposes of, any

instrument for the purpose of being used, or knowing or having reason to believe that it is intended to be

used, for the purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be

punished with imprisonment of either description for a term which may extend to seven years, and shall also

be liable to fine.

Sale of counterfeit Government stamp.

258. Whoever sells, or offers for sale, any stamp which he knows or has reason to believe to be a counterfeit of

any stamp issued by Government for the purpose of revenue shall be punished with imprisonment of either

description for a term which may extend to seven years, and shall also be liable to fine.

Having possession of counterfeit Government stamp.

259. Whoever has in his possession any stamp which he knows to be a counterfeit of any stamp issued by

Government for the purpose of revenue, intending to use or dispose of the same as a genuine stamp, or in

order that it may be used as a genuine stamp, shall be punished with imprisonment of either description for a

term which may extend to seven years, and shall also be liable to fine.

Using as genuine a Government stamp known to be counterfeit.

260. Whoever uses as genuine any stamp, knowing it to be a counterfeit of any stamp issued by Government for

the purpose of revenue, shall be punished with imprisonment of either description for a term which may

extend to seven years, or with fine, or with both.

Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to

cause loss to Government.

261. Whoever, fraudulently or with intent to cause loss to the Government removes or effaces from any

substance, bearing any stamp issued by Government for the purpose of revenue, any writing or document for

which such stamp has been used, or removes from any writing or document a stamp which has been used for

such writing or document, in order that such stamp may be used for a different writing or document, shall be

punished with imprisonment of either description for a term which may extend to three years, or with fine, or

with both.

Using Government stamp known to have been before used.

262. Whoever, fraudulently or with intent to cause loss to the Government, uses for any purpose a stamp issued

by Government for the purpose of revenue, which he knows to have been before used, shall be punished with

imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Erasure of mark denoting that stamp has been used.

263. Whoever, fraudulently or with intent to cause loss to Government, erases or removes from a stamp issued

by Government for the purpose of revenue any mark put or impressed upon such stamp for the purpose of

denoting that the same has been used, or knowingly has in his possession or sells or disposes of any such

stamp from which such mark has been erased or removed, or sells or disposes of any such stamp which he

knows to have been used, shall be punished with imprisonment of either description for a term which may

extend to three years, or with fine, or with both.

Prohibition of fictitious stamps.

263A. (1) Whoever -

(a) makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly uses for any postal purpose

any fictitious stamp, or

(b) has in his possession, without lawful excuse, any fictitious stamp, or

any fictitious stamp,

shall be punished with fine which may extend to twenty thousand kyats.

(2) Any such stamp, die, plate, instrument or materials in the possession of any person for making any

fictitious stamp may be seized and shall be forfeited.

(3) In this section "fictitious stamp" means any stamp falsely purporting to be issued by Government for the

purpose of denoting a rate of postage or any facsimile or imitation or representation, whether on paper or

otherwise, of any stamp issued by Government for that purpose.

(4) Repeal

CHAPTER XIII

OF OFFENCES RELATING TO WEIGHTS AND MEASURES

Fraudulent use of false instrument for weighing.

264. Whoever fraudulently uses any instrument for weighing which he knows to be false shall be punished with

imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Fraudulent use of false weight or measure.

265. Whoever fraudulently uses any false weight or false measure of length or capacity, or fraudulently uses any

weight or any measure of length or capacity as a different weight or measure from what it is, shall be

punished with imprisonment of either description for a term which may extend to one year, or with fine, or

with both.

Being in possession of false weight or measure.

266. Whoever is in possession of any instrument for weighing, or of any weight, or of any measure of length or

capacity, which he knows to be false, and intending that the same may be fraudulently used, shall be

punished with imprisonment of either description for a term which may extend to one year, or with fine, or

with both.

Making or selling false weight or measure.

267. Whoever makes, sells or disposes of any instrument for weighing, or any weight, or any measure of length or

capacity which he knows to be false, in order that the same may be used as true, or knowing that the same is

likely to be used as true, shall be punished with imprisonment of either description for a term which may

extend to one year, or with fine, or with both.

CHAPTER XIV

OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS

Public nuisance.

268. A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any

common injury, danger or anoyance to the public or to the people in general who dwell or occupy property in

the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may

have occasion to use any public right.

A common nuisance is not excused on the ground that it causes some convenience or advantage.

Negligent act likely to spread infection of disease dangerous to life.

269. Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be,

likely to spread the infection of any disease dangerous to life shall be punished with imprisonment of either

description for a term which may extend to six months, or with fine, or with both.

Malignant act likely to spread infection of disease dangerous to life.

270. Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to

spread the infection of any disease dangerous to life shall be punished with imprisonment of either

description for a term which may extend to two years, or with fine, or with both.

Disobedience to quarantine rule.

271. Whoever knowingly disobeys any rule made and promulgated by the Government for putting any vessel into

a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or

with other vessels, or for regulating the intercourse between places where an infectious disease prevails and

other places, shall be punished with imprisonment of either description for a term which may extend to six

months, or with fine, or with both.

Adulteration of food or drink intended for sale.

272. Whoever adulterates any article of food or drink so as to make such article noxious as food or drink,

intending to sell such article as food or drink or knowing it to be likely that the same will be sold as food or

drink, shall be punished with imprisonment of either description for a term which may extend to six months,

or with fine which may extend to one hundred thousand kyats, or with both.

Sale of noxious food or drink.

273. Whoever sales, or offers or exposes for sale, as food or drink, any article which has been rendered or has

become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is

noxious as food or drink, shall be punished with imprisonment of either description for a term which may

extend to six months, or with fine which may extend to one hundred thousand kyats, or with both.

Adulteration of drugs.

274. Whoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change

the operation of such drug or medical preparation, or to make it noxious, intending that it shall be sold or

used for, or knowing it to be likely that it will be sold or used for, any medicinal purpose as if it had not

undergone such adulteration, shall be punished with imprisonment of either description for a term which may

extend to six months, or with fine which may extend to one hundred thousand kyats, or with both.

Sale of adulterated drugs.

275. Whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen

its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or

issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal

purposes by any person not knowing of the adulteration, shall be punished with imprisonment of either

description for a term which may extend to six months, or with fine which may extend to one hundred

thousand kyats, or with both.

Sale of drug as a different drug or preparation.

276. Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes,

any drug or medical preparation as a different drug or medical preparation shall be punished with

imprisonment of either description for a term which may extend to six months, or with fine which may extend

to one hundred thousand kyats, or with both.

Fowling water of public spring or reservoir.

277. Whoever voluntarily corrups or fouls the water of any public spring or reservoir, so as to render it less fit for

the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a

term which may extend to three months, or with fine which may extend to fifty thousand kyats, or with both.

Making atmosphere noxious to health.

278. Whoever voluntarily vitiates the atmosphere in any place, so as to make it noxious to the health of persons

in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be

punished with fine which may extend to fifty thousand kyats.

Rash driving or riding on a public way.

279. Whoever drives any vehicle or rides on any public way in a manner so rash or negligent as to endanger

human life, or to belikely to cause hurt or injury to any other person, shall be punished with imprisonment of

either description for a term which may extend to [two years], or with fine which may extend to one hundred

thousand kyats, or with both.

Throwing dangerous article on moving vehicle.

279A. Whoever throws or causes to fall or strike at, against, into or upon any vehicle in public place, any wood,

stone, acid or other matter or thing, with intent or knowledge that he is likely to endanger the safety of any

person being in or upon such vehicle, shall be punished with imprisonment of either description for a term

which may extend to one year, or with fine which may extend to fifty thousand kyats, or with both.

Explanation. 1. -- For the purpose of this section, "vehicle" means a wheeled conveyance capable of being

used on a street.

Explanation. 2. -- It is not an offence punishable under this section to throw water at any vehicle in a public

place during the Thingyan Festival.

Explanation. 3. -- Nothing contained in this section shall be deemed to prevent any person from being

prosecuted under any other section of this Code or under any other law for any act or omission.

Rash navigation of vesse.

280. Whoever navigate any vessel in manner so rash or negligent as to endanger human life, or to be likely to

cause hurt or injury to any other person shall be punished with imprisonment of either description for a term

which may extend to six months, or with fine which may extend to one hundred thousand kyats, or with both.

Exhibition of false light, mark or buoy.

281. Whoever exhibits any false light, mark or buoy, intending or knowing it to likely that such exhibition will

mislead any navigator, shall be punished with imprisonment of either description for a term which may extend

to seven years, or with fine, or with both.

Conveying person by water for hire in unsafe or overleaded vessel.

282. Whoever knowingly or negligently conveys or causes to be conveyed for hire any person by water in any

vessel, when that vessel is in such a state or so loaded as to endanger the life or that person, shall be

punished with imprisonment of either description for a term which may extend to six months, or with fine

which may extend to one hundred thousand kyats, or with both.

Danger or obstruction in public way or line of navigation.

283. Whoever, by doing any act or by omitting to take to order with any property in his possession or under his

charge, causes danger, obstruction or injury to any person in any public way or public line of navigation shall

be punished with fine which may extend to twenty thousand kyats.

Negligent conduct with respect to poisonous substance.

284. Whoever does with any poisonous substance any act in a manner so rash or negligent as to endanger

human life, or to be likely to cause hurt or injury to any person.

or knowingly or negligently omits to take such order with any poisonous substance in his possession as is

sufficient to guard against probable danger to human life from such poisonous substance,

shall be punished with imprisonment of either description for term which may extend to six months, or with

fine which may extend to one hundred thousand kyats, or with both.

Negligent conduct with respect to fire or combustible matter.

285. Whoever does with fire or any combustible matter any act so rashly or negligently as to endanger human

life, or to be likely to cause hurt or injury to any other person,

or knowingly or negligently omits to take such order with any fire or any combustible matter in his possession

is sufficient to guard against any probable danger to human life from such fire or combustible matter,

shall be punished with imprisonment of either description [for at term which may extend to three years, and

shall also be liable to fine.]

Negligent conduct with respect to explosive substance.

286. Whoever does with any explosive substance any act so rashly or negligently as to endanger human life, or to

be likely to cause hurt or injury to any other person,

or knowingly or negligently omits to take such order with any explosive substance in his possession as is

sufficient to guard against any probable danger to human life from that substance,

shall be punished with imprisonment of either description for a term which may extend to [three years, and

shall also be liable to fine.]

Negligent conduct with respect to machinery.

287. Whoever does with any machinery any act so rashly or negligently as to endanger human life, or to be likely

to cause hurt or injury to any other person,

or knowingly or negligently omits to take such order with any machinery in his possession or under his care as

is sufficient to guard against any probable danger to human life from such machinery,

shall be punished with imprisonment of either description for a term which may extend to six months, or with

fine which may extend to one hundred thousand kyats, or with both.

Negligent conduct with respect to pulling down or repairing buildings.

288. Whoever in pulling down or repairing any building knowingly or negligently omits to take such order with

that building as is sufficient to guard against any probable danger to human life from the fall of that building,

or of any part thereof, shall be punished with imprisonment of either description for a term which may extend

to six months, or with fine which may extend to one hundred thousand kyats, or with both.

Negligent conduct with respect to animal.

289. Whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient

to guard against any probable danger to human life, or any probable danger of grievous hurt from such

animal, shall be punished with imprisonment of either description for a term which may extend to six months,

or with fine which may extend to one hundred thousand kyats, or with both.

Punishment for public nuisance in case not otherwise provided for.

290. Whoever commits a public nuisance in any case not otherwise punishable by this Code shall be punished

with fine which may extend to twenty thousand kyats.

Continuance of nuisance after injunction to discontinue.

291. Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful

authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple

imprisonment for a term which may extend to six months, or with fine, or with both.

Sale, etc., of obscene book, etc.

292. Whoever-

(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or, for purposes of

sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any

obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object

whatsoever, or

(b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having

reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any

manner put into circulation, or

believe that any such obscene objects are, for any of the purposes aforesaid, made, produced, purchased,

kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or

(d) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in

any act which is an offence under this section, or that any such obscene object can be procured from or

through any person, or

(e) offers or attempts to do any act which is an offence under this section, shall be punished with

imprisonment of either description for a term which may extend to three months, or with fine, or with

both.

Exception. - This section does not extend to any book, pamphlet, writing, drawing or painting kept or used

bona fide for religious purposes, or any representation sculptured, engraved, painted or otherwise

represented on or in any temple, or on any car used for the conveyance of idols, or kept or used for any

religious purpose.

Sale, etc., of obscene objects to young person.

293. Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any

such obscene object as is referred to in the last preceding section, or offers or attempts so to do, shall be

punished with imprisonment of either description for a term which may extend to six months, or with fine, or

with both.

Obscene acts and songs.

294. Whoever, to the annoyance of others, -

(a) does any obscene act in any public place, or

(b) sings, recites or utters any obscene songs, ballad or words in or near any public place,

shall be punished with imprisonment of either description for a term which may extend to three months, or

with fine, or with both.

Keeping lottery office.

294A. Whoever keeps any office or place for the purpose of drawing any lottery [or promoting or conducting any

lottery] not authorized by Government shall be punished with imprisonment of either description for a term

which may extend to six months, or with fine, or with both.

[Whoever] publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything

for the benefit of any person, on any event or contingency relative or applicable to the drawing of any

ticket, lot, number or figure in any such lottery [or to the conduct of any such lottery], shall be punished

with fine which may extend to one hundred thousand kyats.

[Whoever distributes or offers or advertises for distribution any tickets or chances in any lottery otherwise

than by way of sale, upon receipt of the full sale price thereof, as stated on the ticket, shall be punished

with fine which may extend to one hundred thousand kyats.]

CHAPTER XV

OF OFFENCES RELATING TO RELIGION

Injuring or defiling place of worship, with intent to insult the religion of any class.

295. Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class or

persons, with the intention of thereby insulting the religion of any class of persons or with the knowledge that

any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion,

shall be punished with imprisonment of either description for a term which may extend to two years, or with

fine, or with both.

Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.

295A. Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of [persons

resident in the Union], by words, either spoken or written, or by visible representations, insults or attempts to

insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either

description for a term which may extend to two years, or with fine, or with both.

Disturbing religious assembly.

296. Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious

worship or religious ceremonies shall be punished with imprisonment of either description for a term which

may extend to one year, or with fine, or with both.

Trespassing on burial places, etc.

297. Whoever, with the intention of wounding the feelings of any person or of insulting the religion of any

person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of

any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of

sepulture, or any place set apart for the performance of funeral rites or as depository for the remains of the

dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the

performance of funeral ceremonies, shall be punished with imprisonment of either description for a term

which may extend to one year, or with fine, or with both.

Uttering words, etc, with deliberate intent to wound religious feelings.

298. Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or

makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any

object in the sight of that person, shall be punished with imprisonment of either description for a term which

may be extend to one year, or with fine, or with both.

CHAPTER XVI

OF OFFENCES AFFECTING THE HUMAN BODY

Culpable homicide.

299. (1) Whoever causes death by doing an Act with the intention of causing such bodily injury as is likely to

cause death commits the offence of culpable homicide not amounting to murder.

(2) Whoever causes death by doing an Act with the intention of causing death, or with the intention of causing

such bodily injury as in fact is sufficient in the ordinary course of nature to cause death, commits the

offence of culpable homicide not amounting to murder in any of the following cases:-

{A) If he, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of

the person who gave the provocation, or causes the death of any other person by mistake or accident:

Provided-

First. - That the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or

doing harm to any person;

Secondly. - That the provocation is not given by anything done in obedience to the law, or by a public servant

in the lawful exercise of the powers of such public servant; and

Thirdly. - That the provocation is not given by anything done in the lawful exercise of the right of private

defence.

Explanation. - Whether the provocation was grave and sudden enough to deprive the offender of the

power of self-control is a question of fact.

(B) If he, in the exercise in good faith of the right of private defence of person or property, exceeds the power

given to him by law and causes the death of the person against whom he is exercising such right of

defence without premeditation and without any intention of doing more harm than is necessary for the

purpose of such defence.

powers given to him by law, and causes death by doing an act which he, in good faith, believes to be

lawful and necessary for the due discharge of the duty of such public servant and without ill -will towards

the person whose death is caused.

(D) If he, acts without premeditation in a sudden fight the heat of passion upon a sudden quarrel and without

having taken undue advantage or acted in a cruel or unusual manner.

Explanation. - It is immaterial in such cases which party offers the provocation or commits the first

assault.

(E) If he, causes the death of a person who is above the age of eighteen years and who suffers death or takes

the risk of death with his own consent.

Murder.

300. Whoever, in the absence of any circumstance which makes the act one of culpable homicide not amounting

to murder, causes death by doing an act with the intention of causing death, or with the intention of causing

bodily injury as in fact is sufficient in the ordinary course of nature to cause death, commits the offence of

murder.

Explanations of culpable homicide.

300A. In sections 299 and 300 -,

(a) a person who causes bodily injury to another who is labouring under a disorder, disease or bodily

infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death;

(b) where death is caused by bodily injury, the offender's knowledge of the weakness or infirmity of the

person on whom the bodily injury is inflicted is a relevant factor in proving the nature of his intention;

death, or such bodily injury as is likely to cause death, is a relevant factor in proving the nature of his

intention;

(d) where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have

caused the death although by resorting to proper remedies and skilful treatment the death might have

been prevented;

(e) the causing of the death of a child in the mother's womb is not homicide.

But it may amount to culpable homicide to cause the death of a living child if any part of that child has been

brought forth, though the child may not have breathed or been completely born.

Culpable homicide by causing death of person other than person whose death was intended.

301. If a person, by doing anything which he intends or knows to be likely to cause death, commits an offence by

causing the death of any person whose death he neither intends nor knows himself to be likely to cause, the

offence committed by the offender is of the description of which it would have been if he had caused the

death of the person whose death he intended or knew himself, to be likely to cause.

Explanation. - In this section the word "offence" means an offence described in section 299 or section 300 or

section 304A.

Punishment for murder.

302. (1) Whoever commits murder -

(a) being under sentence of imprisonment for a term of twenty years, or

(b) with premeditation, or

which may extend to seven years, shall be punished with death, and shall also be liable to fine.

(2) Whoever commits murder in any other case shall be punished with imprisonment for a term of twenty

years, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to

fine.

303.

Explanation - Whether an act is premeditated is a question of fact.

* * *

Punishment for culpable homicide not amounting to murder.

304. Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for a

term of twenty years, or imprisonment of either description for a term which may extend to ten years and

shall also be liable to fine.

Causing death by negligence.

304A. Whoever causes the death of any person by doing any rash or negligent act not punishable as culpable

homicide or murder shall be punished with imprisonment of either description for a term which may extend to

seven years, and shall also be liable to fine: provided that, if such act is done with the knowledge that it is

likely to cause death, the term of imprisonment may extend to ten years.

Abetment of suicide of child or insane person.

305. If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person

in a state of intoxication commits suicide, whoever abets the commission of such suicide shall be punished

with death or imprisonment for a term of twenty years, or imprisonment for a term not exceeding ten years,

and shall also be liable to fine.

Abetment of suicide.

306. If any person commits suicide, whoever abets the commission of such suicide shall be punished with

imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Attempt to murder.

307. Whoever does any act with such intention [***] and under such circumstances that, if he by that act caused

death, he would be guilty of murder, shall be punished with imprisonment of either description for a term

which may extend to ten years, and shall also be liable to fine: and, if hurt is caused to any person by such

act, the offender shall be liable either to imprisonment for a term of twenty years, or to such punishment as is

hereinbefore mentioned.

Attempts by life-convicts.

When any person offending under this section is under sentence of imprisonment for a term of twenty years

he may, if hurt is caused, be punished with death.

1llustrations

(a) A should at Z with intention to kill him, under such circumstances that, if death ensued, A would be guilty

of murder. A is liable to punishment under this section.

(b) A with the intention of causing the death of a child of tender years exposes it in a desert place. A has

committed the offence defined by this section, though the death of the child does not ensue.

He has committed the offence defined in this section, and if by such firing he wounds Z he is liable to the

punishment provided by the latter part of first paragraph of this section.

(d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A's

keeping; A has not yet committed the offence in this section. A places the food on Z's table or delivers it to

Z's servants to place it on Z's table. A has committed the offence define in this section.

Attempt to commit culpable homicide.

308. Whoever does any act with such intention (* * *) and under such circumstances that, if he by that act

caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with

imprisonment of either description for a term which may extend to three years, or with fine or with both; and,

if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a

term which may extend to seven years, or with fine, or with both.

Illustration

A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused

death he would be guilty of capable homicide not amounting to murder. A has committed the offence

defined in this section.

Attempt to commit suicide.

309. Whoever attempts to commit suicide, and does any act towards the commission of such offence, shall be

punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

Thug.

310. Whoever shall have been habitually associated with any other or others for the purpose of committing

robbery or child - stealing by means of or accompanied with murder is a thug.

Punishment.

311. Whoever is a thug shall be punished with imprisonment for a term of twenty years, and shall also be liable

to fine.

Of the causing of Miscarriage, of Injuries to unborn Children, of the Exposure of Infants, and of the

Concealment of Births.

Causing miscarriage.

312. Whoever voluntarily causes a woman with child to miscarry shall, if such miscarriage be not caused in good

faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for

a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child,

shall be punished with imprisonment of either description for a term which may extend to seven years, and

shall also be liable to fine.

Explanation. - A woman who causes herself to miscarry is within the meaning of this section.

Sterilization of a woman surgery.

312A. Whoever intentionally does sterilization by surgery to a woman shall, unless such sterilization is certified by

the Board appointed by the Government in this behalf to be necessary for reasons of physical or mental

health, be punished with imprisonment for a term which may extend to three years, and shall also be liable to

fine: Provided that in cases where immediate action must be taken in order to save the life of the woman no

such certificate is necessary.

Sterilization of a man by surgery.

312B. Whoever intentionally does sterilization by surgery to a man shall, unless such sterilization is certified by

the Board appointed by Government in this behalf to be necessary for reasons of physical or mental health, be

punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

Allowing oneself to be sterilized by surgery.

312C. Whoever voluntarily allows oneself to be sterilized by surgery, unless such sterilization is certified by the

Board appointed by Government in this behalf to be necessary for reasons of physical or mental health, shall

be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

Death caused by sterilization by surgery.

312D. Whoever intentionally does sterilization by surgery to any person thereby causing the death of such person

shall, unless such sterilization is certified by the Board appointed by Government in this behalf to be

necessary for reasons of physical or mental health, be punished with imprisonment for a term which may

extend to ten years, and shall also be liable to fine.

Causing miscarriage without woman's consent.

313. Whoever commits the offence defined in the last preceding section without the consent of the woman,

whether the woman is quick with child or not, shall be punished with imprisonment for a term of twenty

years, or with imprisonment of either description for a term which may extend to ten years, and shall also be

liable to fine.

Deathcause by act done with intent to cause, miscarriage.

314. Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death

of such woman shall be punished with imprisonment of either description for a term which may extend to ten

years, and shall also be liable to fine;

If act done without, woman's consent.

and if the act is done without the consent of the woman, shall be punished either with imprisonment for a

term of twenty years, or with the punishment above mentioned.

Explanation. - It is not essential to this offence that the offender should know that the act is likely to cause

death.

Act done with intent to prevent child being born alive or to cause it. To die after birth.

315. Whoever, before the birth of any child, does any act with the intention of thereby preventing that child from

being born alive or causing it to die after its birth, and does by such act prevent that child from being born

alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving

the life of the mother, be punished with imprisonment of either description for a term which may extend to

ten years, or with fine, or with both.

Causing death of quick unborn child by doing act likely to cause death of pregnant woman.

316. Whoever without lawful excuse does any act knowing that he is likely to cause death to a pregnant woman,

and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either

description for a term which may extend to ten years, and shall also be liable to fine.

Exposure and abandonment of child under twelve years, by parent or person having care of it.

317. Whoever, being the father or mother of a child under the age of twelve years, or having the care of such

child, shall expose or leave such child in any place with the intention wholly abandoning such child shall be

punished with imprisonment of either description for a term which may extend to seven years, or with fine, or

with both.

Explanation. - This section is not intended to prevent the trial of the offender for murder or culpable

homicide, as the case may be, if the child die in consequence of the exposure.

Concealment of birth by secret disposal of dead body.

318. Whoever, by secretly burying or otherwise disposing of the dead body of a child, whether such child die

before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child, shall

be punished with imprisonment of either description for a term which may extend to two years, or with fine,

or with both.

Of Hurt

Hurt.

319. Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

Grievous hurt.

320. The following kinds of hurt only are designated as" grievous":

First. - Emasculation.

Secondly. - Permanent privation of the sight of either eye.

Thirdly. - Permanent privation of the hearing of either ear.

Fourthly.- Privation of any member or joint.

Fifthly. - Destruction or permanent impairing of the powers of any member or joint.

Sixthly. - Permanent disfiguration of the head or face.

Seventhly. - Fracture or dislocation of a bone or tooth.

Eighthly. - Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in

severe bodily pain, or unable to follow his ordinary pursuits.

Voluntarily causing hurt.

321. Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that

he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said

"voluntarily to cause hurt."

Voluntarily causing grievous hurt.

322. Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause

is grievous hurt, and if the hurt which he causes is grievous hurt, is said "voluntarily to cause grievous hurt."

Explanation.- A person is not said voluntarily to cause grievous hurt except when he both causes grievous

hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause

grievous hurt if intending or knowing himself to be likely to cause grievous hurt of one kind he actually

causes grievous hurt of another kind .

Illustration

A, intending or knowing himself to be likely permanently to disfigure Z's face, gives Z a blow which does not

permanently disfigure Z's face, but, which causes Z to suffer servere bodily pain for the space of twenty

days. A has voluntarily caused grievous hurt.

Punishment for voluntarily causing hurt.

323. Whoever, except in the case provided for by section 334, voluntarily causes hurt shall be punished with

imprisonment of either description for a term which may extend to one year, or with fine which may extend to

one hundred thousand kyats, or with both.

Voluntarily causing hurt by dangerous weapons or means.

324. Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument

for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause

death, or by means of fire or any heated substance, or (by means of any poison or any corrosive substance, or

by means of any explosive substance, or by means of any substance which it is deleterious to the human body

to inhale, to swallow, or to receive into the blood, or by means of any animal,) shall be punished with

imprisonment of either description for a term which may extend to three year, or with fine, or with both.

Punishment for voluntarily causing grievous hurt.

325. Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt shall be punished

with imprisonment of either description for a term which may extend to seven years, and shall also be liable

to fine.

Voluntarily causing grievous hurt by dangerous weapons or means.

326. Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any

instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to

cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive

substance, or by means of any explosive substance, or by means of any substance which it is deleterious to

the human body to inhale, to swallow, or to receive into the blood, or by means of an animals, shall be

punished with imprisonment for a term of twenty years, or with imprisonment of either description for a term

which may extend to ten years, and shall also be liable to fine.

Voluntarily causing hurt to extort property, or to constrain to an illegal act.

327. Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any person

interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person

interested in such sufferer to do anything which is illegal or which may facilitate the commission of an

offence, shall be punished with imprisonment of either description for a term which may extend to ten years,

and shall also be liable to fine.

Causing hurt by means of poison, etc., with intent to commit an offence.

328. Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or

unwholesome drug, or, other thing with intent to cause hurt to such person, or with intent to commit or to

facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be

punished with imprisonment of either description for a term which may extend to ten years, and shall also be

liable to fine.

Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act.

329. Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer, or from any person

interested in the sufferer any property or valuable security, or of constraining the sufferer or any person

interested in such sufferer to do anything that is illegal or which may facilitate the commission of an offence,

shall be punished with imprisonment for a term of twenty years, or imprisonment of either description for a

term which may extend to ten years, and shall also be liable to fine.

Voluntarily causing hurt to extort confession, or to compel restoration of property.

330. Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or any person interested in

the sufferer, any confession or any information which may lead to the detection of an offence or misconduct,

or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause

the restoration of any property or valuable security, or to satisfy any claim or demand, or to give information

which may lead to the restoration of any property or valuable security, shall be punished with imprisonment

of either description for a term which may extend to seven years, and shall also be liable to fine.

(a) A, a police-officer tortures Z in order to induce Z to confess that he committed a crime A is guilty of an

offence under this section.

(b) A, a police-officer, tortures B to induce him to point out where certain stolen property is deposited, A is

guilty of an offence under this section.

(d) A, a landlord, tortures a tenant in order to compel him to pay his rent. A is guilty of an offence under this

section.

Voluntarily causing grievous hurt to extort confession, or to compel restoration of property.

331. Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer, or any person

interested in the sufferer, any confession or any information which may lead to the detection of an offence or

misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore

or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give

information which may lead to the restoration of any property or valuable security, shall be punished with

imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Voluntarily causing hurt to deter public servant from his duty.

332. Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such

public servant, or with intent to prevent or deter that person or any other public servant from discharging his

duty as such public servant, or in consequence of anything done or attempted to be done by that person in

the lawful discharge of his duty as 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.

Voluntarily causing grievous hurt of deter public servant from his duty.

333. Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty

as such public servant, or with intent to prevent or deter that person or any other public servant from

discharging his duty as such public servant, or in consequence of anything done or attempted to be done by

that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of

either description for a term which may extend to ten years, and shall also be liable to fine.

Voluntarily causing hurt on provocation.

334. Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself

to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished

with imprisonment of either description for a term which may extend to one month, or with fine which may

extend to fifty thousand kyats, or with both.

Voluntarily causing grievous hurt on provocation.

335. Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows

himself to be likely to cause grievous hurt to any person other than the person who gave the provocation,

shall be punished with imprisonment of either description for a term which may extend to four years, or with

fine which may extend to two hundred thousand kyats, or with both.

Explanation. - The last two sections are subject to the same provisos as (Exception 1, section 300.)

Act endangering life or personal safety of others.

336. Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others

shall be punished with imprisonment of either description for a term which may extend to one year, or with

fine which may extend to fifty thousand kyats, or with both.

Causing hurt by act endangering life or personal safety of others.

337. Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life or

the personal safety of others shall be punished with imprisonment of either description for a term which may

extend to two years, or with fine which may extend to one hundred thousand kyats, or with both.

Causing grievous hurt by act endangering life or personal safety of others.

338. Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human

life or the personal safety of others shall be punished with imprisonment of either description for a term

which may extend to five years, and shall also be liable to fine.

Of Wrongful Restraint and Wrongful Confinement

Wrongful restraint.

339. Whoever voluntarily obstructs any person, so as to prevent that person from proceeding in any direction in

which that person has a right to proceed, is said wrongfully to restrain that person.

Exception. -The obstruction of a private way over land or water, which a person in good faith believes himself

to have a lawful right to obstruct, is not an offence within the meaning of this section.

Illustration

A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop

the path. Z is thereby prevented from passing. A wrongfully restrains Z.

Wrongful confinement.

340. Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding

beyond certain circumscribing limits is said " wrongfully to confine" that person.

Illustrations

(a) A causes Z to go within a walled space, and locks Zin. Z is thus prevented from proceeding in any

direction beyond the circumscribing line of wall. A wrongfully confines Z.

(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Zif Z attempts to

leave the building. A wrongfully confines Z.

Punishment for wrongful restraint.

341. Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may

extend to one month, or with fine which may extend to fifty thousand kyats, or with both.

Punishment for wrongful confinement.

342. Whoever wrongfully confines any person shall be punished with imprisonment of either description for a

term which may extend to one year, or with fine which may extend to one hundred thousand kyats, or with

both.

Wrongful confinement for three or more days.

343. Whoever wrongfully confines any person for three days or more shall be punished with imprisonment of

either description for a term which may extend to two years, or with fine, or with both.

Wrongful confinement for ten or more days.

344. Whoever wrongfully confines any person for ten days or more shall be punished with imprisonment of either

description for a term which may extend to three years, and shall also be liable to fine.

Wrongful confinement of person for whose liberation writ has been issued.

345. Whoever keeps any person in wrongful confinement, knowing that a writ for liberation of that person has

been duly issued, shall be punished with imprisonment of either description for a term which may extend to

two years in addition to any term of imprisonment to which he may be liable under any other section of this

Chapter.

Wrongful confinement in secret.

346. Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of

such person may not be known to any person interested in the person so confined, or to any public servant,

or that the place of such confinement may not be known to or discovered by any such person or public

servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term

which may extend to two years in addition to any other punishment to which he may be liable for such

wrongful confinement.

Wrongful confinement to extort property, or constrain to illegal act.

347. Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any

person interested in the person confined, any property or valuable security, or of constraining the person

confined or any person interested in such person to do anything illegal or to give any information which may

facilitate the commission of an offence, shall be punished with imprisonment of either description for a term

which may extend to three years, and shall also be liable to fine.

Wrongful confinement to extort confession, or compel restoration of property.

348. Whoever wrongfully confines any person for purpose of extorting from the person confined, or any person

interested in the person confined, any confession or any information which may lead to the detection of an

offence or misconduct, or for the purpose of constraining the person confined or any person interested in the

person confined to restore or to cause the restoration of any property or valuable security , or to satisfy any

claim or demand, or to give information which may lead to the restoration of any property or valuable

security, shall be punished with imprisonment of either description for a term which may extend to three

years, and shall also be liable to fine.

Of Criminal Force and Assault

Force.

349. A person is said to use force to another if he causes motion, change of motion, or cessation of motion to

that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as

brings that substance into contact with any part of that other's body, or with anything which that other is

wearing or carrying, or with anything so situated that such contact affects that other's sense of feeling:

Provided that the person causing the motion, or change of motion, or cessation of motion causes that motion,

change of motion, or cessation of motion in one of the three ways herein- after described:

First. - By his own bodily power.

Secondly.- By disposing any substance in such a manner that the motion or change or cessation of motion

takes place without any further act on his part, or on the part of any other person.

Thirdly.- By inducing any animal to move, to change its motion, or to cease to move.

Criminal force.

350. Whoever intentionally uses force to any person, without that person's consent, in order to the committing of

any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such

force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal

force to that other.

Illustrations

(a) Z is sitting in a moored boat on river. A unfastens the moorings, and thus intentionally causes the boat to

drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing substances

in such a manner that the motion is produced without any other action on any person's part. A has

therefore intentionally used force to Z; and it he has done so without Z's consent, in order to the

committing of any offence or intending or knowing it to be likely that this use of force will cause injury,

fear or annoyance to Z, A has used criminal force to Z.

(b) Z is riding in a chariot. A lashes Z's horses, and thereby causes them to quicken their pace. Here A has

caused change of motion to Z to by inducing the animals to change their motion. A has therefore used

force to Z; and if A has done this without Z's consent, intending or knowing it to be likely that he may

thereby injure, frighten or annoy Z, has used criminal force to Z.

cessation of motion to Z, and he has done this by his own bodily power. A has therefore used force to Z;

and as A has acted thus intentionally, without Z's consent, in order to the commission of an offence, A has

used criminal force to Z.

(d) A intentionally pushes against Zin the street. Here A has by his own bodily power moved his own person

so as to bring it into contact with Z. He has therefore intentionally used force to Z; and if he has done so

without Z's consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he

has used criminal force to Z.

(e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with

Z, or with Z's clothes, or with something carried by Z, or that it will strike water and dash up the water

against Z's clothes or something carried by Z. Here if the throwing of the stone produce the effect of

causing any substance to come into contact with Z, or Z's clothese A has used force to Z; and if he did so

without Z's consent, intending thereby to injure, frighten, or annoy Z, he has used criminal force to Z.

(f) A intentionally pulls up a woman's veil. Here A intentionally uses force to her, and if he does so without her

consent intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used

criminal force to her.

(g) Z is bathing. A pours into the bath water which he knows to be boiling. Here A intentionally by his own

bodily power causes such motion in the boiling water as brings that water into contact with Z, or with

other water so situated that such contact must affect l's sense of feeling. A has therefore intentionally

used force to Z; and if he has done this without Z's consent intending or knowing it to be likely that he

may thereby cause injury, fear or annoyance to Z, A has used criminal force.

(h) A incites a dog to spring upon Z, without Z's consent. Here if A intends to cause injury, fear or annoyance

to Z, he uses criminal force to Z.

Assault.

351. Whoever makes any gesture or any preparation, intending or knowing it to be likely that such gesture or

preparation will cause any person present to apprehend that he who makes that gesture or preparation is

about to use criminal force to that person, is said to commit an assault.

Explanation. - Mere words do not amount to an assault. But the words which a person uses may give to his

gestures or preparations such a meaning as may make those gestures or preparations amount to an

assault.

1llustrations

(a) A shake his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is

about to strike Z. A has committed an assault.

(b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby

cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z.

case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances,

might not amount to an assault, the gesture explained by the words may amount to an assault.

Punishment for assault or criminal force otherwise than on grave provocation.

352. Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation

given by that person shall be punished with imprisonment of either description for a term which may extend

to three months or with fine which may extend to fifty thousand kyats, or with both.

Explanation. - Grave and sudden provocation will not mitigate the punishment for an offence under this

section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the

offence, or

if the provocation is given by anything done in obedience to the law, or by a public servant in the lawful

exercise of the powers of such public servant, or

if the provocation is given by anything done in the lawful exercise of the right of private defence.

Whether the provocation was grave and sudden enough to mitigate the offence is a question of fact.

Assault or criminal force to deter public servant from discharge of his duty.

353. Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as

such public servant, or with intent to prevent or deter that person from discharging his duty as such public

servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge

of his duty as such public servant, shall be punished with imprisonment of either description for a term which

may extend to two years, or with fine, or with both.

Assault or criminal force to woman with intent to outrage her modesty.

354. Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that

he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term

which may extend to two years, or with fine, or with both.

Assault or criminal force with intent to dishonour person, otherwise than on grave provocation.

355. Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person,

otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment

of either description for a term which may extend to two years, or with fine, or with both.

Assault or criminal force in attempt to commit theft of property carried by a person.

356. Whoever assaults or uses criminal force to any person in attempting to commit theft of any property which

that person is then wearing or carrying shall be punished with imprisonment of either description for a term

which may extend to two years, or with fine, or with both.

Assault or criminal force in attempt wrongfully to confine a person.

357. Whoever assaults or uses criminal force to any person in attempting wrongfully to confine that person shall

be punished with imprisonment of either description for a term which may extend to one year, or with fine

which may extend to one hundred thousand kyats, or with both.

Assault or criminal force on grave provocation.

358. Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that

person shall be punished with simple imprisonment for a term which may extend to one month, or with fine

which may extend to twenty thousand kyats, or with both.

Explanation. - The last section is subject to the same explanation as section 352.

Of Kidnapping, Abduction, Slavery and Forced Labour

Kidnapping.

359. Kidnapping is of two kinds: kidnapping from the Union of Burma, and kidnapping from lawful guardianship.

Kidnapping from the Union of Burma.

360. Whoever conveys any person beyond the limits of the Union of Burma without the consent of that person,

or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from

the Union of Burma.

Kidnapping from lawful guardianship.

361. Whoever takes or entices any minor under fourteen years of age if a male, or under eighteen years of age if

a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of

unsound mind without the consent of such guardian, is said to kidnap such minor or person from lawful

guardianship.

Explanation. - The words "lawful guardian" in this section include any person lawfully entrusted with the care

or custody of such minor or other person.

Exception. - This section does not extend to the act of any person who in good faith believes himself to be the

father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of

such child, unless such act is committed for an immoral or unlawful purpose.

Abduction.

362. Whoever by force compels, or by any deceitful means induces, any person to go from any place is said to

abduct that person.

Punishment for kidnapping.

363. Whoever kidnaps any person from the Union of Burma or from lawful guardianship shall be punished with

imprisonment of either description for a term which may extend to seven years, and shall also be liable to

fine.

Kidnapping or abducting in order to murder.

364. Whoever kidnaps or abducts any person in order that such person may be murdered, or may be so disposed

of as to be put in danger of being murdered, shall be punished with imprisonment for a term of twenty years,

or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

1llustrations

(a) A kidnaps Z from the Union of Burma, intending or knowing it to be likely that Z may be sacrificed to an

idol. A has committed the offence defined in this section.

(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the

offence defined in this section.

Kidnapping or abducting with intent secretly and wrongfully to confine person.

365. Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully

confined shall be punished with imprisonment of either description for a term which may extend to seven

years, and shall also be liable to fine.

Kidnapping, abducting or inducing woman to compel her marriage, etc,

366. Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely

that she will be compelled, to marry any person against her will, or in order that she may be forced or

seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse,

shall be punished with imprisonment of either description for a term which may extend to ten years, and shall

also be liable to fine; and whoever, by means of criminal intimidation as defined in this Code or of abuse of

authority or any other method of compulsion, induces any woman to go from any place with intent that she

may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person

shall also be punishable as aforesaid.

Procuration of minor girl.

366A. Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any

place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or

seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to

ten years, and shall also be liable to fine.

Importation of girl from foreign country.

366B. Whoever imports into the Union of Burma from any country outside the Union of Burma any girl under the

age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or

seduced to illicit intercourse with another person, [* * *] [whether by himself or by another person,] shall be

punishable with imprisonment which may extend to ten years, and shall also be liable to fine.

Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc,

367. Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed

of as to be put in danger of being subjected, to grievous hurt or slavery, or to the unnatural lust of any person,

or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with

imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Wrongfully concealing or keeping in confinement kidnapped or abducted person.

368. Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or

confines such person shall be punished in the same manner as if he had kidnapped or abducted such person

with the same intention or knowledge, or for the same purpose as that with or for which he conceals or

detains such person in confinement.

Kidnapping or abducting child under ten years with intent to steal from its person.

369. Whoever kidnaps or abducts any child under the age of ten years, with the intention of taking dishonestly

any moveable property from the person of such child, shall be punished with imprisonment of either

description for a term which may extend to seven years, and shall also be liable to fine.

Buying or disposing of any person as a slave.

370. Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or

detains against his will any person as a slave, shall be punished with imprisonment of either description for a

term which may extend to seven years, and shall also be liable to fine.

Habitual dealing in slaves.

371. Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves shall be punished will

imprisonment for a term of twenty years, or with imprisonment of either description for a term not exceeding

ten years, and shall also be liable to fine.

Selling minor for purposes of prostitution, etc,

372. Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with intent

that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse

with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at

any age be employed or used for any such purpose, shall be punished with imprisonment of either description

for a term which may extend to ten years, and shall also be liable to fine.

Explanation 1. - When a female under the age of eighteen years is sold, let for hire or otherwise disposed of to

a prostitute or to any person who keeps or manages a brothel the person so disposing of such female

shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be

used for the purpose of prostitution.

Explanation 2. - For the purposes of this section "illicit intercourse" means sexual intercourse between

persons not united by marriage or by any union or tie which, though not amounting to a marriage, is

recognized by the personal law or custom of the community to which they belong or, where they belong to

different communities, of both such communities, as constituting between them a quasi-marital relation.

Buying minor for purposes of prostitution, etc.

373. Whoever buys, hires or otherwise obtains possession of any person under the age of eighteen years with

intent that such person shall at any age be employed or used for the purpose of prostitution or illicit

intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such

person will at any age be employed or used for any such purpose, shall be punished with imprisonment of

either description for a term which may extend to ten years, and shall also be liable to fine.

Explanation 1. - Any prostitute or any person keeping or managing a brothel who buys, hires or otherwise

obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be

presumed to have obtained possession of such female with the intent that she shall be used for the

purpose of prostitution.

Explanation 2. - " Illicit intercourse" has the same meaning as in section 372.

Unlawful compulsory labour.

374. Whoever unlawfully compels any person to labour against the will of that person shall be punished with

imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Of Rape

Rape.

375. A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a

woman under circumstances falling under any of the five following descriptions:-

First. - Against her will.

Secondly. - Without her consent.

Thirdly. - With her consent, when her consent has been obtained by putting her in fear of death or of hurt.

Fourthly. - With her consent, when the man knows that he is not her husband, and that her consent is given

because she believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly. - With or without her consent, when she is under sixteen years of age.

Explanation. - Penetration is sufficient to constitute the sexual intercourse necessary to the offence of

rape.

Exception. - Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age,

is not rape.

Punishment for rape.

376. (1) Whoever commits rape except the offences of rape contained in sub- sections (2) and (3), shall be

punished with imprisonment for a term of twenty years, or with imprisonment of either description for a term

which may extend to ten years, and shall also be liable to fine.

(2) Whoever commits rape against a woman who is his own wife and is not under twelve years of age, shall be

punished with imprisonment of either description for a term which may extend to two years, or with fine,

or with both.

(3) Whoever commits rape against a woman who is under twelve years of age shall be punished with

imprisonment for life, or with imprisonment for a term of twenty years.

Of Unnatural Offences

Unnatural offences.

377. Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall

be punished with imprisonment for a term of twenty years, or with imprisonment of either description for a

term which may extend to ten years, and shall also be liable to fine.

Explanation. - Penetration is sufficient to constitute the carnal intercourse necessary to the offence described

in this section.

CHAPTER XVII

Theft.

OF OFFENCES AGAINST PROPERTY

Of Theft

378. Whoever, intending to take dishonestly any moveable property out of the possession of any person without

that person's consent, moves that property in order to such taking is said to commit theft.

Explanation 1. - A thing so long as it is attached to the earth, not being moveable property, is not the subject

of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.

Explanation 2. - A moving effected by the same act which effects the severance may be a theft.

Explanation 3. - A person is said to cause a thing to move by removing an obstacle which prevented it from

moving, or by separating it from any other thing, as well as by actually moving it.

Explanation 4. - A person who by any means causes an animal to move is said to move that animal, and to

move everything which, in consequence of the motion so caused, is moved by that animal.

Explanation 5. - The consent mentioned in the definition may be express or implied, and may be given either

by the person in possession, or by any person having for that purpose authority either express or implied.

1llustrations

(a) A cuts down a tree on Z's ground, with the intention of dishonestly taking the tree out of Z's possession

without Z's consent. Here, as soon as A has severed the tree in order to such taking he has committed

theft.

(b) A puts a bait for dogs in his pocket, and thus induces Z's dog to follow him. Here, if A's intention be

dishonestly to take the dog out of Z's possession without Z's consent, A has committed theft as soon as Z's

dog has begun to follow A.

may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the

treasure.

(d) A being Z's servant, and entrusted by Z with the care of Z's plate, dishonestly runs away with the plate,

without Z's consent. A has committed theft.

(e) Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall return. A carries the

plate to a goldsmith and sells it. Here the plate was not in Z's possession. It could not therefore be taken

out of Z's possession, and A has not committed, theft, though he may have committed criminal breach of

trust.

(f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z's possession,

and if A dishonestly removes it, A commits theft.

(g) A finds a ring lying on the high-road, not in the possession of any person. A by taking it, commits no theft,

though he may commit criminal misappropriation or property.

(h) A sees a ring belonging to Z lying on a table in Z's house. Not venturing to misappropriate the ring

immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that

will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the

loss is forgotten. Here A, at the time of first moving the ring, commits theft.

(i) A delivers his watch to Z, a jeweller, to be regulated. Z carries it to his shop. A not owing to the jeweller any

debt for which the jeweller might lawfully detain the watch as a security, enters the shop openly, takes his

watch by force out of Z's hand, and carries it away. Here A, though he may have committed criminal

trespass and assault, has not committed theft, in as much as what he did was not done dishonestly.

(j) If A owes money to Z for repairing the watch, and if Z retain the watch lawfully as security for the debt, and

A takes the watch out of Z's possession, with the intention of depriving Z of the property as a security for

his debt, he commits theft, in as much as he takes it dishonestly.

(k) Again, if A, having pawned his watch to Z, takes it out of Z's possession without Z's consent, not having

paid what he borrowed on the watch, he commits theft, though the watch is his own property, in as much

as he takes it dishonestly.

(I) A takes an article belonging to Z out of Z's possession without Z's consent, with the intention of keeping it

until he obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has therefore

committed theft.

(m) A, being on friendly terms with Z, goes into Z's library in Z's absence, and takes aways a book without Z's

express consent for the purpose merely of reading it, and with the intention of returning it. Here, it is

probable that A may have conceived that he had Z's implied consent to use Z's book. If this was A's

impression, A has not committed theft.

(n) A asks charity from Z's wife. She gives A money, food and clothes, which A knows to belong to Z, her

husband. Here it is probable that A may conceive that Z's wife is authorized to give away alms. If this was

A's impression, A has not committed theft.

(o) A is the paramour of Z's wife. She gives A valuable property, which A knows to belong to her husband Z,

and to be such property as she has not authority from Z to give. If A takes the property dishonestly, he

commits theft.

(p) A, in good faith, believing property belonging to Z to be A's own property, takes that property out of B's

possession. Here, as A does not take dishonestly, he does not commit theft.

Punishment for theft.

379. Whoever commits theft shall be punished with imprisonment of either description for a term which may

extend to three years, or with fine, or with both.

Theft in dwelling house, etc.

380. Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human

dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a

term which may extend to seven years, and shall also be liable to fine.

Theft by clerk or servant of property in possession of master.

381. Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in

respect of any property in the possession of his master or employer shall be punished with imprisonment of

either description for a term which may extend to seven years, and shall also be liable to fine.

Theft after preparation made for causing death, hurt or restraint in order to the commiting of the theft.

382. Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or

of hurt, or of restraint, to any person in order to the committing of such theft, or in order to the effecting of

his escape after the committing of such theft, or in order to the retaining of property taken by such theft, shall

be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to

fine.

1llustrations

(a) A commits theft of property in Z's possession; and, while committing this theft he has a loaded pistol

under his garment having provided this pistol for the purpose of hurting Z in case Z should resist. A has

committed the offence defined in this section.

(b) A picks Z's pocket, having posted several of his companions near him in order that they may restrain Zif Z

should perceive what is passing and should resists or should attempt to apprehend A. A has committed the

offence defined in this section.

Of Extortion

Extortion.

383. Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby

dishonestly induces the person so put in fear to deliver to any person any property or valuable security or

anything signed or sealed which may be converted into a valuable security, commits" extortion."

1llustrations

(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to

give him money. A has committed extortion.

(b) A threatens Z that he will keep Z's child in wrongful confinement, unless Z will sign and deliver to A a

promissory note binding Z to pay certain money to A. Z signs and delivers the note. A has committed

extortion.

under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has

committed extortion.

(d) A, by putting Zin fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and

deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a

valuable security, A has committed extortion.

Punishment for Extortion.

384. Whoever commits extortion shall be punished with imprisonment of either description for a term which may

extend to three years, or with fine, or with both.

Putting person in fear of injury in order to commit extortion.

385. Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in

fear, of any injury shall be punished with imprisonment of either description for a term which may extend to

two years, or with fine, or with both.

Extortion by putting a person in fear of death or grievous hurt.

386. Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to

any other shall be punished with imprisonment of either description for a term which may extend to ten years,

and shall also be liable to fine.

Putting person in fear of death or of grievous hurt, in order to commit extortion.

387. Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of

grievous hurt to that person or to any other shall be punished with imprisonment of either description for a

term which may extend to seven years, and shall also be liable to fine.

Extortion by threat of accusation of an offence punishable with death or transportation, etc.

388. Whoever commits extortion by putting any person in fear of an accusation against that person or any other

of having committed or attempted to commit any offence punishable with death, or with imprisonment for a

term of twenty years, or with imprisonment for a term which may extend to ten years, or of having attempted

to induce any other person to commit such offence, shall be punished with imprisonment of either description

for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be one

punishable under section 377, may be punished with imprisonment for a term of twenty years.

Putting person in fear of accusation of offence in order to commit extortion.

389. Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an

accusation, against that person or any other, of having committed, or attempted to commit, any offence

punishable with death or with imprisonment for a term of twenty years, or with imprisonment for a term

which may extend to ten years, shall be punished with imprisonment of either description for a term which

may extend to ten years, and shall also be liable to fine; and, if the offence be punishable under section 377,

may be punished with imprisonment for a term of twenty years.

Of Robbery and Dacoity

Robbery.

390. In all robbery there is either theft of extortion.

When theft is robbery.

Theft is "robbery" if, in order to the committing of the theft, or in committing the theft, or in carrying away or

attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or

attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant

hurt or of instant wrongful restraint.

When extortion is robbery.

Extortion is "robbery" if the offender, at the time of committing the extortion, is in the presence of the person

put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt or of

instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the

person so put in fear then and there to deliver up the thing extorted.

Explanation. - The offender is said to be present if he is sufficiently near to put the other person in fear of

instant death of instant hurt, or of instant wrongful restraint.

1llustrations

(a) A holds Z down, and fraudulently takes Z's money and jewels from Z's clothes, without Z's consent. Here A

has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restaint

to Z. A has therefore committed robbery.

(b) A meets Z on the high road, shows a pistol, and demands Z's purse. Z, in consequence, surrenders his

purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of

committing the extortion in his presence. A has therefore committed robbery.

unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the pure from Z by

causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery

on Z.

(d) A obtains property from Z by saying- "Your child is in the hands of my gang and will be put to death unless

you send us ten thousand rupees." This is extortion, and punishable as such; but it is not robbery unless Z

is put in fear of the instant death of his child .

Dacoity.

391. When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number

of persons conjointly committing or attempting to commit a robbery and persons present and aiding such

commission or attempt amount to five or more, every person so committing, attempting or aiding is said to

commit "dacoity".

Punishment for robbery.

392. Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to

ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset

and sunrise the imprisonment may be extended to fourteen years.

Attempt to commit robbery.

393. Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may

extend to seven years, and shall also be liable to fine.

Voluntarily causing hurt in commiting robbery.

394. If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and

any other person jointly concerned in committing or attempting to commit such robbery, shall be punished

with imprisonment for a term of twenty years, or with rigorous imprisonment for a term which may extend to

ten years, and shall also be liable to fine.

Punishment for dacoity.

395. Whoever commits dacoity shall be punished with imprisonment for a term of twenty years, or with rigorous

imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Dacoity with murder.

396. If any one of five or more person, who are conjointly committing dacoity, commits murder in so committing

dacoity, every one of those persons shall be punished with death, or imprisonment for a term of twenty years,

or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Robbery or dacoity, with attempt to cause death or grievous hurt.

397. If, at the time of committing robbery or dacoity, the offender* * * * causes grievous hurt to any person, or

attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be

punished shall not be less than seven years.

398. * * * *

Making preparation to commit dacoity.

399. Whoever makes any preparation for committing dacoity shall be punished with rigorous imprisonment for a

term which may extend to ten years, and shall also be liable to fine.

Punishment for belonging to gang of dacoits.

400. Whoever shall belong to a gang of persons associated for the purpose of habitually committing dacoity shall

be punished with imprisonment for a term of twenty years, or with rigorous imprisonment for a term which

may extend to ten years, and shall also be liable to fine.

Punishment for belonging to gang of thieves.

401. Whoever shall belong to any wandering or other gang of persons associated for the purpose of habitually

committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous

imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Assembling for purpose of committing dacoity.

402. Whoever shall be one of five or more persons assembled for the purpose of committing dacoity shall be

punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to

fine.

Of Criminal Misappropriation of Property

Dishonest misappropriation of property.

403. Whoever dishonestly misappropriates or converts to his own use any moveable property shall be punished

with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

1llustrations

(a) A takes property belonging to Z out of Z's possession in good faith, believing, at the time when he takes it,

that the property belongs to himself. A is not guilty of theft; but it A, after discovering his mistake,

dishonestly appropriates the property to his own use, he is guilty of an offence under this section.

(b) A, being on friendly terms with Z, goes into Z's library in Z's absence, and takes away a book without Z's

express consent. Here, if A was under the impression that he had Z's implied consent to take the book for

the purpose of reading it. A has not committed theft. But, if A afterwards sells the book for his own benefit,

he is guilty of an offence under this section.

A has a right to use the horse, he does not dishonestly misappropriate it. But, if A sells the horse and

appropriate the whole proceeds to his own use, he is guilty of an offence under this section.

Explanation 1. - A dishonest misappropriation for a time only is a misappropriation within the meaning of

this section.

Illustration

A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note

belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to restore it to Z.

A has committed an offence under this section.

Explanation 2. - A person who finds property not in the possession of any other person, and takes such

property for the purpose or protecting it for, or of restoring it to, the owner, does not take or

misappropriate it dishonestly, and is not guilty of an offence: but he is guilty of the offence above

defined if he appropriates it to his own use when he knows or has the means of discovering the owner,

or before he has used reasonably means to discover and give notice to the owner and has kept the

property a reasonable time to enable the owner to claim it.

What are reasonable means of what is a reasonable time in such a case is a question of fact.

It is not necessary that the finder should know who is the owner of the property or that any particular person

is the owner of it: it is sufficient if, at the time of appropriating it, he does not believe it to be his own

property, or in good faith believes that the real owner cannot be found .

1llustrations

(a) A finds a rupee on the high-road, not knowing to whom the rupee belongs. A picks up the rupee. Here A

has not committed the offence defined in this section.

(b) A finds a letter on the road, containing a bank note. From the direction and contents of the letter he learns

to whom the note belongs. He appropriates the note. He is guilty of an offence under this section.

But the name of the person who has drawn the cheque appears. A knows that this person can direct him

to the person in whose favour the cheque was drawn. A appropriates the cheque without attempting to

discover the owner. He is guilty of an offence under this section.

(d) A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it to Z, but

afterwards appropriates it to his own use. A has committed an offence under this section.

(e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z,

and appropriates it to his own use. A is guilty of an offence under this section.

(f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to

discover the owner. A is guilty of an offence under this section.

Dishonest misappropriation of property possessed by deceased person at the time of his death.

404. Whoever dishonestly misappropriates or converts to his own use property, knowing that such property was

in the possession of a deceased person at the time of that person's decease, and has not since been in the

possession of any person legally entitled to such possession, shall be punished with imprisonment of either

description for a term which may extend to three years, and shall also be liable to fine; and if the offender at

the time of such person's decease was employed by him as a clerk or servant, the imprisonment may extend

to seven years.

Illustration

Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any

person entitled to such possession, dishonestly misapproperitates it. A has committed the offence defined

in this section.

Of Criminal Breach of Trust

Criminal breach of trust.

405. Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly

misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in

violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal

contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any

other person so to do, commits "criminal breach of trust."

Illustrations

(a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to

divide the effects according to the will, and appropriates them to his own use. A has committed criminal

breach of trust.

(b) A is a warehouse-keeper. Z, going on a journery, entrusts his furniture to A, under a contract that it shall

be returned on payment of a stipulated sum for warehouse-room. A dishonestly sells the goods. A has

committed criminal breach of trust.

between A and Z that all sums remitted by Z to A shall be invested by A according to Z's direction. Z remits

a lakh of rupees to A, with directions to A to invest the same in Government paper. A dishonestly disobeys

the directions and employs the money in his own business. A has committed criminal breach of trust.

(d) But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more for Z's

advantage to hold shares in a joint stock bank, disobeys l's directions, and buys shares in a joint stock

bank for Z, instead of buying Government paper, here, though Z should suffer loss, and should be entitled

to bring a civil action against A on account of that loss, yet A, not having acted dishonestly, has not

committed criminal breach of trust.

(e) A, a revenue-officer, is entrusted with public money and is either directed by law, or bound by a contract,

express or implied, with the Government, to pay into a certain treasury all the public money which he

holds. A dishonestly appropriate the money. A has committed criminal breach of trust.

(f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly

misappropriates the property. A has committed criminal breach of trust.

Punishment for criminal breach of trust.

406. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a

term which may extend to three years, or with fine, or with both.

Criminal breach of trust by carrier, etc.

407. Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits criminal

breach of trust in respect of such property shall be punished with imprisonment of either description for a

term which may extend to seven years, and shall also be liable to fine.

Criminal breach of trust by clerk or servant.

408. Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in

such capacity with property, or with any dominion over property, commits criminal breach of trust in respect

of that property shall be punished with imprisonment of either description for a term which may extend to

seven years, and shall also be liable to fine.

Criminal breach of trust by public servant, or by banker, merchant or agent.

409. Whoever, being in any manner entrusted with property, or with any dominion over property, in his capacity

of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent,

commits criminal breach of trust in respect of that property shall be punished with imprisonment for a term of

twenty years, or with imprisonment of either description for a term which may extend to ten years, and shall

also be liable to fine.

Of the Receiving of Stolen Property

Stolen property.

410. Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property

which has been criminally misappropriated or in respect of which criminal breach of trust has been

committed, is designated as "stolen property," whether the transfer has been made, or the misappropriation

or breach or trust has been committed, within or without the Union of Burma, But, if such property

subsequently comes into the possession of a person legally entitled to be possession thereof, it then ceases to

be stolen property.

Dishonestly receiving stolen property.

411. Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same

to be stolen property, shall be punished with imprisonment of either description for a term which may extend

to three years or, with fine, or with both.

Dishonestly receiving property stolen in the commission of a dacoity.

412. Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason

to believe to have been transferred by the commission of dacoity, or dishonestly receives from a person,

whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which

he knows or has reason to believe to have been stolen, shall be punished with imprisonment for a term of

twenty years, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable

to fine.

Habitually dealing in stolen property.

413. Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen

property shall be punished with imprisonment for a term of twenty years, or with imprisonment of either

description for a term which may extend to ten years, and shall also be liable to fine.

Assisting in concealment of stolen property.

414. Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or

has reason to believe to be stolen property shall be punished with imprisonment of either description for a

term which may extend to three years, or with fine, or with both.

Of Cheating

Cheating.

415. Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any

property to any person, or to consent that any person shall retain any property, or intentionally induces the

person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived,

and which act or omission causes or is likely to cause damage or harm to that person in body, mind,

reputation or property, is said to "cheat."

Explanation. - A dishonest concealment of facts is a deception within the meaning of this section.

Illustrations

(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z

to let him have on credit goods for which he does not mean to pay A cheats.

(b) A, by putting a counterfeit mark on a article, intentionally deceives Z into a belief that this article was

made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article.

A cheats.

corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A cheats.

(d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A

expects that the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly induces Z to

deliver the article, intending not to pay for it. A cheats.

(e) A, by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z, and

thereby dishonestly induces Z to lend money. A cheats.

(f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him and

thereby dishonestly induces Z to lead him money, A not intending to repay it. A cheats.

(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which

he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such

delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver he indigo plant, and

afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action

for breach of contract.

(h) A intentionally deceives Z into a belief that A has performed A's part of a contract made with Z which he

has not performed, and thereby dishonestly induces Z to pay money. A cheats.

(i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the

property, sells or mortgages the same to Z without disclosing the fact of the previous sale and conveyance

to B, and receives the purchase or mortgage money from Z.

Cheating by personation.

416. A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by

knowingly substituting one person for another, or representing that he or any other person is a person other

than he or such other person really is.

Explanation. - The offence is committed whether the individual personated is a real or imaginary person.

1llustrations

(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.

(b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.

Punishment for cheating.

417. Whoever cheats shall be punished with imprisonment of either description for a term which may extend to

three years, or with fine, or with both.

Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect.

418. Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose

interest in the transaction to which the cheating relates he was bound either by law or by legal contract to

protect, shall be punished with imprisonment of either description for a term which may extend to three

years, or with fine, or with both.

Punishment for cheating by personation.

419. Whoever cheats by personation shall be punished with imprisonment of either description for a term which

may extend to three years, or with fine, or with both.

Cheating and dishonestly inducing delivery of property.

420. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person,

or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed

and which is capable of being converted into a valuable security, shall be punished with imprisonment of

either description for a tern which may extend to seven years, and shall also be liable to fine.

Of Fraudulent Deeds and Dispositions of Property

Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors.

421. Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfers or causes to

be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or

knowing it to be likely that he will thereby preventy, the distribution of that property according to law among

his creditors or the creditors of any, other person, shall be punished with imprisonment of either description

for a term which may extend to two years, or with fine, or with both.

Dishonestly or fraudulently preventing debt being available for creditors.

422. Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person

from being made available according to law for payment of his debts or the debts of such other person shall

be punished with imprisonment of either description for a term which may extend to two years, or with fine,

or with both.

Dishonest or fraudulent execution of deed of transfer containing false statement of consideration.

423. Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which

purports to transfer or subject to any charge any property, or any interest therein, and which contains any

false statement relating to the consideration for such transfer or charge, or relating to the person or persons

for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either

description for a term which may extend to two years, or with fine, or with both.

Dishonest or fraudulent removal or concealment of property.

424. Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or

dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand

or claim to which he is entitled, shall be punished with imprisonment of either description for a term which

may extend to two years, or with fine, or with both.

Of Mischief

Mischief.

425. Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public

or to any person, causes the destruction of any property, or any such change in any property or in the

situation there of as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief."

Explanation 1. - It is not essential to the offence of mischief that the offender should intend to cause loss or

damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows

that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it

belongs to that person or not.

Explanation 2. - Mischief may be committed by an act affecting property belonging to the person who

commits the act, or to that person and others jointly.

1llustrations

(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has

committed mischief.

(b) A introduces water in to an ice-house belonging to Z, and thus causes the ice to melt intending wrongful

loss to Z. A has committed mischief.

to z. A has committed mischief. (d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z,

destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt,

and of thus causing damage to Z. A has committed mischief.

(e) A, having insured a ship, voluntarily causes the same to be cast away, with the intention of causing

damage to the underwriters. A has committed mischief.

(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry

on the ship. A has committed mischief.

(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z.

A has committed mischief.

(h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to

cause damage to l 's crop. A has committed mischief.

Punishment for mischief.

426. Whoever commits mischief shall be punished with imprisonment of either description for a term which may

extend to three months, or with fine, or with both.

Mischief causing damage to the amount of fifty rupees.

427. Whoever commits mischief, and thereby causes loss or damage to the amount of five thousand kyats or

upwards, shall be punished with imprisonment of either description for a term which may extend to two

years, or with fine, or with both.

Mischief by killing or maiming animal of the value of ten rupees.

428. Whoever commits mischief by kill ing, poisoning, maiming or rendering useless any animal or animals of the

value of one thousand kyats or upwards shall be punished with imprisonment of either description for a term

which may extend to two years, or with fine, or with both.

Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees.

429. Whoever commits mischief by killing, poisoning, maiming or rendering useless any elephant, camel, horse,

mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of five

thousand kyats or upwards, shall be punished with imprisonment of either description for a term which may

extend to five years, or with fine, or with both.

Mischief by injury to works of irrigation or by wrongfully diverting water.

430. Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, a

diminution of the supply of water for agricultural purposes, or for food or drink for human beings or for

animals which are property, or for cleanliness or for carrying on any manufacture, shall be punished with

imprisonment of either description for a term which may extend to five years, or with fine, or with both.

Mischief by injury to public road, bridge, river or channel.

431. Whoever commits mischief by doing any act which renders, or which he knows to be likely to render, any

public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for

travelling or conveying property shall be punished with imprisonment of either description for a term which

may extend to five years, or with fine, or with both.

Mischief by causing inundation or obstruction to public drainage attended with damage.

432. Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, an

inundation or an obstruction to any public drainage, attended with injury or damage, shall be punished with

imprisonment of either description for a term which may extend to five years, or with fine, or with both.

Mischief by destroying, moving or rendering less useful a light-house or sea-mark.

433. Whoever commits mischief by destroying or moving any light-house or other light used as a sea-mark, or

any sea-mark or buoy or other thing placed as a guide for navigators, or by any act which renders any such

light-house, sea-mark, buoy or other such thing as aforesaid less useful as a guide for navigators, shall be

punished with imprisonment of either description for a term which may extend to seven years, or with fine, or

with both.

Mischief by destroying or moving, etc., a land-mark fixed by public authority.

434. Whoever commits mischief by destroying or moving any land-mark fixed by the authority of a public

servant, or by any act which renders such land-mark less useful as such, shall be punished with imprisonment

of either description for a term which may extend to one year, or with fine, or with both.

Mischief by fire or explosive substance with intent of cause damage to amount of one hundred or (in case of agricultural

produce) ten rupees.

435. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely

that he will thereby cause, damage to any property to the amount of ten thousand kyats or upwards, or

(where the property is agricultural produce) one thousand kyats or upwards, shall be punished with

imprisonment of either description for a term which may extend to seven years, and shall also be liable to

fine.

Mischief by fire or explosive substance with intent to destroy house, etc.,

436. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely

that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as

a human dwelling or as a place for the custody of property, shall be punished with imprisonment for a term of

twenty years, or with imprisonment of either description for a term which may extend to ten years, and shall

also be liable to fine.

Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden.

437. Whoever commits mischief to any decked vessel or any vessel of a burden of twenty tons or upwards,

intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe,

that vessel, shall be punished with imprisonment of either description for a term which may extend to ten

years, and shall also be liable to fine.

Punishment for the mischief described in section 437 committed by fine or explosive substance.

438. Whoever commits, or attempts to commit, by fire or any explosive substance such mischief as is described

in the last preceding section shall be punished with imprisonment for a term of twenty years, or with

imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.

439. Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property

contained therein or to dishonestly misappropriate any such property, or with intent that such theft or

misappropriation of property may be committed, shall be punished with imprisonment of either description

for a term which may extend to ten years, and shall also be liable to fine.

Mischief committed after preparation made for causing death or hurt.

440. Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful

restraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with imprisonment of either

description for a term which may extend to five years, and shall also be liable to fine.

Of Criminal Trespass

Criminal trespass.

441. Whoever enters into or upon property in the possession of another with intent to commit an offence or to

intimidate, insult or annoy any person in possession of such property,

or, having lawfully entered into or upon such property, unlawfully remains there with intent thereby to

intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit

"criminal trespass."

House-trespass.

442. Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a

human dwelling, or any building used as a place for worship or as a place for the custody of property, is said

to commit "house-trespass."

Explanation. - The introduction of any part of the criminal trespasser's body is entering sufficient to constitute

house-trespass.

Lurking house-trespass.

443. Whoever commits house-trespass, having taken precautions to conceal such house-trespass from some

person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject

of the trespass, is said to commit "lurking house-trespass."

Lurking house-trespass by night.

444. Whoever commits lurking house-trespass after sunset and before sunrise is said to commit "lurking house

trespass by night."

House-breaking.

445. A person is said to commit "house-breaking" who commits house-trespass if he effects his entrance into the

house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it

for the purpose of committing an offence or, having committed an offence therein, he quits the house or any

part of it in any of such six ways, that is to say:-

First. - If he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in

order to the committing of the house-trespass.

Secondly. - If he enters or quits through any passage not intended by any person, other than himself or an

abettor of the offence, for human entrance; or through any passage to which he has obtained access by

scaling or climbing over any wall or building.

Thirdly. - If he enters or quits through any passage which he or any abettor of the house-trespass has opened

in order to the committing of the house-trespass by any means by which that passage was not intended by

the occupier of the house to be opened.

Fourthly. - If he enters or quits by opening any lock in order to the committing of the house-trespass, or in

order to the quitting of the house after a house-trespass.

Fifthly. - If he effects his entrance or departure by using criminal force or committing an assault, or by

threatening any person with assault.

Sixthly. - If he enters or quits by any passage which he knows to have been fastened against such entrance or

departure, and to have been unfastened by himself or by an abettor of the house-trespass.

Explanation. - Any out-house or building occupied with a house, and between which and such house there is

an immediate internal communication, is part of the house within the meaning of this section.

Illustrations

(a) A commits house-trespass by making a hole through the wall of Z's house, and putting his hand through

the aperture. This is house-breaking.

(b) A commits house-trespass by creeping into a ship at a port-hole between decks. This is house-breaking.

(d) A commits house-trespass by entering Z's house through the door, having opened a door which was

fastened. This is house-breaking.

(e) A commits house-trespass by entering Z's house through the door, having lifted a latch by putting a wire

through a hole in the door. This is house-breaking.

(f) A finds the key of Z's house door, which Z had lost, and commits house-trespass by entering Z's house,

having opened the door with that key. This is house-breaking.

(g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits house-trespass by

entering the house. This is house-breaking.

(h) Z, the door-keeper of Y, is standing in Y's doorway. A commits house-trespass by entering the house,

having deterred Z from opposing him by threatening to beat him. This is house-breaking.

Hose breaking by night.

446. Whoever commits house-breaking after sunset and before sunrise is said to commit "house-breaking by

night."

Punishment for criminal trespass.

447. Whoever commits criminal trespass shall be punished with imprisonment of either description for a term

which may extend to three months, or with fine which may extend to fifty thousand kyats, or with both.

Punishment for house-trespass.

448. Whoever commits house-trespass shall be punished with imprisonment of either description for a term

which may extend to one year, or with fine which may extend to one hundred thousand kyats, or with both.

House-trespass in order to commit offence punishable with death.

449. Whoever commits house-trespass in order to the committing of any offence punishable with death shall be

punished with imprisonment for a term of twenty years, or with rigorous imprisonment for a term not

exceeding ten years, and shall also be liable to fine.

House-trespass in order to commit offence punishable with transportation for life.

450. Whoever commits house-trespass in order to the committing of any offence punishable with imprisonment

for a term of twenty years shall be punished with imprisonment of either description for a term not exceeding

ten years, and shall also be liable to fine.

House-trespass in order to commit offence punishable with imprisonment.

451. Whoever commits house-trespass in order to the committing of any offence punishable with imprisonment

shall be punished with imprisonment of either description for a term which may extend to two years, and shall

also be liable to fine; and if the offence intended to be committed is theft the term of the imprisonment may

be extended to seven years.

House-trespass after preparation for hurt, assault or wrongful restraint.

452. Whoever commits house-trespass, having made preparation for causing hurt to any person, or for assaulting

any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or

of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend

to seven years, and shall also be liable to fine.

Punishment for lurking house-trespass or house-breaking.

453. Whoever commits lurking house-trespass or house-breaking shall be punished with imprisonment of either

description for a term which may extend to two years, and shall also be liable to fine.

Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment.

454. Whoever commits lurking house-trespass or house-breaking in order to the committing of any offence

punishable with imprisonment shall be punished with imprisonment of either description for a term which

may extend to three years, and shall also be liable to fine; and if the offence intended to be committed is theft

the term of the imprisonment may be extended to ten years.

Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint.

455. Whoever commits lurking house-trespass or house-breaking having made preparation for causing hurt to

any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in

fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment of either description for

a term which may extend to ten years, and shall also be liable to fine.

Punishment for lurking house-trespass or house-breaking by night.

456. Whoever commits lurking house-trespass by night or house-breaking by night shall be punished with

imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment.

457. Whoever commits lurking house-trespass by night or house-breaking by night in order to the committing of

any offence punishable with imprisonment shall be punished with imprisonment of either description for a

term which may extend to five years, and shall also be liable to fine; and if the offence intended to be

committed is theft the term of the imprisonment may be extended to fourteen years.

Lurking house-trespass or house-breaking by night after preparation for hurt, assault or wrongful restraint.

458. Whoever commits lurking house-trespass by night or house-breaking by night, having made preparation for

causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for

putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment

of either description for a term which may extend to fourteen years, and shall also be liable to fine.

Grievous hurt caused whilst committing lurking house-trespass or house-breaking.

459. Whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person or

attempts to cause death or grievous hurt to any person shall be punished with imprisonment for a term of

twenty years, or imprisonment of either description for a term which may extend to ten years, and shall also

be liable to fine.

All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt

caused by one of them.

460. If, at the time of the committing of lurking house-trespass by night or house- breaking by night, any person

guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every

person jointly concerned in committing such lurking house-trespass by night or house-break in by night shall

be punished with imprisonment for a term of twenty years, or with imprisonment of either description for a

term which may extend to ten years, and shall also be liable to fine.

Dishonestly breaking open receptacle containing property.

461. Whoever dishonestly, or with intent to commit mischief, breaks open or unfastens any closed receptacle,

which contains or which he believes to contain property, shall be punished with imprisonment of either

description for a term which may extend to two years, or with fine, or with both.

Punishment for same offence when committed by person entrusted with custody.

462. Whoever, being entrusted with any closed receptacle which contains, or which he believes to contain,

property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks

open or unfastens that receptacle shall be punished with imprisonment of either description for a term which

may extend to three years, or with fine, or with both.

CHAPTER XVIII

OF OFFENCES RELATING TO DOCUMENTS AND TO TRADE OR PROPERTY MARKS

Forgery.

463. Whoever makes any false document or part of a document, with intent to cause damage or injury to the

public or to any person, or to support any claim or title, or to cause any person to part with property, or to

enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed,

commits forgery.

Making a false document.

464. A person is said to make a false document -

First. - Who dishonestly or fraudulently makes, signs, seals or executes a document or part of a document, or

makes any mark denoting the execution of a document, with the intention of causing it to be believed that

such document or part of a document was made, signed, sealed or executed by or by the authority of a

person by whom or by whose authority he knows that it was not made, signed, sealed or executed, or at a

time at which he knows that it was not made, signed, sealed or executed; or

Secondly. - Who, without lawful authority, dishonestly or fraudulently, by cancellation or otherwise alters a

document in any material part thereof, after it has been made or executed either by himself or by any

other person, whether such person be living or dead at the time of such alteration; or

Thirdly. - Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document,

knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of

deception practised upon him he does not, know the contents of the document or the nature of the

alteration.

Illustrations

(a) A has a letter of credit upon B for rupees 10,000 written by Z. A, in order to defraud B, adds a cipher to the

10,000, and makes the sum 1,00,000 intending that it may be believed by B that Z so wrote the letter. A has

committed forgery.

(b) A, without Z's authority, affixes Z's seal to a document purporting to be a conveyance of an estate from Z

to A, with the intention of selling the estate to Band thereby of obtaining from B the purchase-money. A

has committed forgery.

in the cheque. A fraudulently fills up the cheque by inserting the sum of ten thousand rupees. A commits

forgery.

(d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable, and

authorizes B to fill up the cheque by inserting a sum not exceeding ten thousand rupees for the purpose of

making certain payments. B fraudulently fills up the cheque by inserting the sum of twenty thousand

rupees. B commits forgery.

(e) A draws a bill of exchange on himself in the name of B without B's authority, intending to discount it as a

genuine bill with a banker and intending to take up the bill on its maturity. Here, as A draws the bill with

intent to deceive the banker by leading him to suppose that he had the security of B, and thereby to

discount the bill, A is guilty of forgery.

(f) Z's will contains these words-" I direct that all my remaining property be equally divided between A, B and

C." A dishonestly scratches out B's name, intending that it may be believed that the whole was left to

himself and C. A has committed forgery.

(g) A endorses a Government promissory note and makes it payable to Z or his order by writing on the bill the

words 'Pay to Z or his order" and signing the endorsement. B dishonestly erases the words "Pay to Z or his

order", and thereby converts the special endorsement into a blank endorsement. B commits forgery.

(h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate, executes a conveyance

of the same estate to B, dated six months earlier than the date of the conveyance to Z, intending it to be

believed that he had conveyed the estate to B before he conveyed it to Z. A has committed forgery.

(i) Z dictates his will to A. A intentionally writes down a different legatee from the legatee named by Z, and, by

representing to Z that he has prepared the will according to his instructions, induces Z to sign the will. A

has committed forgery.

(j) A writes a letter and signs it with B's name without B's authority, certifying that A is a man of good

character and in distressed circumstances from unforeseen misfortune intending by means of such letter to

obtain aims from Z and other persons. Here, as A made a false document in order to induce Z to part with

property, A has committed forgery.

(k) A without B's authority writes a letter and signs it in B's name certifying to A's character intending thereby

to obtain employment under Z. A has committed forgery inasmuch as he intended to deceive Z by the

forged certificate, and thereby to induce Z to enter into an express or implied contract for service.

Explanation 1. - A man's signature of his own name may amount to forgery.

Illustrations

(a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by

another person of the same name. A has committed forgery.

(b) A writes the word "accepted" on a piece of paper and signs it with Z's name in order that B may after

wards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it had

been accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws the bill upon the paper

pursuant to A's intention, B is also guilty of forgery.

bill in his own name, intending to cause it to be believed that it was endorsed by the person to whose

order it was payable; here A has committed forgery.

(d) A purchases an estate sold under execution of a decree against B. B, after the seizure of the estate, in

collusion with Z, executes a lease of the estate to Z, at a nominal rent and for a long period, and dates the

lease six months prior to the seizure, with intent to defraud A, and to cause it to be believed that the lease

was granted before the seizure. B, though he executes the lease in his own name, commits forgery by

antedating it.

(e) A, a trader, in anticipation of insolvency, lodges effects with B for A's benefit and with intent to defraud his

creditors; and in order to give a colour to the transaction, writes a promissory note binding himself to pay

to B a sum for value received, and antedates the note, intending that it may be believed to have been

made before A was on the point of insolvency. A has committed forgery under the first head of the

definition.

Explanation 2. - The making of a false document in the name of a fictitious person, intending it to be

believed that the document was made by a real person, or in the name of a deceased person, intending

it to be believed that the document was made by the person in his lifetime, may amount to forgery.

Illustration

A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of such

fictitious person with intent to negotiate it. A commits forgery.

Punishment for forgery.

465. Whoever commits forgery shall be punished with imprisonment of either description for a term which may

extend to two years, or with fine, or with both.

Forgery of record of Court or of Public register, etc.

466. Whoever forges a document, purporting to be a record or proceeding of or in a Court of Justice, or a register

of birth, baptism, marriage or burial, or a register kept by a public servant as such, or a certificate or

document purporting to be made by a public servant in his official capacity, or an authority to institute or

defend a suit, or to take any proceedings therein, or to confess judgment, or a power-of-attorney, shall be

punished with imprisonment of either description for a term which may extend to seven years, and shall also

be liable to fine.

Forgery of valuable security, will, etc.

467. Whoever forges a document which purports to be a valuable security, or a will, or an authority to adopt a

son, or which purports to give authority to any person to make or transfer any valuable security, or to receive

the principal, interest or dividends thereon, or to receive or deliver any money, moveable property, or

valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of

money, or an acquittance or receipt for the delivery of any moveable property or valuable security, shall be

punished with imprisonment for a term of twenty years, or with imprisonment of either description for a term

which may extend to ten years, and shall also be liable to fine.

Forgery for purpose of cheating.

468. Whoever commits forgery, intending that the document forged shall be used for the purpose of cheating,

shall be punished with imprisonment of either description for a term which may extend to seven years, and

shall also be liable to fine.

Forgery for purpose of harming reputation.

469. Whoever commits forgery, intending that the document forged shall harm the reputation of any party, or

knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description

for a term which may extend to three years, and shall also be liable to fine.

Forged document.

470. A false document made wholly or in part by forgery is designated "a forged document."

Using as genuine a forged document.

471. Whoever fraudulently or dishonestly uses as genuine any document which he knows or has reason to

believe to be a forged document shall be punished in the same manner as if he had forged such document.

Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467.

472. Whoever makes or counterfeits any seals, plate or other instrument for making an impression, intending

that the same shall be used for the purpose of committing any forgery which would be punishable under

section 467, or with such intent has in his possession any such seal, plate or other instrument, knowing the

same to be counterfeit, shall be punishable with imprisonment for a term of twenty years, or with

imprisonment of either description for a term which may extend to seven years, and shall also be liable to

fine.

Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise.

473. Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that

the same shall be used for the purpose of committing any forgery which would be punishable under any

section of this chapter other than section 467, or with such intent has in his possession any such seal, plate or

other instrument, knowing the same to be counterfeit, shall be punished with imprisonment of either

description for a term which may extend to seven years, and shall also be liable to fine.

Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it as genume.

474. Whoever has in his possession any document, knowing the same to be forged, and intending that the same

shall fraudulently or dishonestly be used as genuine, shall, if the document is one of the description

mentioned in section 466, be punished with imprisonment of either description for a term which may extend

to seven years, and shall also be liable to fine; and if the document is one of the description mentioned in

section 467, shall be punished with imprisonment for a term of twenty years, or with imprisonment of either

description for a term which may extend to seven years, and shall also be liable to fine.

Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit marked

material.

475. Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of

authenticating any document described in section 467, intending that such device or mark shall be used for

the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged

on such material, or who with such intent has in his possession any material upon or in the substance of

which any such device or mark has been counterfeited, shall be punished with imprisonment for a term of

twenty years, or with imprisonment of either description for a term which may extend to seven years, and

shall also be liable to fine.

Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing

counterfeit marked material.

476. Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of

authenticating any document other than the documents described in section 467, intending that such device

or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged

or thereafter to be forged on such material, or who with such intent has in his possession any material upon

or in the substance of which any such device or mark has been counterfeited, shall be punished with

imprisonment of either description for a term which may extend to seven years, and shall also be liable to

fine.

Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.

477. Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any

person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or attempts to

secrete any document which is or purports to be a will, or an authority to adopt a son, or any valuable

security, or commits mischief in respect to such document, shall be punished with imprisonment for a term of

twenty years, or with imprisonment of either description for a term which may extend to seven years, and

shall also be liable to fine.

Falsification of accounts.

477A. Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or

servant, wilfully and with intent to defraud, destroys, alters, mutilates or falsifies any book, paper, writing,

valuable security or account which belongs to or is in the possession of his employer, or has been received by

him for or on behalf of his employer, or wilfully and with intent to defraud, makes or abets the making of any

false entry in, or omits or alters or abets the omission or alteration of any material particular from or in, any

such book, paper, writing, valuable security or account, shall be punished with imprisonment of either

description for a term which may extend to seven years, or with fine, or with both.

Explanation. - It shall be sufficient in any charge under this section to allege a general intent to defraud,

without naming any particular person intended to be defrauded or specifying any particular sum of money

intended to be the subject of the fraud, or any particular day on which the offence was committed.

Of Trade, Property and Other Marks

Trade mark.

478. A mark used for denoting that goods are the manufacture or merchandise of a particular person is called a

trade mark [ * * * *].

Property mark.

479. A mark used for denoting that moveable property belongs to a particular person is called a property mark.

Using a false trade mark.

480. Whoever marks any goods or any case, package or other receptacle containing goods, or uses any case,

package or other receptacle with any mark thereon, in a manner reasonably calculated to cause it to be

believed that the goods so marked, or any goods contained in any such receptacle so marked, are the

manufacture or merchandise of a person whose manufacture or merchandise they are not, is said to use a

false trade mark.

Using a false property mark.

481. Whoever marks any moveable property or goods or any case, package or other receptacle containing

moveable property or goods, or uses any case, package or other receptacle having any mark thereon, in a

manner reasonably calculated to cause it to be believed that the property or goods so marked, or any

property or goods contained in any such receptacle so marked, belong to a person to whom they do not

belong, is said to use a false property mark.

Punishment for using a false trade mark or property mark.

482. Whoever uses any false trade mark or any false property mark shall, unless he proves that he acted without

intent to defraud, be punished with imprisonment of either description for a term which may extend to one

year, or with fine, or with both.

Counterfeiting a trade mark or property mark used by another.

483. Whoever counterfeits any trade mark or property mark used by any other person shall be punished with

imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Counterfeiting a mark used by a public servant.

484. Whoever counterfeits any property mark used by a public servant, or any mark used by a public servant to

denote that any property has been manufactured by a particular person or at a particular time or place, or

that the property is of a particular quality or has passed through a particular office, or that it is entitled to any

exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be punished with

imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Making or possession of any instrument for counterfeiting a trade mark or property mark.

485. Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting

a trade mark or property mark, or has in his possession a trade mark or property mark for the purpose of

denoting that any goods are the manufacture or merchandise of a person whose manufacture or merchandise

they are not, or that they belong to a person to whom they do not belong, shall be punished with

imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Selling goods marked with a counterfeit trade mark or property mark.

486. Whoever sells, or exposes, or has in possession for sale or any purpose of trade or manufacture, any goods

or things with a counterfeit trade mark or property mark affixed to or impressed upon the same or to or upon

any case, package or other receptacle in which such goods are contained, shall, unless he proves -

(a) that, having taken all reasonable precautions against committing an offence against this section, he had at

the time of the commission of the alleged offence no reason to suspect the genuineness of the mark, and

(b) that, on demand made by or on behalf of the prosecutor he gave all the information in his power with

respect to the person from whom he obtained such goods or things, or

be punished with imprisonment of either description for a term which may extend to one year, or with fine, or

with both.

Making a false mark upon any receptacle containing goods.

487. Whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner

reasonably calculated to cause any public servant or any other person to believe that such receptacle

contains goods which it does not contain, or that it does not contain goods which it does contain, or that the

goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof,

shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either

description for a term which may extend to three years, or with fine, or with both.

Punishment for making use of any such false mark.

488. Whoever makes use of any such false mark in any manner prohibited by the last foregoing section shall,

unless he proves that he acted without intent to defraud, be punished as if he had committed an offence

against that section.

Tampering with property mark with intent to cause injury.

489. Whoever removes, destroys, defaces or adds to any property mark, intending or knowing it to be likely that

he may thereby cause injury to any person, shall be punished with imprisonment of either description for a

term which may extend to one year, or with fine, or with both.

Of Currency-Notes and Bank-Notes

Counterfeiting currency-notes or bank-notes.

489A. Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any currency-note or

bank-note shall be punished with imprisonment for a term of twenty years, or with imprisonment of either

description for a term which may extend to ten years, and shall also be liable to fine.

Explanation. - For the purposes of this section and of sections 489B, 489C and 489D, the expression "bank

note" means a promissory note or engagement for the payment of money to bearer on demand issued by

any person carrying on the business of banking in any part of the world, or issued by or under the

authority of any State or Sovereign Power, and intended to be used as equivalent to, or as a substitute for,

money.

Using as genuine forged or counterfeit currency-notes or bank-notes.

489B. Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any

forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged

or counterfeit, shall be punished with imprisonment for a term of twenty years, or with imprisonment of either

description for a term which may extend to ten years, and shall also be liable to fine.

Possession of foreged or counterfeit currency-notes or bank-notes.

489C. Whoever has in his possession any forged or counterfeit currency-note or bank-note, knowing or having

reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it

may be used as genuine, shall be punished with imprisonment of either description for a term which may

extend to seven years, or with fine, or with both.

Making or possessing instruments or materials for forging or counterfeiting currency-notes or bank-notes.

489D. Whoever makes, or performs any part of the process of making, or buys or sells or disposes of, or has in his

possession, any machinery, instrument or material for the purpose of being used, or knowing or having reason

to believe that it is intended to be used, for forging or counterfeiting any currency-note or bank-note, shall be

punished with imprisonment for a term of twenty years, or with imprisonment of either description for a term

which may extend to ten years, and shall also be liable to fine.

CHAPTER XIX

OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE

490. * * * *

Breach of contract to attend on and supply wants of helpless person.

491. Whoever, being bound by a lawful contract to attend on or to supply the wants of any person who, by

reason of youth, or of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of

providing for his own safety or supplying his own wants, voluntarily omits so to do, shall be punished with

imprisonment of either description for a term which may extend to three months, or with fine which may

extend to twenty thousand kyats, or with both.

492. * * * *

CHAPTER XX

OF OFFENCES RELATING TO MARRIAGE

Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.

493. Every man who by deceit causes any woman who is not lawfully married to him to believe that she is

lawfully married to him, and to cohabit or have sexual intercourse with him in that belief, shall be punished

with imprisonment of either description for a term which may extend to ten years, and shall also be liable to

fine.

Marrying again during lifetime of husband or wife.

494. Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its

taking place during the life of such husband or wife shall be punished with imprisonment of either description

for a term which may extend to seven years, and shall also be liable to fine.

Exception. - This section does not extend to any person whose marriage with such husband or wife has

been declared void by a Court of competent jurisdiction,

nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or

wife, at the time of subsequent marriage, shall have been continually absent from such person for the

space of seven years, and shall not have been heard of by such person as being alive within that time,

provided the person contracting such subsequent marriage shall, before such marriage takes place, inform

the person with whom such marriage is contracted of the real state of facts so far as the same are within

his or her knowledge.

Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.

495. Whoever commits the offence defined in the last preceding section, having concealed from the person with

whom the subsequent marriage is contracted the fact of the former marriage, shall be punished with

imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Marriage ceremony fraudulently gone through without lawful marriage.

496. Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing

that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term

which may extend to seven years, and shall also be liable to fine.

Adultery.

497. Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the

wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting

to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either

description for a term which may extend to five years, or with fine, or with both. In such case the wife shall

not be punishable as an abettor.

Enticing or taking away or detaining with criminal intent a married woman.

498. Whoever takes or entices away any woman, who is and whom he knows or has reason to believe to be the

wife of any other man, from that man, or from any person having the care of her on behalf of that man, with

intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such

woman, shall be punished with imprisonment of either description for a term which may extend to two years,

or with fine, or with both.

Defamation.

CHAPTER XXI

OF DEFAMATION

499. Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or

publishes any imputation concerning any person, intending to harm, or knowing or having reason to believe

that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter

excepted, to defame that person.

Explanation 1. - It may amount to defamation to impute anything to a deceased person, if the imputation

would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family

or other near relatives.

Explanation 2. - It may amount to defamation to make an imputation concerning a company or an

association or collection of persons as such.

Explanation 3.- An imputation in the form of an alternative or expressed ironically may amount to

defamation.

Explanation 4. - No imputation is said to harm a person's reputation unless that imputation directly or

indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers

the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or

causes it to be believed that the body of that person is in a loathsome state or in a state generally

considered as disgraceful.

1llustrations

(a) A says- "Z is an honest man; he never stole B's watch", intending to cause it to be believed that Z did steal

B's watch. This is defamation, unless it fall within one of the exceptions.

(b) A is asked who stole B's watch. A points to Z, intending to cause it to be believed that Z stole B's watch.

This defamation, unless it fall within one of the exceptions.

is defamation, unless it fall within one of the exceptions.

Imputation of truth which public good requires to be made or published.

First Exception. - It is not defamation to impute anything which is true concerning any person, if it be for the

public good that the imputation should be made or published. Whether or not it is for the public good is a

question of fact.

Public conduct of public servants.

Second Exception. - It is not defamation to express in good faith any opinion whatever respecting the

conduct of a public servant in the discharge of his public functions, or respecting his character, so far as

his character appears in that conduct and no further.

Conduct of any person touching any public question.

Third Exception. - It is not defamation to express in good faith any opinion whatever respecting the conduct

of any person touching any public question, and respecting his character, so far as his character appears in

that conduct and no further.

Illustration

It is not defamation in A to express in good faith any opinion whatever respecting l's conduct in petitioning

Government on a public question, in signing a requisition for a meeting on a public question, in presiding

or attending at such meeting, in forming or joining any society which invites the public support, in voting

or canvassing for a particular candidate for any situation in the efficient discharge of the duties of which

the public is interested.

Publication of reports of Proceedings of Courts.

Fourth Exception. - It is not defamation to publish a substantially true report of the proceedings of a Court of

Justice, or of the result of any such proceedings.

Explanation. - A Judge or other officer holding an enquiry in open Court preliminary to a trial in a Court of

Justice is a Court within the meaning of the above section.

Merits of case decided in Court or conduct of witnesses and others concerned.

Fifth Exception. - It is not defamation to express in good faith any opinion whatever respecting the merits of

any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any

person as party, witness or agent in any such case, or respecting the character of such person, as far as his

character appears in that conduct and no further.

1llustrations

(a) A says- "I think Z's evidence on that trial is so contradictory that he must be stupid or dishonest." A is

within this exception if he says this in good faith, inasmuch as the opinion which he expresses respects Z's

character as it appears in Z's conduct as a witness, and no further.

(b) But if A says- "I do not believe what Z asserted at that trial because I know him to be a man without

veracity." A is not within this exception, inasmuch as the opinion which he expresses of Z's character is an

opinion not founded on Z's conduct as a witness.

Merits of public performance.

Sixth Exception. - It is not defamation to express in good faith any opinion respecting the merits of any

performance which its author has submitted to the judgment of the public, or respecting the character of

the author so far as his character appears in such performance and no further.

Explanation. - A performance may be submitted to the judgment of the public expressly or by acts on the part

of the author which imply such submission to the judgment of the public.

1llustrations

(a) A person who publishes a book submits that book to the judgment of the public.

(b) A person who makes a speech in public submits that speech to the judgment of the public.

public.

(d) A says of a book published by Z-"Z's book is foolish; Z must be a weak man. Z's book is indecent; Z must

be a man of impure mind." A is within this exception if he says this in good faith, inasmuch as the opinion

which he expresses of Z respects Z's character only so far as it appears in Z's book, and no further.

(e) But if A says - "I am not surprised that Z's book is foolish and indecent, for he is a weak man and a

libertine." A is not within this exception, inasmuch as the opinion which he expresses of Z's character is an

opinion not founded on Z's book.

Censure passed in good faith by person having lawful authority over another.

Seventh Exception. - It is not defamation in a person having over another any authority, either conferred by

law or arising out of a lawful contract made with that other, to pass in good faith any censure on the

conduct of that other in matters to which such lawful authority relates.

Illustration

A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a department

censuring in good faith those who are under his orders; a parent censuring in good faith a child in the

presence of other children; a schoolmaster, whose authority is derived from a parent, censuring in good

faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in

service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such

cashier- are within this exception.

Accusation preferred in good faith to authorized person.

Eighth Exception. - It is not defamation to prefer in good faith an accusation against any person to any of

those who have lawful authority over that person with respect to the subject-matter of accusation.

Illustration

If A in good faith accuses Z before a Judge; if A in good faith complains of the conduct of Z, a servant, to Z's

master; if A in good faith complains of the conduct of Z, a child to Z's father- A is within this exception.

Imputation made in good faith by person for protection of his or other's interests.

Ninth Exception. - It is not defamation to make an imputation on the character of another, provided that the

imputation be made in good faith for the protection of the interest of the person making it, or of any other

person, or for the public good.

1llustrations

(a) A, a shopkeeper, says to B, who manages his business-" Sell nothing to Z unless he pays you ready

money, for I have no opinion of his honesty." A is within the exception, if he has made this imputation on Z

in good faith for the protection of his own interests.

(b) A, a Judge, in making a report to his own superior officer, casts an imputation on the character of Z. Here,

if the imputation is made in good faith, and for the public good, A is within the exception.

Caution intended for good of person to whom conveyed or for public good.

Tenth Exception. - It is not defamation to convey a caution in good faith to one person against another,

provided that such caution be intended for the good of the person to whom it is conveyed, or of some

person in whom that person is interested, or for the public good.

Punishment for defarmation.

500. Whoever defames another shall be punished with simple imprisonment for a term which may extend to two

years, or with fine, or with both.

Printing or engraving matter known to be defamatory.

501. Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is

defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two

years, or with fine, or with both.

Sale of printed or engraved substance containing defamatory matter.

502. Whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing

that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two

years, or with fine, or with both.

CHAPTER XXII

OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

Criminal intimidation.

503. Whoever threatens another with any injury to his person, reputation or property, or to the person or

reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to

cause that person to do any act which he is not legally bound to do, or to omit to do any act which that

person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal

intimidation.

Explanation. - A threat to injure the reputation of any deceased person in whom the person threatened is

interested is within this section.

Illustration

A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B's house. A is guilty

of criminal intimidation.

Intentional insult with intent to provoke breach of the peace.

504. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be

likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be

punished with imprisonment of either description for a term which may extend to two years, or with fine, or

with both.

Statements conducing to public mischief.

505. Whoever makes, publishes or circulates any statement, rumour or report,-

(a) with intent to cause, or which is likely to cause, a member of the Defence Services[***] to mutiny or

otherwise disregard or fail in his duty as such; or

(b) with intent to cause, or which is likely to cause, fear or alarm to the public or to any section of the public

whereby any person may be induced to commit an offence against the State or against the public

tranquillity; or

against any other class or community,

shall be punished with imprisonment which may extend to two years, or with fine, or with both.

Exception. - It does not amount to an offence, within the meaning of his section, when the person making,

publishing or circulating any such statement, rumour or report has reasonable grounds for believing

that such statement, rumour or report is true and makes, publishes or circulates it without any such

intent as aforesaid.

Punishment for criminal intimidation.

506. Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either

description for a term which may extend to two years, or with fine, or with both;

If threat be to cause death or grievous hurt, etc.

and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to

cause an offence punishable with death or with imprisonment for a term which may extend to seven years,

or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term

which may extend to seven years, or with fine, or with both.

Criminal intimidation by an anonymous communication.

507. Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken

precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with

imprisonment of either description for a term which may extend to two years, in addition to the punishment

provided for the offence by the last preceding section.

Act caused by inducing person to believe that he will be rendered an object of Divine displeasure.

508. Whoever voluntarily causes or attempts to cause any person to do anything which that person is not legally

bound to do, or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce

that person to believe that he or any person in whom he is interested will become or will be rendered by

some act of the offender an object of Divine displeasure if he does not do the thing which it is the object of

the offender to cause him to do, or if he does the thing which it is the object of the offender to cause him to

omit, shall be punished with imprisonment of either description for a term which may extend to one year, or

with fine, or with both.

1llustrations

(a) A sits dhurna at Z's door with the intention of causing it to be believed that, by so sitting, he renders Zan

object of Divine displeasure. A has committed the offence defined in this section.

(b) A threatens Z that, unless Z performs a certain act, A will kill one of A's own children, under such

circumstances that the killing would be believed to render Z an object of Divine displeasure. A has

committed the offence defined in this section.

Word, gesture or act intended to insult the modesty of a woman.

509. Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or

exhibits any object, intending that such word or sound shall be heards, or that such gesture or object shall be

seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple

imprisonment for a term which may extend to one year, or with fine, or with both.

Misconduct in public by a drunken person.

510. Whoever in a state of intoxication appears in any public place, or in any place which it is a trespass in him

to enter, and there conducts himself in such manner as to cause annoyance to any person, shall be punished

with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend

to one thousand kyats, or with both.

CHAPTER XXIII

OF ATTEMPTS TO COMMIT OFFENCES

Punishment for attempting to commit offences punishable with imprisonment.

511. Whoever attempts to commit an offence punishable by this Code with imprisonment, or to cause such an

offence to be committed, and in such attempt does any act towards the commission of the offence, shall,

where no express provision is made by this Code for the punishment of such attempt, be punished with

imprisonment of any description provided for the offence for a term of imprisonment 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.

Illustrations

(a) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box that

there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under

this section.

(b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z's pocket. A fails in the attempt in

consequence of Z's having nothing in his pocket. A is guilty under this section.

Footnote

[089.8:- The Burma Code Volume (VIII) 'y ~:Ojlcn8@:x>211]

Código Penal (India Act XLV, 1860) (modificado por la Ley N° 10/2019 de 25 de marzo de 2019), Myanmar

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