08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
(a) A, the captain of a steam vessel, suddenly and without any fault or
negligence on his part, finds himself in such a position that, before he can stop
his vessel, he must inevitably run down a boat B, with twenty or thirty
passengers on board, unless he changes the course of his vessel, and that, by
changing his course, he must incur risk of running down a boat C with only two
passengers on board, which he may possibly clear. Here, if A alters his course
without any intention to run down the boat C and in good faith for the purpose
of avoiding the danger to the passengers in the boat B, he is not guilty of an
offence, though he may run down the boat C by doing an act which he knew was
likely to cause that effect, if it be found as a matter of fact that the danger
which he intended to avoid was such as to excuse him in incurring the risk of
running down C.
(b) A, is in a great fire, pulls down houses in order to prevent the conflagration
from spreading. He does this with intention in good faith
of saving human life or property. Here if it be found that the harm to be
prevented was of such a nature and so imminent as to excuse A's act, A is not
guilty of the offence.
Act of a child under
nine years of age
82. Nothing is an offence which is done by a child under 33[ nine] years of age.
Act of a child above
nine and under
twelve of immature
understanding
83. Nothing is an offence which is done by a child above 34[ nine]
years of age
and under twelve, who has not attained sufficient maturity of understanding to
judge of the nature and consequences of his conduct on that occasion.
Act of a person of
unsound mind
84. Nothing is an offence which is done by a person who, at the time of doing it,
by reason of unsoundness of mind, is incapable of knowing the nature of the act,
or that he is doing what is either wrong or contrary to law.
incapable of
judgment by reason
of intoxication caused
against his will
85. Nothing is an offence which is done by a person who, at the time of doing it,
is, by reason of intoxication, incapable of knowing the nature of the act, or that
he is doing what is either wrong, or contrary to law: provided that the thing
which intoxicated him was administered to him without his knowledge or against
his will.
Act of a person
Offence requiring a
particular intent or
knowledge
committed by one
who is intoxicated
86. In cases where an act done is not an offence unless done with a particular
knowledge or intent, a person who does the act in a state of intoxication shall be
liable to be dealt with as if he had the same knowledge as he would have had if
he had not been intoxicated, unless the thing which intoxicated him was
administered to him without his knowledge or against his will.
87. Nothing which is not intended to cause death, or grievous hurt, and which is
not known by the doer to be likely to cause death, or grievous hurt, is an
offence by reason of any harm which it may cause, or be intended by the doer
to cause, to any person, above eighteen years of age, who has given consent,
whether express or implied, to suffer that harm; or by reason of any harm which
it may be known by the doer to be likely to cause to any such person who has
consented to take the risk of that harm.
Illustration
A and Z agree to fence with each other for amusement. This agreement implies
the consent of each to suffer any harm which in the course of such fencing, may
be caused without foul play; and if A, while playing fairly, hurts Z, A commits no
offence.
Act not intended and
not known to be
likely to cause death
or grievous hurt,
done by consent
bdlaws.minlaw.gov.bd/print_sections_all.php?id=11
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