| The Penal Code, 1860 | |
|---|---|
| Citation | Act No. XLV of 1860 |
| Territorial extent |  Bangladesh |
| Committee report | First Law Commission |
| Status: Amended | |
ThePenal Code of Bangladesh, formally titled thePenal Code, 1860, is the general criminal law of the country. It is based on theIndian Penal Code, which was enacted in 1860 by theGovernor General-in-Council. The Code bears strong similarities to the penal laws of countries that were formerly part of theBritish Empire in South and Southeast Asia, includingSingapore, India,Pakistan, Sri Lanka andMalaysia.
TheParliament of Bangladesh has amended the Penal Code on several occasions, the most recent amendment occurring in 2004.
The Code is a legacy of theVictorian era. While its objective is to provide a general penal framework for Bangladesh,[1] the Parliament has also enacted various penal statutes to address specific areas of criminal law.
The Code was drafted based on the recommendations of theFirst Law Commission of British India and was presented to theGovernor of Bengal in 1837. Although primarily based on Victorian English law, it also incorporated elements from theNapoleonic Code and theLouisiana Civil Code of 1825. The Code was adopted on 6 October 1860.[2] After thePartition of British India, whenEast Bengal became part of Pakistan, it came to be known as the Pakistan Penal Code. Following Bangladesh's independence in 1971, the Code was re-enacted as the Penal Code, 1860.
The following includes the chapters of the Code:
Sedition and seditious libel have been criticized as an outdated law. While the United Kingdom has phased out penalties for seditious libel, its retention in the Bangladeshi Penal Code has been used by the government to target leading journalists and politicians.[3]
Section 309 criminalizes suicide, which hinders prevention, seeking support and counsel, as well as proper reporting.
Section 377 criminalizes homosexuality, which has been criticized by theLGBT rights movement.[4]
Capital punishment remains legal in Bangladesh, although other common law countries like the United Kingdom andCanada have abolished the death penalty.[5]
This article incorporates text from this source, which is in thepublic domain.