Law 6101-Assignment Question & Answers

(6101-1)Question
1.U Hla, a Myanmar sailor, commits murder on the German ship, on which he was working, in the Mediterranean
Sea.Is he punishable under the Penal Code?Give your answer with relevant provision, explananation and
illustration.Cha-1
I would like to answer that, in this problem, Yes,U Hla must be taken action under the Penal Code of Myanmar.
I would like to present that U Hla, a Myanmar sailor, commits murder on the German ship, on which he was
working, in the Mediterranean Sea.
According to Section (3)of Penal code of Myanmar, Any person liable, by any law in force in the Union of Burma
(Myanmar), to be tried for an offence committed beyond the limits of Union of Myanmar shall be dealt with
according to the provisions of this Code, for any act committed beyond the Republic of the Union of Myanmar in
the same manner as if such act had been committed within the Republic of the Union of Myanmar.
According to Section (4) The provisions of this Code apply also to any offence committed by (any citizen of the
Union wherever he may be).
Illustration of section(3);
"A" who is the citizen of Myanmar, commits adultery in England. Adultery is not a crime in England. But "A" can
be taken action under Section 499 of the Penal Code, which is the Criminal Law of Myanmar.
Illustration of section(4);
"A" who is a citizen of Myanmar, commits a murder in Uganda. He can be tried and convicted of murder in any
place in Myanmar in which he may be found.
Conclusion:
I would like to answer that, Therefore, U Hla must be taken action under the Penal Code of Myanmar.
2.Mg Mg was a six years old child. He was instigated by Ko Tun to stab Ko Moe who is not in good terms with Ko
Tun. . Accordingly, Ko Moe was stabbed and died on the spot.
Discuss the criminal liability of ko Tun and Mg Mg .Answer with relevant provision and cases. Cha -4
Answer;
I would like to answer that, Mg Mg was not criminal liability. There was criminal liability of Ko Tun.
Mg Mg was a six years old child. He was instigated by Ko Tun to stab Ko Moe who is not in good terms with Ko
Tun. Accordingly, Ko Moe was stabbed and died on the spot.
I would like to present that , Mg Mg was six year old child.He was instigated by Ko Tun to stab Ko Moe who is not
in good term with Ko Tun . Accordingly , Ko Moe was stabbed and died on the stop. In criminal law, the provisions
in dealing with the general exception are laid down in section 76 to 106.In section 6 of the Criminal Law is basic
principle. It provides that “throughout this code every definition of an offence penal provision and every illustration
of every such definition of penal provisions, shall be understood subject to the exceptions contained in the Chapter
entitled "General Exceptions," though those exceptions are not repeated in such definition, penal provision or
illustrations.
Illustrations
(a) The Sections in this Code, which contain definitions of offences; do not express that a child under seven years of
age cannot commit such offences; but the definitions are to be understood subject to the general exception which
provides that nothing shall be an offence which is done by a child under seven years of age.
According to Section (82) of Penal of Myanmar, Nothing is an offence, which is done by a child, under seven years
of age. And then , According to Section (83) of Penal of Myanmar, Nothing is an offence, which is done by a child
above seven years of age, and under twelve, who has not attained sufficient maturity of understanding to judge of
the nature and consequences of his conduct on that occasion.
Conclusion:
I would like to answer that,Therefore, Mg Mg was not criminal liability. There was criminal liability of Ko Tun. .
But Ko Tun age was not mentioned. I assume that Ko Tun was over 12 years.So,KO Tun sent reformatory school.If
Ko Tun is under16 years old but has not attained the age of 18 years be send up for prosecution to the court which
has jurisdiction .The court must take consideration wheater the offence covers in such exception or not even though
the did not claim.
3.In a case,Ko Ko gave false evidence as he was instigated by U Mg Mg to give false evidence in a case. Does U Mg
Mg commit giving false evidence? Are U Mg Mg and Ko Ko liable to the same punishment as giving false
evidence ? Give your answer with relevant provision and cases.
Answer
I would like to answer that,Yes, U Mg Mg and Ko Ko liable to the same punishment as giving false evidence if Ko
Ko has attempted to commit.
I would like to present that, U Mg Mg and Ko Ko liable to the same punishment as giving false evidence.
According to Section 107 of the Penal Code,In every crime firstly; intention to commit it, secondly, preparation to
commit it, thirdly attempt commits it. If the attempt fails the crime is not complete but how punished the person
attempting the act. An attempt to commit a crime must be distinguished from an intention to commit it, and from
preparation made for its commission. Intention is the direction of conduct towards the objects upon considering the
motive, which suggest the choice.2 But the law does not take choice of an intention without an act. Mere intention to
commit an offence, not followed by any act, cannot constitute an offence. The will is not to be taken for the deed,
unless there be some external act which shows that progress has been made in the direction of it, or towards
maturing and affecting it.
Preparation consists in devising or arranging the means or measures necessary for the commission of an offence.
The provisions of the section do not extent to make punishable as attempts, acts done in the mere stage of
preparation. For example, A intends to feel poison to B, finding poison to do so is only preparation. It is not
actionable. But a person will be punishable according to criminal law, if he commits the following offences;
(1) High Treason.
(2) Committing depredation on territories of power at peace with the state.

(3) Making preparation to commit dacoity.
Attempt is the direct movement towards the commission after the preparation is made. An "attempt" is an intentional
preparatory action, which so fails through circumstances independent of the person who seeks its accomplishment.
When a man does an intentional act with a view to attain a certain end and fails in his object through some
circumstances independent of his own will, then that man has attempted to effect the object at which he aimed.
"Attempt" is laid down in Section 511 of Penal Code as follows; Whoever attempts to commit an offence punishable
by this Code with imprisonment or to cause such an offence to be committed, and in such attempt does any act
towards the commission of the offence, shall, where no express provision is made by this Code for the punishment
of such attempt, be punished with imprisonment of any description provided for the offence for a term of
imprisonment which may extend to one-half of the longest term provided for the offence for the offence, or with
such fine as is provided for that offence, or with both.
Illustrations
(a) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is
no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this Section.
(b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z's pocket. A fails in the attempt in
consequence of Z's having nothing in his pocket. A is guilty this Section.
Under section 109, whoever abets any offence shall, if the act abetted is committed in consequence of the abetment,
and no express provision is made by this Code for the punishment of such abetment, be punished with the
punishment provided for the offence.
Under section 110, whoever abets the commission of an offence shall, if the person abetted does the act with a
different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence
which would have been committed if the act had been done with no other.
According to Section 109 of the Penal Code, Whoever abets any offence shall, if the act abetted is committed in
consequence of the abetment, and no express provision is made by this Code of the punishment of such abetment, be
punished with the punishment provided for the offence.
Explanation- An act or offence is said to be committed in sequence of abetment, when it is committed in

consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.
Conclusion
I would like to answer that,Yes, I would like to answer that,Yes, U Mg Mg and Ko Ko liable to the same
punishment as giving false evidence if Ko Ko has attempted to commit.But attempt is the commission after the
preparation is made.
4.DAW Pu , not good faith, obstructed a path wich every one, including Daw Hla, has the right to pass. Daw Hla is
thereby prevented from passing. In this cases, does Daw Pu commit any offence?Answe with relevant provisions
and reasons.(Chapter-8)
Answer
I would like to answer that,Yes, Daw Pu commit to offence.
I would like to present that DAW Pu , not good faith, obstructed a path wich every one, including Daw Hla, has the
right to pass. Daw Hla is thereby prevented from passing.
According to Section 339 of the
Penal Code, Whoever voluntarily obstructs any person, so as to prevent that person from proceeding in any direction
in which that person has a right to proceed, is said wrongfully to restrain that person.
Exception-The obstruction of a private way over land or water, which a person in good faith believes himself to
have a lawful right to obstruct, is not an offence within the meaning of this section.
Illustration
A obstructs a path along which Z has a right to pass, A not believing -in good faith that he has a right to stop the
path. Z is thereby prevented from passing. 4 wrongfully restrains Z.
Conclusion
I would like to answer that,Yes, Daw Pu commit to offence,because she isn’t good faith, according to Section 339 of
the Penal Code.
5.Mg Nyein and Ma Than are a couple. Mg Nyein quarreas with Ma Than. . Mg Nyein steps over . Ma Than ‘s neck
severely so Ma Than staps Mg Nyein with a knife.Thus Mg Nyein dies.Is the act of Ma Than included in the right of
self-defense?Amswer with your legal opinion?(Chapter-4)
Answer
I would like to opnion that,Yes, Ma Than included in the right of self-defense.
I would like to present that, Mg Nyein and Ma Than are a couple. Mg Nyein quarreas with Ma Than. . Mg Nyein
steps over . Ma Than ‘s neck severely so Ma Than staps Mg Nyein with a knife.Thus Mg Nyein dies.
According to Section 96 of the Penal Code , Nothing is an offence, which is done in the exercise-of the right of
private defence .
According to Section 99 of the Penal Code , There is no right of private defence against an act which does not
reasonably cause the apprehension of death or of grievous hurt, if done or attempted to be done by a public servant
acting in good faith under colour of his office, though that act may not be strictly justifiable by law.
There is no right of private defence against an act which does not reasonably cause the apprehension of death or of
grievous hurt, if done or attempted to be done by the direction of a public servant acting in good faith under colour
of his office though that direction may not be strictly justifiable by law.
There is no right of private defence in cases in which there is time to have recourse to the protection of the public
authorities.
The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the
purpose of defence.
Explanation. 1.-- A person is not deprived of the right of private defence against an act done or attempted to be done
by a public servant, as such, unless he knows, or has reason to believe, that the person doing the act is such public
servant.
According to Section 100 of the Penal Code , The right of private defence of the body extends, under the
restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the
assailant, if the offence which occasion the exercise of the right be of any of the descriptions hereinafter enumerated,
namely
First.-- Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of
such assault
Secondly.-- Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the
consequence of such assault;
Thirdly. --An assault with the intention of committing rape;
Fourthly. -- An assault with the intention of gratifying unnatural lust;
Fifthly.--An assault with the intention of kidnapping or abducting;
Sixthly. --An assault with the intention of wrongfully confining a person, under circumstances which may
reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.
Moreover, According to Union of Myanmar & Ma Mai Thee(a) MA Than Nyo, Adjudication of Hight Court
(1993)Page-82 ,Mg Pay Nyein & Ma Mai Thee(a) MA Than Nyo are couple. Mg Pay Nyein frequency persecutes to
Ma Mai Thee(a) MA Than Nyo . . Mg Pay Nyein bashed to Ma Mai Thee(a) MA Than Nyo because of no cocking
rice.So Ma Mai Thee(a) MA Than Nyo hews to Mg Pay Nyein with near a knife .Thus Mg Pay Nyein dies.
In that case, Hight Court convites that in Appeal of Criminal that, "Nothing is an offence which is done in the
exercise of the right of private defence."
Conclusion
I would like to 0pinion that, Yes, Ma Than included in the right of self-defense according to Section 96 and 100 of
the Penal Code.Because IS subject to the restrictions contained in section 99 of the Penal Code
6.U Ba Aung , a judge, accepts present from Zaw Moe, who was accused of murder and was acquitted by U Ba
Aung. Which offence did Zaw Moe commit in this case? Answer with the relevant provision, explanation,
illustration and case. Chapter-11)
Answer
I would like to answer that, Yes, Zaw Moe commits to give gratification, if he really give gratification to U Ba
Aung according to Section (214) of the Penal Code.
I would like to present that, U Ba Aung , a judge, accepts present from Zaw Moe, who was accused of murder and
was acquitted by U Ba Aung.
According to the Section (214) of the Penal Code, Whoever gives or causes, or offers or agrees to give or cause, any
gratification to any person, or to restore or causes the restoration of any property to any person, in consideration of
that person's concealing an offence, or of his screening any person from legal punishment for any offence, or of his
not proceeding against any person for the purpose of bringing him to legal punishment, shall, if the offence is
punishable with death, be punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine; and if the offence is punishable with transportation for life, or with
imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term
which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment
extending to ten years, shall be punished with imprisonment of] the description provided for the offence for a term
which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or
with both.
Exception.-- The provision of sections 213 and 214 do not extend to any case in which the offence may lawfully be
compounded.
Conclusion
I would like to answer that, Yes, Zaw Moe commits to give gratification, if he really give gratification to U Ba
Aung according to Section (214) of the Penal Code.
7.When U Hla Tun, police officer, and his partner arrested Daw Mya’s house with warrant they keep the evidence
which was using in gambling. They wanted Daw Mya to sing in the search warrant but Daw Mya refused, robbed
the evidences and told that she would complain them. Those acts are disturbing the obligations of public servants.
So, U Hla Tun complain her in police station , but not is court with written documents. Do you think the complain of
U Hla Tun can give punishment to Daw Mya? Explain with your opinion.(Chapter-2) Cri; Pc;
(6101-7) Answer
I would like to answer that, Yes, U Hla Tun and his partner may arrest and give punishment to Daw Mya in Court
with written documents according to the section (167 & 169) under Code of the Criminal Producer.
I would like to present that, When U Hla Tun, police officer, and his partner arrested Daw Mya’s house with warrant
they keep the evidence which was using in gambling. They wanted Daw Mya to sing in the search warrant but Daw
Mya refused, robbed the evidences and told that she would complain them.
According to Section 167 of the Criminal Procidure , (1) Whenever any person is arrested and detained in custody,
and if appears that the investigation cannot be completed within the period of twenty four hours fixed by section 61,
and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the
police-station or the police-officer making the investigation shall forthwith transmit to the nearest Magistrate a copy
of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused
to such Magistrate.
(2) The Magistrate to whom the accused person is forwarded under this section may, whether he has or has not
jurisdiction to try the case, from time to me authorize the detention of the accused in such custody as such
Magistrate thinks fit. But the detention of such person shall not exceed in the whole 30 days where a person is
accused of an offence punishable with rigorous imprisonment for a term of not less than seven years, and where a
person is accused of an offence punishable with rigorous imprisonment for a term of less than seven years, the
detention of such person shall not exceed 15 days in the whole. If such Magistrate has not jurisdiction to try the case
or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a
Magistrate having such jurisdiction: Provided that no Magistrate of the third class, shall authorize detention in the
custody of the police
(3) A Magistrate authorizing under this section detention in the custody of the police shall record his reasons for so
doing.
(4) If such order is given by a Magistrate other than the District Magistrate or Subdivisional Magistrate, he shall
forward a copy of his order, with his reasons for making it, to the Magistrate to whom he is immediately
subordinate.
According to Section 169 of the Criminal Procidure , ,If, upon an investigation under this Chapter, it appears to the
officer in charge of the police-station or to the police-officer making the investigation the there is not sufficient
evidence or reasonable ground of suspicion to justify forwarding of the accused to a Magistrate, such officer shall, if
such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct,
to appear, if and when so required, before a Magistrate when, powered to take cognizance of the offence on a police-
report and to try the accused or commit him for trial.
Conclusion
I would like to answer that, Yes, U Hla Tun and his partner may arrest and give punishment to Daw Mya in Court
with written documents according to the section (167 & 169) under Code of the Criminal Producer.
(6101-8A)Question
No Group-A No Group-b
1 Court j If there is a dispute among the pepple, there is a peace for justment
2 Judge a A person who desides the disputes without bias
3 Police h A person who protects people's live hood
4 Pleader i A person who pursues the injury person and the offender accordance with the Law
benifit
5 Prosecutor c A person who is prosecution on behelf of the State
6 Appeal e Submission to the Superior Court because the inferior Court decision were not fair
7 Arugument d The Presentation of the Lawer of both parties
8 Summons g A document issued from the office of the Court of the Justice
9 Muder f If a person causes death of the human being with intention of causing death
10 Crime b The breach of public rights and duties and affect the community
(6101-8B)Question
While the accused Saw Htwe was in Police custody, police officer asked him to act how he had committed the
offence and took the photo.When the plaintiff prosecuted Saw Htwe, plaintiff submitted these photo with police
chart.Are those photo confession for the accused Saw Htwe ?Can he get punishments because of that confession?
Chapter-3) Cri; Pc;
(6101-8) Answer
I would like to answer that, N0, Saw Htwe cann’t get punishments because of that confession according to the
section 162(1) under Code of the Criminal Producer.
I would like to present that, While the accused Saw Htwe was in Police custody, police officer asked him to act how
he had committed the offence and took the photo.When the plaintiff prosecuted Saw Htwe, plaintiff submitted these
photo with police chart.
According to the section (162-1) under Code of the Criminal Producer, No statement made by any person to a
police-officer in the course of an investigation under this Chapter shall, if reduced into writing, be signed by the
person making it, nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any
part of such statement or record, be used as evidence (save as hereinafter provided) at any inquiry or trial in respect
of any offence under investigation at the time when such statement was made:
Moreover,According to the section (364-4) Nothing in this section shall be deemed to apply to the examination of
an accused person under section 263.
According to the section (533-1) If any Court, before which a confession or other statement of an accused person
recorded or purporting to be recorded under section 164 or section 364 is tendered or has been received in evidence,
finds taht any of the provisions of either of such sections have not been complied with by the Magistrate recording
the statement, it shall take evidence that such person duly made the statement recorded; and, notwithstanding
anything contained in the Evidence Act, section 91, such statement shall be admitted if the error has not injured the
accused as to his defence on the merits.
Conclusion
I would like to answer that, N0, Saw Htwe cann’t get punishments because of that confession according to the
section 162 (1) under Code of the Criminal Producer.
9.Ko Soe is at work with a hatchet; the head flies off and kills a man
who is standing by. Has Ko Soe committed any offence? Give your answer
with relevant provision and illustration. (chapter 4)
Answer
In this condition, Ko Soe has not committed any offence.

Ko Soe is at work with a hatchet; the head flies off and kills a man
who is standing by.
According to section 80 of the Penal Code (Accident in doing a lawful act)
Nothing is an offence which is done by accident or misfortune and
without any criminal intention or knowledge in the doing of lawful act in a
lawful act in a lawful manner by lawful means and with proper care and
caution.
Illustration
A is at work with a hatchet; the head flies of land kills a man who
is standing by here, if there was no want any criminal intention of
knowledge from any in foreseen evil result that may ensue from accident
or misfortune.
Conclusion
So, Ko Soe has not committed an offence if he has no criminal intent. And he
must have proper and reasonable care.
10.Maung Maung, a Myanmar sailor, commits murder on the German ship, on which he was working, in the
Mediterranean Sea. Is he punishable under the Penal Code? Give your answer with reasons. (Chapter 1)
Answer
Yes, he is punishable under the Penal Code of Republic of the Union of Myanmar.
According to the problem, Maung Maung is a Myanmar citizen. He is a sailor and works on German ship. He
commits murder while he is at work on that ship in Mediterranean Sea.
In that situation, Myanmar Penal Code would be applied as described in Section 4 'The provisions of this Code
apply also to any offence committed by (any citizen of the Union wherever he may be)'.
Explanation -- In this section the word "offence" includes every act committed outside the Union of Burma which, if
committed in the Union of Burma, would be punishable under this Code.
Illustration
"A" who is a citizen of Myanmar, commits a murder in Uganda. He can be tried and convicted of murder in any
place in Myanmar in which he may be found.
Any Myanmar citizen who commited any offence outside the Republic of th Union of Myanmar may be tried under
Penal Code as if he committed in Myanmar Naing Ngan as described in Section 3.
Section 3 stated that 'Any person liable, by any law in force in the Union of Burma (Myanmar), to be tried for an
offence committed beyond the limits of Union of Myanmar shall be dealt with according to the provisions of this
Code, for any act committed beyond the Republic of the Union of Myanmar in the same manner as if such act had
been committed within the Republic of the Union of Myanmar.'
Illustration
Conclusion
Maung Maung is punishable under the Myanmar Penal Code.
11.Maung Saw is accused of High Treason along with a group of men. He defends that he has done so because he
has been threatened by the group. Discuss whether his defences are legal or not. Give reason with the relevant
provision and illustration. (Chapter 4)
Assignment 3, 6101
Maung Saw is accused of High Treason along with a group of men. He defends that he has done so because he has
been threatened by the group. Discuss whether his defences are legal or not. Give reason with the relevant provision
and illustration. (Chapter 4)
Answer
No, the defence of Maung Saw is not legal.
In the question, Maung Saw is accused of High Treason along with a group of men. He defends that he has done so
because he has been threatened by the group.
In criminal law, the provisions in dealing with the general exception are laid down in section 76 to 106. In the
Section 94 of the Penal Code provides that – '' Except murder, and offences against the Sate punishable with death,
nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it,
reasonably cause the apprehension that instant death to that person will otherwise be the consequence: provided the
person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant
death, place himself in the situation by which he became subject to such constraint.
By this section a person is expected from the consequences of any act except
(1) murder
(2) offences against the State punished with death, done with fear of instant death, but fear of hurt or even of
grievous hut is not a sufficient justification. Mere mean of future death will not be sufficient.
Except where unsoundness of mind is proved or real fear of instant death is proved, the burden of proof being or the
prisoner, pressure of temptation is not an excuse for breaking the law.
Regarding offences punishable with death; Death penalty is the highest form of punishment described in Penal
Code. It may be awarded as punishment in following cases. (MPC Sec 302)
(1) Being under sentence of imprisonment for a term of twenty years
(2) With premeditation
(3) In the course of committing any offence punishable under this Code with imprisonment for a term which may
extend to seven years, shall be punished with death, and shall also be liable to fine
It may be awarded as punishment for the following offences.
(1) Punishment of high treason
(2) Abetment of mutiny
(3) Abetment of suicide of child or insane person
(4) Dacoity with murder
(5) Attempt to murder & Attempts by life convicts
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.
Conclusion
Maung Saw commits high treason which is punishable with death. The exception from punishable includes in
Section 94 excludes murder and offences against the Sate punishable with death. Therefore, his defends of
committing so because he has been threatened by the group is not legal.
12.Ko Soe commits giving false evidence in a case because of instigating by U Mg Mg. Does U Mg Mg commit
giving false evidence? Are U Mg Mg and Ko Soe liable to the same punishment as giving false evidence? Give your
answer with relevant provisions, illustration and cases. (Chapter 5)
No, U Mg Mg does not commit ‘giving false evidence’.
In the given condition, Ko Soe gives false evidence and U Mg Mg instigates Ko Soe.
Myanmar Penal Code Section 107 defines about abetment such as –

“ A person abets the doing of a thing, who-
First. -- Instigates any person to do that thing; or
Secondly.-- Engages with one or more other person or person in any conspiracy for the doing of that thing, if an act
or illegal omission takes place in pursuance of that conspiracy and in order the doing of that thing; or
Thirdly.-- Intentionally aids, by any act or illegal omission, the doing of that thing.”
A person is said to instigate another to an act, when he actively suggests or stimulates him to the act by any means if
language, direct or indirect, whether it takes the form of express solicitation, or of hunts, insinuation or
encouragement. The word "instigate" means to good or urge forward or to provoke, incite, urge or encourage doing
an act. There must be seasonable certainly in regard to the meaning of the word as usual by the 'inciter' but the actual
words need not be proved.
Moreover, section (108) of Criminal Law prescribes that a person abets an offence, who, or abets either the
commission of an offence the commission of an act which would be an offence, if committed by a person capable by
law of committing an offence with the same intention or knowledge as that of the abettor.
Therefore, U Mg Mg is an abettor and he commits abetment. U Mg Mg does not commit offence of giving false
evidence.
For the second part of question,
Yes, U Mg Mg and Ko Soe liable to the same punishment as giving false evidence.
Under section 109, whoever abets any offence shall, if the act abetted is committed in consequence of the abetment,
and no express provision is made by this Code for the punishment of such abetment, be punished with the
punishment provided for the offence.
Explanation
An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the
instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.
(1) A instigates B to give false evidence. B, in consequences of the instigation, commits that offence A is guilty of
abetting that offence, and is liable to the same punishment as B.
Under this Section the abettor is liable to the same punishment as that which may be infected on the principle
offender;
(1) if the act of the latter is committed in consequence of the abetment, and
(2) no express provision is made in the Code for the punishment of such an abetment.
Therefore, U Mg Mg and Ko Soe liable to the same punishment as giving false evidence.
13.Myo Aaung' gave grave and sudden provocation to ;Aung Moe'. 'Aung Moe' on this provocation fired a pistol at
'Myo Aung'neither intending nor knowing to be likely to kill 'Zaw Zaw' who was near 'Myo Aung'. As a result, Zaw
Zaw was killed. Which offence does Aung Moe commit? Give your answer with relevant provision, explanation and
illustrations. (Chapter 8)
Aung Moe commits the offence of culpable homicide not amounting to murder.
In the condition,'Myo Aaung' gave grave and sudden provocation to ;Aung Moe'. 'Aung Moe' on this provocation
fired a pistol at 'Myo Aung'neither intending nor knowing to be likely to kill 'Zaw Zaw' who was near 'Myo Aung'.
As a result, Zaw Zaw was killed.
According to Section 299 of the Penal Code Culpable homicide means;
(1) Whoever causes death by doing an Act with the intention of causing such bodily injury as is likely to cause death
commits the offence of culpable homicide not amounting to murder.
(2) Whoever causes death by doing an Act with the intention of causing death, or with the intention of causing such
bodily injury as in fact is sufficient in the ordinary course of nature to cause death, commits the offence of culpable
homicide not amounting to murder in any of the following cases :-
(A) If he, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the
person who gave the provocation, or causes the death of any other person by mistake or accident:
(B) If he, in the exercise in good faith of the right of private defence of person or property, exceeds the power given
to him by law and causes the death of the person against whom he is exercising such right of defence without
premeditation and without any intention of doing more harm than is necessary for the purpose of such defence.
(C) If he, being a public servant or aiding a public servant for the advancement of public justice, exceeds the powers
given to him by law and causes death by doing an act which he, in good faith, believes to be lawful and necessary
for the due discharge of the duty of such public servant and without ill-will towards the person whose death is
caused.
(D) If he, acts without premeditation in a sudden fight the heat of passion upon a sudden quarrel and without having
taken undue advantage or acted in a cruel or unusual manner.
(E) If he, causes the death of a person who is above the age of eighteen years and who suffers death or takes the risk
of death with his own consent.
In the meaning of grave and sudden provocation provided in above section;
If he, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person
who gave the provocation, or causes the death of any other person by mistake or accident:
Provided –
firstly - that the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing
harm to any person;
secondly - that the provocation is not given by anything done in the lawful exercise of the right private defence.
Explanation
Whether provocation is was grave and sudden enough to deprive the offender of the power of self-control is a
question of fact.
Illustrations for given occasion as mentioned in section 299
'Y' gives grave and sudden provocation to 'A'. 'A', on this provocation fires a pistol at Y, neither intending nor
knowing him to be likely to kill 'Z' who is near him, but out of sight 'A' Kills Z. Here, 'A' has not committed murder,
but murder, but merely culpable homicide.
Therefore, Aung Moe is said to commit culpable homicide not amounting to murder.
14.U Aung, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to U
Zaw, destroys those effects, with the intention of thereby preventing U Zaw from obtaining satisfaction of the debt,
and of thus causing damage to U Zaw. Which offence does U Aung commit? Give your answer with relevant
provision, explanation and illustrations. (Chapter 9)
Answer
U Aung is said that he has committed the offence of ‘mischief'
Regarding mischief, it is defined in Section 425.
Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any
person, causes the destruction of any property, or any such change in any property or in the situation thereof as
destroys or diminishes its value or utility, or affects it injuriously, commits "mischief".
Explanation 1
It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner or
the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful
loss or damage to any person by injuring any property, whether it belongs to that person or not.
Explanation 2
Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that
person and others jointly.
Illustrations (3) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him
to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of
thus causing damage to Z, A has committed mischief.
15.Mg Hla, Mg Mya and Mg Phyu are playing cards in Mg Hla’s house. Daw Nyo, a neighbor of Mg Hla, gives
information to relevant police-station by phone. Is Daw Nyo’s complaint valid or not? Answer with relevant
provision and case. (Chapter 3)
Answer
Yes, Daw Nyo’s complaint is valid.
Mg Hla, Mg Mya and Mg Phyu are playing cards in Mg Hla’s house. Daw Nyo, a neighbor of Mg Hla, gives
information to relevant police-station by phone.
Provision
According to Section 154 of code of criminal procedure, Every information relating to the commission of a
cognizable offence, if given orally to an officer in charge of a police-station, shall be reduced to writing by him or
under his direction, and be read over to the informant; and' every such information, whether given in writing or
reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered' in
a book to be kept by such officer in such form as the President of the Union may prescribe in this behalf.
Since, Daw Nyo gives information to relevant police by phone, it is regarded as giving information orally. For police
side, Daw Nyo’s statement shall be recorded in writing and read over to Daw Nyo.
Case
U Soe Lin vs The Union of Burma
16.Ko Ko asked Aung Aung, “Who stole Bo Bo’s watch?” Aung Aung pointed to Zaw Zaw, intending to cause it to
be believed that Zaw Zaw stole Bo Bo’s watch. In this problem, which offence does Aung Aung commit? Is it
compoundable case or not? Give your answer with relevant provision and illustration. (8 & 10)
Answer
Aung Aung committed the offence of defamation.
In the problem, Ko Ko asked Aung Aung, “Who stole Bo Bo’s watch?” Aung Aung pointed to Zaw Zaw, intending
to cause it to be believed that Zaw Zaw stole Bo Bo’s watch.
Section 499 of Myanmar Penal Code, Whoever by words either spoken or intended to be read, or by signs or by
visible representations, makes or publishes any imputation concerning any person, intending to harm, or knowing or
having reason to believe that such imputation will harm, the reputation of such person, is said, except, in the cases
hereinafter excepted, to defame that person.
Illustration
A is asked who stole B's watch. A points to Z, intending to cause it to be believed that Z stole B's watch. This
defamation, unless it fall within one of the exceptions.
There are ten exceptions for section 499,
First exception
It is not defamation to impute anything, which is true concerning any person, if it be for the public good that the
imputation should be made or published. Whether or not it is for the public good is a question of fact.
Second exception
It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the
discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and
further.
Third exception
It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any
public question, and respecting his character, so far as his character appears in that conduct, and no further.
Fourth exception
It is not defamation to publish a substantially true report of the proceedings of a Court of Justice, or of the result of
any such proceedings.
Fifth exception
It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or
criminal, which has been decided by a Court of Justice or respecting the conduct of any person as a party, witness or
agent in any such case or respecting the character of such person, as far as his character appears in that conduct, and
no further.
Sixth exception
It is not defamation to express in good faith any opinion respecting the merits of any performance which its author
has submitted to the judgments of the public, or respecting the character of the author so far as his character appears
in such performance and no further. Seventh exception
It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful
contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such
lawful authority relates.
Eight exception
It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful
authority over that person with respect to the subject matter of accusation. Ninth exception
It is not defamation to make an imputation on the character of another provided that the imputation is made in good
faith for the protection of the interest of the person making if, or of any other person, or for the public good.
Tenth exception
It is not defamation to convey a caution in good faith, to one person against another, provided that such caution be
intended for the good of the person to whom it is conveyed, or of some person in whom that person in interested or
for the public good.
Punishments for defamation are described in section 500, 501 and 502 of Myanmar Penal Code.
It is a compoundable case.
Section 345 (1) of Criminal Procedure Code allowed some offences to compound; The offences punishable under
the section of the Penal Code specified in the first two columns of the table next following may be compounded by
the persons mentioned in the third column of that table:
MPC section 500, 501 and 502 may be compounded by the person defamed.
17. John, an English man committed adultery in the Republic of the Union of Myanmar and was taken action at a
Court. He defends that adultery is not an offence according to English law. Is his defence legal? Explain.
Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to
the provisions thereof, which he shall be guilty within the Republic of the Union of Myanmar.1
This Section deals with intra-territorial operation of the Code. It makes the Code universal in its application to every
person in any part of Myanmar for every act or omission contrary to the provisions of the Code.
Exemption
Following persons are exempted from taking action by criminal jurisdiction. They are Heads of the Foreign States,
Diplomatic and their staffs, Alien enemies, Foreign Armies stationed in Myanmar with the permission of the
Myanmar Government and also the war ships.
18. U Phyu, a Myanmar sailor, commits murder on the English ship, on which he was working, in the Red Sea. Is he
punishable under the Penal Code? Giver your answer with reasons.
Any person liable, by any law in force in the Union of Burma (Myanmar), to be tried for an offence committed
beyond the limits of Union of Myanmar shall be dealt with according to the provisions of this Code, for any act
committed beyond the Republic of the Union of Myanmar in the same manner as if such act had been committed
within the Republic of the Union of Myanmar.1
Illustration
19. Explain the term 'servant of the Government'.
The words "Servant of the Government" include all officers or servants continued, appointed or employed under the
authority of the Constitution, or by or under the authority of the President of the Union.4
20. Define the term 'Dishonestly'.
The words "valuable security" denote a document which is, or purports to be, document whereby any legal right is
created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies
under legal liability or has not a certain legal right.1
21. Explain the words 'valuable security'.
The words "valuable security" denote a document which is, or purports to be, document whereby any legal right is
created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies
under legal liability or has not a certain legal right.1
22. Explain the definition of 'Document'.
The word "document" denotes any matter expressed or described upon any substance by means of letters, figures or
marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.1
Explanation 1
It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the
evidence is intended, for or may be used in, a Court of Justice, or not.
23. What are the various punishments to which offenders are liable under the provisions of the Penal Code?
The principal object of punishment is the prevention of offences and the measure of punishment must, consequently,
vary from time to time according to the prevalence of a particular form crime and other circumstance. An amount of
severity may be very appropriate at one time, which would be quite uncalled for at another.
Whether the word used in the penal provision is "punishment" or "punishable" it is clear that on the conviction of a
person for the particular offence, the court is bound to award punishment.
There are five kinds of punishments in generally viz;
(1) death
(2) imprisonment for life or imprisonment for a term of twenty years
(3) imprisonment with hard labour
(4) forfeiture of property and

(5) fine.
24. Explain the death sentence.
Death is the highest form of punishment. It may be awarded as punishment in following cases.
(1) Being under sentence of imprisonment for a term of twenty years1.
(2) With premeditation.
extend to seven years, shall be punished with death, and shall also be liable to fine.
25. How many kinds of imprisonment and explain the rigorous imprisonment with example?
There are two kinds of imprisonments. They are:
(a) rigorous imprisonment, and
(b) simple imprisonment
Some of offences must only be convicted by rigorous imprisonment.
In the case of rigorous imprisonment the offender is put to hand labour such as grinding com, digging earth, drawing
water, cutting fire-
wood, bowing wool, etc., In the case of simple imprisonment, the offender is confined to jail and is not put to any
kind of work.
e.g Concealing with intent to facilitate design to wage war.1
Some kinds of offences, the offender should be convicted either rigourous imprisonment or simple imprisonment.
e.g Theft, Extortion
Voluntarily causing grievous hurt, voluntarily causing hurt, giving false evidence, Fabricating false evidence.
Some kinds of offences are simple imprisonment by this code.
e.g Public servant unlawfully engaging in tract, public servant unlawfully buying of bidding for property. Refusing
to answer public servant authorized to question.
Section 60 of Penal Code provide that-In every case in which an offender is punishable with imprisonment which
may be of either description, it shall be competent to the court which sentences such offender to direct in the
sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple or that
any part of such imprisonment shall be rigorous and the rest simple.
26. Explain the description of imprisonment for non-payment of fine.

In every case of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a
fine, whether with or without imprisonment, and in every case of an offence punishable with imprisonment or fine
or with fine only in which the offender is sentenced to a fine, it shall be competent to the court which sentences such
offender to direct by the sentence that in default of payment of the fine, the offender shall suffer imprisonment for a
certain term which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced
or to which he may be liable under a commutation of a sentence.1
27. Which persons are exempted from criminal liability?
The following persons are exempted from criminal liability.
(1) Nothing is an offence, which is done by a child, under seven years of age.1
(2) Nothing is an offence, which is done by a child above seven years of age, and under twelve, who has not attained
sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.1
(3) Nothing is an offence, which is done by a person who, at the time of doing it, by reason of unsoundness of mind,
is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.2
The above provision lays down the legal test of responsibility in cases of alleged unsoundness of mind. Under it a
person is exonerated from liability for doing an act is either incapable of knowing.
The accused is protected not only when, on account of insanity, he was incapable of knowing the nature of the act,
but also when he did not know either that the act was wrong or that it was contrary to law, although he might know
the nature of the act itself. He is, however, not protected if he knew that what he was doing was wrong, even if he
did not know that what he was doing was contrary to law even though he did not know that it was wrong.
(4)Nothing is an offence which is done by a person who, at the time of doing it is, by reason of intoxication,
incapable of knowing the nature of the act or that he is doing what is either wrong or contrary to law; provided that
the thing which intoxicated him was administered to him without his knowledge or against his will.1
Beside, In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who
does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would
have had if he had not been intoxicated, unless the thing which intoxicated, him was administered to him without his
knowledge or against his will.1
28. Explain the right of private defence of the property.
Right of private defence of the property is mentioned in the Section 97, 2nd para;
"The property, whether moveable or immoveable of himself or of any other person, against any act which is an
offence falling under the definition of theft, robbery, mischief or original trespass, or which is an attempt to commit
theft, robbery, mischief or Criminal trespass.
This Section specifies the extent to which the right of private defence can be exercised. Section 99 provides the
limitations. These two sections combined together lay down the principles of the right of private defence.
The second clause provides for the defence of property against an act which amounts to the commission of certain
offences.
Explanation 1 – A person is not deprived of the right of private defence against an act done or attempted to be done
by a public servant, as such, unless he knows, or has reason to believe, that the person doing the act is such public
servant.
Explanation 2- A person is not deprived of the right of private defence against an act done or attempted to be done
by the direction of a public servant unless he knows, or has reason to believe, that the person doing the act is acting
by such direction, or unless such person states the authority under which the acts, or if he has authority in writing,
unless he produces such authority if demanded.
29. Explain the act causing slight harm.
Nothing is an offence by reason that to causes, that it is intended to cause, to that it is known to be likely to cause,
any harm, if that harm is so slight that no person of ordinary sense and temper could complain of such harm.1
30. A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. Has
A committed offence?
Section 106 of Penal Code provides that if in the exercise of the right of private defence against an assault which
reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right
without risk of harm to an innocent person; his right of private defence extends to the running of that risk.
e.g A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence
without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob.
A commits no offence if by so firing he harms any of children.
31. What are judicial acts under the penal Code?
Each and every judicial act is exempted from criminal liability, Section (77) of the Penal Code, provided, that
nothing is an offence, which is, done by a judge when acting judicially in the exercise of any power which is, or
which in good faith he believes to be, given to him by law. Above exemption protect the criminal judges or officers
who act wrongfully in the exercise of their power with good faith. Moreover, section 78 can be seen as follows.
Nothing which is done is pursuance of, or which is warranted by the judgment or order of, a Court of justice, if done
which such judgment or order remains in force, is an offence, notwithstanding the Court may have had no
jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court
had such jurisdiction. This Section is merely a corollary to S.77. It affords to officers acting under the authority of a
judgment, or order of a count of justice. It differs from S.77 on the question of jurisdiction. Here, the officer is
protected in carrying out an order of a count, which may have no jurisdiction; whereas under S.77 the judge must be
acting within his jurisdiction to be protected by it. Mistake of law can be placed as a defence under this Section.
32. U Phyu instigates Mg Ni, a six years old child, to stab U Me, who is not in good terms with him. Accordingly,
Mg Ni stabs U Me and U Me dies. Discuss the criminal liability of U Phyu and Mg Ni.
Section 112 of Penal Code is stated that if the act for which the abettor is liable under the last preceding section is
committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for
each of the offences.
33. Explain briefly about the stages that lead to commission of a crime.
In every crime firstly; intention to commit it, secondly, preparation to commit it thirdly attempt commit it. If the
attempt fails the crime is not complete but the how punished the person attempting the act. An attempt to commit a
crime must be distinguished from an intention to commit it, and from preparation made for its commission.1
34. What elements are necessary to fulfill the requirements of Section 34 of the Penal Code?
When two or more persons agree to do or cause to be done-
(1) an illegal act, or
(2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy: Provided that
no agreement except an agreement to commit an offence shall amount to
a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in
pursuance thereof.1
35. Define the term 'intention'.
Intention is the direction of conduct towards the objects upon considering the motive, which suggest the choice.2
But the law does not takes choice of an intention without an act.3 Mere intention to commit an offence, not followed
by any act, cannot constitute an offence. The will is not to be taken for the deed, unless there be some external act
which shows that progress has been made in the direction of it, or towards maturing and affecting it.
36. Explain the preparation.
Preparation consists in devising or arranging the means or measures necessary for the commission of an offence.
The provisions of the section do not extent to make punishable as attempts, acts done in the mere stage of
preparation.
For example, A intends to feel poison to B, finding poison to do so is only preparation. It is not actionable. But a
person will be punishable according to criminal law, if he commits the following offences;
(1) High Treason.1
(2) Committing depredation on territories of power at peace with the state.
(3) Making preparation to commit dacoity.

37. Define the term 'abetment' under the Penal Code.
Definition of Abetment is provided as follows:
A person abets the doing of a thing, who –
firstly - instigates any person to do that thing; or
secondly - engages with one or more other person or persons in any conspiracy for the doing of that thing: if any act
or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing, or
thirdly - intentionally aids, by any act or illegal omission, the doing of that thing.1
38. What are the punishments for criminal conspiracy?
(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, rigorous imprisonment
for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of
such a conspiracy, be punished the same manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit in offence punishable as
aforesaid shall be punished with imprisonment of either description of a term not exceeding six months, or with fine
or with both.1
39. What is the punishment of abetment if person abetted does act with different intention from that of abettor?
Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express
provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for
the offence.1
Explanation
An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the
instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.
40. What punishment is provided for the person, who commits the misprision of High Treason?
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 forth with disclose the same, together with all particulars thereof known to
him, to a Judge, 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 liable to fine.1
41. What punishment is provided for the encouraging, habouring of comforting persons guilty of High Treason?
Whoever encourages harbours of comforts any person whom he knows or has reasonable grounds for believing to be
engaged in committing, High Treason shall be punished with imprisonment for a term of twenty years or with
rigorous imprisonment for a term, which may extend to ten years, and shall also be to liable fine.1
Exception - This provision does not apply to the case in which the person who harbours is the husband or wife of the
offender.
42. What are the offences against the State under the Penal Code?
The offences in this Chapter may be classified in the following four groups: -
(1) Unlawful assembly
(2) Rioting
(3) Promoting enmity between different classes
(4)Affray
43. What punishment is provided for abetment of act of insubordination by solider, sailor or airman?
Section 138. Whoever abets what he knows to be an act of insubordination by a member of the Defence Services,
shall, if such act of insubordinations be committed in consequence of that
abetment, be punished with imprisonment of either description for a term which may extend to six months, or with
fine, or with both.
44. What punishment is provided for the person, who commits the harbouring persons guilty of High Treason?
rigorous imprisonment for a term, which may extend to ten years, and shall also be to liable fine.1
offender.
45. What are the offences against the Public Tranquility?
The offences in this Chapter may be classified in the following four groups: -
(2) Rioting

(4)Affray
46.Distinguish between 'Affray' and 'Riot'.
"Affray differs from a riot in the sense that an "affray" may be committed by two persons where as a not requires, at
least, five persons, secondly an "affray" cannot be committed in a private place while a riot may take place
anywhere. Where a quarrel arose between four persons, stationed, at the entrance of a temple, for the purpose of
collecting fees, and three others, who wished to enter the temple without previous payment of the fee demanded it
was held that the offence committed was an affray, and not a riot.
47. Define the term 'Affray'.
The definition of 'affray' can be seen in Section 159 of the Penal code which states that when two or more persons
by fighting in a public place disturb the public peace, they are said to "commit an affray".
This Section requires three things –
1. Two or more persons must fight.
2. They must fight in a public place.
3. They must disturb the public peace.
Punishment for committing affray is provided in Section 160. It is as follows;
"Whoever commits an affray shall be punishment with imprisonment of either description for a term which may
extend to one month or with find which may extend to ten thousand kyats, or with both."
48. What are the offences affecting life?
Homicide is the killing of a human being. It is either
(a) Lawful homicide or simple homicide.
(b) Unlawful homicide.
Lawful homicide, or simple homicide, includes several cases falling under (the general exception). Unlawful
homicide includes several cases falling under this chapter.
Offence affecting life are following offences; -
(a) Culpable homicide
(b) Murder
(c) Rash or negligent homicide
(d) Suicide and abetment of suicide.

(e) murder, culpable, homicide, and attempt to Suicide.
(f) Causing of Miscarriage, Injuries to Unborn Children, Exposure of Infants and Concealment of Births and
Exposure and Abandonment of Child under Twelve Years, by parent or person having care of it.
49. Explain the punishment for murder.
Punishment for murder is provided in Section 302. It is as follow;
(1) Whoever commits murder –
(a) being under sentence of imprisonment for a term of twenty years, or
(b) with premeditation, or
(c) in the course of committing any offence punishable under this Code with imprisonment for a term which may
extend to seven years,
shall be punished with death, and shall also be liable to fine.
50. What elements include hurt of offences?
Of hurt offences include as follows:
(1) Hurt and
(2) grievous hurt
(3) Of wrongful restraint and wrongful confinement
(4) Of criminal force and assault
(5) Of kidnapping, abduction and forced labour
(6) Rape and
(7) Unnatural offence
51. How many kinds of grievous hurt are there?
There are (8) many kinds of grievous hurt
The following kinds of hurt are designated as "grievous".
firstly - emasculation.
secondary - permanent privation of sight of either eye.
thirdly - permanent privation of the having of either ear.

fourthly - privation of any member or joint.
fifthly - destruction or permanent impairing of the powers of any member of joint.
sixthly - permanent disfiguration of the head or face.
seventhly - fracture or dislocation of a bone or tooth.
eighthly - any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe
bodily pain or unable to follow his ordinary pursuits.2
52. How many kinds of voluntarily causing grievous hurts are there?
There are (6) Kinds of voluntarily causing grievous hurts.
Kinds of voluntarily causing grievous hurts are;
- Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act.1
- Voluntarily causing grievous hurt to extort confession or to compel restoration of property.2
- Voluntarily causing grievous hurt to deter public servant from his duty.3
- Act endangering life or personal safety of others.4
- Causing hurt by act endangering life or personal safety of others.5
- Causing grievous hurt by act endangering life or personal safety of others.6
53. What descriptions involve committing rape?
The definition of rape prescribes in Section 375 of Penal Code: A man is said to commit "rape" that, except in the
case hereinafter accepted, has sexual intercourse with a woman under circumstances falling under any of the five
following descriptions:2
firstly -against her will.
secondly -without her consent
thirdly -with her consent, when her consent has been obtained by putting her in fear of death or of hurt.
fourthly -with her consent, when the man knows that he is not her husband, and that her consent is given because he
believes that he is another man to whom she is or believes herself to be lawfully married.
fifthly -with or without her consent, when she is under sixteen years of age.
54. Explain the wrongful restraint.

Whoever voluntarily obstructs any person, so as to prevent that person from proceeding in any direction in which
that has a right to proceed, is said wrongful to restrain that person.
Exception the obstruction of a private way over land or water, which a person in good faith believes himself to have
a lawful right to obstruct is not an offence within the meaning of this Section.7
55. Explain the kidnappings provided in the Penal Code.
Whoever takes or entices any minor under fourteen years of age if a male, or under eighteen years of age if a female,
or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind
without the consent of such guardian, is said to kidnap such mirror or person from lawful guardianship.1
56. What punishment provided for unlawful compulsory labour?
Whoever unlawfully compels any person to labour against the will of that person shall be punished with
imprisonment of either description for a term which may extend to one year, or with fine, or with both.1
57. What punishment prescribed for kidnapping from the Republic of the Union of Myanmar?
Whoever conveys any person beyond the limits of the Union of Myanmar without the consent of that person, or of
some person legally authorized to consent on behalf of that person, is said to kidnap that person from the Union of
Myanmar.2
58. Explain the punishment for wrongful restraint and wrongful confinement.
Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term, which may extend
to one month, or with fine, which may extend to fifty thousand kyats, or with both.1
Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term,
which may extend to one year, or with fine which may extend to one year, or which may extend to one hundred
thousand kyats, or with both.2
In the Criminal Law, wrongful confinement for three or more days,3wrongful confinement for ten or more days,4
wrongful confinement in secret,5 wrongful confinement to extort property, or
constraint to illegal act,1 wrongful confinement to extort confession, or compel restoration of property,2are special
offences of wrongful confinement.
59. Explain the voluntarily causing grievous hurt.
Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is
grievous hurt, and if the hurt which he causes is grievous hurt, is said "voluntarily to cause grievous hurt".1
60. Explain the abetment of suicide.
In Section 306 "if any person commits suicide, whoever abets the commission of such suicide shall be punished with
imprisonment of either description for a term which may extend to ten years shall and also be liable to fine".1
Abetment of suicide is punishable under this section and attempt to commit suicide, under section 309.
61. What are the essential elements of the offence of theft?
The definition of theft is provided in Section 378 of Criminal Law. In order to constitute theft, five factors are
essentials.
Whoever
(1) intending to take dishonestly,
(2) any movable property
(3) out of the possession of any person,
(4) without that person's consent,
(5) moves that property in order to such taking is said to commit theft.
62. Distinguish between theft and extortion.
Extortion is thus distinguished from theft.
(1) Extortion is committed by the wrongful obtaining of consent. In theft the offender takes without the owner's
consent.
(2) The property obtained by extortion is not limited as in theft to moveable property only. Immoveable property
may be the subject of extortion.
(3) In extortion the property is obtained by intentionally putting a person in fear of injury to that person or to any
other, and thereby dishonestly inducing him to part with his property. In theft the element of force does not arise.
63. Answer and explain when theft is robbery.
Theft is "robbery" if, in order to the committing of the theft, or in committing the theft, or in carrying away or
attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to
cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt or of instant
wrongful restraint.2
64. Explain the punishment for robbery.
Whoever commits robbery shall be punished with rigorous imprisonment for a term, which may extend to ten years,
and shall also be liable to fine; and, if the robbery were committed on the highway between sunset and sunrise the
imprisonment may be extended to fourteen years.2
Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term; which may extend to
seven years, and shall also be liable to fine.1
If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other
person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment
for a term of twenty years, or with rigorous imprisonment for a term which may extend to ten years, and shall also
be liable to fine.2
This Section imposes severe punishment when hurt is caused in committing robbery.
65. Explain the criminal trespass.
Criminal trespass includes house-trespass, Lurking house-trespass by night, house breaking, other house trespass
and house breaking by night.
Definition of criminal trespass is provided in Section (441) of Criminal Law as follow:-
Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate,
insult or annoy any person in possession of such property, or having lawfully entered into or upon such property,
unlawfully remains therewith intent thereby to intimidate, insult or annoy any such person, or with intent to commit
an offence, is said to commit "criminal trespass".
66. Define mischief.
destroys or diminishes its value or utility, or affects it injuriously, commits "mischief".
67. Explain the definition of 'criminal trespass'.
68. State the punishment for defamatory.
Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or
with fine, or with both.1
Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of
any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or
with both.
Whoever sells or offers for sale printed or engraved substance containing defamatory matter, knowing that it
contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with
fine, or with both.1
69. Explain the words 'legal remuneration'.
Section 161 of Penal Code provides that; Whoever, being or expecting to be a public servant, accepts or obtains, or
agrees to accept, or attempts to obtain from any person, for himself or for any other person any gratification
whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for
showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person, or for
rendering or attempting to render any service or disservice to any person with the Union Parliament or the
Government or with any public servant, as such, shall be punished with imprisonment of either description for a
term which may extend to three years or with fine, or with both.
70. Explain the personating a public servant.
Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office, or
falsely personates any other person holding such office, and in such assumed character does or attempts to do any
act under colour of such office, shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine or with both.5
Mere personation is not an offence under this Section the person personating must do or attempt to do some act
under colour of the office of the public servant whom he personates.
71. Define the term 'gratification'.
The word "gratification" is not restricted to pecuniary gratifications, or to gratification estimable in money.
"Legal remuneration"
The words "legal remuneration" is not restricted to remuneration, which a public servant can lawfully demand, but
include all remuneration, which he is permitted by the Government to accept.
72. How many kinds of nuisance?
Nuisance is of two kinds: -

(1) Public nuisance
(2) Private nuisance
73. Define private nuisance.
A private nuisance is a civil wrong which establishes a tortious liability. It may be described as unlawful
interference with a person use or enjoinment of land or some right over, or in connection with it.
These kinds of nuisance concern with civil nature. Thus the case arising out of the private nuisance usually comes
under the law of tort.
The private nuisance because of its civil nature, mostly deals with cases under the law of tort.
Under the following circumstance: -
(1) The plaintiff must show that he has suffered a particular injury or damage beyond that which is suffered by the
public at large.
(2) Such injury must be direct. If a certain way is obstructed, but another is left open, then there will be no cause of
action.
(3) The injury must be of a substantial character.
74. What are the offences relating to Government Stamps?
Of offences relating to Government Stamps are : -
Counterfeiting Government Stamp, Having possession of instrument or material for counterfeiting Government
Stamp Sale of Counterfeit Government Stamp, Having possession of Counterfeit Government Stamp, Using as
genuine a Government Stamp known to be counterfeit, Effecting writing from substance bearing Government Stamp
or removing from document a stamp used for it, with intent to cause loss to Government, Using Government Stamps
known to have been before used. Erasure of mark denoting that stamp has been used.
75. What is punishment for counterfeiting coin?
Whoever counterfeits, or knowingly performs any part of the process of counterfeiting coin shall be punished with
imprisonment of either description for a term, which may extend to seven years, and shall also be liable to fine.1
76. What are the aims of the Narcotic Drugs and Psychotropic Substances Law?
Section 3. The aims of this Law are as follows:-
(a) to prevent the danger of narcotic drugs and psychotropic substances, which can cause degeneration of mankind,
as a national responsibility.
(b) to implement the provisions of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances.
(c) (c) to carry out more effectively measures for imparting knowledge and education on the danger of narcotic
drugs and psychotropic substances and for medical treatment and rehabilitation of drug Users.
(d) to impose more effective penalties on offenders in respect of offences relating to narcotic drugs and psychotropic
substances;
(e) to co-operate with the States Parties to the United Nations Convention, international and regional organizations
in respect of the prevention of the danger of narcotic drugs and psychotropic substances.
77. Explain the formation of the Central Body.
Section 4. The Government shall form the Central Body for the prevention of the of Narcotic Drugs and
Psychotropic Substances.
Section 5. In forming the Central Body –
(a) it shall consist of the Minister of the Ministry of Home Affair as Chairman and persons from the relevant
Ministry, Government departments and organizations as members;
(b) (b) the Vice-Chairmen, Secretary and Joint Secretary of the Central Body shall be determined.
78. What are the exemption provided in the Narcotic Drugs and Psychotropic Substances Law?
Section 28. The provisions of this Law shall not apply to the following cases: -
(a) production of narcotic drug or psychotropic substance and carrying out works or research thereof with the
consent of the relevant Ministry;
(b) (b) use, possession, transportation, transmission transfer, sale, import, export and external dealing in respect of
narcotic drug or psychotropic substance in the manner prescribed for the purpose of production, work of research or
medical treatment, with the consent of the relevant Ministry;
(c) (c) use, possession and transportation of a narcotic drug or psychotropic substance permitted by the Ministry of
Health under the direction of any registered medical practitioner, in accordance with the stipulations.
(d) Section 19. Rules, notifications, orders and directives issued under the Narcotics and Dangerous Drugs Law,
1974 which is repealed by this Law may continue applicable in so far as they are not inconsistent with this Law.
Section 30. For the purpose of carrying out the provisions of this Law –
(a) the relevant Ministry may issue rules and procedures with the approval of the Government;
(b) (b) the relevant Ministries and the Central Body may issue notifications, orders and directives as may be
necessary.
79. What are the aims of the Child Law 1993?
Section-3. The aims of this Law are as follows:
(a) to implement the rights of the child recognized in the United Nations Convention on the Rights of the Child;
(b) (b) to protect the rights of the child;
(c) to protect in order that children may enjoy fully their rights in accordance with law;
(d) (d) to carry out measures for the best interests of the child depending upon the financial resources of the State;
(e) (e) to enable custody and care of children in need of protection and care by the State or voluntary social workers
or non-governmental organizations;
(f) (f) to enable a separate trial of a juvenile offence and to carry out measures with the objective of reforming the
character of the child who has committed an offence.
80. What are the powers of Juvenile Court?
Section 43. The Juvenile Court has the following powers in respect of the trail of juvenile cases ;-
(a) may direct anyone who is present at the place of trial, including the child to leave the court at any time during the
trial of the case, if it is considered to be necessary in the interests of the child. If necessary, it may cause force to be
used in so directing to leave the court;
(b) may continue to try the case in the absence of the child, notwithstanding the stage of inquiry of trial of the case,
if it is considered that the presence in the court of the accused child is not necessary;
(c) may direct the parents or guardian in whose custody and care the child is at present, to attend every day on which
the sittings of the court are held.
(d) may allow inserting, and announcing of information revealing the identity of a child who is accused of having
committed an offence or a child who is participating as a witness in any case, in the radio, television, newspapers,
magazines journals and publications and displaying and making use of the photograph of the child, if it is believed
to be of benefit to the child;
(e) may direct the relevant Probation Officer to make inquiries and to submit a report of the personal history,
character, conduct, behaviour and environmental circumstances of the child and his parents or guardian;
(f) may, if it is considered appropriate inform the child or his parents or guardian of a gist of the report submitted by
the Probation Officer under sub-section (e) and allow the submission of evidence to the contrary.
Section 44. The Juvenile Court shall, before passing an order on a child who is found guilty, take into consideration
the following and pass an order which is reformative and which will be beneficial to the child : -
(a) the age and character of the child;
(b) the environmental circumstance of the child;
(c) the cause of committing the offence;

(d) the report submitted by the Probation Officer;
(e) other circumstances which are required to be taken into consideration in the interests of the child.
81. Who are the National Committees?
Section-4. The Government -
(a) shall form the National Committee on the Rights of the Child consisting of the following persons, in order to
implement effectively and successfully the provisions of this Law;
(i) Minister, the Ministry of Social Welfare, Relief and Resettlement ---------- Chairman
(ii) Heads of relevant Government departments Members and organizations ----------- Members
(iii) representatives from non-governmental Members organizations who are carrying out workin the interests of
children ------------ Members
(iv) voluntary social workers who are interested in the affairs of children --------------- Members
(v) a person assigned responsibility by the Secretary
Chairman ------------------ Secretary Chairman
(b) may determine the Deputy Chairman and Joint Secretary as may be necessary in forming the Committee.
(c) may determine the tenure of the Committee.
82. How do you go to appeal and revision from the order of the Juvenile Court?
Section 49.
(a) There shall be right of appeal or right of revision in accordance with the provisions of the Code of Criminal
Procedure against the order or decision passed under this Law by the juvenile Court;
(b) If a sentence of imprisonment is passed on the child by a juvenile Court, or Appellate Court or Court of
Revision, a copy of the sentence shall be sent to the Ministry.
83. Explain the term 'the summons and warrant cases'.
Summons case
Summons case means a case relating to an offence, and not being a warrant case.
Warrant case
warrant-case" means a case relating to an offence punishable with death, transportation or imprisonment for life or
imprisonment for a term of unlimited period or imprisonment for a term exceeding six months as provided in the
relevant Law.2
84 Explain the term 'cognizable offence'.
'Cognizable offence' means an offence for, and 'cognizable case' means a case in, which a police-officer may, in
accordance with the second schedule or under any law for the time being in force, arrest without warrant.
Provided that the President of the Union may, by notification declare that any offence punishable under sections
186, 188, 189, 190, 228, 295 A, 298, 505, 506 or 507 of the Penal Code, when committed in any area specified in
the notification, shall be cognizable.1
85. What facts are included in investigation?
'Investigation' includes all the proceedings under this Code for the collection of evidence conducted by a police-
officer or by any person (other than a Magistrate on this behalf) who is authorized by a Magistrate in this behalf.1
86. Define the term 'complaint'.
'Complaint' means the allegation made orally or in writing to a magistrate, with a view to his taking action under this
Code that some person, whether known or unknown, has committed an offence, but it does not include the report of
a police-officer.1
87. Discuss Juvenile Courts under the organization of Court after 1988.
On 18th September 1988, the State Law and Order Restoration Council took over the power of the State. It
abolished the Phithu Hluttaw and various responsible councils.
Council of People's Justice and Central Court were abolished and the Supreme Court has been established by the
Judiciary Law 1988.
Supreme Court is the highest judicial organ, former People's Court was abolished and various levels Courts were
presided by Judges who were former judicial officers. Subordinate Court were as follows:
-State/Division Court
-Township Courts
Besides the ordinary Courts of law, there are some Juvenile Courts and Municipal Courts. Under the Judiciary Law
2000 the following Courts were established in the Republic of the Union of Myanmar;
(a) The Supreme Court
(b) The State (or) Divisional Courts

(c) The District Courts
(d) The Township Courts
88. What are the Judicial Committees under the Revolutionary Council?
The State Law and Order Restoration Council enacted the Child Law of 1993. In accordance with the Child Law,
Township Courts were conferred with powers to try Juvenile offences. To try juvenile cases occurred at 20
townships in Yangon City Development Area, a separate Juvenile Court (Yangon) has been constituted. To try
juvenile cases occurred at 5 townships in Mandalay City Development Area, a separate Juvenile Court (Mandalay)
has been constituted.
89. What do you understand the word 'Public Prosecutor'?
'Public Prosecutor' means any person appointed under section 492, and includes any person acting under directions
of Public Prosecutor and any person conducting a prosecution on behalf of the State in the High Court in the
exercise of its original criminal jurisdiction.1
90. How many processes are there to compel appearance?
(A) Summons
(B) Warrant of Arrest
(C) Proclamation and Attachment
91. What is Summons?
Summons is a document issued from the office of a Court of justice, calling upon the person to whom it is directed
to attend before a judge or officer of the Court on the day mentioned therein.
Section 68. (1) Every summons issued by a Court under this Code shall be in writing in duplicate, signed and scaled
by the presiding officer of such Court or by, such other officer as the High Court may, from time to time, by rule,
direct.
92. Explain the procedure of arrest by private persons.
Section 59. (1) Any private person may arrest any person who in his view commits a non-bailable and cognizable
offence, or any proclaimed offender, and without unnecessary delay shall make over any person so arrested to a
police-officer, or, in the absence of a police-officer, take such person or cause him to be taken in custody to the
nearest police-station.
(2)If there is reason to believe that such person comes under the provisions of section 54, a police-officer shall re-
arrest him.
(3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a
police-officer to give his name and residence, or gives a name or residence which such officer has reason to believe
to be false, he shall be dealt with under the provisions of section 57. If there is no sufficient reason to believe that he
has committed any offence he shall be at once released.
93. Define the term 'information in non-cognizable case'.
Section 155. (1) When information is given to an officer in charge of a police-station of the commission within the
limits of such station of a non-cognizable offence, he shall enter in a book to be kept as aforesaid the substance of
such information and refer the informant to the Magistrate.
(2)No police-officer shall investigate a non-cognizable case without the order of a Magistrate of the first or second
class having power to try such case or commit the same for trial.
(3) Any police-officer receiving such order may exercise the same powers in respect of the investigation (except the
power to arrest without warrant) as an officer in charge of a police-station may exercise in a cognizable case.
94. What is confession?
The words confession has not been defined any where in the Act. A confession is an admission, made at any time by
any person charged with the crime stating or suggesting an inference that he committed the crime.
Section 164 (1) Any Magistrate of the first class and any Magistrate of the second class specially empowered in this
behalf by the President of the Union may, if he is not a police-officer, record any statement or confession made to
him in the course of an investigation under this Chapter or at any true after wards before the commencement of the
inquiry or tired.
95. How many kinds of trial under the Criminal Procedure Code?
There are three kinds of trial;
(a) Summons trial-
(b) Warrant trial, and
(c) Summary trial
96. What must the charge contain?
'Charge' includes any head of charge when the charge contains more heads than one.2
97. Who can be charged jointly?
Section 239.The following persons may be charged and tried together, namely-
(a) persons accused of the same offence committed in the course of the same transaction.
(b) persons accused of an offence and persons accused of abetment or an attempt to commit such offence.
(c) persons accused of more than one offence of the same kind. Within the meaning of section 234 committed by
them jointly within the period of twelve months;
(d) persons of different offences committed in the course of the same transaction.
(e) persons accused of an offence which includes theft, extortion, or criminal misappropriation, and persons accused
of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to
have been transferred by any such offence committed by the first-named persons, or of abetment of or attempting to
commit any such last-named offence,
(f) persons accused of offences under sections 411 and 414 of the Penal Code or either of those sections in respect of
stolen property the possession of which has been transferred by one offence, and
(g) persons accused of any offence under Chapter XII of the Penal Code relating to counterfeit coin, and persons
accused of arty other offence under the said Chapter relating to the same coin or of abetment of or attempting to
commit any such offence; and the provisions contained in the former part of this Chapter shall, so far as may be,
apply to all such charges.
98. When may more persons than one be tried together in the same trial?
99. What is the power of direct admission to bail or reduction of bail?
Section 498. (1)The High Court or Court of Session may in any case, whether there be an appeal on conviction or
not, direct that any person be admitted to bail, or that the required by a police officer or Magistrate be reduced.
2 The amount of every bond executed under this Chapter shall’ having due regard to the circumstances of the case,
not be excessive.
Provided that no person shall be admitted to bail under this section, unless the Attorney-General of the District
Magistrate, as the case may be, has had an opportunity of being heard.
Section 233 For every distinct offence of which tow person is accused there shah be a separate charge, and every
such charge shall be tried separately, except in the cases mentioned in sections 234, 235, 236 and 239.
100. What factors are taken into account when considering the application for the grant of bail?
Section 496.When any person other than a person accused of a non-bail able offence is arrested or detained without
warrant by an officer in charge of a police - station or by an investigating officer not below the rank of head
constable or appears or is brought before a Court, and is prepared at any time while in the custody or such officer or
at any stage of the proceedings before such Court to give bail, such person shall be released on bail Provided that
such officer or Court. if he or it thinks fit, may, instead of taking bail from such person, discharge him on his
executing a bond without sureties for his appearance as hereinafter provided; Provided further, that nothing in this
section shall be deemed to affect the provisions of section 107, sub-section (4), or section 117, sub-section (3).
101. Explain the term "appeals".
The word 'appeal' means the right of carrying a particular case from an inferior to a superior court with a view to
ascertain whether the judgment is a sustainable. An appeal is a creature of statute and only exists where expressly
given.
102. Define the term "reference" and "revision".
Reference
The reference can be made only on the validity of any Act or any provision thereof or on a question of law and must
in the hearing of a case.
Revision
The revision; jurisdiction can be exercised by the High Court exercises the jurisdiction either of itself or which
otherwise comes to knowledge it can exercise any of the powers which are conferred on an appellate Court.
Section 406. Any person who has been ordered under section 118 to give security for keeping the peace or for good
behaviour may appeal against such order to the Court of Session:
103. Has the District Magistrate power to transfer of Criminal case?
Any District Magistrate or Sub-divisional Magistrate may withdraw any case from, or recall any case which he has
made over to. any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for
inquiry or trial to any other such Magistrate competent to inquire into try the same.
104. Define the defamation.
Whoever by words either spoken or intended to be read, or by signs or by visible representations, markers or
publishes any imputation concerning any person, intending to harm, or knowing or having reason to believe that
such imputation will harm, the reputation of such person, is said, except, in the cases hereinafter excepted, to defame
that person.1
105.What are the punishments for murder?

(2) Whoever commits murder in any other case shall be punished with imprisonment for a term of twenty years, or
with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.1
106.Define the following term.
(a) Wrongful gain and wrongful loss
(b) Fraudulently
(c) Oath.
Wrongful gain
"Wrongful gain" is gain by unlawful means of property to which the person gaining is not legally entitled.2
Wrongful loss is the loss by unlawful means of property to which the person losing it is legally entitled.
A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires
wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property as well as
when such person is wrongfully deprived of property.
Fraudulently"
A person is said to do a thing "Fraudulently" if he does that thing with intent to defraud but not otherwise.2
Oath
The word "oath" includes a solemn affirmation substituted by law, for an oath, and any declaration required or
authorized by law to be made before a public servant or to be used for the purpose of proof, whether in a Court of
Justice or not.3
107.Does the person have right of private defense of the property?
Right of private defence of the property is mentioned in the Section 97, 2nd para;
"The property, whether moveable or immoveable of himself or of any other person, against any act which is an
offence falling under the definition of theft, robbery, mischief or original trespass, or which is an attempt to commit
theft, robbery, mischief or Criminal trespass.
This Section specifies the extent to which the right of private defence can be exercised. Section 99 provides the
limitations. These two sections combined together lay down the principles of the right of private defence.
The second clause provides for the defence of property against an act which amounts to the commission of certain
offences.
108.High Treason is an offence against State.” Comment.
High Treason
The definition of High Treason is given in Section 121 of the Penal Code. It is as follows:
Whoever wages war against the Union of Myanmar 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 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.
109.Define the meaning of Criminal Law.
Criminal Law is enacted by English Government on 1st May, 1861. After the independence of Myanmar in 1948,
this law has been translated by the Myanmar Law Translation Committee from English to Myanmar Language. It
includes 33 Chapters and 511 Sections. The main provisions of this Law are Offences, Punishments and General
Exceptions.
Short Questions
110. What are the acts which there are no right of private defence?
There is no right of private defence against an act which does not reasonably cause the
apprehension of death or of grievous hurt, if done or attempted to be done by the direction of a
public servant acting in good faith under colour of his office though that direction may not be
strictly justifiable by law.
There is no right of private defence in cases in which there is time to have recourse to the
protection of the public authorities.
purpose of defence.
111.Define the term ‘Intention’.
I would like to define as follows Intention is the direction of conduct towards the objects
upon considering the movies, which suggest the choice. But the law does not takes choice of an
intention without an act. Mere intention to commit an offence, not followed by any act, cannot
constitute an offence. The will is not to be taken for the deed, unless there be some external act
which shows that progress has been made in the direction of it, or towards maturing and affecting
it.
112. How many stages are there to commit the crime?
Three stages are commit the crime. There are In every crime firstly; intention to commit it,
secondly, preparation to commit it thirdly attempt commit it. If the attempt fails the crime is not
complete but the how punished the person attempting the act. An attempt to commit a crime must
be distinguished from an intention to commit it, and from preparation made for its commission.
113.Which punishment award for abetment?
the offence.1
114.What are the difference between affray and riot?
"Affray differs from a riot in the sense that an "affray" may be committed by two persons where as a
not requires, at least, five persons, secondly an "affray" cannot be committed in a private place while
a riot may take place anywhere. Where a quarrel arose between four persons, stationed, at the
entrance of a temple, for the purpose of collecting fees, and three others, who wished to enter the
temple without previous payment of the fee demanded it was held that the offence committed was
an affray, and not a riot.
115. How many kinds of voluntarily causing grievous hurts are there?
Kinds of voluntarily causing grievous hurts are;
- Voluntarily causing grievous hurt to extort property, or to constrain to an
illegal act.
- Voluntarily causing grievous hurt to extort confession or to compel

restoration of property.
- Voluntarily causing grievous hurt to deter public servant from his duty.
- Act endangering life or personal safety of others.
- Causing hurt by act endangering life or personal safety of others.
- Causing grievous hurt by act endangering life or personal safety of others.
116. What punishment prescribes for kidnapping from the Republic of the Union of Myanmar?
Kidnapping is of two kinds; Kidnapping from the Union of Myanmar, and
kidnapping from lawful guardianship.
117. How do you understand ‘Legal remuneration’?
The words "legal remuneration" is not restricted to remuneration, which
a public servant can lawfully demand, but include all remuneration, which he is
permitted by the Government to accept.
118. What factors are taken into account when considering the application for the grant of bail?
In the former class, the grant of bail is a matter of course. It may be
either by the police-officer in charge of a police station having the accused in
his custody or by the court. The release may be ordered on the accused
executing a bond and even without sureties.
119. What is mischief?
Whoever, with intent to cause, or knowing that he is likely to
cause, wrongful loss or damage to the public or to any person, causes the
destruction of any property, or any such change in any property or in the
situation thereof as destroys or diminishes its value or utility, or affects it
injuriously, commits "mischief".

120.Explain briefly about the stages that lead to commission of a crime.
121.What are the punishments for criminal conspiracy?
(2) an act which is not illegal by illegal means, such an
agreement is designated a criminal conspiracy:
Provided that no agreement except an agreement to commit an offence shall amount to a criminal
conspiracy unless some act besides the agreement is done by one or more parties to such agreement
in pursuance thereof.
122.Distinguish between 'Affray' and 'Riot'.
123.Define mischief.
Section 425. Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or
damage to the public or to any person, causes the destruction of any property, or any such change in
any property or in the situation thereof as destroys or diminishes its value or utility, or affects it
injuriously, commits "mischief".
124.What are the aims of the Child Law 1993?

(a) to implement the rights of the child recognized in the United Nations
Convention on the Rights of the Child;
(b) to protect the rights of the child;
(d) to carry out measures for the best interests of the child depending upon the financial resources of
the State;
(e) to enable custody and care of children in need of protection and care by the
State or voluntary social workers or non-governmental organizations;
(f) to enable a separate trial of a juvenile offence and to carry out measures with the objective of
reforming the character of the child who has committed an offence.
125. Explain the term 'servant of the Government'.
The word "Public Servant" denotes a person falling under any of the descriptions hereinafter
following namely: -
First Every Covenanted Servant of the Government: -
Second Every Commissioned Officer in the Military, Naval or Air Forces of the State:
Third Every Judge:
Fourth Every officer of a Court of Justice whose duty it is, as such officer to investigate or report on
any matter of law or fact, or to make, authenticate, or keep any document, or take charge or dispose
of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to
preserve order in the Court: and every person specially authorized by a Court of Justice to perform
any of such duties:
In every case of an offence punishable with imprisonment as well as fine, in which the offender is
sentenced to a fine, whether with or without imprisonment, and in every case of an offence
punishable with imprisonment or fine or with fine only in which the offender is sentenced to a fine, it
shall be competent to the court which sentences such offender to direct by the sentence that in default
of payment of the fine, the offender shall suffer imprisonment for a certain term which imprisonment
shall be in excess of any other imprisonment to which he may have been sentenced or to which he
may be liable under a commutation of a sentence.
127.What are judicial acts under the penal Code?
Each and every judicial act is exempted from criminal liability, Section (77) of the Penal Code,
provided, that nothing is an offence, which is, done by a judge when acting judicially in the exercise
of any power which is, or which in good faith he believes to be, given to him by law.
Above exemption protect the criminal judges or officers who act wrongfully in the exercise of their
power with good faith. Moreover, section 78 can be seen as follows.
Nothing which is done is pursuance of, or which is warranted by the judgment or order of, a Court of
justice, if done which such judgment or order remains in force, is an offence, notwithstanding the
Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act
in good faith believes that the Court had such jurisdiction.
128. What punishment prescribed for kidnapping from the Republic of the Union of Myanmar?
Whoever conveys any person beyond the limits of the Union of Myanmar without the consent of that
person, or of some person legally authorized to consent on behalf of that person, is said to kidnap
that person from the Union of Myanmar.
129. Explain the words 'legal remuneration'.
The words "legal remuneration" is not restricted to remuneration, which a public servant can lawfully
demand, but include all remuneration, which he is permitted by the Government to accept.
I would like to define as follows 'intention' is the direction of conduct towards the objects upon
considering the movies, which suggest the choice. But the law does not takes choice of an intention
without an act. Mere intention to commit an offence, not followed by any act, cannot constitute an
offence. The will is not to be taken for deed, unless there be some external act which shows that
progress has been made in the direction of it, or towards maturing and affecting it.
A private nuisance is a civil wrong which establishes a tortious liability. It may
be described as unlawful interference with a person use or enjoinment of land or some right over, or
in connection with it.
These kinds of nuisance concern with civil nature. Thus the case arising out of the private nuisance
usually comes under the law of tort.
Under the following circumstance: -
(1) The plaintiff must show that he has suffered a particular injury or damage beyond that which is
suffered by the public at large.
(2) Such injury must be direct. If a certain way is obstructed, but another is left open, then there will
be no cause of action.
(3) The injury must be of a substantial character.
133.Explain the term 'servant of the Government'.
The word "Public Servant" denotes a person falling under any of the descriptions hereinafter
following namely: -
Second Every Commissioned Officer in the Military, Naval or Air Forces of the State:
Third Every Judge:

Fourth Every officer of a Court of Justice whose duty it is, as such officer to investigate or report on
any matter of law or fact, or to make, authenticate, or keep any document, or take charge or dispose
of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to
preserve order in the Court: and every person specially authorized by a Court of Justice to perform
any of such duties:
Whether the word used in the penal provision is "punishment" or
"punishable" it is clear that on the conviction of a person for the
particular offence, the court is bound to award punishment.
(1) death
(2) imprisonment for life or transportation
(5) fine.
(1) Being under sentence of transportation for life.
(2) With premeditation.3
(3) In the course of committing any offence punishable under this Code with imprisonment for a
term which may extend to seven years, shall be punished with death, and shall also be liable to fine.
136. What are the offences against the State under the Penal Code?
Offences against the State punished with death, done with fear of instant death, but fear of hurt or
even of grievous hut is not a sufficient justification. Mere mean of future death will not be sufficient.
Except where unsoundness of mind is probed or real fear of instant death is proved, the burden of
proof being or the prisoner, pressure of temptation is not an excuse for breaking the law.
137. What are the acts which there are no right of private defence?
There is no right of private defence against an act which does not reasonably cause the apprehension of
death or of grievous hurt, if done or attempted to be done by the direction of a public servant acting in
good faith under colour of his office though that direction may not be strictly justifiable by law.
There is no right of private defence in cases in which there is time to have recourse to the protection of
the public authorities.
The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict
for the purpose of defence.
138. Define the term ‘Intention’.
I would like to define as follows Intention is the direction of conduct towards the objects upon
considering the movies, which suggest the choice.2 But the law does not takes choice of an intention
without an act.3 Mere intention to commit an offence, not followed by any act, cannot constitute an
offence.4 The will is not to be taken for the deed, unless there be some external act which shows that
progress has been made in the direction of it, or towards maturing and affecting it.
Three stages are commit the crime. There are In every crime firstly; intention to commit it, secondly,
preparation to commit it thirdly attempt commit it. If the attempt fails the crime is not complete but the
how punished the person attempting the act. An attempt to commit a crime must be distinguished from an
intention to commit it, and from preparation made for its commission.
124. Which punishment award for abetment?
the offence.1
140. What are the difference between affray and riot?

6101- SHORT QUESTION
141. Answer an explain the provision of criminal misappropriate with illustrations.
Whoever dishonestly misappropriates or converts to his sown use any moveable property shall be punished with
imprisonment of either description for a term, which may extend to two years, or with years, or with fine, or with
both . (Section 403 of Penal Code.)
Illustrtions
(a) A takes property belonging to Z out of Z's possession in good faith , believing at the time when he takes, it, that
the property belongs to himself. A is not guilty of theft; but it A, after discovering his mistake, dishonestly
appropriates the property to his own use; he is guilty of an offence under the Section.
(b) A, being on friendly terms with Z, goes into Z's librry in Z's absence, and takes away a book without Z's express
consent. Here , if A was under the impresion that he had Z's implied consent to takethe book for the purpose of
reading it, has not committed theft. But, if A after wards sells the book for his own benefit, he is guilty of an offence
under this Section.
(c) A and B being joint owners of a horse, A takes the horse out B's possession, intnding to use it. Here, as A has a
right to use the horse, he does not dishonestly misappropriate it. But, if A sells the horse and appropriate the whole
proceeds to his own use, he is guilty of an offence under this Section.
142. Distinguish between 'Affray' and 'Riot'.
"Affray differs from a riot in the sense that an " affray" may be committed by two persons where as a not requires, at
least , five persons, secondly an "affray" cannot be committed in a private place while a riot may take a place
collectiong fees, and three others, who wished to enter the temple withoout previous payment of the fee demand it
143. Define mischief.

Section 425. Whoever, with intent to cause, or knowing that he is likely to casuse, wrongful loss or damage to the
public or to any person, causes the destruction of any property, or any such change in any property or in the situation
thereof as destroys or diminishers its value or utility, or affects it injuriously, commits " mischief".
A private nuisance is a civil wrong which establishes a tortious liability. It may be described as unlawful
interference with a person use or enjoinment of land or some right over, or in connection with it.
These kinds of nuisance concern with civil nature. Thus the case arising out of the private nuisance usually comes
under the law of tort.
Under the following circumstance:-
(1) The plaintiff must show that he has suffered a particular injury or damage beyound that which is suffered by the
public at large.
(2) Such injury must be direct. If a certain way is obstructed, but another is left open, then there will be no cause of
action.
(3) The injury must be of a substaintial character.
Intention is the direction of conduct towards the objects upon considering the movies, which suggest the choice. But
the law does not takes choice of an intention without an act. Mere intention to
commit an offence, not followed by any act, cannot constitute an offence. The will is not to be taken for the deed,
unless there be some external act which shows that progress has been made in the direction of it, or towards
maturing and affecting it.
146. Define the following terms: -
(a) wrongul gain and wrongful loss
Section 23. "Wrongful gain" is gain by unlawful means of property to which the person gaining is not legally
entitled. "Wrongful loss" is the loss by unlawful menas of proprty to which the person losing it is legally entitled.
(b) dishonestly
Section 24. Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to
another person is said to do that thing dishonesty".
(c) fraudulently
Section 25. A peron is said to do a thing " Fraudulently " if he does that thing with intent to defraud but not
otherwise.
147. Define High Treason.
The definition of High Treason is given in Section 121 of the Penal Code. It is a follows:
incities or conspires with any person within or without the Union to wagewar against the Union or any constituent
unit thereof or attempts or otherwise prepares by force of arm or other violent means to overthrow the organs of the
with any person within or without
the Union to make or to take part or be concermed in any such attempt shall be guilty of the offence of High
Treason.
148. Distinguish between theft and extortion.
Extortion is thus distinguished from theft
(1) Extortion is committed by the wrondful obtaining of consent. In theft the offender takes without the owner's
consent.
(3) In extorting the property is obtained by intentionally putting a person in fear of injury to that person or to any
other, and thereby dishonestly inducing him to part with his property . In theft the element of force does not arise.
149. Define the term 'public servant'.
The word "Public Servant" denotes a person falling under any of the descriptons hereinafter following namely: -
Second Every Commissioned Officer in the Military, Naval or Air Force of the State:
Third Every Judge:
Fourth Every Officer of a Court of Justice whose duty it is , as such officer to investigate or report on matter of law
or fact, or to make, authenticate, or keep any document, or take charge or dispose of any property, or to execute any
judicial process, or to administer any oath, or to interpret, or to preserve order in the Court: and every person
specially authorized by a Court of Justive to perform any of such duties:
Fifth Every juryman, assessor, or member of a Village committee assisting a Court of Justice or public servant:
Sixth Every arbitrator or other person to whom any cause of matter has been referred for decision or report by any
Court of Justive, or by any other Competent Public Authority:
Seventh Every person who holds any offence by virtue of which he is empowered to place or keep any person in
confinement;
Eight Every officer of Government whose duty it is, as such officer, to prevent offences, to give information of
offences, to bring offenders to justive, or to protect the public heath, safety or convenience;
Ninth Every officer whose duty it is, as such officer, to take reveive keep or expend and property on behald of
Government, or to make any survey, assessment or contract or behalf of Government, or to execute any revenue-
process,keep any documentrelating to the pecuniary interests of Government, or to prevent the infraction of any law
for the protection of the pecuniary interests of Government , and every officer in the service or pay of the
Government or remunerated by fees or commission for the performance of any public duty (or every member of the
Government);
Tenth Every officer whose duty it is, as such officer , to take receive, keep or expend any property, to make any
survey or assessment, or to levy any rate or tax for any secular common purpose of any village town or district, or to
make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or
district ;
Eleventh Every person who holds any office in virtue of which he is empowered to prepare , publish maintain or
revise an electoral roll or to conduct and election or part of an election;
150. Explain the followings : (a) Wrongful restraint (b) Wrongful confinement.
(a) Wrongful restrint
Whoever voluntarily obstructs any person, so as to prevent that person from proceding in any direction in which that
has a right to proceed, is said wrongful to restrain that person.
Exception the obstruction of private way over land or water , which a person in good faith believes himself to have a
lawful right to obstruct is not an offence within the meaning of the Section. (Section 339 of Penal Code.)
151. Explain the provision of murder with cases.
The definition of "Murder" is prescribed to Section 300 of Penal Code. It is a follows, a whoever in the absence of
any circumstance which makes the act one of culpable homicide not amounting to murder, cause death by doing an
act with the intention of causing death, or with the intention of causing bodily injury as in fact is sufficient in the
ordinary, course of nature to death , commits the offence of murder, (Ratanla & Dhirajlal, India Penal Code, Section
300 of Penal Code. )
Explanation of culpable homicide is mentioned in Section 300 (A) . In Section 299 and 300: -
(a) a person who cause bodily unjury to another who is labouring under a disorder , disease or bodily infirmity, and
thereby accelerates the death of that other, shall be deemed to have casued his death.
(b) where death is caused by bodily injury, the offender's knowledge of the weakness or infirmity of the person on
whom the bodily injury is inflected is a relevant factor in proving the nature of his intention;
(c) the offender's knowledge that an act is so imminently dangerous taht it must in all probability cause death, or
such bodily injury as is likely to cause death, is a relevant factor in proving the nature of
his intention;
(d) where death is caused by bodily injury , the person who cuses such bodily injury shall be deemed to have caused
the death although by resorting peroper remedies and skillful treatement the death might have been prevented;
(e) the causing of the death of a child in the mother's womb is not homicide. But it may amount to culpable
homicide to cause the death of a living child if any part of that child has been brought forth thought the child may
not have breathed or been completely born.
In Indian Penal Code Section 64, Sentence of imprisonment for non-payment of fine is stated.
fine, in which the offenender is sentenced to a fine, whether with or without imprisonment, and in every case of an
offence punishable with imprisonment or fine , or ] with fine only, in which the offender is sentenced to a fine.
It shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment
of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment to which he may have
been sentenced or to which he may be liable under a commutation of a sentence.
153. Explain the term's servant of the Government'.
The words "Servant of the Government" include all officers or servants continued, appointed or employed under the
authority of the Constitution, or by or under the authority of the President of the Union.
The word "Public Servant" denotes a person falling under any of the descriptions hereinafter following namely:-
(1) First Every Covenanted Servant of the Government: -
(2) Second Every Commissioned Officer in the Military, Naval or Air Forces of the State:
(3) Third Every Judge:
(4) Fourth Every officer of a Court of Justice whose duty it is, as such officer to investigate or report on any
property, or to execute any judicial process, or keep any document, or take charge or dispose of any property, or to
execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court: and every
person specially authorized by a Court of Justice to perform any of such duties:

or with fine only in which the offender is sentenced a fine, it shall be competent to the court which sentences such
offender to direct by the sentences such offender to direct by the sentence that in default of payment of the fine, the
offender shall suffer imprisonment for a certain term which imprisonment shall be in excess of any other
imprisonment to which he may have been sentenced or to which he may be liable undr a commutation of a sentence.
What are the puishments for criminal conspiracy ?
(2) an act which is not illegal by illegal means, such an
agreement is designated a criminal conspiracy:
provided that no agreement except an agreement to commit an offence shall amount to a crimal conspiracy unless
some act besides the agreement is done by one or more parties to such agreement in pursuance therof.
156. Explain the words 'legal remuneration".
The words "legal remuneration" is not restricted to remuneration, which a public servant can lawfullyg demand, but
include all remuneration, which he is permitted by the Government to accept.
157. Explain the definition of 'abetment'.
Under Section 107 to 120 of Penal Code, when several persons take part in the commission of an offence, each one
of them may contribute in a manner and degree different from the others to the commission of it. The offence may
be committed by the hands of one person at the instigation of another person, while some other may only be present
for offering help at the time of commission of it, and still others may help the principal culprit in procuring the tolls.
It is necessary, therefore, to mark the nature and degree of participation of each of the persons to determine their
degree of culpability. However several gradations of action do not necessarily imply different measures of guilt with
a view to distinctions in punishment.
In every case of an offence punsihable with imprisonment as well as fine, in which the offender is sentenced to a
or with fine only in which the offenender is sentenced to a fine, it shall be competent to the court which sentences
such offender to direct by the sentence that in default of payment of the fine, the offender shall suffer imprisonment
for a certain term wich he may be liable under a commutation of a sentence.
Death is the highest from of punishments. It may be awarded as punishment in following cases.
(1) being under sentence of transportation for life.
(2) With premeditation.3
extend to seven yearsr, shall be puished with death, shall also be liable to fine.
160. How many kinds of trial are there under the Criminal Procedure Code ?
There are three kinds of traial under the Criminal Procedure Code.
(1) Summons trial
(2) Warrant trial, and
(3) Summary trial
There stages are commit the crime. There are in every crime firsly; intention to commit it, secondly, preparation to
commit it thirdly attempt commit it . If the attempt fails the crime is not complete but the how punished the person
attempting the act. An attempt to commit a crime must be distinguished from an intention to commit it, and from
preparation made for its commission
162. John , an English committed adultery in the Republic of the Union of Myanmar and was taken action at a court.
He defended that adultery is not an offence according to English law. Is his defence legal ? Explain.
John, an English committed adltery in the Republic of the Union of Myanmar and was taken action at a court. He
defended that adultery is not an offence according to English law, Is his defence legal ?
John, an English is not committed adultery according to English law. Because he is not citizen of the Republic of the
Union of Myanmar.
According to Section 497 of the Penal Code, "A" who is the citizen of Myanmar , commits adltery in England.
Adultery is not a crime in England. But "A" can be taken action, which is the Criminal Law of Myanmar Naingngan.
163. Sami. A Hindu, committed robbery in Yangon at 26th street and was captured by the police. With which
Criminal law can he taken action ?
Yes, Criminal law he can be taken action in Section 390 because Sami reality in committed robbery in Yangon at
26th street and was captured by the police. In all robbery there is either theft or extortion.
Theft is " robbery" if , in order to the committing of the theft, or in committing the theft, or in carrying away or
attemption to carry away property obtained by the theft, the offender for the end, voluntarily causes or attempts to
cause to any person death or hurt or wrongful restraint, or fear of instant hurt or of instant wrongful restraint.
164. Which persons are exempted from criminal liability ?
The following persons are exempted from criminal liability .
(1) A child under seven years of age.
(2) A child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to
judge of the nature and consequences of his conduct on that occasion,
(3). A person who, at the time of doing it, by reason of unsoundness of mind , is incapable of knowing the nature of
the act, or that he is doing what is either wrong or contrary to law.
(4) A person who, at the time of doing it is, by reason of intoxication, incapable of knowing the nature of the act or
that he is doing what is either wrong or contrary to law.
165. What are the acts against which there is no right of private defense?
Section 99 of Penal Code provides that , there is no right of private defence against an act and which does not
reasonably cause the apprechension of death or of grievous hurt, if done or attempted to be done by a public servant
acting in good faith under colour his office, though that act may not be strictly justifiable by law.
of his office though that direction may not be strictly justifiable by law,
authorities.
purpose of defence.
166. What are the aims of the Child Law 1993 ?
(a) to implement the rights of the child recognized in the United Nations Convention on the Rights of the Child;
(b) to protect the rights of the Child;
(d) to carry out measures for the best interets of the child depending upon the financial resources of the State;
(e) to enable custody and care of children in need of protection and care by the State or voluntary social workers or
non-governmenttal organizations;
(f) to enable a separate trial of a juvenile offence and to carry out measures with the objective of reforming the
character of the child who has committed an offence.
167. What are judicial acts under the pental Code?
Each and every judicial act is exempted from criminal liability , Section (77) of the Penal Code, Provided, that
nothing is an offence, which is done by a judge when acting judicially in the exercise of any power which is , or
which in good faith he believes to be , given to him by law.
Above exemption protect the criminal judges or officers who act wrongfully in the exercise of their power with good
faith. Moreover,section 78 can be seen as follows.
Nothing which is done is pursuance of, or which is warranted by the judgment or order of, a Court of justice, if done
which such judgment or order remains in force, is an offence, notwithstanding the Court may have had no
jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court
had such jurisdiction.
168. What punishment prescribed for kidnapping from the Republic of the Union of Myanmar ?
Whoever conveys any person beyound the limits of the Union of Myanmar without the consent of that person, or of
Myanmar.
169. What are the various punishments to which offenders are liable offenders are liable under the provisions of the
Penal Code ?
Whether the word used in the penal provision is "puishment" or "punishable" it is clear that on the conviction of a
person for the particular offence, the court is bound to award punishment.There are five kinds of punishments in
generally viz;
(1) death
(5) fine.
170. What are the acts which there are no right of private defence ?
authorities.
purpose of defence.
171. Which punishment award for abetment ?
Under Section 107 to 120 of Penal Code, when several persons take part in the commission of an offence, each one
of them may contribute in a manner and degree different from the others to the commission of it. The offence may
be committed by the hands of one person at the instigation of another person, while some other may only be present
for offering help at the time of commission of it, and still others may help the principal culprit in procuring the tolls.
It is necessary, therefore, to mark the nature and degree of participation of each of the persons to determine their
degree of culpability. However several gradations of action do not necessarily imply different measures of guilt with
a view to distinctions in punishment.
172. What are the difference between affray and riot?
"Affray differs from a riot in the sense that an " affray" may be committed by two persons where as a not requires, at
least , five persons, secondly an "affray" cannot be committed in a private place while a riot may take a place
collectiong fees, and three others, who wished to enter the temple withoout previous payment of the fee demand it
173. How many kinds of punishment provided in the Penal Code ?
There are five kinds of punishment provided in the Penal Code;-
(1) Death
(2) Imprisonment for life or transportation
(3) Forfeiture of property , and
(4) Fine
174 What are the main objective of the criminal justice system ?
. The main objective of the criminal Justice system are to establish the supreme state for all citizens to obey and it
mentions the rights and duties. If they don't obey the Rules and Regulations, they would be punished by the officer
according to the State Policy.
(1) A child under seven years of age.
(2) A child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to
judge of the nature and consequences of his conduct on that occasion
(3) A person who, at the time of doing, tt by reason of unsoundness of mind, is incapable of knowing the nature of
the act, or that he is doing what is either wrong or contrary to law.
(4) A person who, at the time of doing it is, by reason of intoxication, incapable of knowing the nature of the act or
that he is doing what is either wrong or contrary to law.
175. What is punishment for counterfeiting coin?
Whoever counterfeits, or knowingly prforms any part of the process of counterfeiting coin shll be punushed with
imprisonment of either description for a term, which may extend to seven years, and shall also be liable to fine.
Explanation
A person commits this offence that , intending to practice , or knowing it to be likely that deception will thereby
practive, causes a genuine coin to appear like a different coin.
176. What elements are necessary to fulfill the requiremrnts of Section 34 of the Peanal Code ?
Section (34) is intended to meet cases in which it may be difficult to distinguish between the acts of the individual
members of a party or to prove exactly what part was taken by each of them in furtherance of the common intention
of all. The reason why all are deemed guilty on such cases is that the presence of accomplices gives encouragement,
support, and protection to the person actually committing an act.
177. Which persons are exempted from criminal liability ?
The Following persons are exempted from criminal liability .
(1) Nothing is an offence which is done by a child, under seven years of age.
(2) Nothing is an offence, which is done by a child above seven years of age,
and under twelve, who has not attined sufficient maturity of understanding to judge of the nature
(3) Nothing is an offence, which is done by a person who , at the time of doing it, by reason of unsoundness of mind,
is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.
(a). The nature of the act, or
(b) that he is doing what is either wrong or contrary to law.

The accused is protected not only when, on account of insanity, he was that the act was wrong or that it was contrary
to law, although he might know the nature of the act itself. He is , however not protected if he knew that what he
was doing was wrong , even if he did not know that what he was doing was contrary to law even though he did not
know that it was wrong.
178. What are the punishments for criminal conspriacy ?
When two or more persons agree to do or cause to be done -
(2) an act which is not illegal by illegal means , such an agreement is designated a criminal conspiracy: Provided
that no agreement except an agereement to commit an offence shall amount to a criminal conspiracy unless some act
besides the agreement is done by one or more parties to such agreement in pursuance.
179. What are the offences against the Public Tranquility ?
The offences against the Public Tranquility are follow;
(2) Rioting
(4) Affray
180. What are the offences against the State under the Penal Code ?
Offens against the State puncished with death, donw with fear of instant death , but fear of hurt or even of grievous
hut is not a sufficient justification. Mere mean of future death will not be sufficient.
Except wher unsoundness of mind is probed or real fear of instant death is proved, the burden of proof being or the
prisoner, pressure of temptation is not an excuse for breaking the law.
What punishment is provided for abetment of act of insubordination by solider, sailor or airman?
Section138.Whoever abets what he knows to be an act of insubordination by an officer, solider, sailor or airman, in
the Army, Navy or Air Force, shall, if such act of insubordinations be committed in consequence of the abetment, be
puished with imprisonment of either description for a term which may extend to six months, or with fine, or with
both.
181. What punishment prescribed for kidnapping from the Republic of the Union of Myanmar ?
Whoever conveys any person beyond the limits of the Union of Myanmar without the consent of the person, or of
Myanmar .
182. What are the varoious punishments to which offendes are liable under the provisions of the Penal Code?
(1) death
(3) imprisonment with hard lablur
(5) fine.
183. What are Judicial acts under penal Code ?
Each and every judicial act is exempted from criminal liability, Section (77) of the Penal Code, provided, that
nothing is an offence, which is, done by a judge when actiong judically in the exercise of any power which is, or
which in good faith he believes to be, given to him by law.
Above exemption protect the criminal judges or officers who act wrongfully in the exercise of their power with good
faith. moreover, section 78 can be seen as follows.
Noting which is done is pursuance of , or which is warranted by the judgment or order of, a court of justice, if no
jurisdiction to pass such judgment or order, provied the person doing the act in good faith believes that the Court had
such jurisdiction.
184. What are the essential elements of the offence of theft ?
essentials.
Whoever
(1) intending to take dhishonestly,
Explanation I
A thing so long as it is attached to the earth not being moveable property ,is not the subject of theft, but it becomes
capable of being the subject of theft as soon as it is severed from the earth.
Explanation 2
A moving affected by the same act which effects the severance may be a theft.
185. What punishment is provided for the person, who commits the following offences? (a) Harbouring persons
guilty of High Treason. (b) Misprision of High Treason.
(a) Harbouring persons guilty High Treason
Whoever encourages harbourts of comforts any person whom he knows or has reasonable grounds for believing to
be engaged in committing, High treason shall be punished with transpoertation for life or with rigorous
imprisonment for a term, which may extend to ten years , and shall also be to liable fine. (Section 123 (1) of Penal
Code.)
offender.
(b) Misprision of High Treason
Whoever , knowing that any act, the commission of which would be High Treason, is intended or porposed to be or
is being or has been committed , does not forth with disclose the same, together with all particulars thereof known to
him , to a magistrate, or to awny police-officer , or some other person lawfully engaged on duties relating to the
with rigorous imprisonment which may extend to seven years, and shall also liable to fine. (Section 124 of Penal
Code.)
186. What is document ? Explain it with examples.
Penal Code in Section 29. The word "document"denotes any matter expressed or described upon any substance by
means of letters, figures or marks, or by more than one of those means , intended to be used, or which may be used,
as evidence of that matter (The Metal Tokens Act, 1889 (1 of 1819) -59.)
Explnation I
It is immaterial by what means or upon what substance the letters, figures or makes are formed, or whether the
evidence is intended , for or may be used in , a Court of Justice, or not.
6101-Assignment 1
Explain death sentence. Discuss it about 250 words. (Ch 3 Criminal )
(1) death
(5) fine.
Death
(1) Being under sentence of imprisonment for a term of twenty years. (Section 302 (1)(a) of Penal Code.)
In every case in which sentence of death shall have been based the presided of the Union may, without the consent
of the offender, commute the punishment for any other punishment provide by this Code. (Section 54 of Penal
Code.)
188. When does the right of private defence of property commence and continue? State your discussion in 250
words or more.( Ch 4 Criminal )
The right of private defence of property commences when a reasonable apprehension of danger to the property
commences.
The right of private defence of property against theft continues till the offender has affected his retreat with the
property, or either the assistance of the public authorities is obtained, or the property or has been recovered.
The right of private defence of property against robbery continues as long as the offender causes or attempts to cause
to any person death or hurt or wrongful restraint or as long as the fear of instant death or hurt or of instant personal
restraint continues.
The right of private defence of property against criminal trespass or mischief continues as long as the offender
continues in the commission of criminal trespass or mischief.
The right of private defence of property agains house breaking by
night continues as long as the house-trespass, which has been by such
housebreaking, continues.( Section 105 of Penal Code.)
Above provision indicates when the right of defence of property commences and till what period it continues.
189. When does the right of private defence of the body commence and continue? Your answer must be no less than
250 words.(Ch 4 Criminal)
The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body
arises from an attempt or threat to commit the offence though the offence may not have been committed, and it
continues as long as such apprehension of danger to the body continues. (Section 102 of Penal Code.)
This Section indicates when the right of private defence of the body commences and till white time is continues. It
commences and continues as long as danger to body lusts .The extent to which the exercise of the right will be
justified will depend not on the actual danger but on whether there was reasonable apprehension of such danger.
There must be an attempt or threat and consequent there on an apprehension of danger, but it is not a mere idle
threat, or every apprehension of rash or timid mind, that will justify the exercise of the right. Reasonable ground for
the apprehension is requisite.
190. Explian the summons and warrant cases, and cognizable offence,non-cognizable offence, bailable offence. (Ch
1 Cr P C) You must write it between 300-500 words.
Summons case
Summons case means a case relating to an offence, and not being a warrant case.
Warrant case
warrant-case" means a case relating to an offence punishable with death, transportation or imprisonment for life or
imprisonment for a term of unlimited period or imprisonment for a term exceeding six months as provided in the
relevant Law.2
Cognizable offence
'Cognizable offence' means an offence for, and 'cognizable case' means a case in, which a police-officer may, in
accordance with the second schedule or under any law for the time being in force, arrest without warrant.
Provided that the President of the Union may, by notification declare that any offence punishable under sections
186, 188, 189, 190, 228, 295 A, 298, 505, 506 or 507 of the Penal Code, when committed in any area specified in
the notification, shall be cognizable.1
Non-cognizable offence
'Non-cognizable offence' means an offence for and 'non cognizable case' means a case in, which a police-officer
may not arrest without warrant.3
Bailable Offence
'Bailable offence' means an offence shown as bailable in the second schedule, or which is made bailable by any
other law, for the time being in force; and 'non-bailable offence' means any other offence.
Provided that the President of the Union may, by notification declare that an offence punishable under section 188 or
section 506 of the Penal Code when committed in any area specified in the notification shall be non-bailable.
2 Section 4(1) (w) of the Criminal Procedure Code
1 Section 4(1) (f) of the Criminal Procedure Code
3 Section 4(1) (n) of the Criminal Procedure Code
191. What are the acts against which there is no right of private defence? Your discussion must be no more than 500.
(Ch 4 Criminal)
Section 99 of Penal Code provides that, there is no right of private defence against an act and which does not
reasonably cause the apprehension of death or of grievous hurt, if done or attempted to be
done by a public servant acting in good faith under colour his office, though that act may not be strictly justifiable
by law.
authorities.
purpose of defence.
The Section indicates the within which the right of private defence should be exercised.The clause applies where a
public servant acts irregularly in the exercise of his powers, and not where he acts outside the scope of his powers.
Where police officer acting bona fide under colour of his office arrests a person but without authority, the person so
arrested has no right of self-defence against the officer.
A police officer attempted without a search warrant to enter a house in search of property alleged to have been
stolen and was obstructed and resisted. It was held that, even though the officer was not strictly justified in searching
the house without a warrant, the person obstructing and resisting could not set up the illegality of the officer's
proceeding as a justification of his obstruction, as it was not shown that the officer was acting otherwise than in
good faith and without malice.
Right of private defence of the body
Section 97, first paragraph mentions as follow; -
Every person has right, subject to the restrictions, contained in Section 99, to defend his own body, and the body of
any person, against any offence affecting the human body.
Commencement and continuance of the right of private defence of the body
The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body
arises from an attempt or threat to commit the offence though the offence may not have been committed, and it
continues as long as such apprehension of danger to the body continues.
This Section indicates when the right of private defence of the body commences and till white time is continues. It
commences and continues as long as danger to body lusts .The extent to which the exercise of the right will be
justified will depend not on the actual danger but on whether there was reasonable apprehension of such danger.
There must be an attempt or threat and consequent there on an apprehension of danger, but it is not a mere idle
threat, or every apprehension of rash or timid mind, that will justify the exercise of the right. Reasonable ground for
the apprehension is requisite.
192. When does the right of private defence of property commence and continue? State your discussion in 250
words or more.( Ch 4 Criminal )
Right of private defence of the property is mentioned in the Section 97. 2nd para; “ The property, whether moveable
or immoveable of himself or of any other person, against any act which is an offence falling under the definition of
theft, robbery, mischief or original trespass, or which is an attempt to commit theft, robbery, mischief or Criminal
trespass. This Section specifies the extent to which the right of private defence can be exercised. Section 99 provides
the limitations. These two sections combined together lay down the principles of the right of private. The second
clause provides for the defence of property against an act which amounts to the commission of certain offences.
Explanation 1-A person is not deprived of the right of private defence against an act done or attempted to be done by
a public servant, as such, unless he knows, or has reason to believe that the person doing the act is such public
servant. Explanation 2- A person is not deprive of the right of private defence against an act done or attempted to be
done by the direction of a public servant unless he knows, or has reason to believe, that the person doing the act is
acting by such direction or unless such person states the authority under which the acts, or if he has authority in
writing unless he produces such authority if demanded.
Commencement and continuance of the right of private defence of property- The right of private defence of property
commences when a reasonable apprehension of danger to the property commences. The right of private defence of
property against theft continues till the offender has affected his retreat with the property, or either the assistance of
the public authorities is obtained, or the property or has been recovered. The right of private defence of property
against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful
restraint of as long as the fear of instant death or hurt or of instant personal restraint continues. The right of private
defence of property against criminal trespass or mischief continues as long as the offender continues in the
commission of criminal trespass or mischief.
The right of private defence of property against house breaking by night continues as long as the house-trespass,
which has been by such housebreaking continues. Above provision indicates when the right of defence of property
commences and till what period it continues.When the right of private defence of property- Section 103 of Penal
Code privates as follows; the right of private defence of property extends, under the restrictions mentioned in
Section 99, to the voluntary causing of death or of any other harm to the wrongdoer if the offence, the committing of
which or the attempting to commit which occasions the exercise of the right, be an offence of any of the descriptions
hereinafter enumerated namely.
First - robbery / Secondly - house-breaking by night; / thirdly - mischief by fire committed on any building, tent or
vessel, which building tent or vessel is used as human dwelling or as a place for the custody of property;/ Fourthly -
theft, mischief of house-trespass under such circumstances as may reasonably cause apprehension that death or
grievous hurt will be the consequence if such right of private defence is not exercised.
When such right extends to causing any harm other than death- Section 104 of Penal Code provides as follows; if
the offence the exercise of the right of private defence, be theft, mischief or criminal trespass , not of any of the
descriptions enumerated in the last preceding section that right does not extend to the voluntary causing of death, but
does extend, subject to the restrictions mentioned in Section 99, to the wrong-doer of any harm other than death.
Right of private defence against deadly assault when there is risk of harm to innocent person- Section 106 of Penal
Code provides that if in the exercise of the right of private defence against an assault which reasonably causes the
apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm
to an innocent person, his right of private defence extends to the running of that risk. E.g A is attacked by a mob
who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob,
and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if
by so firing he harms any of children.
Explain death sentence. Discuss it about 250 words. (Ch 3 Criminal )
(1) death
(5) fine.
(1) Being under sentence of imprisonment for a term of twenty years. (Section 302 (1)(a) of Penal Code.)

In every case in which sentence of death shall have been based the presided of the Union may, without the consent
of the offender, commute the punishment for any other punishment provide by this Code. (Section 54 of Penal
Code.)
194. What are the acts against which there is no right of private defence? Your discussion must be no more than 500.
(Ch 4 Criminal)
195. When does the right of private of the body extend to causing death? Write about 300 words. (Chapter 4
Criminal)
Section 100 of Penal Code provides that -
The right of private defence of the body extends, under the
restrictions mentioned in the last preceding section to the voluntary
causing of death or of any other harm to the assailant, if the offence
which occasions the exercise of the right be of any of the descriptions
hereinafter enumerated, namely:-
firstly- such an assault as may reasonabily cause the apprehension that
death will otherwise be the consequence of such assault;
secondly- such an assault as may reasonably cause the apprehension that
grievous hurt will otherwise be the consequence of such assault;
thirdly- an assault with the intention of committing rape;
fourthly- an assault with the intention of gratifying unnatural lust.
fifthly- an assault with the intention of kidnapping or abducting.
sixthly- an assault with the intention of wrongfully confining a
person, under circumstances, which may reasonably cause him to
apprehend that he will be unable to have resource to the public authorities for his release.
The law authorizes a man who is under a reasonable apprehension
that life is in danger or his body in risk of grievous, hurt to inflict death upon his assailant either when the assault is
attempted or directly
threatened, but the apprehension must be reasonable and the violence
inflicted must not be greater than is reasonably necessary for the purpose of self-defence. It must be, proportionate
to and commensurate with the
quality and character of the act it is intended to meet and what is done in excess is not protected.
196. Define the term “ public servant”. Disscus it about 150 words.
Public Servant- The word “public servant” denotes a person falling under any of the descriptions hereinafter
following namely;
First- Covenanted Servant of the Government;
Second- Commissioned Officer in the Defence Services;
Third- Every Judge;
Fourth- Officer of a Court of justice .
Fifth- Juryman, assessor, or administration of ward or village-tract assisting a Court of Justice or public servant:
Sixth- Arbitrator or other person to whom any cause of matter has been referred for decision or report by any Court
of Justice, or by any other Competent Public Authority:
Seventh- Every person who holds any offence by virtue of which he is empowered to place or keep any person in
confinement:
Eight- Officer of Government whose duty it is, as such officer, to prevent offences, to give information of offences,
to bring offenders to justice, or to protect the public health, safety or convenience;
Ninth- Officer whose duty it is, as such officer, to take or receive keep or expend and property on behalf of
Government.
Tenth- Officer whose duty it is, as such officer, to take, receive, keep or expend any property to make any survey or
assessment.
Eleventh- Every person who hold any office in virtue of which he is empowered to prepare, publish, maintain or
revise an electoral roll or to conduct and election or part of an election.
1. What is unlawful assembly? Specify it of 600 words or more. (Ch 7 Criminal)
The meaning of "Unlawful assembly" is in the Section 141 of
Penal Code which provides that. An assembly of Five or more persons is designated, an "Unlawful assembly", if the
common object of the persons composing that assembly is –
First - To overawe by criminal force, or show of criminal force, the respective Hluttaw or the Government, or any
public servant in the exercise of the lawful power of such public servant, or
Second- To resist the execution of any law, or of any legal process; or
Third- To commit any mischief or criminal trespass, or other offence; or
Fourth-By means of criminal force, or shown of criminal force, to any person to take or obtain possession of any
property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal
right of which he is in possession or enjoyment, or to enforce any right or supposed right; or
Fifth- By means of criminal force, or show of criminal force, to compel any person to do what he is not legally
bound to do, or to omit to do what he is legally entitled to do.
Explanation
An assembly which was not unlawful when it assembled may subsequently become an lawful assembly.
Section 142. "Whoever is a member of an unlawful assembly shall be punished with imprisonment of either
description for a term which may extend to six months or with fine or with both".
The underlying principle of S.141 is that law discourages tumultuous assemblage of men to preserve the public
peace Section 141 defines what an "unlawful assembly" and Section 143 punishes tumultuous assemblies as they
endanger public peace. It does not require that the purpose of the unlawful assembly should have been fulfilled.
The essence of an offence under this Section is the combination of several persons, united in the purpose of
committing criminal offence, and the consensus of purpose is itself an offence dentinal from the criminal offence
which these persons agree and intend to commit.
"If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that
assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object,
every person who at the time of the committing of that offence, is a member of the same assembly in guilty of that
offence. (Section 149 of Penal Code.)
197. When does the right of private defence of the property extend to causing death? Your discussion must be no
more than 150 words. (Ch 4 Criminal)
Self –defence
Everyone has right to protect their reputation on body, and property. Section 96 of Penal Code provided that;
"Nothing is an offence which is done in the exercise of the right of private defence."
When the right of private defence of property extends to causing death
Section 101 of Penal Code provides that if the offence be not of any of the descriptions enumerated in the last
proceeding section, the right of private defence of the body does not extend to the voluntary causing of death to the
assailant, but does extend, under the restrictions mentioned in Section 99, to the voluntary causing to the assailant of
any harm other than death.
Any harm short of death can be inflicted in exercising the right of private defence in any case which does not fall
within the provisions of S.100.
198. What is unlawful assembly? Specify it of 600 words or more. (Ch 7 Criminal)
The offences in this Chapter may be classified in the following
four groups: -
(2) Rioting
(3) Promoting
(A) Being a member of an unlawful assembly.
The meaning of "Unlawful assembly" is in the Section 141 of Penal Code which provides that. An assembly of Five
or more persons is designated, an "Unlawful assembly", if the common object of the persons composing that
assembly is –
First - To overawe by criminal force, or show of criminal force, the respective Hluttaw or the Government, or any
public servant in the exercise of the lawful power of such public servant, or
Second- To resist the execution of any law, or of any legal process; or
Third- To commit any mischief or criminal trespass, or other offence; or
Fourth-By means of criminal force, or shown of criminal force, to any person to take or obtain possession of any
property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal
right of which he is in possession or enjoyment, or to enforce any right or supposed right; or
Fifth- By means of criminal force, or show of criminal force, to compel
any person to do what he is not legally bound to do, or to omit to
do what he is legally entitled to do.
Explanation
An assembly which was not unlawful when it assembled may subsequently become an lawful assembly.
Section 142. "Whoever is a member of an unlawful assembly shall be punished with imprisonment of either
description for a term which may extend to six months or with fine or with both".
The underlying principle of S.141 is that law discourages tumultuous assemblage of men to preserve the public
peace Section 141 defines what an "unlawful assembly" and Section 143 punishes tumultuous assemblies as they
endanger public peace. It does not require that the purpose of the unlawful assembly should have been fulfilled.
The essence of an offence under this Section is the combination of several persons, united in the purpose of
committing criminal offence, and the consensus of purpose is itself an offence dentinal from the criminal offence
which these persons agree and intend to commit.
"If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that
assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object,
every person who at the time of the committing of that offence, is a member of the same assembly in guilty of that
offence.( Section 149 of Penal Code.)
199.What punishment is provided for the person, who commits the following offences? (a)Harbouring persons
guilty of High Treason. (b) Misprision of High Treason. State your discussion in 180 words or more.(Ch 6 Criminal)
(a) Harbouring persons guilty of High Treason
The definition of High Treason is given in Section 121 of the Penal Code. It is as follows:
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
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.
Punishment of High Treason is provided in Section 122 of the Penal Code as follows:
(1) Whoever commits High Treason within the Union of Myanmar shall be punished with death or imprisonment for
a term of twenty years.
(2) Whoever, being a citizen of the Union of Myanmar or ordinarily resident within the Union, commits High
Treason outside the union shall be punished with death or imprisonment for a term of twenty years.
S.123 (1) of Penal Code is applicable only to those person who through not in the conspiracy for committing High
Treason had encouraged any one whom they knew to be so engaged.
rigorous imprisonment for a term, which may extend to ten years, and shall also be to liable fine.
with rigorous imprisonment which may
extend to seven years, and shall also liable to fine.
200. Explain the definition of 'abetment'. Your answer must be no less than 1000 words. ( Ch 5 Criminal)

thirdly - intentionally aids, by any act or illegal omission, the
doing of that thing.1
Explanation 1
A person who; by willful misrepresentation, or by willful concealment of a material fact which he is bound to
disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the
doing of that thing.
Illustration
A, a public officer, is authorized by a warrant from a Court at Justice to apprehend Z. B, knowing that fact and also
that C is not Z,
willfully represent to A that C is Z, and thereby intentionally cause A to
apprehend C. Here B abets by instigation the apprehension of C.
Explanation 2
Whoever, either prior to or at the time of the commission of an act does anything in order to facilitate the
commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of the act.
Section (108) of Criminal Law prescribes that a person abets an offence, who, or abets either the commission of an
offence the commission of an act which would be an offence, if committed by a
person capable by law of committing an offence with the same intention or knowledge as that of the abettor.
Explanation 1
The abetment of the illegal omission of an act may amount to an
offence although the abettor may not he be bound to do that act.
Explanation 2
To constitute the offence of abetment it is not necessary that the act abetted should be committed or that effect
requisite to constitute the offence should be caused.
Illustration
(1) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.
(2) A instigates B to murder D. B in pursuance of the instigation
stabs D. D recovers from the wound. A is guilty of
instigating B to commit murder.

Explanation 3
It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have
the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.
Illustration
(1) A with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by
a person capable by law of committing an offence, and having the same intention as A. Here A whether the act be
committed or not, is guilty of abetting an offence.
(2) A, with the intention of murdering Z, instigates B, a child, under seven years of age, to do an act which causes
Z's death. B, in consequence of the abetment, does the act in the absence of A and thereby causes Z's death. Here,
though B was not capable by law of committing an
offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence,
and had committed murder, and he is therefore subject to the punishment of death.
(3) A instigates B to set fire to a dwelling-house B, in consequence of the unsoundness of his mind, being incapable
of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in
consequence of A' instigation. B has committed on offence, but A is guilty of abetting the offence of setting fire to a
dwelling house and is liable to the punishment provided for that offence.
(4) "A" intending to cause a theft to be committed instigates 'B' to take property belonging to 'Z' out of 'Z's
possession. 'A' induces 'B' to believe that the property belongs to A.B, takes the property out of Z's possession in
good faith, believing it to be A's property B, acting under this misconception, does not take dishonestly; and
therefore does not commit theft.
But 'A' is guilty of abetting theft, and is liable to the same punishment as if B had committed theft.
Explanation 4
The abetment of an offence being an offence, the abetment of such an abetment is also an offence.
Illustration
A instigates B to instigate C to murder Z. B accordingly instigates
C to murder z, and C commits that offence in consequence of B's
instigation. B is liable to be punished for his offence with the punishment
for murder and, as A instigated B to commit offence, A is also liable to
the punishment.
Explanation 5
It is not necessary to the commission of the offence of abetment by
conspiracy that the abettor should concert the offence with the person
who commits it. It is sufficient if he engages in the conspiracy in

pursuance of which the offence is committed.
Illustration
A concert with B is a plan for poisoning z. It is agreed that A shall
administer the poison. B then explains the plan to C, mentioning that a
third person is to administer the poison, but without mentioning A's name. C agrees to procure the poison, and
procures the poison and delivers it to B for the purpose of its being used in the manner explained.
A administers the poison; Z dies in consequence. Here, through A and C
have not conspired together, Yet C has been engaged in the conspiracy in
pursuance of which Z has been murdered. "C" has therefore committed
the offence defined in this Section, and is liable to the punishment for murder.
201. Define the term 'public servant'. Discuss it about 150 words.(Ch 2 Criminal)
The word "Public Servant" denotes a person falling under any of the descriptions hereinafter following namely: -
Second Every Commissioned Officer in the Defence Services:
Third Every Judge:
Fourth Every officer of a Court of Justice whose duty it is, as such officer to investigate or report on any matter of
law or fact, or to make, authenticate, or keep any document, or take charge or dispose of any property, or to execute
any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court: and every person
specially authorized by a Court of Justice to perform any of such duties:
Fifth Every juryman, assessor, or administration of ward or village-tract assisting a Court of Justice or public
servant:
Sixth Every arbitrator or other person to whom any cause of matter has been referred for decision or report by any
Court of Justice, or by any other Competent Public Authority:
Seventh Every person who holds any offence by virtue of which he is empowered to place or keep any person in
confinement;
Eight Every officer of Government whose duty it is, as such officer, to prevent offences, to give information of
offences, to bring offenders to justice, or to protect the public health, safety or convenience;
Ninth Every officer whose duty it is, as such officer, to take receive keep or expend and property on behalf of
Government, or to make any survey, assessment or contract or behalf of Government, or to execute any revenue-
process, or to investigate, or to report, on any matter affecting the pecuniary interests of Government, or to make
authenticate or keep any document relating to the pecuniary interests of Government, or to prevent the infraction of
any law for the protection of the pecuniary interests of Government, and every officer in the service or pay of the
Government or remunerated by fees or commission for the performance of any public duty (or every member of the
Government);
Tenth Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any
survey or assessment, or to levy any rate or tax for any secular common purpose of any village, town or district, or
to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or
district;
Eleventh Every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or
revise an electoral roll or to conduct and election or part of an election;
202. What punishment is provided for the person, who commits the following offences? (a)Harbouring persons
(a) Encouraging, Habouring of Comforting persons guilty of High Treason
rigorous imprisonment for a term, which may extend to ten years, and shall also be to liable fine.
offender.
with rigorous imprisonment which may extend to seven years, and shall also liable to fine.
Explain the definition of 'abetment'. Your answer must be no less than 1000 words. ( Ch 5 Criminal)
thirdly - intentionally aids, by any act or illegal omission, the
doing of that thing.1
Explanation 1
disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the
doing of that thing.
Illustration
A, a public officer, is authorized by a warrant from a Court at Justice to apprehend Z. B, knowing that fact and also
that C is not Z,
willfully represent to A that C is Z, and thereby intentionally cause A to
apprehend C. Here B abets by instigation the apprehension of C.
Explanation 2
Section (108) of Criminal Law prescribes that a person abets an offence, who, or abets either the commission of an
offence the commission of an act which would be an offence, if committed by a
person capable by law of committing an offence with the same intention or knowledge as that of the abettor.
Explanation 1
The abetment of the illegal omission of an act may amount to an
offence although the abettor may not he be bound to do that act.
Explanation 2
To constitute the offence of abetment it is not necessary that the act abetted should be committed or that effect
requisite to constitute the offence should be caused.
Illustration
(2) A instigates B to murder D. B in pursuance of the instigation
stabs D. D recovers from the wound. A is guilty of
instigating B to commit murder.
Explanation 3
It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have
the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.
Illustration
(1) A with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by
a person capable by law of committing an offence, and having the same intention as A. Here A whether the act be
committed or not, is guilty of abetting an offence.
(2) A, with the intention of murdering Z, instigates B, a child, under seven years of age, to do an act which causes
Z's death. B, in consequence of the abetment, does the act in the absence of A and thereby causes Z's death. Here,
though B was not capable by law of committing an
offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence,
and had committed murder, and he is therefore subject to the punishment of death.
(3) A instigates B to set fire to a dwelling-house B, in consequence of the unsoundness of his mind, being incapable
of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in
consequence of A' instigation. B has committed on offence, but A is guilty of abetting the offence of setting fire to a
dwelling house and is liable to the punishment provided for that offence.
possession. 'A' induces 'B' to believe that the property belongs to A.B, takes the property out of Z's possession in
good faith, believing it to be A's property B, acting under this misconception, does not take dishonestly; and
therefore does not commit theft.
But 'A' is guilty of abetting theft, and is liable to the same punishment as if B had committed theft.
Explanation 4
Illustration
A instigates B to instigate C to murder Z. B accordingly instigates C to murder z, and C commits that offence in
consequence of B's instigation. B is liable to be punished for his offence with the punishment for murder and, as A
instigated B to commit offence, A is also liable to the punishment.
Explanation 5
It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the
offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the
offence is committed.
Illustration
A concert with B is a plan for poisoning z. It is agreed that A shall administer the poison. B then explains the plan to
C, mentioning that a third person is to administer the poison, but without mentioning A's name. C agrees to procure
the poison, and procures the poison and delivers it to B for the purpose of its being used in the manner explained.
A administers the poison; Z dies in consequence. Here, through A and C have not conspired together, Yet C has
been engaged in the conspiracy in pursuance of which Z has been murdered. "C" has therefore committed the
offence defined in this Section, and is liable to the punishment for murder.
203. Explain the provision of murder. Discuss it about 350 words. (Ch 8 Criminal)
The definition of "Murder" is prescribed to Section 300 of Penal Code. It is as follows, a whoever, in the absence of
any circumstance which makes the act one of culpable homicide not amounting to murder, causes death by doing an
act with the intention of causing death, or with the intention of causing bodily injury as in fact is sufficient in the
ordinary1, course of nature to death, commits the offence of murder.
Explanation of culpable homicide is mentioned in Section 300 (A). In Sections 299 and 300: -
Punishment for murder

(2) Whoever commits murder in any other case shall be punished with imprisonment for a term of twenty years, or
with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Whoever does any act with such intention and under such circumstances that, if he by that act caused death, he
would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine: if hurt is caused to any person by such act, the offender shall be liable
either to imprisonment for a term of twenty years, or to such punishment as is herein before mentioned.
When any person offending under this Section is under sentence of imprisonment for a term of twenty years he may,
if hurt is caused, be punished with death.
204. Define mischief and state the different kinds of mischief. Your answer must be no less than 55o words.(Ch 9
Criminal)
Mischief
destroys or diminishes its value or utility, or affects it injuriously, commits "mischief". (Section 425 of the Penal
Code. )
Explanation 1
It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner or
the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful
loss or damage to any person by injuring any property, whether it belongs to that person or not.
Explanation 2
Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that
person and others jointly.1
Illustrations
(1) A voluntarily burns 'a valuable security belonging to Z intending to cause wrongful loss to z. A has committed
mischief.
(2) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z.
A has committed mischief.
(3) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z,
destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus
causing damage to Z, A has committed mischief.
(4) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrong fid loss to Z. A has
committed mischief.
(5) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause
damage to Z's crop. A has committed mischief.
Punishment for mischief
Whoever commits mischief shall be punished with imprisonment of either description for term, which may extend to
three months, or with fine, or with both. (Section 426 of Penal Code.)
Other mischieves
The following mischieves are those which are more serious than those mentioned above.
There are: - (1) Mischief causing damage to the amount of five thousands. (Section 427 of Penal Code. )
(2) Mischief by killing or maiming animal of the value of ten kyats, (Section 428 of Penal Code. )
(3) Mischief by killing or maiming cattle, etc. of any value of any animal of the value of five thousands kyats.
(Section 426 of Penal Code.)
(4) Mischief by injury to works of irrigation or by wrongfully diverting water, (Section 430 of Penal Code.)
(5) Mischief by injury to public road, bridge, river or channel, (Section 431 of Penal Code)
(6) Mischief by fire or explosive substance with intent to destroy house, etc.(Section 432 of Penal Code. )
Any mischief requires three things: -
(1) Intention or knowledge of livelihood to cause wrongful loss or damage to the public or to any person;
(2) Causing the destruction of some property or any change in it or in its situation; and
(3) Such change must destroy or diminish its value or utility, or affect it injuriously.(Ratanlal and Dhirajlal, The
India Penal Code. p.367.)
205. Describe the proceedings to the reformation under the Child Law, 1993. State your discussion in 300 words or
more.(Ch-14)
According to Section 52 of child law, proceeding to the reformation are as follows:
The Officer in charge of a prison shall, in respect of a child or youth who has been sentenced to imprisonment:-
(a) not keep him together with adult prisoners until he attains the age of 18 year;
(b) keep him in a separate ward or room which adult prisoners cannot have access;
(c) grant him the right to meet parents, guardians, relatives and friends concerned and the right to be sent food and
prescribed articles in accordance with the existing regulations and bye laws;
(d) not employ him in rigorous labour;
(e) provide medical check-up regularly for him;
(f) train and give him education which will reform his character and vocational education;
(g) grant him the right to enjoy remission period in accordance with the existing regulations and bye-laws.
According to Section 53. The Officer in charge of a prison –
(a) shall allow the child of a female prisoner to stay together with his mother so in prison till he attains the age of 4
years if there no one outside to take custody and care of him or if his mother desires;
(b) may allow the child mentioned in sub-section (a) to continue to stay together with his mother in prison till he
attains the age of 6 years if his mother so desires;
(c) shall be responsible for providing food, clothing and shelter and health care of the child who stays together with
his mother in prison;
(d) shall inform the Director General of the Social Welfare Department as soon as possible, in order to make
arrangements for the care and custody of any child left after a female prisoner dies in prison or if the child staying
together with the female prisoner attains the age of 6 years.
1. Explain the following:- (a) Criminal trespass (b) House trespass. Your discussion must be no more than 200
words.(Ch 9 Criminal)
(a) Criminal trespass
(b) House trespass
Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as human
dwelling, or any building used as a place for worship or as a place for the custody of property, is said to commit
"house-trespass". (1 Section 422 of the Penal Code.)
Explanation
The introduction of any part of the criminal trespasser's body is entering sufficient to constitute house-trespass.
Explain the ethics and discipline of a child. ( ch 14 Criminal). You must write it between 200-300 words.
Ethics and discipline of a child
Section 30. Every child shall abide by the following ethics and discipline, according to his age: -
(a) upholding and abiding by the law;
(b) obeying the advice and instruction of parents or guardian;
(c) obeying the instruction of teachers and pursuing education peacefully;
(d) abiding by the school discipline, work discipline and community discipline;
(e) cherishing and preserving the race, language, religion, culture, customs and traditions concerned withhim;
(f) abstaining from taking alcohol, smoking, using narcotic drugs or psychotropic substances, gambling and other
acts which tend to affect the moral character. 12
Section 32. The following child is a child in need of protection and care:-
(a) one who has no parents or guardian;
(b) one who earns his living by begging;
(c) one who is of so depraved a character that he is uncontrollable by his parents or guardian;
(d) one who is in the custody of a cruel or wicked parents or guardian;
(e) one who is of unsound mind;
(f) one who is afflicted with a contagious disease;
(g) one who uses a narcotic drug or a psychotropic substance;
(h) one who is determined as such from time to time by the Social Welfare Department.
206. 'B' is on his trial for receiving stolen property. What facts must be proved to establish the charge? (Ch 9
Criminal). Your discussion must be no more than 750 words.
essentials.
Whoever
Receiving of stolen property
Stolen property means; - Property, the possession where of has been transferred by theft, or by extortion, or by
robbery, and property which has been criminally misappropriated or in respect of which criminal breach of trust has
been committed, is designated as" stolen property" whether the transfer has been made or the misappropriation or
breach of trust has been committed, within or without the Union of Myanmar, But, if such property subsequently
comes into the possession of a person legally entitled to the possession thereof, it then causes to be stolen property.
Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be
stolen property, shall be punished with imprisonment of either description for a term which may extend to three
years, or with fine, or with both.
Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to
believe to have been transferred by the commission of dacoity, or dishonestly receives from person, whom he knows
or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason
to believe to have been stolen, shall be punished with imprisonment for a term of twenty years, or with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property shall
be punished with imprisonment for a term of twenty years, or with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.
Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has
reason to believe to be stolen property shall be punished with imprisonment of either description for a term which
may extend to three years, or with fine, or with both.
Any mischief requires three things: -
(1) Intention or knowledge of livelihood to cause wrongful loss or damage to the public or to any person;
(2) Causing the destruction of some property or any change in it or in its situation; and
(3) Such change must destroy or diminish its value or utility, or affect it injuriously.
What are the powers of the Police Officer for the Child offender? (Ch 14 Criminal). State your discussion in 300
words.
Section 37. Police Officer or a person authorized to take cognizance shall abide by the following when arresting a
child accused of having committed an offence;
(a) shall not handcuff the child or tie with a rope;
(b) shall not keep the child together with adult prisoners; if it is a girl, shall keep her, with a woman guard;
(c) shall not maltreat or threaten the child;
(d) shall not send the child together with adult prisoners from one place to another; if it is a girl, shall send her with a
woman guard;
(e) shall inform the parents or guardian concerned as soon as possible;
(f) shall send up the arrested child to the relevant juvenile court as soon as possible;
(g) shall release the child on execution of a bond, if the child cannot be sent up as soon as possible to the juvenile
court under sub-section (f) ;
(h) shall send the child to a temporary care station or to another appropriate place, if the child is not released on a
bond under sub-section (g);
Section 39. A Police Officer or a person who is authorized to take cognizance, in respect of a child who has escaped
from a training school, home, temporary care station or a custodian :-
(a) may arrest him without a warrant;
(b) shall, after arrest, commit him back to the custody of the training school, home, temporary care station or
custodian;
(c) may commit him to the custody of any other appropriate place, before being able to commit the child back to the
custody of a training school, home, temporary care station or a custodian under sub-section (b).
Give the ingredients of the offence of grievous hurt. (Ch 8 Criminal). Discuss it about 300 words.
The following kinds of hurt are designated as "grievous".
firstly - emasculation.
secondary - permanent privation of sight of either eye.
thirdly - permanent privation of the having of either ear.
fourthly - privation of any member or joint.
fifthly - destruction or permanent impairing of the powers of any member of joint.
sixthly - permanent disfiguration of the head or face.
seventhly - fracture or dislocation of a bone or tooth.
eighthly - any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe
bodily pain or unable to follow his ordinary pursuits.
Voluntarily causing grievous hurt
Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is
grievous hurt, and if the hurt which he causes is grievous hurt, is said "voluntarily to cause grievous hurt".
Punishment for voluntarily causing grievous hurt
Whoever, except in the case provided for by Section 335, voluntarily causes grievous hurt shall be punished with
imprisonment or either description for a term which may extend to seven years, and shall also be liable to fine.1
Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself
to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished
with imprisonment of either description for a term which may extend to four years, or with fine which may extend to
two thousand kyats, or with both.
Whoever, except in the case provided for by Section 335, voluntarily causes grievous hurt by means of any
instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause
death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by
means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale,
to swallow, or to receive into the blood, or by means of an animals, shall be punished with imprisonment for a term
of twenty years, or with imprisonment of either description for a term which may extend to ten years, and shall also
be liable to fine.
- Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act.
- Voluntarily causing grievous hurt to extort confession or to compel restoration of property.
- Voluntarily causing grievous hurt to deter public servant from his duty.
- Act endangering life or personal safety of others.
- Causing hurt by act endangering life or personal safety of others.
- Causing grievous hurt by act endangering life or personal safety of others.
207. How can be punishable when a person commits the provision of section 66 of the Child Law? (Ch 14
Criminal). Discuss it about 500 words.
Section 66. Whoever commits any of the following acts shall, on conviction be punished with imprisonment for a
term which may extend to 2 years or with fine which may extend to kyats 10,000 or with both: -
(a) neglecting knowingly that a girl under his guardianship, who has not attained the age of 16 is earning a
livelihood by prostitution;
(b) permitting a child under his guardianship to live together or to consort with a person who earns a livelihood by
prostitution;
(c) employing a child to beg for his personal benefit; failing to prevent a child under his guardianship from begging;
making use of the child in any manner in his livelihood of begging;
(d) willfully maltreating a child, with the exception of the type of admonition by a parent, teacher or a person having
the right to control the child, which is for the benefit of the child;
(e) inserting and announcing information revealing the identity of a child who is accused of having committed an
offence or who is participating as a witness in any case, in the radio, cinema, television, newspapers, magazines,
journals or publications and displaying or making use of the photograph of the child without the prior consent of the
relevant juvenile court;
(f) using the child in pornographic cinema, video, television photography.
208. In a murder case, if the accused wants to defend that he did the killing because he was suddenly and provoked
by the deceased, what points will be to prove. Give your answer with legal provisions and cases. (Ch 8 Criminal).
Specify it of 500 words or more.
The provisions of this Causing death by negligence means: - "whoever causes the death of any person by doing any
rash or negligent act not punishable as culpable homicide or murder shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine: provided that, if such act is
done with the knowledge that it is likely to cause death, the term of imprisonment may extend to ten years."
The Provisions of this Section apply to cases where there is no intention to cause death, and no knowledge that the
act done in all probability would cause death.
Where the act is in its nature criminal, the Section has no application. The Section does not apply to causes where
the death has arisen, not from the negligent or rash mode of doing the act, but form same result supervening upon
the act which could not have been anticipated. In order that a person may be guilty under this Section the rash or
negligent act must be direct or proximate use of the death. The Section deals with homicide by negligence.
The "rash or negligent act," referred to in Section means the act, which is the immediate cause of death and not any
act or omission, which can at most be said to be a remote cause of death. To render a person liable for neglect of
duty there must be such a degree of culpability as to amount to gross negligence on his part. It is not every little trip
or mistake that will make a man so liable.
Abetment In Section 306 "if any person commits suicide, whoever abets the commission of such suicide shall be
punished with imprisonment of either description for a term which may extend to ten years shall and also be liable to
fine".
Abetment of suicide is punishable under this section and attempt to commit suicide, under section 309.
Abetment of suicide is confined to the case of persons who aid and abet the commission of suicide by the hand of
the person himself who commits the suicide; when another person, at the request of or with the consent of the
suicide, has killed that person, he is guilty of homicide by consent, which is one of the forms of culpable homicide.
Whoever does any Attempt to murder with such intention and under such circumstances that, if he by that act caused
death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine: if hurt is caused to any person by such act, the offender shall be
liable either to transportation for life, or to such punishment as is herein before mentioned.
When any person offending under this Section is under sentence of transportation for life he may, if hurt is caused,
be punished with death.
Illustration
(a) A should at Z with intentions to kill him, under such circumstances that, if death ensued, A would be guilty of
murder. A is liable to punishment under this Section.
(b) A with the intention of causing the death of a child of tender years exposes it in desert place. A has committed
the offence defined.
By this Section, through the death of the child does not ensue.
(a) A, intending to murder Z, buys gun and loads it. A has not yet committed the offence. A fires the gun at Z, he has
committed the offence defined in this section, and if by such firing he wounds. Z he is liable to the punishment
provided by the latter part of the first paragraph of this Section.
Section 308 of Penal code is provided that, whoever does any act with such intention and under such circumstances
that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be
punished with imprisonment of either description for a term which may extend to three years, or with fine or with
both; and if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a
term which may extend to seven years, or with fine or with both.
209. 'B' is on his trial for receiving stolen property. What facts must be proved to establish the charge? (Ch 9
Criminal). Your discussion must be no more than 750 words.
Stolen property means; - Property, the possession where of has been transferred by theft, or by extortion, or by
robbery, and property which has been criminally misappropriated or in respect of which criminal breach of trust has
been committed, is designated as" stolen property" whether the transfer has been made or the misappropriation or
breach of trust has been committed, within or without the Union of Myanmar, But, if such property subsequently
comes into the possession of a person legally entitled to the possession thereof, it then causes to be stolen property.
Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be
stolen property, shall be punished with imprisonment of either description for a term which may extend to three
years, or with fine, or with both.1
to believe to have been stolen, shall be punished with imprisonment for a term of twenty years, or with rigorous
Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property shall
be punished with imprisonment for a term of twenty years, or with imprisonment of either description for a term
Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has
reason to believe to be stolen property shall be punished with imprisonment of either description for a term which
may extend to three years, or with fine, or with both.
So, above facts must be proved to establish the charge for receiving stolen property.
210. How can be punishable when a person commits the provision of section 66 of the Child Law? (Ch 14
Criminal). Discuss it about 500 words.
Section 66. Whoever commits any of the following acts shall, on conviction be punished with imprisonment for a
term which may extend to 2 years or with fine which may extend to kyats 10,000 or with both: -
(a) neglecting knowingly that a girl under his guardianship, who has not attained the age of 16 is earning a
livelihood by prostitution;
(b) permitting a child under his guardianship to live together or to consort with a person who earns a livelihood by
prostitution;
(c) employing a child to beg for his personal benefit; failing to prevent a child under his guardianship from begging;
making use of the child in any manner in his livelihood of begging;
(d) willfully maltreating a child, with the exception of the type of admonition by a parent, teacher or a person having
the right to control the child, which is for the benefit of the child;
(e) inserting and announcing information revealing the identity of a child who is accused of having committed an
offence or who is participating as a witness in any case, in the radio, cinema,
television, newspapers, magazines, journals or publications and displaying or making use of the photograph of the
child without the prior consent of the relevant juvenile court;
(f) using the child in pornographic cinema, video, television photography.
211. What are the essential elements of the offence of theft? (Ch 9 Criminal). Discuss it about 700 words.
The definition of theft is provided in Section 378 of Criminal Law.
In order to constitute theft, five factors are essentials.
Whoever
Explanation 1
A thing so long as it is attached to the earth not being moveable property, is not the subject of theft, but it becomes
capable of being the subject of theft as soon as it is severed from the earth.
Explanation 2
A moving affected by the same act which effects the severance may be a theft.1
Illustration
A cuts down a tree on Z's ground, with the intention of dishonestly taking the tree out of Z's possession without Z's
consent. Here, as soon as A has severed the tree in order to such taking, he has committed theft.
Explanation 3
A person is said to cause a thing to move by removing an obstacle, which prevented it from moving, or by
separating it from any other thing, as well as by actually moving it.
Explanation 4
A person who by any means causes an animals to move is, said to move that animals, and to move everything
which, in consequence of the motion so caused, is moved by that animal.
Illustration
(1) A puts a bait for dogs in his pocket, and thus induces Z's dog to follow him, Here, if A's intention be dishonestly
to take the dog out of Z's possession without Z's consent, A has committed theft as soon as Z's dog has begun to
follow A.
(2) A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction in order that he may
dishonestly take the treasure. As soon as the bullock beings to move; A has committed theft of the treasure.
Explanation 5
The consent mentioned in the definition may be expressed or implied, and may be given either by the person in
possession, or by any person having for that purpose authority either express or implied.
Illustration
(1) A asks charity from Z's wife. She gives A money, food and clothes; which A knows to belong to Z, her husband.
Here, it is probable that A may conceive that Z's wife is authorized to give away alms. If this was A's impression, A
has not committed theft.
(2) A is the paramour of Z's wife. She gives A valuable property, which A knows to belong to her husband Z and to
be such property as she has not authority from Z to give. If A takes the property dishonestly, he commits theft.
The definition of dishonestly is mentioned in Section 24 of Criminal Law. Whoever does anything with the intention
of causing wrongful gain to one person or wrongful loss to another person is said to do that thing "dishonestly".
Punishment for theft
Whoever commits theft is punished with imprisonment of either description for a term which may extend to three
years, or with fine or with both.
Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling or
used for the custody of property, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable fine.
Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect
of any property in the possession of his master or employer shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Whoever commits theft, having made preparation for causing death, or restraint, or fear of death, or of hurt, or of
restraint to any person in order to the committing of such theft, or in order to the
effecting of his escape, after the committing of such theft, or in order to the retaining of property taken by such theft,
shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to
fine.
212. Define the term 'Decoity' and what are the punishments of decoity? (Ch 9 Criminal).Specify it of 500 words or
more.
The definition of dacoity is stated in Section of dacoity is stated in Section 391 of Criminal Law, when five or more
persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly
committing or attempting to commit a robbery and persons present and aiding such commission or attempt amount
to five or more; every person so committing, attempting or aiding is said to commit
"dacoity".
Dacoity includes theft, and if no property is carried off there is no dacoity but and offence under Section 402.
Punishment for dacoity
Whoever commits dacoity shall be punished with imprisonment for a term of twenty years, or with rigorous
imprisonment for a term, which may extend to ten years, and shall also be liable to fine.( 2 Section 395 of Penal
Code.)
If anyone of five or more person, who are conjointly committing dacoity, commits murder in so committing dacoity,
every one of those persons shall be punished with death, or transportation for life, or rigorous imprisonment for a
term which may extend to ten years, and shall also be liable to fine. (2 Section 397 of the Penal Code.)
The Section declares the liability of other persons as co-extensive with the one who has actually committed murder.
If, at the time of committing robbery or dacoity, the offender (*) causes grievous hurt to any person, the
imprisonment with such offender shall be punished shall not be less than seven years. (Section 396 of the Penal
Code)
Whoever makes any preparation for committing dacoity shall be punished with rigorous imprisonment for a term,
Besides whoever shall belong to a gang of persons associated for the purpose of habitually committing dacoity shall
be punished with imprisonment for a term of twenty years, or with rigorous imprisonment
for a term, which may extend to ten years, and shall also be liable to fine. (Section 400 of Penal Code.)
Whoever shall be one of five or more persons assembled for the purpose of committing dacoity shall be punished
with rigorous imprisonment for a term, which may extend to seven years, and shall also be liable to fine. (Section
402 of Penal Code)
Whoever shall belong to any wandering or other gang of persons associated for the purpose habitually committing
theft or robbery, and not being a gang of thugs or dacoite, shall be punished with rigorous imprisonment for a term,
which may extend to seven years, and shall also be liable to fine. (Section 401 of the Penal Code.)
to
believe to have been stolen, shall be punished with imprisonment for a term of twenty years, or with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable to fine. (Section 412 of the Penal
Code.)
213.Explain the powers of the Social Welfare Officer. (Ch 14 Criminal). Your answer must be no less than 750
words.
Sec 33. (a) Whoever is of the opinion that any child mentioned in section 32 should be protected and cared by the
State may intimate the relevant Social Welfare Officer stating the facts of the case;
(b) The Social Welfare Officer shall, on receipt of the intimation under sub-section (a) or if he has personally
received information in any manner make investigations in the manner prescribed to determine whether or not
the child needs the protection and care of the State and submit his findings together with his opinion to the Director
General;
(c) The Social Welfare Officer has the following powers in respect of the investigation under sub-section (b) –
(i) informing the parents, guardian or police officer and
causing the child to be brought before him;
(ii) entrusting the child to the parents or guardian on execution of a bond or sending the child to a temporary
care station, before receiving the decision of the Director General.
(iii) calling and examining necessary witnesses;
(iv) hearing the explanation of the parents, guardian or the child, if necessary.
Section34. The Director General shall lay down and carry out any of the following arrangements if he finds, on
scrutiny that the child needs the protection and care of the State according to the report submitted by the Social
Welfare Officer: -
(a) in the case of a child whose character needs to be reformed, sending the child to any training school till he attains
the age of 18 years as a maximum period;
(b) in the case of a child in need of custody and care, entrusting the child to a home or to a custodian till he attains
the age of 18 years as a maximum period;
(c) in the case of a child needing supervision, causing the child to be supervised by a Probation Officer for a period
not exceeding 3 years;
(d) in the case of a child of unsound mind, sending the child to the Mental Hospital and making arrangements for
medical treatment;
(e) in the case of a child who is afflicted with a contagious disease, sending the child to the relevant hospital and
making arrangements for medical treatment.
Section 35. The Director General may direct the relevant Social Welfare Officer-
(a) to implement the arrangement laid down under section 34 in the manner prescribed;
(b) to entrust the child to the care of the parents or guardian on executionof a bond to the effect that they will take
good care and control of the child, in the case of a child who has parents or guardian and who is found, on scrutiny
to need only the custody and care of such parents or guardian;
(c) to entrust the child to the care of the parents or guardian, with or without execution of a bond, in the case of a
child who is found, on scrutiny to have complied with the arrangement laid down under
section34, sub-section (a) or sub-section (c) for at least one year and whose moral character has improved.
Section36. The Director General may –
(a) exercise the power mentioned in section 35 sub-section (c) at his discretion or on the submission of the Principal
of the relevant training
school or Probation Officer or the parents or guardian;
(b) alter as may be necessary any arrangement laid down under section 34 sub-section (b), sub-section (d) or sub-
section (e), if there is sufficient reason to do so;
(c) transfer a child committed to one training school to another training school, if there is sufficient reason to do so;
(d) grant the following rights in the manner prescribed to a child committed to a training school: -
(i) right to leave a training school as a temporary arrangement to be placed under the management and supervision
of a home or a custodian;
(ii) right to travel on an emergency parole licence for the period required to visit his parents, guardian or near
relative who is seriously ill.
(iii) right to live out on a parole licence;
(iv) right to live outside the training school with any suitable person under the management and supervision of the
training school;
(e) delegate the powers conferred on him under this section to a Social Welfare Officer or a Principal of a training
school.
214.Explain the kidnappings provided in the Penal Code. (Ch 8 Criminal). Specify it of 500 words or more.
Kidnapping, abduction and labour
Kidnapping is of two kinds; Kidnapping from the Union of Myanmar, and kidnapping from lawful guardianship.
Kidnapping from the Republic of the Union of Myanmar Whoever conveys any person beyond the limits of the
Union of
Myanmar without the consent of that person, or of some person legally authorized to consent on behalf of that
person, is said to kidnap that person from the Union of Myanmar.
Kidnapping from lawful guardianship
Whoever takes or entices any minor under fourteen years of age if a male, or under eighteen years of age if a female,
or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind
without the consent of such guardian, is said to kidnap such mirror or person from lawful guardianship.
Explanation
The words "lawful guardian" in this Section includes any person
lawfully entrusted with the care or custody of such minor or other person.
Exception
This Section does not extend to the act of any person who in good faith believes himself to be the father or an
illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless
such act is committed for an immoral or unlawful purpose.
Whoever kidnaps any person from the Republic of the Union of Myanmar or from lawful guardianship shall be
punished with imprisonment of either description for a term, which may extend to seven years, and shall also be
liable to fine.
Whoever kidnaps or abducts any person in order that such person may be murdered, or may be so disposed of as to
be put in danger of being murdered, shall be punished with imprisonment for a term of twenty years, or rigorous
Whoever kidnaps or abducts any person with intent to causes that person to be secretly and wrongfully confined
shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also
be liable to fine.
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she
will be compelled, to marry any person against her will, or in order that she may be forced or
seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall
be punished with imprisonment of either description for a term which may extend to ten years, and shall also be
liable to fine; and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any
other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that
it is likely that she will be, forced or seduced to illicit intercourse with another shall also be punishable as aforesaid.
Kidnapping or abducting in order to subject to person to grievous hurt, slavery, etc.
Whoever kidnaps or abducts any person in order that such person may be subject, or may be so disposed of as to be
put in danger of being subjected, to grievous hurt or slavery, or to the unnatural lust of any person or knowing it to
be likely that such person will be so subjected or disposed of shall be punished with imprisonment of either
description for a term which may extend to ten years and shall also be liable to fine.
215.Explain extortion and distinction between theft and extortion. (Ch 9 Criminal). You must write it between 150-
200 words.
The definition of extortion is prescribed in Section 383 of Criminal Law.
"Whoever, intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly
induces the person so put in fear to delivery to any person any property or valuable security or anything signed or
sealed which may be converted into a valuable security, committed "extortion".

"Whoever, intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly
induces the person so put in fear to delivery to any person any property or valuable security
or anything signed or sealed which may be converted into a valuable security, committed "extortion".1
(1) Extortion is committed by the wrongful obtaining of consent. In theft the offender takes without the owner's
consent.
(3) In extortion the property is obtained by intentionally putting a person in fear of injury to that person or to any
other, and thereby dishonestly inducing him to part with his property. In theft the element of force does not arise.
216. When can a police officer arrest without warrant? (Ch 2 Criminal)
You must write it between 300-500 words.
Section 54. (1) Any police-officer may, without an order from a Magistrate and without a warrant, arrest- first, any
person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made
or credible information has been received or a reasonable suspicion exists of his having been so concerned secondly,
any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such
person, any implement of house-breaking, thirdly, any person who has been proclaimed as an offender either under
this
Code or by order of the President of the Union; fourthly, any person in whose possession anything is found which
may
reasonably by suspected to be stolen property and who may reasonably be suspected of having committed an offence
with reference to such thing; fifthly, any person who obstructs a police-officer while in the execution of
his duty, or who has escaped, or attempts to escape, from lawful custody; sixthly, any person reasonably suspected
of being a deserter from [the Myanmar] Army, Navy or Air Force; seventhly, any person who has been concerned
in, or against whom a reasonable complaint has been made or credible information has been received or a reasonable
suspicion exists of his having been concerned in, any act committed at any place out of the Union of Myanmar
which, if committed in the Union of Myanmar, would have been punishable as an offence, and for which he is,
under any law relating to extradition or otherwise, liable to be apprehended or detained in custody in the Union of
Myanmar;
eighthly; any released convict committing a breach of any rule made under section 565, sub-section (3), ninthly, any
person for whose arrest a requisition has been received from another police-officer, provided that the requisition
specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears
there from that the person might lawfully be arrested without a warrant by the officer who issued the requisition.
217. Define confession and answer the procedure to be followed in recording the confession. (Ch 3 Cr P C). Discuss
it about 800 words.
218. Describe about warrant of arrest. (Ch 2 Cr P C). Discuss it about 500 words.
Section 75. (1) Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding
officer, or in the case of a Bench of Magistrates by any member of such Bench and shall bear the seal of the Court.
(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.
Section 77. (1) A warrant of arrest shall ordinarily be directed to one or more police-officers but the Court issuing
such a warrant may, if its immediate execution is necessary and no police-officer is immediately available, direct it
to any other person or persons and such person or persons shall execute the same.
(2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or
more, of them.
Section 79. A warrant directed to any police-officer may also be executed by any other police-officer whose name is
endorsed upon the warrant by the officer to whom it is directed or endorsed.
Section 82. A warrant of arrest may be executed at any place in the Union of Myanmar.
Section 83. (1) When a warrant is to be executed outside the local limits of the jurisdiction of the Court issuing the
same, such Court may, instead of directing such warrant to a police-officer, forward the same by post or otherwise to
any Magistrate or District Superintendent of Police within the local limits of whose jurisdiction it is to be executed.
(2) The Magistrate or District Superintendent to whom such warrant is so forwarded shall endorse his name thereon
and, if practicable, cause it to be executed in manner hereinbefore provided within the local limits of his jurisdiction.
Section 84. (1) When a warrant directed to a police-officer is to be executed beyond the local limits of the
jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to a Magistrate or to a
police officer not below the rank of an officer in charge of a station, Within the local limits of whose jurisdiction the
warrant is to be executed.
(2) Such Magistrate or police-officer shall endorse his name thereon and such endorsement shall be sufficient
authority to the police-officer to whom the warrant is directed to execute the same within such limits and the local
police shall, if so required, assist such officer in executing such warrant.
(3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or
police-officer within the local limits of whose jurisdiction the warrant is to be executed will prevent such execution,
the police-officer to whom it is directed may execute the same
without such endorsement in any place beyond the local limits of the jurisdiction of the Court which issued it.
219. What is sommon trial? (Ch 4 Cr P C) . Specify it of 1000 words or more.
Section 260. (1) Notwithstanding anything contained in this Code-
(a) the District Magistrate,
(b) any Magistrate of the first class specially empowered in this behalf by the President of the Union, and
(c) any Bench of Magistrates invested with the powers of a Magistrate of the first class and specially empowered in
this behalf by the President of the Union may, if he or they think fit, try in a summary way all or any of the
following offences
(a) offences not punishable with death, transportation or imprisonment for life or imprisonment for a term of
unlimited period or imprisonment for a term of twenty years as provided in the relevant law or imprisonment for a
term exceeding one year;
(b) theft, under section 379,380 or 381 of the Penal Code, where the value or the property stolen does not exceed
fifty thousand kyats,
(c) dishonest misappropriation of property under section 403, and criminal breach of trust under section 406, of the
same Code, where the value of the property misappropriated or converted does not exceed fifty thousand kyats;
(d) receiving of retaining stolen property under section 4711, and assisting in the concealment or disposal of stolen
property under section 414, of the same Code, where the value of such property does not exceed fifty thousand
kyats;
(e) mischief under section 427 of the same Code;
(f) offences under sections 451, 453, 454, 456 and 457 of the same Code;
(g) insult with intent to provoke a breach of the peace under section 504, and criminal intimidation under section
506, of the same Code;
(h) abetment of any of the foregoing offences;
(I) attempt to commit any of the foregoing offences, when such attempt is an offence;
Provided that no case in which a Magistrate exercises the special powers conferred by section 34 shall be tried in a
summary way.
(2) When in the course of a summary trial it appears to the Magistrate or Bench that the case is one which is of a
character which renders it undesirable that it should be tried summarily, the Magistrate or Bench shall recall any
witnesses who may have been examined and proceed to re-hear the case in manner provided by this Code.
Section 261 The president of the Union may confer on any Bench of magistrates invested with the powers Of a
Magistrate of the second or third class power to try summarily all or any of the following offences :-
(a) offences not punishable with death, transportation or imprisonment for life or imprisonment for a term of
unlimited period or imprisonment for a term of twenty years as provided in the relevant law or or imprisonment for a
term exceeding three months;
(b) offences against sections 264, 265, 266, 269, 271, 272, 273,274, 275, 276, 279, 280, 282, 284, 285, 286, 289,
290, 291, 292, 293, 294, 323, 337, 342, 374, 434, 448 and 504, of the Penal Code;
(c) theft under section 379 or 380 of the same Code, where the value of the property stolen does not exceed thirty
thousand kyats;
(d) dishonest misappropriation of property under section 403 of the same Code, where the value of the property
misappropriated does not exceed thirty thousand kyats;
(e) receiving or retaining stolen property under section 411, and assisting in the concealment or disposal of stolen
property under section 414 of the same Code, where the value of such property does not exceed thirty thousand
kyats;
(f) abetment of any of the foregoing offences;
(g) attempt to commit any of the foregoing offences when such attempt is an offence.
Section 262 (1) In trials under this Chapter, the procedure prescribed for summonscases shall be followed in
summons-cases, and the procedure prescribed for warrant-cases shall be followed in warrant-cases, except as
hereinafter mentioned.
(2) No sentence of imprisonment for a term exceeding six months shall be passed in the case of any conviction
under this Chapter.
Section 263 In cases where no appeal lies, the Magistrate or Bench of Magistrates need not record the evidence of
the witnesses or frame a formal charge but he or they shall enter in such form as the President of the Union may
direct the following particulars
(a) the serial number;
(b) the date of the commission of the offence;
(c) the date of the report or complaint;
(d) the name of the complainant (if any);
(e) the name, percentage and residence of the accused.
(f) theoffencecomplainedofand the offence (if any)proved, and in case coming under clause (b), clause (c) or clause
(d) of subsection (1) of section 260 or clause (c), clause (d) or clause (e) of section 261,11 the value of the property
in respect of which the offence has been committed,
(g) the plea of the accused and his examination (if any);
(h) the finding, and in the case of a conviction a brief statement of the reasons therefore ;
(i) the sentence or other final order; and
(j) the date on which the proceedings terminated.
Section 264 (1) In every case tried summarily by a Magistrate or Bench in which an appeal lies, such Magistrate or
Bench shall, before passing sentence, record a judgment embodying the substance of the evidence and also the
particulars
mentioned in section 263.
(2) Such judgment shall be the only record in cases coming within this section.
Section 265 (1) Records made under section 263 and judgments recorded under
section 264 shall be written or prepared by the Magistrate in the language of the
Court, and shall be signed by him.

(2) The President of the Union may authorize any Bench of Magistrates empowered
to try offences summarily to prepare the aforesaid record or judgment by means of
an officer appointed in this behalf by the District Magistrate, and the record or
judgment so prepared shall be signed by each member of the Bench present and
taking part in the proceedings.
(3) If no such authorization is given, the record prepared by any member of the
Bench and signed as aforesaid shall be the proper record.
(4) If the members of the Bench differ in opinion any dissentient member may write
a separate judgment.
Section 342 (1) Every person accused of an offence shall be a competent Witness on
his own behalf in an any inquiry into or trial of the said offence, whether person so
accused is accused solely or jointly with any other person or person and his
evidence may be used against any person or persons tried jointly him Provided as
follows: ---
(a) the accused shall not be examined as a witness except at his desire;
(b) before giving evidence the accused shall be warned by the Court that he is not
bound to give evidence, and that if he does so his evidence may be used against any
person or persons tried jointly with him;
(c) the failure of the accused to give evidence shall not be made the subject of any
comment by the prosecution, but the Court and the jury (if any) may draw such
inference there from as it thinks just;
(d) the accused shall not be asked in cross-examination, and if asked shall not be
required to answer, any question tending to show that he has committed or been
convicted of or been charged with any offence other than that wherewith he is then
charged, or is of bad character, unless
(i) the proof that he has committed or been convicted of such other offence is
admissible evidence to show that he is guilty of the offence wherewith he is them
charged ; or
(ii) he has personally or by his pleader asked question of the witnesses for the
prosecution with a view to establish his own good character, or has given evidence
of his good character, or the nature or conduct of the defence is such as to involve
imputations on the character of the witnesses for the prosecution : or
(iii) he has in his evidence made statements against any other person tried jointly
with him;
(e) no prosecution for the offence of giving false evidence shall institute against the
accused, except with the sanction of a High Court of the Region or a Hight Court of
the State.
(2) (i) Notwithstanding anything contained in sub- section (1). for purpose of
enabling the accused to explain any circumstances appearing evidence against him
the Court may, at stage of any inquiry or trial previously warning the accused, put
such questions to him as the Court Considers necessary, and shall, when the accused
declines to give evidence on his own behalf, for the purpose aforesaid, question him
generally on the case the witnesses for the prosecution have been examined and
before he is on for his defence.
(ii) The answers given by the accused to the questions put to him under the
provisions of clause (i) may be taken into consideration in such inquiry or trail.
(iii) The accused shall not render himself liable to punishment by refusing to answer
any questions put to him under clause (i) or by giving false answers to them; but the
Court and the jury (if any) may draw such inference from such refusal or answers as it thinks just.
(iv) No oath shall be administered to the accused in connection with any examination under this sub- section.
(3) The depositi6n (if any) of the accused recorded under sub- section (2), clause (i), may be put in evidence for or
against him in any other inquiry into or trial for any other offence which such deposition or such answers may tend
to show he has
committed.
Section 87 (1) if any Court has reason to believe (whether after taking evidence or
not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that
such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a
specified place and at a specified time not less than thirty days from the date of publishing such proclamation.
(2) The proclamation shall be published as follows:-
(a) It shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides.
(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or
to some conspicuous place of such town or village; and
(c) a copy thereof shall be affixed to some conspicuous part of the Court-house.
(3) A statement in writing by the Court issuing the proclamation to the effect that
the proclamation was duly published on a specified day shall be conclusive
evidence that the requirements of this section have been complied with, and that the proclamation was published on
such day.
Section 88 (1) The Court issuing a proclamation under section 87 may at any time
order the attachment of any property, moveable or immoveable or both, belonging to the proclaimed person,.
(2) Such order shall authorize the attachment of any property belonging to such
person within the district in which it is made and it shall authorize the attachment of
any property belonging to such person without such district when endorsed by the
District Magistrate within whose district such property is situate.
(3) If the property ordered to be attached is a debt or other moveable property, the attachment under this section
shall be made.-
(a) by seizure or
(b) by the appointment of a receiver ; or
(c) by an order in writing prohibiting the delivery of such property to the proclaimed
person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(4) If the property ordered to be attached is immoveable, the attachment under this
section shall, in the case of land paying revenue to Government, be made through the Collector of the district in
which the land is situate, and in all other cases.-
(e) by taking possession; or
(f) by the appointment of a receiver; or
(g) by an order in writing prohibiting the payment of rent or delivery of property to
the proclaimed person or to any one on his behalf; or
(h) by all or any two of such methods, as the Court thinks fit.
(5) If the property ordered to be attached consists of live-stock or is of a perishable
nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in
such case the proceeds of the sale shall abide the order of the Court.
(6) The powers duties and liabilities of a receiver appointed under this section shall
be the same as those of a receiver appointed under the Code of Civil Procedure.
(6A) If any claim is preferred to. or objection made to the attachment of any
property attached under this section, within six months from the date of such
attachment, by any person other than the proclaimed person, on the ground that the
claimant or objector has an interest in such property, and that such interest is not
liable to attachment under this section, the claim or objection shall be inquired into,
and may be allowed or disallowed in whole or in part:
Provided that any claim preferred or objection made within the period
allowed by this sub-section may, in the event of death of the claimant or objector be
continued by his legal representative.
(6B) Claims or objections under sub-section (6A) may be preferred or made in the
Court by which the order of attachment is issued or, if the claim or objection is in
respect of property attached under an order endorsed by a District Magistrate in
accordance with the provisions of sub-section (2), in the Court of such Magistrate.
(6C) Every such claim or objection shall be inquired into by the Court in which it is
preferred or made;.
Provided that, if it is preferred or made in the Court of a District Magistrate, such
Magistrate may make it over for disposal to any magistrate of the first or second
class subordinate to him.
(6D) Any person whose claim or objection has been disallowed in whole or in part
by an order under sub-section (6A) may, within a period of one year from the date of such order, institute a suit to
establish the ri2ht which he claims in respect of the
property in dispute but subject to the result of such suit, if any, the order shall be
conclusive.
(6E) If the proclaimed person appears within the time specified in the proclamation,
the Court shall make an order releasing the property from the attachment.
(7) If the proclaimed person does not appear within the time specified in the
proclamation, the property under attachment shall be at the disposal of Government
but it shall not be sold until the expiration of six months from the date of the
attachment and until any claim preferred or objection made under sub-section (64)
has been disposed of under that sub-section unless it is subject to speedy and natural
decay or the Court considers that the sale would be for the benefit of the owner in
either of which cases the Court may cause it to be sold whenever it thinks fit.
Section 89 If, within two years from the date of the attachment any person whose
property is or has been at the disposal of Government, under sub-section (7) of
section 88, appears voluntarily or is apprehended and brought before the Court by
whose order the property was attached, or the Court to which such Court is
subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose
of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend
within the time
specified therein, such property or, if the same has been sold, the net proceeds of the
sale, or, if part only thereof has been sold, the net proceeds of the sale and the
residue of the property, shall, after satisfying there out all costs incurred in consequence of the attachment, be
delivered to him.
Section 350 (1) Whenever any Magistrate, after having heard and recorded the whole or any part of the evidence in a
inquiry or a trail, ceases to exercise
jurisdiction therein, and is succeeded by another Magistrate who has and who exercises such jurisdiction, the
Magistrate so succeeding may act on the evidence so
recorded by his predecessor, or partly recorded by his predecessor, or partly recorded by himself; or he may re-
summon the witnesses and recommence the inquiry or trial;
it about 800 words.
inquiry or tired.
(2) Such statements shall be recorded in such of the manners hereinafter prescribed for recording evidence as is in
his opinion best fitted for the circumstances of the case. Such confessions shall be recoded and signed in the manner
provided in section 364, and such statements or confessions shall then be forwarded to the Magistrate by whom the
case is to be inquired into or tried.
(3) A Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to
make a confession and that if he does so it may be used as evidence against him, and no Magistrate shall record any
such confession unless, upon questioning the person making it, he has reason to believe that it was made voluntarily
and, when he records any confession, he shall make a memorandum at the foot of such record to the following
effect.
"I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may
make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in
my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it
contains a full and true account of the statement made by him.
(Signed) A.B., Magistrate.
Explanation.-It is not necessary that Magistrate receiving and recording a confession or statement should be a
Magistrate having jurisdiction in the case.
Explanation of accused how recorded
Section 364 (1) Whenever the accused is examined by any Magistrate [under sub section (2) of section 342], or by
any Court other than a High Court of the Region or a High Court of the State such examination, including every
question put to him and every answer by him, shall be recorded in full, in the language in which he is examined, or,
if that is not
practicable, in the language of the Court, and such shall be shown or read to him, or, if he does not understand the
language which it is written, shall be interpreted to him in a language which he understands, and he shall be at
liberty to explain or add to his answers.
(2) When the whole is made conformable to what he declares is the truth, the record shall be signed by the accused
and the Magistrate or Judge or such Court, and such Magistrate or Judge shall certify under his own hand that the
examination was taken in his presence and hearing and that the record contains a full and true account of the
statement made by the accused.
(3) In cases in which the examination of the accused is not recorded by the Magistrate or Judge himself, he shall be
bound, as the examination proceeds, to make a memorandum thereof in the language of the Court; and such
memorandum shall be written and signed by the Magistrate or Judge with his own hand, and shall be annexed to the
record. If the Magistrate of Judge is unable to makes a memorandum as above required, he shall record the reason of
such inability.
(4) Nothing in this section shall be deemed to apply to the examination of an accused person under section 263.
Section 533 (1) If any Court, before which a confession or other statement of an accused person recorded or
purporting to be recorded under section 164 or section 364 is tendered or has been received in evidence, finds that
any of the provisions of either of such sections have not been complied with by the Magistrate recording the
statement, it shall take evidence that such person duly made the statement recorded; and, notwithstanding anything
contained in the Evidence Act, section 91, such statement shall be admitted if the error has not injured the accused
as to his defence on the merits.
(2) The provisions of this section apply to Court of appeal, reference and revision.
221.What are the general provisions relating to arrest? (Ch 2 Cr P C) Discuss it about 500 words.
Section 60. A police-officer making an arrest without warrant shall, without unnecessary delay and subject to the
provisions herein contained as to bail, take or send the person arrested before the officer in charge of a police-
station.
Section 61. No police-officer shall detain in custody a person arrested without warrant for a longer period than under
all the circumstances of the case is reasonable and such period shall not, in the absence of a special order of a
Magistrate under section 167, exceed twenty four hours exclusive of the time necessary for the journey from the
place of arrest to [the police-station, and from there to the Magistrate's Court].
Section 167. (1) Whenever any person is arrested and detained in custody, and if appears that the investigation
cannot be completed within the period of twenty four hours fixed by section 61, and there are grounds for believing
that the accusation or information is well-founded, the officer in charge of the police-station or the police-officer
making the investigation shall forthwith transmit to the nearest Magistrate a copy of the entries in the diary
hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.
(2) The Magistrate to whom the accused person is forwarded under this section may, whether he has or has not
jurisdiction to try the case, from time to me authorize the detention of the accused in such custody as such
Magistrate thinks fit. But the detention of such person shall not exceed in the whole 30 days where a person is
accused of an offence punishable with rigorous imprisonment for a term of not less than seven years, and where a
person is accused of an offence punishable with rigorous imprisonment for a term of less than seven years, the
detention of such person shall not exceed 15 days in the whole. If such Magistrate has not jurisdiction to try the case
or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a
Magistrate having such jurisdiction:
Provided that no Magistrate of the third class, shall authorize detention in the custody of the police (3) A Magistrate
authorizing under this section detention in the custody of the police shall record his reasons for so doing.
(4) If such order is given by a Magistrate other than the District Magistrate or Subdivisional Magistrate, he shall
forward a copy of his order, with his reasons for making it, to the Magistrate to whom he is immediately
subordinate.
222.What are the statements to the police? How can such statement be used an evidence? Give your answer with
legal provisions and cases. (Ch 3 Cr P C) . Specify it of 500 words or less.
Section 162 (1) No statement made by any person to a police-officer in the course of an investigation under this
Chapter shall, if reduced into writing, be signed by the person making it, nor shall any such statement or any record
thereof, whether in a police diary or otherwise, or any part of such statement or record, be used as evidence (save as
hereinafter provided) at any inquiry or trial in respect of any offence under investigation at the time when such
statement was made:
Provided that when any witness, whose statement has been reduced into writing as aforesaid, is called either for the
prosecution or for the defence in such inquiry or trial, any part of such statement, if duly proved, may be used either
by the defence or by the prosecution, as the case may be, for the purpose of contradicting such witness in the manner
provided by section 145 of the Evidence Act, or for the purpose of impeaching the credit of such witness in the
manner provided by section 155 of the Evidence Act: and when any part of such statement is so used any part
thereof may also be used in the re-examination or such witness for the purpose only of explaining any matter
referred to in the cross-examination.
(2) When any such statement as aforesaid has been reduced into writing the Court shall, on the request of the
accused, direct that the accused be furnished with a copy thereof:
Provided that if the Court is of opinion that any part of such statement is not relevant to the subject-matter of the
inquiry or trial, or that its disclosure to the accused is not essential in the interest of justice and is also inexpedient in
the public interest, it shall record such opinion (but not the reason there for) and shall exclude such part from the
copy of the statement furnished to the accused.
(3) Nothing in this section shall be deemed to apply to any statement falling within the provisions of section 27 or of
clause (1) of section 32 of the Evidence Act.
State the jurisdiction of the Court of Reference and Revision. (Ch 7 Cr P C). You must write it between 300-500
words.
Reference
Revision
Section 434.(1) When any person has, in a trial before a Judge or the Supreme Court of the Union or a High Court of
the Region or a High Court of the State acting in the exercise of its original criminal jurisdiction, been convicted of
an offence, the Judge, if he thinks fit, may reserve and refer for the decision of a Court consisting of two or more
Judge of such Court any question of law which has arisen in the course of the trial of such person, and the
determination of which would affect the event of the trial.
(2) If the Judge reserves any such question, the person convicted shall, pending the decision thereon, be remanded to
jail, or, if the Judge thinks fit be admitted to bail, and the Supreme Court of the Union or a High Court of the Region
or a High Court of the State shall have power to review the case or such part of it as may be necessary, and finally
determine such question, and thereupon to alter the sentence passed by the Court of original jurisdiction, and to pass
such judgment or order as the High Court thinks fit.
Reference and Revision
Section 435.(1) the Supreme Court of the Union or a High Court of the Region or a High Court of the State or any
District Court, may call for and examine the record of any proceeding before any inferior criminal Court situate
within the local limits of its or his jurisdiction for the purpose .of satisfying itself or himself as to the correctness,
legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings
of such inferior Court and may, when calling for such record, direct that the execution of any sentence be suspended
and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the
record.
(2) If any Sub-divisional Magistrate acting under sub-section (1) considers that any such finding, sentence or order
is illegal or improper, or that any such proceedings are irregular, he shall forward the record, with such remarks
thereon as he thinks fit, to the District Magistrate.
(4) If an application under this section has been made either to the Sessions Judge or District Magistrate, no further
application shall be entertained by the other of them.
223. State the jurisdiction of the Court of Reference and Revision. (Ch 7 Cr P C). You must write it between 300-
500 words.
Reference
Revision
Section 434.(1) When any person has, in a trial before a Judge or the Supreme Court of the Union or a High Court of
the Region or a High Court of the State acting in the exercise of its original criminal jurisdiction, been convicted of
an offence, the Judge, if he thinks fit, may reserve and refer for the decision of a Court consisting of two or more
Judge of such Court any question of law which has arisen in the course of the trial of such person, and the
determination of which would affect the event of the trial.
jail, or, if the Judge thinks fit be admitted to bail, and the Supreme Court of the Union or a High Court of the Region
or a High Court of the State shall have power to review the case or such part of it as may be necessary, and finally
determine such question, and thereupon to alter the sentence passed by the Court of original jurisdiction, and to pass
such judgment or order as the High Court thinks fit.
Section 435.(1) the Supreme Court of the Union or a High Court of the Region or a High Court of the State or any
District Court, may call for and examine the record of any proceeding before any inferior criminal Court situate
within the local limits of its or his jurisdiction for the purpose .of satisfying itself or himself as to the correctness,
legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings
of such inferior Court and may, when calling for such record, direct that the execution of any sentence be suspended
and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the
record.
224.Explain the procedure on forfeiture of bond. (Ch 6 Cr P C). Discuss it about 500 words.
Section 514.(1) Whenever it is proved to the satisfaction of the Court by’ which a bond under this Code has been
taken, or of the Court of a Magistrate of the first class, or when the bond is for appearance before a Court to the
satisfaction of such Court. that such bond has been forfeited, the Court, shall record the ground of such proof and
may call upon any person bound by such bond to pay the penalty thereof, or to show cause why it should not be
paid.
(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same by issuing
a warrant for the attachment and sale of the moveable property belonging to such person or his estate if he be dead.
(3) Such warrant may be executed within the local limits of the jurisdiction of the Court which issued it; and it shall
authorize the attachment and sale of any moveable property belonging to such person without such limits, when
endorsed by the District Magistrate within the local limits of whose jurisdiction such property is found.
(4) If such penalty is not paid and cannot be recovered by such attachment and sale, the person so bound shall be
liable, by order of the Court which issued the warrant, to imprisonment in the civil jail for a term which may extend
to six months.
(5) The Court may, at its discretion, remit any portion of the penalty mentioned and enforce payment in part only.
(6) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in
respect of the bond.
(7) When any person who has furnished security under section 106 or section 118 or section 562 is convicted of an
offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of
his bond under section 514 B, a certified copy of the judgment of the Court by which he was convicted of such
offence may be used as evidence in proceeding under this section against his surety or sureties, and, if such certified
copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved.
225.What are the powers of Appellate Court in disposing of appeal? (Ch 7 Cr P C).Specify it of 500 words or less.
Section 423. (1) The appellate Court shall then send for the record of the case, if such record is not already in Court.
After perusing such record, and hearing the appellant or his pleader, if he appear, and the Public Prosecutor, if he
appears, and in case of an appeal under section 417, the accused if he appears, the Court may, if it considers that
there is no sufficient ground for interfering, dismiss the appeal, or may ------
(a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the
accused be retried of committed for trial, as the case may be, or find him guilty and pass sentence on him according
to law;
(b) in an appeal from a conviction, (1) reverse the finding and sentence, and acquit or discharge the accused, or order
him to be retried by a Court of competent jurisdiction subordinate to such appellate Court or committed for trial, or
(2) alter the finding, maintaining the sentence, or with or without altering the finding, reduce the sentence, or (3)
with or without such reduction and with or without altering the finding, alter the nature of the sentence, but subject
to the provisions of section 106, subsection (3), not so as to enhance the same;
(c) in an appeal from any other order alter or reverse such order;
(d) make any amendment or any consequential or incidental order that may be just or proper.
(2) Noting herein contained shall authorize the Court to alter reverse the verdict of a jury, unless it is of opinion that
such verdict is erroneous owing to a misdirection by the Judge, or to a misunderstanding on the part of the jury of
the law as laid down by him.
226.State the provisions of the Criminal Procedure Code concerning warrant trial. (Ch 4 Cr P C).Discuss it about
1000 words.
Section 251 The following procedure shall be observed by Magistrates in the trial of warrant-cases.
Section 252 (1) When the accused appears or is brought before a Magistrate, such Magistrate shall proceed to hear
the complainant (if any) and take all such evidence as may be produced in support of the prosecution and the
accused shall have the right to cross-examine the complainant (if any) and the witnesses produced m support of the
prosecution:
Provided that the Magistrate shall not be bound to hear any person as complainant in any case m which the
complaint has been made by the Court.
(2) The Magistrate shall ascertain, from the complainant or otherwise, the names of any persons likely to be
acquainted with the facts of the case and to be able to give evidence for the prosecution, and shall summon to give
evidence before himself such of them as he thinks necessary, and the accused shall have the right to crossexamine
such person summoned to give evidence for the prosecution.
Section 253 (1) If , upon taking all the evidence referred to in section 252 and making such examination (if any) of
the accused as the Magistrate thinks necessary, he finds that no case against the accused has been made out which, if
unrequited would warrant his conviction, the Magistrate shall discharge him.
(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous
stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless.
Section 254 If, when such evidence and examination have been taken and made or at any previous stage of the case,
the Magistrate is of opinion that there is ground for presuming that the accused had committed an offence triable
under this Chapter which such Magistrate is competent to try, and which, in his opinion could be adequately
punished by hum he shall frame in writing a charge against the accused.
Section 255 (1) The charge shall then be read and explained to the accused, and he shall be asked whether he is
guilty or has any defence to make.
(2) If the accused pleads guilty, the Magistrate shall record the plea and may in his discretion convict him thereon.
Section 255 (A) In a case where a previous conviction is charged under the provisions of section 221, sub-section
(7), and the accused does not admit that he
has been previously convicted as alleged in the charge, the Magistrate may after he
has convicted the said accused under section 255, sub-section (2) or section 258 take evidence in respect of the
alleged previous conviction, and shall record a finding thereon.
Section 256 (1) If the accused refuses to plead, or does not plead or claims to be tried, he shall be required to state
forthwith whether he wishes to cross-examine
any, and, if so, which of the witnesses for the prosecution whose evidence has been taken. If he says that he does so
wish, the witnesses named by him shall be recalled and, after cross-examination and re-examination (if any), they
shall be discharged.
The evidence of any remaining witnesses for the prosecution shall next be taken,
and after cross-examination and re-examination (if any) they also shall be discharged. The accused shall then be
called upon to enter upon his defence, and if
he puts in any written statement it shall be filed with the record.
(2) On entering upon his defence the accused shall be asked whether he desires to
give evidence on his own behalf and the Magistrate shall warn him in the manner
required by sub-section (1) of section 342. If the accused decides to give evidence, his evidence shall next be taken,
and after his cross-examination -and reexamination
(if any) the evidence of witnesses for the defence (if any) shall be taken. If the accused declines to give evidence, he
shall, before the evidence of - the
witnesses for the defence is taken, be examined in the manner provided by subsection
(2) of section 342.
Section 257 (1) If the accused, after he has entered upon his defence, applies to the
Magistrate to issue any process for compelling the attendance of any witness for the
purpose of examination or cross-examination, or the production of any document or
other thing the Magistrate shall issue such process unless he considers that such
application should be refused on the ground that it is made for the purpose of
vexation or delay or for defeating the ends of justice. Such ground shall be recorded by him in writing:
Provided that, when the accused has cross-examined or had the opportunity of cross-examining any witness after the
charge is framed, the attendance of such
witness shall not be compelled under this section unless the Magistrate is satisfied that it is necessary for the
purposes of justice.
(2) The Magistrate may, before summoning any witness on such application, require that his reasonable expenses
incurred in attending for the purposes of the trial bedeposited in Court.
Section 258 (1) If in any case under this Chapter in which a charge has been framed
the Magistrate finds the accused not guilty, he shall record an order of acquittal –
(2) Where in any case under this Chapter the Magistrate does not proceed in
accordance with the provisions of section 349 or section 562, he shall, if he finds the
accused guilty, pass sentence upon him according to law.
Section 259 When the proceedings have been instituted upon complaint, and upon any day fixed for the hearing of
the case the complainant is absent, and the offence may be lawfully compounded, or is not a cognizable offence, the
Magistrate may in
his discretion, notwithstanding anything, hereinbefore contained, at any time before
the charge has been framed, discharge the accused.
227.Define charge and answer briefly the facts to be stated in the charge. (Ch 5 Cr P C). Specify it of 1000 words or
more.
Section 221 (1) Every charge under this Code shall state the offence with which the accused is charged.
(2) if the law which creates the offence gives if any specific name the offence may be described in the charge by that
name only.
(3) if the law which creates the offence does not give it any specific name, so much of the definition of the offence
must be state as to give the accused notice of the matter with which he is charged.
(4) The law and section of the law against which the offence is said to have been committed shall be mentioned in
the charge.
(5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to
constitute the offence charged was fulfilled in the particular case.
(6) The charge shall be written in the language of the Court.
(7) if the accused, having been previously convicted of any offence, .s liable, by reason of such previous conviction,
to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to rove
such previous conviction for the purpose of affecting the punishment which he Court may think fit to award for the
subsequent offence, the fact, date and lace of the previous convious shall be stated in the charge. If such statement
has been omitted, the Court may add it any time before sentence is passed.
(b) A is charge, under section 326 of the Penal Code, with voluntarily Causing grievous hurt to B by means of an
instrument for shooting. This is equivalent to a Statement that the case was not provided for by section 335 of the
Penal Code, and that the general exceptions did not apply to it.
(c) A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or using a false property-
mark. The charge may state that A committed murder, or cheating, or theft, or extortion, or adultery, or criminal
intimidation, or that he used a false property-mark, without reference to the definitions of those crimes contained in
the Penal Code; but the sections under which the offence is punishable must, in each instance, be referred to in the
charge.
(d) A is charged, under section 184 of the Penal Code, with intentionally obstructing a sale of property offered for
sale by the lawful authority of a public servant. The charge should be in those words.
Section 222(1) The charge shall contain such particulars as to tie time and place of the alleged offence, and the
person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably sufficient
to give the accused notice of the matter with which he is charged.
(2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money, it shall be
sufficient to specify the gross sum in respect of which the offence is alleged to have been committed, and the dates
between which the offence is alleged to have been committed without specifying particular items or exact dates, and
the charge so framed shall be deemed to be a charge of one offence within the meaning of section 234.
Provided that the time included between the first and last of such dates shall not exceed one year.
Section 223 When the nature of the case is such that the particulars mentioned in sections 221 and 222 do not give
the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of
the manner in which the alleged offence was committed as will be sufficient for that purpose.
(a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in
which the theft was effected.
(b) A is accused of cheating B at given time and place. The charge must set out the manner in which cheated B.
(c) A is accused of giving false evidence at a given time and place. The charge must set out that portion of the
evidence given by A which is alleged to be false.
(d) A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place.
The charge must set out the manner in which A obstructed B in the discharge of his functions.
(e) A is accused of the murder of B at a given time and place. The charge need not state the murder in which A
murdered B.
(f) A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must set out
the disobedience charged and the law infringed.
Section 225 No error in stating either the offence or the particulars required to be stated in the charge and no
omission to state the offence or those particulars shall be regarded at any stage of the case as material, unless the
accused was in fact misled by such error or omission, and it has occasioned a failure of justice.
A is accused, under section 242 of Penal Code, with having been in pos. session of counterfeit coin, having known
at the time when he became possessed thereof that such coin was counterfeit, the word fraudulently ” being omitted
in the charge. Unless it appears that was in fact misled by this omission, the error shall not be regarded as material.
(b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge or is set out
incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer
from this that the omission to set out the manner of the cheating is not material.
(C) A is charged with cheating B, and the manner in which he cheated H is not set out in the charge. There were
many transactions between A and B and. A had no means of knowing to which of them the charge referred, and
offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was,
in the case, a material error.
(d) A is charged with the murder of Khoda Baksh on the 21st Jaunary 1882 in f c , he m de ed pe ’ me w H id k h d
he d e f he murder was the 20th January 1882. A was never charged with any murder but one, and had heard the
inquiry before the Magistrate, which referred exclusively to the ease of Haidar Baksh the Court may Infer front these
facts that was not misled, and that the error in the charge was immaterial.
(e).A was charged with murdering Haidar Baksh on the 20th January 1882 and Khoda Baksh (who tried to arrest
him for that murder) on the 21st January 302. When charged for the murder of Haidar Baksh, he
was tried for the murder of Khoda Baksh. The witnesses present in his defence were in the case of Haedar Baksh.
The Court may infer from this that A was misled, and that the error was material.
Section- 227(1) Any Court may alter or add to any charge at any time before judgment is pronounced or, in the case
of trials by jury before the Court of Session or a High Court of the Region or a High Court of the State, before the
verdict of the jury is retuned.
(2) Every such alteration or addition shall be read and explained to the accused.
Section 228.(1) Whenever a charge is altered or added to by the Court after the commencement of the trial the Court
may in its discretion, either –
(a) proceed with the trial as if the new or altered charge had been the original charge, or
(b) adjourn the trial for such period as it may in the interest of justice, deem necessary, or
(c) direct a new trial
(2) When the Court either proceeds with or adjourns the trail under clause (a) or clause (b) of sub-section (1), the
prosecution and the accused shall be allowed to recall and examine, with reference to such alteration of or addition
to the charge, any witness who have been examined, and also to call any further witness whom the Court may think
to be material.
Section 230.If the offence stated in the new or altered or added charge is one for prosecution of which previous
sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been
already obtained for a prosecution on the same facts as those on which the new or altered charge is founded.
228. What are the powers of Court to order commitment? (Ch 7 Cr P C). Specify it of 500 words or more.
Section 437. Power to order commitment
When, on examining the record of any case under section 435 or otherwise, the District Judge considers that such
case is tribal exclusively by the District Court and that an accused person has been improperly discharged by the
inferior Court, the Sessions Judge or District Magistrate may cause him to be arrested, and may thereupon, instead
of directing a fresh inquiry, order him to be committed for trial upon the matter of which he has been in the opinion
of the Session Judge or District Magistrate, improperly discharged:
Provided as follows:------
(a) that the accused has had an opportunity of showing cause to such Judge or Magistrate why the commitment
should not be made
(b) that, if such Judge or Magistrate thinks that the evidence shows that some other offence has been committed by
the accused, such Judged or Magistrate may direct the inferior Court to inquire into such offence.
Section 439.(1) In the case of any proceeding the record of which has been called for by itself or which otherwise
comes to its knowledge, the Supreme Court of the Union or a High Court of the Region or a High Court of the State
a Court of the Self-Administered Division or a Court of the Self-Administered Zone or a District Court may, in its
discretion, exercise any of the Power conferred on a Court of Appeal by sections 423, 426, 427 and 428 or on a
Court by section 338, and may enhance the sentence; and when the Judge composing the Court of Revision are
equally divided in opinion, the case shall be disposed of in manner provided section 429.
(2) No order under this section shall be made to the prejudice of the accused unless he has had an opportunity of
being heard, either personally or by pleader.
(3) Where the sentence dealt with under this section has been passed by a Magistrate acting otherwise than under
section 34, the Court shall not inflict a greater punishment for the offence which, in the opinion of such Court, the
accused has committed than night have been inflicted for such offence by a Magistrate of the first class.
(4) Nothing in this section applies to an entry made under section 273, or shall be deemed to authorize the Supreme
Court of the Union or a High Court of the Region or a High Court of the State a Court of the Self-Administered
Division or a Court of the Self-Administered Zone or a District Court to convert a finding of acquittal into’ one of
conviction.
(5) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be
entertained at the instance of the party who could have appealed.
(6) Notwithstanding anything contained in this section, any convicted person to whom an opportunity has been
given under sub-section (2) of showing cause why his sentence should not be enhanced shall, in showing cause, be
entitled also to show cause against his conviction.
229. Explain the transfer of criminal cases. (Ch 8 Cr P C). Discuss it about 300 words.
Section 527.(1) The President of the Union may by notification in the Gazette, direct the transfer of any particular
case or appeal from one High Court to another High Court, or from any criminal Court subordinate to one High
Court to any other criminal Court of equal or superior jurisdiction subordinate to
another High Court, whenever it appears to him that such transfer will promote the ends of justice, or tend to the
general convenience of parties or witnesses.
Explanation- In this sub section "High Court" means the (high Court.)2 and includes the highest Court of criminal
appeal or revision in any local area which is not included within the limits of the appellate criminal jurisdiction of
the High Court.
(2) The Court to which such case or appeal is transferred shall deal with the same as if it had been originally
instituted in, or presented to such Court.
Section 528. (1) Any Sessions Judge may withdraw any case from, or recall any case which he has made over to,
any Assistant Sessions Judge subordinate to him.
(2) Any District Magistrate or Sub-divisional Magistrate may withdraw any case from, or recall any case which he
has made over to. any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for
inquiry or trial to any other such Magistrate competent to inquire into try the same.
(3) The President of the Union may authorize the District Magistrate to withdraw from any Magistrate subordinate
to him either such classes of cases as he thinks proper or particular classes of cases.
(4) Any Magistrate may recall any case made over by him under section 192, sub - section (2), to any other
Magistrate and may inquire into or try such case himself.
(5) A Magistrate making an order under this section shall record in writing his reasons for making the same.
230. Explain the maintenance of wives and children. (Ch 8 Cr P C). Your discussion must be no more than 600
words.
Section 488. (1) If any person having sufficient means neglects or refuses to maintain his wife or his legitimate or
illegitimate child unable to maintain itself, the district Magistrate, a Sub-divisional Magistrate or a Magistrate of
the first class may, upon proof or such neglect or refusal, order such person to make a monthly allowance for the
maintenance or his wife or such child, at such monthly rate, not exceeding fifty thousand kyats in the whole, as such
Magistrate thinks fit, and to pay the same to such person as the Magistrate from time to time directs.
(2) Such allowance shall be payable from the date of the order, or if so ordered from the date of the application for
maintenance.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for
every breach of the order, issued a warrant for levying the amount due in manner hereinbefore provided for levying
fines, and may sentence such person, for the whole or any part of each month’s allowance remaining unpaid after the
execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner
made Provided that, if such person offers to maintain his wife on condition of her living with him, and she refuses to
live with him, such Magistrate may consider any grounds of refusal stated by her, and any may make an order under
this section notwithstanding such offer if he is satisfied that there is just ground for so doing:
Provided further, that no warrant shall be issued for the recovery of any amount due under this section unless
application is made to the Court to levy such amount within a period of one year from the date on which it became
due.
(4) No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery,
or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual
consent
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that
without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent,
the Magistrate shall cancel the order.
(6) All evidence under this Chapter shall be taken in the presence of the husband or father, as the case may be or,
when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner
prescribed in the case of summons cases:
Provided that, if the Magistrate is satisfied that he is willfully avoiding service, or willfully neglects to attend the
Court, the Magistrate may proceed to hear and determine the case ex part. Any orders so made may be set aside for
good cause shown on application made within three months from the date thereof.
(7) The Court in dealing with applications under this section shall nave power to make such order as to costs as may
be just.
(8) Proceedings under this section may be taken against any person in any district where he resides or is or where he
last resided with his wife, or. as the case may be, the mother of the illegitimate child.
Section-489. (1) On proof of a change in the circumstances of any person receiving under section 488 a monthly
allowance, or ordered under the same section to pay a monthly allowance to his wife or child, the Magistrate may
make such alteration in the allowance as he thinks fit Provided that if he increases the allowance the monthly rate of
fifty thousand kyats in the whole be not exceeded.
(2) Where it appears to the Magistrate that, in consequence of any decision of a competent civil Court, any order
made under section 488 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same
accordingly.
231. Explain the attachment of property of person absconding. (Ch 2 Cr P C) . Discuss it about 950 words.
Section 88. (1) The Court issuing a proclamation under section 87 may at any time order the attachment of any
property, moveable or immoveable or both, belonging to the proclaimed person,.
(2) Such order shall authorize the attachment of any property belonging to such person within the district in which it
is made and it shall authorize the attachment of any property belonging to such person without such district when
endorsed by the District Magistrate within whose district such property is situate.
(3) If the property ordered to be attached is a debt or other moveable property, the attachment under this section
shall be made.-
(a) by seizure or
(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his
behalf; or
(4) If the property ordered to be attached is immoveable, the attachment under this section shall, in the case of land
paying revenue to Government, be made through the Collector of the district in which the land is situate, and in all
other cases.-

(g) by an order in writing prohibiting the payment of rent or delivery of property to the proclaimed person or to any
one on his behalf; or
(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court may, if it thinks
it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the
Court.
(6) The powers duties and liabilities of a receiver appointed under this section shall be the same as those of a
receiver appointed under the Code of Civil Procedure.
6(A) If any claim is preferred to. or objection made to the attachment of any property attached under this section,
within six months from the date of such attachment, by any person other than the proclaimed person, on the ground
that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under
this section, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part:
Provided that any claim preferred or objection made within the period allowed by this sub-section may, in the event
of death of the claimant or objector be continued by his legal representative.
(6B) Claims or objections under sub-section (6A) may be preferred or made in the Court by which the order of
attachment is issued or, if the claim or objection is in respect of property attached under an order endorsed by a
District Magistrate in accordance with the provisions of sub-section (2), in the Court of such Magistrate.
6(C) Every such claim or objection shall be inquired into by the Court in which it is preferred or mad;
Provided that, if it is preferred or made in the Court of a District Magistrate, such Magistrate may make it over for
disposal to any magistrate of the first or second class subordinate to him.
6(D) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section
(6A) may, within a period of one year from the date of such order, institute a suit to establish the right which he
claims in respect of the property in dispute but subject to the result of such suit, if any, the order shall be conclusive.
(6E) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order
releasing the property from the attachment.
(7) If the proclaimed person does not appear within the time specified in the proclamation, the property under
attachment shall be at the disposal of Government but it shall not be sold until the expiration of six months from the
date of the attachment and until any claim preferred or objection made under sub-section (64) has been disposed of
under that sub-section. Unless it is subject to speedy and natural decay or the Court considers that the sale would be
for the benefit of the owner in either of which cases the Court may cause it to be sold whenever it thinks fit.
Section 89. If, within two years from the date of the attachment any person whose property is or has been at the
disposal of Government, under sub-section (7) of section 88, appears voluntarily or is apprehended and brought
before the Court by whose order the property was attached, or the Court to which such Court is subordinate, and
proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding
execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the
time specified therein, such property or, if the same has been sold, the net proceeds of the sale, or, if part only
thereof has been sold, the net proceeds of the sale and the residue of the property, shall, after satisfying there out all
costs incurred in consequence of the attachment, be delivered to him.
1. What is withdrawal of complaint according to section 248 of the Criminal Procedure Code? (Ch 8 Cr P C). You
must write it between 50-100words.
Section 248. If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the
Magistrate that there are sufficient grounds for permitting him to withdraw his complaint the Magistrate may permit
him to withdraw the same, and shall thereupon acquit the accused.
This section applies to summons case. It is discretionary with the Magistrate to permit the complainant to withdraw
his complaint or not. The section also makes it clear that the complainant will be permitted to withdraw his
complaint to withdraw his complaint against any or all the accused, if these are more than one. Where a case is
instituted on a police report the Magistrate cannot exercise his power of acquittal on an application of withdrawal
made by the person whose instance the police moved in the case.
Where the offence charged in a warrant and a summon case, a Magistrate ought to proceed, with the inquiry or trial
in spite of the withdrawal of the complainant, if finds the element of an offence on the facts set forth in the
complaint.
(1) If a complainant at any time before a final order is passed in any case under this chapter satisfies the Magistrate
that these are sufficient grounds for permitting him to withdraw his complaint.
This section is intended to apply to cases instituted upon complaint.
A case is withdrawn under the consent of the accused. A case is compromised if with the consent of the accused it is
withdrawn.
Compromise is a word which in itself consent of the accused. A case arrangement to which there are two parties
withdrawal has no such meaning.
(2) Shall thereupon acquit the accused must be competent to deal with the case otherwise the acquittal will not bare
fresh trial.
232. What is withdrawal of complaint according to section 248 of the Criminal Procedure Code? (Ch 8 Cr P C). You
Section 248. If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the
This section applies to summons case. It is discretionary with the Magistrate to permit the complainant to withdraw
his complaint or not. The section also makes it clear that the complainant will be permitted to withdraw his
complaint to withdraw his complaint against any or all the accused, if these are more than one. Where a case is
instituted on a police report the Magistrate cannot exercise his power of acquittal on an application of withdrawal
made by the person whose instance the police moved in the case.
Where the offence charged in a warrant and a summon case, a Magistrate ought to proceed, with the inquiry or trial
in spite of the withdrawal of the complainant, if finds the element of an offence on the facts set forth in the
complaint.
(1) If a complainant at any time before a final order is passed in any case under this chapter satisfies the Magistrate
that these are sufficient grounds for permitting him to withdraw his complaint.
This section is intended to apply to cases instituted upon complaint.
A case is withdrawn under the consent of the accused. A case is compromised if with the consent of the accused it is
withdrawn.
Compromise is a word which in itself consent of the accused. A case arrangement to which there are two parties
withdrawal has no such meaning.
(2) Shall thereupon acquit the accused must be competent to deal with the case otherwise the acquittal will not bare
fresh trial.
233. State the essential conditions to constitute a bar by Res Judicata. (Ch-1) You must write it between300-500
words.
Section (11) Res Judicata
No court shall try any suit or issue in which the matter directly and substantially in issue has been (a)directly and
substantially in issue in a former suit
(b) between the same parties , or between parties under whom they or any of them claim,
(c)Litigating under the same title, (d) in a Court competent to try such subsequent suit or the suit inwhich such issue
has been subsequent raised, and (e) has been heard and finally decided by suchCourt .
Explanation (1) :- The expression ‚ former suit ’’shall denote a suit which has been decided prior tothe suit in
question whether or not it was instituted prior thereto.
Explanation (2):- For the purpose of this section , the competence of a Court shall be determined
irrespective of any provisions as to a right of appeal from the decision of such Court.
Explanation (3):-The matter above referred to must in the former suit have been alleged by one party andeither
denied or admitted , expressly or impliedly , by the other.
Principle and ScopeSection ll embodies the doctrine of res-judicata which rests on the principle that one should not
be vexedtwice for the same cause and that there should be finality to litigation stated in a simple form, where
therehas been an executable judgment between the parties. The rule of res-judicata will prevent a fresh suitbetween
them for the same relief. The rule is intended not only to prevent a new investigation so that thesame person cannot
be harassed again and again in various proceedings upon the same question.
Essential Conditions Of Resjudicata
The following conditions are essential to constitute a bar of res judicata-
(1)The matter directly and substantially in issue in the subsequent suit or issue must be the same
matter which was directly and substantially in issue either actually and constructively in the former
suit.
(2)The former suit must have been a suit between the same parties or between parties under whomthey or any of
them claim.
(3)The parties must have litigated under the same title in the former suit.
(4)The court which decided the former suit must have been a court competent to be the subsequentsuit or the suit in
which such issue is subsequently tried.
(5)The matter directly and substantially in issue in the subsequent suit must have been heard and
finally decided by the Court in the first suit.A case is Mg Ba Thein Vs. Ma Than Myint, (5 Ran 565) In that case the
court held that-
‚where a previous claim as a Kittima child has been adjudicated upon, a subsequent claim as
an ‘apatitha’ is barred under the provisions of section 11, Explanation VI of the Civil
Procedure Code..
234. Describe the proceedings to the reformation under the Child Law, 1993. State your discussion in300 words or
more.(Ch-14)
Section 52. The Officer in charge of a prison shall, in respect of a child or youth who has been sentenced
to imprisonment:-
(a) not keep him together with adult prisoners until he attains the age of 18 year;
(b) keep him in a separate ward or room which adult prisoners cannot have access;
(c) grant him the right to meet parents, guardians, relatives and friends concerned and the right to be
sent food and prescribed articles in accordance with the existing regulations and bye laws;
(d) not employ him in rigorous labour;
(e) provide medical check-up regularly for him;
(f) train and give him education which will reform his character and vocational education;
(g) grant him the right to enjoy remission period in accordance with the existing regulations and byelaws.
Section 53. The Officer in charge of a prison –
(a) shall allow the child of a female prisoner to stay together with his mother so in prison till he
attains the age of 4 years if there no one outside to take custody and care of him or if his mother
desires;
(b) may allow the child mentioned in sub-section (a) to continue to stay together with his mother in
prison till he attains the age of 6 years if his mother so desires;
(c) shall be responsible for providing food, clothing and shelter and health care of the child who stays
together with his mother in prison;
(d) shall inform the Director General of the Social Welfare Department as soon as possible, in order to
make arrangements for the care and custody of any child left after a female prisoner dies in prison or if
the child staying together with the female prisoner attains the age of 6 years.
235. Explain the powers of the Social Welfare Officer. (Ch 14 Criminal). Your answer must be no
less than 750 words.
Sec 33. (a) Whoever is of the opinion that any child mentioned in section 32 should be protected and
cared by the State may intimate the relevant Social Welfare Officer stating the facts of the case;
(b) The Social Welfare Officer shall, on receipt of the intimation under sub-section (a) or if he has
personally received information in any manner make investigations in the manner prescribed to
determine whether or not the child needs the protection and care of the State and submit his findings
together with his opinion to the Director General;
(c) The Social Welfare Officer has the following powers in respect of the investigation under subsection
(b) –
(i) informing the parents, guardian or police officer and causing the child to be brought before him;
(ii) entrusting the child to the parents or guardian on execution of a bond or sending the child to a
temporary care station, before receiving the decision of the Director General.
(iii) calling and examining necessary witnesses;
(iv) hearing the explanation of the parents, guardian or the child, if necessary.
Section34. The Director General shall lay down and carry out any of the following arrangements if
he finds, on scrutiny that the child needs the protection and care of the State according to the report
submitted by the Social Welfare Officer: -
(a) in the case of a child whose character needs to be reformed, sending the child to any training
school till he attains the age of 18 years as a maximum period;
(b) in the case of a child in need of custody and care, entrusting the child to a home or to a custodian
till he attains the age of 18 years as a maximum period;
(c) in the case of a child needing supervision, causing the child to be supervised by a Probation
Officer for a period not exceeding 3 years;
(d) in the case of a child of unsound mind, sending the child to the Mental Hospital and making
arrangements for medical treatment;
(e) in the case of a child who is afflicted with a contagious disease, sending the child to the relevant
hospital and making arrangements for medical treatment.
Section 35. The Director General may direct the relevant Social Welfare Officer-
(a) to implement the arrangement laid down under section 34 in the manner prescribed;
(b) to entrust the child to the care of the parents or guardian on execution of a bond to the effect that
they will take good care and control of the child, in the case of a child who has parents or guardian
and who is found, on scrutiny to need only the custody and care of such parents or guardian;
(c) to entrust the child to the care of the parents or guardian, with or without execution of a bond, in
the case of a child who is found, on scrutiny to have complied with the arrangement laid down under
section34, sub-section (a) or sub-section (c) for at least one year and whose moral character has
improved.
Section36. The Director General may –
(a) exercise the power mentioned in section 35 sub-section (c) at his discretion or on the submission
of the Principal of the relevant training school or Probation Officer or the parents or guardian;
(b) alter as may be necessary any arrangement laid down under section 34 sub-section (b), subsection
(d) or sub-section (e), if there is sufficient reason to do so;
(c) transfer a child committed to one training school to another training school, if there is sufficient
reason to do so;
(d) grant the following rights in the manner prescribed to a child committed to a training school: -
(i) right to leave a training school as a temporary arrangement to be placed under the management
and supervision of a home or a custodian;
(ii) right to travel on an emergency parole licence for the period required to visit his parents,
guardian or near relative who is seriously ill.

(iii) right to live out on a parole licence;
(iv) right to live outside the training school with any suitable person under the management and
supervision of the training school;
(e) delegate the powers conferred on him under this section to a Social Welfare Officer or a Principal
of a training school.
236. Explain extortion and distinction between theft and extortion. (Ch 9 Criminal). You must
write it between 150-200 words.
"Whoever, intentionally puts any person in fear of any injury to that person, or to any other, and
thereby dishonestly induces the person so put in fear to delivery to any person any property or
valuable security or anything signed or sealed which may be converted into a valuable security,
committed "extortion".
(1) Extortion is committed by the wrongful obtaining of consent. In theft the offender takes without
the owner's consent.
(2) The property obtained by extortion is not limited as in theft to moveable property only.
Immoveable property may be the subject of extortion.
(3) In extortion the property is obtained by intentionally putting a person in fear of injury to that
person or to any other, and thereby dishonestly inducing him to part with his property. In theft the
element of force does not arise.
237. What is sommon trial? (Ch 4 Cr P C) . Specify it of 1000 words or more.
Section 260. (1) Notwithstanding anything contained in this Code-
(a) the District Magistrate,
(b) any Magistrate of the first class specially empowered in this behalf by the President of the Union, and
(c) any Bench of Magistrates invested with the powers of a Magistrate of the first class and specially
empowered in this behalf by the President of the Union may, if he or they think fit, try in a summary way all or any
of the following offences
(a) offences not punishable with death, transportation or imprisonment for a term exceeding one year;
(b) theft, under section 379,380 or 381 of the Penal Code, where the value or the property stolen does not exceed
one hundred rupees,
(c) dishonest misappropriation of property under section 403, and criminal breach of trust under
section 406, of the same Code, where the value of the property misappropriated or converted does not exceed one
hundred rupees;
(d) receiving of retaining stolen property under section 4711, and assisting in the concealment or
disposal of stolen property under section 414, of the same Code, where the value of such property
does not exceed one hundred rupees;
(e) mischief under section 427 of the same Code;
(f) offences under sections 451, 453, 454, 456 and 457 of the same Code;
(g) insult with intent to provoke a breach of the peace under section 504, and criminal intimidation under section
506, of the same Code;
(h) abetment of any of the foregoing offences;
(I) attempt to commit any of the foregoing offences, when such attempt is an offence;
(j) offences under section 20 of the Cattle Trespass Act:
Provided that no case in which a Magistrate exercises the special powers conferred by section 34 shall be tried in a
summary way.
(2) When in the course of a summary trial it appears to the Magistrate or Bench that the case is one
which is of a character which renders it undesirable that it should be tried summarily, the Magistrate
or Bench shall recall any witnesses who may have been examined and proceed to re-hear the case in
manner provided by this Code.
Section 261 The president of the Union may confer on any Bench of magistrates invested with the
powers Of a Magistrate of the second or third class power to try summarily all or any of the
following offences :-
(a) offences not punishable with death, transportation or imprisonment for a term exceeding three months;
(b) offences against sections 264, 265, 266, 269, 271, 272, 273,274, 275, 276, 279, 280, 282, 284, 285, 286, 289,
290, 291, 292, 293, 294, 323, 337, 342, 374, 434, 448 and 504, of the Penal Code;
(c) theft under section 379 or 380 of the same Code, where the value of the property stolen does not
exceed fifty rupees;
(d) dishonest misappropriation of property under section 403 of the same Code, where the value of
the property misappropriated does not exceed fifty rupees;
(e) receiving or retaining stolen property under section 411, and assisting in the concealment or
disposal of stolen property under section 414 of the same Code, where the value of such property
does not exceed fifty rupees;
(f) abetment of any of the foregoing offences;
(g) attempt to commit any of the foregoing offences when such attempt is an offence.
Section 262 (1) In trials under this Chapter, the procedure prescribed for summons- cases shall be
followed in summons-cases, and the procedure prescribed for warrant-cases shall be followed in
warrant-cases, except as hereinafter mentioned.
(2) No sentence of imprisonment for a term exceeding six months shall be passed in the case of any
conviction under this Chapter.
Section 263 In cases where no appeal lies, the Magistrate or Bench of Magistrates need not record
the evidence of the witnesses or frame a formal charge but he or they shall enter in such form as the
President of the Union may direct the following particulars
(a) the serial number;
(b) the date of the commission of the offence;
(c) the date of the report or complaint;
(d) the name of the complainant (if any);
(e) the name, percentage and residence of the accused.
(f) theoffencecomplainedofand the offence (if any)proved, and in case coming under clause (b), clause (c) or clause
(d) of subsection (1) of section 260 or clause (c), clause (d) or clause (e) of
section 261,11 the value of the property in respect of which the offence has been committed,
(g) the plea of the accused and his examination (if any);
(h) the finding, and in the case of a conviction a brief statement of the reasons therefore ;
(i) the sentence or other final order; and

(j) the date on which the proceedings terminated.
Section 264 (1) In every case tried summarily by a Magistrate or Bench in which an appeal lies, such
Magistrate or Bench shall, before passing sentence, record a judgment embodying the substance of
the evidence and also the particulars mentioned in section 263.
(2) Such judgment shall be the only record in cases coming within this section.
Section 265 (1) Records made under section 263 and judgments recorded under section 264 shall be
written or prepared by the Magistrate in the language of the Court, and shall be signed by him.
(2) The President of the Union may authorize any Bench of Magistrates empowered to try offences summarily to
prepare the aforesaid record or judgment by means of an officer appointed in this
behalf by the District Magistrate, and the record or judgment so prepared shall be signed by each member of the
Bench present and taking part in the proceedings.
(3) If no such authorization is given, the record prepared by any member of the Bench and signed as
aforesaid shall be the proper record.
(4) If the members of the Bench differ in opinion any dissentient member may write a separate
judgment.
Section 342 (1) Every person accused of an offence shall be a competent Witness on his own behalf
in an any inquiry into or trial of the said offence, whether person so accused is accused solely or
jointly with any other person or person and his evidence may be used against any person or persons tried jointly him
Provided as follows: ---
(a) the accused shall not be examined as a witness except at his desire;
(b) before giving evidence the accused shall be warned by the Court that he is not bound to give
evidence, and that if he does so his evidence may be used against any person or persons tried jointly
with him;
(c) the failure of the accused to give evidence shall not be made the subject of any comment by the
prosecution, but the Court and the jury (if any) may draw such inference there from as it thinks just;
(d) the accused shall not be asked in cross-examination, and if asked shall not be required to answer, any
question tending to show that he has committed or been convicted of or been charged with any offence other than
that wherewith he is then charged, or is of bad character, unless
(i) the proof that he has committed or been convicted of such other offence is admissible evidence to
show that he is guilty of the offence wherewith he is them charged ; or

(ii) he has personally or by his pleader asked question of the witnesses for the prosecution with a view to
establish his own good character, or has given evidence of his good character, or the nature or conduct of
the defence is such as to involve imputations on the character of the witnesses for the prosecution : or
(iii) he has in his evidence made statements against any other person tried jointly with him;
(e) no prosecution for the offence of giving false evidence shall institute against the accused, except with
the sanction of High Court.
(2) (i) Notwithstanding anything contained in sub- section (1). for purpose of enabling the accused to
explain any circumstances appearing evidence against him the Court may, at stage of any inquiry or trial
previously warning the accused, put
such questions to him as the Court Considers necessary, and shall, when the accused declines to give
evidence on his own behalf, for the purpose aforesaid, question him generally on the case the witnesses
for the prosecution have been examined and before he is on for his defence.
(ii) The answers given by the accused to the questions put to him under the provisions of
clause (i) may be taken into consideration in such inquiry or trail.
(iii) The accused shall not render himself liable to punishment by refusing to answer any
questions put to him under clause (i) or by giving false answers to them; but the Court and the
jury (if any) may draw such inference from such refusal or answers as it thinks just.
(iv) No oath shall be administered to the accused in connection with any examination under this subsection.
(3) The depositi6n (if any) of the accused recorded under sub- section (2), clause (i), may be put in
evidence for or against him in any other inquiry into or trial for any other offence which such
deposition or such answers may tend to show he has committed.
Section 87 (1) if any Court has reason to believe (whether after taking evidence or not) that any person
against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant
cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified
place and at a specified time not less than thirty days from the date of publishing such proclamation.
(2) The proclamation shall be published as follows:-
(a) It shall be publicly read in some conspicuous place of the town or village in which such person
ordinarily resides.
(b) it shall be affixed to some conspicuous part of the house or homestead in which such person
ordinarily resides or to some conspicuous place of such town or village; and
(c) a copy thereof shall be affixed to some conspicuous part of the Court-house.
(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation
was duly published on a specified day shall be conclusive evidence that the requirements of this
section have been complied with, and that the proclamation was published on such day.
Section 88 (1) The Court issuing a proclamation under section 87 may at any time order the
attachment of any property, moveable or immoveable or both, belonging to the proclaimed person,.
(2) Such order shall authorize the attachment of any property belonging to such person within the district
in which it is made and it shall authorize the attachment of any property belonging to such person without
such district when endorsed by the District Magistrate within whose district such property is situate.
(3) If the property ordered to be attached is a debt or other moveable property, the attachment under this
section shall be made.-
(a) by seizure or
(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any
one on his behalf; or
(4) If the property ordered to be attached is immoveable, the attachment under this section shall, in
the case of land paying revenue to Government, be made through the Collector of the district in
which the land is situate, and in all other cases.-
(g) by an order in writing prohibiting the payment of rent or delivery of property to the proclaimed
person or to any one on his behalf; or
(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court
may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale
shall abide the order of the Court.
(6) The powers duties and liabilities of a receiver appointed under this section shall be the same as
those of a receiver appointed under the Code of Civil Procedure.
(6A) If any claim is preferred to. or objection made to the attachment of any property attached under
this section, within six months from the date of such attachment, by any person other than the
proclaimed person, on the ground that the claimant or objector has an interest in such property, and
that such interest is not liable to attachment under this section, the claim or objection shall be
inquired into, and may be allowed or disallowed in whole or in part:
Provided that any claim preferred or objection made within the period allowed by this sub-section
may, in the event of death of the claimant or objector be continued by his legal representative.
(6B) Claims or objections under sub-section (6A) may be preferred or made in the Court by which
the order of attachment is issued or, if the claim or objection is in respect of property attached under
an order endorsed by a District Magistrate in accordance with the provisions of sub-section (2), in
the Court of such Magistrate.
(6C) Every such claim or objection shall be inquired into by the Court in which it is preferred or
made;.
Provided that, if it is preferred or made in the Court of a District Magistrate, such Magistrate may
make it over for disposal to any magistrate of the first or second class subordinate to him.
(6D) Any person whose claim or objection has been disallowed in whole or in part by an order under
sub-section (6A) may, within a period of one year from the date of such order, institute a suit to
establish the ri2ht which he claims in respect of the property in dispute but subject to the result of
such suit, if any, the order shall be conclusive.
(6E) If the proclaimed person appears within the time specified in the proclamation, the Court shall
make an order releasing the property from the attachment.
(7) If the proclaimed person does not appear within the time specified in the proclamation, the
property under attachment shall be at the disposal of Government but it shall not be sold until the
expiration of six months from the date of the attachment and until any claim preferred or objection
made under sub-section (64) has been disposed of under that sub-section unless it is subject to
speedy and natural decay or the Court considers that the sale would be for the benefit of the owner in
either of which cases the Court may cause it to be sold whenever it thinks fit.
Section 89 If, within two years from the date of the attachment any person whose property is or has
been at the disposal of Government, under sub-section (7) of section 88, appears voluntarily or is
apprehended and brought before the Court by whose order the property was attached, or the Court to
which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond
or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such
notice of the proclamation as to enable him to attend within the time specified therein, such property
or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the
net proceeds of the sale and the residue of the property, shall, after satisfying there out all costs
incurred in consequence of the attachment, be delivered to him.
Section 350 (1) Whenever any Magistrate, after having heard and recorded the whole or any part of the
evidence in a inquiry or a trail, ceases to exercise jurisdiction therein, and is succeeded by another
Magistrate who has and who exercises such jurisdiction, the Magistrate so succeeding may act on the
evidence so recorded by his predecessor, or partly recorded by his predecessor, or partly recorded by
himself; or he may re-summon the witnesses and recommence the inquiry or trial;
238. When can a police officer arrest without warrant? (Ch 2 Criminal)
You must write it between 300-500 words.
Section 54. (1) Any police-officer may, without an order from a Magistrate and without a warrant,
arrest- first, any person who has been concerned in any cognizable offence or against whom a
reasonable complaint has been made or credible information has been received or a reasonable
suspicion exists of his having been so concerned secondly, any person having in his possession
without lawful excuse, the burden of proving which excuse shall lie on such person, any implement
of house-breaking, thirdly, any person who has been proclaimed as an offender either under this
Code or by order of the President of the Union;
fourthly, any person in whose possession anything is found which may reasonably by suspected to be
stolen property and who may reasonably be suspected of having committed an offence with reference
to such thing;
fifthly, any person who obstructs a police-officer while in the execution of his duty, or who has
escaped, or attempts to escape, from lawful custody;
sixthly, any person reasonably suspected of being a deserter from [the Myanmar] Army, Navy or Air
Force;
seventhly, any person who has been concerned in, or against whom a reasonable complaint has been
made or credible information has been received or a reasonable suspicion exists of his having been
concerned in, any act committed at any place out of the Union of Myanmar which, if committed in
the Union of Myanmar, would have been punishable as an offence, and for which he is, under any
law relating to extradition or otherwise, liable to be apprehended or detained in custody in the Union
of Myanmar;
eighthly; any released convict committing a breach of any rule made under section 565, sub-section (3),
ninthly, any person for whose arrest a requisition has been received from another police-officer, provided
that the requisition specifies the person to be arrested and the offence or other cause for which the arrest
is to be made and it appears there from that the person might lawfully be arrested without a warrant by
the officer who issued the requisition.
239. Answer the powers of the Court given by Criminal Procedure Code regarding non-bailable offences. (Ch 6 Cr P
C). You must write it between 300-500 words.
When bail may be taken in case of non-bailable offence
Section 497.(1) When any person accused of any non-bail able offence is arrested or detained
without warrant by an officer in charge of a police-station, or appears or is brought before the Court,
he may be released on bail, but he shall not be so released if there appear reasonable grounds for
believing that he has been guilty of an offence punishable with death or with transportation for life:
Provided that the Court may direct that any person under the age of sixteen years or any woman or
any sick or infirm person accused of such offence be released on bail.
(2) With appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case
may be, that there are not reasonable grounds for believing that the accused has committed a non-bail
able offence, but that there are sufficient ground, for further inquiry into his guilt, the accused shall,
pending such inquiry, be released on bail, or, at the discretion of such officer or Court on the
execution by him of a bond without sureties for his appearance as hereinafter provided.
(3) An officer or a Court releasing any person on bail under subsection (I) or sub-section (2)
shall record in writing his or its reasons for so doing.
(4) If at any time after the conclusion of the trial of a person accused of a non-bail able
offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds
for believing that the accused is not guilty’ of any such offence, it shall release the accused if he is in
custody, on the execution by him of a bond without sureties for his appearance to here judgment
delivered.
(5) The High Court or Court of Session and, in the case or a person released by itself any
other Court may cause any person who has been released under this section to be arrested and may
commit him to custody.
240.What is withdrawal of complaint according to section 248 of the Criminal Procedure Code? (Ch 8 CrP C). You
Withdrawal of Complaint
Section 248.If a complainant, at any time before a final order is passed in any case under this
Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his
complaint the Magistrate may permit him to withdraw the same, and shall thereupon acquit the
accused.
Section 494.Any Public Prosecutor may with the consent of the Court in cases tried by jury before
the return of the verdict, and in other cases before the judgment is pronounced, withdraw from the
prosecution of any per either generally or in respect of any one or more of the offences for which he
is tried and upon such withdrawal,
(a) if it is made before a charge has been framed, the accused shall be discharged in respect of such
offence or offences
(b) if it is made after a charge has been framed, or when under this Code no charge is required, he
shall be acquitted in respect of such offence or offences.
241.Explain the definition of 'abetment'. ( Ch 5 Criminal)
Abetment
secondly - engages with one or more other person or persons in any conspiracy for the doing of that thing: if
any act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing,
or thirdly - intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1
disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to
instigate the doing of that thing.
Illustration
A, a public officer, is authorized by a warrant from a Court at Justice to apprehend Z. B, knowing that fact and
also that C is not Z, willfully represent to A that C is Z, and thereby intentionally cause A to apprehend C. Here
B abets by instigation the apprehension of C.
Explanation 2
Section (108) of Criminal Law prescribes that a person abets an offence, who, or abets either the commission
of an offence the commission of an act which would be an offence, if committed by a person capable by law of
committing an offence with the same intention or knowledge as that of the abettor.
Explanation 1
The abetment of the illegal omission of an act may amount to an offence although the abettor may not he be
bound to do that act.
Explanation 2
To constitute the offence of abetment it is not necessary that the act abetted should be committed or that
effect requisite to constitute the offence should be caused.
Illustration
(2) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is
guilty of instigating B to commit murder.
Explanation 3
It is not necessary that the person abetted should be capable by law of committing an offence, or that he
should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.
Illustration
(1) A with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed
by a person capable by law of committing an offence, and having the same intention as A. Here A whether the
act be committed or not, is guilty of abetting an offence.
(2) A, with the intention of murdering Z, instigates B, a child, under seven years of age, to do an act which
causes Z's death. B, in consequence of the abetment, does the act in the absence of A and thereby causes
Z's death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the
same manner as if B had been capable by law of committing an offence, and had committed murder, and he
is therefore subject to the punishment of death.
(3) A instigates B to set fire to a dwelling-house B, in consequence of the unsoundness of his mind, being
incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the
house in consequence of A' instigation. B has committed on offence, but A is guilty of abetting the offence of
setting fire to a dwelling house and is liable to the punishment provided for that offence.
possession. 'A' induces 'B' to believe that the property belongs to A.B, takes the property out of Z's
possession in good faith, believing it to be A's property B, acting under this misconception, does not take
dishonestly; and therefore does not commit theft. But 'A' is guilty of abetting theft, and is liable to the same
punishment as if B had committed theft.
Explanation 4
Illustration
A instigates B to instigate C to murder Z. B accordingly instigates C to murder z, and C commits that offence
in consequence of B's instigation. B is liable to be punished for his offence with the punishment for murder
and, as A instigated B to commit offence, A is also liable to the punishment. Explanation 5
It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert
the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of
which the offence is committed.
Illustration
A concert with B is a plan for poisoning z. It is agreed that A shall administer the poison. B then explains the
plan to C, mentioning that a third person is to administer the poison, but without mentioning A's name. C
agrees to procure the poison, and procures the poison and delivers it to B for the purpose of it's being used in
the manner explained. A administers the poison; Z dies in consequence. Here, through A and C have not
conspired together, Yet C has been engaged in the conspiracy in pursuance of which Z has been murdered.
"C" has therefore committed the offence defined in this Section, and is liable to the punishment for murder.
242.Explain the following: (a) Wrongful restraint (b) Wrongful confinement. (Ch 8 Criminal)
Of wrongful restraint and wrongful confinement
Wrongful restraint
Whoever voluntarily obstructs any person, so as to prevent that person from proceeding in any direction in
which that has a right to proceed, is said wrongful to restrain that person. Exception the obstruction of a
private way over land or water, which a person in good faith believes himself to have a lawful right to obstruct
is not an offence within the meaning of this Section.
Illustration
A, obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop
the path Z is thereby prevented from passing. A wrongful restrains Z.
Wrongful confinement
Whoever wrongful restrains any person in such a manner as to prevent that person from proceeding beyond
certain circumscribing limits, is said, "Wrongfully to confine" that person.
Illustration
(a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in any
direction beyond the circumscribing line of wall. A wrongfully confines Z.
(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to
leave the building. A wrongfully confines Z.
Wrongful confinement which is a form of wrongful restraint, is keeping a man within limits out of which
he wishes to go, and has a right to go. There must be a total restraint, not a partial one. If one man merely
obstructs the passage of another in a particular direction whether by threat of personal violence or otherwise,
leaving him at liberty to stay where he is or to go in any other direction if he pleases, he cannot be said
thereby to imprison him. Imprisonment is a total restraint of the liberty of the person, for however short a time
and not a partial obstruction of his will, whatever inconveniences it may bring to him.
243. Explain the First Information Report of a cognozable case with legal provisions and cases. (Ch 3 Cr P C)
Information in cognizable cases
Section 154 Every information relating to the commission of a cognizable offence, if given orally to an officer
in charge of a police-station, shall be reduced to writing by him or under his direction, and be read over to the
informant; and' every such information, whether given in writing or reduced to writing as aforesaid, shall be
signed by the person giving it, and the substance thereof shall be entered' in a book to be kept by such
officer in such form as the President of the Union may prescribe in this behalf.
Information in non-cognizable case
Section 155. (1) When information is given to an officer in charge of a police-station of the commission within
the limits of such station of a non-cognizable offence, he shall enter in a book to be kept as aforesaid the
substance of such information and refer the informant to the Magistrate.
(2) No police-officer shall investigate a non-cognizable case without the order of a Magistrate of the first or
second class having power to try such case or commit the same for trial.
(3) Any police-officer receiving such order may exercise the same powers in respect of the investigation
(except the power to arrest without warrant) as an officer in charge of a police-station may exercise in a
cognizable case.
244.What are the powers of Court to order commitment? (Ch 7 Cr P C)
Section 437. Power to order commitment
When, on examining the record of any case under section 435 or otherwise, the Session Judge District
Magistrate considers that such case is tribal exclusively by the Court of Session and that an accused person
has been improperly discharged by the inferior Court, the Sessions Judge or District Magistrate may cause
him to be arrested, and may thereupon, instead of directing a fresh inquiry, order him to be committed for trial
upon the matter of which he has been in the opinion of the Session Judge or District Magistrate, improperly
discharged:
Provided as follows:------
(a) that the accused has had an opportunity of showing cause to such Judge or Magistrate why the
commitment should not be made
(b) that, if such Judge or Magistrate thinks that the evidence shows that some other offence has been
committed by the accused, such Judged or Magistrate may direct the inferior Court to inquire into such
offence.
Section 439.(1) In the case of any proceeding the record of which has been called for by itself or which
otherwise comes to its knowledge, the High Court, the State or Divisional Court may, in its discretion, exercise
any of the Power conferred on a Court of Appeal by sections 423, 426, 427 and 428 or on a Court by section
338, and may enhance the sentence; and when the Judge composing the Court of Revision are equally
divided in opinion, the case shall be disposed of in manner provided section 429.
(2) No order under this section shall be made to the prejudice of the accused unless he has had an
opportunity of being heard, either personally or by pleader.
(3) Where the sentence dealt with under this section has been passed by a Magistrate acting otherwise than
under section 34, the Court shall not inflict a greater punishment for the offence which, in the opinion of such
Court, the accused has committed than night have been inflicted for such offence by a Magistrate of the first
class.
(4) Nothing in this section applies to an entry made under section 273, or shall be deemed to authorize the
High Court, the State or Divisional court3 to convert a finding of acquittal into’ one of conviction.
(5) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be
entertained at the instance of the party who could have appealed.
(6) Notwithstanding anything contained in this section, any convicted person to whom an opportunity has been
given under sub-section (2) of showing cause why his sentence should not be enhanced shall, in showing
cause, be entitled also to show cause against his conviction.
245.Explain the definition of 'abetment'. ( Ch 5 Criminal)
Abetment
thirdly - intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation
disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to
instigate the doing of that thing.
Illustration
A, a public officer, is authorized by a warrant from a Court at Justice to apprehend Z. B, knowing that fact and
also that C is not Z, willfully represent to A that C is Z, and thereby intentionally cause A to apprehend C. Here
B abets by instigation the apprehension of C.
246. Explain the following: (a) Wrongful restraint (b) Wrongful confinement. (Ch 8 Criminal)
Wrongful restraint (Sec.339)
Whoever voluntarily obstructs any person, so as to prevent that person from proceeding in any direction in
which that has a right to proceed, is said wrongful to restrain that person. Exception the obstruction of a
private way over land or water, which a person in good faith believes himself to have a lawful right to obstruct
is not an offence within the meaning of this Section.
Illustration
A, obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop
the path Z is thereby prevented from passing. A wrongful restrains Z.
Wrongful confinement (Sec.340)
Whoever wrongful restrains any person in such a manner as to prevent that person from proceeding beyond
certain circumscribing limits, is said, "Wrongfully to confine" that person.
Illustration
(a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in any
direction beyond the circumscribing line of wall. A wrongfully confines Z.
(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to
leave the building. A wrongfully confines Z.
Wrongful confinement which is a form of wrongful restraint, is keeping a man within limits out of which he
wishes to go, and has a right to go. There must be a total restraint, not a partial one. If one man merely
obstructs the passage of another in a particular direction whether by threat of personal violence or otherwise,
leaving him at liberty to stay where he is or to go in any other direction if he pleases, he cannot be said
thereby to imprison him. Imprisonment is a total restraint of the liberty of the person, for however short a time
and not a partial obstruction of his will, whatever inconveniences it may bring to him.
What are the statements to the police? How can such statement be used an evidence? Give your answer
with legal provisions and cases. (Ch 3 Cr P C)
Statements to Police
Section 162 (1) No statement made by any person to a police-officer in the course of an investigation under
this Chapter shall, if reduced into writing, be signed by the person making it, nor shall any such statement or
any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used as
evidence (save as hereinafter provided) at any inquiry or trial in respect of any offence under investigation at
the time when such statement was made:
Provided that when any witness, whose statement has been reduced into writing as aforesaid, is
called either for the prosecution or for the defence in such inquiry or trial, any part of such statement, if duly
proved, may be used either by the defence or by the prosecution, as the case may be, for the purpose of
contradicting such witness in the manner provided by section 145 of the Evidence Act, or for the purpose of
impeaching the credit of such witness in the manner provided by section 155 of the Evidence Act: and when
any part of such statement is so used any part thereof may also be used in the re-examination or such
witness for the purpose only of explaining any matter referred to in the cross-examination.
(2) When any such statement as aforesaid has been reduced into writing the Court shall, on the request of the
accused, direct that the accused be furnished with a copy thereof:
Provided that if the Court is of opinion that any part of such statement is not relevant to the subjectmatter
of the inquiry or trial, or that its disclosure to the accused is not essential in the interest of justice and is
also inexpedient in the public interest, it shall record such opinion (but not the reason there for) and shall
exclude such part from the copy of the statement furnished to the accused.
(3) Nothing in this section shall be deemed to apply to any statement falling within the provisions of section 27
or of clause (1) of section 32 of the Evidence Act.
247.Explain the procedure on forfeiture of bond. (Ch 6 Cr P C)
Procedure on forfeiture of bond
Section 514. 1 Whenever it is proved to the satisfaction of the Court by’ which a bond under this Code has
been taken, or of the Court of a Magistrate of the first class, or when the bond is for appearance before a
Court to the satisfaction of such Court. that such bond has been forfeited, the Court, shall record the ground of
such proof and may call upon any person bound by such bond to pay the penalty thereof, or to show cause
why it should not be paid.
(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same by
issuing a warrant for the attachment and sale of the moveable property belonging to such person or his estate
if he be dead.
(3) Such warrant may be executed within the local limits of the jurisdiction of the Court which issued it; and it
shall authorize the attachment and sale of any moveable property belonging to such person without such
limits, when endorsed by the District Magistrate within the local limits of whose jurisdiction such property is
found.
(4) If such penalty is not paid and cannot be recovered by such attachment and sale, the person so bound
shall be liable, by order of the Court which issued the warrant, to imprisonment in the civil jail for a term which
may extend to six months.
(5) The Court may, at its discretion, remit any portion of the penalty mentioned and enforce payment in part
only.
(6) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in
respect of the bond.
(7) When any person who has furnished security under section 106 or section 118 or section 562 is convicted
of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond
executed in lieu of his bond under section 514 B, a certified copy of the judgment of the Court by which he
was convicted of such offence may be used as evidence in proceeding under this section against his surety or
sureties, and, if such certified copy is so used, the Court shall presume that such offence was committed by
him unless the contrary is proved.
248. What punishment is provided in the Penal Code for a public servant who conceals design to commit offence by
another person? (Ch 5 Criminal)
Section 119 of Penal Code which provides that "whoever, being a public servant intending to facilitate orknowing it
to be likely that he will thereby facilitate the commission of an offence which it is his duly as suchpublic servant to
prevent; voluntarily conceals, by any act or illegal omission the existence of a design to
commit such offence, or makes any representation which he knows to be false respecting such design, shall ifthe
offence be committed, be punished with imprisonment of any description provided for the offence, for a
term of such imprisonment or with such fine as is provided for that offence, or with both; or of the offence
bepunishable with death or imprisonment for life, with imprisonments of either description for a term which
mayextend to ten years, or if the offence be not committed, shall be punished with imprisonment of any
descriptionprovided for the offence, for a term which my extend to one-fourth part of the longest term of
suchimprisonment or with such fine as is provided for the offence, or with both.
249. In a murder case, if the accused wants to defend that he did the killing because he was suddenly andprovoked
by the deceased, what points will be to prove. Give your answer with legal provisions and cases.(Ch 8 Criminal)
(A) Grave and sudden provocation

If he, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of theperson
who gave the provocation, or causes the death of any other person by mistake or accident:
Provided –firstly - that the provocation is not sought or voluntarily provoked by the offender as an excuse for killing
ordoing harm to any person;
secondly - that the provocation is not given by anything done in the lawful exercise of the right private defence.
Explanation
Whether provocation is was grave and sudden enough to deprive the offender of the power of self-control is a
question of fact.
With respect to the intention of causing such bodily injury as is likely to cause death, the connection between
the act and the death caused thereby must be direct and distinct, and thought not immediate it must not too
remote. If the nature of the connection between the act and the death is in itself obscure, or if it is obscured by
the action of concurrent causes, or if the connection is broken by the intervention of subsequence causes or it
the interval of time between the death and the act is too long, the above condition is not fulfilled.
The provocation appears the party, before any provocation is given, intended so use a deadly weapon
towards anyone who might assault him, this would show that a fatal blow given afterwards was not to be
attributed to the provocation, and the crime would therefore be murder.
Yasin Sheik (1869) 12. W.R. (Cr) 68.
If the act was done after the first excitement has passed away, and there was time to cool, it is murder.
250. Explain the First Information Report of a cognozable case with legal provisions and cases. (Ch 3 Cr P C)
Section 154 Every information relating to the commission of a cognizable offence, if given orally to an officerin
charge of a police-station, shall be reduced to writing
by him or under his direction, and be read over to theinformant; and' every such information, whether given in
writing or reduced to writing as aforesaid, shall be
signed by the person giving it, and the substance thereof shall be entered' in a book to be kept by such officerin such
form as the President of the Union may prescribe in this behalf.
19.What are the powers of Appellate Court in disposing of appeal? (Ch 7 Cr P C)
Section 423. (1) The appellate Court shall then send for the record of the case, if suchrecord is not already in Court.
(a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry
be made, or that the accused be retried of committed for trial, as the case may be, or find
him guilty and pass sentence on him according to law;
(b) in an appeal from a conviction, (1) reverse the finding and sentence, and acquit or
discharge the accused, or order him to be retried by a Court of competent jurisdictionsubordinate to such appellate
Court or committed for trial, or (2) alter the finding, maintaining the sentence, or with or without altering the
finding, reduce the sentence, or (3) with or without such reduction and with or without altering the finding, alter the
nature of the sentence, but subject to the provisions of section 106, subsection (3), not so as to enhance the same;
(c) in an appeal from any other order alter or reverse such order;
(d) make any amendment or any consequential or incidental order that may be just or proper.
(2) Noting herein contained shall authorize the Court to alter reverse the verdict of a jury,
unless it is of opinion that such verdict is erroneous owing to a misdirection by the Judge, or
to a misunderstanding on the part of the jury of the law as laid down by him.
251. When does the right of private defence of property commence and continue?
The right of private defence of property commences when a reasonable apprehension of danger to the property
commences. The right of private defence of property against theft continues till the offender has affected his retreat
with the
property, or either the assistance of the public authorities is obtained, or the property or has been recovered. The
right of private defence of
property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or
wrongful restraint or as long as the fear of instant death or hurt or of instant personal restraint continues.
The right of private defence of property against criminal trespass or mischief continues as long as the offender
continues in the commission of criminal trespass or mischief. The right of private defence of property agains house
breaking by night continues as long as the house-trespass, which has been by such housebreaking, continues.
Above provision indicates when the right of defence of property commences and till what period it continues.
252. Explain the kidnappings provided in the Penal Code.
Kidnapping is of two kinds; Kidnapping from the Union of Myanmar, and kidnapping from lawful guardianship.
Kidnapping from the Republic of the Union of Myanmar
Whoever conveys any person beyond the limits of the Union of Myanmar without the consent of that person, or of
some person legally authorized to consent on behalf of that person, is said to
kidnap that person from the Union of Myanmar.
Kidnapping from lawful guardianship
Whoever takes or entices any minor under fourteen years of age if a male, or under sixteen
years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of
such minor or person of unsound mind without the consent of such guardian, is said to kidnap such
mirror or person from lawful guardianship.
Explanation
The words "lawful guardian" in this Section includes any person lawfully entrusted with the
care or custody of such minor or other person.
Exception
This Section does not extend to the act of any person who in good faith believes himself to be
the father or an illegitimate child, or who in good faith believes himself to be entitled to the lawful
custody of such child, unless such act is committed for an immoral or unlawful purpose.
Section 359 of penal code
253. What are the general provisions relating to arrest?
Section 46. [Omitted by the Union of Myanmar (Adoption of law) order, 1948.
(1) In making an arrest the police-officer or other person making the same shall actually touch orconfine the body of
the person to be arrested, unless there be a submission to the custody by word oraction.
(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police-officer or
other person may use all means necessary to effect the arrest.
(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable
with death or with transpiration for life.
Section 47. If any person acting under a warrant of arrest, or any police-officer having authority toarrest, has reason
to believe that the person to be arrested has entered into, or is within any place, theperson residing in, or being in
charge of, such place shall, on demand of such person acting asaforesaid or such police-officer, allow him free
ingress thereto, and afford all reasonable facilities for
a search therein.
Section 49. Any police-officer or other person authorized to make an arrest may break open any outer or inner door
or widow of any house or place in order to liberate himself or any other person who, having lawfully entered for the
purpose of making an arrest, is detained therein.
Section 50. The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
Section 51. Whenever a person is arrested by a police-officer under a warrant which does not provide for the taking
of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail, and
whenever a person is arrested without warrant, or by a private person under a
warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the
arrest is made by a private person the police-officer to whom he makes over the person arrested, may search such
person, and place in safe custody all article, other than necessary
wearing apparel found upon him.
Section 53. The officer or other person making any arrest under this Code may take from the person arrested any
offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer
before which or whom the officer or person making the arrest is required by
this Code to produce the person arrested.
station.
Section 61. No police-officer shall detain in custody a person arrested without warrant for a longer
period than under all the circumstances of the case is reasonable and such period shall not, in the
absence of a special order of a Magistrate under section 167, exceed twenty four hours exclusive of
the time necessary for the journey from the place of arrest to [the police-station, and from there to the
Magistrate's Court].
Section 167. (1) Whenever any person is arrested and detained in custody, and if appears that the
investigation cannot be completed within the period of twenty four hours fixed by section 61, and
there are 19 grounds for believing that the accusation or information is well-founded, the officer in
charge of the police-station or the police-officer making the investigation shall forthwith transmit to
the nearest Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case,
and shall at the same time forward the accused to such Magistrate.
(2) The Magistrate to whom the accused person is forwarded under this section may, whether he has
or has not jurisdiction to try the case, from time to me authorize the detention of the accused in such
custody as such Magistrate thinks fit. But the detention of such person shall not exceed in the whole
30 days where a person is accused of an offence punishable with rigorous imprisonment for a term of
not less than seven years, and where a person is accused of an offence punishable with rigorous
imprisonment for a term of less than seven years, the detention of such person shall not exceed 15
days in the whole. If such Magistrate has not jurisdiction to try the case or commit it for trial, and
considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate
having such jurisdiction:
Provided that no Magistrate of the third class, shall authorize detention in the custody of the police.
(3) A Magistrate authorizing under this section detention in the custody of the police shall record his
reasons for so doing.
(4) If such order is given by a Magistrate other than the District Magistrate or Subdivisional
Magistrate, he shall forward a copy of his order, with his reasons for making it, to the Magistrate to
whom he is immediately subordinate.
Section 63. No person who has been arrested by a police-officer shall be discharged except on his
own bond, or on bail or under the special order of a Magistrate.
Section 64. When any offence is committed in the presence of a Magistrate within the local limits of
his jurisdiction, he may himself arrest or order any person to arrest the offender and may thereupon,
subject to the provisions herein contained as to bail, commit the offender to custody.
Section 65. Any Magistrate may at any time arrest or direct the arrest, in his presence within the local
Limits of his jurisdiction, of any person for whose arrest he is competent at the time and in the
circumstances to issue a warrant.
254. Define charge and answer briefly the facts to be stated in the charge.
Section 221(1) Every charge under this Code shall state the offence with which the accused is charged.
(2) if the law which creates the offence gives if any specific name the offence may be described in the charge by that
name only.
(3) if the law which creates the offence does not give it any specific name, so much of the definition of the offence
must be state as to give the accused notice of the matter with which he is charged.
(4) The law and section of the law against which the offence is said to have been committed shall be
mentioned in the charge.

(5) The fact that the charge is made is equivalent to a statement that every legal condition required by
law to constitute the offence charged was fulfilled in the particular case.
(6) The charge shall be written in the language of the Court.
(7) if the accused, having been previously convicted of any offence, .s liable, by reason of such previous conviction,
to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to rove
such previous conviction for the purpose of affecting the punishment which he Court may think fit to award for the
subsequent offence, the fact, date and lace of the previous convious shall be stated in the charge. If such statement
has been omitted, the Court may add it any time before sentence is passed.
Section 222(1) The charge shall contain such particulars as to tie time and place of the alleged offence, and the
person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably sufficient
to give the accused notice of the matter with which he is charged.
(2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money, it shall be
sufficient to specify the gross sum in respect of which the offence is alleged to have been committed, and the dates
between which the offence is alleged to have been committed
without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one
offence within the meaning of section 234.
Provided that the time included between the first and last of such dates shall not exceed one year.
Section 223. When the nature of the case is such that the particulars mentioned in sections 221 and 222 do not give
the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of
the manner in which the alleged offence was committed as will be sufficient for that purpose.
Section 225. No error in stating either the offence or the particulars required to be stated in the charge and no
omission to state the offence or those particulars shall be regarded at any stage of the case as material, unless the
accused was in fact misled by such error or omission, and it has occasioned a failure of justice.
Section- 227(1) Any Court may alter or add to any charge at any time before judgment is pronounced or, in the case
of trials by jury before the Court of Session or High Court, before the verdict of the
jury is retuned.
(2) Every such alteration or addition shall be read and explained to the accused.
Section 228.(1) Whenever a charge is altered or added to by the Court after the commencement of
the trial the Court may in its discretion, either –
(a) proceed with the trial as if the new or altered charge had been the original charge, or
(b) adjourn the trial for such period as it may in the interest of justice, deem necessary, or
(c) direct a new trial
(2) When the Court either proceeds with or adjourns the trail under clause (a) or clause (b) of subsection
(1), the prosecution and the accused shall be allowed to recall and examine, with reference to
such alteration of or addition to the charge, any witness who have been examined, and also to call
any further witness whom the Court may think to be material.
Section 230. If the offence stated in the new or altered or added charge is one for prosecution of
which previous sanction is necessary, the case shall not be proceeded with until such sanction is
obtained, unless sanction has been already obtained for a prosecution on the same facts as those on
which the new or altered charge is founded.
255.What are the acts against which there is no right of private defence? Your discussion must be no more than 500.
(Ch 4 Criminal)
Act against which there is no right of private defence
authorities.
purpose of defence.
Explanation 1 A person is not deprived of the right of private defence against an act done or attempted to be done by
servant.
the direction of public servant unless he knows, or has reason to believe, that the person doing the act is acting by
such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless
he produces such authority if demanded.
The Section indicates the within which the right of private defence should be exercised. The clause applies where a
arrested has no right of self -defence against the officer. A police officer attempted without a search warrant to enter
a house in search of property alleged to have been stolen and was obstructed and resisted. It was held that, even
though the officer was not strictly justified in searching the house without a warrant, the person obstructing and
resisting could not set up the illegality of the officer's proceeding as a justification of his obstruction, as it was not
shown that the officer was acting otherwise than in good faith and without malice.
256.What punishment is provided for the person, who commits the following offences? (a)Harbouring persons
Punishment of High Treason is provided in Section 122 of the Penal Code as follows: (1) Whoever commits High
Treason within the Union of Myanmar shall be punished with death or transportation for life.
Treason outside the union shall be punished with death or transportation for life.
(a)Harbouring persons guilty of High Treason
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 to liable fine.
offender.
him, to a Magistrate, or to any policeofficer, or some other person lawfully engaged on duties relating to the
Your answer is corret
257.Define mischief and state the different kinds of mischief. Your answer must be no less than 55o words.(Ch 9
Criminal)
Section 425. Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the
public or to any person, causes the destruction of any property, or any such change in any property or in the situation
thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief".
Explanation 1 It is not essential to the offence of mischief that the offender should intend to cause loss or damage to
the owner or the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to
cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not.
Explanation 2 Mischief may be committed by an act affecting property belonging to the person who commits the
act, or to that person and others jointly.
Illustrations (1) A voluntarily burns 'a valuable security belonging to Z intending to cause wrongful loss to z. A has
committed mischief.
committed mischief.
The different kinds of mischief
There are: - (1) Mischief causing damage to the amount of fifty rupees. (2) Mischief by killing or maiming animal of
the value of ten kyats.
(3) Mischief by killing or maiming cattle, etc. of any value of any animal of the value of fifty kyats.
(4) Mischief by injury to works of irrigation or by wrongfully diverting water,
(5) Mischief by injury to public road, bridge, river or channel, (6) Mischief by fire or explosive substance with intent
to destroy house, etc.
Any mischief requires three things: - (1) Intention or knowledge of livelihood to cause wrongful loss or damage to
the public or to any person; (2) Causing the destruction of some property or any change in it or in its situation; and
258.In a murder case, if the accused wants to defend that he did the killing because he was suddenly and provoked
If he, whilst deprived of the power of self-control by grave and sudden provocation, causes the
death of the person who gave the provocation, or causes the death of any other person by
mistake or accident:
Provided –
firstly - that the provocation is not sought or voluntarily provoked by the offender as an excuse
for killing or doing harm to any person;
secondly - that the provocation is not given by anything done in the lawful exercise of the right
private defence.
Explanation
Whether provocation is was grave and sudden enough to deprive the offender of the power of
self-control is aquestion of fact.
With respect to the intention of causing such bodily injury as is likely to cause death, the
connection between the act and the death caused thereby must be direct and distinct, and thought
not immediate it must not too remote. If the nature of the connection between the act and the
death is in itself obscure, or if it is obscured by the action of concurrent causes, or if the
connection is broken by the intervention of subsequence causes or it the interval of time between
the death and the act is too long, the above condition is not fulfilled.
The provocation appears the party, before any provocation is given, intended so use a deadly
weapon towards anyone who might assault him, this would show that a fatal blow given
afterwards was not to be attributed to the provocation, and the crime would therefore be murder.
Yasin Sheik (1869) 12. W.R. (Cr) 68.
If the act was done after the first excitement has passed away, and there was time to cool, it is murder.
259.What are the acts against which there is no right of private defence? Your discussion must be no more than 500.
(Ch 4 Criminal)
Act against which there is no right of private defence
authorities.
purpose of defence.
servant.
Explanation 2
A person is not deprived of the right of private defence against an act done or attempted to be done by the direction
of public servant unless he knows, or has reason to believe, that the person doing the act is acting by such direction,
or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces
such authority if demanded.
The Section indicates the within which the right of private defence should be exercised. The clause applies where a
arrested has no right of self -defence against the officer. A police officer attempted without a search warrant to enter
a house in search of property alleged to have been stolen and was obstructed and resisted. It was held that, even
though the officer was not strictly justified in searching the house without a warrant, the person obstructing and
resisting could not set up the illegality of the officer's proceeding as a justification of his obstruction, as it was not
shown that the officer was acting otherwise than in good faith and without malice.
260. What punishment is provided for the person, who commits the following offences? (a)Harbouring persons
Punishment of High Treason is provided in Section 122 of the Penal Code as follows: (1) Whoever commits High
Treason within the Union of Myanmar shall be punished with death or transportation for life.
Treason outside the
union shall be punished with death or transportation for life.
(a)Harbouring persons guilty of High Treason
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 to liable fine.
offender.
him, to a Magistrate, or to any policeofficer, or some other person lawfully engaged on duties relating to the
261. Define mischief and state the different kinds of mischief. Your answer must be no less than 55o words.(Ch 9
Criminal)
Section 425. Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the
public or to any person, causes the
destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes
its value or utility, or affects it injuriously, commits "mischief".
Explanation 1 It is not essential to the offence of mischief that the offender should intend to cause loss or damage to
the owner or the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to
cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not.
Explanation 2 Mischief may be committed by an act affecting property belonging to the person who commits the
act, or to that person and others jointly.
Illustrations (1) A voluntarily burns 'a valuable security belonging to Z intending to cause wrongful loss to z. A has
committed mischief.
committed mischief.
The different kinds of mischief
There are: - (1) Mischief causing damage to the amount of fifty rupees. (2) Mischief by killing or maiming animal of
the value of ten kyats.
(3) Mischief by killing or maiming cattle, etc. of any value of any animal of the value of fifty kyats.
(4) Mischief by injury to works of irrigation or by wrongfully diverting water,
(5) Mischief by injury to public road, bridge, river or channel,
(6) Mischief by fire or explosive substance with intent to destroy house, etc.
Any mischief requires three things: - (1) Intention or knowledge of livelihood to cause wrongful loss or damage to
the public or to any person; (2) Causing the destruction of some property or any change in it or in its situation; and
262.In a murder case, if the accused wants to defend that he did the killing because he was suddenly and provoked
If he, whilst deprived of the power of self-control by grave and sudden provocation, causes the
death of the person who gave the provocation, or causes the death of any other person by
mistake or accident:
Provided –
firstly - that the provocation is not sought or voluntarily provoked by the offender as an excuse
for killing or doing harm to any person;
secondly - that the provocation is not given by anything done in the lawful exercise of the right
private defence.
Explanation
Whether provocation is was grave and sudden enough to deprive the offender of the power of
self-control is aquestion of fact.
With respect to the intention of causing such bodily injury as is likely to cause death, the
connection between the act and the death caused thereby must be direct and distinct, and thought
not immediate it must not too remote. If the nature of the connection between the act and the
death is in itself obscure, or if it is obscured by the action of concurrent causes, or if the
connection is broken by the intervention of subsequence causes or it the interval of time between
the death and the act is too long, the above condition is not fulfilled.
The provocation appears the party, before any provocation is given, intended so use a deadly
weapon towards anyone who might assault him, this would show that a fatal blow given
afterwards was not to be attributed to the provocation, and the crime would therefore be murder.
Yasin Sheik (1869) 12. W.R. (Cr) 68.
If the act was done after the first excitement has passed away, and there was time to cool, it is
murder.
263. Define the term 'Decoity' and what are the punishments of decoity? (Ch 9 Criminal).Specify it of 500 words or
more.
Dacoity
The definition of dacoity is stated in Section of dacoity is stated in Section 391 of Criminal Law, when five or more
persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly
committing or attempting to commit a robbery and persons present and aiding such commission or attempt amount
to five or more; every person so committing, attempting or aiding is said to commit "dacoity".
Dacoity is robbery committed by five or more persons, otherwise there is no difference between dacoity and
robbery. The gravity of the offence consists in the terror it causes by the presence of a number of offenders. Abettors
who are present and aiding when the crime is committed are counted in the number. Dacoity includes theft, and if no
property is carried off there is no dacoity but and offence under Section 402.
In a case of dacoity the circumstance that the inmates of the house, seeing the large number of dacoits, do not offer
any resistance and no force or violence is required or used does not reduce the dacoity to theft.
Punishment for dacoity
Whoever commits dacoity 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.If anyone of five or more person, who are conjointly
committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with
death
or transportation for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable
to fine.
The Section declares the liability of other persons as co-extensive with the one who has actually committed
murder.If, at the time of committing robbery or dacoity, the offender (*) causes grievous hurt to any person, the
imprisonment with such offender shall be punished shall not be less than seven years.Whoever makes any
preparation for committing dacoity shall be punished with rigorous imprisonment for a term, which may extend to
ten years, and shall also be liable to fine.
Besides whoever shall belong to a gang of persons associated for the purpose of habitually committing dacoity 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.
Whoever shall be one of five or more persons assembled for the purpose of committing dacoity shall be punished
with rigorous imprisonment for a term, which may extend to seven years, and shall also be liable to fine.
Whoever shall belong to any wandering or other gang of persons associated for the purpose habitually committing
theft or robbery, and not being a gang of thugs or dacoite, shall be punished with rigorous imprisonment for a term,
which may extend to seven years, and shall also be liable to fine.
it about 800 words.
inquiry or tired.
(2) Such statements shall be recorded in such of the manners hereinafter prescribed for recording evidence as is in
his opinion best fitted for the circumstances of the case. Such confessions shall be recoded and signed in the manner
provided in section 364, and such statements or confessions shall then be forwarded to the Magistrate by whom the
case is to be inquired into or tried.
(3) A Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to
make a confession and that if he does so it may be
used as evidence against him, and no Magistrate shall record any such confession unless, upon questioning the
person making it, he has reason to believe that it was made voluntarily and, when he records any confession, he shall
make a memorandum at the foot of such record to the following effect.
"I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may
make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in
my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it
contains a full and true account of the statement made by him. (Signed) A.B., Magistrate.
Explanation.-It is not necessary that Magistrate receiving and recording a confession or statement should be a
Magistrate having jurisdiction in the case.
Section 364 (1) Whenever the accused is examined by any Magistrate [under sub section (2) of section 342], or by
any Court other than the High Court of such examination, including every question put to him and every answer by
him, shall be recorded in full, in the language in which he is examined, or, if that is not practicable, in the language
of the Court, and such shall be shown or read to him, or, if he does not understand the language which it is written,
shall be interpreted to him in a language which he understands, and he shall be at liberty to explain or add to his
answers.
(2) When the whole is made conformable to what he declares is the truth, the record shall be signed by the accused
and the Magistrate or Judge or such Court, and such Magistrate or Judge shall certify under his own hand that the
examination was taken in his presence and hearing and that the record contains a full and true account of the
statement made by the accused.
(3) In cases in which the examination of the accused is not recorded by the Magistrate or Judge himself, he shall be
bound, as the examination proceeds, to make a memorandum thereof in the language of the Court; and such
memorandum shall be written and signed by the Magistrate or Judge with his own hand, and shall be annexed to the
record. If the Magistrate of Judge is unable to makes a memorandum as above required, he shall record the reason of
such inability.
(4) Nothing in this section shall be deemed to apply to the examination of an accused person under section 263.
Section 533 (1) If any Court, before which a confession or other statement of an accused person recorded or
purporting to be recorded under section 164 or section 364 is tendered or has been received in evidence, finds taht
any of the provisions of either of such sections have not been complied with by the Magistrate recording the
statement, it shall take evidence that such person duly made the statement recorded; and, notwithstanding anything
contained in the Evidence Act, section 91, such statement shall be admitted if the error has not injured the accused
as to his defence
on the merits.
(2) The provisions of this section apply to Court of appeal, reference and revision.
265. State the jurisdiction of the Court of Reference and Revision. (Ch 7 Cr P C). You must write it between 300-
500 words.
Section 434.(1) When any person has, in a trial before a Judge or the High Court acting in the exercise of its original
criminal jurisdiction, been convicted of an offence, the Judge, if he thinks fit, may reserve and refer for the decision
of a Court consisting of two or more Judge of such Court any question of law which has arisen in the course of the
trial of such person, and the determination of which would affect the event of the trial.
jail, or, if the Judge thinks fit be admitted to bail, and the High Court shall have power to review the case or such
part of it as may be necessary, and finally determine such question, and thereupon to alter the sentence passed by the
Court of original jurisdiction, and to pass such judgment or order as the High Court thinks fit.
Section 435.(1) The High Court or any Sessions Judge or District Magistrate, or any sub-divisional Magistrate
empowered by the President of the Union in this behalf, may call for and examine the record of any proceeding
before any inferior criminal Court situate within the local limits of its or his jurisdiction for the purpose .of
satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or
passed, and as to the
regularity of any proceedings of such inferior Court and may, when calling for such record, direct that the execution
of any sentence be suspended and, if
the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.
Explanation- All Magistrate, except the District Magistrate, whether exercising original or appellate jurisdiction,
shall be deemed to be inferior to the Session Judge for the purposes of this sub-section and of section 437.
266.What is withdrawal of complaint according to section 248 of the Criminal Procedure Code? (Ch 8 Cr P C). You
Section 248.If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the
Section 494.Any Public Prosecutor may with the consent of the Court in cases tried by jury before the return of the
verdict, and in other cases before the judgment is pronounced, withdraw from the prosecution of any per either
generally or in respect of any one or more of the offences for which he is tried and upon such withdrawal,
(a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or
offences.
(b) if it is made after a charge has been framed, or when under this Code no charge is required, he shall be acquitted
in respect of such offence or offences.
267.When does the right of private defence of property commence and continue? State your discussion in 250 words
or more.( Ch 4 Criminal )
Experied Date
268.what is unlawful assembly? Specify it of 600 words or more. (Ch 7 Criminal)
The meaning of "Unlawful assembly" is in the Section 141 of Penal Code which provides that. An assembly of Five
or more persons is designated, an "Unlawful assembly", if the common object of the persons composing that
assembly is – First - To overawe by criminal force, or show of criminal force, the respective Hluttaw or the
Government, or any public servant in the exercise of the lawful power of such public servant, or Second- To resist
the execution of any law, or of any legal process; or Third- To commit any mischief or criminal trespass, or other
offence; or Fourth-By means of criminal force, or shown of criminal force, to any person to take or obtain
possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or
other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or Fifth-
By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to
do, or to omit to do what he is legally entitled to do. Explanation An assembly which was not unlawful when it
assembled may subsequently become an lawful assembly. Section 142. "Whoever is a member of an unlawful
assembly shall be punished with imprisonment of either description for a term which may extend to six months or
with fine or with both". The underlying principle of S.141 is that law discourages tumultuous assemblage of men to
preserve the public peace Section 141 defines what an "unlawful assembly" and Section 143 punishes tumultuous
assemblies as they endanger public peace. It does not require that the purpose of the unlawful assembly should have
been fulfilled. The essence of an offence under this Section is the combination of several persons, united in
the purpose of committing criminal offence, and the consensus of purpose is itself an offence dentinal from the
criminal offence which these persons agree and intend to commit. "If an offence is committed by any member of an
unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly
knew to be likely to be committed in prosecution of that object, every person who at the time of the committing of
that offence, is a member of the same assembly in guilty of that offence. (Section 149 of Penal Code.)
269.Define mischief and state the different kinds of mischief. Your answer must be no less than 55o words.(Ch 9
Criminal)
Mischief Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public
or to any person, causes the destruction of any property, or any such change in any property or in the situation
thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief". (Section 425 of the
Penal Code. ) Explanation 1 It is not essential to the offence of mischief that the offender should intend to cause loss
or damage to the owner or the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is
likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or
not. Explanation 2 Mischief may be committed by an act affecting property belonging to the person who commits
the act, or to that person and others jointly.1 Illustrations (1) A voluntarily burns 'a valuable security belonging to Z
intending to cause wrongful loss to z. A has committed mischief. (2) A voluntarily throws into a river a ring
belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief. (3) A, knowing
that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects,
with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z,
A has committed mischief. (4) A, having joint property with Z in a horse, shoots the horse, intending thereby to
cause wrong fid loss to Z. A has committed mischief. (5) A causes cattle to enter upon a field belonging to Z,
intending to cause and knowing that he is likely to cause damage to Z's crop. A has committed mischief.
Punishment for mischief Whoever commits mischief shall be punished with imprisonment of either description for
term, which may extend to three months, or with fine, or with both. (Section 426 of Penal Code.)
Other mischieves The following mischieves are those which are more serious than those mentioned above. There
are: - (1) Mischief causing damage to the amount of five thousands. (Section 427 of Penal Code. ) (2) Mischief by
killing or maiming animal of the value of ten kyats, (Section 428 of Penal Code. ) (3) Mischief by killing or
maiming cattle, etc. of any value of any animal of the value of five thousands kyats. (Section 426 of Penal Code.) (4)
Mischief by injury to works of irrigation or by wrongfully diverting water, (Section 430 of Penal Code.) (5)
Mischief by injury to public road, bridge, river or channel, (Section 431 of Penal Code) (6) Mischief by fire or
explosive substance with intent to destroy house, etc.(Section 432 of Penal Code. ) Any mischief requires three
things: - (1) Intention or knowledge of livelihood to cause wrongful loss or damage to the public or to any person;
(2) Causing the destruction of some property or any change in it or in its situation; and (3) Such change must destroy
or diminish its value or utility, or affect it injuriously.(Ratanlal and Dhirajlal, The India Penal Code. p.367.)
270.Give the ingredients of the offence of grievous hurt. (Ch 8 Criminal). Discuss it about 300 words.
The following kinds of hurt are designated as "grievous". firstly - emasculation. secondary - permanent privation of
sight of either eye. thirdly - permanent privation of the having of either ear. fourthly - privation of any member or
joint. fifthly - destruction or permanent impairing of the powers of any member of joint. sixthly - permanent
disfiguration of the head or face. seventhly - fracture or dislocation of a bone or tooth. eighthly - any hurt which
endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain or unable to
follow his ordinary pursuits. Voluntarily causing grievous hurt Whoever voluntarily causes hurt, if the hurt which he
intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous
hurt, is said "voluntarily to cause grievous hurt". Punishment for voluntarily causing grievous hurt Whoever, except
in the case provided for by Section 335, voluntarily causes grievous hurt shall be punished with imprisonment or
either description for a term which may extend to seven years, and shall also be liable to fine.1 Whoever voluntarily
causes grievous hurt on grave and sudden provocation, if he neither
intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the
provocation, shall be punished with imprisonment of either description for a term which may extend to four years, or
with fine which may extend to two thousand kyats, or with both. Whoever, except in the case provided for by
Section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any
instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance,
or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any
substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means
of an animals, shall be punished with imprisonment for a term of twenty years, or with imprisonment of either
description for a term which may extend to ten years, and shall also be liable to fine. - Voluntarily causing grievous
hurt to extort property, or to constrain to an illegal act. - Voluntarily causing grievous hurt to extort confession or to
compel restoration of property. - Voluntarily causing grievous hurt to deter public servant from his duty. - Act
endangering life or personal safety of others. - Causing hurt by act endangering life or personal safety of others. -
Causing grievous hurt by act endangering life or personal safety of others.
271. Explain the powers of the Social Welfare Officer. (Ch 14 Criminal). Your answer must be no less than 750
words.
Sec 33. (a) Whoever is of the opinion that any child mentioned in section 32 should be protected and cared by the
State may intimate the relevant Social Welfare Officer stating the facts of the case; (b) The Social Welfare Officer
shall, on receipt of the intimation under sub-section (a) or if he has personally received information in any manner
make investigations in the manner prescribed to determine whether or not the child needs the protection and care of
the State and submit his findings together with his opinion to the Director General; (c) The Social Welfare Officer
has the following powers in respect of the investigation under sub-section (b) – (i) informing the parents, guardian or
police officer and causing the child to be brought before him; (ii) entrusting the child to the parents or guardian on
execution of a bond or sending the child to a temporary care station, before receiving the decision of the Director
General. (iii) calling and examining necessary witnesses; (iv) hearing the explanation of the parents, guardian or the
child, if necessary. Section34. The Director General shall lay down and carry out any of the following arrangements
if he finds, on scrutiny that the child needs the protection and care of the State
according to the report submitted by the Social Welfare Officer: - (a) in the case of a child whose character needs to
be reformed, sending the child to any training school till he attains the age of 18 years as a maximum period; (b) in
the case of a child in need of custody and care, entrusting the child to a home or to a custodian till he attains the age
of 18 years as a maximum period; (c) in the case of a child needing supervision, causing the child to be supervised
by a Probation Officer for a period not exceeding 3 years; (d) in the case of a child of unsound mind, sending the
child to the Mental Hospital and making arrangements for medical treatment; (e) in the case of a child who is
afflicted with a contagious disease, sending the child to the relevant hospital and making arrangements for medical
treatment. Section 35. The Director General may direct the relevant Social Welfare Officer- (a) to implement the
arrangement laid down under section 34 in the manner prescribed; (b) to entrust the child to the care of the parents
or guardian on execution of a bond to the effect that they will take good care and control of the child, in the case of a
child who has parents or guardian and who is found, on scrutiny to need only the custody and care of such parents or
guardian; (c) to entrust the child to the care of the parents or guardian, with or without execution of a bond, in the
case of a child who is found, on scrutiny to have complied with the arrangement laid down under section34, sub-
section (a) or sub-section (c) for at least one year and whose moral character has improved. Section36. The Director
General may – (a) exercise the power mentioned in section 35 sub-section (c) at his discretion or on the submission
of the Principal of the relevant training school or Probation Officer or the parents or guardian; (b) alter as may be
necessary any arrangement laid down under section 34 sub-section (b), sub-section (d) or sub-section (e), if there is
sufficient reason to do so; (c) transfer a child committed to one training school to another training school, if there is
sufficient reason to do so; (d) grant the following rights in the manner prescribed to a child committed to a training
school: - (i) right to leave a training school as a temporary arrangement to be placed under the management and
supervision of a home or a custodian; (ii) right to travel on an emergency parole licence for the period required to
visit his parents, guardian or near relative who is seriously ill. (iii) right to live out on a parole licence; (iv) right to
live outside the training school with any suitable person under the management and supervision of the training
school; (e) delegate the powers conferred on him under this section to a Social Welfare Officer or a Principal of a
training school.
272. Questions
station. Section 61. No police-officer shall detain in custody a person arrested without warrant for a longer period
than under all the circumstances of the case is reasonable and such period shall not, in the absence of a special order
of a Magistrate under section 167, exceed twenty four hours exclusive of the time necessary for the journey from the
place of arrest to [the police-station, and from there to the Magistrate's Court]. Section 167. (1) Whenever any
person is arrested and detained in custody, and if appears that the investigation cannot be completed within the
period of twenty four hours fixed by section 61, and there are grounds for believing that the accusation or
information is well-founded, the officer in charge of the police-station or the police-officer making the investigation
shall forthwith transmit to the nearest Magistrate a copy of the entries in the diary hereinafter prescribed relating to
the case, and shall at the same time forward the accused to such Magistrate. (2) The Magistrate to whom the accused
person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to me
authorize the detention of the accused in such custody as such Magistrate thinks fit. But the detention of such person
shall not exceed in the whole 30 days where a person is accused of an offence punishable with rigorous
imprisonment for a term of not less than seven years, and where a person is accused of an offence punishable with
rigorous imprisonment for a term of less than seven years, the detention of such person shall not exceed 15 days in
the whole. If such Magistrate has not jurisdiction to try the case or commit it for trial, and considers further
detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction: Provided
that no Magistrate of the third class, shall authorize detention in the custody of the police (3) A Magistrate
authorizing under this section detention in the custody of the police shall record his reasons for so doing. (4) If such
order is given by a Magistrate other than the District Magistrate or Subdivisional Magistrate, he shall forward a copy
of his order, with his reasons for making it, to the Magistrate to whom he is immediately subordinate.
273.What are the powers of Appellate Court in disposing of appeal? (Ch 7 Cr P C).Specify it of 500 words or less.
Section 423. (1) The appellate Court shall then send for the record of the case, if such record is not already in Court.
(a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the
accused be retried of committed for trial, as the case may be, or find him guilty and pass sentence on him according
to law; (b) in an appeal from a conviction, (1) reverse the finding and sentence, and acquit or discharge the accused,
or order him to be retried by a Court of competent jurisdiction subordinate to such appellate Court or committed for
trial, or (2) alter the finding, maintaining the sentence, or with or without altering the finding, reduce the sentence, or
(3) with or without such reduction and with or without altering the finding, alter the nature of the sentence, but
subject to the provisions of section 106, subsection (3), not so as to enhance the same; (c) in an appeal from any
other order alter or reverse such order; (d) make any amendment or any consequential or incidental order that may
be just or proper. (2) Noting herein contained shall authorize the Court to alter reverse the verdict of a jury, unless it
is of opinion that such verdict is erroneous owing to a misdirection by the Judge, or to a misunderstanding on the
part of the jury of the law as laid down by him.
8.What are the powers of Court to order commitment? (Ch 7 Cr P C). Specify it of 500 words or more.
Section 437. Power to order commitment When, on examining the record of any case under section 435 or
otherwise, the District Judge considers that such case is tribal exclusively by the District Court and that an accused
person has been improperly discharged by the inferior Court, the Sessions Judge or District Magistrate may cause
him to be arrested, and may thereupon, instead of directing a fresh inquiry, order him to be committed for trial upon
the matter of which he has been in the opinion of the Session Judge or District Magistrate, improperly discharged:
Provided as follows:------ (a) that the accused has had an opportunity of showing cause to such Judge or Magistrate
why the commitment should not be made (b) that, if such Judge or Magistrate thinks that the evidence shows that
some other offence has been committed by the accused, such Judged or Magistrate may direct the inferior Court to
inquire into such offence. Section 439.(1) In the case of any proceeding the record of which has been called for by
itself or which otherwise comes to its knowledge, the Supreme Court of the Union or a High Court of the Region or
a High Court of the State a Court of the Self-Administered Division or a Court of the Self-Administered Zone or a
District Court may, in its discretion, exercise any of the Power conferred on a Court of Appeal by sections 423, 426,
427 and 428 or on a Court by section 338, and may enhance the sentence; and when the Judge composing the Court
of Revision are equally divided in opinion, the case shall be disposed of in manner provided section 429. (2) No
order under this section shall be made to the prejudice of the accused unless he has had an opportunity of being
heard, either personally or by pleader. (3) Where the sentence dealt with under this section has been passed by a
Magistrate acting otherwise than under section 34, the Court shall not inflict a greater punishment for the offence
which, in the
opinion of such Court, the accused has committed than night have been inflicted for such offence by a Magistrate of
the first class. (4) Nothing in this section applies to an entry made under section 273, or shall be deemed to authorize
the Supreme Court of the Union or a High Court of the Region or a High Court of the State a Court of the Self-
Administered Division or a Court of the Self-Administered Zone or a District Court to convert a finding of acquittal
into’ one of conviction. (5) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of
revision shall be entertained at the instance of the party who could have appealed. (6) Notwithstanding anything
contained in this section, any convicted person to whom an opportunity has been given under sub-section (2) of
showing cause why his sentence should not be enhanced shall, in showing cause, be entitled also to show cause
against his conviction.

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(6101-1)Question

(1) High Treason.

(2) Committing depredation on territories of power at peace with the state.

Explanation- An act or offence is said to be committed in sequence of abetment, when it is committed in

According to Section 339 of the

I would like to opnion that,Yes, Ma Than included in the right of self-defense.

Thirdly. --An assault with the intention of committing rape;

Fourthly. -- An assault with the intention of gratifying unnatural lust;

Fifthly.--An assault with the intention of kidnapping or abducting;

2 Judge a A person who desides the disputes without bias

3 Police h A person who protects people's live hood

5 Prosecutor c A person who is prosecution on behelf of the State

7 Arugument d The Presentation of the Lawer of both parties

with relevant provision and illustration. (chapter 4)

In this condition, Ko Soe has not committed any offence.

who is standing by.

According to section 80 of the Penal Code (Accident in doing a lawful act)

Nothing is an offence which is done by accident or misfortune and

without any criminal intention or knowledge in the doing of lawful act in a

is standing by here, if there was no want any criminal intention of

must have proper and reasonable care.

Maung Maung is punishable under the Myanmar Penal Code.

No, the defence of Maung Saw is not legal.

(1) Being under sentence of imprisonment for a term of twenty years

(2) With premeditation

It may be awarded as punishment for the following offences.

(1) Punishment of high treason

(2) Abetment of mutiny

(3) Abetment of suicide of child or insane person

(4) Dacoity with murder

(5) Attempt to murder & Attempts by life convicts

No, U Mg Mg does not commit ‘giving false evidence’.

Myanmar Penal Code Section 107 defines about abetment such as –

First. -- Instigates any person to do that thing; or

For the second part of question,

According to Section 299 of the Penal Code Culpable homicide means;

In the meaning of grave and sudden provocation provided in above section;

U Aung is said that he has committed the offence of ‘mischief'

Regarding mischief, it is defined in Section 425.

Yes, Daw Nyo’s complaint is valid.

U Soe Lin vs The Union of Burma

Aung Aung committed the offence of defamation.

20. Define the term 'Dishonestly'.

21. Explain the words 'valuable security'.

22. Explain the definition of 'Document'.

There are five kinds of punishments in generally viz;

(2) imprisonment for life or imprisonment for a term of twenty years

(3) imprisonment with hard labour

(4) forfeiture of property and

24. Explain the death sentence.

(1) Being under sentence of imprisonment for a term of twenty years1.

(2) With premeditation.

There are two kinds of imprisonments. They are:

(a) rigorous imprisonment, and

(b) simple imprisonment

Some of offences must only be convicted by rigorous imprisonment.

e.g Concealing with intent to facilitate design to wage war.1

e.g Theft, Extortion

Some kinds of offences are simple imprisonment by this code.

26. Explain the description of imprisonment for non-payment of fine.