Last Change:

12/29/2024

The Torture and Custodial Death (Prohibition) Act

Year: 2013

Type: Domestic law

Rights Category: Liberty & security of person

Description

The law stipulates that the law enforcement agencies- police, Rapid Action Battalion (RAB), Border Guard Bangladesh (BGB), Customs, Immigration, Criminal Investigation Department (CID), intelligence agencies, Ansar & VDP, Coast Guard and other public servants cannot extract confessional statement through torture. The law says any custodian torturing a detainee would be liable of committing offences defined under the law. Again, any person attempting to commit, aiding and abetting to commit, or conspiring to commit an offence must be considered an offender. According to the new law, for any death in custody, the custodian would be awarded with rigorous life imprisonment or a fine of Tk 100,000. In addition, they must compensate family members of the affected with Tk 200,000.

Selected provisions
Section 2: Definitions

In this Act, unless the context otherwise requires –
(vi) "Torture" means any act or omission which causes pain, whether physical or mental, to any person, in addition to ---
(a) For the purposes of- obtaining information or a confession from that person or some other person; or
(b) Punishing any person for any act or omission for which that person or some other person is responsible or is suspected of being responsible; or
(c) Intimidating or coercing any person or some other person; or
(d) On the basis of discrimination, provocation or consent or authority of any public officer or any governmental capacity
Any such act shall also be considered as "Torture";
(vii) "Custodial death" means the death of a person in the custody of a public officer; Moreover, any death of any person during an illegal detention, at the time of arrest by any law-enforcing agent, shall also imply as "custodial death"; any death occurring whilst a person is being arrested or taken into detention; being questioned, irrespective of the fact that whether the person is a witness in a case or not.
(viii) "Victim" or "Aggrieved person" means any person who alleges that an offense under this Act has been committed upon her/him or upon a person she or he is concerned about.

Section 4: Complaints of an offense under this Act in court

(i) In addition to the existing provisions in the Code of Criminal Procedure, 1898 (Act No. V of 1898), if a person brought before a Court having jurisdiction in this Act complains that she/he has been subjected to torture, the Court shall:
(a) Record the statement of the person immediately;
(b) Direct the person/body of the person, to be examined by a registered medical doctor immediately;
(c) If the complainant is a female, the examination shall be made by a female registered medical doctor
(ii) The registered medical doctor examining the person shall prepare a report within 24 hours on injuries, wounds or marks of violence upon the person, mentioning the approximate time when such injuries or marks might have been inflicted
(iii) Where an examination is made under Subsection (ii), a copy of the report of the examination shall be furnished by the medical doctor to the person examined or to the person nominated by the person examined and also to the court
(iv) If the medical doctor is of the opinion that the person examined requires medical treatment, the Court shall direct the person to be admitted in a hospital.

Section 5: Court may direct registration of cases

(i) After recording of the statement as mentioned in Section 4 (i) (a), the Court shall immediately forward a copy of the statement, to the Superintendent of Police or in cases where necessary, to a superior police officer, under his jurisdiction with a direction to register a case
(ii) The Superintendent of Police, or the police officer, who receives such an order, immediately after such order is received, shall investigate the matter, and file a report to the Court with or without a charge
Provided that, if the aggrieved person thinks that proper investigation is not possible by the police, in such context, if that person appeals to the Court and if the Court is satisfied that the appeal of the aggrieved person is appropriate, in that context, the Court shall order a judicial investigation
(iii) The investigation officer, where appropriate, the judicial investigation officer, while filing the report shall inform, to the person whose statement was recorded under Section 4 (i) including the date, about the filing of the report with the Court
(iv) A person, receiving a notice under Subsection (iii) above, may file objections, personally or through a lawyer, to the report to the court within 30 days from the date of receipt of the notice
(v) The Court shall direct a police officer not below the rank of the alleged perpetrator to investigate the case of the particular crime.

Section 6: Accusations by third parties

(i) Whenever an allegation made by a third person is brought before a Court suggesting that a person is being or has been subjected to torture by another person, the Court shall, according to the procedures laid down in Section 5, record its own observations about the person making the allegation and shall take appropriate measures to ensure the safety of the person making the allegation
(ii) If the Court is satisfied on the statement of the complainant that it is necessary to inspect the scene of crime, it shall inspect the concerned scene.

Section 7: Other modes of complaints

(i) In addition to the procedures mentioned under Sections 5 and 6, any person who wishes to file a complaint of torture, despite not being an aggrieved person, either concerning him/herself or concerning a third person, may do so to a Court of Sessions Judge or to a police officer not below the rank of the Superintendent of Police
(ii) Upon receipt of such a complaint as mentioned above in Subsection (i), the Superintendent of Police, or any officer superior to his rank, shall immediately register a case, record the statement of the complainant, serve a copy of the complaint to the complainant specifying the case number and what action can be taken upon the complaint
(iii) A Superintendent of Police or any officer superior to his rank receiving and taking action upon a complaint, as provided above in Subsection (ii), shall furnish a report to the Court of Sessions Judge within 24 hours from the time of receipt of such complaint.

Section 11: Protection

(i) A complainant can file petition to the Court of Sessions Judge against any accused under this Act for protection
(ii) The state and the person against whom such a protection is sought for shall be made parties to such petition
(iii) The Court, receiving the petition, and after giving seven days notice to the respondents, shall pass an order on the petition within fourteen days
(iv) The Court while disposing off such a petition as mentioned in Subsection (i) above, shall make such orders as deemed necessary, including but not limited to, the detention of the person for periods of, at least, seven days, which may be extended as required from time to time
(v) The Court may also direct the officer investigating the offense punishable under this Act to take such measures as directed by the Court to ensure the compliance of the Court's order
(vi) The Court may also make appropriate orders as required to safeguard the persons who petitions to the Court seeking protection, to be relocated, provided security, or pass other prohibitory orders against the respondent like limiting the respondent's entry into a particular territory.

Section 12: War or other contingencies unacceptable as excuse

(i) Any act constituting an offence under this Act was committed - at a time when there was a state of war, threat of war, internal political instability or any public emergency; or on an order of a superior officer or a public authority; shall be unacceptable as an excuse.

Section 13: Offences

(i) If any person tortures another person, then that act shall be considered as an offence committed by that person;
(ii) Any person, any offence mentioned under Subsection (i) –
(a) Attempts to commit
(b) Assists or provoke; or
(c) Conspires in committing
- then, it shall be considered that the person has committed an offence under this Act.
(iii) An offender, who commits an offence under this Act, shall be personally liable for the crimes committed.

Section 15: Punishment

(i) Any person, who is found guilty under Subsection (i) of Section 13 of this Act, shall be punished with a minimum of five years rigorous imprisonment or a monetary penalty of minimum fifty thousand Taka or both and in addition to that another compensation amounting twenty five thousand Taka to be paid to the victim/aggrieved person/ persons
(ii) If any person inflicts torture on any other person and that person dies as a result of such torture, then the perpetrator shall be considered as having committed an offence under Subsection (i) of Section 13 of this Act and shall be punished with rigorous imprisonment of minimum life term or a monetary penalty of minimum one hundred thousand Taka or both, for that crime and in addition to that another compensation amounting to a minimum two hundred thousand Taka must be paid to the victim/aggrieved person/persons
(iii) Any person found guilty under Subsection (ii) of Section 13 of this Act shall be punished with minimum two years rigorous imprisonment or a monetary penalty of minimum twenty thousand Taka or both
(iv) Any person convicted under this Act shall deposit the amount of monetary penalty and compensation under Subsections (i), (ii) and (iii) to the trial Court within 14 days from the date of the passage of the verdict. No appeal against the verdict under this Act shall be admissible unless this obligation if fulfilled.

Section 16: Appeal

(i) An appeal challenging the convictions of the offences under this Act can be made to the High Court Division of the Supreme Court of Bangladesh.
(ii) The victim/aggrieved person/persons may also proceed with their appeal to the higher courts for reviews.

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