Tiêu đề 6. Penal Code English Full Lecture [2025] st.pdf ✅

2 Amicus Law Academy: Written Program S-53: Punishments Penal Code provided 5 types of punishment- 1. Death; 2. Imprisonment for life; 3. Imprisonment, which is of two descriptions, namely:-  Rigorous, that is, with hard labour;  Simple; 4. Forfeiture of property; 5. Fine. Key Notes  In the punishment of imprisonment for life, the imprisonment shall be rigorous. [S-53]  Whipping is not recognized by Penal Code but Code of Criminal Procedure, 1898 Commutation of sentence By Government & President #In every case in which sentence of death shall have been passed,  the Government may,  without the consent of the offender, commute the punishment for any other punishment provided by this Code. (S.54) #In every case in which sentence of imprisonment for life shall have been passed-  the Government may,  without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding twenty years. (S. 55) #Nothing in section fifty-four or section fifty-five shall derogate from the right of the  President to grant pardons, reprieves, respites or remissions of punishment.(S. 55A) #In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to rigorous imprisonment for 30 years.(S.57) The duration of a sentence of Imprisonment for Life Ataur Mridha alias Ataur Versus The State, 73 DLR (AD) (2021) 298 The review petition is disposed of with the following observations and directions by majority decision:  1. Imprisonment for life prima-facie means imprisonment for the whole of the remaining period of convicts natural life.  2. Imprisonment for life be deemed equivalent to imprisonment for 30 years if sections 45 and 53 are read along with sections 55 and 57 of the Penal Code and section 35A of the Code of Criminal Procedure.  3. However, in the case of sentence awarded to the convict for the imprisonment for life till his natural death by the Court, Tribunal or the International Crimes Tribunal under the
3 Amicus Law Academy: Written Program International Crimes (Tribunal) Act, 1973 (Act XIX of 1973), the convict will not be entitled to get the benefit of section 35A of the Code of Criminal Procedure. Fine: Ss. 63-70 S-63: Amount of fine  Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive. S-65: Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable  The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine. S-67: Imprisonment for non-payment of fine, when offence punishable with fine only: If the offence be punishable with fine only, the imprisonment which the Court imposes in default of payment of the fine shall be simple, and the term for which the Court directs the offender to be imprisoned, in default of payment of fine, shall not exceed the following scale, that is to say,  for any term not exceeding two months when the amount of the fine shall not exceed fifty taka, and  for any term not exceeding four months when the amount shall not exceed one hundred taka, and  for any term not exceeding six months in any other case. Imprisonment to terminate on payment of fine: S-68 The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law. Termination of imprisonment on payment of propor-tional part of fine: S-69 If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate. Fine leviable within six years, or during imprisonment Death not to discharge property from liability: S-70 The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability of any property which would, after his death, be legally liable for his debts.