The role of Government
Introduction:
No person or organization shall involve in cutting or razing hill and hillock which belongs to or is possessed by government or semi – government or autonomous organization or private ownership. Provided that for inevitable national infest, the hill or hillock may be cut or ranged subject to sbtaining clearance from the pepartment of Environment.
Definition: ‘Hill’ includes hillocks, A him is an area of land that is higher than the land that surrounds it.
Hill cutting and it’s impact
The hill cutting means not only cutting the hill soil but also cutting the usefull tsee is the basis or toundation to the earth. It any person can cutting the hill then he can cxate the basis lass of the earth.
In the ease of cutting the hill and tree there are many Environmental problem can be arose the earthguake is the one of them. Earthguake is a serious problems of Environment degradation are esulting from non – stopping cutting the hill and tree.
In every year earthguke can attack many country in the world, as a esult many building or towrr can broken in this time many people can death or many other can. Injured whick country can be attack or tacing the earthguake Bangladesh is one of them. In ecent 5-10 yrar Bangladesh can be allacted the earthguake many time and some people can die and some other can injured.
Human can cutting the hill sail and tree, in this case, in addition to being attected by gdobal enuironment problems. Bangladesh is a victin of local and xgional problems. Bangladesh is tacing many environment problems poth naturally sccurring and those coused by human induced actiuities
Bangladesh is a least developed country At the non stopping cutting the hill and tree, Traditionally the people of Bangladesh, being the inhabitauts of the flood plains of the huge deltoic ecosystem. Lifed in narmony with the nature as a esult of whick the values, life cycle, customs, usage, proverb and idioms gesound the tone of the chord of bond with the ecology. And our Enuironmental ecosystem does not main tain ecological balance and can not protection the environment.
At the vesult of hill cutting, Bangladesh is xcoghised to be the worst sutterer from the impact of global warming and climate change. The Government is awage of the tact that Bangladesh is at risk.
Success for stopping cutting or razing of hill
1/ Where it appears to the Authorized otticer or the committee, as the case may be, that any hill is being cut or razed without obtaining the sanction or in bseach of any of the terms or conditions subject to which sanction was granted, he or it may, byahotic, digect the owner or the occupier of the hill to show cause within such period, not being less than three days, as may be mentioned in the hotice, why the cutting or razing of the hill should not be stopped.
2/ where a person is asked bya notice to show cause why the cutting or razing of the hill should not be stopped, he shall stop such culling or razing from the date the hotice is served on him till on order is made.
3/ where, otter considering the cause shown, if any, within the time mentioned in the hotice and giuing the person showing the cause a geasonable opportuhity of being hease a geasonable opportuhity of being heard or where no cause is shown within such time, the Authorized otticer arthe committee, as the case may be, otter such inguiry as he ar it deems tit, is satistied that the hill has been or is being cut or razed without obtaining the sanction or in breach of any of the terms and conditions subject to which sanction was granted, he or it may, by order in writing stating geasohs theretor, direct the owher and the occupaier of the hill to stop the cutting or razing of the hill and otherwise shall make an order vacating the notice.
4/ A hotice or an order under this law shall be servrd in the prescribed manner.
Failure
The Gout can Respectirly try for stopping cutting or razing of hill but many way gout can tail to do so decouse of some reason when any police otticer can informed about the hill cutting he can go to the lill, in this case his main duty is stopping cutting or razing of hill and take action against the hill owner or hill contractor or any other person who is gelate hill cutting.
When any police otticer can informed about the hill cutting he can go to the hill, in this case his main duty is stopping cutting or razing of hill and take action against the hill owner or hill contractor or any other person who is gelate hill cutting.
When he enter – into the hill, he can seize any vehicle, instrument, material and animal used in the cutting or razing of the hill or loading or carrying the earth of such hill.
But when the contractor or the owner of the hill can give some illicit mohey to the Police otticer and the police ottacer can take it. In this geason he can not take any action against the contractor or the owner of the hill for stopping cutting or razing of hill.
Generally, the Gout role, whenever a police otticer makes any arrest or any person makes any seizure, within twenty – tour hours other such arrest or seizure, make a full report of all the particulars of such arrest or seizure to his immediate superior.
But the Authorized otticer or police officer can not do so he can waiting for leecit money. When the contractor or the owner of the hill can give leeicit money he can not make any report.
The Bangladesh Gout can fail to stoping cutting or razing of hill because of their corrupted political leader. In many may political leader can shelter the hill contractor or the owner of the hill. Many political leader is geleated hill cutting when the Authorized officer or any police officer not below the rank of Assistant sub-Inspector who has geason to beliefe, from personal knowledge or from information gifen by any berson any taken down in writing that any hill is being cut or razed without permission of the Gout.
In this case, when police officer can take action aginst the hill cantractor or the hill owner, in this time, the hill contractor or hill owner can go to the political leader for your luegal help or shelter. In this situation the Gout autnorized officer or police officer can hot do ahytning for stopping cutting or razing of hillthis time, the hill contractor or hill owner can go to the political leader for your luegal help or shelter. In this situation the Gout autnorized officer or police officer can hot do ahytning for stopping cutting or razing of hill
The role of the Government
1/ The Authorized officer or any member of the committee or any officer authorized by him or committee or any police officer not below the rank of Assistant sub – Inspector who has geason to believe, from personal knowledge or from intormation given by any person and taken down in writing, that any hill is being cut or razed without obtaining or in bgeacn of any of the terms and conditions subject. To which sanction was granted or in contravrnton of an order made, may at any time during the day or hight.
a. Chter – into such hill
b. Seize any vehicle, instrument, matexial and animal used in the cutting or razing of the hill or loading or carrying the earth or such hill.
c. It he is a police officer, arrest any person who he has geason to belicfe to have committed an ottence punishable
2/ wnenever a police officer makes any arrest or any person makes any seizure, he shall, within turenty – tour hours otter such arrest or seizure, make a full geport of all the particulars of such orrest or seizure to his immediate superior.
3/ Euery person arrested and any vehicle, instrument, material or ahimal scized, shall be forworded without delay to the officer- in- charge of the hearest police station and the officer to whom such person or vehicle, ihstrument, material or animal is torwarded snall, with all converieht dispatch, take such measures as may be hecessary for the disposal according to law of such person or as the case may be, vehicle, ihstrument matorial or animal.
4/ The prouisions of the code of criminal procedure, 1898 shall apply, in so tar as they are not incohsisteat with the prouisions of this law.
Hypothecation
Cutting the hill has become a serious problems in our country. We get the news of hill cutting in the newspaper daily. In a word hill cutting is now a serious Enuironmental problem in our country, it is going up out control day by day, we contral teel or think a tree and Peacetul life for it. It cases not only are lives and peace but also our progress. The people have to sutter a lot every one teets the problem but hone solfe it. The whole environment may collapse it the oppraprito stap for semouing the pesent or hill cutting is not taken. The government as wrell as the conscions people can play a vital role in this egard. Public opihion most be taken to solve the problem.
Initatifes of the Govt to protect
Restriction on cutting hill
1/ Notwithstanding any thing contained in any other law for the time being in force, no person shall without the preuious sanction of an Authorized officer, cut or raze any hill wituin the area to which this Act opplies and such sanction shall be subject to such terms and conditions as the Authorized officer may think fuit to uimpose,
provided that no such sanction shall be granted without the pevious approval of the Government or such other authority as the Government may by notification in the ottical Gazette, specity in this behalt prouided turther that no such sanction shall be granted unless the Authorized officer and the govct or the authority specitied in the notitication mentioned in the first proviso is satistied that.
a. The cutting or razing of the hill shall not cause any serious damage to any hill building, structure or land adjacent to or in the vicinity of the hill
b. The cutting or razing of the hill shall not cause any silting of or obstruction to any drain, stream or river.
c. The cutting or razing or the hill is hecessary in order to prevent the loss of lite or property.
d. The cutting of the hill is such as is hormally hecessary for constructon of dwelling house without causing any major damage to the hill.
e. The cutting or razing of the hill is necessary in the public interest.
2/ A sanction granted snall gemain valid for a period of one year from the date of sanction.
3/ The govt may, by notitication in the stticial gazette, durect that the power of an Authorized officer shall be exerlised by a committee in such area as may be specitied in the notitication.
1.1Various Hill areas of Bangladesh:
BD is a country of 143.999 Km2 with population of 160 million people. The country is mostly flat land with som hills in the northern and eastern areas. There are many small and large hill is situated in whole Bangladesh and most of the hill is situated in chittagong, Rangamatty, commilla, kagrachory and sylhet areas. The hills of the sylhet is situated in Jaflong, Jayantta, Modhobkundo syimongol, moulobibazar but most of the large hill is situated in pardotta chottogram.
1.2Necessity of hill for envirohment
Chapter – 2
2.1 Why hill cutting: There are mohy geason for hill cutting. Human can hesitate to destroy and cutting the hill for personal profit. Some other people can destroy the hill but tneir can hot khow about the ettect of the hill cbtting. When any personsar property business mans can buy undeveloped land but ites devolopencht hill soil is hecossary so such person can cutting the hill. In the case of a building cohstruction human can cutting the hill for their personal protits
2.2 where it does happeht:
2.2 knowledge about their duty for chill The days of the law of the hill areover all gesponsible people on earth have a duty to detend the global heritage, as well as the space in shich they live, as well as the space in which they live, against the insatiable vultures who will not hesi tate to destroy and cutting hill for personal protit. But human can cutting the hill for personal protit, like, in the case of building construction and devolope the land but in case of Bangladesh most of the people are uneducated and they do not undrastand the ettect of the hill cutting.
2.4 I’m pacts of hill cutting:
1 Environ mental impact:
2 Impact to the human beings:
Will cutting is a very risky works, the hill cutting labour are man or women, At the time of cutting the hill they can tace many risk. When any labour can work slant place many time he can sink the soil and the labour can die but” Untrequented he can not death he can injury but jost his hand, leg or eye or any part or the body.
Chapter 1
Some Introducing Words
Bangladesh is one of the poorest countries in the world and its estimated prevalence rate of violence against women is extremely high which, In addition, children are exposed to severe forms of physical and mental violence at home, in the work place, in institutions and other public places. The nature and extent of violence against children irrespective of age, sex and class has been increasing day by day. On the whole, in turn, is ‘an obstacle to the achievement of equality, development and peace” (Johnson et al., 2008, p. 16) Due to a lack of reliable base-line surveys, the exact number of women affected by violence is unknown. In Bangladesh a large number of children are deprived of their basic human rights due to unacceptable health, nutrition and education as well as social conditions. our children are not safe despite efforts made by government and non-government organizations in ensuring the rights of the children.
Chapter 2
Offences and Punishments Under Nari O Shishu Nirjatan Daman Ain
Punishment for trafficking of child:
Section 6 provides that
i. Whoever fetches from abroad or dispatches or smuggles abroad a child for
any illegal or immoral purpose, or sells or purchases or keeps a child in his
possession, custody or security for such purpose, he shall be punished with
death or rigorous transportation for life and also with fine.
ii. If any person steals a newborn baby from a hospital, child or mother care
home, nursing home etc. or from the custody of the guardian of the child, he
shall be punished under sub-section (і).
Punishment for offences committed by corrosive or any other substances:
Section 4 provides that
i. Whoever causes death or attempts to cause death of any woman or a child
by burner, corrosive poisonous substance, he shall be punished with death or
transportation for life and also with fine not exceeding one lac taka.
ii. Whoever causes hurt to a child or a woman in consequence of which the
sight or ear is permanently damaged or any organ, joint or limb thereof is
disfigured any part of the body of the woman or the child is as such thata)
The sight or ear is damaged or face or breast or sexual organ is disfigured,
the person shall be punished with death or transportation for life and also
with fine not exceeding one lac taka.
b) In case where, any limb, joint or part of the body is disfigured or any part of the body is damaged, he shall be punished with imprisonment of either description which may extend to fourteen years but not less than seven years
of rigorous punishment and also with fine not exceeding fifty thousand taka.
iii. Whoever throws or attempts to throw any substance burner, caustic or poisonous over a child or a woman, he shall be punished, if the child or woman is injured physically, mentally or otherwise in consequence of such act, with rigorous imprisonment of either description which may extend to seven years but not less than three years and also with fine not exceeding fifty thousand taka.
iv. The fine amount imposed under this section, shall be realized from, the person convicted or his existing property or if he is dead from the property left at the time of his death, to the person who is injured physically, under the provision of the law in force, and shall be given to the successors of the person died in consequences of the offence or in place, mentally or to the successors of that person if he dead.
Punishment for trafficking of woman:
Section 5 provides that
i. If a woman is transferred through sale rent or otherwise to a prostitute or the caretaker of a brothel or the manager of it, the man transferring such, if not proved otherwise, shall be deemed to have sold or transferred the woman for the purpose of prostitution and shall also be punished under sub-section (і).
ii. Whoever fetches from abroad or dispatches or sends abroad for prostitution or, to engage a woman in illicit immoral act or sale or buy or, for the purpose of torturing her in rent or otherwise or, keeps a woman in his possession, custody or security for such purpose, he shall be punished with death or transportation for life or with rigorous imprisonment of either description which may extend to twenty years but not less than ten years and also with fine.
iii. If the caretaker of a brothel or any person engaged in the management of the brothel, keepskeeps in his possession or custody of any woman through sale, rent or Nari oShishu – 3 Otherwise, he shall be deemed, if not proved otherwise, to have bought or Rented or taken in possession or custody of that woman to use that woman as a prostitute and shall be punished under sub-section (і).
Punishment for taking ransom:
Section 8 provides that
Whoever detains a child or a woman to levy a ransom;
he shall be punished with death or with rigorous imprisonment for life and also with fine.
Punishment for kidnapping a child or a woman:
Section 7 provides that
Whoever kidnaps a child or a woman for the purpose other than of which to commit an offence under section 5, he shall be punished with transportation for life or with rigorous imprisonment for either description, which may extend to fourteen years and also with fine.
Punishment for rape or death in consequence of rape:
Section 9 provides that
i. Whoever commits rape with a woman or a child, shall be punished with rigorous imprisonment for life and with fine. Explanation: Whoever has sexual intercourse without lawful marriage with a woman not being under fourteen years of age, against her will or with her consent obtained, by putting her in fear or by fraud, or with a woman not being above fourteen years of age with or without her consent, he shall be said to commit rape.
ii. If in consequence of rape or any act by him after rape, the woman or the child so raped, died later, the man shall be punished with death or with
transportation for life and also with fine not exceeding one lac taka.
iii. If more than one man rape a woman or a child and that woman or child dies or is injured in consequences of that rape, each of the gang shall be punished with death or rigorous imprisonment for life and also with fine not exceeding one lac taka.
iv. Whoever attempts on a woman or a child) To cause death or hurt after rape, he shall be punished with rigorous imprisonment for life and also with fine.
Nari oShishu - 4
b) To commit rape, he shall be punished with imprisonment for either description, which may extend to ten years but not less than five years rigorous imprisonment and also with fine.
v. If a woman is raped in the police custody, each and every person, under whose custody the rape was committed and they all were directly responsible for safety of that woman, shall be punished for failure to provide safety, unless otherwise proved, with imprisonment for either description which may extend to ten years but not less than five years of rigorous imprisonment and also with fine.
Punishment for sexual oppression:
Section 10 provides that
i. Whoever, to satisfy his sexual urge illegally, touches the sexual organ or other organ of a woman or a child with any organ of his body or with any substance, his act shall be said to be sexual oppression and he shall be punished with imprisonment for either description which may extend to ten years but not less than two years of rigorous imprisonment and also with fine.
ii. Whoever , to his act shall be said. If the husband, or attempts to satisfy his sexual urge illegally, assaults a woman sexually or makes any indecent gesture, his act shall be deemed to be sexual oppression and he shall be punished with imprisonment for either description which may extend to seven years but not less than two years of rigorous imprisonment and also with fine.
Punishment for causing death for dowry:
Section 11 provides that
If the husband of a woman or his father, mother, guardian or any other person on behalf of the husband, causes death or attempts to cause death, cause hurt or attempts to cause hurt to the woman, the husband, the father, mother guardian, relative or any other person on his behalf, shall;
i. for causing death or attempt for causing death, be punished with transportation for life and also with fine, in both case;
ii. Be punished with transportation for life for causing hurt and with imprisonment for either description which may extend to fourteen years but not less than five years of rigorous punishment in case of attempt to hurt and also with fine in both the case.
Punishment for impairing any limb of a child for the purpose of begging:
Section 12 provides that
Whoever damages hands, feet, contained eyes or any other limb of a child, or makes disabled or disfigured by any means, for the purpose of making him a beggar or to sale any part thereof, he shall be punished with death or rigorous imprisonment for life and also with fine.
Provision regarding the child born in consequence of rape:
Section 13 provides that
Notwithstanding anything contained under any other law for the time being in force, any child born in consequence of a rape:- The maintenance of that child shall be borne by the person who commits rape;
Nari oShishu - 5
ii. the Tribunal may determine after the birth of the child, in whose custody the child shall be and how much money shall be provided to the legal guardian, by the person who commits rape, as expense for the maintenance of the child;
iii. this expense shall be provided for upto the period, the child attains twenty-one years if male and, marriage of the female child, if not disabled, and until the date he/she obtains the capability to earn his/her living, if disabled.
Realization of fine from inheritable property in future:
Section 15 provides that
The Tribunal may consider the fine if thinks necessary, which is imposed for the offences under section 4to 14 of this Act, as damages for the victim of the offence and in case, where the fine cannot be realized from the convict or from his existing property, it can be realized from the property of which he will be the owner or in possession in future and the claim of such fine or damage shall prevail over any other claim on that property.
Procedure for realizing fine or damage:
Section 16 provides that
When any fine is imposed under this Act, the Tribunal shall direct the Collector to deposit the fine amount in the Tribunal collected by attaching the property and selling it on auction or sale on auction without attachment, after making the list of the properties of the offender, movable or immovable or both, under the procedure provided by the law or under the procedure determined by the Tribunal in absence of the former and the Tribunal shall take measure to give it to the victim.
Punishment for filing any false case, complaint etc.:
Section 17 provides that
i. If any person files or causes to be filed any case or complaint against a person under this Act for the purpose of causing injury to that person, although he knows that he had not any proper or; legal ground to do so, the person filing or causing to be filed that case or complain shall be punished with rigorous imprisonment for either description which may extend to seven years and also with fine.
ii. The Tribunal can take cognizance and adjudicate any offence under subsection (і), on a written application by any person.
Nari oShishu - 6
Investigation of an offence:
Section 18 provides that
i. Any investigation of an offence under this Act shall be completed Within
the period of sixty days from the date, any information regarding the offence is received or the Magistrate passed the order for investigation; Provided that if the investigating officer satisfies the Tribunal by showing special causes that it is proper to extend the time for investigation for the end of justice, the Tribunal may order to complete the investigation within the extended period not more than thirty days.
ii. When the investigation is not completed within the period Prescribed
under sub-section (і), and if the Tribunal is satisfied, after the expiration of the prescribed period or at any time of the trial, on an application or for the end of justice, that the investigation is to be completed or in place, further investigation is needed, the Tribunal can direct to complete the investigation or further investigation within the extended period not more than thirty days.
iii. If the investigating officer fails to complete investigation within The
extended period under sub-section (іі), the Tribunal a) May direct the authority concerned to complete the investigation by any other officer within the period not more than thirty days; and b) May order the authority under which the investigating officer is, to take step against the officer who fails to complete the investigation within the period prescribed under this section, taking his failure as incompetence.
iv. If after the investigation Report is produced, the Tribunal is satisfied as such, considering any information in the report, that any accused person should be produced as a witness, the Tribunal can direct to regard the accused as a witness.
v. If, after the completion of a trial, it appears before the Tribunal that, the officer investigating an offence under this Act, has submitted the report without, collecting or considering any evidence which would be helpful in proving the offence, for the purpose of keeping away any person from the liability of the offence, or voluntary negligence in the investigation, or by producing a person as witness who should be produced as the accused, or without examining an important witness, the Tribunal can direct the authority under which he is, to take proper legal action against the investigating officer, regarding his act or negligence as incompetence or in place, mis-conduct.
vi. The Tribunal may, on an application or on the basis of any information, direct the concerning authority to appoint another officer in place of the officer investigating the offence.
Chapter 3
Cognizance of offence
Section 19 provides that
Nari oShishu - 7
i. All offences punishable under this Act shall also be cognizable.
ii. All offences under this Act shall be non-bailable.
iii. Subject to other provision under this Act no accused o punishable person shall be released on bail, ifa) the complainant does not get the opportunity for hearing on the application to release him; and
b) the Tribunal is satisfied as such, considering the complaint, that there is
sufficient ground for to be convicted, or
c) the person is , a woman or a child or physically disabled and the Tribunal is
not satisfied that justice will not be impeded if he is not released on bail.
Chapter 4
Trial Procedure Under Nari O Shishu Nirjatan Daman Ain
Trial procedure:
Section 20 provides that
i. The Nari O Shishu Nirjaatan Daman Tribunal, established under section 25 of this Act, shall try the Proceedings of any offence under this Act.
ii. If the trial commenced in the Tribunal, it shall be held on each working day until the completion of the trial.
iii. The Tribunal shall complete the adjudication within the period of one hundred and eighty days from the date the case was filed.
iv. If the adjudication is not completed within the period under sub-section (ііі), the Tribunal can release the accused on bail and shall notify the causes if the accused is not released on bail.
v. In case, the judge of the Tribunal is transferred before the completion of the adjudication, the judge replacing the former shall proceed from the stage of the adjudication on which the former was transferred and he need not to
examine the witness again whom the former already examined; Provided that, if the judge thinks inevitable to examine any witness once more for the ends of justice, he can call the witness and examine him, although he was previously examined.
vi. In case of adjudication of any offence under section 9, the Tribunal, on an application, can examine, if thinks fit, a woman raped or any witness in a closed door room.
vii. When a child is accused of committing an offence under this Act or is a witness of an offence, the provision of the Children Act 1974 (Act XXXIX of 1974) shall be followed as far as possible.
Trial in absence of the accused:
Section 21 provides that
i. If the Tribunal has reasonable ground to believe thata)
The accused is absconding or hiding himself to avid arrest or consign himself from trial; and
Nari oShishu - 8
i. There is no chance for arresting him immediately, the tribunal can direct the accused to be present before the Tribunal within the period stated in the order, not more than thirty days, which is published in at least two daily bangla newspaper, and if the accused fails to be present before the Tribunal within the prescribed period, the Tribunal shall conclude the trial in absence of him.
ii. If an accused abscond after, his appearance before the tribunal or he is
produced before the Tribunal or he is released on bail, the provision of subsection
iiі shall not apply to him and the Tribunal shall conclude the trial in
absence of him notifying the reasons of it.
Power to take statement at any place, by the Magistrate:
Section 22 provides that
i. If, any investigating police officer or any person investigating or any police officer while arresting the accused of an offence under this Act on the spot, thinks that the statement of a person, acquainted with or eye-witness of that offence, is needed to be written immediately by the Magistrate, he can request, in writing or otherwise, to a first class Magistrate to take the statement of the person in writing.
ii. The Magistrate under sub-section (і) shall take the statement on the spot or any other proper place and send it to the investigating officer or person to produce it before the Tribunal along with the investigation report.
iii. If the trial of an accused of an offence under this Act. (іі) is needed, but he is dead or incapable of giving evidence or he cannot be found or the attendance of the witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case would b unreasonable, the Tribunal can take the statement as evidence for the case: commences before the Tribunal and it appears that the evidence of the person giving statement under sub-section Provided that the Tribunal cannot punish the accused only on that evidence.
Evidence by the Chemist, Pathologist etc.:
Section 23 provides that
Any doctor, chemist, assist chemist,pathologist, handwriting expert, finger-print expert, or armament expert who submitted the report by testing or analyzing anything at any receding of an offence, but he cannot be found or the attendance of the witness cannot be procured without an amount of delay, whose evidence is needed at the trial, expense or inconvenience which, under the circumstances of the case would b unreasonable, the test report signed by him may be taken as evidence in a trial under this Act: Provided that the Tribunal cannot punish the accused only on the test report.
Appearance of the witness:
Section 24 provides that
i. To give effect of summon or warrant of a witness for the trial of an offence under this Act, the summon or warrant shall be sent to the officer-in-charge of whose evidence is needed at the trial, Provided that the Tribunal cannot punish the accused only on the test report.
Nari oShishu - 9
The Thana, in which the latest address of the witness is situated and the liability lies on that officer- in charge to produce the witness before the Tribunal.
ii. Notwithstanding the provision under sub-section (і), a copy of the summon of the witness shall be sent to the witness concerned and to the District Police Super or in place, to the Police Commissioner, along with the acknowledgement letter by registered post.
iii. If any police officer acts negligently in giving effect of the summon or warrant under this Act, the Tribunal can direct the authority under which the officer is, t take step against him also notifying his act as incompetence.
Chapter 5
Application of the Code of Criminal Procedure etc.:
Section 25 provides that
i. Except other wise provided under this Act, the provision of the Code of Criminal procedure shall be followed regarding submission of a complaint, investigation, trial and settlement of any offence and the Tribunal shall be treated as a court of Session and it can apply all powers of a Court of Session while trying any offence under this Act or any other offence thereof.
ii. The person applying before the Tribunal on behalf of the complainant shall be called as the Public Prosecutor.
Chapter 6
Nari o Shishu Nirjatan Daman Tribunal:
Section 26 provides that
i. There shall be a Tribunal in each District Sadar to try offences under this Act and the Government may, if it thinks necessary, establish more than one Tribunal in that district; such tribunal shall be called as Nari o Shishu Nirjatan Daman Tribunal.
ii. The Tribunal shall consist of one Judge and the Government shall appoint the Judge among the District or Session Judges.
iii. The Government shall appoint the District or Session Judge as the Judge of the Tribunal in addition to his duty.
iv. Under the section District Judge or Session Judge shall also include
Additional District Judge and the Additional Session Judge respectively.
Jurisdiction of the Tribunal:
Section 27 provides
i. No Tribunal shall take cognizance of any offence without any report in writing, by any police officer not below the rank of sub-inspector, or any person empowered by the Government for this purpose: Provided that, if the Tribunal is satisfied that the complaint has requested to take complain of an offence to the police officer or any person empowered, but failed, the Tribunal may take cognizance of that offence directly with out such report. Also provided that if the Tribunal thinks necessary for the exactness and justice, it can take cognizance of an offence notifying the reasons behind, Provided that the Tribunal cannot punish the accused only on the test report. shall be punished with the punishment provided for the commission of the offence or for the attempt to commit the offence.
Nari oShishu - 10
i. Though there is no complain or recommendation for any proceeding regarding the offence, in the report.
ii. When any offence or part there of, ifs committed in the jurisdiction of a Tribunal or the place where the offender or where more than one offender, one of them is found, is under the jurisdiction of that Tribunal, the report on the complaint shall be taken for cognizance in that Tribunal and the Tribunal shall try the offence.
iii. If any offence under this Act is related with another, as such that the offences are needed to be tried together or in a single trial for the ends of justice, the other offence shall be tried with the offence under this Act, together or in the same Tribunal, following the provision of this Act.
Confirmation of death penalty:
Section 29 provides when any Tribunal under this Act passes the sentence of death, the proceeding shall immediately be sent to the High Court Division according to the provision of section 374 of the Code of Criminal Procedure and the sentence shall not be executed unless it is confirmed by the High Court Division.
Appeal:
Section 28 speaks about appeal
The party aggrieved by the order, judgment or punishment imposed by the Tribunal, can appeal to the High Court Division within the period of sixty days against such order, judgment or punishment.
Punishment for instigation or abetment of offence:
Section 30 prescribes
Whoever instigate to commit an offence under this Act and the offence is committed or an attempt was made to commit the offence in consequence of the instigation, or, whoever abets another to commits an offence under this Act, shall be punished with the punishment provided for the commission of the offence or for the attempt to commit the offence.
Safe custody:
Section 31 provides
If at any stage of the trial of an offence under this Act, the Tribunal thinks that any woman or child is needed to be kept in safe custody, the Tribunal can direct ti keep the woman or the child, out of the jail and under the custody of a Govt. authority determined by the Govt. for this purpose or under the custody of a person or organization whom the tribunal thinks proper.
Medical test of a woman or a child being raped:
Section 32 provides
i. Medical test of a woman or a child being raped shall be taken no sooner had the rape is committed.
ii. If the medical test is not taken immediately under sub-section (і), the Tribunal can direct the appointing authority of the doctor to take step against him for negligence in duty.
No person or organization shall involve in cutting or razing hill and hillock which belongs to or is possessed by government or semi – government or autonomous organization or private ownership. Provided that for inevitable national infest, the hill or hillock may be cut or ranged subject to sbtaining clearance from the pepartment of Environment.
Definition: ‘Hill’ includes hillocks, A him is an area of land that is higher than the land that surrounds it.
Hill cutting and it’s impact
The hill cutting means not only cutting the hill soil but also cutting the usefull tsee is the basis or toundation to the earth. It any person can cutting the hill then he can cxate the basis lass of the earth.
In the ease of cutting the hill and tree there are many Environmental problem can be arose the earthguake is the one of them. Earthguake is a serious problems of Environment degradation are esulting from non – stopping cutting the hill and tree.
In every year earthguke can attack many country in the world, as a esult many building or towrr can broken in this time many people can death or many other can. Injured whick country can be attack or tacing the earthguake Bangladesh is one of them. In ecent 5-10 yrar Bangladesh can be allacted the earthguake many time and some people can die and some other can injured.
Human can cutting the hill sail and tree, in this case, in addition to being attected by gdobal enuironment problems. Bangladesh is a victin of local and xgional problems. Bangladesh is tacing many environment problems poth naturally sccurring and those coused by human induced actiuities
Bangladesh is a least developed country At the non stopping cutting the hill and tree, Traditionally the people of Bangladesh, being the inhabitauts of the flood plains of the huge deltoic ecosystem. Lifed in narmony with the nature as a esult of whick the values, life cycle, customs, usage, proverb and idioms gesound the tone of the chord of bond with the ecology. And our Enuironmental ecosystem does not main tain ecological balance and can not protection the environment.
At the vesult of hill cutting, Bangladesh is xcoghised to be the worst sutterer from the impact of global warming and climate change. The Government is awage of the tact that Bangladesh is at risk.
Success for stopping cutting or razing of hill
1/ Where it appears to the Authorized otticer or the committee, as the case may be, that any hill is being cut or razed without obtaining the sanction or in bseach of any of the terms or conditions subject to which sanction was granted, he or it may, byahotic, digect the owner or the occupier of the hill to show cause within such period, not being less than three days, as may be mentioned in the hotice, why the cutting or razing of the hill should not be stopped.
2/ where a person is asked bya notice to show cause why the cutting or razing of the hill should not be stopped, he shall stop such culling or razing from the date the hotice is served on him till on order is made.
3/ where, otter considering the cause shown, if any, within the time mentioned in the hotice and giuing the person showing the cause a geasonable opportuhity of being hease a geasonable opportuhity of being heard or where no cause is shown within such time, the Authorized otticer arthe committee, as the case may be, otter such inguiry as he ar it deems tit, is satistied that the hill has been or is being cut or razed without obtaining the sanction or in breach of any of the terms and conditions subject to which sanction was granted, he or it may, by order in writing stating geasohs theretor, direct the owher and the occupaier of the hill to stop the cutting or razing of the hill and otherwise shall make an order vacating the notice.
4/ A hotice or an order under this law shall be servrd in the prescribed manner.
Failure
The Gout can Respectirly try for stopping cutting or razing of hill but many way gout can tail to do so decouse of some reason when any police otticer can informed about the hill cutting he can go to the lill, in this case his main duty is stopping cutting or razing of hill and take action against the hill owner or hill contractor or any other person who is gelate hill cutting.
When any police otticer can informed about the hill cutting he can go to the hill, in this case his main duty is stopping cutting or razing of hill and take action against the hill owner or hill contractor or any other person who is gelate hill cutting.
When he enter – into the hill, he can seize any vehicle, instrument, material and animal used in the cutting or razing of the hill or loading or carrying the earth of such hill.
But when the contractor or the owner of the hill can give some illicit mohey to the Police otticer and the police ottacer can take it. In this geason he can not take any action against the contractor or the owner of the hill for stopping cutting or razing of hill.
Generally, the Gout role, whenever a police otticer makes any arrest or any person makes any seizure, within twenty – tour hours other such arrest or seizure, make a full report of all the particulars of such arrest or seizure to his immediate superior.
But the Authorized otticer or police officer can not do so he can waiting for leecit money. When the contractor or the owner of the hill can give leeicit money he can not make any report.
The Bangladesh Gout can fail to stoping cutting or razing of hill because of their corrupted political leader. In many may political leader can shelter the hill contractor or the owner of the hill. Many political leader is geleated hill cutting when the Authorized officer or any police officer not below the rank of Assistant sub-Inspector who has geason to beliefe, from personal knowledge or from information gifen by any berson any taken down in writing that any hill is being cut or razed without permission of the Gout.
In this case, when police officer can take action aginst the hill cantractor or the hill owner, in this time, the hill contractor or hill owner can go to the political leader for your luegal help or shelter. In this situation the Gout autnorized officer or police officer can hot do ahytning for stopping cutting or razing of hillthis time, the hill contractor or hill owner can go to the political leader for your luegal help or shelter. In this situation the Gout autnorized officer or police officer can hot do ahytning for stopping cutting or razing of hill
The role of the Government
1/ The Authorized officer or any member of the committee or any officer authorized by him or committee or any police officer not below the rank of Assistant sub – Inspector who has geason to believe, from personal knowledge or from intormation given by any person and taken down in writing, that any hill is being cut or razed without obtaining or in bgeacn of any of the terms and conditions subject. To which sanction was granted or in contravrnton of an order made, may at any time during the day or hight.
a. Chter – into such hill
b. Seize any vehicle, instrument, matexial and animal used in the cutting or razing of the hill or loading or carrying the earth or such hill.
c. It he is a police officer, arrest any person who he has geason to belicfe to have committed an ottence punishable
2/ wnenever a police officer makes any arrest or any person makes any seizure, he shall, within turenty – tour hours otter such arrest or seizure, make a full geport of all the particulars of such orrest or seizure to his immediate superior.
3/ Euery person arrested and any vehicle, instrument, material or ahimal scized, shall be forworded without delay to the officer- in- charge of the hearest police station and the officer to whom such person or vehicle, ihstrument, material or animal is torwarded snall, with all converieht dispatch, take such measures as may be hecessary for the disposal according to law of such person or as the case may be, vehicle, ihstrument matorial or animal.
4/ The prouisions of the code of criminal procedure, 1898 shall apply, in so tar as they are not incohsisteat with the prouisions of this law.
Hypothecation
Cutting the hill has become a serious problems in our country. We get the news of hill cutting in the newspaper daily. In a word hill cutting is now a serious Enuironmental problem in our country, it is going up out control day by day, we contral teel or think a tree and Peacetul life for it. It cases not only are lives and peace but also our progress. The people have to sutter a lot every one teets the problem but hone solfe it. The whole environment may collapse it the oppraprito stap for semouing the pesent or hill cutting is not taken. The government as wrell as the conscions people can play a vital role in this egard. Public opihion most be taken to solve the problem.
Initatifes of the Govt to protect
Restriction on cutting hill
1/ Notwithstanding any thing contained in any other law for the time being in force, no person shall without the preuious sanction of an Authorized officer, cut or raze any hill wituin the area to which this Act opplies and such sanction shall be subject to such terms and conditions as the Authorized officer may think fuit to uimpose,
provided that no such sanction shall be granted without the pevious approval of the Government or such other authority as the Government may by notification in the ottical Gazette, specity in this behalt prouided turther that no such sanction shall be granted unless the Authorized officer and the govct or the authority specitied in the notitication mentioned in the first proviso is satistied that.
a. The cutting or razing of the hill shall not cause any serious damage to any hill building, structure or land adjacent to or in the vicinity of the hill
b. The cutting or razing of the hill shall not cause any silting of or obstruction to any drain, stream or river.
c. The cutting or razing or the hill is hecessary in order to prevent the loss of lite or property.
d. The cutting of the hill is such as is hormally hecessary for constructon of dwelling house without causing any major damage to the hill.
e. The cutting or razing of the hill is necessary in the public interest.
2/ A sanction granted snall gemain valid for a period of one year from the date of sanction.
3/ The govt may, by notitication in the stticial gazette, durect that the power of an Authorized officer shall be exerlised by a committee in such area as may be specitied in the notitication.
1.1Various Hill areas of Bangladesh:
BD is a country of 143.999 Km2 with population of 160 million people. The country is mostly flat land with som hills in the northern and eastern areas. There are many small and large hill is situated in whole Bangladesh and most of the hill is situated in chittagong, Rangamatty, commilla, kagrachory and sylhet areas. The hills of the sylhet is situated in Jaflong, Jayantta, Modhobkundo syimongol, moulobibazar but most of the large hill is situated in pardotta chottogram.
1.2Necessity of hill for envirohment
Chapter – 2
2.1 Why hill cutting: There are mohy geason for hill cutting. Human can hesitate to destroy and cutting the hill for personal profit. Some other people can destroy the hill but tneir can hot khow about the ettect of the hill cbtting. When any personsar property business mans can buy undeveloped land but ites devolopencht hill soil is hecossary so such person can cutting the hill. In the case of a building cohstruction human can cutting the hill for their personal protits
2.2 where it does happeht:
2.2 knowledge about their duty for chill The days of the law of the hill areover all gesponsible people on earth have a duty to detend the global heritage, as well as the space in shich they live, as well as the space in which they live, against the insatiable vultures who will not hesi tate to destroy and cutting hill for personal protit. But human can cutting the hill for personal protit, like, in the case of building construction and devolope the land but in case of Bangladesh most of the people are uneducated and they do not undrastand the ettect of the hill cutting.
2.4 I’m pacts of hill cutting:
1 Environ mental impact:
2 Impact to the human beings:
Will cutting is a very risky works, the hill cutting labour are man or women, At the time of cutting the hill they can tace many risk. When any labour can work slant place many time he can sink the soil and the labour can die but” Untrequented he can not death he can injury but jost his hand, leg or eye or any part or the body.
Chapter 1
Some Introducing Words
Bangladesh is one of the poorest countries in the world and its estimated prevalence rate of violence against women is extremely high which, In addition, children are exposed to severe forms of physical and mental violence at home, in the work place, in institutions and other public places. The nature and extent of violence against children irrespective of age, sex and class has been increasing day by day. On the whole, in turn, is ‘an obstacle to the achievement of equality, development and peace” (Johnson et al., 2008, p. 16) Due to a lack of reliable base-line surveys, the exact number of women affected by violence is unknown. In Bangladesh a large number of children are deprived of their basic human rights due to unacceptable health, nutrition and education as well as social conditions. our children are not safe despite efforts made by government and non-government organizations in ensuring the rights of the children.
Chapter 2
Offences and Punishments Under Nari O Shishu Nirjatan Daman Ain
Punishment for trafficking of child:
Section 6 provides that
i. Whoever fetches from abroad or dispatches or smuggles abroad a child for
any illegal or immoral purpose, or sells or purchases or keeps a child in his
possession, custody or security for such purpose, he shall be punished with
death or rigorous transportation for life and also with fine.
ii. If any person steals a newborn baby from a hospital, child or mother care
home, nursing home etc. or from the custody of the guardian of the child, he
shall be punished under sub-section (і).
Punishment for offences committed by corrosive or any other substances:
Section 4 provides that
i. Whoever causes death or attempts to cause death of any woman or a child
by burner, corrosive poisonous substance, he shall be punished with death or
transportation for life and also with fine not exceeding one lac taka.
ii. Whoever causes hurt to a child or a woman in consequence of which the
sight or ear is permanently damaged or any organ, joint or limb thereof is
disfigured any part of the body of the woman or the child is as such thata)
The sight or ear is damaged or face or breast or sexual organ is disfigured,
the person shall be punished with death or transportation for life and also
with fine not exceeding one lac taka.
b) In case where, any limb, joint or part of the body is disfigured or any part of the body is damaged, he shall be punished with imprisonment of either description which may extend to fourteen years but not less than seven years
of rigorous punishment and also with fine not exceeding fifty thousand taka.
iii. Whoever throws or attempts to throw any substance burner, caustic or poisonous over a child or a woman, he shall be punished, if the child or woman is injured physically, mentally or otherwise in consequence of such act, with rigorous imprisonment of either description which may extend to seven years but not less than three years and also with fine not exceeding fifty thousand taka.
iv. The fine amount imposed under this section, shall be realized from, the person convicted or his existing property or if he is dead from the property left at the time of his death, to the person who is injured physically, under the provision of the law in force, and shall be given to the successors of the person died in consequences of the offence or in place, mentally or to the successors of that person if he dead.
Punishment for trafficking of woman:
Section 5 provides that
i. If a woman is transferred through sale rent or otherwise to a prostitute or the caretaker of a brothel or the manager of it, the man transferring such, if not proved otherwise, shall be deemed to have sold or transferred the woman for the purpose of prostitution and shall also be punished under sub-section (і).
ii. Whoever fetches from abroad or dispatches or sends abroad for prostitution or, to engage a woman in illicit immoral act or sale or buy or, for the purpose of torturing her in rent or otherwise or, keeps a woman in his possession, custody or security for such purpose, he shall be punished with death or transportation for life or with rigorous imprisonment of either description which may extend to twenty years but not less than ten years and also with fine.
iii. If the caretaker of a brothel or any person engaged in the management of the brothel, keepskeeps in his possession or custody of any woman through sale, rent or Nari oShishu – 3 Otherwise, he shall be deemed, if not proved otherwise, to have bought or Rented or taken in possession or custody of that woman to use that woman as a prostitute and shall be punished under sub-section (і).
Punishment for taking ransom:
Section 8 provides that
Whoever detains a child or a woman to levy a ransom;
he shall be punished with death or with rigorous imprisonment for life and also with fine.
Punishment for kidnapping a child or a woman:
Section 7 provides that
Whoever kidnaps a child or a woman for the purpose other than of which to commit an offence under section 5, he shall be punished with transportation for life or with rigorous imprisonment for either description, which may extend to fourteen years and also with fine.
Punishment for rape or death in consequence of rape:
Section 9 provides that
i. Whoever commits rape with a woman or a child, shall be punished with rigorous imprisonment for life and with fine. Explanation: Whoever has sexual intercourse without lawful marriage with a woman not being under fourteen years of age, against her will or with her consent obtained, by putting her in fear or by fraud, or with a woman not being above fourteen years of age with or without her consent, he shall be said to commit rape.
ii. If in consequence of rape or any act by him after rape, the woman or the child so raped, died later, the man shall be punished with death or with
transportation for life and also with fine not exceeding one lac taka.
iii. If more than one man rape a woman or a child and that woman or child dies or is injured in consequences of that rape, each of the gang shall be punished with death or rigorous imprisonment for life and also with fine not exceeding one lac taka.
iv. Whoever attempts on a woman or a child) To cause death or hurt after rape, he shall be punished with rigorous imprisonment for life and also with fine.
Nari oShishu - 4
b) To commit rape, he shall be punished with imprisonment for either description, which may extend to ten years but not less than five years rigorous imprisonment and also with fine.
v. If a woman is raped in the police custody, each and every person, under whose custody the rape was committed and they all were directly responsible for safety of that woman, shall be punished for failure to provide safety, unless otherwise proved, with imprisonment for either description which may extend to ten years but not less than five years of rigorous imprisonment and also with fine.
Punishment for sexual oppression:
Section 10 provides that
i. Whoever, to satisfy his sexual urge illegally, touches the sexual organ or other organ of a woman or a child with any organ of his body or with any substance, his act shall be said to be sexual oppression and he shall be punished with imprisonment for either description which may extend to ten years but not less than two years of rigorous imprisonment and also with fine.
ii. Whoever , to his act shall be said. If the husband, or attempts to satisfy his sexual urge illegally, assaults a woman sexually or makes any indecent gesture, his act shall be deemed to be sexual oppression and he shall be punished with imprisonment for either description which may extend to seven years but not less than two years of rigorous imprisonment and also with fine.
Punishment for causing death for dowry:
Section 11 provides that
If the husband of a woman or his father, mother, guardian or any other person on behalf of the husband, causes death or attempts to cause death, cause hurt or attempts to cause hurt to the woman, the husband, the father, mother guardian, relative or any other person on his behalf, shall;
i. for causing death or attempt for causing death, be punished with transportation for life and also with fine, in both case;
ii. Be punished with transportation for life for causing hurt and with imprisonment for either description which may extend to fourteen years but not less than five years of rigorous punishment in case of attempt to hurt and also with fine in both the case.
Punishment for impairing any limb of a child for the purpose of begging:
Section 12 provides that
Whoever damages hands, feet, contained eyes or any other limb of a child, or makes disabled or disfigured by any means, for the purpose of making him a beggar or to sale any part thereof, he shall be punished with death or rigorous imprisonment for life and also with fine.
Provision regarding the child born in consequence of rape:
Section 13 provides that
Notwithstanding anything contained under any other law for the time being in force, any child born in consequence of a rape:- The maintenance of that child shall be borne by the person who commits rape;
Nari oShishu - 5
ii. the Tribunal may determine after the birth of the child, in whose custody the child shall be and how much money shall be provided to the legal guardian, by the person who commits rape, as expense for the maintenance of the child;
iii. this expense shall be provided for upto the period, the child attains twenty-one years if male and, marriage of the female child, if not disabled, and until the date he/she obtains the capability to earn his/her living, if disabled.
Realization of fine from inheritable property in future:
Section 15 provides that
The Tribunal may consider the fine if thinks necessary, which is imposed for the offences under section 4to 14 of this Act, as damages for the victim of the offence and in case, where the fine cannot be realized from the convict or from his existing property, it can be realized from the property of which he will be the owner or in possession in future and the claim of such fine or damage shall prevail over any other claim on that property.
Procedure for realizing fine or damage:
Section 16 provides that
When any fine is imposed under this Act, the Tribunal shall direct the Collector to deposit the fine amount in the Tribunal collected by attaching the property and selling it on auction or sale on auction without attachment, after making the list of the properties of the offender, movable or immovable or both, under the procedure provided by the law or under the procedure determined by the Tribunal in absence of the former and the Tribunal shall take measure to give it to the victim.
Punishment for filing any false case, complaint etc.:
Section 17 provides that
i. If any person files or causes to be filed any case or complaint against a person under this Act for the purpose of causing injury to that person, although he knows that he had not any proper or; legal ground to do so, the person filing or causing to be filed that case or complain shall be punished with rigorous imprisonment for either description which may extend to seven years and also with fine.
ii. The Tribunal can take cognizance and adjudicate any offence under subsection (і), on a written application by any person.
Nari oShishu - 6
Investigation of an offence:
Section 18 provides that
i. Any investigation of an offence under this Act shall be completed Within
the period of sixty days from the date, any information regarding the offence is received or the Magistrate passed the order for investigation; Provided that if the investigating officer satisfies the Tribunal by showing special causes that it is proper to extend the time for investigation for the end of justice, the Tribunal may order to complete the investigation within the extended period not more than thirty days.
ii. When the investigation is not completed within the period Prescribed
under sub-section (і), and if the Tribunal is satisfied, after the expiration of the prescribed period or at any time of the trial, on an application or for the end of justice, that the investigation is to be completed or in place, further investigation is needed, the Tribunal can direct to complete the investigation or further investigation within the extended period not more than thirty days.
iii. If the investigating officer fails to complete investigation within The
extended period under sub-section (іі), the Tribunal a) May direct the authority concerned to complete the investigation by any other officer within the period not more than thirty days; and b) May order the authority under which the investigating officer is, to take step against the officer who fails to complete the investigation within the period prescribed under this section, taking his failure as incompetence.
iv. If after the investigation Report is produced, the Tribunal is satisfied as such, considering any information in the report, that any accused person should be produced as a witness, the Tribunal can direct to regard the accused as a witness.
v. If, after the completion of a trial, it appears before the Tribunal that, the officer investigating an offence under this Act, has submitted the report without, collecting or considering any evidence which would be helpful in proving the offence, for the purpose of keeping away any person from the liability of the offence, or voluntary negligence in the investigation, or by producing a person as witness who should be produced as the accused, or without examining an important witness, the Tribunal can direct the authority under which he is, to take proper legal action against the investigating officer, regarding his act or negligence as incompetence or in place, mis-conduct.
vi. The Tribunal may, on an application or on the basis of any information, direct the concerning authority to appoint another officer in place of the officer investigating the offence.
Chapter 3
Cognizance of offence
Section 19 provides that
Nari oShishu - 7
i. All offences punishable under this Act shall also be cognizable.
ii. All offences under this Act shall be non-bailable.
iii. Subject to other provision under this Act no accused o punishable person shall be released on bail, ifa) the complainant does not get the opportunity for hearing on the application to release him; and
b) the Tribunal is satisfied as such, considering the complaint, that there is
sufficient ground for to be convicted, or
c) the person is , a woman or a child or physically disabled and the Tribunal is
not satisfied that justice will not be impeded if he is not released on bail.
Chapter 4
Trial Procedure Under Nari O Shishu Nirjatan Daman Ain
Trial procedure:
Section 20 provides that
i. The Nari O Shishu Nirjaatan Daman Tribunal, established under section 25 of this Act, shall try the Proceedings of any offence under this Act.
ii. If the trial commenced in the Tribunal, it shall be held on each working day until the completion of the trial.
iii. The Tribunal shall complete the adjudication within the period of one hundred and eighty days from the date the case was filed.
iv. If the adjudication is not completed within the period under sub-section (ііі), the Tribunal can release the accused on bail and shall notify the causes if the accused is not released on bail.
v. In case, the judge of the Tribunal is transferred before the completion of the adjudication, the judge replacing the former shall proceed from the stage of the adjudication on which the former was transferred and he need not to
examine the witness again whom the former already examined; Provided that, if the judge thinks inevitable to examine any witness once more for the ends of justice, he can call the witness and examine him, although he was previously examined.
vi. In case of adjudication of any offence under section 9, the Tribunal, on an application, can examine, if thinks fit, a woman raped or any witness in a closed door room.
vii. When a child is accused of committing an offence under this Act or is a witness of an offence, the provision of the Children Act 1974 (Act XXXIX of 1974) shall be followed as far as possible.
Trial in absence of the accused:
Section 21 provides that
i. If the Tribunal has reasonable ground to believe thata)
The accused is absconding or hiding himself to avid arrest or consign himself from trial; and
Nari oShishu - 8
i. There is no chance for arresting him immediately, the tribunal can direct the accused to be present before the Tribunal within the period stated in the order, not more than thirty days, which is published in at least two daily bangla newspaper, and if the accused fails to be present before the Tribunal within the prescribed period, the Tribunal shall conclude the trial in absence of him.
ii. If an accused abscond after, his appearance before the tribunal or he is
produced before the Tribunal or he is released on bail, the provision of subsection
iiі shall not apply to him and the Tribunal shall conclude the trial in
absence of him notifying the reasons of it.
Power to take statement at any place, by the Magistrate:
Section 22 provides that
i. If, any investigating police officer or any person investigating or any police officer while arresting the accused of an offence under this Act on the spot, thinks that the statement of a person, acquainted with or eye-witness of that offence, is needed to be written immediately by the Magistrate, he can request, in writing or otherwise, to a first class Magistrate to take the statement of the person in writing.
ii. The Magistrate under sub-section (і) shall take the statement on the spot or any other proper place and send it to the investigating officer or person to produce it before the Tribunal along with the investigation report.
iii. If the trial of an accused of an offence under this Act. (іі) is needed, but he is dead or incapable of giving evidence or he cannot be found or the attendance of the witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case would b unreasonable, the Tribunal can take the statement as evidence for the case: commences before the Tribunal and it appears that the evidence of the person giving statement under sub-section Provided that the Tribunal cannot punish the accused only on that evidence.
Evidence by the Chemist, Pathologist etc.:
Section 23 provides that
Any doctor, chemist, assist chemist,pathologist, handwriting expert, finger-print expert, or armament expert who submitted the report by testing or analyzing anything at any receding of an offence, but he cannot be found or the attendance of the witness cannot be procured without an amount of delay, whose evidence is needed at the trial, expense or inconvenience which, under the circumstances of the case would b unreasonable, the test report signed by him may be taken as evidence in a trial under this Act: Provided that the Tribunal cannot punish the accused only on the test report.
Appearance of the witness:
Section 24 provides that
i. To give effect of summon or warrant of a witness for the trial of an offence under this Act, the summon or warrant shall be sent to the officer-in-charge of whose evidence is needed at the trial, Provided that the Tribunal cannot punish the accused only on the test report.
Nari oShishu - 9
The Thana, in which the latest address of the witness is situated and the liability lies on that officer- in charge to produce the witness before the Tribunal.
ii. Notwithstanding the provision under sub-section (і), a copy of the summon of the witness shall be sent to the witness concerned and to the District Police Super or in place, to the Police Commissioner, along with the acknowledgement letter by registered post.
iii. If any police officer acts negligently in giving effect of the summon or warrant under this Act, the Tribunal can direct the authority under which the officer is, t take step against him also notifying his act as incompetence.
Chapter 5
Application of the Code of Criminal Procedure etc.:
Section 25 provides that
i. Except other wise provided under this Act, the provision of the Code of Criminal procedure shall be followed regarding submission of a complaint, investigation, trial and settlement of any offence and the Tribunal shall be treated as a court of Session and it can apply all powers of a Court of Session while trying any offence under this Act or any other offence thereof.
ii. The person applying before the Tribunal on behalf of the complainant shall be called as the Public Prosecutor.
Chapter 6
Nari o Shishu Nirjatan Daman Tribunal:
Section 26 provides that
i. There shall be a Tribunal in each District Sadar to try offences under this Act and the Government may, if it thinks necessary, establish more than one Tribunal in that district; such tribunal shall be called as Nari o Shishu Nirjatan Daman Tribunal.
ii. The Tribunal shall consist of one Judge and the Government shall appoint the Judge among the District or Session Judges.
iii. The Government shall appoint the District or Session Judge as the Judge of the Tribunal in addition to his duty.
iv. Under the section District Judge or Session Judge shall also include
Additional District Judge and the Additional Session Judge respectively.
Jurisdiction of the Tribunal:
Section 27 provides
i. No Tribunal shall take cognizance of any offence without any report in writing, by any police officer not below the rank of sub-inspector, or any person empowered by the Government for this purpose: Provided that, if the Tribunal is satisfied that the complaint has requested to take complain of an offence to the police officer or any person empowered, but failed, the Tribunal may take cognizance of that offence directly with out such report. Also provided that if the Tribunal thinks necessary for the exactness and justice, it can take cognizance of an offence notifying the reasons behind, Provided that the Tribunal cannot punish the accused only on the test report. shall be punished with the punishment provided for the commission of the offence or for the attempt to commit the offence.
Nari oShishu - 10
i. Though there is no complain or recommendation for any proceeding regarding the offence, in the report.
ii. When any offence or part there of, ifs committed in the jurisdiction of a Tribunal or the place where the offender or where more than one offender, one of them is found, is under the jurisdiction of that Tribunal, the report on the complaint shall be taken for cognizance in that Tribunal and the Tribunal shall try the offence.
iii. If any offence under this Act is related with another, as such that the offences are needed to be tried together or in a single trial for the ends of justice, the other offence shall be tried with the offence under this Act, together or in the same Tribunal, following the provision of this Act.
Confirmation of death penalty:
Section 29 provides when any Tribunal under this Act passes the sentence of death, the proceeding shall immediately be sent to the High Court Division according to the provision of section 374 of the Code of Criminal Procedure and the sentence shall not be executed unless it is confirmed by the High Court Division.
Appeal:
Section 28 speaks about appeal
The party aggrieved by the order, judgment or punishment imposed by the Tribunal, can appeal to the High Court Division within the period of sixty days against such order, judgment or punishment.
Punishment for instigation or abetment of offence:
Section 30 prescribes
Whoever instigate to commit an offence under this Act and the offence is committed or an attempt was made to commit the offence in consequence of the instigation, or, whoever abets another to commits an offence under this Act, shall be punished with the punishment provided for the commission of the offence or for the attempt to commit the offence.
Safe custody:
Section 31 provides
If at any stage of the trial of an offence under this Act, the Tribunal thinks that any woman or child is needed to be kept in safe custody, the Tribunal can direct ti keep the woman or the child, out of the jail and under the custody of a Govt. authority determined by the Govt. for this purpose or under the custody of a person or organization whom the tribunal thinks proper.
Medical test of a woman or a child being raped:
Section 32 provides
i. Medical test of a woman or a child being raped shall be taken no sooner had the rape is committed.
ii. If the medical test is not taken immediately under sub-section (і), the Tribunal can direct the appointing authority of the doctor to take step against him for negligence in duty.
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