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Monday, December 31, 2012

Punishment for rape under Bangladeshi laws



Rape is not a new issue but recently the number of committing rape has been increased. So every people of the country should know about the punishment for rape.

What is rape? Generally speaking rape is a sexual intercourse with a woman without her consent. According to section 375 of the Bangladeshi penal code 1860 (Act XLV of 1860) - A man is said to commit "rape" who except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the five following descriptions:
Firstly, Against her will.
Secondly. Without her consent.
Thirdly. With her consent, when her consent has been obtained by putting her in fear of death, or of hurt.
Fourthly. With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
Fifthly. With or without her consent, when she is under fourteen years of age.
Explanation. Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Exception. Sexual intercourse by a man with his own wife, the wife not being under thirteen years of age, is not rape.


Punishment for rape: punishment for rape has been described both The Prevention of Oppression against Women and Children Special Act 2003 ( Nari O Shishu Nirjatan Daman Bishesh Ain 2003) and The Bangladeshi Penal Code 1860.


Punishment for rape under The Nari O Shishu Nirjatan Daman Bishesh Ain 2003):
According to section 9 of this Act -
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.
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 rape under Penal Code:
According to section 376 of this Code -
Whoever commits rape shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, unless the woman raped is his own wife and is not under twelve years of age, in which case he shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

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