Penal Code of Myanmar
ရာဇသတ်ကြီး
Original titleIndia Act XLV, 1860
Date effective1 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]

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. ^ a b "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. ^ a b "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.

External links

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