Law of Crimes-I (Fall 2023)

ASSESSMENT PLAN

E-Books for referencing, citing and studying in Summer 2020

This books will help you in addition to my lecture slides, videos, and  other supporting materials

https://drive.google.com/file/d/1kv44dGnxAYQiNs2Y1tJFpFfJBQmB2yj5/view?usp=sharing

Objectives and learning insights of the Law of Crimes I

We will discuss certain terms of crime and its elements

The key contents of the Law of Crimes II, will cover the  with mentioning and highlighting discussion on some important topics:  
 Introduction to Law of Crime: 
Crime and Civil Injuries, 
Constituents of Crime, 
Actus Reus, Mens rea, 
Concurrence between Actus Reus and Mens rea,; 
 General Principles of criminal liability: 
Principle of Legality, 
Corporate liability, 
Vicarious liability especially referring to Sec. 34, 114, 149 of Penal Code, Strict liability; 
 General exceptions: 
Judicial Acts, Mistake of Fact, 
Defense of Accident, 
Defense of Necessity, 
Defense of Minority, 
Defense of Insanity, 
Defense of Intoxication, 
Consent;
Punishment: 
Its Objects and Limits. 
Some Crimes and False Evidence: 
Abetment, 
Criminal Conspiracy, 
Giving False Evidence, 
Fabricating False Evidence,  
 The most important offenses Against the State and other Public Interests: 
Offences against State, 
Unlawful Assembly and Offences Relating to it, Rioting, Affray; 
And few additional topics which we will add according to the needs of discussions, sharing and caring
Pre-Modern Criminal Justice System in Bangladesh
 1. Criminal Justice in the Sultanate period
2. Criminal Justice in the Moghul era
3. Criminal Justice during the company rule in the nineteenth century
 
Evolution of Modern Criminal Justice System in Bangladesh
 1. The nature of colonial criminal justice in Bengal
2. The Penal Court of 1860
3. The English Common Law Tradition
4. Criminal justice during the Pakistan period (1947-1970)

Constituents of Crime, Actus Reus, ens rea, the on-Law principle of actus non facit reum, nisi mens sit rea and exceptions to this principle - Strict Liability Offences, concurrence between Actus Reus and Mens rea

https://drive.google.com/file/d/1kv44dGnxAYQiNs2Y1tJFpFfJBQmB2yj5/view?usp=sharing

Pre-Modern Criminal Justice System in Bangladesh
 1. Criminal Justice in the Sultanate period
2. Criminal Justice in the Moghul era
3. Criminal Justice during the company rule in the nineteenth century
Evolution of Modern Criminal Justice System in Bangladesh
 1. The nature of colonial criminal justice in Bengal
2. The Penal Code of 1860
3. The English Common Law Tradition
4. Criminal justice during the Pakistan period (1947-1970)
Nature of modern Criminal Justice Institution in Bangladesh
1. Bangladesh police and law enforcement
2. Bangladesh court and the judicial system
3. Prison and corrections in Bangladesh
Four Core  Components of Justice System: Police, Prosecutor, Prison, & Court 

Recommended Readings:
Kabir, D. L. (2009). Lectures on the Penal Code with Leading Cases. Dhaka: AIN Prokashani
Dhaka Law Reports. (2003). The Penal Code, 1860. Dhaka:
Government of Bangladesh. (2002). The Evidence Act of 1872 as modified up to 2007. Dhaka:
Haque, E. (2005). Administration of Justice in Bangladesh. Dhaka: Asiatic Society
Government of Bangladesh. (2008). Constitution of the People’s Republic of Bangladesh. Dhaka
Rahman, G. (2008). Police Regulation of Bengal (Vol 1-2). Dhaka: Kamrul Book House

Pre-Modern Criminal Justice System in Bangladesh
 1. Criminal Justice in the Sultanate period
2. Criminal Justice in the Moghul era
3. Criminal Justice during the company rule in the nineteenth century
Evolution of Modern Criminal Justice System in Bangladesh
 1. The nature of colonial criminal justice in Bengal
2. The Penal Code of 1860
3. The English Common Law Tradition
4. Criminal justice during the Pakistan period (1947-1970)
Nature of modern Criminal Justice Institution in Bangladesh
1. Bangladesh police and law enforcement
2. Bangladesh court and the judicial system
3. Prison and corrections in Bangladesh
Four Core  Components of Justice System: Police, Prosecutor, Prison, & Court 

Recommended Readings:
Kabir, D. L. (2009). Lectures on the Penal Code with Leading Cases. Dhaka: AIN Prokashani
Dhaka Law Reports. (2003). The Penal Code, 1860. Dhaka:
Government of Bangladesh. (2002). The Evidence Act of 1872 as modified up to 2007. Dhaka:
Haque, E. (2005). Administration of Justice in Bangladesh. Dhaka: Asiatic Society
Government of Bangladesh. (2008). Constitution of the People’s Republic of Bangladesh. Dhaka
Rahman, G. (2008). Police Regulation of Bengal (Vol 1-2). Dhaka: Kamrul Book House

https://drive.google.com/file/d/1kv44dGnxAYQiNs2Y1tJFpFfJBQmB2yj5/view?usp=sharing

Dear learners,

There is your first online evaluation portion  find and do the best from your side 

My dear learners, 
Assalamualikuma and greeting on the day!

Today we have started a discussion on Justification on punishment and its types under the Penal Code 1860. You just need to watch our class recorded videos and followed by that try to write up in here on Capital punishment and rationale and objectives of punishment. You may write on the note page and share it with me here as an attachment.  Please find relevant attachment and lecture link

 https://drive.google.com/file/d/1mqH9e0x6YDRCVh_lgSqx-Dh_6-RzPmpk/view?usp=sharing

My dear learners, 
Assalamualikuma and greeting on the day!

Today we have started a discussion on Justification on punishment and its types under the Penal Code 1860. You just need to watch our class recorded videos and followed by that try to write up in here on Capital punishment and rationale and objectives of punishment. You may write on the note page and share it with me here as an attachment.  Please find relevant attachment and lecture link

 https://drive.google.com/file/d/1mqH9e0x6YDRCVh_lgSqx-Dh_6-RzPmpk/view?usp=sharing

Abetment under Section 107, PC 

Instigation, Conspiracy, Aid
Sometimes, indirectly participating in committing an offence itself may also become a punishable offence. In such crimes, the offenders do not directly involve themselves in the offence. However, their abetment can become punishable in itself. These offences relate to Section 107, PC under the chapter of abetment.

What is Abeatment ?

Chapter 5 of the Indian Penal Code, 1860 deals with offences relating to abetment. Abetment basically means the action of instigating, encouraging or promoting a person into committing an offence. It can also mean aiding the offender while he is committing a crime.

JUST CLICK HERE TO WATCH OUR VIDEO CLASS LECTURES SMSHLAW31322062020

Introduction
Peace and tranquillity are the prerequisites for development in society. If there is disorderliness in society or any other hindrance of like nature, the society cannot provide to the individual, the opportunity to grow and develop to their full potential, hence the maintenance of peace and tranquillity is a must for every society and nation as a whole.
Offences against the public tranquillity are the offences against not only a single person or property but against the society at large. These kinds of offences are committed by the group of people sharing a common intention to disturb the peace and tranquillity of an area thus affecting the whole society. It is important to study these offences so that they could be curbed.
Maintenance of Public Peace
Peace and morality are the basis on which the base of a society is held, hence their protection is of prime importance, otherwise, the very foundation of the society would be endangered, which will, in turn, hinder the progress of the individuals.
It is the duty of the state to maintain public peace and order. It is even present in Section 23 of the Police Act, 1861 to maintain order in the public roads and public places. In fact, it is an offence to cause inconvenience, obstruction, annoyance, risk danger or damage to the public order or peace and further Section 34 of the Police Act, 1861 makes the police responsible for maintaining public tranquillity and punish anyone committing an offence. Hence public order means that the actions of the individual should not impinge the public peace or cause any kind of inconvenience to any other person.
Public Offences
Under IPC chapter eight deals with public offences. These offences could be categorized into four:
Unlawful assembly;
Rioting;
Enmity amongst different classes;
Affray.

Furthermore, Chapter X of the Criminal Procedure Code 1898 gives legal guidelines for the maintenance of public peace and order and also delineates duties, responsibilities, functions, and power of the Executive and the Police in this matter.

NB: Please ignore some/ if any unexpected video picture portion which unintentionally appears and not relevant towards understanding our lectures 

False Evidence 

Section 191 of the  Penal Code explains that giving false evidence means a person bound by oath or express provision of law, to tell the truth, makes a false statement or a statement that he doesn’t believe to be true or believes to be false. False statement or evidence given by a person can be in written form or otherwise (oral or indicative). Section 191 is also known as Perjury under English Perjury Act 191. For example, a matter concerning the handwriting of Z for which Z’s son is called to test the handwriting that whether it is of his father or not. Even after knowing it is not the handwriting of Z he states the opposite in court stating that it is the handwriting of Z. It is a typical offence called perjury. Taking up the same scenario of Z’s handwriting, where his son is called to testify his handwriting but this time his son is not confident and states that although I am not confident that it was not the handwriting of Z; in this situation, his son cannot be held liable under Section 193 of the Penal Code because his intention is not to lie. A copy of the sales deed shown in the court which is edited or fabricated is known as false evidence. Perjury is all about giving false evidence. Lets us take a classic example in which X is bound under oath that he will speak only the truth in respect to a case in which Y is suspect for the charge of murder that took place in Delhi. Now X says that Y was with me in Shimla on 20th May 2019( the date when the murder was committed). But X lies and gives false evidence. It is a clear example of perjury.
Essential Ingredients of False Evidence
False evidence made by a person who is:

1. Bound by oath, or 

1. By an express provision of law, or 

1. A declaration which a person is bound by law to make on any subject, and 

1. Which statement or declaration is false and which he either knows or believes to be false or does not believe to be true.

Three essential prerequisite condition for the application of Section 191:

1. A legal obligation to state the truth,

1. Making of a false statement or declaration, and 

1. Belief in its falsity.

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 false 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.

 Illustrations

 (a) A, in support of a just claim which B has against Z for one thousand taka 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 a 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 of 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 evidence192. 

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 or 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 fabricate the 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.

(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z's 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 evidence193.

 Whoever intentionally gives false evidence in any stage of 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 a judicial proceeding, though that investigation may not take place before a Court of Justice.

 Illustration

A, in an enquiry before a Magistrate 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 of capital offence; if innocent person be thereby convicted and executed194.

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 any law for the time being in force, shall be punished with 64[imprisonment] for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; 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 imprisonment for life or imprisonment195. 

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 any law for the time being in force is not capital, but punishable with 65[imprisonment for life], 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 of dacoity is 66[imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to 67[such imprisonment for life] or imprisonment, with or without fine.

Using evidence known to be false196. 

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 certificate197. 

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 false198. 

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 evidence199. 

Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other persons, 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 false200. 

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- if a capital offence; if punishable with imprisonment for life; if punishable with less than ten years’ imprisonment201. 

Whoever, knowing or having reason to believe that an offence has been committed, 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,

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;

and if the offence is punishable with 68[imprisonment for life], 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 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 inform202. 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 committed203. 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 Bangladesh, which, if committed in Bangladesh, 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 evidence204.

 Whoever secrets 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 prosecution205. 

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 execution206. 

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 execution207.

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

Fraudulently suffering decree for sum not due208.

 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.

Illustration

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

Dishonestly making false claim in Court209.

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

Fraudulently obtaining decree for sum not due210.

 Whoever fraudulently obtains a decree or order against any person for 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 injure211.

Prologue
There are categorically many offences mentioned as Offences Against Human Body which includes but is not limited to:

• Culpable Homicide,

• Murder,

• Dowry Death,

• Various kinds of hurt,

• Kidnapping- Abduction,

• Wrongful restraint and confinement,

• Rape,

• Unnatural offences etc.

• There are series of offences listed in the  Penal Code and various laws of the other nations.

Offences against the human body are not only committed in BD but in major countries of the world.

Under the Penal Code, offences against the human body are defined. Humans, who claim to be the only intelligible species on this earth, feel they have humanity amongst them but the fact is that the humans in 21st century are the ones who do not have a humanistic approach; they are self-centred. They think only about themselves and can go to any extent to achieve what they want; even harming the other person.

Offenses Relating to Elections
In the Penal code, section 171A to 171I deals with any offences relating to elections. This chapter was inserted in the year 1920. The main purpose was to enact a view of providing the punishment for malpractices during elections. Thus, any kind of misconduct is avoided in such scenarios.