Death Penalty Offenses in Bangladesh

Md. Ziaur Rahman:

Death eligible offenses in Bangladesh is not compiled in single law, rather it  can be found in separate statutory laws which are enacted to deal with different kinds of offenses. Bangladesh legal system recognizes total 60 death eligible offenses in different laws, 42 for the ordinary people and rest 18 for the military personnel. There are six mandatory death punishments in Bangladesh, one in the highest law of the law-Constitution of Bangladesh, three in ordinary law and two in military laws; 1. Offense of abrogate, suspension of Constitution under Article 7A of the Constitution, 2. punishment for murder of life convict under section 303 of Penal Code, 3. attempt to murder by life convict under section 307 of Penal Code, 4. Causing death for not paying dowry under section 11(a) of Woman and Child Repression Prevention Act, 5. mutiny under section 37 of Air Force Act and lastly and 6. mutiny under section 36 of Navy Ordinance.

1.1.1 Death Eligible Offenses under Penal Code-1860

There are 10 (ten) offenses in Penal Code which are death eligible. Two these offenses has a mandatory death penalty.

1. Waging war: Whoever wage or attempt to wage or encourage war against Bangladesh may be sentenced to death.[1]
2. Abetting Mutiny: Whoever abets mutiny, which occurs as a consequence thereof, may be sentenced to death.[2]
3. False evidence: Whoever gives false or fabricating evidence which results in an innocent person’s execution may be sentenced to death.[3]
4. Murder: Whoever commits murder may be sentenced to death.[4]
5. Murder by life-convict: Whoever, being under sentence of life imprisonment, commits murder shall be sentenced to death.[5]
6. Abetting suicide of child or insane person: Whoever abets the suicide of child, insane, delirious, idiot or intoxicated person may be sentenced to death.[6]

• Attempt to murder by a life convict: Whoever is under sentence of imprisonment for life causes any hurt to any person shall be sentenced to death.[7]
• Grievous hurt by corrosive substance: Whoever causes grievous hurt in the eyes either by gouging out the same or by means of any corrosive substance may be sentenced to death.[8]

9. Kidnapping underage: Whoever kidnaps or abducts any child less than 10 years intend to murder, grievous hurt, slavery or to the lust may be sentenced to death.[9]
10. Dacoity with murder: If a person commits murder in committing a five or more people dacoity, every one of those persons may be sentenced to death.[10]

1.1.2 Death Eligible Offenses under the Arms Act-1878

Only one offense is death eligible under this Act which is as follows:

1. Keeping arms for murder: Whoever armed with a pistol, revolver, rifle or other firearm or has any such firearm in his possession or control for murder may be sentenced to death.[11]

 1.1.3 Death Eligible Offenses under The Constitution of the People’s Republic of Bangladesh-1972

1. Offense of abrogate, suspension of Constitution: If any person by any unconstitutional means abrogates, suspends, repeal constitution or attempt, he shall be sentenced to the highest punishment.[12]

 1.1.4 Death Eligible Offenses under International Crimes (Tribunals) Act -1973

Under the provisions International Crimes (Tribunals) Act -1973, only 1 (one) offense is death eligible which is as follows:

1. War Crimes: Death sentence may be awarded as punishment for the offenses of crime against humanity, crime against peace and genocide.[13]

 1.1.5 Death Eligible Offenses under Special Power Act-1974

This act was enacted just after independence of Bangladesh to strike hard against the smugglers and evil elements of the state. 7 (seven) offenses under the provisions of Special Power Act-1974 are death eligible.

1. Sabotage: If any person shall do any act of sabotage, he may be sentenced to death.[14]
2. Dealing in black-market: Whoever is found guilty of the offence of hoarding or dealing in the black-market may be sentenced to death.[15]
3. Counterfeiting currency-notes and Government stamps: Whoever counterfeits any currency-note or Government stamp or sell, buy or receive such instruments may be sentenced to death.[16]
4. Smuggling: Whoever smuggles in or out of Bangladesh any prohibited goods may be sentenced to death.[17]

• Adulteration: Whoever adulterates food or drug or sells, or offers or exposes for sale may be sentenced to death.[18]
• Attempt or abet: Whoever attempts or conspires or makes preparation to commit or abets any offense punishable shall be punishable with same penalty punishment provided for the offense.[19]

 1.1.6 Death Eligible Offenses under Flight Safety Protection Act-1997

Under the provisions of this Act, 3 (three) offenses are death eligible which are:

1. Flight Hijacking: If any one by illegal force or by any other way hijack aircraft or try or assist to hijack, he may be sentenced to death.[20]
2. On-board violence: If a person unlawfully and deliberately acts violently interfere with the safety of the aircraft or destroy or damage it then he may be sentenced to death.[21]
3. Destruction of air traffic infrastructure: If a person destroys the infrastructure or other facilities for the purpose of disrupt the flight, he may be sentenced to death.[22]

 1.1.7 Death Eligible Offenses under Woman and Child Repression Prevention Act- 2000

This is a special act to protect children and woman from severe kind of oppression. This Act is mainly penal in nature. 8 (eight) offenses under this act deals with maximum punishment of which one has mandatory death penalty.

1. Death with flammable elements: If a person tries to cause death of a child or woman by burner, decay or toxic substance, then the person may be sentenced to death.[23]
2. Destruction of eye sight or hearing and disfiguration of face: A person causing hurt to woman or child with flammable elements which result in destruction of eye sight or hearing and disfiguration of face, breast or sex organ, may be sentenced to death.[24]
3. Detaining for ransom: If a person detains a woman or child for the purpose of ransom, then that person may be sentenced to death.[25]
4. Causing death by rape: If a woman or a child is raped by a person and is killed after her rape or other activities after her rape, then the person may be sentenced to death.[26]
5. Gang Rape: If more than one person rape a woman or child and if the victim dies or is injured due to the rape, then every person may be sentenced to death.[27]
6. Causing death for not paying dowry: If a woman’s husband or husband’s relative attempt to cause death of a woman for dowry, then the husband or the relatives shall be sentenced to death.[28]
7. Destroying organs for selling or begging: If a person destroys the hands, feet, eyes or any organ of a child for begging or selling organs, then the person may be sentenced to death.[29]
8. Abetting the above offenses: If a person provoked or helped to commit above offense and if that crime is committed may be punished with same penalty with the executor.[30]

 1.1.8 Death Eligible Offenses under Acid Offense Prevention Act 2002

To tackle horrible acid throwing offense, this act was enacted in 2002. 3 (three) offenses are death eligible under this act which is as follows:

1. Death with acid: If a person causes another person to die by acid, then the person may be sentenced to death.[31]
2. Hurt with acid: If a person injures another by acid by which sight or hearing is damaged or face, breasts or genitals are distorted or destroyed may be sentenced to death.[32]
3. Abetting or aiding: If a person assisted in committing an offense under this Act, then that person shall be punishable with same sentences.[33]

1.1.9 Death Eligible Offenses under Anti-Terrorism Act-2009

Only 1 (one) offense is death eligible under this Act which is as follows:

1. Intimidate public safety or sovereignty: If a person, entity or foreign citizen intimidates the integrity, solidarity, public safety or sovereignty of Bangladesh, then he may be sentenced to death.[34]

1.1.10 Death Eligible Offenses under Human Trafficking Prevention and Suppression Act- 2012

Only 1 (one) offense is death eligible under this Act which is as follows:

1. Offense committed by confederate group: Every member of a confederated group for committing any offense for the common purpose of generating any financial or other material or immovable profits may be sentenced to death.[35]
   

1.1.11 Death Eligible Offenses in Narcotic Control Act, 2018

Under the provisions of this Act, 6 (six) offenses are death eligible which are as follows:

1. Production of Heroin etc.: If anyone illegally cultivates, produces, transport, export or import Heroin, Cocaine and Cocaine derivatives drugs in excess of 25 grams or milliliters, then he may be sentenced to death.[36]
2. Supply of Heroin etc.: If anyone illegally supply, purchase, sell, transfer, accept, transmit, trade, auction, possession, preservation and display Heroin, Cocaine and Cocaine derivatives drugs in excess of 25 grams or milliliters, he may be sentenced to death.[37]
3. Production of Amphetamine (Yaba) etc.: If anyone illegally cultivates, produces, transport, export or import Amphetamine (Yaba), Methyl Amphetamine, Amphetamine derivatives drugs, in excess of 200 grams or milliliters, he may be sentenced to death.[38]
4. Supply of Amphetamine (Yaba) etc.: If anyone illegally supply, purchase, sell, transfer, accept, transmit, trade, auction, possession, preservation and display Amphetamine (Yaba), Methyl Amphetamine, Amphetamine derivatives drugs in excess of 400 grams or milliliters, he may be sentenced to death.[39]

5 Production of morphine etc.: If anyone illegally cultivates, produces, transport, export or import morphine, methobromide and other pentavalent nitrogen morphine derivatives drugs in excess of 25 grams or milliliters, he may be sentenced to death.[40]

6. Supply of morphine etc.: If anyone illegally supply, purchase, sell, transfer, accept, transmit, trade, auction, possession, preservation and display morphine, methobromide and other pentavalent derivatives drugs in excess of 50 grams or milliliters, he may be sentenced to death.[41]

In Bangladesh, there are 5 (five) laws to deal with defense personnel of army, air, navy, border force and coast guard. Each of defense force has their own law.

1.1.12 Death Eligible Offenses under the Army Act 1952

Under the provisions of Army Act 1952, 3 (three) offenses are death eligible which are:

1. Disobeying command: Any person who shamefully abandons post or guard or compel or induce any commanding officer to do so or shamefully cast away his arms or behaves like cowardice or treacherously holds correspondence with or communicates intelligence may be sentenced to death.[42]
2. Mutiny and insubordination: Any person, who begins, incites, causes, or conspires with any other person to cause or joins in any mutiny in the military, naval or air forces of Bangladesh or may be sentenced to death.[43]
3. Abetment: Any person who abets the commission of any offense shall be punished with the punishment provided for such offense in this Act.[44]

1.1.13 Death Eligible Offenses in Air Force Act, 1953

Under the provisions of Offense under Air Force Act, 1953, 3 (three) offenses are death eligible, one of which is mandatory.

1. Disobeying command: Any person who shamefully abandons post or guard or compel or induce any commanding officer to do so or shamefully cast away his arms or misbehaves like cowardice or treacherously holds correspondence with or communicates intelligence may be sentenced to death.[45]
2. Mutiny: Any person, who begins, incites, causes, or conspires with any other person to cause or joins in any mutiny in the military, naval or air forces of Bangladesh or shall be sentenced to death.[46]
3. Abetment: Any person who abets the commission of any offense shall be punished with the punishment provided for such offense in this Act.[47]

1.1.14 Death Eligible Offenses under  Navy Ordinance, 1961

Under the provisions of Navy Ordinance, 1961, 7 (seven) offenses are death eligible one of which is mandatory.

1. Misconduct by persons in command: Anyone being in command of any of the naval ships, naval vessels or naval establishments fails to use his utmost exertions to bring into action, surrenders any such ship, vessel or establishment to the enemy, may be sentenced to death if the offense is committed with the intent to assist the enemy.[48]
2. Misconduct by other officer and men: Every person who fails when ordered to prepare for action by or against the enemy or to carry the lawful orders of his superior officers may be sentenced to death if the offense is committed with the intent to assist the enemy.[49]
3. Willfully delays or discourages: Every person who willfully delays or discourages any action or service which has been commanded may be sentenced to death if the offense is committed with the intent to assist the enemy.[50]
4. Collaborating with the enemy: Every person who communicates with or gives intelligence to the enemy or fails to inform any information received from the enemy may be sentenced to death if the offense is committed with the intent to assist the enemy.[51]
5. Mutiny: Every person who takes part in a mutiny involving the use of criminal force or the threat whether actual or intended, shall be sentenced to death.[52]
6. Failure to suppress mutiny: Every person who, knowing or having reason to believe that a mutiny is taking place fails to suppress or prevent it; or fails to report may be sentenced to death if the offense is committed with the intent to assist the enemy.[53]
7. Abetment: Every person who abets the commission of any offenses shall whether offense is committed or not shall be liable to suffer the punishment provided for that offence.[54]

1.1.15 Death Eligible Offenses in Bangladesh Coast Guard Act 2016

Under the provisions of Offense under Navy Ordinance, 1961, 2 (two) offenses are death eligible which are:

• Mutiny: If a person caused rebellion, or engaged in conspiracies or joined the rebellion, or being present in any rebellion do not take appropriate efforts or steps to suppress it he may be sentenced to death.[55]

2. Provocation: If a person incites another person to commit an offense then he shall be sentenced by the in the relevant section of this Act.[56]

1.1.16 Death Eligible Offenses under Bangladesh Border Guard Act-2010

Under the provisions of Offense under Bangladesh Border Guard Act-2010, 2 (two) offenses are death eligible which is:

1. Mutiny: If a person caused rebellion, or engaged in conspiracies or joined the rebellion, or being present in any rebellion do not take appropriate efforts or steps to suppress it he may be sentenced to death.[57]
2. Provocation: If a person induces or incites another person to commit an offense, then he shall be punished by the Border Guard Court with the same punishment prescribe for that offense.[58]

1.1.17 Death Eligible Offenses under Bangladesh Coast Guard Act 2016

Under the provisions of Offense under Bangladesh Coast Guard Act, two offenses are death eligible which are:

• Mutiny: If a person caused rebellion, or engaged in conspiracies or joined the rebellion, or being present in any rebellion do not take appropriate efforts or steps to suppress it he may be sentenced to death.[59]

2. Provocation: If a person incites another person to commit an offense then he shall be sentenced by the in the relevant section of this Act.[60]

[1] Sec.121, PC

[2] Sec. 132, PC

[3] Sec. 194, PC

[4] Sec. 302, PC

[5] Sec. 303, PC

[6] Sec. 305, PC

[7] Sec. 307, PC

[8] Sec. 326A, PC

[9] Sec. 364A, PC

[10] Sec. 396, PC

[11] Sec 20A, The Arms Act 1878

[12] Art.7A, Constitution

[13] sec. 20 International Crimes (Tribunals) Act-1973

[14] Sec 15, Special Power Act

[15] Sec. 25, Special Power Act

[16] Sec. 25A, Special Power Act

[17] Sec. 25B(1), Special Power Act

[18] Sec. 25C (1), Special Power Act

[19] Sec. 25D, Special Power Act

[20] sec. 11(3), Flight Safety Protection Act

[21] sec. 13(1), Flight Safety Protection Act

[22] sec. 14, Flight Safety Protection Act

[23] Sec. 4(1), Woman and Child Repression Prevention Act

[24] Sec. 4(1)(a), Woman and Child Repression Prevention Act

[25] Sec.  8, Woman and Child Repression Prevention Act

[26] Sec. 9(2), Woman and Child Repression Prevention Act

[27] Sec. 9(3), Woman and Child Repression Prevention Act

[28] Sec. 11 (a) Woman and Child Repression Prevention Act

[29] Sec. 12, Woman and Child Repression Prevention Act

[30] Sec. 30, Woman and Child Repression Prevention Act

[31] Section 4, Acid Offense Prevention Act

[32] Section 5 (a), Acid Offense Prevention Act 2002

[33] Section 7, Acid Offense Prevention Act 2002

[34] Section 6(1), Anti Terrorism Act-2009

[35] Section 7, Human Trafficking Prevention and Suppression Act, 2012

[36] Table 7 (c) of section 36, Narcotic Control Act

[37] Table 8 (c) of section 36, Narcotic Control Act

[38] Table 9 (c) of section 36, Narcotic Control Act

[39] Table 10 (c) of section 36, Narcotic Control Act

[40] Table 11 (c) of section 36, Narcotic Control Act

[41] Table 12 (c) of section 36, Narcotic Control Act

[42] Sec. 24, Army Act

[43] Sec. 31, Army Act

[44] Sec. 58, Army Act

[45] Sec. 34, Air Force Act

[46] Sec. 37, Air Force Act

[47] Sec. 68, Air Force Act

[48]     Sec. 29, The Navy Ordinance

[49] Sec. 30, The Navy Ordinance

[50] Sec. 31, The Navy Ordinance

[51] Sec. 32, The Navy Ordinance

[52] Sec. 36, The Navy Ordinance

[53] Sec. 37, The Navy Ordinance

[54] Sec. 77, The navy Ordinance

[55] Sec. 29, Bangladesh Coast Guard Act

[56] Sec. 53, Bangladesh Coast Guard Act

[57] Sec. 28, Bangladesh Border Guard Act

[58] Sec. 52, Bangladesh Border Guard Act

[59] Sec. 29, Bangladesh Coast Guard Act

[60] Sec. 53, Bangladesh Coast Guard Act

The writer is a Chief Judicial Magistrate, Magura

email: judgezia@gmail.com