Академический Документы
Профессиональный Документы
Культура Документы
01. Introduction 02
Of Defamation
02. I) Classification Of Defamation: 03
04. 12
Of Attempts To Commit Offence
05. 14
Conclusion
06. References 15
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Introduction
The Penal Code, 1860 is the main criminal code of Bangladesh. It is based on
the penal code of the British Indian Empire enacted in 1860 by the Governor
General-in-Council in the Bengal Presidency. It is similar to the penal codes of
countries formerly part of the British Empire in South and Southeast Asia,
including Singapore, India, Pakistan, Sri Lanka and Malaysia.
The Parliament of Bangladesh has amended the penal code on several occasions,
with the most recent being in 2004.
The code is a legacy of the Victorian era. While its objective is to provide a general
penal code for Bangladesh.
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OF DEFAMATION
(1) to impute anything which is true concerning any person, if it be for public
good;
(2) to express in good faith any opinion respecting the conduct of a public servant
in the discharge of his public functions or respecting his character;
(3) to express in good faith any opinion respecting the conduct of any person
touching any public question;
(5) to express in good faith any opinion respecting the merits of any case, civil or
criminal, which has been decided by a Court of Justice;
(6) to express in good faith any opinion respecting the merits of any performance
which its author has submitted to the judgment of the public;
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(7) in a person having over another any authority, either conferred by law or arising
out of a lawful contract made with the other, to pass in good faith any censure on
the conduct of the latter in matters to which such lawful authority relates;
(8) 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;
(9) 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
for the public good;
(10) 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.
“A mans reputation is his property, more valuable than any other property.”
Character and reputation different thing. The character of a person signifies the
reality about him. Where as reputation indicates only what is reported of him by
others. It is constituted by public opinion.
Simply we can say that interference with some ones reputation, publishing of such
speech which destroys some ones reputation and which is speech of false that is
defamation.
Classification of defamation:
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1. Slander
2. Libel
The basic differences between the torts of libel and slander are as follows:
(2) Libel is actionable per se whereas damage must be proved for slander, except in
four instances:
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otherwise behaved in an 'unchaste' fashion (Slander of Women Act 1891); orWhere
there is an imputation that the claimant is unfit to carry on his trade, profession or
calling.
(3) Libel may be prosecuted as a crime as well as a tort, whereas slander is only a
tort.
Criminal intimidation:
In section 503 mention the criminal intidation. This section defines the offence of
criminal intimidation. It says that whoever threatens another with any injury either
to his person, reputation or property, or to the person or reputation of anyone in
whom that person is interested, with the intention of causing alarm to that person,
or to cause that person to do any such act which he is not legally bound to do, or to
omit to do any act which that other person is entitled to do, as the means of
avoiding the execution of such threat, commits criminal intimidation. There is an
explanation attached to the section according to which a threat to injure the
reputation of any person who is dead in whom the person threatened is interested,
is within this section.
The section contemplates that the offender must threaten another with any injury to
his person, reputation or property, or to the person or reputation, and not to
property, of any one in whom that person is interested. The intention of the
offender must be to cause alarm to the person threatened, or to cause the person
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threatened either to do any act which he is not legally bound to do, or to omit to do
any act which he is legally entitled to do, as the means of avoiding the execution of
such threat.
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.
This section punishes intentional insult with intent to provoke breach of peace. It
states that whoever intentionally insults, and thereby gives provocation to any
person, intending that such provocation will cause him to break public peace or to
commit any other offence, or with the knowledge that it was likely that such
provocation will cause him to break public peace or to commit any other offence,
shall be punished with simple or rigorous imprisonment for a term extending up to
two years, or with fine, or with both.
The section contemplates that the offender must intentionally insult any person. He
must thereby give any person provocation. He must have intention that such
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provocation will cause him to break public peace or to commit any other offence,
or he must have knowledge that it is likely that such provocation will cause him to
break public peace or to commit any other offence.
As is clear from the language used in the section, the provision is intended to take
care of persons responsible for causing breach of peace or committing other
offences as well as who openly abet or incite them. In other words, the section
requires an intention to insult and thereby to give provocation to the person
insulted and an intention that such provocation should cause or the knowledge that
the provocation is likely to cause the person so insulted to break public peace or
commit any other offence.
(a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or
airman in the Army, Navy or Air Force of India 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 tranquility; or
(c) with intent to incite, or which is likely to incite, any class or community of
persons to commit any offence against any other class or community;
Classification Of Offence
Criminal Intimidation:
2. The accused threatens the complainant 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.
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Extortion:
2. The accused intentionally puts the complainant 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 for valuable security, of anything signed or
sealed which may be converted into a valuable security.
Illustrations
(a) A sits dharna at Z’s door with the intention of causing it to be believed that, by
so sitting, he renders Z an object of Divine displeasure. A has committed the
offence defined in this section.
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(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 renderan
object of Divine displeasure. A has committed the offence defined in this section.
Classification Of Offence
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 heard, 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.
Classification Of Offence
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OF ATTEMPTS TO COMMIT OFFENCE
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.
Classification Of Offence
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Section 511 general provision dealing with attempts to commit offences not
punishable by other specific sections. It makes punishable all attempts to commit
offences punishable with imprisonment and not only those punishable with death.
An attempt is made punishable, because every attempt, although it falls short of
success, must create alarm, which by itself is an injury, and the moral guilt of the
offender is the same as if he had succeeded. Moral guilt must be united to injury in
order to justify punishment. As the injury is not as great as if the act had been
committed, only half the punishment is awarded. Attempt to commit an offence can
be said to begin when the preparations are complete and the culprit commences to
do something with the intention of committing the offence and which is a step
towards the commission of the offence. The moment culprit commences to do an
act with the necessary intention, he commences his attempt commit the offence.
The word “attempt” not itself defined, and must, therefore, taken in its ordinary
meaning. This is exactly what the provisions of section 511 require;
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Conclusion
In conclusion, it can be said that the Penal Code 1860 is inconsistent in case of
many punishments. The lowest punishment in this code is imprisonment upto 24
hours or fine upto 10 taka or both which is given for misconduct in public by a
drunken person that is very much laughing in the present society. As the Penal
code is drafted almost 160 years ago, although some amendments are brought but
very insufficient, so it is needed to amend in harmony with the present demand and
requirement.
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References
4. https://en.wikipedia.org/wiki/The_Penal_Code,_1860_(Bangladesh)
5. https://www.writinglaw.com/chapter-xxi-499-502-of-ipc-defamation/
6. https://www.writinglaw.com/chapter-xxii-503-510-of-ipc-of-criminal-
intimidation-insult-and-annoyance/
7. https://www.writinglaw.com/chapter-xxiii-511-of-ipc-of-attempts-to-
commit-offences/
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