January 12, 2008

Burglary at bank

Dhaka newspapers keep calling the recent burglary at the Dhanmondi branch of the BRAC Bank a robbery. Why? Perhaps the huge amount of gold and money taken away by the gang led the editors, and the writers, to believe that it could be a robbery. Perhaps there are something else. Whatever the case is, this is a simple case of burglary. No one knew when the incident, detected early January 6, took place. None of the offended was present and there was no use of force; the roof and lockers were broken and money and gold were taken away.

Robbery is taking something away from someone by the use of force, threats or intimidation, committed in the presence of the victim. An unlawful entry of a building, when windows and doors are broken or forced, screens, walls or roofs broken and tools used or even when doors or windows remain unlocked, for a theft or felony is described as burglary. Larceny is burglary only when the entry is not illegal and forcible. Theft is often synonymous with larceny.

The Bangladesh Penal Code defines robbery as robbery when it is committed by less than five persons and dacoity when it is committed by five or more than five persons, punishable with imprisonment for varying periods. Henry Yule's Hobson-Jobson says, 'The term, being current in Bengal, got into the Penal Code. By law, to constitute dacoity, there must be five or more in the gang committing the crime.' In the English laws, the Bangladesh Law Commission in a report in 1998 said, robbery is synonymous with robbery and dacoity. The distinction is still maintained in the penal codes of India and Pakistan, in keeping with the continuity. The Indian Penal Code 1860 became the Pakistan Penal Code after 1947 and the Bangladesh Penal Code after 1971.

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