Crimes under the Nari o Shishu Nirjatan Daman Ain, 2000
The Nari o Shishu Nirjatan Daman Ain, 2000 (Women and Children Repression Prevention Act) is a special law enacted to address serious crimes involving violence against women and children in Bangladesh. This Act prescribes stringent punishment for offenses such as rape, dowry-related violence, trafficking, acid attacks, and sexual abuse.
The law is special in nature and overrides provisions of the Penal Code in matters relating to women and children when applicable.
Key Features of the Act
- Specially designated Tribunals for speedy trial
- Provision for death penalty, life imprisonment, and fines
- Victim-friendly provisions including in-camera trials
- Recognizes attempts, abetment, and conspiracy to commit listed crimes
Major Crimes Punishable under the Act
1. Rape – Sections 9(1) and 9(2)
- Section 9(1): Rape of a woman
- Punishment: Death penalty or life imprisonment and fine
- Section 9(2): Rape of a child under 16 years
- Punishment: Death penalty, or life imprisonment and fine
Aggravated forms, such as gang rape or rape followed by murder, carry mandatory capital punishment.
2. Death Due to Dowry – Section 11
- If a woman dies due to physical or mental torture related to dowry demands
- Punishment: Death penalty, or life imprisonment, and fine
- Presumption clause: If death occurs within 7 years of marriage and evidence of torture exists, the burden shifts to the accused
3. Attempt to Commit Rape – Section 10
- Any attempt to rape or sexual assault
- Punishment: Up to 10 years’ imprisonment and fine
4. Sexual Harassment – Section 10
- Any sexual assault or molestation, including offensive physical contact or behavior
- Punishment: Minimum 3 years to 10 years’ imprisonment, and fine
This provision is commonly used to address harassment in educational institutions and workplaces.
5. Trafficking of Women and Children – Section 5
- Selling, buying, or transporting women or children for prostitution or unlawful purposes
- Punishment: Death penalty or life imprisonment, and fine
6. Kidnapping for Unlawful Purpose – Section 7
- Kidnapping or abduction of a woman or child for:
- Rape
- Forced marriage
- Prostitution
- Punishment: Death penalty, or life imprisonment, and fine
7. Acid Throwing – Section 4
- Throwing or attempting to throw acid with intent to injure a woman or child
- Punishment:
- If death occurs: Death penalty or life imprisonment
- If injury causes disfigurement or disability: Up to 14 years to life imprisonment
Note: This Act works in conjunction with the Acid Control Act, 2002
8. Causing Death of Child After Rape – Section 9(3)
- If a child dies after being raped
- Punishment: Mandatory death penalty
9. Causing Injury to Extract Dowry – Section 11(c)
- Physically or mentally torturing a woman to extract dowry
- Punishment: 3 to 12 years’ imprisonment, and fine
10. Murder After Rape or Dowry Torture – Section 9(3), 11
- If a woman or child is murdered following rape or dowry-related torture
- Punishment: Mandatory death sentence
Attempt, Abetment, and Conspiracy
- Section 15: Anyone who abets, conspires, or attempts to commit any crime under this Act is punishable with the same penalties as the principal offender.
Cognizance and Trial Procedure
- Cases are cognizable, non-bailable, and triable exclusively by Women and Children Repression Prevention Tribunals
- Trials are to be completed within 180 days
- Medical evidence, victim’s testimony, and confessional statements are considered crucial
- Special protection for victim’s identity and provision for in-camera hearings
Bail Restrictions
- Bail is generally not granted in serious cases like rape or murder unless the court is satisfied there are reasonable grounds for innocence
- Courts must record reasons in writing if bail is granted
Filing a Case
- Complaint can be filed by:
- Victim
- Guardian or relative
- Any person on behalf of the victim
- Police officer on receiving information
- FIR is registered at the local police station and forwarded to the tribunal within 24 hours
Summary Table of Key Offenses and Punishments
| Offense | Section | Punishment |
|---|---|---|
| Rape (adult) | 9(1) | Death or life imprisonment + fine |
| Rape (minor) | 9(2) | Death or life imprisonment + fine |
| Attempted rape | 10 | 3–10 years’ imprisonment + fine |
| Sexual harassment | 10 | 3–10 years’ imprisonment + fine |
| Acid throwing | 4 | Death, life imprisonment or 14 years |
| Dowry death | 11(a) | Death or life imprisonment + fine |
| Torture for dowry | 11(c) | 3–12 years’ imprisonment + fine |
| Trafficking | 5 | Death or life imprisonment + fine |
| Kidnapping for illegal purpose | 7 | Death or life imprisonment + fine |
| Murder after rape/dowry torture | 9(3),11 | Mandatory death penalty |
The Nari o Shishu Nirjatan Daman Ain, 2000 remains a powerful legal tool to combat gender-based violence and child abuse in Bangladesh. Strict punishment, special tribunals, and victim-oriented procedures reflect the state’s commitment to ensuring justice for vulnerable populations.
0 Comments