Compounding offences under Bangladesh Code of Criminal procedure 1898

advtanmoy 17/11/2022
Print Friendly, PDF & Email

The Code of Criminal Procedure, 1898

( ACT NO. V OF 1898 )

 

[ 22nd March, 1898 ]

 

Part VI

PROCEEDINGS IN PROSECUTIONS

Chapter XXIV

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Compounding offences
 
345.(1) The offences punishable under the sections of the Penal Code specified in the first two columns of the table next following may be compounded by the persons mentioned in the third column of that table:-
 
 

Offence.

Sections of Penal Code applicable.

Persons by whom offence may be compounded.

Uttering works, etc., with deliberate intent to wound the religious feelings of any person.

298

The person whose religious feelings are intended to be wounded.

Causing hurt

323,334

The person to whom the hurt is caused.

Wrongfully restraining or confining any person.

341, 342

The person restained or confined.

Assault or use of criminal force

352, 355, 358

The person assaulted or to whom criminal force is used.

Unlawful compulsory labour

374

The person compelled to labour.

Mischief, when the only loss or damage caused is loss or damage to a private person.

426, 427

The person to whom the loss or damage is caused.

Criminal trespass

 

House-trespass

447

 

448

The person in possession of the property trespassed upon.

Criminal breach of contract of service.

490, 491, 492

The person with whom the offender has contracted.

Adultery

 

Enticing or taking away or detaining with criminal intent a married woman.

497

 

                498

The husband of the woman.

Defamation

 

Printing or engraving matter, knowing it to be defamatory.

 

Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter.

500

 

501

 

502

The person defamed.

Insult intended to provoke a breach of the peace.

504

The person insulted.

Criminal intimidation except when the offence is punishable with imprisonment for seven years.

506

The person intimidated.

Act caused by making a person believe that he will be an object of divine displeasure.

508

The person against whom the offence was committed.
 
 
(2) The offences punishable under the sections of the Penal Code specified in the first two columns of the table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that table
 
 
 

Offence.

Sections of Penal Code applicable.

Persons by whom offence may be compounded.

[Rioting.

147

The person against whom force or violence has been used.

Rioting armed with deadly weapon.

148

Ditto.]

Voluntarily causing hurt by dangerous weapons or means.

324

The person to whom hurt is caused.

Voluntarily causing grievous hurt.

325

Ditto.

Voluntarily causing grievous hurt on grave and sudden provocation.

335

The person to whom hurt is caused.

1[Act endangering human life or the personal safety of others.

336

Ditto.]

Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others.

 

House-trespass

337

 
 

Ditto.

Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others.

338

Ditto.

Wrongfully confining a person for three days or more

343

The person confined.

2[Wrongfully confining for ten or more days.

344

Ditto.]

Wrongfully confining a person in secret.

346

Ditto.

3[Wrongfully confinement to extort property or constrain to illegal act.

347

The person wrongfully confined.

Wrongful confinement to extort confession or compel restoration of property.

348

Ditto.]

4[Assault or criminal force to women with intent to outrage her modesty.

354

The women assaulted or to whom the criminal force was used.]

5[Assault or criminal force in attempt to commit theft of property worn or carried by a person.

356

The person assaulted or to whom criminal force is used.]

Assault or criminal force in attempting wrongfully to confine a person.

357

The person assaulted or to whom the force was used.

6[Theft 7[* * *].

379

The owner of the property stolen.]

8[Theft in dwelling house.

380

Ditto]

9[Theft by clerk or servant of property in possession of master 10[* * *].

381

Ditto.]

Dishonest misappropriation of property.

403

The owner of the property misappropriated.

11[Criminal breach of trust 12[***].

406

The owner of the property in respect of which the breach of trust has been committed.

Criminal breach of trust by a carrier, wharfinger, etc. 13[***].

407

Ditto.

Criminal breach of trust by a clerk or servant 14[***].

408

Ditto.

Dishonestly receiving stolen property, knowing it to be stolen 15[* * *].

411

The owner of the property stolen.

Assisting in the concealment or disposal of stolen property, knowing it to be stolen 16[* * *].

414

Ditto.]

Cheating

417

The person cheated.

Cheating a person whose interest the offender was bound, by law or by legal contract, to protect.

418

Ditto.

Cheating by personation

419

Ditto.

Cheating and dishonestly inducing delivery of property or the making, alteration or destruction of a valuable security.

420

Ditto.

17[Fraudulent removal or concealment of property, etc. to prevent distribution among creditors.

421

The creditors who are affected thereby.

Fraudulently preventing from being made available for his creditors a debt or demand due to the offender.

422

Ditto.

Fraudulent execution of deed of transfer containing false statement of consideration.

423

The person affected thereby.

Fraudulent removal or concealment of property.

424

Ditto.

Mischief by killing or maiming animal 18[* * *].

428

The owner of the animal.

Mischief by killing or maiming cattle, etc. 19[* * *].

429

The owner of the cattle, or animal.]

Mischief by injury to work of irrigation by wrongfully diverting water when the only loss or damage caused is loss or damage to a private person.

430

The person to whom the loss or damage is caused.

House-trespass to commit an offence (other than theft) punishable with imprisonment.

451

The person is possession of the house trespassed upon.

Using a false trade or property mark.

482

The person to whom loss or injury is caused by such use.

Counterfeiting a trade or property mark used by another.

483

The person whose trade or property mark is counterfeited.

Knowingly selling, or exposing or possessing for sale or for trade or manufacturing purpose, goods marked with a counterfeit trade or property mark.

486

Ditto

20[Cohabitation caused by a man deceitfully including a belief of lawful marriage.

493

The woman with whom cohabitation was caused.]

Marrying again during the life-time of a husband or wife.

494

The husband or wife of the person so marrying.

Uttering words or sounds or making gestures or exhibiting any object intending to insult the modesty of a woman or intruding upon the privacy of a woman.

509

The woman whom it is intended to insult or whose privacy is intruded upon.

21[Attempting to commit offences punishable with transportation or imprisonment.

511

The person against whom such attempt was made for committing the offence.]
 
 
(3) When any offence is compoundable under this section, the abatement of such offence or an attempt to commit such offence (when such attempt is itself an offence) may be compounded in like manner.
 
 
(4) When the person who would otherwise be competent to compound an offence under this section is under the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf may with the permission of the Court compound such offence.
 
 
(5) When the accused has been 22[sent] for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is 123[sent] or, as the case may be, before which the appeal is to be heard.
 
 
(5A) The High Court Division acting in the exercise of its powers of revision under section 439 24[, and a Court of Session so acting under section 439A,] may allow any person to compound any offence which he is competent to compound under this section.
 
 
(6) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
 
 
(7) No offence shall be compounded except as provided by this section.
 
  • 1Sections 147 and 148 and the entries relating thereto were inserted by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
  • 2Section 336 and the entries relating thereto were inserted by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
  • 3Section 344 and the entries relating thereto were inserted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 4Sections 347 and 348 and the entries relating thereto were inserted by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
  • 5Section 354 and the entries relating thereto were inserted by Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 6Section 356 and the entries relating thereto were inserted by section 2 and Schedule of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
  • 7Sections 379 and 381 and the entries relating thereto were inserted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 8The comma and the words “, where the value of the property stolen does not exceed taka five hundred” were omitted by section 12 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
  • 9Section 380 and the entries relating thereto was inserted by section 2 and Schedule of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
  • 10Sections 381 and the entries relating thereto were inserted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 11The comma and the words “, where the value of the property stolen does not exceed taka five hundred” were omitted by section 12 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
  • 12Sections 406, 407, 408, 411 and 414 and the entries relating thereto were inserted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 13The comma and the words “, where the value of the property does not exceed taka five thousand” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)
  • 14The comma and the words “, where the value of the property does not exceed taka five thousand” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)
  • 15The comma and the words “, where the value of the property does not exceed taka five thousand” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)
  • 16
    The comma and the words “, where the value of the property does not exceed taka five thousand” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)
  • 17
    The comma and the words “, where the value of the stolen property does not exceed taka five hundred” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)
  • 18Sections 421, 422, 423, 424, 428 and 429 and the entries relating thereto were inserted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 19The words “of the value or taka ten or upwards” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)
  • 20The comma and words “, of any value or any other animal of the value of taka fifty or upwards” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)
  • 21Section 493 and the entries relating thereto was inserted by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
  • 22
    Section 511 and the entries relating thereto was added by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
  • 23The word “sent” was substituted, for the word “committed” by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 24The word “sent” was substituted, for the word “committed” by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)

Home › Forums › Compounding offences under Bangladesh Code of Criminal procedure 1898

Tagged: 

Viewing 0 reply threads
Viewing 0 reply threads
  • You must be logged in to reply to this topic.

Next Post

Varimadugu Obi Reddy Vs. B. Sreenivasulu & Ors (16/11/2022)

Thu Nov 17 , 2022
SARFAESI Act, 2002-Although the respondent borrowers initially approached the Debts Recovery Tribunal by filing an application under Section 17 of the SARFAESI Act, 2002, but the order of the Tribunal indeed was appealable under Section 18 of the Act subject to the compliance of condition of predeposit and without exhausting the statutory remedy of appeal, the respondent borrowers approached the High Court by filing the writ application under Article 226 of the Constitution. We deprecate such practice of entertaining the writ application by the High Court in exercise of jurisdiction under Article 226 of the Constitution without exhausting the alternative statutory remedy available under the law

You May Like

  • A judge is the pillar of entire justice system and public has a right to demand virtually irreproachable conduct from a judge (SC-10/12/2019) - A person discharging judicial duties acts on behalf of the State in discharge of its sovereign functions. Dispensation of justice is not only an onerous duty but has been considered as akin to discharge of a pious duty, and therefore, is a very serious matter. The standards of probity, conduct, integrity that may be relevant for discharge of duties by a careerist in another job cannot be the same for a judicial officer. A judge holds the office of a public trust. Impeccable integrity, unimpeachable independence with moral values embodied to the core are absolute imperatives which brooks no compromise. A judge is the pillar of the entire justice system and the public has a right to demand virtually irreproachable conduct from anyone performing a judicial function. Judges must strive for the highest standards of integrity in both their professional and personal lives.
  • A daughter has no right u/s 14 of Hindu Succession Act of her father’s property if it is occupied by her brother through adverse possession (SC-28/08/2023) - A Hindu daughter has no right u/s 14 of Hindu Succession Act on the property of her father if it is occupied by her brother through adverse possession (SC-28/08/2023)- [See Pritam Singh v. State, AIR (1950) SC 169: (1950) SCR 453, Hem Raj v. State of Ajmer AIR (1954) SC 462: (1954) SCR 1133, Bengal Chemical & Pharmaceutical Works Ltd. v. Employees, AIR (1959) SC 633: 1959 Supp (2) SCR 136: (1959) 1 LLJ 413, Municipal Board, Pratabgarh and Anr. v. Mahendra Singh Chawla and Ors. (1982) 3 SCC 331: (1983) SCC (L&S) 19, Taherakhatoon (dead) by LRs v. Salambin Mohammad (1999) 2 SCC 635]

Jurisprudence

Recent Updates

%d bloggers like this: