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MD MAMUNUR RASHID

MD MAMUNUR RASHID ©

MD IMAM HOSSAIN

MD HOSSAIN

MD HASANUL ALOM

JANNATUL FERDAWS

ROMENA AHMED

IMRAN HASAN

SAHELA AKTER(AC)

TASLIMA AKTER

GIAS UDDIN

BIOLOB SHARMA

SAGOR SHIL

NAME OF MEMBER OF “AMICUS CURIAE”

PRESENTATION ON

PENAL CODE 1860SECTION 339 TO 389

Wrongful restraint

Section 339 of penal code: 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.

Punishment

Element of wrongful restraint: A person voluntarily obstructs any person.As to prevent that person from proceeding in any direction.Which that person has a right to proceed

341 Wrongfully restraining any person

May arrest without warrant

Summons Bailable Compound

Simple imprisonment for 1 month, or fine of 500 Taka or both.

Any Magistrate.

Under Section 340Whoever wrongfully restrains any person in such a manner as to prevent that person form proceeding beyond certain circumscribing limits, is said "wrongfully to confine" that person.

Elementwrongfully restrains any personSuch restrain must be to prevent that person form proceeding beyond certain circumscribing limits

Punishment

Wrongful confinement

342 Wrongfully confining any person.

May arrest without warrant

Summons Bailable Compound Imprisonment of neither description for 1 years, or fine of 1,000 taka or both

Magistrate of the first or second class.

343 Wrongfully confining for three or more days.

May arrest without warrant

Summons Bailable Compoundable

. Imprisonment of either description for 2 years, or fine, or both

Magistrate of the first or second class.

344 Wrongfully confining for 10 or more days

May arrest without warrant

Summons Bailable Not compoundable

Imprisonment of either description for 3 years and fine

Court of Session or first or second class. Magistrate

FORCEsection 349A of penal code lays down thatperson 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 hereinafter described:

Firstly. 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 forceu/S 350 0f penal code 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.

Point to be proved in criminal forceThat the accused used force to the complaint .That he did so intentionally.That he used it without the commit an offence, or with the knowledge of the likelihood of causing injury, fear or annoyance to the complaint.That received no grave and sudden provocation from the complaint.

AssaultU/S351 of penal code lays down thatWhoever 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.

Point to be proved in assault:That it was made in the presence of the complaint.That he intended or knew that it was likely that such gesture etc. would cause the complaint to apprehend that such criminal force would be used.That such gesture or preparation did cause the complaint to apprehend itThat the accused received no grave and sudden provocation from the complaint.

PUNISHMENT FOR CRIMINAL FORCE & ASSAULT

352 Assault or use of criminal force other wise than on grave

provocation..

Shall not arrest

without warrant.

Summons Bailable Compoundable

Imprisonment of either description for 3 months, or

fine of 500 rupees, or both.

Any Magistr

ate

353 Assault or use of criminal force to deter a public

servant from discharge of his duty.

May arrest

without warrant.

Warrant Bailable Not compound

able

Imprisonment for 2 years, or fine or both.

Any Magistr

ate

354 Assault or use of criminal force to a woman with intent to outrage her

modesty.

May arrest

without warrant.

Warrant Bailable Not compound

able

Imprisonment for 2 years, or fine or both.

Any Magistr

ate

355 Assault or criminal force with intent to dishonour a person otherwise than on

gave and sudden provocation.

Shall not without warrant

Summons Bailable Compoundable

Imprisonment for 2 years, or fine or both.

Any Magistr

ate

356 Assault or criminal force in attempt to commit

theft of property worn or carried by a person.

May arrest

without warrant.

Warrant Not bailable

Not compound

able

Imprisonment of 2 years, or fine or

both.

Any Magistr

ate

357 Assault or use of criminal force in

attempt wrongfully to a confine a person.

May arrest or without warrant.

Warrant Bailable Compoundable

the Imprisonment of either

description for 1 years, or fine of

1,000

Any Magistr

ate

KidnappingKidnapping is of two kinds: kidnapping from Bangladesh, and kidnapping from lawful guardianship.

Kidnapping from Bangladesh:- Under section 360 of penal code Whoever conveys any person beyond the limits of Bangladesh 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 Bangladesh.Element of kidnapping :-conveying any person beyond the limits of BangladeshSuch conveying without the consent of that person, or of some person legally authorized to consent on behalf of that person

Punishment for kidnapping :-363 Kidnappi

ng May arrest

Warrant Bailabel Not compoundable

Imprisonment of either description for 7 years, and fine

. Court of Session or Magistrate of the first class.

Section 361 of penal codeWhoever takes or entices any minor under fourteen years of age if a male, or under sixteen 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.

Element of kidnapping from lawful guardian:-Taking away a minor or a person of unsound mind.Such minor must be under 14 years of age if a male , 16 years of age if a femaleThe taking must be out of the keeping of the lawful guardian.Such taking must be without consent of guardian.

Kidnapping from lawful guardianship

363 Kidnapping May arrest

Warrant Bailabel Not compoundable

Imprisonment of either description for 7 years, and fine

Court of Session or Magistrate of the first class.

366 A

Procuration of minor girl

May arrest without warrant

Warrant Not bailable

Not compoundable

Imprisonment of either description for 10 years, and fine

Court of Session

Punishment :-

Abductionsection 362 of penal code Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.

Element of abductionforceful compulsion or deceitful meansThe object of such compulsion or inducement must be the going of a person from any place

Punishment364. Kidnapping or abducting in order to murder: ten years, and shall also be liable to fine.

Rape under section 375 0f penal code 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:

Firstly. 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 fourteen years of age.

376. Punishment for rapeten years, and shall also be liable to fine, if raped is his own wife and is under twelve years of age, two years, or with fine, or with both.

Essentials requires rapesexual intercourse by a man with a woman The sexual intercourse must be under circumstances falling under any of the five clauses in the section

Theftsection 378 of penal codeWhoever, 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.

379. Punishment for theftthree years, or with fine, or with both.380. Theft in dwelling-house, etcseven years, and shall also be liable to fine.

Element of theft:dishonestly transfer property.The property must be movable.It should be taken out of possession of a person.It should be taken without the consent of a person.There must be some removal of property in order to accomplish the taking of it.

ExtortionSection 383 of penal codeWhoever 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 give donation or subscription of any kind or 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".

Element of extortion1. Communication between the

criminal and victim.2. Fear of injury by the fear to the victim3. Dishonestly induce to deliver some

valuable things by the victims to the criminal

Punishment for extortion384. three years, or with fine, or with both.

Putting person in fear of injury in order to commit extortion385. fourteen years and shall not be less than five years, or with fine, or with both.