Aim of the Act:
- Making necessary provisions for the prevention of crime
against women and children.
- Strict prevention of offences relating to women and
child oppression.
Important Definitions:
Sec. 2 (j) Dowry: Dowry means money, goods or any property which has been
given or agreed to give to the bride-groom or his father or mother or any
person on his behalf, directly or indirectly, at the time of marriage or before
marriage at any time after marriage in condition with the smooth continuation
of marital life or as a consideration given by the side of the bride and the
money, goods or property which has been demanded from the bride or her father
or mother or any person on her behalf, by the bride-groom or his father or
mother or any other person on his behalf as the above mentioned condition or
consideration.
Sec. 2 (e) Rape: Rape means rape stated under section 375 of the Penal Code
1860 (Act XLV of 1860) subject to section 9 under this Act.
Section 9 of this Act states that, if a person has sexual intercourse
without lawful marriage with a woman not being under sixteen years of age,
against her will or with her consent obtained, by putting her in fear or by
fraud, or with a woman not being above sixteen years of age with or without her
consent, he shall be said to commit rape.
Sec. 2 (k) Child: Child means any person under fourteen years of age.
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Offences and Penalties:
- Punishment for offences committed by corrosive or
any other substances (Sec. 4)
1. If
a person causes death or attempts to cause death of any woman or a child
by burner, corrosive poisonous substance, he or she shall be punished
with-
a) death or,
b) imprisonment for life and also with fine not
exceeding one lac taka.
2. The sight or ear is damaged or face or breast or sexual organ is disfigured of any woman or a child, the person shall be punished with
a) death or, b) imprisonment for life and also with fine not exceeding one lac taka.
3. Any limb, joint or part of the body is disfigured or any
part of the body is damaged, he or she shall be punished with -
a) imprisonment of either description which may extend
to fourteen years but not less than seven years of rigorous punishment and also
with fine not exceeding fifty thousand taka.
4. If
a person throws or attempts to throw any substance burner, caustic or poisonous
over a child or a woman, he or she shall be punished, if the child or woman is
injured physically, mentally or otherwise in consequence of such act, with -
a) rigorous imprisonment
of either description which may extend to seven years but not less than three
years and also with fine not exceeding fifty thousand taka.
- Punishment for kidnapping a child or a woman (Sec.
7)
If a person kidnaps a child or a
woman which commits an offence under section 3 and 6 of Trafficking Prevention
Act 2012, he or she shall be punished with -
a) imprisonment for life
or,
b) with rigorous
imprisonment for either description, which may extend to fourteen years and
also with fine.
- Punishment for taking ransom (Sec. 8)
Whoever detains a child or a woman
to levy a ransom; he shall be punished with -
a) death or
b) with rigorous
imprisonment for life and also with fine.
- Punishment for rape or death in consequence of rape
(Sec. 9)
1. If
a person commits rape with a woman or a child, he shall be
punished with -
a) death or
b) rigorous imprisonment
for life and with fine.
2. If
in consequence of rape or any act so raped, died later, the man
shall be punished with -
a) death or
b) with rigorous
imprisonment for life and also with fine not exceeding one lac taka.
3. If
more than one man rapes a woman or a child and that woman or child dies or is
injured in consequences of that rape, each of the gang shall be punished
with
a) death or
b) rigorous imprisonment
for life and also with fine not exceeding one lac taka.
4. If
a person attempts on a woman or a child to cause death or hurt after rape, he
shall be punished with
a) death or b)
rigorous imprisonment for life and also with fine.
5. If
a person attempts on a woman or a child try to commit rape, he shall be
punished with -
a) imprisonment for either
description, which may extend to ten years but not less than five years
rigorous imprisonment and also with fine.
6.
If a woman is raped in the police custody, each and every person, under whose
custody the rape was committed and they all were directly responsible for
safety of that woman,
they shall be punished for failure
to provide safety, unless otherwise proved, with -
a) imprisonment for either
description which may extend to ten years but not less than five years of
rigorous imprisonment and also with fine.
- Provocation for Suicide (Sec. 9A)
Whoever, willfully snatch the
reputation or character of a woman without her consent and by this directly
induce the woman to commit suicide shall commit an offence of inducing suicide
and he shall be punished with -
a) imprisonment for either
description which may extend to ten years but not less than five years of
rigorous imprisonment and also liable with fine.
- Punishment for sexual oppression (Sec. 10)
If a person, to satisfy his sexual
urge illegally, touches the sexual organ or other organ of a woman or a child
with any organ of his body or with any substance, his act shall be said to be
sexual oppression and he shall be punished with -
a) imprisonment for either
description which may extend to ten years but not less than three years of
rigorous imprisonment and also with fine.
- Punishment for causing death for dowry (Sec. 11)
1. for causing death:
a) death penalty
for attempt for causing death:
a) imprisonment for life
and also with additional fine, in both case.
2. for causing grievous hurt:
a) imprisonment for life
or not exceeding twelve years but not less than five years of rigorous
punishment and also with additional fine, in both case;
3. For simple hurt:
a) imprisonment not
exceeding three years but not less than one year and with additional extra fine
with both.
- Punishment for impairing any limb of a child for the
purpose of begging (Sec. 12)
If a person damages hands, feet, eyes
or any other limb of a child, or makes disabled or disfigured by any means, for
the purpose of making him/her a beggar or to sale any part thereof, he or she
shall be punished with -
a) death or
b) rigorous imprisonment
for life and also with fine.
- Punishment for filing any false case, complaint etc.
(Sec. 17)
If any person files or causes to be
filed any case or complaint against a person under this Act for the
purpose of causing injury to that
person, although he knows that he had not any proper or; legal
ground to do so, the person filing
or causing to be filed that case or complain shall be punished with -
a) rigorous imprisonment
for either description which may extend to seven years and also with fine.
Sec. 4 (iv) Who pay
money to whom:
The fine amount imposed
under this section, shall be realized from, the person convicted or his
existing property or if he is dead from the property left at the time of his
death, under the provision of the law in force, and shall be given to the
successors of the person died in consequences of the offence or in place, to
the person who is injured physically, mentally or to the successors of that
person if he dead.
Provision regarding the
child born in consequence of rape (Sec.13)
· Any
child born in consequence of a rape:
i.
The
child could be kept to its mother or maternal relatives.
ii.
The
child can use its father or mother or parent identity.
iii.
the
maintenance of that child shall be borne by the state;
iv.
this
expense shall be provided for up to the period, the child attains twenty-one
years if male and, marriage of the female child, if not disabled, and until the
date he/she obtains the capability to earn his/her living, if disabled.
The government can collect the maintenance by the person who commits rape,
if he has no property then after becoming the owner of property.
Prohibition on
publishing acquaintance of a woman or a child oppressed, in media (Sec.14)
i.
Any news, information or
name & address or any other information regarding any offence, under this Act,
committed or any legal proceeding thereof, of which a woman or a child is the
victim, shall be published or presented as such that the acquaintance of the
woman or the child shall be undisclosed.
ii.
In case, where the
provision under sub-section (i) is infringed, the person or persons liable for
such infringement, each shall be punished
with imprisonment for either description, which may extend to two years or with
fine not exceeding one lac taka or both.
Realization of fine from inheritable property
in future (Sec.15)
section 4to 14 of this
Act, as damages for the victim of the offence and in case, where the fine
cannot be realized from the convict or from his existing property, it can be
realized from the property of which he will be the owner or in possession in
future and the claim of such fine or damage shall prevail over any other claim
on that property.
Procedure
for realizing fine or damage (Sec. 16)
When any fine is imposed under this Act, the Tribunal
shall direct the Collector to deposit the fine amount in the Tribunal collected
by attaching the property and selling it on auction or sale on auction without
attachment, after making the list of the properties of the offender, movable or
immovable or both, under the procedure provided by the law or under the
procedure determined by the Tribunal in absence of the former and the Tribunal
shall take measure to give it to the victim.
Investigation
of an offence (Sec. 18)
a)
Any investigation of an offence under this Act
i)
shall be completed within the period 15 days from
the date of which offender is caught by police or caught by any other person
but surrendered to police officer.
ii)
If not caught red handed then from the date of any information regarding the
offence is received or the Magistrate passed the order for investigation; or
the Tribunal may order to complete the investigation within the extended period
not more than Sixty days.
b)
When the investigation is not completed within the period prescribed
under sub-section (i), and if the Tribunal is satisfied, after the expiration
of the prescribed period or at any time of the trial, on an application or for
the end of justice, that the investigation is to be completed or in place,
further investigation is needed, the Tribunal can direct to complete the
investigation or further investigation within the extended period not more than
thirty days.
c)
Any investigation of an offence under this Act shall not be completed within
the specified period the investigating officer within 24 hours will inform it
to the tribunal.
d)
If the investigating officer fails to complete investigation within the
extended period he or she shall complete investigation -----
i) within 7 days if
offender is caught by police with red handed or caught by any other person but
surrendered to police officer
ii) In other case within
30 days from receiving the order of investigation.
e)
If the investigation is not completed according to above the investigating
officer will inform it within 24 hours to his or her controlling authority or
tribunal.
f)
Who fails to complete the investigation within the period prescribed under this
section, taking his failure as incompetence, may order the authority under
which the investigating officer is, to give report in his ACR.
g.
If after the investigation Report is produced, the Tribunal is satisfied as
such, considering any information in the report, that any accused person should
be produced as a witness, the Tribunal can direct to regard the accused as a
witness.
h.
If, after the completion of a trial, it appears before the Tribunal that, the
officer investigating an offence under this Act, has submitted the report
without, collecting or considering any evidence which would be helpful in
proving the offence, for the purpose of keeping away any person from the
liability of the offence, or voluntary negligence in the investigation, or by
producing a person as witness who should be produced as the accused, or without
examining an important witness, the Tribunal can direct the authority under
which he is, to take proper legal action against the investigating officer,
regarding his act or negligence as incompetence or in place, misconduct.
i.
The Tribunal may, on an application or on the basis of any information, direct
the concerning authority to appoint another officer in place of the officer
investigating the offence.
Trial
procedure (Sec. 20)
i.
The Nari O Shishu Nirjaatan Daman Tribunal, established under section 26 of
this Act, shall try the Proceedings of any offence under this Act.
ii.
If the trial commenced in the Tribunal, it shall be held on each working day
until the completion of the trial.
iii.
The Tribunal shall complete the adjudication within the period of one hundred
and eighty days from the date the case was filed.
iv.
If the adjudication is not completed within the period under sub-section (iii),
the Tribunal can
release the accused on bail and shall notify the
causes if the accused is not released on bail.
v.
In case, the judge of the Tribunal is
transferred before the completion of the adjudication, the judge replacing the
former shall proceed from the stage of the adjudication on which the former was
transferred and he need not to examine the witness again whom the former
already examined; Provided that, if the judge thinks inevitable to examine any
witness once more for the ends of justice, he can call the witness and examine
him, although he was previously examined.
vi.
In case of adjudication of any
offence under section 9, the Tribunal, on an application, can examine, if
thinks fit, a woman raped or any witness in a closed door room.
vii.
When a child is accused of committing
an offence under this Act or is a witness of an offence, the provision of the
Children Act 1913 shall be followed as far as possible.
Tribunal can consult and
consider the opinions of children and women in keeping them in safe custody.
Trial
in absence of the accused (Sec. 21)
i.
If the Tribunal has reasonable ground to
believe that
a) The
accused is absconding or hiding himself to avoid arrest or consign himself from
trial; and
b) There
is no chance for arresting him immediately, the tribunal can direct the accused
to be present before the Tribunal within the period stated in the order, not
more than thirty days, which is published in at least two daily Bangla
newspaper, and if the accused fails to be present before the Tribunal within
the prescribed period, the Tribunal shall conclude the trial in absence of him.
ii.
If an accused abscond after, his
appearance before the tribunal or he is produced before the Tribunal or he is
released on bail, the provision of sub- section (i) shall not apply to him and
the Tribunal shall conclude the trial in absence of him notifying the reasons
of it.
Nari
o Shishu Nirjatan Daman Tribunal (Sec. 26)
a. There
shall be a Tribunal in each District Sadar to try offences under this Act and
the Government may, if it thinks necessary, establish more than one Tribunal in
that district; such tribunal shall be called as Nari o Shishu Nirjatan Daman
Tribunal.
b. The
Tribunal shall consist of one Judge and The Government shall appoint the Judge
among the District or Session Judges.
c. The
Government shall appoint the District or Session Judge as the Judge of the
Tribunal in addition to his duty.
d. Under
the section District Judge or Session Judge shall also include Additional
District Judge and the Additional Session Judge respectively.
Jurisdiction
of the Tribunal (Sec. 27)
1. No
Tribunal shall take cognizance of any offence without any report in writing, by
any police officer not below the rank of sub-inspector, or any person empowered
by the Government for this purpose.
1(a). Provided that, if
the Tribunal is satisfied that the complaint has requested to take complain of
an offence to the police officer or any person empowered, but failed, the Tribunal
may examine the complainant and direct:
a) The magistrate to
investigate the offence and the investigating officer will submit the report
within 7 days of the order.
b) if not satisfied then
will not take further action.
1. (b)lf the tribunal
satisfied that the complaint has requested to take complain of an offence to
the police officer or any person empowered, but failed, the case has evidence
enough, may take cognizance of the offence.
the complaint has not
requested to take complain of an offence to the police officer or any person
empowered, but not failed, the case has not evidence enough, may not take
cognizance of the offence.
1(c) Tribunal can take
cognizance of offence if there is no written support from authority or not
enough evidence against the accused, he should write the cause behind this
reason.
2. When
any offence or part there of, is committed in the jurisdiction of a Tribunal or
the place where the offender or where more than one offender, one of them is
found, is under the jurisdiction of that Tribunal, the report on the complaint
shall be taken for cognizance in that Tribunal and the Tribunal shall try the
offence.
3. If
any offence under this Act is related with another, as such that the offences
are needed to be tried together or in a single trial for the ends of justice,
the other offence shall be tried with the offence under this Act, together or
in the same Tribunal, following the provision of this Act.
Appeal
sec. 28: The party aggrieved by the order,
judgment or punishment imposed by the Tribunal, can appeal to the High Court
Division within the period of sixty days against such order, judgement or
punishment.
Sec.
32: Medical test of a woman or a child being raped:
i.
Medical test of a woman or a child being
raped shall be taken in public hospital or approved private hospital no sooner
had the rape is committed.
ii.
The medical officer (who complete the
test) will give a certificate to the victim and inform in the local police
station about such offence.
iii.
If the medical test is not taken immediately
under sub-section (i), or the medical officer is responsible for not completing
the test with reasonable time, the Tribunal can direct the appointing authority
of the doctor to take steps against him for negligence in duty. It will amount
an misconduct