Criminal
1861 colonial Penal Code plus emergency provisions used against dissent
The Penal Code of 1861 remains the core criminal statute. Since 2021 it has been supplemented by section 505A on comment causing fear or disaffection, and by counter-terrorism and electronic transactions charges used against opponents.
Key rules
- Jurisdiction — Township, district and regional courts, with military tribunals operating in townships under martial law. Special courts have sat inside prisons.
Governing law
- Penal CodeIndia Act XLV of 1861
- Code of Criminal Procedure1898
- Counter-Terrorism Law2014
In practice
The death penalty exists for murder and treason, and executions resumed in July 2022 after a long moratorium. Martial law declared over numerous townships transfers jurisdiction over listed offences to military tribunals, whose proceedings are closed and from which appeal rights are severely limited. Sections 505A, 124A and the Unlawful Associations Act carry multi-year terms for speech and contact with proscribed organisations. Fair trial guarantees in the Code of Criminal Procedure, including access to counsel and public hearing, are widely reported as not being observed in political cases. Any assessment of criminal exposure in Myanmar must account for this gap.