Unnatural Offences Sodomy - Section [ edit ] Whoever, voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment of life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. The Bench said: "We hold that Section does not suffer from Naz Foundation is overruled. Considering long-standing demand and recommendations of the Law Commission of India , which has repeatedly endorsed the repeal of this section, the Government of India in December decided to decriminalise attempts to commit suicide by dropping Section of the IPC from the statute book.

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Unlawful confinement and Remand or custodial torture, Forced labour, Freedom of speech or expression, Freedom of profession or occupation, Freedom of religion and Commutation of sentence Public health According to the constitution, the state is under the fundamental responsibility to raise the level of nutrition and improve public health and to take measures to prevent the consumption of noxious foods, drink or of drugs injurious to the health.

Without the implementation of the right to health and right to live in a healthy environment, the right to life is hampered. In the same view, it has been held in Dr. Mohiuddin Farooque v. Bangladesh [5] that the public functionaries are under obligation to preserve pollution free environment to protect life from all its ill-effects and necessary directions was given to them to take sufficient measures to control pollution by industries and factories.

In the case, Advocate Zulhasuddin v. Bangladesh, [6] the relation of right to health with the right to life appeared more explicitly. In this case, the High Court Division found imposition of VAT Value Added Tax on receipts of medical and dental treatment, pathological laboratory and fees of specialized doctors to be ultra vires Articles 18 and In the case Prof. Nurul Islam v. Bangladesh, [7] it was held that the right to life includes the right to protection of health.

The Penal Code also forbids all acts which are dangerous to public health. Under the Penal Code, every act which affects public health is reckoned as offence. The penal Code mentioned some offences relating to public health such as- Any negligent or malignant act which is likely to spread infection of any disease dangerous to life.

Public morality Our constitution attributes a responsibility to the state to improve public morality. It mandates that the state shall take effective measures to prevent prostitution and gambling. Thus our constitution put grave stress on public morality. On the contrary, the Penal Code also attaches importance to public morality and declares every act affecting public morality to be offence.

The Penal Code mentioned some offences relating to public morality such as- Sale or distribution of obscene books, papers, pamphlets, drawings, paintings etc. Eve-teasing Our constitution ensures freedom of movement in the art. So, this right may also be protected by the due process clause of art. One the other hand, our constitution imposes on the state the responsibility to secure to its citizens the right of education.

The Penal Code deals with this offence in the sections and The state must tackle this offence very seriously with a view to securing the right to life, freedom of movement, right of personal liberty and the right to education for women and punish the woman-teasers under penal statutes.

Limit of punishment The Constitution ensures that no person shall be punished for the same offence more than once.

A person is not to be put twice in jeopardy for the same offence. The Penal Code under section 71 prescribes limit of punishment and prohibits double punishment for the same offence. Death penalty The constitution provides that no person shall be deprived of life or personal liberty save in accordance with law. The death penalty is obviously a cruel, inhuman and degrading punishment.

But, Art. Thus this provision allows death penalty in existing law or penal statute. The court must keep in view that life is the most precious thing and nothing can be more fundamental than preservation of life. Hence, deprivation of life can follow only when it is needed for the security of the state or the security of the ordered society.

The Penal Code imposes mandatory death penalty by section which is a clear violation of Articles 31 and 32 of the constitution, because through these provisions the constitution-makers recognized the inviolability and sacrosanct nature of human life and liberty. The inherent philosophy behind these two provisions Arts. That has clearly been violated by the mandatory nature of death penalty provided by penal law.

It would be pertinent to refer to the provision of the Penal Code which provide for death penalty for certain offences. Those offences are: Waging or attempting to wage war against Bangladesh. Therefore, any law that violates the dignity of man is unconstitutional. Whether the law violates the dignity of a man is a question of fact and depends upon what the dignity of man implies and to what extent the law violates that dignity.

The right to life and liberty are such fundamental rights which are very basic among all other rights. The right to life and liberty cannot be curtailed by any illegal or unlawful action. Article 33 1 of the constitution safeguards as to arrest and detention and this article mandates that the arrested person shall be informed of the grounds of arrest and shall have a right to be defended by a legal practitioner of his choice. Article 35 5 ensures that no person shall be subjected to torture, or to cruel, inhuman or degrading punishment or treatment.

Now-a-days, in Bangladesh, the police exercise the power of arrest or detention without warrant under Section 54 and the power of Remand under 2 of the Code of Criminal Procedure, Such power is almost abused and the police sometimes arrest an innocent person without recording the grounds of such arrest and thereafter try to extort information or confession from the person arrested by physical or mental torture and in the process sometimes also cause death.

Such kind of unlawful detention and confinement and custodial torture, cruel and degrading treatment in the name of remand is a totally violative of fundamental rights guaranteed under Articles 27, 31, 32, 33, and 35 of the constitution. They are- Confinement by person having authority who knows that he is acting contrary to law. Forced labour The Constitution of Bangladesh prohibits all forms of forced labour.

Slavery is a form of forced labour which involves the obligation to work for the benefit of master without the consent of the slave. Such kind of slavery is totally unconstitutional.

Buying or disposing of any person as a slave, habitual dealing in slaves are punishable under sections and of the Penal Code. The employment of child labour in any factory, mine or in any hazardous work is also unconstitutional. Selling minor for the purpose of prostitution etc.

Under section of the Penal Code unlawful compulsory labour is punishable. Freedom of assembly The freedom of assembly is a fundamental right which is guaranteed under the constitution. The constitution guarantees that every citizen shall have the right to assemble and participate in public meetings and procession peacefully and without arms.

The restriction must be reasonable and not arbitrary. This right is the very essence of democracy. The right is subject to two limitations- The assembly must be peaceful. The members of the assembly must not bear arms. The Penal Code mentions some grounds on which an assembly will be designated as an unlawful one and the state is authorized to restrict such an unlawful assembly. Section of the Penal Code mentions five grounds on which the freedom of assembly can be curtailed.

Those grounds are below- An assembly to overawe, by criminal force, the Government, Legislature or any public servant. To resist the execution of any law or of any legal process. To commit mischief, criminal trespass or any other offence. To take, by criminal force or show of criminal force, possession of any property or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal rights. To compel, by criminal force or show of criminal force, any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.

Thus laws to punish an unlawful assembly within the meaning of section of the Penal Code or authorizing the use of force to disperse an unlawful assembly is not inconsistent with the provisions of Article 37 of the Constitution.

Freedom of speech and expression The right of every citizen to freedom of speech and expression is guaranteed under the article 39 2 a of the Constitution.

This right is subject to reasonable restrictions. This kind of right is available so long as it is not malicious or libelous and if the speech or expression is untrue or reckless, the speaker or the author does not get protection of the constitutional right.

The Penal Code also designed any kind of incitement or abetment of offence as an offence. So, in the name of freedom of speech or expression, no person can injure the reputation of another person [19] or abet or incite another person to commit an offence. Sedition is not allowed in the name of freedom of expression. The Penal Code defines sedition in section A.

The Penal Code forbids deliberately wounding religious feelings under section Freedom of profession or occupation The Constitution ensures the right to enter upon any lawful profession or occupation and to conduct any lawful trade or business.

So, the state has the authority to restrict any kind of illegal profession, trade or business. The Penal Code mentioned some offences relating to profession or occupation, trade or business and thus gave an elaborate view of some unlawful profession, trade or business.

Some offences relating to trade or business as envisaged in the Penal Code are below — Selling instrument for counterfeiting Bangladesh coin. Freedom of religion Our constitution speaks about freedom of religion. Article 41 1 a of the constitution provides that every citizen has the right to profess, practice or propagate any religion.

Article 41 1 b of the constitution provides that every religious community or denomination has the right to establish, maintain and manage its religious institutions.

This fundamental right is also subject to reasonable restrictions. The Penal Code, under ss and A, forbids every act which disturbs the practice of any religion and also every act injuring place of worship or religious institutes. The Penal Code, under section , also forbids intentional disturbance to any religious assembly. Commutation of sentence The Constitution ensures that the president has a power to grant pardons, reprieves and respites and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.

The Penal Code provides some directions on how the president will commute the sentence of death [23] and the sentence of imprisonment for life. The Constitution depicts some fundamental rights and the Penal Code depicts all the offences including those affecting the fundamental rights. Thus we find a profound relation between the Constitution and the Penal Code.


The Penal Code, 1860 (Bangladesh)



Indian Penal Code






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