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Physical torture in Bangladesh ( Assault and threats)

In Bangladesh, assault and threats charges are governed by the Penal Code, which defines various offenses related to violence and threats of violence.

Under the Penal Code, assault is defined as the act of causing or attempting to cause physical harm to another person. It is punishable by imprisonment for up to one year, or by a fine, or by both. If the assault results in serious injury, the punishment may be increased to imprisonment for up to seven years.

Threats, also known as criminal intimidation, are defined as the act of threatening another person with harm or injury. Threats can be verbal or written, and they can be made directly to the victim or through a third party. Threats are punishable by imprisonment for up to two years, or by a fine, or by both. If the threats are made in writing, the punishment may be increased to imprisonment for up to seven years.

In addition to the Penal Code, the Domestic Violence (Prevention and Protection) Act, 2010 provides protection to victims of domestic violence and provides for the punishment of perpetrators of domestic violence. The act defines domestic violence as any act or conduct that causes physical, psychological, or economic harm or suffering to a person. It provides for the issuance of protection orders to prevent further abuse and for the punishment of those who violate such orders.

If you have been charged with assault or threats in Bangladesh, it is important to seek legal assistance as soon as possible. An experienced criminal defense lawyer can help you understand your rights and options, and can work with you to develop a defense strategy. Some possible defenses to assault and threats charges include self-defense, defense of others, and lack of intent.

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It is also important to remember that being charged with a crime does not necessarily mean you will be convicted. With the help of a skilled lawyer, you may be able to get the charges against you reduced or dismissed, or you may be able to negotiate a plea deal that results in less severe penalties.

If you have been charged with assault or threats in Bangladesh, it is important to take the charges seriously and to seek legal assistance as soon as possible. An experienced criminal defense lawyer can help you navigate the legal system and fight for your rights.

Options if you are getting tortured by someone in Bangladesh:

If you have been physically abused in Bangladesh, there are several legal options available to you. These options include:

  1. Filing a police report: If you have been physically abused, it is important to report the abuse to the police as soon as possible. This will not only help to protect you from further abuse, but it will also help to build a case against the person who abused you. When you file a police report, be sure to provide as much detail as possible about the abuse, including the date, time, location, and any injuries you sustained.
  2. Filing a complaint with a human rights organization: There are several human rights organizations in Bangladesh that can assist you in seeking justice for physical abuse. These organizations can provide you with legal assistance, help you file a police report, and advocate on your behalf.
  3. Filing a civil lawsuit: If you want to seek compensation for the physical abuse you have suffered, you can file a civil lawsuit against the person who abused you. In a civil lawsuit, you can seek damages for medical expenses, lost wages, and other costs related to the abuse.
  4. Filing a criminal complaint: In some cases, the person who physically abused you may be charged with a crime. If this is the case, you can file a criminal complaint against the person and cooperate with the police and prosecutors as they build their case.
  5. Seeking a restraining order: If you are in immediate danger of being physically abused again, you can seek a restraining order to prevent the person who abused you from having any further contact with you.

It is important to note that seeking justice for physical abuse can be a difficult and complex process. However, by taking action and pursuing legal recourse, you can increase your chances of getting the justice you deserve. If you have been physically abused, it is important to seek help and to not be afraid to speak out about the abuse.

Here is a table outlining relevant laws and sections in Bangladesh related to physical abuse and bail options:

Law/SectionDescriptionBail Options
Penal Code, Section 323This section of the Penal Code criminalizes causing voluntary hurt. It states that anyone who intentionally or recklessly causes hurt to another person can be punished with imprisonment for up to one year, or with a fine, or with both.Bail may be granted by a court at the discretion of the judge. Factors that may be considered when determining whether to grant bail include the severity of the offense, the likelihood of the accused fleeing, and the risk of the accused committing further crimes.
Penal Code, Section 325This section of the Penal Code criminalizes causing grievous hurt. It states that anyone who causes hurt that is likely to cause death, or that causes the loss of a limb or organ, or that permanently disables a person, can be punished with imprisonment for up to seven years, or with a fine, or with both.Bail may be granted by a court at the discretion of the judge. Factors that may be considered when determining whether to grant bail include the severity of the offense, the likelihood of the accused fleeing, and the risk of the accused committing further crimes.
Penal Code, Section 326This section of the Penal Code criminalizes causing hurt with a dangerous weapon. It states that anyone who causes hurt to another person by using a dangerous weapon can be punished with imprisonment for up to ten years, or with a fine, or with both.Bail may be granted by a court at the discretion of the judge. Factors that may be considered when determining whether to grant bail include the severity of the offense, the likelihood of the accused fleeing, and the risk of the accused committing further crimes.
Domestic Violence (Prevention and Protection) Act, 2010This act provides protection to victims of domestic violence and provides for the punishment of perpetrators of domestic violence. It defines domestic violence as any act or conduct that causes physical, psychological, or economic harm or suffering to a person.Bail may be granted by a court at the discretion of the judge. Factors that may be considered when determining whether to grant bail include the severity of the offense, the likelihood of the accused fleeing, and the risk of the accused committing further crimes.
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How To Get Justice Against Physical Torture In Bangladesh 14

How to get justice against the abuse:

Getting justice for physical torture in Bangladesh can be a difficult and complex process. However, there are steps you can take to help ensure that you get the justice you deserve.

  1. Document the abuse: It is important to document the physical abuse you have suffered. This may include taking photos of any injuries you have sustained, keeping a diary of the abuse, and keeping any medical records or other documentation related to the abuse.
  2. Seek medical attention: If you have been physically abused, it is important to seek medical attention as soon as possible. This will not only help you receive the necessary treatment for your injuries, but it will also provide you with important documentation of the abuse.
  3. Report the abuse to the authorities: If you have been physically abused, it is important to report the abuse to the authorities. You can do this by contacting the police or by filing a complaint with a local human rights organization.
  4. Gather evidence: In order to get justice for the physical abuse you have suffered, it is important to gather as much evidence as possible. This may include witness statements, medical records, and other documentation related to the abuse.
  5. Seek legal assistance: If you want to pursue legal action against the person who physically abused you, it is important to seek legal assistance. This can be done by contacting a local human rights organization or by hiring a lawyer.
  6. Consider seeking compensation: In some cases, it may be possible to seek compensation for the physical abuse you have suffered. This may include damages for medical expenses, lost wages, and other costs related to the abuse.
  7. Don’t give up: Pursuing justice for physical abuse can be a long and difficult process. It is important to stay strong and to not give up, even if it seems like the odds are against you.

It is important to note that physical abuse is a serious issue that should not be tolerated. If you or someone you know has been the victim of physical abuse, it is important to take steps to get the justice you deserve. By following the steps outlined above, you can increase your chances of getting the justice you deserve.

In section 2(6), the law borrows the definition of ‘torture’ from the 1984 Convention, stating that ‘torture’ means any act that causes physical or mental pain and suffering to a person. Torture includes, among other things, inflicting physical and mental pain on a person in order to obtain information or a confession, punishing a person for an act he committed or is suspected of committing, or intimidating or coercing him or a third person.

Furthermore, infliction of pain or suffering is torture when done for any reason based on discrimination of any kind, or by or with the consent of a public official or other person acting in an official capacity. Section 12 states that war, the threat of war, internal political instability, an emergency situation, or any order from a superior officer/authority can never be used as justification for torturing someone.

Section 2(7) defines custodial death as the death of a person in the custody of a public official. Furthermore, it includes the death of a person while being illegally detained or arrested by any member of a law enforcement agency. It also refers to the death of a person during interrogation or remand, regardless of whether he is a witness or not in a case.

Under section 2(8) of this Act, a victim or aggrieved person is defined as someone who has been directly tortured or whose acquaintance has been tortured.

Section 4 of the Act empowers the Court to immediately write a record of torture when anyone appears before it with a complaint of torture. The Court will order that the tortured person be examined by a registered doctor. In the case of a female victim, she should be examined by a female doctor.

The doctor must prepare a report within 24 hours describing the victim’s injuries and pain, as well as the possible time when the victim was tortured. The reports must be submitted to the Court and distributed to the complainant or anyone he designates.

Section 5 states that the Court will send a copy of the torture record to the Police Super or any Police Officer of higher rank, as well as an order to file a criminal case. If the doctor recommends that the victim be admitted to a hospital, the Court will make the necessary arrangements.

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How To Get Justice Against Physical Torture In Bangladesh 15

Upon receipt of this order, the Police will investigate the complaint and submit a report, either with or without charges. However, if the Court is satisfied on the application of the aggrieved person that the Police cannot properly complete the investigation, the Court can issue an order for a judicial inquiry.

Section 6 allows a third party to file a complaint of torture, and the Court is required to issue an order for the complainant’s safety and protection. Even the Court has the authority to go to the location of the alleged torture.

Section 8 of this law requires that investigations be completed within 90 days of the complaint being filed. In exceptional cases, the investigation may be delayed for up to 30 days after hearing the victim or aggrieved party. Torture offenses are cognizable, non-compoundable, and non-bailable under this law.

Under Section 11, the complainant may petition the Session Judge Court for safety and protection. The state and the alleged accused can be made parties in such a petition, which must be resolved within 14 days after serving a seven-day notice on the opposing party.

While deciding the case, the Court may detain the opposing party for a maximum of seven days, with the option to extend the period at any time. To ensure the complainant’s safety, the Court may move to a specific location and prohibit the opposing party from entering.

The accused bears the burden of proving their innocence. The Session Judge Court must complete the trial under this Act within 180 days, but the time can be extended by up to 30 days. An offender can be sentenced to up to 5 years in prison or a fine of up to BDT 50,000, or both.

Section 15 stipulates that the victim or aggrieved party be compensated with BDT 25,000. If the victim dies as a result of torture, the offender will face life imprisonment or a fine of up to BDT 1 lakh, or both. In this case, the victim’s family or those who have been wronged will be compensated with BDT 2 lakh. The decision of the Session Judge Court can be appealed to the High Court Division.

Here is a table of frequently asked questions about Bangladeshi law on various criminal offenses:

TopicQuestionAnswer
Assault & Threats ChargesWhat is assault in Bangladesh?Assault in Bangladesh is defined as the act of causing or attempting to cause physical harm to another person. It is punishable by imprisonment for up to one year, or by a fine, or by both. If the assault results in serious injury, the punishment may be increased to imprisonment for up to seven years.
What are threats in Bangladesh?Threats, also known as criminal intimidation, are defined as the act of threatening another person with harm or injury. Threats can be verbal or written, and they can be made directly to the victim or through a third party. Threats are punishable by imprisonment for up to two years, or by a fine, or by both. If the threats are made in writing, the punishment may be increased to imprisonment for up to seven years.
Bribery ChargesWhat is bribery in Bangladesh?Bribery in Bangladesh is defined as the act of offering, giving, receiving, or agreeing to receive a benefit in exchange for influencing the performance of a public or official duty. It is punishable by imprisonment for up to seven years, or by a fine, or by both.
Women & Child AbuseWhat is domestic violence in Bangladesh?Domestic violence in Bangladesh is defined as any act or conduct that causes physical, psychological, or economic harm or suffering to a person. It is punishable by imprisonment for up to one year, or by a fine, or by both. The Domestic Violence (Prevention and Protection) Act, 2010 provides for the issuance of protection orders to prevent further abuse and for the punishment of those who violate such orders.
Dowry Prohibition CasesWhat is dowry prohibition in Bangladesh?Dowry prohibition in Bangladesh refers to the practice of giving or receiving money, property, or other goods as a condition for a marriage. It is punishable by imprisonment for up to five years, or by a fine, or by both. The Dowry Prohibition Act, 1980 provides for the punishment of those who give or receive dowry.
PornographyWhat is pornography in Bangladesh?Pornography in Bangladesh refers to any material that is sexually explicit or suggestive. It is punishable by imprisonment for up to ten years, or by a fine, or by both. The Pornography Control Act, 2012 provides for the punishment of those who produce, distribute, or possess pornography.
Misuse of Information, TechnologyWhat is the misuse of information technology in Bangladesh?The misuse of information technology in Bangladesh refers to the unauthorized use of computers, computer systems, or computer networks. It is punishable by imprisonment for up to three years, or by a fine, or by both. The Information and Communication Technology Act, 2006 provides for the punishment of those who misuse information technology.
Drugs Related CrimesWhat are drugs related crimes in Bangladesh?Drugs related crimes in Bangladesh refer to offenses involving the possession, use, sale, or distribution of illegal drugs. It is punishable by imprisonment for up to ten years, or by a fine, or by both. The Narcotics Control

Why Tahmidur Remura is one of the most coveted criminal prosecution and defence lawyers:

Tahmidur Rahman Remura is a highly respected criminal defense law chamber in Bangladesh. We are dedicated to providing our clients with the best possible legal representation and ensuring that they are able to make informed decisions about their cases. Our team of experienced attorneys is equipped to handle a wide range of criminal cases, including murder, sex offenses, corruption, and drug crimes, among others. We have appeared in all levels of court, up to the Supreme Court of Bangladesh, and have a track record of success in high profile cases.

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How To Get Justice Against Physical Torture In Bangladesh 16

At our initial meeting, we will listen to your story and explain the legal process to you in detail. We will also help you understand your options and make a decision about whether to plead guilty or go to trial. If you choose to have a trial, we will review all relevant documentation, including police and court records, to help you build a strong defense.

When you are facing charges:

If you are facing criminal charges, it is important to seek legal representation as soon as possible. Prior to your first appointment with us, please gather all relevant information, including the exact charge you are facing, your next court date and location, and any documentation related to the charge. We are here to help you navigate the legal system and fight for your rights.

We can help you in the prosecution and defence of the following matters:

  • Murder / manslaughter (including manslaughter)
  • Sex offences
  • Corruption
  • Death by dangerous driving
  • Kidnapping
  • Violent disorder
  • Armed robbery
  • Arson / criminal damage
  • Blackmail
  • Possession / supply of drugs
  • Inquests

f you require any assistance or consultation, please visit our office or contact us at +8801779127165 or +8801847220062 (WhatsApp) or by email- [email protected] 

E-mail: [email protected]
Phone: +8801847220062 or +8801779127165 or +8801708080817

Address: House 410, Road 29, Mohakhali DOHS, Dhaka 1206

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How to get justice against physical torture in Bangladesh

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