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
(1) If any person, knowing that another person committed an offence under this Act or having reasonable grounds for believing the person to be an offender, provides shelter to or keeps in hiding that person with intent to protect him from the punishment, he, –
(a) if the punishment of such offence is death, shall be punished with an imprisonment for a term not exceeding 5 (five) years and in addition to that a fine may be imposed; or
(b) if the punishment of that offence is imprisonment for life or imprisonment for any other term, shall be punished for imprisonment for a term not exceeding 3 (three) years and in addition to that a fine may be imposed.
(2) The provisions of this section shall not apply to the case where the offence of providing shelter or keeping in hiding mentioned in sub-section (1) is committed by husband, wife, son, daughter, father or mother.
(3) The provisions of sub-section (1) shall apply to the case where the offence of providing shelter is committed by any entity represented by its Chairman, Managing Director, Chief Executive or any other name, 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 such offence.
(1) Bangladesh Bank may take necessary steps to prevent and identify any transaction carried out by any reporting agency with intent to commit an offence under this Act and for this purpose it shall have the following powers and authority, namely:-
(a) to call for a report relating to any suspicious transaction from any reporting agency, analyze or review the same and to collect additional information relating thereto for the purpose of analyzing or reviewing the same and maintain record or database of them and, as the case may be, provide with the said information or report to the police or other respective law enforcement agencies for taking necessary actions;
(b) if there are reasonable grounds to suspect that a transaction is connected to terrorist activities, to issue a written order to the respective reporting agency to suspend or freeze transactions of that relevant account for a period not exceeding 30 (thirty) days and, if it appears necessary to reveal correct information relating to transactions of the said account, such suspension or freezing order may be extended for an additional term not exceeding 6 (six) months by 30 (thirty) days at a time;
(c) to monitor and supervise the activities of reporting agency;
(d) to give directions to the reporting agencies to take preventive steps to prevent financing of terrorist activities and proliferation of weapons of mass destructions (WMD);
(e) to monitor the compliance of reporting agencies and to carry out on-site inspection of the reporting agencies for fulfilling any purpose of this Act; and
(f) to provide training to officers and employees of the reporting agencies for the purpose of identification of suspicious transactions and prevention of financing of terrorist activities.
(2) Bangladesh Bank, on identification of a reporting agency or its customer as being involved in a suspicious transaction connected to financing of terrorist activities, shall inform the same to the police or appropriate law enforcement agency and provide all necessary cooperation to facilitate their inquiries and investigations into the matter.
(3) If the offence is committed in another country or trial of an offence is pending in another country, Bangladesh Bank shall take steps to seize the accounts of any person or entity upon request of the foreign state or pursuant to any international, regional or bilateral agreement, United Nations conventions ratified by the Government of Bangladesh or respective resolutions of the United Nations Security Council.
(4) The fund seized under sub-section (3) shall be subject to disposal by the concerned court or in pursuant to the concerned agreements, conventions or resolutions adopted by the United Nations Security Council.
(5) The power and responsibilities of Bangladesh Bank under the provision of this Act shall be exercised by Bangladesh Financial Intelligence Unit (BFIU) and all the governmental, semi-governmental, autonomous bodies or any other relevant institutions or organizations shall provide information requested under this Act or, as the case may be, spontaneously provide information to the Bangladesh Financial Intelligence Unit.
(6) Bangladesh Financial Intelligence Unit shall, on request or, as the cases may be, spontaneously provide information relating to terrorist activities or financing of terrorist activities to financial intelligence units of other countries or any other similar foreign counterparts.
(7) For the purpose of investigation relating to financing of terrorist activities, the law enforcement agencies shall have the right to access any document or file of any bank under the following conditions:
(a) with an order from a competent court or special tribunal; or
(b) with the approval of the Bangladesh Bank.
(8) If any reporting agency fails to comply with the directions issued by Bangladesh Bank under this section or knowingly provides any wrong or false information or statement, the said reporting agency shall be liable to pay a fine determined and directed by Bangladesh Bank not exceeding taka 25 (twenty five) lac and Bangladesh Bank may suspend the registration or license with intent to stop operation of the said agency or any of its branches, service centers, booths or agents within Bangladesh or, as the case may be, shall inform the registering or licensing authority about the subject matter to take appropriate action against the agency.
(9) If any reporting agency fails to pay or does not pay any fine imposed by Bangladesh Bank according to sub-section (8) of this Act, Bangladesh Bank may recover the amount from the reporting agency by debiting its accounts maintained in any bank or financial institution or Bangladesh Bank and in case of any unrealized or unpaid amount, Bangladesh Bank may, if necessary, apply before the concerned court for recovery.
(1) Every reporting agency shall take necessary measures, with appropriate caution and responsibility, to prevent and identify financial transactions through them which is connected to any offence under this Act and if any suspicious transaction is identified, the agency shall spontaneously report it to the Bangladesh Bank without any delay.
(2) The Board of Directors, or in the absence of the Board of Directors, the Chief Executive Officer, by whatever name called, of each reporting organization shall approve and issue directions regarding the duties of its officers, and shall ascertain whether the directions issued by Bangladesh Bank under section 15, which are applicable to the reporting agency, have been complied with or not.
(3) If any reporting agency fails to comply with the provision under sub-section (1) the said reporting agency shall be liable to pay a fine determined and directed by Bangladesh Bank not exceeding taka 25 (twenty five) lac and Bangladesh Bank may suspend the registration or license with intent to stop operation of the said agency or any of its branches, service centers, booths or agents within Bangladesh or, as the case may be, shall inform the registering or licensing authority about the subject matter to take appropriate action against the agency.
(4) If the Board of Directors, or in the absence of the Board of Directors, the Chief Executive Officer, by whatever name called, of any reporting organization fails to comply with the provision under sub-section (2) the chairman of the Board of Directors, or the Chief Executive Officer, as the case may be, shall be liable to pay a fine determined and directed by Bangladesh Bank not exceeding taka 25 (twenty five) lac and Bangladesh Bank may remove the said person from his position, as the case may be, shall inform the competent authority about the subject matter to take appropriate action against the person.
(5) If any reporting agency fails to pay or does not pay any fine imposed by Bangladesh Bank according to subsection
(3) or if the chairman of the Board of Directors, or the Chief Executive Officer, whatever they may be called, fails to pay or does not pay any fine imposed by Bangladesh Bank according to sub-section (4), Bangladesh Bank may recover the amount from the reporting agency or from the account of the respective person by debiting any account maintained in any bank or financial institution or Bangladesh Bank and in case of any unrealized or unpaid amount, Bangladesh Bank may, if necessary, apply before the concerned court for recovery.
For the purposes of this Act, person or entity shall be deemed to have been involved in terrorist activities, if he or it –
(a) commits terrorist activities or takes part in such activities;
(b) takes preparation for terrorist activities;
(c) assists in or encourages committing terrorist activities;
(d) supports and abets any organization involved in terrorist activities;
(e) meets the following listing criteria for enlistment and proscription set out in the UNSCR 1373, which are-
(i) any person or entity who commits or attempts to commit terrorist acts, or who participates in or facilitates the commission of terrorist acts;
(ii) any entity owned or controlled, directly or indirectly, by any enlisted or proscribed person or entity;
(iii) any person or entity acting on behalf of, or at the direction of, any enlisted or proscribed person or entity;
(f) provide shelter to any terrorist person; or
(g) is involved in terrorist activities in any other ways.
(1) For the purposes of this Act, the Government, on reasonable grounds that a person or an 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.
(2) The Government may, by order, include in or exclude any person or entity from the Schedule or amend the Schedule in any other manner.
(1) Any person or entity aggrieved by an order issued by the Government under section 18 may make a written application, mentioning reasons, to the Government for review within 30 (thirty) days of the date of issuance of such order, and the Government, after hearing the applicant shall, , dispose of the application within 90 (ninety) days of receipt.
(2) If the application for review under sub-section (1) is rejected, the aggrieved person or entity may, within 30 (thirty) days of such refusal, prefer an appeal before the High Court Division.
(1) If any person is enlisted or any entity is proscribed, the Government, in addition to the other steps mentioned in this Act, shall, where applicable,–
(a) close the offices of the organization, if any;
(b) freeze bank and other accounts, if any, and seize all of properties;
(c) restrict the departure of the members of the proscribed entity from the country;
(d) confiscate all types of pamphlets, posters, banners or other printed, electronic, digital or other material; and
(e) proscribe the publication, printing or circulation of press statements, press conferences or speeches delivered in public by the proscribed organization, or in favour or support of it.
(2) The proscribed organization shall submit the accounts of its income and expenditure and shall disclose the sources of all its income to the competent authority nominated by the Government in its behalf.
(3) If it appears that the property of the listed person or proscribed entity have been earned by illegal means or used in committing offence under this Act, the said property shall be confiscated in favour of the State by the court.
At the time of recording a confessional statement of an accused person by any Metropolitan Magistrate, Chief Judicial Magistrate or Judicial Magistrate or any Magistrate specially empowered in this regard, if the person is capable and willing to present a written statement regarding the facts, then the person shall be given permission to record his confessional statement by writing with his hand.
(1) Where any person is arrested and detained for purposes of investigation, the investigation officer may make an application to the competent Magistrate for remand of the accused in police custody.
(2) On consideration of the application made under sub-section (1), the Magistrate may remand the accused in police custody and the duration of such remand shall not exceed an aggregate or consecutive period of 10 (ten) days:
Provided that if the investigation officer is able to satisfactorily prove before the Magistrate that additional evidence may be gathered if the accused is remanded for an extended period, the Magistrate may extend the period of further remand for a term not exceeding 5 (five) days.
(1) The Government may, by notification in the official Gazette, constitute one or more Anti-terrorism Special Tribunals for speedy and effective trial of the offences committed under this Act.
(2) A Special Tribunal constituted under sub-section (1) shall consist of a Sessions Judge or an Additional Sessions Judge appointed by the Government in consultation with the Supreme Court; and a Judge so appointed shall be designated as the “Judge, Anti-terrorism Special Tribunal”.
(3) A Special Tribunal constituted under this section may be assigned to the local jurisdiction over the whole of Bangladesh, or of one or more Sessions Divisions; and the said Tribunal shall only try the cases of offences under this Act, which are filed or transferred to the Tribunal.
(4) On account of assigning to a Special Tribunal the jurisdiction for the whole of Bangladesh, or any part thereof consisting of one or more Sessions Divisions by the Government, a Sessions Judge or an Additional Sessions Judge of that territorial jurisdiction shall not cease to have jurisdiction in respect of trial of offences under this Act, and the cases of offences pending before the Court of Sessions under this Act, shall not be transferred to any Special Tribunal having territorial jurisdiction, unless the Government, by notification in the official Gazette, so directs.
(5) There shall not be any bar for a Special Tribunal, unless it otherwise decides to recall or rehear any witness whose evidence has already been recorded or to reopen the proceedings already held under sub-section (4), but may act on the evidence already recorded or produced and continue the trial from the stage the case has reached.
(6) A Special Tribunal may sit and conduct its proceedings at such times and places as the Government may, by order, specify.