CR I MI N A L L AW A N D FAIR T RIAL RIGHTS
PROTECTIO N NOT ES
Punishments for the offences defined in this Act range from a maximum of five years’ imprisonment and fine of
200,000 taka to a maximum of ten years’ imprisonment and fine of 500,000 taka for offences involving children.
If charged under this Act, Rohingya who are eligible should be provided legal assistance under the Legal
Aid Services Act and be afforded legal and constitutional guarantees of presumption of innocence, prompt
notification of charges, and the right to appeal as per Articles 33, 35, and 44 of the Constitution, and in
accordance with the provisions of the CrPC. In accordance with Section 12, Rohingya convicted of an offence
under this Act should be entitled to appeal their conviction to the appropriate court within 30 days of receipt of
the relevant judgment or order.
It should be noted that, while Section 4 of this Act states that “pornography may not be produced, stored,
marketed, carried, supplied, purchased, sold, retained or displayed,” the mere possession or viewing of
pornographic material is not explicitly made a punishable criminal offence by this Act. The Act defines
pornographic materials in an expansive manner, including “any obscene dialogues, performances, gestures,
nude or half-naked dances that cause sexual arousal that are captured and displayed in movies, video images,
audio-visual images, still images, graphics or any other means and which have no artistic or educational value;
pornographic books, periodicals, sculptures, statues, cartoons or leaflets that cause sexual arousal” (Section 2.c).
Narcotics Control Act, 2018 (as amended up to
2020)
S UMMARY
Provides that certain acts related to the production, supply, and smuggling of narcotics are punishable
offences. Also provides for the treatment and rehabilitation of “drug addicts.”
A PPL ICAB IL IT Y TO RO H I NGYA
This Act applies to the whole of Bangladesh without reference to citizenship. Therefore, Rohingya charged
with the following offences in Bangladesh are covered by this Act: production of narcotics except alcohol,
encompassing cultivation, production, processing, carrying, transportation, import, export, supply, purchase,
sale, possession, preservation, warehousing, exhibition or use.
PROTECTIO N NOT ES
If charged under this Act, Rohingya who are eligible should be provided legal assistance under the Legal
Aid Services Act and be afforded legal and constitutional guarantees of presumption of innocence, prompt
notification of charges, and the right to appeal as per Articles 31, 32, 33, 35, and 44 of the Constitution, and in
accordance with the provisions of the CrPC. Additionally, the provisions of the Children’s Act are to apply where
a child is accused of an offence under this Act (Section 52).
All searches and seizures conducted by police in the investigation of narcotics offences are subject to the
provisions of the CrPC (Section 21), and illegal or harassing searches, seizure, or arrests by police are punishable
by a maximum of one year’s imprisonment and/or fine (Section 39).
Section 44 states that offences under this Act are to be tried by a court of competent jurisdiction, according to
the severity of the offence. Although Section 57 states that Mobile Courts may try offences committed under
this Act, the High Court Division has challenged the legality of this provision of the law.42 Bail may be granted by
the court/tribunal where the State has been given an opportunity to hear the accused’s application for release
and the tribunal does not believe that the trial will result in a conviction, as well as in the case of women,
children, or physically ill defendants where the tribunal is satisfied that their release on bail will not impair
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BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH