THE PENAL CODE 1860

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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 person2.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

situation2.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 orb)To any person.

Punishment 426: Imprisonment up to 3 months, or with fine, or with both.

Different Between Theft and MischiefWhen 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 Mischief1.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, orwith 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, orwith both.

{3-4}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:imprisonment up to 5 years, or with fine, orwith 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:imprisonment up to 5 years, or 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: imprisonment up to 5 years, or 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:imprisonment up to 7 years, or with fine, orwith 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 the 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, orwith imprisonment up to 10 years, and shall also be liable to fine.

{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, andshall also be liable to fine.

12.Section-438:Committing, or attempting to commit by fire or any explosive substance such mischief as is described in section-437.

Punishment:imprisonment for life, or with imprisonment up to 10 years, and shall also be liable to fine.

{13-14}13.Section- 439: Intentionally running a vessel aground or ashore with to commit theft or misappropriation of property.

Punishment: imprisonment up to 10 years, and shall also be liable to fine.

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: imprisonment up to 5 years, andshall 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 another2. with intent to commit an offence or3.to intimidate, insult or annoy any person in possession of such

property or4. having lawfully entered into or upon such property, unlawfully

remains therea)with intent thereby to intimidate, insult or annoy any such person,

orb) with intent to commit an offence, is said to commit "criminal

trespass".

Ingredients Of Criminal Trespass1.Entry into upon or upon the property of

another2.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 orii)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 TrespassUnder section 442 of the Penal Code, a person commits house trespass if he-1.Commits criminal trespass2.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 TrespassIn the case of an offence of house trespass the

prosecution must prove-1.That the accused committed criminal trespass2.That such criminal trespass was committed by entering into or remaining in a building , tent or vessel, and3.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 Trespass1.Section-449:House-trespass in order to the commission of an offence punishable with death.

Punishment: imprisonment for life, or

with rigorous imprisonment not exceeding 10 years, and

shall also be liable to fine.

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

shall also be liable to fine.

{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 yearsOtherwise:Imprisonment up to 2 years, and shall also be liable to fine.

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: imprisonment up to 7 years, and shall also be liable to fine.

The Person committing House Trespass By Night

(3)Lurking House-trespass & by NightUnder 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:imprisonment up to 2 years, and shall also be liable to fine.

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:imprisonment up to 3 years andshall also be liable to fine.

Ingredients of Lurking House Trespass & by Night1.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 breakingUnder 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 orBy 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:imprisonment up to 2 years, andshall also be liable to fine.

House-breaking by night -446:after sunset and before sunrise.Punishment:

imprisonment up to 3 years, and shall also be liable to fine.

Lurking House Trespassor

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:imprisonment up to 3 years, and shall also be liable to fine.

2.Section-455:Lurking house-trespass, or house-breaking after preparation made for causing hurt , assault or wrongful restraint to any person.

Punishment:imprisonment up to 10 years, and shall also be liable to fine.

  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:  imprisonment for life, or

imprisonment up to 10 years, and 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 Trespassor {By Night}

House Breaking1.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:imprisonment up to 14 years and shall also be liable to fine.

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 andshall also be liable to fine.

  

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, orwith 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.