The penal code 1860, Presentation

Name of Group Members
 Mohammad Arafat
 Mohammad Kamrul Hasan
 Mohammad Sharaf Uddin
 Mohammad Yasin Arafat
 Asmaul Karim
 Ariful Islam
 Sha Ekramul Hoq Chy
 Tama Das
 Ainur Nahar
 Zarin Tasnim Bipasha

The boy committed mischief writing
in the wall &the glass of car has been
broken.

Mischief
Under section-425 lays down that whoever-
1.with intent to cause as knowing that is likely to
cause, wrongful loss or damage
a)to the public or
b)to any person
2.causes-
a)The destruction of any property
b) any such change in any property or in
the situation thereof as destroy or diminishes its
value or utility or affects it injuriously commits
mischief.

Essential Ingredients of Mischief:
1.That the accused-
a)The destruction of some property ,or
b)Some change in property or in its situation
2.That such act destroyed or diminished its value or utility
or affected it injuriously.
3.That the accused did it with intent to cause or knowing
that he was likely to cause wrongful loss
a)to the public or
b)To any person.
Punishment 426:
Imprisonment up to 3 months, or
with fine, or

Different Between Theft and
Mischief
When a person commits mischief he only causes loss to
another but does not gain any thing himself .But in case
of theft the offender make dishonest gain at the expense
of the victim.
Theft is committed in respect of movable property only
whereas , mischief may be committed in respect of both
movable and property .

Aggravated Forms of Mischief
1.Section-427: Committing mischief and thereby causes loss or
damage to the amount of TK-50 or upwards.
Punishment:
imprisonment up to 2 years, or
with fine, or
with both.
2.Section-428:Committing mischief by killing, poisoning, maiming
or rendering useless any animal or animals of the value of TK-10 or
upwards.
Punishment:
imprisonment up to two years, or
with fine, or
with both.

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3.Section-429:Committing mischief by killing, poisoning, maiming or rendering
useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may
be the value of TK-50 or more.
Punishment:
Imprisonment up to 5 years, or
with fine, or
with both.
4.Section-430:Committing mischief by injury to works of irrigation or
wrongfully diminishing of the supply of water for agricultural purposes, or for
food or drink for human beings or for animals which are property, or for
cleanliness or for carrying on any manufacture.
Punishment:
with fine, or
with both.

{5-6}
5.Section-431:Committing mischief by doing any act which renders
or which he knows to be likely to render any public road, bridge,
navigable river or navigable channel, natural or artificial, impassable
or less safe for traveling or conveying property.
Punishment:
with fine, or
with both.
6.Section-432:Committing mischief by causing an inundation or an
obstruction to any public drainage attended with injury or damage.
Punishment:
with fine, or
with both.

{7-8}
7.Section-433:Committing mischief by destroying or
moving or rendering less useful a light-house or sea-mark or
exhibiting false lights.
Punishment:
with fine, or
with both.
8.Section-434:Committing mischief by destroying or
moving or rendering less useful any land-mark fixed by the
authority of a public servant.
Punishment:
imprisonment up to1 year, or
with fine, or
with both.

{9-10}
9.Section-435:Committing mischief by fire or any explosive substance
with intent to cause to the amount of TK-100 or upwards or where th
property is agricultural produce TK-10 or upwards. Punishment:
imprisonment up to 7 years and
shall also be liable to fine.
10.Sction-436: Committing mischief by fire or any explosive substance
with intent to destroy any building used as a place of worship or as a
human dwelling or as a place for the custody of property.
Punishment:
imprisonment for life, or
with imprisonment up to 10 years, and

{11-12}
11.Section-437:Committing mischief with intent to destroy or make
unsafe a decked vessel or a vessel of 20 tons burden or upwards.
Punishment:
imprisonment up to 10 years, and
12.Section-438:Committing, or attempting to commit by fire
or any explosive substance such mischief as is described in
section-437.
Punishment:
with imprisonment up to 10 years, and

{13-14}
13.Section- 439: Intentionally running a vessel aground or
ashore with to commit theft or misappropriation of
property.
Punishment:
14.Section- 440:Committing mischief, having made
preparation for causing to any person death, or hurt, or
wrongful restraint, or fear of death, or of hurt or of wrongful
restraint.
Punishment:
shall also be liable

The person committed Criminal
Trespass

(1)Criminal Trespass
Criminal trespass defined as-
Under section 441 of the Penal Code , a person commits criminal
trespass if he---
1.enters into or upon property in the possession of another
2. with intent to commit an offence or
3.to intimidate, insult or annoy any person in possession of such
property or
4. having lawfully entered into or upon such property, unlawfully
remains there
a)with intent thereby to intimidate, insult or annoy any such
person, or
b) with intent to commit an offence, is said to commit "criminal
trespass".

Ingredients Of Criminal Trespass
1.Entry into upon or upon the property of
another
2.If such entry is lawful then unlawfully remaining upon such
property
3.Such entry or unlawfully remaining must be with intent
I )to commit an offence or
ii)to intimidate or insult or annoy any person in
possession of the property.
The use of criminal force is not a necessary ingredient to
constitute criminal trespass.
Punishment u/s -447:
imprisonment up to 3 months, or
with fine up to TK-500 or
with both.

The person committing House
Trespass

(2)House Trespass
Under section 442 of the Penal Code, a person commits house trespass if he-
1.Commits criminal trespass
2.by entering into or remaining in-
a) any building, tent or vessel used as a human dwelling or
b)any building used-
i) as a place for worship, or
ii)as a place for the custody of property.
The introduction of any part of the criminal trespasser`s body is entering
sufficient to constitute house trespass.
Punishment u/s-448:
imprisonment up to 1 year, or
with fine up to TK-1000 or
with both.

Ingredients Of House Trespass
In the case of an offence of house trespass the prosecution
must prove-
1.That the accused committed criminal trespass
2.That such criminal trespass was committed by entering
into or remaining in a building , tent or vessel, and
3.Such building ,tent or vessel was used as a human
dwelling or as place of worship , or as a place for the
custody of property.

Aggravated Forms of House Trespass
1.Section-449:House-trespass in order to the commission of an
offence punishable with death.
Punishment:
with rigorous imprisonment not exceeding 10 years, and
2.Section-450: House-trespass in order to the commission of an
offence punishable with imprisonment for life.
Punishment:
imprisonment not exceeding 10 years, and

{3-4}
3.Section-451:House-trespass in order to the commission of an
offence punishable with imprisonment.
Punishment:
in case of Theft:
Imprisonment up to 7 years
Otherwise:
Imprisonment up to 2 years, and
4.Section-452:House-trespass after preparation made for causing
hurt or assault or wrongful restraint to any person, or for putting any
person in fear of hurt, or of assault, or of wrongful restraint.
Punishment:

The Person committing House
Trespass By Night

(3)Lurking House-trespass & by Night
Under section -443 of the Penal Code lays down that lurking
house-trespass is a trespass after taking precautions to conceal such
house-trespass from some person who has a right to exclude or eject
the trespasser from the building, tent or vessel which is the subject
of the trespass.
Punishment u/s-453:
Under section-444:Lurking house-trespass by Night : Whoever
commits lurking house-trespass after sunset and before sunrise,
is said to commit "lurking house-trespass by night".
Punishment u/s-456:

Ingredients of Lurking House Trespass
& by Night
1.That the accused committed house trespass.
2.That such house trespass the accused committed criminal
trespass.
3.So there must be present the intention of criminal trespass.
4.There must be taken precautions to conceal such trespass.
5.He has a right to exclude or eject the trespasser from the
building, tent or vessel which is the subject of the trespass.
By Night:
The above five ingredients are also applicable here but these
ingredients have to commit after sunset and before sunrise.

The Person Committing House
Breaking

(4)House breaking
Under section-445 of the Penal Code ,1860 lays down that a person is
said to commit “house-breaking" who commits house-trespass--
1)if he effects his entrance into the house or any part of it in
any of the six ways hereinafter described; or
2)if, being in the house or any part of it for the purpose of
committing an offence, or, having committed an offence
therein.
He quits the house or any part of it in any of such six ways-
Firstly.--By himself, or by any abettor of the house-trespass.
Secondly.-- Not intended by any person, other than himself or an
abettor of the offence/
Has obtained access by scaling or climbing over any
wall or building.
Thirdly.--Not intended by the occupier of the house to be opened
but he or any abettor of the house-trespass has opened.

.
Fourthly.--By opening any lock .
Fifthly.--By using criminal force or
By committing an assault, or
By threatening any person with assault.
Sixthly.--Knows to have been fastened against such entrance or
departure
but unfastened by himself or by an abettor .
Punishment u/s-453:
House-breaking by night -446:after sunset and before sunrise.
Punishment:

Lurking House Trespass
or
House Breaking1.Section-454:Lurking house-trespass or house-breaking in order to the commission
of an offence punishable with imprisonment.
Punishment:
In case of Theft:
Imprisonment up to 10 years
Otherwise:
2.Section-455:Lurking house-trespass, or house-breaking after preparation made
for causing hurt , assault or wrongful restraint to any person.
Punishment:
3.Section-459:Causing grievous hurt or attempting to cause death or grievous hurt
to any person while committing Lurking house trespass or house breaking.
Punishment:
shall also be liable to fine

Difference Between House Trespass
and House Breaking
One form of criminal trespass is the act of entering upon
property in the possession of another with intent to
connect an offence .If the property is used as a human
dwelling the offence of criminal trespass becomes that of
house trespass.
If house trespass is further aggravated by an entry or
departure of a forcible nature , then offence turns into
house breaking a serious offence.

Lurking House Trespass
or {By Night}
House Breaking
1.Section-457:Lurking house-trespass by night, or house breaking by night, in order to the
commission of an offence punishable with imprisonment.
Punishment:
In case of Theft:
imprisonment up to 14 years
Otherwise:
Imprison up to 5 years and
shall also be liable to fine
2.Section-458:Lurking house-trespass by night or house breaking by night after preparation
made for causing hurt , assault or wrongful restraint to any person.
Punishment:
3.Section-460: Voluntarily causing or attempting to cause death or grievous hurt to any
person at the time of committing lurking house trespass or house breaking by night.
Punishment:
Imprisonment for life or
With imprisonment up to 10 years and

The Person Breaking Open Receptacle
Property

Dishonestly Breaking Open
Receptacle Containing property
 Section-461: Whoever dishonestly or with intent to commit
mischief breaks open or unfastens any closed receptacle which
contains or which he believes to contain property.
Punishment:
imprisonment up to 2 years or
with fine, or
with both.
 Section-462:For the same offence u/s-461 when committed by
person entrusted with custody.
Punishment:
Imprisonment up to 3 years, or
with fine, or
with both.

The Loss of Property of Banking
Company
 Section-462(A:)Penalty for negligent conduct of bank officers and
employees;
Whoever being an officer or employee of a banking company, by his
negligent conduct in dealing with a banking transaction allows any
customer of the company or any other person to cause loss of property to
the company
Punishment:
Imprisonment up to 2 years or
with fine or with both.
 Section-462(B) : Penalty for defrauding banking company :
Whoever fraudulently receives any benefit from a banking company in the
course of any banking transaction.
Punishment:
imprisonment up to 2 years or
with fine or
with both.

.
No Mischief
No Trespassing
-------------Thanks To All.

The penal code 1860, Presentation

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The penal code 1860, Presentation