1An Act to consolidate and amend the law relating to the punishment of whipping. WHEREAS it is expedient to consolidate and amend the law relating to the punishment of whipping; It is hereby enacted as follows:-
Section 1. Short title and extent
(1) This Act may be called the Whipping Act, 1909; and
(2) It extends to the whole of Bangladesh.
Section 2. Whipping added to punishments described in Act XLV, 1860
In addition to the punishments described in section 53 of the Penal Code, offenders are also liable to the punishment of whipping.
Section 3. Offences punishable with whipping in lieu of other punishment
Whoever commits any of the following offences, namely:-
(a) theft, as defined in section 378 of the Penal Code other than theft by a clerk or servant of property in possession of his master;
(b) theft in a building, tent or vessel, as defined in section 380 of the said Code;
(c) theft after preparation for causing death or hurt, as defined in section 382 of the said Code;
(d) lurking house-trespass, or house-breaking, as defined in sections 443 and 445 of the said Code, in order to the committing of any offence punishable with whipping under this section;
(e) lurking house-trespass by night, or house-breaking by night, as defined in sections 444 and 446 of the said Code, in order to the committing of any offence punishable with whipping under this section;
may be punished with whipping in lieu of any punishment to which he may for such offence be liable under said Code.
Section 4. Offences punishable with whipping in lieu of or in addition to other punishment
Whoever-
2(a) abets, commits or attempts to commit, kidnapping as defined in sections 360 and 361 of the Penal Code in respect of any person under the age of fourteen;
(ab) abets, commits or attempts to commit, kidnapping or abduction as defined in sections 360, 361 and 362 of the 3said Code in respect of any person under the age of fourteen in order that such person may be murdered or subjected to grievous hurt or slavery, or to the lust of any person or may be so disposed of as to be put in such danger;
(ac) abets, commits or attempts to commit, kidnapping or abduction as defined in sections 360, 361 and 362 of the 4said Code with intent to cause the persons kidnapped or abducted to be secretly and wrongfully confined, where that person is under the age of fourteen;
(ad) abets, commits or attempts to commit the wrongful concealment or confinement of a person under the age of fourteen, knowing that person to have been kidnapped or abducted within the meaning of sections 360, 361 and 362 of the 5said Code;
6(ae) abets, commits or attempts to commit, rape, as defined in section 375 of the 7said Code;
(b) compels or induces any person by fear of bodily injury, to submit to an unnatural offence as defined in section 377 of the said Code;
(c) voluntarily causes hurt in committing or attempting to commit robbery, as defined in section 390 of the said Code;
(d) commits dacoity as defined in section 391 of the said Code;
(e) abets, commits or attempts to commit an offence of insult to the modesty of a woman punishable under section 509 of the 8said Code 9;
(f) being a member of an assembly of two or more persons the common object of which is to commit an offence punishable under section 366 of the said Code abets, commits or attempts to commit such offence; or
(g) abets, commits or attempts to commit in respect of any female person any offence punishable under section 366A, 366B, 367, 372 or 373 of the said Code,
may be punished with whipping in lieu of or in addition to any other punishment to which he may for such offence, abetment or attempt be liable under the said Code.
Section 5. Juvenile offenders when punishable with whipping
Any juvenile offender who abets, commits or attempts to commit-
(a) any offence punishable under the Penal Code, except
offences specified in Chapter VI and in sections 153A and 505 of that Code and offences punishable with death, or
( b) any offence punishable under any other law with imprisonment which the Government may, by notification in the official Gazette, specify in this behalf,
may be punished with whipping in lieu of any other punishment to which he may for such offence, abetment or attempt be liable.
Explanation.-In this section the expression “juvenile offender” means an offender whom the Court, after making such enquiry (if any) as may be deemed necessary, shall find to be under sixteen years of age, the finding of the Court in all cases being final and conclusive.
Section 6. Special provision as to punishment with whipping in frontier districts
10Whenever the Government has, by notification in the official Gazette, declared the provisions of this section to be in force in any frontier district or any wild tract of country within the jurisdiction of 11the Government, any person who in such district or tract of country after such notification as aforesaid commits any offence punishable under the Penal Code with imprisonment for three years or up-wards, may be punished with whipping in lieu of any other punishment to which he may be liable under the said Code.
Section 7. [Repealed]
[Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).]
Section 8. [Repealed]
[Repealed by section 3 and 2nd Schedule of the Second Repealing and Amending Act, 1914 (Act No. XVII of 1914).]