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INDEX

Sl No. Contents Page No.

01. Introduction 02

Of Defamation
02. I) Classification Of Defamation: 03

Ii) Distinction Between Libel And Slander

Of Criminal Intimation, Insult And Annoyance


03. 06
I) Criminal Intimidation:
Ii) Criminal Intimidation:

04. 12
Of Attempts To Commit Offence

05. 14
Conclusion

06. References 15

1
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

Chapter 21 Section 499 of Bangladesh’s penal code, “whoever by words either


spoken or intended to be read, or by signs or by visible representations, makes or
publish any imputation concerning any person intending to harm, or knowing or
having the reason to believe that such imputation will harm, the former person will
be liable to the latter.”

Defamation—also called calumny, vilification, traducement, slander (for transitory


statements), and libel (for written, broadcast, or otherwise published words)—is
the communication of a statement that makes a claim, expressly stated or implied
to be factual, that may give an individual, business, product, group, government,
religion, or nation a negative or inferior image. This can be also any disparaging
statement made by one person about another, which is communicated or published,
whether true or false, depending on legal state.

The statue also outlines a list of exceptions. Accordingly, it is not 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;

(4) to publish a substantially true report of the proceedings of a Court of Justice;

(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.

Imprisonment may not exceed two years.

Bangladesh takes a very relaxed stance when it comes to outlining allowable


damages. Instead, the fines and punishments for each case are “determined by the
principles of justice, equity and good conscience.”

Dixon vs. Holden

“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

Slander: It is slander if it is made in some transitory form. Slander is defamation


communicated by spoken words or other sounds addressed to ear or by gestures.
Such as word of mouth, gestures.

Libel: It is libel if the defamatory representation is made in some permanent and


visible form. Libel indicates something printed or written but it includes also
anything recorded in a more or less permanent form addressed to the eye or which
could be seen. Such as painting, photograph, wax work, cartoon, sky writing by an
aero-plane.

Distinction Between Libel And Slander

The basic differences between the torts of libel and slander are as follows:

(1) Libel is a defamatory statement in permanent form, for example,

writing,wax images (Monson v Tussaud's Ltd [1894] 1 QB 671),films


(Youssoupoff v MGM Pictures Ltd (1934) 50 TLR 581),radio and television
broadcasts (s16 Defamation Act 1952; ss166 and 201 Broadcasting Act 1990),
andpublic performances of plays (s4 Theatres Act 1968).

Slander is a defamatory statement in a transient form.

(2) Libel is actionable per se whereas damage must be proved for slander, except in
four instances:

Where there is an allegation that the claimant has committed an imprisonable


offence;Where there is an imputation that the claimant is suffering from a
contagious disease, such as venereal disease, leprosy, plague and, arguably,
HIV/AIDS;Where there is an imputation that a woman has committed adultery or

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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.

OF CRIMINAL INTIDATION, INSULT AND ANNOYANCE

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.

Punishment for criminal intimidation

In section 506 Whoever commits the offence of criminal intimidation shall be


punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both;

Insult and Annoyance:

Intentional insult with intent to provoke breach of the peace:

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.

Statements conducing to public mischief —

According to section 505

(1) Whoever makes, publishes or circulates any statement, rumour or report,—

(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;

Criminal intimidation by an anonymous communication — According to section


507

Whoever commits the offence of criminal intimidation by an anonymous


communication, or having taken precaution to conceal the name or abode of the
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person from whom the threat comes, shall be punished with imprisonment of either
description for a term which may extend to two years, in addition to the
punishment provided for the offence by the last preceding section.

Classification Of Offence

Punishment—Imprisonment for 2 years, in addition to the punishment under above


section—Non-cognizable—Bailable—Triable by Magistrate of the first class—
Non- compoundable.

Difference between Criminal Intimidation and Extortion

Criminal Intimidation:

1. Sec. 503 defines “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.

3. In criminal intimidation, only constructive force is employed.

4. Criminal Intimidation is lesser offence than extortion.

5. Punishment: 2 Years or with fine or both.

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Extortion:

1. Sec. 383 defines “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.

3. In Extort, actual force may be employed.

4. Extortion is severe offence than criminal intimidation.

5. Punishment: 3 Years, or with fine, or with both.

Act caused by inducing person to believe that he will be rendered an object of


the Divine displeasure — According to section 508

Whoever voluntarily causes or attempts to cause any person to do anything which


that person is not legally bound to do, or to omit to do anything which he is legally
entitled to do, by inducing or attempting to induce that person to believe that he or
any person in whom he is interested will become or will be rendered by some act
of the offender an object of Divine displeasure if he does not do the thing which it
is the object of the offender to cause him to do, or if he does the thing which it is
the object of the offender to cause him to omit, shall be punished with
imprisonment of either description for a term which may extend to one year, or
with fine, or with both.

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

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—


Bailable—Triable by any Magistrate—Compoundable by the person against whom
the offence was committed.

Word, gesture or act intended to insult the modesty of a woman — According


to section 509

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

Punishment—Simple imprisonment for 1 year, or fine, or both—Cognizable—


Bailable—Triable by any Magistrate—Compoundable by the woman whom it was
intended to insult or whose privacy was intruded upon with the permission of the
court.

Misconduct in public by a drunken person — According to section 510

Whoever, in a state of intoxication, appears in any public place, or in any place


which it is a trespass in him to enter, and there conducts himself in such a manner
as to cause annoyance to any person, shall be punished with simple imprisonment
for a term which may extend to twenty-four hours, or with fine which may extend
to ten rupees, or with both.

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OF ATTEMPTS TO COMMIT OFFENCE

Punishment for attempting to commit offences punishable with imprisonment


for life or other imprisonment — According to section 511

Whoever attempts to commit an offence punishable by this Code with


imprisonment for life or imprisonment, or to cause such an offence to be
committed, and in such attempt does any act towards the commission of the
offence, shall, where no express provision is made by this Code for the punishment
of such attempt, be punished with imprisonment of any description provided for
the offence, for a term which may extend to one-half of the imprisonment for life
or, as the case may be, one-half of the longest term of imprisonment provided for
that offence, or with such fine as is provided for the offence, or with both.

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

Punishment—Imprisonment for life or imprisonment not exceeding half of the


longest term provided for the offence, or fine, or both—According as the offence is
cognizable or non-cognizable—According as the offence attempted by the offender
is bailable or not—Triable by the court by which the offence attempted is triable—
Non-compoundable.

Moral guilt and injury

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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;

Koppula Venkat Rao v. State of Andhra Pradesh, (2004)

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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

1. Penal Code Of Bangladesh ,1860

2. Text Book On Penal Code, 1860 By - A.F.M Maniruzzaman

3. Text Book on Penal Code, 1860 By - Md. Ayaz Azad

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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