On 14 February 2021, the State Administration Council ("SAC") enacted Law Number 05/2021 or the Law Amending the Penal Code ("Amendment Law") pursuant to the powers conferred upon it under Section 419 of the Constitution of Myanmar. The Amendment Law has introduced new provisions and amended existing ones. These provisions are as follows:
Section 121 – Section 121 has inserted an "unconstitutional means" clause, allowing for a broader interpretation of high treason. It is specifically being used against the Committee Representing the Pyidaungsu Hluttaw (the de jure national level bicameral legislature of Myanmar), which, pursuant to this provision, has been declared by SAC as unlawful and unconstitutional. Section 212 imposes a penalty of a death sentence, or imprisonment for a term of up to 20 years.
Section 124-A – The Amendment Law has inserted the terms "Defence Services" and "Defence Services Personnel" into the existing provision, providing for a charge against anyone who brings or attempts to bring hatred or contempt, or excites or attempts to excite disaffection towards the military by words, signs, visible representation, or otherwise. Section 124-A imposes a penalty of imprisonment for a term of up to 20 years, or a fine, or both.
Section 124-C – The new Section 124-C A prohibits the sabotage or hindrance in carrying out the performance of the Defence Services or law enforcement organisations. Section 124-C imposes a penalty of imprisonment for a term of up to 20 years, or a fine, or both.
Section 124-D – The new Section 124-D A prohibits the disruption or hindrance of the Defence Service or Government Employees while carrying out their duties. Section 124-D imposes a penalty of imprisonment for a term of up to seven years, or a fine, or both.
Section 505(a) – The Amendment Law has revised Section 505(a) to include the terms "member of the Defence Services" and "Government Employees" in the previous provision. It prohibits anyone from making, publishing, or circulating any reports, statement, or rumour which would bring about disobedience, hatred, or disloyalty to the authorities.
Section 505-A – Section 505-A is a new provision that prohibits anyone from causing fear, spreading false news, or agitating directly or indirectly criminal offences against Government Employees. Section 505-A imposes a penalty of imprisonment for a term of up to three years, or a fine, or both.
The newly enacted provisions have been frequently used to bring charges against arrested personnel amidst the unrest after the takeover. Many protesters, politically active personnel and other dissidents have been charged with violating Section 505(a) of the Penal Code owing to the fact that it provides for a broad interpretation of what constitutes a breach of the relevant law.
