CY B E R L AW I N CR I M INAL AND C IVIL C ONT E X TS
Code of Civil Procedure (CPC), 1908
S UMMARY
Provides the framework for procedures of civil courts.
AP PL ICAB IL IT Y TO RO H I NGYA
This Code applies to the whole of Bangladesh, and Part IV, Section 83, provides that foreigners may sue in
Bangladeshi courts “as if they were citizens.” Therefore, Rohingya in Bangladesh are arguably covered by this Code.
P ROTECTIO N N OT ES
The CPC provides that civil courts can exercise jurisdiction over any civil dispute if the “cause of action” arises
in Bangladesh or if the defendant resides in Bangladesh.
Civil courts should permit claims by Rohingya under jurisdictional provisions of the CPC and through liberal
interpretation of those jurisdiction clauses found in Sections 9-24 and Section 83.
If they are permitted to access civil courts, this law would provide a number of important protections to
Rohingya, including ensuring their access to lowest-tier civil courts situated in districts, as well as the ability to
resort to Alternative Dispute Resolution processes (as per Section 89 and others).
Contract Act, 1872
S UMMARY
Provides for the governance of contracts and defines remedies in case of breach of contracts.
AP PL ICAB IL IT Y TO RO H I NGYA
This Act applies to the whole of Bangladesh without reference to citizenship. Therefore, Rohingya in Bangladesh
are arguably covered by this Act.
P ROTECTIO N N OT ES
Any civil dispute that has its origin in Bangladesh can be litigated by foreigners. All protections available under
this law should be available to Rohingya, including the right to enter into contracts, enforce contracts, and sue
and receive compensation if contracts are violated.
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BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH