Last Change:

05/09/2025

The Special Powers Act

Year: 1974

Type: Domestic law

Rights Category: Freedom of movement, Liberty & security of person

Description

The Special Powers Act 1974 provides special measures for the prevention of certain prejudicial activities, which includes- any act that constitutes prejudice the sovereignty or defence of Bangladesh, maintenance of friendly relations of Bangladesh with foreign states; the security of Bangladesh or to endanger public safety or the maintenance of public order, create or excite feelings of enmity or hatred between different communities, classes or sections of people,   interfere with or encourage or incite interference with the administration of law or the maintenance of law and order, maintenance of supplies and services essential to the community cause fear or alarm to the public or to any section of the public and the economic or financial interests of the State for more speedy trial and effective punishment of certain grave offences and for matters connected.

Selected provisions
Article 2 - Definition

(b) “dealing in the black-market” means selling or buying anything for purposes of trade at a price higher than the maximum price fixed by or under any law, or, otherwise than in accordance with any law,-

(i) selling, bartering, exchanging, supplying or disposing of articles rationed by or under any such law; or
(ii) using or dealing with any licence, permit or ration document issued by or under any such law;

(c) “detention order” means an order of detention made under section 3;

(e) “hoarding” means stocking or storing anything in excess of the maximum quantity of that thing allowed to be held in stock or storage at any one time by any person by or under any law;

(f) “prejudicial act” means any act which is intended or likely-
(i) to prejudice the sovereignty or defence of Bangladesh;
(ii) to prejudice the maintenance of friendly relations of Bangladesh with foreign states;
(iii) to prejudice the security of Bangladesh or to endanger public safety or the maintenance of public order;
(iv) to create or excite feelings of enmity or hatred between different communities, classes or sections of people;
(v) to interfere with or encourage or incite interference with the administration of law or the maintenance of law and order;
(vi) to prejudice the maintenance of supplies and services essential to the community;
(vii) to cause fear or alarm to the public or to any section of the public;

Article 3 - Power to make orders detaining or removing certain persons

(1) The Government may, if satisfied with respect to any person that with a view to preventing him from doing any prejudicial act it is necessary so to do, make an order-
(a) directing that such person be detained;
(b) directing him to remove himself from Bangladesh in such manner, before such time and by such route as may be specified in the order:

Provided that no order of removal shall be made in respect of any citizen of Bangladesh.

(2) Any District Magistrate or Additional District Magistrate may, if satisfied with respect to any person that with a view to preventing him from doing any prejudicial act within the meaning of section 2(f) (iii), (iv), (v), (vi), (vii) or (viii) it is necessary so to do, make an order directing that such person be detained.
(3) When any order is made under sub-section (2), the District Magistrate or the Additional District Magistrate making the order shall forthwith report the fact to the Government together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing on the matter, and no such order shall remain in force for more than thirty days after the making thereof unless in the meantime it has been approved by the Government.
(4) If any person fails to remove himself from Bangladesh in accordance with the direction of an order made under sub-section (1) (b), then, without prejudice to the provisions of sub-section (5), he may be so removed by any police officer or by any person authorised by the Government in this behalf.
(5) If any person contravenes any order made under sub-section (1) (b), he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

Article 15 - Sabotage

(1) No person shall do any act with intent to impair the efficiency or impede the working of, or to cause damage to,-

(a) any building, vehicle, machinery, apparatus or other property used, or intended to be used, for the purposes of the Government or of any local authority or nationalised commercial or industrial undertaking;

(b) any railway, aerial ropeway, road, canal, bridge, culvert, causeway, port, dockyard, light-house, aerodrome, telegraph or telephone line or post, or television or wireless installation;

(c) any rolling-stock of any railway or any vessel or aircraft;

(d) any building or other property used in connection with the production, distribution or supply of any essential commodity, any sewage works, mine or factory;

(e) any place or area prohibited or protected under this Act or any other law for the time being in force

(f) any jute, jute product, jute godown, jute mill or jute bailing press.

(2) The provisions of sub-section (1) shall apply in relation to any omission on the part of any person to do anything which he is under a duty, either to Government or to any public authority or to any person, to do, as they apply to the doing of any act by a person.

(3) If any person contravenes any of the provisions of this section, he shall be punishable with death, or with imprisonment for life, or with rigorous imprisonment for a term which may extend to fourteen years, and shall also be liable to fine.

Article 20 - Prohibition of formation of certain associations or unions

(1) No person shall form, or be a member or otherwise take part in the activities of, any communal or other association or union which in the name or on the basis of any religion has for its object, or pursues, a political purpose.

(2) Where the Government is satisfied that an association or union has been formed or is operating in contravention of the provisions of sub-section (1), it may, after hearing the person or persons concerned, declare, by notification in the official Gazette, that the association or union has been formed or is operating in contravention of the provisions of sub-section (1), and upon such declaration, the association or union concerned shall stand dissolved and all its properties and funds shall be forfeited to Government.

(3) Any person who, after the dissolution of an association or union under sub-section (2), holds himself out as a member or office-bearer of that association or union, or acts for, or otherwise takes part in the activities of, that association or union, shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both

Article 21 - Protected Places

(1) If as respects any place or class of places the Government considers it necessary in the public interest that special precautions should be taken to prevent the entry of unauthorised persons, it may, by order, declare that place or, as the case may be, every place of that class to be a protected place; and thereupon, for so long as the order remains in force, such place or every place of such class, as the case may be, shall be a protected place for the purposes of this Act.

(2) No person shall, without the permission of the Government, enter, or be on or in, or pass over, any protected place.

(3) Where in pursuance of sub-section (2) any person is granted permission to enter, or to be on or in, or to pass over, a protected place, the person shall, while acting under such permission, comply with such orders for regulating his conduct as may be given by the Government.

Article 22 - Protected Areas

(1) If the Government considers it necessary in the public interest to regulate the entry of persons into any area, it may, without prejudice to any other provision of this Act, by order declare the area to be a protected area; and thereupon, for so long as the order is in force, such area shall be a protected area for the purposes of this Act.

(2) On and after such day as may be specified in, and subject to any exemptions for which provisions may be made by, an order made under sub-section (1), no person, who was not at the beginning of the said day resident in the area declared to be a protected area by the said order, shall be therein except in accordance with the terms of a permit granted to him by an authority or person specified in the said order.