Myanmar Penal Code

Last updated
Penal Code of Myanmar
ရာဇသတ်ကြီး
Original titleIndia Act XLV, 1860
Date effective 1 May 1861

The Penal Code of Myanmar is the official criminal code of Myanmar. The code was enacted on 1 May 1861 during British rule in Burma and is divided into 23 chapters. [1] [2] The Penal Code of Myanmar is nearly identical to the Indian Penal Code, due to their shared origins under British rule. [3]

Contents

Sections 505(a) and 505(b) of the Penal Code are commonly used against journalists, activists, and protestors. [4] [5] As of 30 April 2020, 8 of the 50 convicted political prisoners were serving sentences for violating one or both of said sections. [5] In the aftermath of the 2021 Myanmar coup d'état, the military junta amended section 505(a) to criminalise "fake news" and "incitement" against the military. [4] Lawyers who represent activists and politicians have also been charged under section 505(a). [6]

Section 377 criminalises consensual same-sex sexual conduct, and LGBT rights groups have called for the section to be abolished. [7] [8] [9]

See also

References

  1. "Myanmar - Penal Code, 1861". ILO. Retrieved 2023-03-02.
  2. Kreß, Claus; Barriga, Stefan (2016-10-27). The Crime of Aggression: A Commentary. Cambridge University Press. ISBN   978-1-108-10749-5.
  3. Leader-Elliott, Ian (2017). "Review of Criminal Law in Myanmar". Singapore Journal of Legal Studies: 192–199. ISSN   0218-2173.
  4. 1 2 "Beyond the Coup in Myanmar: Echoes of the Past, Crises of the Moment, Visions of the Future". HLS Clinical and Pro Bono Programs. 2021-05-07. Retrieved 2023-03-02.
  5. 1 2 "Burma's Political Prisoners and U.S. Policy". Congressional Research Service. 2021-01-04.
  6. "Justice denied as regime targets activists' lawyers". Frontier Myanmar. 2022-08-30. Retrieved 2023-03-02.
  7. "Myanmar's criminal law and justice system perpetuates stigmatization, discrimination, and human rights violations against its LGBTQ people, new report finds". International Commission of Jurists. 2019-11-08. Retrieved 2023-03-02.
  8. Myay, Chan (2013-11-29). "LGBT Groups Call for Burma's Penal Code to Be Amended". The Irrawaddy. Retrieved 2023-03-02.
  9. Slow, Oliver (2016-02-27). "The left-over laws: Myanmar's colonial hangover". Frontier Myanmar. Retrieved 2023-03-02.