1860-45: THE PENAL CODE – Chapter-6: OF OFFENCES AGAINST THE STATE

OF OFFENCES AGAINST THE STATE

¹121. Whoever wages war against the Union of Burma or any constituent unit thereof, or assists any State or person or incites or conspires with any person within or without the Union to wage war against the Union or any constituent unit thereof, or attempts or otherwise prepares by force of arms or other violent means to overthrow the organs of the Union or of its constituent units established by the Constitution, or takes part or is concerned in- or incites or conspires with any person within or without the Union to make or to take part or be concerned in any such at­tempt shall be guilty of the offence of High Treason.

¹121A. * * * *

^* 122. ( 1) Whoever commits High Treason within the Union of Burma shall be punished with death or transportation for life.

(2) Whoever, being a citizen of the Union of Burma or ordinarily resident within the Union, commits High Treason outside the Union shall be punished with death or transportation for life.

¹123. ( 1) Whoever encourages, harbours or comforts any per­son whom he knows or has reasonable ground for believing to be engaged in committing High Treason shall be punished with transportation for life or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Exception.– This provision does not apply to the case in which the person who harbours is the husband or wife of the offender.

(2) * * * *

¹124. Whoever knowing that any act, the commission of which would be High Treason, is intended or proposed to be, or is being, or has been committed, does not forthwith disclose the same, together with all particulars there of known to him, to Magistrate, or to any police-officer, or some other person lawfully engaged on duties relating to the preservation of peace and order shall be guilty of the offence of misprision of High Treason and shall be punished with rigorous imprisonment which may extend to seven years, and shall also be liable to fine.

¹124A. Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, bring to attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards [the Government established by law for the Union or for the constituent units thereof,] shall be pun­ished with transportation for life or an shorter term, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.

Explanation. 1.– The expression “disaffection” includes dis­loyalty and all feelings of enmity.

Explanation. 2.– Comments expressing disapprobation of the measures of the Government with a view to obtain their alter­ation by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this sedition.

Explanation. 3.– Comments expressing disapprobation of the administrative or other action of the Government, without excit­ing or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

²124 B. Whoever–

(a) knowingly or willfully advocates, (* *)³ advises, or teaches the duty, necessity, desirability, or propriety or over­throwing or destroying the organs of the Union or of assassina­tion of any officer of any such organ, or

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¹ Original sections 121, 121A 122, 123 and 124 were repealed by Act XIV, 1948, and new section 121, 122, 123 and 124 were inserted by Act XX, 1950.

² Sub-section (2) of section 123 was deleted by Act X, 1951.

^* Substituted by Act V 1961.

(b) knowingly or willfully prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter which advocates, advises, or teaches the duty, necessity, desirability or propriety of overthrowing or destroy­ing any such organ by force or violence, or

(c) organized or helps to organize any society, group or assembly of persons who teach, advocate or encourage the over­throw or destruction of any such organ by force or violence, or

(d) becomes a member of, or affiliates with any such soci­ety, group or assembly of persons; knowing the purpose thereof, shall be punished with imprisonment of either description for a term which may extend to not less than three years and not more than ten years, and shall also be liable to fine.

Explanation.– For the purpose of this section, the term “the organs of the Union or of its constituent units” means the organs of the Union or of its constituent units established by the Consti­tution of the Union of Burma.

125.Whoever wages war against any Asiatic Power in alli­ance or at peace with the State, or attempts to wage such war or abets the waging of such war, shall be punished with transporta­tion for life, to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine.

126. Whoever commits depredation, or makes preparations to commit depredation, on the territories of any Power in alli­ance or at peace with the State, shall be punished with imprison­ment of either description for a term which may extend to seven years, and shall also be liable to fine and t~ forfeiture of any property used or intended to be used in committing such depredation, or acquired by such dep­redation.

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1. Substituted by Act XX, 1950.

2. Inserted by Act LXV, 1953.

3. Deleted by Act XXXLX 1954.

127. Whoever receives any property knowing the same to have been taken in the commission of any offences mentioned in sections 125 and 126 shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received.

128. Whoever, being a public servant and having the cus­tody of any State prisoner or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with transportation for life, or im­prisonment of either description for a term which may extend to ten years, and shall be liable to fine.

129. Whoever, being a public servant and having the cus­tody of any State prisoner or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple impris­onment for a term which may extend to three years and shall also be liable to fine.

130. Whoever knowingly aids or assists any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or of­fers or attempts to offer any resistance to the recapture of such prisoner, shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explanation. — A State prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in the Union of Burma, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.

CHAPTER VI (A)¹

OFFENCES RELATING TO CERTAIN PROVISIONS CONTAINED

IN THE CONSTITUTION AND ACTS OF THE PARLIAMENT

¹130A. Except where penalty or other mode of punishment is expressly prescribed by law, whoever, without any reasonable excuse, contravenes any provisions contained in sections 15, 17, 19, 20, or sub – sections (2) and (3) of sections 23 of the Consti­tution of the Union of Burma or in any Act enacted by the Parlia­ment of the Union of Burma by wilfully doing any act which it forbids, or by wilfully omitting to do any act which it requires to be done, shall be punished with imprisonment of either descrip­tion for a term which may extend to three years, or with fine, or with both.

CHAPTER VI (B)¹

LIBEL AGAINST FOREIGN POWERS

¹130.B. Whoever, by words either spoken or intended to be read or by signs or by visible representations, publishes anything tending to degrade, revile or to expose to hatred or contempt any Foreign State, Head of State, Ambassador or other dignitary of a Foreign State, with intent to disturb peaceful and friendly rela­tionship between the Union of Burma and that Foreign State, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

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* Inserted by Act XX, 1950.

First Exception. — It is not an offence under this section to publish any fair comment on a matter of public interest without any intent to disturb peaceful or friendly relationship between the Union of Burma and that State.

Second Exception.– It is not an offence under this section to publish anything which is true, if it be for the public good that the publication should be made. Whether or not it is for the pub­lic good is a question of fact.