Nari O Shishu Nirjatan Daman Ain 2000 in English

 


Aim of the Act:

  1. Making necessary provisions for the prevention of crime against women and children.
  2. 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

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