Frequently Used Provisions

1908 Explosive Substances Act

• Explosive substancesis a term defined as “any material for making any explosive substance.”¹³³

• Definition includes any part of a machine or implement used or intended to be used in an explosive device.

• Causing an explosion likely to endanger life or property is a serious criminal offence.¹³⁴

• Penalty:up to ten years in prison or transportation for life.¹³⁵ May also include fines.

• Act with intent to cause explosion likely to endanger life or cause serious injury to person or property.¹³⁶ This also includes conspiracy to cause such an explosion.

• Penalty: up to seven years in prison, or transportation for term which may extend up to 20 years in prison.¹³⁷ May also include fines.

• Possession, or making, of explosive substances likely to endanger life or cause serious injury to person or property..¹³⁸

• Penalty: up to seven years’ imprisonment, or transportation for a term which may extend to 20 years in prison.^{139 (Transportation for a term which may extend up to 20 years in prison” means imprisonment for up to 20 years.)} May also include fines.
• Person who knowingly possesses, or makes, an explosive substance under suspicious circumstances ¹⁴⁰  carries a penalty of up to five years’ imprisonment, or transportation for a term which may extend to fourteen years.¹⁴¹ May also include fines.

• A person is not guilty of the offence if a lawful reason for the manufacture or possession of such materials can be determined.

• Abetting in any of the offences under this law is subject to the same punishment as the offence. This can include providing financial support.¹⁴²
• This provision applies regardless of whether harm was actually caused.¹⁴³
• Presidential Consent is required to prosecute under this Law¹⁴⁴

2016 Law Relating to Peaceful Assembly and Peaceful Procession ¹⁴⁵

• “Peaceful assembly”¹⁴⁶  is defined as a peaceful (and unarmed) gathering and giving speeches in permitted public places for the purpose of expressing wishes and convictions, in accordance with the provisions¹⁴⁷ of the act.
• “Peaceful procession”¹⁴⁸ is defined as a peaceful (and unarmed) procession on a permitted road for the purpose of expressing wishes and convictions,¹⁴⁹  in accordance with the provisions of the act.
• Peaceful assembly or procession has to submit a notification to the relevant Township Superintendent of the Myanmar Police Force 48 hours in advance .¹⁵⁰
  • Citizens wishing to carry out a peaceful assembly or procession have to submit a notification which includes, but is not limited to, the following facts:¹⁵¹
    • Objective and subject matter of speech
    • Place or route
    • Date
    • Name and contact address of applicant, leader/s, and speaker/s¹⁵²
  • The persons who are holding the peaceful assembly and peaceful procession shall be protected by a police force led by a police officer not below the rank of sub-inspector of police.¹⁵³
• The persons who are holding the peaceful assembly and peaceful procession shall be protected by a police force led by a police officer not below the rank of sub-inspector of police.¹⁵⁴
• Peaceful assembly or procession has to submit a notification to the relevant Township Superintendent of the Myanmar Police Force 48 hours in advance . ¹⁵⁵
• Carrying out a peaceful assembly or peaceful procession without notification in accordance with the law is an offence. ¹⁵⁶
  • Penalty:no more than 3 months in prison and/or fines not more than 30,000 Ks
• Acts such as disturbing, destroying, obstructing, assaulting, or otherwise harming the attendees of a peaceful assembly or a peaceful procession conducted in accordance with a given permission is an offence.¹⁵⁷
  • Penalty:no more than 1 year in prison and/or fines not more than 100,000 Ks.
• Violation of the terms and conditions as described under this law¹⁵⁸ is an offence.¹⁵⁹
  • Penalty: no more than one month in prison and/or fines not more than 10,000 Ks.

• Murder with premeditationis eligible for the death penalty and may also be subject to fines.¹⁶⁰
  • Committing murder, even in the absence of premeditation, in the course of committing an offence punishable for seven years or more under the Penal Code, is an offence eligible for the death penalty and may also be subject to fines.¹⁶¹
  • Whoever commits murder in any other circumstance may face ten to twenty years¹⁶² imprisonment and may also be subject to fines.¹⁶³
• The penalty for culpable homicidethat does not amounting to murder is ten to twenty years40imprisonment and¹⁶⁴ may also be subject to fines.¹⁶⁵
• Attempts to bring into hatred or contempt, or excites or attempts, to excite disaffection towards the Government or Defense Servicesis an offence.¹⁶⁶
  • Penalty: Seven to twenty years’ imprisonment and/or fines.
• Sabotaging or hindering military or law enforcement personnel “engaged in preserving the stability of the State”is an offence.¹⁶⁷
  • Penalty: up to twenty years imprisonment and/or fines.
  • Non-bailable and non-compoundable¹⁶⁸
• Hindering military or government personnel carrying out their official dutiesis an offence.¹⁶⁹
  • Penalty: up to seven years imprisonment and/or fines.
  • Non-bailable and non-compoundable¹⁷⁰
• Abetting mutiny or attempts to seduce an member of the Defense Services from his or her allegiance or duty is an offence.¹⁷¹
  • Penalty: ten to twenty years’ imprisonment and may be subject to fines.¹⁷²
• Any attempts to “cause fear, spread false news, and agitate directly or indirectly criminal offence against a government employee.”
  • Penalty: three years’ imprisonment and/or fines.¹⁷³
• Any attempt to encourage hatred, disobedience, and disloyalty toward “a member of the Defence Services or government employees,” is an offence.
  • Penalty: two years’ imprisonment and/or fines.¹⁷⁴
• A criminal conspiracyis defined as when two or more people agree to do, or cause to be done, an illegal act.¹⁷⁵
  • The agreed upon action may not be illegal but if it was carried out by illegal means it is still a criminal offence of conspiracy.
  • It does not matter if the illegal act was the object of the agreement or incidental to the agreement.
  • Penalty: If the underlying act is punishable by imprisonment of two years up to the death penalty, then whoever is a party to the conspiracy will be punished in the same manner as if they abetted the offence.¹⁷⁶
    • A person who is involved in a criminal conspiracy up to two years imprisonment is eligible to receive a penalty of up to six months and/or fine.
    • One exception is where a legal provision has specified a penalty for the act of conspiracy with regard to the specific offence.
• Abetment¹⁷⁷ is defined as
  • A person who instigates any person to perform an action; or
  • A person engages with one or more persons, or a person in a conspiracy to perform an action or omit an action; or
  • A person who intentionally aids, by act or omission, the performance of an act.
• A person who abets an offence that is punishable with life imprisonment or the death penalty shall:¹⁷⁸
  • If offence did not occur as a consequence of abetment, the penalty is up to seven years and may be subject to fines.
  • If offence did occur as a consequence of abetment, and it caused hurt to any person, the penalty is fourteen years and may be subject to fines.
• A person who abets an offence that is punishable with imprisonment (for a penalty less than life imprisonment or death):
  • If the offence occurred not as a consequence of the abetment, then the penalty is one quarter of the maximum term of imprisonment for the offence as well as the same fines as provided for under law.¹⁷⁹
• If the abettor or person assisted involves a public servant whose duty is to prevent the commission of such an offence, then the abettor is subject to a penalty of one half of the maximum term of imprisonment for the offence as well as the same fines as provided for under law.¹⁸⁰
• Concealment: if the abettor intended to facilitate, or knew it would likely to facilitate, the commission of an offence punishable by life imprisonment or death, and:¹⁸¹
  • Voluntarily conceals by act or omission, the existence of a design to commit such an offence and:
    • If the offence occurs, then the penalty is imprisonment up to seven years and/or fines.
    • If the offense does not occur, then the penalty is imprisonment up to three years and/or fines.
• If the abettor intended to facilitate, or knew it would likely to facilitate, the commission of an offence punishable by imprisonment (for a penalty less than life imprisonment or death) and:¹⁸²
  • Voluntarily conceals by act or omission, the existence of a design to commit such an offence and:
    • If the offence occurs, then the penalty is imprisonment up to one fourth of the maximum term of imprisonment for the offence and/or the same fines as provided for under law.
    • If the offense does not occur, then the penalty is imprisonment up to one eighth of the maximum term of imprisonment for the offence and/or the same fines as provided for under law.
• One exception is where a legal provision has specified a penalty for the act of conspiracy with regard to the specific offence.

• Public property refers to any property intended for use by local authorities, military, and/or government. Public property may even include documents.¹⁸⁹
• Possession without permission, theft,misappropriation, or mischief in relation to public property is an offence. ¹⁹⁰
  • The accused person must provide that possession of public property was authorized. ¹⁹¹
  • May be arrested without a warrant¹⁹²
  • Penalty: up to seven years’ imprisonment and/or fine.¹⁹³
• Finding public property that has been lost or abandoned should not be removed or tampered with.¹⁹⁴
  • Depending on the circumstances, may be required reporting to the authorities.¹⁹⁵
  • Penalty: six months and/or fine.
• Attempt, abetting or any preparatory act that violates this law is considered an offence.¹⁹⁶

• Natural disasterrefers to the destruction to “life and property, livelihood, infrastructures,” and “health of the public” or environment.
  • Natural causes and man-made accidents or negligence that lead to fire, landslides, floods, land erosion, damge to crops, outbreak of contagious disase, violence or armed insurgencies, oil spills,etc are also incorporated in this definition.
  • Natural Disaster Management Committee has the power to specify additional dangers not already included in law. ¹⁹⁷
• This law has been applied to persons who have violated official Covid-19 restrictions.
• Wilful action, or any negligent act, that causes or is likely to causea natural disaster.¹⁹⁸
  • Penalty: up to three years’ imprisonment and/or fine.
• Willful failure to comply with relevant government directive.။¹⁹⁹
  • Penalty: up to one year imprisonment and/or fine.²⁰⁰
  • Persons who fail to comply with prevention measures to control communicable diseases may also be liable under another law. ²⁰¹
• Misinforming the public regarding a natural disaster for the purpose of causing public fear or concern.။
  • Penalty: up to one year imprisonment and/or fine.²⁰²

2013 Telecommunications Law²⁰³

• Defamation using a telecommunications network: it is a criminal offence to engage in “extorting defaming, disturbing or threatening… any person by using any telecommunications network.”²⁰⁴
  • The case can only be brought by the victim or a person authorized by the victim. ²⁰⁵
  • In order for the prosecution to proceed,^{206 ( prior permission of the Ministry of Transport and Communications)}  must be obtained.²⁰⁷
  • Penalty: maximum 2 years’ imprisonment and/or fine.²⁰⁸
• Sharing of incorrect information: It is a criminal offence to engage in ‘communications, reception, transmission, distribution or conveyance of incorrect information with dishonesty or participation.’ ²⁰⁹
  • Penalty: maximum 3 years in prison and/or fine.²¹⁰
• Offences under this laware bailable.
• Power to search and seize materials: authorities²¹¹ have the power to search and seize materials.
• The Ministry of Transport and Communications has the power to shutdown, interrupt, obtain necessary information, and control telecommunications in “emergency situations” for the public interest.²¹²

2013 Anti-Corruption Law²¹³

• Corruption is defined as the giving or taking of any benefit (or attempting to do either), directly or indirectly, in order to abuse a position. ²¹⁴
  • A position may be abused by the act of doing something illegal, or avoiding doing something legal, or by the granting or denying rights to which another person is entitled.
• Engaging in acts of corruption as a holder of an official political position is an offence. ²¹⁵
  • Penalty: up to 15 years in prison and may also be subject to fines.
• Engaging in acts of corruption as an “authorised person” who does not hold an official political position is an offence. ²¹⁶
  • Penalty: up to ten years and may also be subject to fines.
• Any other person engaging in acts of corruption, who is not either (1) a holder of an official political position, or (2) an authorised person is subject to a separate provision.²¹⁷
  • Penalty: up to seven years in prison and may also be subject to fines.
• Any person who attempts, conspires, or abets an offence under the 2013 Anti-Corruption Law is subject to the same penalty as provided for under the provision. ²¹⁸
• These offences are cognizable.²¹⁹
• Complaints of corrupt practices, including bribery, extortion and the abuse of office by public servants, including judges, and law officers can be filed with the Anti-Corruption Commission (ACC).
  • The complainant must provide concrete evidence in support of his or her claims to avoid defamation charges or other forms of legal action against him or her.²²⁰
    • Those found to have made a false complaint in order to defame another person is subject to up to three years in prison and may also be subject to fines. ²²¹

• An “official secret” is not defined under the law.
• To be in the vicinity of a prohibited place for any purpose that is against the safety or interests of the State is an offence.²²²
  • A “prohibited place”²²³ includes any military property.
  • This is a cognizable and non-bailable offence.²²⁴
  • Penalty: up to 3 years in prison; 14 years in prison in special instances in relation to any work of the military or secret official code.
• Making any sort of sketch, plan, model, or note that is intended to be, or might be, directly or indirectly, “useful to the enemy” is an offence.²²⁵
  • Possession and/or communication of any secret information that is intended to be, or might be, directly or indirectly, “useful to the enemy” is an offence. ²²⁶
  • This is a cognizable and non-bailable offence. ²²⁷
  • Penalty: up to 3 years in prison; 14 years in prison in special instances in relation to any work of the military or secret official code.
• If, in committing any offence described above, there is also any communication, or attempt to communicate, with a “foreign agent” (inside or outside of Myanmar), this fact shall be used to show that the accused person is has obtained information intended to be useful, directly or indirectly, to an enemy. ²²⁸
  • Communication is presumed if the accused is known to consort with a foreign agent, or the accused has visited the address of a foreign agent; and/or
    • The accused is in possession of the name, address, or any other information regarding a foreign agent.
  • A foreign agent²²⁹ is any person regarding whom there are “reasonable grounds” for suspecting this person is employed by a foregin power, directly or indirectly, for the purpose of committing an act against the interests or safety of the State; or
    • A person who is reasonably suspected of having committed, or attempted, to commit an act (inside or outside of Myanmar) against the interests or safety of the Myanmar State in the interests of a foregin power.
• Possession or control of any secret official information, ²³⁰
  • • Willful communication of the information to an unauthorized person;
    • Use of the information for benefit of a foreign power or against state security;
    • Retention of information without right to do so, including failing to dispose of information without following official protocol; or
    • Failure to take reasonable care of official secret information
  • Penalty: up to 2 years in prison and may also be subject to fines.²³¹
  • The above are noncognizable and bailable offences.²³²
• Voluntary receipt of official secret information knowingly or have reasonable ground to believe that it is official secret information.²³³
  • Penalty: up to 2 years in prison and may also be subject to fines.²³⁴
  • The above are noncognizable and bailable offences.²³⁵

1908 Unlawful Associations Act²³⁶

• An unlawful association is defined as a group, whether it is known by an distinctive name or otherwise, that:
  • Encourages or supports persons to “commit acts of violence or intimidation” or a group in which “members habitually commit such acts”; ²³⁷ or
  • Which the president has declared to be unlawful.²³⁸
    • The President may declare an association unlawful if of the opinion that the association:²³⁹
      • constitutes a danger to “public peace”
      • interferes with the administration of law, or has as its object interference with the maintenance of law and order
• It is an offence to any way assist the operations of an unlawful association. ²⁴⁰ This includes, but is not limited to:
  • Being a member or taking part in meetings of an unlawful association.
  • Contributing, soliciting, or receiving any sort of contribution for the purpose of any unlawful association.
  • Penalty: not less than two and up to three years in prison and may also be subject to fines ²⁴¹
• Whoever manages or assists in the management of an unlawful association, or promotes or assists in promoting a meeting or its members (as members of such a group) are subject to a greater penalty.²⁴²
  • Penalty: not less than three and up to five years in prison and may also be subject to fines.

1996 Television and Video Law²⁴³

• This law provides for compulsory licensing of television sets, video cassette recorders, and satellite television receivers with the Ministry of Communications.
• Possession of satellite TV receivers without official permission is an offence subject to penalty under this law.²⁴⁴
  • Penalty: one year imprisonment and/or fines up to 500,000 Myanmar Kyat.²⁴⁵
• Failure to follow orders or directives issued by the authorities under this law is an offence.
  • Penalty: one year imprisonment and/or fines up to 500,000 Myanmar Kyat.²⁴⁶