PRESENTATION ON PENAL CODE 1860 Section 339 to 389 339 with punishment

5. 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.

6. Under Section 340
Whoever 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.
Element
wrongfully restrains any person
Such 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 Compound
able
. 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
compounda
ble
Imprisonment of either
description for 3 years and fine
Court of
Session or
first or
second class.
Magistrate

7. FORCE
section 349A of penal code lays down that
person 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.

8. Criminal force
u/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 force
That 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.

9. Assault
U/S351 of penal code lays down that
Whoever 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 it
That the accused received no grave and sudden provocation from the
complaint.

10. 352 Assault or use of
criminal force other
wise than on grave
provocation..
Shall not
arrest
without
warrant.
Summons Bailable Compoun
dable
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 Compoun
dable
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 Compoun
dable
the Imprisonment
of either
description for 1
years, or fine of
1,000
Any
Magistr
ate

11. Kidnapping
Kidnapping 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 Bangladesh
Such conveying without the consent of that person, or of some
person legally authorized to consent on behalf of that person
Punishment for kidnapping :-
363 Kidnapping May
arrest
Warrant Bailabel Not
compound
able
Imprisonment
of either
description for
7 years, and
fine
. Court of
Session or
Magistrate
of the first
class.

12. Section 361 of penal code
Whoever 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 female
The 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 :-

13. Abduction
section 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 abduction
forceful compulsion or deceitful means
The object of such compulsion or inducement must be the going of a
person from any place
Punishment
364. Kidnapping or abducting in order to murder:
ten years, and shall also be liable to fine.

14. Rape
under section 375 0f penal code
Amanissaidtocommit"rape"whoexceptinthe
casehereinafterexcepted,hassexualintercoursewith
awomanundercircumstancesfallingunderanyofthe
fivefollowingdescriptions:
Firstly.Againstherwill.
Secondly.Withoutherconsent.
Thirdly.Withherconsent,whenherconsenthas
beenobtainedbyputtingherinfearofdeath,orof
hurt.
Fourthly.Withherconsent,whentheman
knowsthatheisnotherhusband,andthather
consentisgivenbecauseshebelievesthatheis
anothermantowhomsheisorbelievesherselftobe
lawfullymarried.
Fifthly.Withorwithoutherconsent,whensheis
underfourteenyearsofage.

15. 376. Punishment for rape
ten 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 rape
sexual intercourse by a man
with a woman
The sexual intercourse must be
under circumstances falling under
any of the five clauses in the
section

16. Theft
section 378 of penal code
Whoever, 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 theft
three years, or with fine, or with both.
380. Theft in dwelling-house, etc
seven 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.

17. Extortion
Section 383 of penal code
Whoever 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 extortion
1. Communication between the
criminal and victim.
2. Fear of injury by the fear to the victim
3. Dishonestly induce to deliver some
valuable things by the victims to the
criminal
Punishment for extortion
384. three years, or with fine, or with both.
Putting person in fear of injury in order to
commit extortion
385. fourteen years and shall not be less than five years, or with fine, or
with both.