08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
[Omitted]
13. [Omitted by Article 2 and Schedule of the Central Laws (Adaptation) Order,
1961.]
“Servant of the State”
14. The words 9[ Servant of the Republic] denote all officers or servant,
continued, appointed or employed in Bangladesh by or under the authority of the
Government.
15. [Repealed by the Government of India (Adaptation of Indian Laws) Order,
1937.]
[Repealed]
[Repealed]
16. [Repealed by the Government of India (Adaptation of Indian Laws) Order,
1937.]
17. The word “Government” denotes the person or persons authorized by law to
administer executive Government in Bangladesh, or in any part thereof.
18. [Repealed by the Government of India (Adaptation of Indian Laws) Order,
1937.]
“Government”
[Repealed]
“Judge”
19. The word “Judge” denotes not only every person who is officially designed as
a Judge, but also every person,
who is empowered by law to give, in any legal proceeding, civil or criminal, a
definitive judgment, or a judgment which, if not appealed against, would be
definitive, or a judgment which, if confirmed by some other authority, would be
definitive, or
who is one of a body of persons, which body of persons is empowered by law to
give such a judgment.
Illustrations
(a) A Collector exercising jurisdiction in a suit under Act X of 1859, is a Judge.
(b) A Magistrate exercising jurisdiction in respect of a charge on which he has
power to sentence to fine or imprisonment with or without appeal, is a Judge.
(c) [Repealed by the Federal Laws (Revision and Declaration) Act 1951 (Act
XXXVI of 1951)].
(d) A Magistrate exercising jurisdiction in respect of a charge on which he has
power only to commit for trial to another Court, is not a Judge.
“Court of justice”
20. The words "Court of Justice" denote a Judge who is empowered by law to act
judicially alone, or a body of Judges which is empowered by law to act judicially
as a body, when such Judge or body of Judges is acting judicially.
“Public servant”
21. The words "public servant" denote a person falling under any of the
descriptions hereinafter following, namely:
First.[Omitted by section 2 of the Penal Code (Amendment) Ordinance, 1982
(Ordinance No. X of 1982)];
bdlaws.minlaw.gov.bd/print_sections_all.php?id=11
3/110