Last Change:
08/18/2025
The Anti Terrorism Act
Year: 2009
Type: Domestic law
Rights Category: Liberty & security of person
Description
The whole Act is applicable to anyone residing in Bangladesh and “offenses happening in the territory of Bangladesh. As per section 2(11), non-citizens/ foreigners can be tried under this act if they are accused of perpetrating offenses under this act. The law has extra-territorial jurisdiction. Section 38 (5) is important to highlight since it holds the basic principles of protection- "Bangladesh, being a requested country, may refuse to comply with a request for extradition or mutual legal assistance in a particular case, if the Government has substantial grounds to believe that the request for extradition of any offender for the purpose of prosecuting or punishing that person only on account of race, religion, nationality or political opinion." The offenses under this Act are cognizable and non-bailable (section 39). However, section 32 provides provisions for bail under certain circumstances. Section 40 (2) states that in order to take cognizance under this Act, the Court would require prior sanction from the Government. Section 18 states that the Government on reasonable grounds that a person or entity is involved in terrorist activities may, by order, enlist the person in the schedule or proscribe the entity and enlist it in the schedule. By virtue of section 18, the Government has proscribed (in its schedule) 5 entities.
Selected provisions
In this Act, unless there is anything repugnant in the subject or context,-
(1) "offence" means an offence punishable under this Act;
(2) "arms" means weapons referred to in section 4 of the Arms Act, 1878(Act No. XI of 1878) and includes any kind of atomic, chemical and biological weapons;
(3A) "Convention" means the United Nations Conventions, Treaties and Protocols duly ratified by the Government of Bangladesh, incorporated in Schedule 1 of this Act, and such United Nations Conventions, Treaties and Protocols as may be incorporated in Schedule 1 by the Government of Bangladesh from time to time by notification in the Official Gazette;
(4) "imprisonment" means imprisonment of any description referred to in section 53 of the Penal Code;
(8) "Combustible substance" means any substance which has a naturally high tendency to catch fire or intensify or spread fire, such as octane, petrol, diesel, converted natural gas (CNG), gunpowder, and any other combustible substance;
(13)"Explosive substance" means- (a) gunpowder, nitro-glycerin, dynamite, gun-cotton, blasting powder, fulminate mercury or any other metal, colored fire and any other substance used or produced for the effect of explosion, or any other substance used or produced for the purpose of producing the effect of fireworks, whether or not similar to the above substances; And
(b) any substance for making explosives and any instrument, tool, apparatus or thing used for the purpose of creating, or converting, or assisting in the manufacture of, or in conjunction with, any explosive substance, including any such device, apparatus or object and any part of such apparatus, apparatus and ammunition, including fuses, rockets, percussion caps, detonators, cartridges and ammunition of any kind;
(14) " “property” means, whether in or outside the country, -
(i) any type of funds or assets, corporeal or incorporeal, moveable or immoveable, tangible or intangible, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets or funds and any interest, dividends or other income on or value accruing from or generated by such funds or assets.
(ii) cash, any other type of financial assets, economic resources, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such funds or other assets, including, but not limited to, bank credits, travelers cheques, bank cheques, money orders, shares, securities, bonds, drafts, or letters of credit, and any interest, dividends or other income on or value accruing from or generated by such funds or other assets; (14A) “terrorist person” means any natural person who commits an offence under section 6(1), 10, 11, 12 or 13;
(14B) “terrorist entity” means any entity that commits an offence under section 6(1), 10, 11, 12 or 13;
(14C) “terrorist property” means property that –
(i) has been or is being used, or is intended for use, in the commission of a terrorist activity under this Law, or a corresponding offence under a law of a foreign State;
(ii) is the subject of such a terrorist activity;
(iii) is proceeds of terrorism i.e the property is derived from or obtained, directly or indirectly, through the commission of such a terrorist activity;
(iv) has been collected, by any means, directly or indirectly, with the intension that the property should be used for the purpose of a terrorist activity or for supporting a terrorist or a terrorist entity, group or organization;
(v) is owned or controlled directly or indirectly by a terrorist, terrorist entity, group or organization and property of persons and entities acting on behalf of, or at the direction of a terrorist, terrorist entity, group or organization, including funds derived or generated from property owned or controlled directly or indirectly by such persons and associated persons and entities, groups or organizations.
(16) “suspicious transaction” means such transaction –
(i) which is different from usual transactions;
(ii) which invokes presumption that -
(a) it is the proceeds of an offence under this Act,
(b) it relates to finances of terrorist activities, a terrorist person or entity;
(iii) which is any other transactions or an attempt for transactions delineated in the instructions issued by the Bangladesh Bank from time to time for the purposes of this Act;
(20) “reporting agency” means –
(a) bank;
(b) financial institution;
(c) insurer;
(d) money changer;
(e) any company or institution which remits or transfers money or money value;
(f) any other institution carrying out its business with the approval of the Bangladesh Bank;
(g) (i) stock dealer and stock broker;
(ii) portfolio manager and merchant banker;
(iii) security custodian;
(iv) asset manager;
(h) (i) non-profit organization;
(ii) non government organization;
(iii) cooperative society;
(i) real estate developer;
(j) dealer in precious metals or stones;
(k) trust and company service provider;
(l) lawyer, notary, other legal professionals and accountants;
(m) any other institution declared as such by the Bangladesh Bank from time to time with the approval of the Government;
(24) “non government organization” means the institution authorized or registered under the Societies Registration Act, 1860 (Act No. XXI of 1860), Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961 (Ordinance No. XLVI of 1961), Foreign Donations (Voluntary Activities) Regulation Ordinance, 1978 (Ordinance No. XLVI of 1978), Foreign Contributions (Regulation) Ordinance, 1982 (Ordinance No. XXXI of 1982) and the Microcredit Regulatory Authority Act, 2006 (Act No. XXXII of 2006) which-
(a) receives fund (loan, grant, deposit) from local sources or provide fund to others; and/or
(b) receives any kind of foreign donation or loan or grant;
(1) If any person or entity commits an offence within Bangladesh from outside of Bangladesh which, if committed inside of Bangladesh by the same person or entity, would have been punishable under this Act, the said offence shall be deemed to have been committed in Bangladesh and the provisions of this Act shall apply to the said person or entity and the offence.
(2) If any person or entity from Bangladesh commits an offence outside of Bangladesh, which if committed within Bangladesh by the said person or entity would have been punishable under this Act, the offence shall be deemed to have been committed in Bangladesh and the provisions of this Act shall apply to the said person or entity and the offence.
(3) If any person commits an offence in any foreign country and then take shelter in Bangladesh which, if committed in Bangladesh would have been punishable under this Act, the said offence shall be deemed to have been committed in Bangladesh and the provisions of this Act shall apply to the said person if he cannot be extradited to a foreign state having jurisdiction over the said offence.
(1) If any person, entity or foreigner-
(a) for the purposes of threatening the unity, integration, public security or sovereignty of Bangladesh by creating panic among the public or a section of the public with a view to compelling the Government or any entity or any person to do any act or preventing them from doing any act–
(i) kills, causes grievous hurt, confines or kidnaps any person or attempts to do the same, or damages or attempts to damage any property of any person, entity or the State;
(ii) abets or instigates any person to murder, injure seriously, confine or kidnap any person, or abets or instigates to damage any property of any person or entity or the State; or
(iii) damages or tries to damage the property of any other person, entity or the state; or
(iv) conspires or abets or instigates to damage the property of any other person, entity or the state; or
(v) uses or keeps in possession any explosive substance, inflammable substance and arms for the purposes of subclauses (i), (ii), (iii) and (iv);
(b) with an intent to disrupt security of or to cause damage to the property of any foreign State, commits or attempts to commit or instigates or conspires or abets an offence mentioned under section 6(1) (a) sub-section (i), (ii), (iii), (iv) or (v);
(c) for creating panic among the public or a section of the public with a view to compelling any international organization to do any act or preventing them from doing any act, commit or attempts to commit or instigates or conspires or abets to commit an offence mentioned under section 6(1) (a) sub-section (i), (ii) & (iii);
(d) knowingly uses or possesses any terrorist property;
(e) abets, instigates, conspires to do or commits or attempts to commit an offence described in the UN conventions included in the Schedule-1 of this Act;
(f) commits any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act; then the person, entity or foreigner shall commit the offence of “terrorist activities”;
(2) Under section 6(1)(a), if any person or foreigner-
(a) commits offence under subsection (i), the person shall be punished with death or imprisonment for life and in addition to that a fine may also be imposed;
(b) commits offence under subsection (ii), the person shall be punished with imprisonment for life or a rigorous imprisonment not exceeding 14 (fourteen) years but not less than 4(four) years, and in addition to that a fine may also be imposed;
(c) commits offence under subsection (iii), the person shall be punished with imprisonment for life or a rigorous imprisonment not exceeding 14 (fourteen) years but not less than 4(four) years, and in addition to that a fine may also be imposed;
(d) commits offence under subsection (iv), the person shall be punished with a rigorous imprisonment not exceeding 14 (fourteen) years but not less than 4(four) years, and in addition to that a fine may also be imposed;
(e) commits offence under subsection (v), the person shall be punished with imprisonment for life or a rigorous imprisonment not exceeding 14 (fourteen) years but not less than 4(four) years, and in addition to that a fine may also be imposed;
(3) If any person or foreigner commits terrorist activities under section (b), (c), (d), (e) or (f) of subsection 6(1), the person shall be punished with imprisonment for life or a rigorous imprisonment not exceeding 14 (fourteen) years but not less than 4(four) years, and in addition to that a fine may also be imposed;
(4) If any entity commits the offence of terrorist activities, then-
(a) steps shall be taken against the entity in accordance with section 18 of this Act and in addition to that a fine of taka 50 (fifty) lac or thrice the value of the property involved with the offence, whichever is greater; and
(b) the head of that entity whether he is designated as Chairman, Managing Director, Chief Executive or by whatever name called, shall be punished with an imprisonment not exceeding 20 (twenty) years but not less than 4 (four) years and in addition to that a fine of taka 20 (twenty) lac or twice the value of the property involved with the offence, whichever is greater, unless he is able to prove that the said offence was committed without his knowledge or he had tried utmost to prevent the commission of the said offence;
(1) If any person or entity willfully provides, receives, collects or makes arrangements for money, service or any other property, whether from legitimate or illegitimate source, by any means, directly or indirectly, with the intention that, in full or in part
(a) it will be used to carry out terrorist activity;
(b) it will be used for any purposes by terrorist person or entity or in the knowledge that they are to be used by terrorist person or entity; the said person or entity shall commit the offence of terrorist financing.
(2) Conviction for terrorist financing shall not depend on any requirement that the fund, services or any other property mentioned in subsection (1) were actually used to carry out or direct or attempt to carry out a terrorist act or be linked to a specific terrorist act.
(3) If any person is found guilty of any of the offences mentioned in sub-sections (1), the person shall be punished with an imprisonment for a term not exceeding 20 (twenty) years but not less than 4 (four) years, and in addition to that, a fine may be imposed equal to twice the value of the property involved with the offence or taka 10(ten) lac, whichever is greater.
(4) If any entity is found guilty of any of the offences mentioned in the sub-sections (1)-
(a) steps may be taken in accordance with section 18 and in addition to that a fine may be imposed equal to thrice the value of the property involved with the offence or taka 50 (fifty) lacs, whichever is greater; and
(b) The head of such entity, whether he is designated as Chairman, Managing Director, Chief Executive or any other name, shall be punished with an imprisonment for a term not exceeding 20 (twenty) years but not less than four years and in addition to that a fine may be imposed equal to twice of the value of the property involved with the offence or taka 20 (twenty) lac, whichever is greater, unless he is able to prove that the said offence was committed without his knowledge or he had tried utmost to prevent the commission of the said offence.
If any person is or claims to be a member of a prohibited entity under section 18, he shall commit an offence and be punished with an imprisonment for a term not exceeding 6 (six) months, or a fine, or with both.
(1) If any person requests or invites someone to support any entity proscribed under section 18 or arranges, directs or assists to organize a meeting, or makes a speech in a meeting with intent to support that entity, expedite or encourage its activities, he shall commit an offence.
(2) If any person makes a speech in a meeting or disseminates any information through radio or television or any print or electronic media asking for supporting a proscribed organization or with intent to facilitating its activities, he shall commit an offence.
(3) If any person is found guilty of any of the offences under sub-sections (1) or (2), he shall be punished with an imprisonment for a term not exceeding 7 (seven) years but not less than 2 (two) years, and in addition to that a fine may be imposed.
If any person does criminal conspiracy for committing an offence under this Act, he shall commit an offence and shall be punished with an imprisonment for a term not exceeding two thirds of the maximum punishment prescribed for that offence, or a fine, or with both; and if the prescribed punishment for that offence is death, the punishment for the offence shall be imprisonment for life or imprisonment for a term not exceeding 14 (fourteen) years, but not less than 4 (four) years.
(1) If any person or entity attempts to commit an offence under this Act the person or entity shall commits an offence and the person or the head of the entity, whether he is designated as Chairman, Managing Director, Chief Executive or any other name, shall be punished with an imprisonment for a term not exceeding two thirds of the maximum punishment prescribed for that offence, or a fine, or with both; and if the prescribed punishment for that offence is death, the punishment for the offence shall be imprisonment for life or imprisonment for a term not exceeding 14 (fourteen) years, but not less than 4 (four) years; and in addition to that actions may be taken under section 18.
If any person or entity, to commit any offence punishable under this Act,-
(i) aids or abets; or
(ii) participates as an accomplice; or
(iii) organizes or directs others; or
(iv) contributes;
the person or entity shall commit an offence and the person or the head of the entity, whether he is designated as Chairman, Managing Director, Chief Executive or any other name, shall be punished with an imprisonment for a term not exceeding two thirds of the maximum punishment prescribed for that offence, or a fine, or with both; and if the prescribed punishment for that offence is death, the punishment for the offence shall be imprisonment for life or imprisonment for a term not exceeding 14 (fourteen) years, but not less 4 (four) years; and in addition to that actions may be taken under section 18 against the relevant entity, group or organization.
If any person, by his activities or participation, prepares or distributes any document, or by transmitting any information through any print or electronic or any other media, or through any apparatus, assistance or technology or training, assists any person or entity knowing that the said document, apparatus, assistance or technology or training shall be used in committing any offence under this Act or any such person or entity shall use the same for committing similar offences, he shall be deemed to have instigated terrorist activities; and he shall be punished with an imprisonment for a term not exceeding two thirds of the maximum punishment prescribed for that offence, or a fine, or with both; and if the prescribed punishment for that offence is death, then the punishment for the offence shall be imprisonment for life or imprisonment for a term not exceeding 14 (fourteen) years, but not less than 4 (four) years.