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) An Appeal from any order, judgment or sentence passed by a Special Tribunal may be preferred to the High Court Division within 30 (thirty) days from the date of passing thereof.
(2) Where a death sentence is passed under this Act by a Special Tribunal, the proceedings shall be submitted forthwith to the High Court Division and the sentence shall not be executed unless it is approved by that Division.
No person accused of an offence punishable under this Act shall be enlarged on bail by a Magistrate or a Judge, unless-
(a) the public prosecutor is given the opportunity of being heard in respect of bail order; and
(b) the Magistrate or Judge is satisfied that there are reasonable grounds to believe that the accused may not be found guilty of the offence at the trial and records in writing his reasons of the grounds for being so satisfied.
(1) Any terrorist person or entity or any other person, shall not enjoy or possess any property derived from terrorist activities or property given by any terrorist person or terrorist entity or any other terrorist property.
(2) Any terrorist property which remains in the possession of any terrorist person or entity or any other person, whether or not punished under this Act, shall be liable to be confiscated in favour of the State.
(3) The property of any person or entity involved in any offence under this Act, shall be subject to seizure by the Government upon request of any foreign State or organization and shall be liable to be disposed of under mutual legal assistance with the relevant country, or as the case may be, by the Government.
(4) The property of any person or entity shall be subject to seizure in pursuant to any international, regional or bilateral agreements ratified by the Government or any convention of United Nations or relevant resolutions adopted by the United Nations Security Council.
Where the Judge is satisfied that any property is seized or attached for deriving from terrorist activities or it constitutes from proceeds of terrorism, the Court may pass an order to confiscate the property.
(2) If any proceeds of terrorism or any property derived from terrorist activities is confiscated under sub-section (1), the Government may take legal steps in accordance with sections (18) and (20) of this Act against the entity from which the said property shall be confiscated.
(3) Property seized in accordance with sub-section (4) of section 34 of this Act shall be liable to be confiscated and disposed of by the concerned court in light of the concerned agreements, conventions or the resolutions adopted by the United Nations Security Council.
(4) If any person or entity other than the convicted person or entity has title, interest or right to the confiscated property, the property may be returned by the concerned court.
(1) Before passing an order of confiscation of assets obtained from terrorist activities, a show cause notice shall, in accordance with the provisions of the Code of Criminal Procedure be served to the person who possesses or controls the said property and no order for confiscation of assets obtained from terrorist activities shall be passed without allowing the person to reply to the notice within the stipulated time of the notice, or without giving the person a reasonable opportunity of being heard.
(2) No order of confiscation under sub-section (1) may be passed, if the person is able to prove that he was unaware of the fact that the said assets was obtained from terrorist activities and he purchased the same with an appropriate price.
(1) Any person aggrieved by an order of confiscation passed under section 35, may prefer an appeal to the High Court Division within a month from the date of the receipt of such order.
(2) Where an order under section 35 is modified or annulled by the High Court Division or wherein a prosecution instituted for the contravention of the provisions of this Act, the person against whom an order of confiscation has been made under section 35 is acquitted, such property shall be returned to him, and if it is not possible for any reason to return the confiscated property, such person shall be paid a reasonable price thereof with reasonable interest accruing from the day of attachment or seizer of the property considering the property having been sold to the Government.