New Legislations

Search and Seizure: Police officers can enter a residence for the purposes of search and seizure without the presence of two most important witnesses such as Ward or Village Administrators or heads of 10 and 100 households .⁷

Detention: A person can be detained by police for more than 24 hours without judicial permission.⁸

Authorities do not need permission for certain activities: – Authorities no longer required to acquire permission, such as a warrant, to conduct certain activities which encroach upon the privacy and security of citizen. ⁹  This includes the following activities:

• Entering private property
• Intercepting private communications between citizens
• Obtaining personal communications data from telecommunication operators,
• Open, search, seize or destroy a person’s private correspondence or package.

But, other existing laws may be used to protect privacy and security of person. Please visit: Know Your Right > Person Accused of Crime > Arrests and Searches.

Section 121 – High Treason¹⁰

• Originally defined high treason as:
  • Anyone who “attempts or otherwise prepares by force of arms or other viulent means to overthrow the organs of the Union or of its constituent units established by the Constitution”
• High treason now also applies to “unconstitutional means or other means.”

Section 124 - Attempts to bring into hatred, contempt, exciting or attempting disaffection

• Originally
  • “Attempts to bring into hatred or contempt, or excites or attempts, to excite disaffection towards the Government established by law for the Union or for the constituent units”
  • Penalty: minimum 3 years imprisonment
• Amendment ¹¹
  • “Attempts to bring into hatred or contempt, or excites or attempts, to excite disaffection towards the Government established by law for the Union or for the constituent units or The Defence Services or Defence Services Personnel.”
  • Penalty: minimum 7 years imprisonment.
  • Non Bailable and non-compoundable offence ¹²

Section 124(c)-(d) - Sabotage or hindering military, pulice or government officials

• • Section 124(c)
    • It is an offence to sabotage or hinder military or law enforcement personnel engaged in preserving the stability of the state.
    • Penalty: up to 20 years imprisonment
    • Non Bailable and non-compoundable offence¹³
  • Section 124(d)
    • It is an offence to hinder military or government personnel carrying out their official state duties.
    • Penalty: up to 7 years imprisonment without or without fines.
    • Non Bailable and non-compoundable offence

Section 505

• Amendment:
  • Introduced Section 505-A: any attempts to cause fear, spread false news, and agitate directly or indirectly against a government employee is a criminal offence
    • Penalty: can be arrested without a warrant, 3-year imprisonment or fines, or both.¹⁴
    • Non Bailable and non-compoundable offence
  • Amended section 505(a)¹⁵ ::criminalises any attempt to cause or likely cause a member of the Defence Services or government employees to deprive, affect, hinder, disturb, damage the motivation, discipline, health, and conduct upon government of the Defence Services and the duty of government employees or members of defence services to bring into hatred, disobedience, disloyalty.
    • Penalty: can be arrested without a warrant, 2-year imprisonment or fines, or both.¹⁶
    • Non Bailable and non-compoundable offence

• Personal information is any information which has been verified or verified as a person associated with a person. ⁴⁶
  • There are many exceptions to protection of personal information and safe management of personal data. ⁴⁷
  • Penalty: failing to manage personal information in accordance with amendment results in 1 -3 years of imprisonment or a fine. ⁴⁸
• Authorities now have the power may of “[d]etecting, investigating, organizing of information, verifying the information, conducted in accordance with management power on the cyber security and cybercrime matters relating to perpetuation of sovereignty, stability, tranquillity, national security of the state.”
• Protections regarding personal data of others: Obtaining, disclosing, using, destroying, modifying, disseminating, or sending someone else’s personal data to anyone else without approval is a criminal offence. ^{49 (SAC Law No. 7/2021, S.9..)}
• Posting and sharing information via the internet ⁵⁰
  • “[w]hoever, in cyberspace, ...creates false news or fake news with the intention to cause public panic, to lose trust, to lower the dignity of the public or to destroy the unity of any association” is guilty of a criminal offence.
    • Penalty: up to imprisonment (minimum 1 year, maximum 3 years) or a fine not exceeding 5 million Myanmar Kyats, or both.
• Cyberattacks are violations/attempting/abetting/inciting/coordinating, attacks of the national administration, finance, economy, rule of law, national security, public security and welfare, using a cyber source within a cyberspace. ⁵¹
  • Penalty: ranges from 1 to 5 years’ imprisonment and/or fines depending on the provision. ⁵²
    • Cyberattacks that harm foreign relations with Myanmar or relate to sources kept confidential for national security reasons are subject to harsher penalties: 3 to 7 years in prison and/or a fine.

• Increases penalties for Section 3(b)(15) of the 2014 law for “insisting, persuading, propagating and recruiting a person to be involved in a terrorist group or in doing terrorist activities is a crime. ⁴⁵
  • New penalty: 3 years’ to 7 years’ imprisonment, subject to additional fines, for acts (or omissions) with intent to commit an act of terrorism under Section 3(b)(15) of the 2014 law.

• • Broadcasting can be done on any technology under the new amendment. ⁵³
  • Operating without a licence or continuing to operate upon revocation/suspension of license is a crime punishable with imprisonment and/or fine.
    • Penalty for operating without a licence: 3 to 5 years’ imprisonment, and may be fined 30 to 50 million Myanmar Kyat. ⁵⁴
    • Penalty for continuing to broadcast after termination of licence: 6 months to 1 year in prison or fine of 5 million to 10 million Myanmar Kyat. ⁵⁵

Providing false information in licence application.

 You may be prosecuted if you:
• • Own two or more companies in a broadcasting zone, and/or
  • Have cross-ownership issues, and
  • intentionally provide false information in a licence application
    • Penalty: 1 to 3 years imprisonment and/or fines of 10 to 30 million Myanmar Kyat. ⁵⁶
• Offences under this law are cognizable. ⁵⁷

• • Powers of the Executive
    • The President has the power to appoint the Chief of Police, in consultation with the Commander in Chief of the Defence Services (CIC). ⁵⁸
    • SAC Cabinet consulting with the CIC has the power to reorganise the Myanmar police force (MPF). ⁵⁹
    • SAC can assign duties to the Chief of Police. ⁶⁰
    • Cabinet is responsible for developing policies and procedures in the formation of the MPF. ⁶¹

Powers of Ministry and Home Affairs (MOHA):

• • Assign duties to the Chief of Police. ⁶²
  • With Cabinet’s approval, determine the duties and powers of the police. ⁶³
  • Issue rules and regulations with Cabinet’s approval. ⁶⁴
  • Work with MPF in issuing notifications, instructions, procedures and to deal with matters relating to police work and management. ⁶⁵
  • MOHA is responsible for the structure of MPF and can make recommendations to Cabinet where necessary. ⁶⁶
• Police can arrest a person without a warrant for the following actions: ⁶⁷
  • Causing a public nuisance or disturbing the peace
  • Graffiti on public or private property without permission
  • Interfering with the lawful duties of a police officer
• For offences where the penalty ranges from 1 month – 2 years’ imprisonment, alongside a fine between 10,000 to 50,000 Myanmar Kyat, police may arrest without a warrant. ⁶⁸
• Banging pots and pans has become a crime under this law. ⁶⁹
  • Penalty: three months imprisonment and a fine of 10,000-50,000 Myanmar Kyat. ⁷⁰
• If police finds a person in any of the following locations or situations between sunset and sunrise, and that person fails to provide a ‘valid reason’, he/she can be arrested without a warrant: ⁷¹
  • • In a market, street, house backyard or front yard
    • building, vessel or a vehicle
    • with a face disguise
  • Penalty: up to 1 to 6 months imprisonment and a fine between 10,000-30,000 Myanmar Kyat. ⁷²
• Disciplining of police officers: investigations by prosecution bodies outside of the Myanmar Police Force, or any action against police officers in the performance of their duties under existing law, must be with the permission of the Chief of Police. ⁷³
  • WIth regards to disciplining officers, the 1995 Myanmar Police Force Maintenance of Discipline Law remains law. ⁷⁴

• Court cases may now go to ‘meditation’, if: ⁷⁵
  • A law prescribes the type of case be mediated, such as cases with a civil nature, or
  • The Union Supreme Court (USC) issues a notification for a case to be mediated, or
  • Disputing parties voluntarily refer to mediation
• Meditation is defined as a confidential dispute resolution process involving a mediator assigned by the Court who facilitates the parties to reach a mutually agreeable solution. 36 ⁷⁶
• If parties reach an agreement privately, they must still apply to the court to verify the agreement. ⁷⁷
• The Union Supreme Court has the power to issue notifications, orders, directives, procedures and manuals relating to mediation. ⁷⁸