§ 1Short title, application and introduction
Sections47
LanguageEnglish
The Anti-Terrorism Act, 2009 is the principal legislation defining and penalising terrorist activities in Bangladesh. It applies to any person who commits, attempts to commit, or supports terrorist acts within Bangladesh or against Bangladeshi interests abroad. The Act defines a wide range of terrorist offences, including the use of explosives, firearms, or other lethal devices to cause death, serious injury, or property damage with the intent to intimidate the public or compel the government to act. Key mechanisms include the power of the government to declare any organisation as a terrorist organisation and to list individuals as terrorists (Section 18), to freeze and forfeit property used for or derived from terrorist activities (Sections 20, 34–35), and to prevent the financing of terrorism by criminalising the collection of funds for terrorist purposes (Section 7). The Act establishes a Review Committee for appeals against listing decisions (Section 19). Penalties include rigorous imprisonment up to life terms and fines, with enhanced penalties for acts causing death. Notable provisions include the jurisdiction of special courts to try terrorist offences (Sections 27–31), the admissibility of electronic communications as evidence (Section 21), and provisions for mutual legal assistance in terrorism-related matters (Section 38). The Act applies regardless of whether the offence was committed wholly or partly outside Bangladesh if directed against Bangladesh or its citizens. The Act remains in force and has been used extensively in terrorism-related prosecutions.
Full text · showing key sections
§ 2Definitions
Notwithstanding anything to the contrary to the subject or context, in this Act,-
(1)“offence” means an offence punishable under this Act;
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[(2) ‘Weapons’ means arms as defined in section 4 of the Arms Act, 1878 (Act 11 of 1878) and also includes any nuclear, chemical and biological weapons of any kind;]
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[(2) ‘Weapons’ means arms as defined in section 4 of the Arms Act, 1878 (Act 11 of 1878) and also includes any nuclear, chemical and biological weapons of any kind;]
(3)“Court” means the Court of Sessions Judge or, as the case may be, the Court of Additional Sessions Judge;
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[(3a) ‘Convention’ means the United Nations Conventions, Treaties and Protocols duly ratified by the Government of Bangladesh, which are included in Schedule 1 to this Act, and may, from time to time, be incorporated in Schedule 1 by the Government of Bangladesh, by notification in the Official Gazette;]
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[(3a) ‘Convention’ means the United Nations Conventions, Treaties and Protocols duly ratified by the Government of Bangladesh, which are included in Schedule 1 to this Act, and may, from time to time, be incorporated in Schedule 1 by the Government of Bangladesh, by notification in the Official Gazette;]
(4)“imprisonment” means imprisonment for any of the descriptions referred to in section 53 of the Penal Code;
(5)“Code of Criminal Procedure” or “Code of Procedure” means
Code of Criminal Procedure, 1898
(Act V of 1898);
Code of Criminal Procedure, 1898
(Act V of 1898);
(6)“ Schedule” means the Schedule to this Act;
(7)“Penal Code” means
Penal Code, 1860
(Act XLV of 1860);
Penal Code, 1860
(Act XLV of 1860);
(8)“flammable substance” means any substance which has a naturally high propensity to cause or extinguish or spread fire, such as octane, petrol, diesel, converted natural gas (C,N, G), gun powder, and any other flammable substance;
(9)“Bangladesh Bank” means
Bangladesh Bank Order, 1972
Bangladesh Bank established under (P.O.No.127 of 1972);
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[(10) ‘Bank’ means a banking company as defined in Section 5 (l) of the Bank Companies Act, 1991 (Act 14 of 1991) and includes any institution established as a bank under any other law or ordinance;]
Bangladesh Bank Order, 1972
Bangladesh Bank established under (P.O.No.127 of 1972);
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[(10) ‘Bank’ means a banking company as defined in Section 5 (l) of the Bank Companies Act, 1991 (Act 14 of 1991) and includes any institution established as a bank under any other law or ordinance;]
(11)“Judge” means the Sessions Judge, the Additional Sessions Judge or, as the case may be, the Judge of the Special Anti-Terrorism Tribunal;
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[(11a) ‘Foreign national’ means
Foreigners Act, 1946
(“foreigner” as defined in Section 2 (a) of Act No. XXXI of 1946);]
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[(11a) ‘Foreign national’ means
Foreigners Act, 1946
(“foreigner” as defined in Section 2 (a) of Act No. XXXI of 1946);]
(12)“Special Tribunal” means any Anti-Terrorism Special Tribunal constituted under section 28;
(13)“Explosives” means -
(a) Gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powder, fulminate mercury or any other metal, colored fire and any other substance used or produced for the purpose of producing an effective effect by explosion, or the effects of fireworks, whether or not they resemble the above-mentioned substances; and
(b) any part of a device, apparatus, apparatus or apparatus and fuses, rockets, percussion caps, detonators, catridges and ammunition of any kind, including any apparatus, apparatus, apparatus, apparatus or apparatus used for the purpose of, or assisting in, the generation of explosive materials and the making of explosives by or with any explosive substance;
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[(14) ‘Property‘ means - located inside or outside the country -
(a) funds or assets of any material or material, immovable or immovable, visible or invisible nature, whatever they may be acquired, and any legal document or instrument, including electronic or digital, indicating the ownership or ownership interest of such funds or assets, and any profit, dividend or other income or value derived or derived from such funds or assets;
QUERY LENGTH LIMIT EXCEEDED. MAX ALLOWED QUERY : 500 CHARS
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[(14a) ‘terrorist person’ means any natural person who commits an offence under section 6 (1), 10, 11, 12 or 13;
(a) Gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powder, fulminate mercury or any other metal, colored fire and any other substance used or produced for the purpose of producing an effective effect by explosion, or the effects of fireworks, whether or not they resemble the above-mentioned substances; and
(b) any part of a device, apparatus, apparatus or apparatus and fuses, rockets, percussion caps, detonators, catridges and ammunition of any kind, including any apparatus, apparatus, apparatus, apparatus or apparatus used for the purpose of, or assisting in, the generation of explosive materials and the making of explosives by or with any explosive substance;
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[(14) ‘Property‘ means - located inside or outside the country -
(a) funds or assets of any material or material, immovable or immovable, visible or invisible nature, whatever they may be acquired, and any legal document or instrument, including electronic or digital, indicating the ownership or ownership interest of such funds or assets, and any profit, dividend or other income or value derived or derived from such funds or assets;
QUERY LENGTH LIMIT EXCEEDED. MAX ALLOWED QUERY : 500 CHARS
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[(14a) ‘terrorist person’ means any natural person who commits an offence under section 6 (1), 10, 11, 12 or 13;
(14b)‘terrorist entity’ means any entity referred to in Schedule-2 or any entity committing an offence under section 6(1), 10, 11, 12 or 13 of this Act;
(14a)‘terrorist property’ means any property which-
(i) has been used or intends to be used in the commission of a terrorist act under this Act or in the commission of a similar class of offences under the law of a foreign State;
(i) in connection with any terrorist act;
(e) derived or acquired directly or indirectly through the commission of a terrorist act;
(e) has been collected, by any means, directly or indirectly, for the purpose of terrorist acts or for the purpose of being used to support a terrorist person or terrorist entity;
(e) funds arising from or directly or indirectly owned or controlled by a terrorist person or terrorist entity and from property owned or controlled by such person or entity, including property owned or controlled by such person or terrorist entity, acting on behalf of or under the direction of such person or terrorist entity;
(i) has been used or intends to be used in the commission of a terrorist act under this Act or in the commission of a similar class of offences under the law of a foreign State;
(i) in connection with any terrorist act;
(e) derived or acquired directly or indirectly through the commission of a terrorist act;
(e) has been collected, by any means, directly or indirectly, for the purpose of terrorist acts or for the purpose of being used to support a terrorist person or terrorist entity;
(e) funds arising from or directly or indirectly owned or controlled by a terrorist person or terrorist entity and from property owned or controlled by such person or entity, including property owned or controlled by such person or terrorist entity, acting on behalf of or under the direction of such person or terrorist entity;
(14d)‘Cooperative Society’ means
Cooperative Societies Act, 2001
(an institution authorized and registered under Act No. 47 of 2001);]
Cooperative Societies Act, 2001
(an institution authorized and registered under Act No. 47 of 2001);]
(15)“Evidence Act” means
Evidence Act, 1872
(Act I of 1872).
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[(16) ‘Suspicious transaction’ means such transaction-
Evidence Act, 1872
(Act I of 1872).
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[(16) ‘Suspicious transaction’ means such transaction-
(1)Which is different from the usual transaction type;
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[(2) In respect of a transaction in which it is assumed that-
(a) it arises from an offence under this Act;
(b) it relates to the financing of a terrorist act or the financing of a terrorist person or terrorist entity;]
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[(2) In respect of a transaction in which it is assumed that-
(a) it arises from an offence under this Act;
(b) it relates to the financing of a terrorist act or the financing of a terrorist person or terrorist entity;]
(3)that, for the purposes of this Act, any other transaction or transaction attempt, as may be specified by the Bangladesh Bank from time to time, in the directions issued;
(17)‘entity’ means any legal entity, statutory body, commercial or non-commercial body, group, partnership business, any association consisting of one or more persons including cooperatives;
(18)‘Financial institution’ means
Financial Institutions Act, 1993
(Financial Institutions as defined in Section 2(b) of Act 27 of 1993);
Financial Institutions Act, 1993
(Financial Institutions as defined in Section 2(b) of Act 27 of 1993);
(19)‘Insurer’ means
Insurance Act, 2010
Insurer as defined in section 2(25) of the (Act No. 13 of 2010);
Insurance Act, 2010
Insurer as defined in section 2(25) of the (Act No. 13 of 2010);
(20)‘Reporting agency’ means -
(A) Bank;
(i) financial institutions;
(e) the insurer;
(e) Money changers;
(u) any company or institution transmitting or transferring money or value;
(e) any other institution carrying on business with the permission of Bangladesh Bank;
(R) (1) Stock dealers and stock brokers
(A) Bank;
(i) financial institutions;
(e) the insurer;
(e) Money changers;
(u) any company or institution transmitting or transferring money or value;
(e) any other institution carrying on business with the permission of Bangladesh Bank;
(R) (1) Stock dealers and stock brokers
(2)Portfolio Manager and Merchant Banker
(3)Security Custodian
(4)Asset Manager;
(A) (1) Non-Profit Organizations (Non-Profit Organizations)
(A) (1) Non-Profit Organizations (Non-Profit Organizations)
(2)Non-Governmental Organizations (NGOs) and
(3)Co-operative societies;
(i) the real estate developer;
(o) dealers of precious metals or stones;
(o) trust and company service providers;
(ao) lawyers, notaries, other legal professionals and accountants;
(aa) any other institution declared by the Bangladesh Bank from time to time through circular issued with the approval of the Government;
(i) the real estate developer;
(o) dealers of precious metals or stones;
(o) trust and company service providers;
(ao) lawyers, notaries, other legal professionals and accountants;
(aa) any other institution declared by the Bangladesh Bank from time to time through circular issued with the approval of the Government;
(21)‘Money Changer’ means
Foreign Exchange Regulation Act, 1947
Persons or entities dealing in foreign exchange authorized by the Bank of Bangladesh under section 3 of (Act VII of 1947);
Foreign Exchange Regulation Act, 1947
Persons or entities dealing in foreign exchange authorized by the Bank of Bangladesh under section 3 of (Act VII of 1947);
(22)(a) ‘Stock Dealer and Stock Broker’ means the entity defined in Regulations 2 (g) and 2 (j) of the Securities and Exchange Commission (Stock Dealer, Stock Broker and Authorised Representative) Regulations, 2000 respectively;
(i) ‘Portfolio Manager and Merchant Banker’ means the entity defined in Regulations 2 (f) and 2 (j) of the Securities and Exchange Commission (Merchant Banker and Portfolio Manager) Rules, 1996 respectively;
(e) ‘Security Custodian’ means the institution as defined in Rule 2 (e) of the Securities and Exchange Commission (Security Custodial Services) Rules, 2003;
(e) ‘Asset Manager’ means the institution as defined in Rule 2 (d) of the Securities and Exchange Commission (Mutual Fund) Rules, 2001;
(i) ‘Portfolio Manager and Merchant Banker’ means the entity defined in Regulations 2 (f) and 2 (j) of the Securities and Exchange Commission (Merchant Banker and Portfolio Manager) Rules, 1996 respectively;
(e) ‘Security Custodian’ means the institution as defined in Rule 2 (e) of the Securities and Exchange Commission (Security Custodial Services) Rules, 2003;
(e) ‘Asset Manager’ means the institution as defined in Rule 2 (d) of the Securities and Exchange Commission (Mutual Fund) Rules, 2001;
(23)‘Non-profit organization/organisation’ means an organization certified under section 28 of the Companies Act (Bangladesh), 1994 (Act 18 of 1994);
(24)‘Non-Government Organisation’ means
Societies Registration Act, 1860
(XXI of 1860), Voluntary Social Welfare Agencies (Registration and Control) Ordinance. XLVI of 1961),
The Foreign Donations (Voluntary Activities) Regulation, 1978
(Ordinance No. XLVI of 1978),
Foreign Contributions (Regulation) Ordinance, 1982
(Ordinance No. XXXI of 1982)
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[***] and
Microcredit Regulatory Authority Act, 2006
Institutions authorized or registered under the Act 32 of 2006 which are-
(a) Receives funds (loans, grants, deposits) from local sources or provides them to others; and/or
(b) receives any kind of foreign aid or loans or grants;
Societies Registration Act, 1860
(XXI of 1860), Voluntary Social Welfare Agencies (Registration and Control) Ordinance. XLVI of 1961),
The Foreign Donations (Voluntary Activities) Regulation, 1978
(Ordinance No. XLVI of 1978),
Foreign Contributions (Regulation) Ordinance, 1982
(Ordinance No. XXXI of 1982)
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[***] and
Microcredit Regulatory Authority Act, 2006
Institutions authorized or registered under the Act 32 of 2006 which are-
(a) Receives funds (loans, grants, deposits) from local sources or provides them to others; and/or
(b) receives any kind of foreign aid or loans or grants;
(25)‘Bangladesh Financial Intelligence Unit (BFIU) ' means the Prevention of Money Laundering Act,
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[2012] Bangladesh Financial Intelligence Unit established in accordance with the provisions of section 24 (1) of the Act;
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[2012] Bangladesh Financial Intelligence Unit established in accordance with the provisions of section 24 (1) of the Act;
(26)‘material support’ means the provision by any person or entity of money, services or other property to any other person or entity, or any other support by which terrorist acts described under this Act have been or may be committed;
(27)‘High Court Division’ means the High Court Division of the Supreme Court of Bangladesh;
(28)‘Real Estate Developer’ means
Real Estate Development and Management Act, 2010
Any real estate developer or its officers or employees or agents who are involved in the construction and sale of land, house or house, commercial buildings and flats, etc., as defined in section 2 (15) of the (Act No. 48 of 2010);
Real Estate Development and Management Act, 2010
Any real estate developer or its officers or employees or agents who are involved in the construction and sale of land, house or house, commercial buildings and flats, etc., as defined in section 2 (15) of the (Act No. 48 of 2010);
(29)‘Trust and Company Service Provider’ means any person or business entity which is not defined in any other law and which provides services to any third party as follows:
(1)Acting as Agent of Establishment of a Legal Entity;
(2)to direct a legal entity, to act as secretary or to appoint any other person or to perform duties as a partner in a partnership business or to perform any other function equivalent to it;
(3)Acting as a registered agent of a legal entity;
(4)To act as a trustee of an express trust or to appoint someone else;
(5)To perform duties as a director or appoint another person instead of the nominee shareholder or any other person;
(30)‘public security’ means any person or
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[Safety of life and property of the community].
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[Safety of life and property of the community].
§ 3Applicability of other words and expressions
(1)All words or expressions used in this Act which are not defined in this Act, such words or expressions, Criminal Procedure Code.
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[,existing laws relating to the prevention of money laundering] or, as the case may be, shall have the meaning used in the Penal Code.
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[,existing laws relating to the prevention of money laundering] or, as the case may be, shall have the meaning used in the Penal Code.
(2)The general provisions of the Penal Code relating to offense and liability shall, so far as may be, not inconsistent with other provisions of this Act, apply to offenses under this Act.
§ 4Rule of law
Notwithstanding anything contained in the Code of Criminal Procedure or any other law for the time being in force, the provisions of this Act shall have effect.
§ 5Transnational application
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[5. (1) If any person or entity commits an offense within Bangladesh from outside Bangladesh which would have been punishable under this Act if committed by such person or entity from within Bangladesh, then the said offense shall be deemed to have been committed in Bangladesh and the provisions of this Act shall apply to such person or entity and the offence.
(2)If any person or entity commits an offense outside Bangladesh from within Bangladesh, which would have been punishable under this Act if committed in Bangladesh, then the said offense shall be deemed to have been committed in Bangladesh and the provisions of this Act shall apply to such person or entity and the offence.]
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[(3) If a person commits an offense in a foreign country and takes refuge in Bangladesh, which if committed in Bangladesh would have been punishable under this Act, then the said offense shall be deemed to have been committed in Bangladesh and if he cannot be extradited to any foreign country having jurisdiction to try the said offence, then the provisions of this Act shall apply to that person and offence.]
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[(3) If a person commits an offense in a foreign country and takes refuge in Bangladesh, which if committed in Bangladesh would have been punishable under this Act, then the said offense shall be deemed to have been committed in Bangladesh and if he cannot be extradited to any foreign country having jurisdiction to try the said offence, then the provisions of this Act shall apply to that person and offence.]
§ 6Terrorist Actions
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[6. (1) If a person, entity or foreign national -
(a) for the purpose of preventing the Government or any entity or any person from committing or doing any act by causing panic among the public or any part of the public to endanger the integrity, integrity, public security or sovereignty of Bangladesh -
(a) commits or attempts to kill, seriously injure, detain or kidnap another person; or
(i) conspires or assists or induces another person to kill, seriously injure, detain or kidnap another person; or
(e) causes or attempts to cause damage to any property of any other person, entity or republic; or
(e) conspires or assists or induces any other person, entity or property of the Republic to cause damage; or
(u) uses or possesses explosives, incendiaries and firearms for the purposes of subparagraphs (a), (a), (e) or (e);
(b) commits or attempts to commit any offence similar to sub-clause (a), (a), (e), (e) or (u) of clause (a) with the intention of disrupting the security of any other State or destroying its property or incites, conspires or facilitates the commission of such offence;
(c) commits or attempts to commit an offence similar to sub-clause (a), (a), (e), (e) or (u) of clause (a) in order to prevent an international organization from committing or refusing to commit any act, or to incite, conspire or assist in committing such an offence;
(d) knowingly uses or possesses any terrorist property;
(e) aiding, inciting or conspiring to commit or attempting to commit any of the offences set forth in the United Nations Convention contained in Schedule I of this Act;
(f) commits any act intended to cause death or grievous bodily injury to any civilian, or any other person, who has not actively participated in hostilities in a situation of armed conflict, the purpose of which, by reason of its nature or extent, is to intimidate a population or to compel another government or state or any international organization to do or refrain from doing any act;
In that case, the person, entity or foreign national shall be deemed to have committed the offence of committing a ‘terrorist act'.
(2)If any person or foreign national under clause (a) of sub-section (1) -
(a) commits an offence under sub-clause (a), he shall be sentenced to death or to life imprisonment and shall be liable to an additional fine;
(i) in the case of committing an offence under sub-clause (a), if the punishment prescribed for such offence is death, he shall be sentenced to imprisonment for life or to a term of imprisonment of not less than fourteen (fourteen) years and a maximum term of imprisonment of not less than four (four) years and a fine;
(e) if he commits an offence under sub-clause (e), he shall be sentenced to life imprisonment or to rigorous imprisonment for under 14 (fourteen) years and not less than four (four) years and to a fine;
(e) if he commits an offence under sub-clause (e), he shall be sentenced to a term of imprisonment of not less than fourteen (fourteen) years and not less than four (four) years with hard labour and fines;
(u) If he commits an offence under sub-clause (u), he shall be sentenced to life imprisonment or to rigorous imprisonment for under 14 (fourteen) years and not less than four (four) years and fine.
(a) commits an offence under sub-clause (a), he shall be sentenced to death or to life imprisonment and shall be liable to an additional fine;
(i) in the case of committing an offence under sub-clause (a), if the punishment prescribed for such offence is death, he shall be sentenced to imprisonment for life or to a term of imprisonment of not less than fourteen (fourteen) years and a maximum term of imprisonment of not less than four (four) years and a fine;
(e) if he commits an offence under sub-clause (e), he shall be sentenced to life imprisonment or to rigorous imprisonment for under 14 (fourteen) years and not less than four (four) years and to a fine;
(e) if he commits an offence under sub-clause (e), he shall be sentenced to a term of imprisonment of not less than fourteen (fourteen) years and not less than four (four) years with hard labour and fines;
(u) If he commits an offence under sub-clause (u), he shall be sentenced to life imprisonment or to rigorous imprisonment for under 14 (fourteen) years and not less than four (four) years and fine.
(3)If any person or foreign national commits an offence under clause (b), (c), (d), (e) or (f) of sub-section (1), he shall be sentenced to life imprisonment or to rigorous imprisonment for under 14 (four) years and at least 4 (four) years and fine.
(4)If an entity commits an act of terrorism, it -
(a) action may be taken against the said entity in accordance with section 18 and a fine of three times the value of the property or fifty (fifty) lakhs, whichever is greater, may be imposed in addition to the said offence; and
(b) the head of the said entity, whether he be called Chairman, Managing Director, Chief Executive or by any other name, shall be sentenced to rigorous imprisonment for a term of not less than 20 (twenty) years and not less than four (four) years and shall in addition be liable to a fine of not more than twice the value of the property in connection with the said offence or twenty (twenty) lakh rupees, whichever is greater, unless he is able to prove that such offence was committed without his knowledge or that he made every effort to prevent its occurrence.]
(a) action may be taken against the said entity in accordance with section 18 and a fine of three times the value of the property or fifty (fifty) lakhs, whichever is greater, may be imposed in addition to the said offence; and
(b) the head of the said entity, whether he be called Chairman, Managing Director, Chief Executive or by any other name, shall be sentenced to rigorous imprisonment for a term of not less than 20 (twenty) years and not less than four (four) years and shall in addition be liable to a fine of not more than twice the value of the property in connection with the said offence or twenty (twenty) lakh rupees, whichever is greater, unless he is able to prove that such offence was committed without his knowledge or that he made every effort to prevent its occurrence.]
§ 7Offenses related to terrorist financing
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[7. (1) If any person or entity voluntarily, from lawful or unlawful sources, directly or indirectly, in any manner, supplies, receives, procures or procures money, services or any other property with the intention that the whole or part thereof-
(a) shall be used in the conduct of terrorist acts; or
(b) is, or is known to be, to be used for any purpose by a terrorist person or entity;
In that case, the said person or entity shall be deemed to have committed the crime of financing terrorist activities.
(2)A conviction for an offense relating to the financing of a terrorist act shall not depend on whether the money, services or any other property referred to in sub-section (1) was actually used in the commission or conduct of a terrorist act or in an attempt to commit a terrorist act or was connected with a specific terrorist act.
(3)If any person is found guilty of any of the offenses mentioned in sub-section (1), he shall be punished with rigorous imprisonment for a term not exceeding 20 (twenty) years and not exceeding 4 (four) years, and in addition shall be fined twice the value of the property concerned with the said offense or 10 (ten) lakhs, whichever is more.
(4)If any entity is convicted of any offense referred to in sub-section (1), if—
(a) action shall be taken against the said entity in accordance with section 18 and in addition to the said offense a fine of three times the value of the property concerned or fifty (fifty) lakhs of rupees, whichever is higher, shall be imposed; And
(b) The head of the said entity, whether he is called the chairman, managing director, chief executive or by any other name, shall be punished with rigorous imprisonment for a term not exceeding 20 (twenty) years and not exceeding 4 (four) years and shall in addition be fined twice the value of the property involved in the said offense or 20 (twenty) lakhs, whichever is more, unless he can prove that, such offense was committed without his knowledge or he made every effort to prevent its commission.]
(a) action shall be taken against the said entity in accordance with section 18 and in addition to the said offense a fine of three times the value of the property concerned or fifty (fifty) lakhs of rupees, whichever is higher, shall be imposed; And
(b) The head of the said entity, whether he is called the chairman, managing director, chief executive or by any other name, shall be punished with rigorous imprisonment for a term not exceeding 20 (twenty) years and not exceeding 4 (four) years and shall in addition be fined twice the value of the property involved in the said offense or 20 (twenty) lakhs, whichever is more, unless he can prove that, such offense was committed without his knowledge or he made every effort to prevent its commission.]
§ 8Membership of Prohibited [Entity].
If any person is prohibited under section 18
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is a member or claims to be a member, shall commit an offense and shall be liable to imprisonment for any term not exceeding six months, or to fine, or to both.
§ 9Banned [entity] support
(1)If any person is prohibited under section 18
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solicits or solicits anyone for the purpose of supporting [entity], or is prohibited
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organizes, conducts or assists in the conduct of any meeting, or delivers a speech, for the purpose of advocating [entity] or promoting and encouraging its activities, commits an offence.
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solicits or solicits anyone for the purpose of supporting [entity], or is prohibited
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organizes, conducts or assists in the conduct of any meeting, or delivers a speech, for the purpose of advocating [entity] or promoting and encouraging its activities, commits an offence.
(2)If any person is prohibited from doing so
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He commits an offense if he speaks at any meeting or broadcasts any information by radio, television or any print or electronic medium for the purpose of soliciting support for [entity] or activating its activities.
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He commits an offense if he speaks at any meeting or broadcasts any information by radio, television or any print or electronic medium for the purpose of soliciting support for [entity] or activating its activities.
(3)If any person is convicted of any offense under sub-section (1) or (2), he shall be punished with imprisonment for a term which may extend to seven years and which may extend to two years and shall be fined in addition.
§ 10Punishment for criminal conspiracy
If any person conspires to commit an offense under this Act,
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[he shall be deemed to have committed an offense and] he shall be punished with imprisonment for a term not exceeding two-thirds of the maximum penalty prescribed for the said offence, or with fine, or with both; and if the punishment prescribed for the said offense is death, the offense shall be punishable with imprisonment for life or with imprisonment for a term not exceeding fourteen years, but
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[4 (four)] shall not be less than one year.
§ 11Punishment for attempt to commit crime
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[11. If any person or entity attempts to commit any offense under this Act, such person or entity shall be deemed to have committed an offense and such person or entity, whether he is chairman, managing director, chief executive or otherwise called, shall be punished with imprisonment for a term not exceeding two-thirds of the maximum penalty prescribed for the said offence, or with fine, or with both, and if the punishment for the said offense is death. If so, the said offense shall be punishable with imprisonment for life or with rigorous imprisonment for a term not exceeding 14 (fourteen) years and not exceeding 4 (four) years, and in addition, action shall be taken against the person concerned in accordance with section 18.]
§ 12Punishment for aid and abetment
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[12. If any person or entity commits any offense under this Act—
(a) aids or abets; or
(b) participates as an accomplice; or
(c) organizes or directs others; or
(d) contributes;
In such case, the said person or entity shall be deemed to have committed an offense and the said person or the head of the said entity, whether he is called chairman, managing director, chief executive or by any other name, shall be punished with imprisonment for a term of two-thirds of the maximum penalty prescribed for the said offence, or with fine, or with both; And if the punishment prescribed for the said offense is death, the said offense shall be punishable with imprisonment for life or with rigorous imprisonment for a term not exceeding 14 (fourteen) years and not exceeding 4 (four) years, and in addition, action shall be taken against the person concerned in accordance with section 18.]
§ 13Punishment for instigating terrorist acts
If a person
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[***] Prepares or distributes any document through activity or participation, or any print or electronic
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[or any other] means by broadcasting any information, or by providing any equipment, support or technology or training to any person or
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[entity] provides assistance knowing that such document, equipment, assistance or technology or training will be used in the commission of an offense under this Act or such person or
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[Entity] uses them in the pursuit of a similar criminal organization, he shall be deemed to have incited terrorist acts; and shall be punished with imprisonment for a term of two-thirds of the maximum penalty prescribed for the offense concerned, or with fine, or with both; and if the punishment prescribed for the said offense is death, the offense shall be punishable with imprisonment for life or with imprisonment for a term not exceeding fourteen years, but
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[4 (four)] shall not be less than one year.
§ 14[Penalty for harboring a criminal]
(1)If any person, knowing that any other person has committed an offense under this Act or having reasonable cause to believe that such person is guilty, harbors or harbors such person with intent to protect him from punishment, he shall—
(a) if the said offense is punishable with death, shall be punished with imprisonment for a term not exceeding five years, and shall in addition be liable to fine; or
(b) if the said offense is punishable with imprisonment for life or with imprisonment for any term, shall be punished with imprisonment for a term not exceeding three years, and shall also be liable to fine in addition thereto.
(a) if the said offense is punishable with death, shall be punished with imprisonment for a term not exceeding five years, and shall in addition be liable to fine; or
(b) if the said offense is punishable with imprisonment for life or with imprisonment for any term, shall be punished with imprisonment for a term not exceeding three years, and shall also be liable to fine in addition thereto.
(2)If the offense of harboring or harboring under sub-section (1) is committed by the husband, wife, son, daughter, father or mother, the provisions of this section shall not apply.
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[(3) The provisions of sub-section (1) shall apply to the chairman, managing director, chief executive or any other named office-bearer in the case where the offense of harboring is committed by any entity, unless he is able to prove that such offense was committed without his knowledge or that he took every effort to prevent its commission.]
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[(3) The provisions of sub-section (1) shall apply to the chairman, managing director, chief executive or any other named office-bearer in the case where the offense of harboring is committed by any entity, unless he is able to prove that such offense was committed without his knowledge or that he took every effort to prevent its commission.]
§ 15Power of Bangladesh Bank
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[15. (1) Bangladesh Bank may take necessary steps to prevent and detect transactions through any reporting agency for the purpose of committing any offence under this Act and for that purpose it shall have the following powers and authority, namely:-
(a) summoning reports on suspicious transactions from a reporting agency, analyzing or reviewing them and collecting additional information related to them for the purpose of analysis or review, and storing their records or databases and, as the case may be, providing such information or reports to the police or other law enforcement agencies concerned in order to take necessary action;
(b) issue a written order to the reporting entity to suspend or block the accounts of such transactions for a period not exceeding 30 (thirty) days if there are reasonable grounds to suspect that a transaction is related to terrorist activity and thereby extend the period of suspension or blocking of such transactions by an additional 30 (thirty) days to a maximum of six (six) months in case of need to disclose accurate information relating to such transactions;
(c) Monitor and supervise the activities of the reporting agencies;
(d) direct reporting agencies to take preventive measures to prevent financing of terrorist acts and proliferation of weapons of mass destruction (WMD);
(e) to monitor compliance with instructions by the reporting agency and to conduct on-site inspections of the reporting agencies for any purpose of this Act; and
(f) To provide training to officers and employees of reporting agencies for the purpose of detecting suspicious transactions and preventing financing of terrorist activities.
(2)Bangladesh Bank shall, as soon as it has identified a reporting agency or its customer in connection with any suspicious transaction involving financing of terrorist activities, inform the police or appropriate law enforcement agency thereof, and shall provide all necessary assistance to the police or relevant law enforcement agency in investigation and investigation.
(3)If the offence is committed in any other State or is pending in any other State, the Bank of Bangladesh shall, at the request of such foreign State or under any international, regional or bilateral treaty, the United Nations Convention ratified by the Government of Bangladesh or the relevant resolutions adopted by the United Nations Security Council, take the initiative of freezing the accounts of any person or entity.
(4)The money seized under sub-section (3) shall be disposable by the concerned court or under the relevant agreements, conventions or resolutions adopted by the United Nations Security Council.
(5)The powers and liabilities of Bangladesh Bank under this Act shall be exercised and performed by the Bangladesh Financial Intelligence Unit (B,F, I,U) and any information requested by the Bangladesh Financial Intelligence Unit under this Act shall be provided by all the Government, semi-government, autonomous bodies or any other institution or agency concerned or, as the case may be, shall be provided in an autonomous manner.
(6)The Bangladesh Financial Intelligence Unit shall, upon request or, as the case may be, provide information related to the financing of terrorist acts or terrorist acts to the Financial Intelligence Unit of another country or a similar authority of any other State (counter part).
(7)In the interest of an investigation into the financing of terrorist acts, a law enforcement agency shall have access to a bank document or any document under the following conditions, namely:-
(a) by order of the competent court or special tribunal;
or
(b) With the approval of Bangladesh Bank.
QUERY LENGTH LIMIT EXCEEDED. MAX ALLOWED QUERY : 500 CHARS
(a) by order of the competent court or special tribunal;
or
(b) With the approval of Bangladesh Bank.
QUERY LENGTH LIMIT EXCEEDED. MAX ALLOWED QUERY : 500 CHARS
(9)If any reporting entity fails to pay or fails to pay the fine imposed by Bangladesh Bank under sub-section (8), Bangladesh Bank may recover the amount of the fine from such reporting entity to any other bank or financial institution or Bangladesh Bank, and if any part of the fine is unpaid or unpaid, Bangladesh Bank may, if necessary, apply to the concerned court to recover it.]
§ 16Responsibilities of Reporting Agencies
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[16.(1) Every reporting agency shall take the necessary measures with due caution and responsibility to prevent and detect any transaction involving any offence under this Act through any reporting agency and shall report to Bangladesh Bank without any delay any suspicious transaction identified.
(2)In the absence of the Board of Directors or the Board of Directors of each reporting entity, the Chief Executive, or whichever name he may be called, shall approve and issue instructions in respect of the responsibilities of its officers, and shall ensure that the instructions issued by Bangladesh Bank under section 15, which apply to the reporting agencies, are complied with.
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QUERY LENGTH LIMIT EXCEEDED. MAX ALLOWED QUERY : 500 CHARS
QUERY LENGTH LIMIT EXCEEDED. MAX ALLOWED QUERY : 500 CHARS
QUERY LENGTH LIMIT EXCEEDED. MAX ALLOWED QUERY : 500 CHARS
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QUERY LENGTH LIMIT EXCEEDED. MAX ALLOWED QUERY : 500 CHARS
QUERY LENGTH LIMIT EXCEEDED. MAX ALLOWED QUERY : 500 CHARS
QUERY LENGTH LIMIT EXCEEDED. MAX ALLOWED QUERY : 500 CHARS
§ 17Persons or entities involved in terrorist acts
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[17. For the purposes of this Act, a person or entity shall be deemed to be involved in an act of terrorism if that person or entity—
(a) commits or participates in terrorist acts;
(b) undertakes preparations for terrorist acts;
(c) aids or abets the commission of terrorist acts;
(d) provides support and assistance to any entity involved in terrorist activities;
(e) The following listing criteria are covered by the United Nations Security Council Resolution No. 1373 (UNSCR 1373), namely:-
(1)if any person or entity commits any terrorist act or undertakes or participates in or assists in the commission of a terrorist act;
(2)any entity directly or indirectly owned or controlled by any listed or proscribed person or entity;
(3)Any other person or entity acting on behalf of or at the direction of any person or entity listed or prohibited.
(f) harbors any terrorist; or
(g) is otherwise involved in terrorist activities.]
(f) harbors any terrorist; or
(g) is otherwise involved in terrorist activities.]
§ 18Prohibition declaration and listing
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[18. (1) For the purposes of this Act, the Government, on reasonable grounds that any person or entity is involved in terrorist activities, may, by notification in the Official Gazette, list such person in the Schedule or proscribe and list the entity in the Schedule.
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[or may prohibit all activities of the entity].
(2)The Government may, by notification in the Official Gazette, include or omit from the Schedule any person or entity or otherwise amend the Schedule.]
§ 19Review
(1)Aggrieved by an order made by the Government under section 18
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The [person or entity] may, within thirty days from the date of the order, apply to the Government for reconsideration in writing against it, stating the reasons, and the Government, after hearing the applicant,
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[Subject to rules made under this Act], shall dispose of the application within ninety days from the date of receipt thereof.
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The [person or entity] may, within thirty days from the date of the order, apply to the Government for reconsideration in writing against it, stating the reasons, and the Government, after hearing the applicant,
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[Subject to rules made under this Act], shall dispose of the application within ninety days from the date of receipt thereof.
(2)If an application for revision under sub-section (1) is rejected, the aggrieved
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[person or entity] may file an appeal in the High Court Division within thirty days from the date of rejection of the application.
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[person or entity] may file an appeal in the High Court Division within thirty days from the date of rejection of the application.
(3)The Government shall, by notification in the Official Gazette, constitute a three-member Review Committee to dispose of the review petitions filed under sub-section (1).
§ 20Action against listed persons or prohibited entities
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[20. (1)
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[If any action referred to in sub-section (1) of section 18 is taken against any person or entity], the Government shall, in addition to taking other measures mentioned in this Act, take any of the following steps, as applicable, namely:-
(a) close the office, if any, of the entity;
(b) block the bank and other accounts, if any, and seize or seize all the assets thereof;
(c)
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[shall] impose restrictions on the departure of members of the entity;
(d) confiscate all leaflets, posters, banners or printed, electronic, digital or other materials; And
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[(e) shall prohibit the publication or printing of any press statement by or on behalf of or in support of the said entity or campaign of any kind in the mass media, online, social media or any other medium, or the holding of processions, meetings or press conferences or giving public speeches.]
(2)6
[Mentioned in sub-section (1)] The entity shall submit its income and expenditure account to the competent authority designated by the Government for this purpose and shall disclose all sources of income.
[Mentioned in sub-section (1)] The entity shall submit its income and expenditure account to the competent authority designated by the Government for this purpose and shall disclose all sources of income.
(3)If it appears that,
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[The property of any such person or entity against whom action has been taken under sub-section (1) of section 18] has been illegally acquired or used in the commission of any offense under this Act, the said property shall be forfeited by the court in favor of the State]
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[The property of any such person or entity against whom action has been taken under sub-section (1) of section 18] has been illegally acquired or used in the commission of any offense under this Act, the said property shall be forfeited by the court in favor of the State]
§ 20ASteps to Implement UN Security Council Resolutions
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[20a. (1) For the purposes of this Act, the Government of Bangladesh shall have the power, in addition to the powers specified in this Act or in any other law for the time being in force, to take the following measures:
QUERY LENGTH LIMIT EXCEEDED. MAX ALLOWED QUERY : 500 CHARS
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(c) prohibit the formation or collection of funds, whether directly or indirectly, on a voluntary basis, by any person or entity inside or outside Bangladesh, knowing that any funds are being used for the purpose of, or will be used for, terrorist activities;
(d) prohibit the creation of any funds, financial assets or financial resources or other related services by any person or entity listed or listed under United Nations Security Council Resolution 1373, or by any person or entity owned or controlled directly or indirectly by such person or acting on behalf of or in accordance with the instructions of such person or entity;
(e) prevent the entry into or transit through Bangladesh of persons listed by the United Nations Security Council through effective border control and immigration measures;
(f) Prevent the supply, sale and transfer, directly or indirectly, of any weapons and ammunition and other related materials, objects, equipment, goods and technology to or from any person or entity listed by the United Nations Security Council, whether inside or outside Bangladesh;
(g) refuse to allow any aircraft owned, leased or operated by or on behalf of any person or entity listed by the United Nations Security Council to take off or land on their territory;
(h) Prevent illicit trafficking in nuclear, chemical or biological weapons, their delivery equipment and related other objects by inspecting cargoes dispatched from or to persons or entities listed by the Security Council of the United Nations;
(h) prohibit and prevent any act referred to in the said Resolution relating to persons and entities listed by the United Nations Security Council;
(j) from time to time give directions to the reporting agency by the Bangladesh Financial Intelligence Unit for the proper implementation of this section;
(t) The Government shall, from time to time, by notification or order, determine the competent authority for taking necessary actions in accordance with the powers specified in clauses (a) to (j).
(2)If any person or entity violates a blocking or crock order issued under this section, the person or persons concerned by the said entity shall be sentenced to a maximum term of imprisonment of not more than 4 (four) years or to a fine equivalent to twice the value of the blocking or crockable property or both.
(3)If any person or entity commits or fails to commit any act in contravention of clauses (c) and (d) of sub-section (1), such person or entity shall be deemed to have committed an offence of financing terrorist acts and shall be punished in accordance with the provisions of sub-section (3), (4)(a) or, as the case may be, (4)(b) of section 7.
(4)If any person or entity commits or fails to commit any act in contravention of clause (e) to clause (e) of sub-section (1), such person or entity shall be deemed to have committed an offence of terrorist act and shall be punished in accordance with the provisions of sub-section (2), (3)(a) or, as the case may be, (3)(b) of section 6.
QUERY LENGTH LIMIT EXCEEDED. MAX ALLOWED QUERY : 500 CHARS
QUERY LENGTH LIMIT EXCEEDED. MAX ALLOWED QUERY : 500 CHARS
(6)If a public servant is found guilty of negligence in the exercise of the provisions of this section, administrative action shall be taken against him in accordance with his own rules of employment.]
§ 21Special provisions relating to examination of witnesses by police
(1)If any police officer, during the investigation of any case under this Act, deems it necessary to interrogate any such person who is informed of the facts and circumstances, and if the police officer knows or has reason to believe that the said person is capable enough to give the details of the incident in writing, then the said police officer may, with the consent of the person, take the details of the incident in writing from the said person.
(2)The said person shall record and sign his statement or account of the incident with his own hand with a pen.
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[(3) If the communication and conversation through Facebook, Skype, Twitter or any other internet used by any terrorist person or entity or the still or video images related to their crime are presented in court by the police or law enforcement agency for the purpose of investigation of any case, then, notwithstanding anything contained in the Evidence Act, the said information presented by the police or law enforcement agency shall be admissible as evidence in court.]
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[(3) If the communication and conversation through Facebook, Skype, Twitter or any other internet used by any terrorist person or entity or the still or video images related to their crime are presented in court by the police or law enforcement agency for the purpose of investigation of any case, then, notwithstanding anything contained in the Evidence Act, the said information presented by the police or law enforcement agency shall be admissible as evidence in court.]
§ 22Special provision relating to recording of statement of witness by Magistrate
Any Metropolitan Magistrate,
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[Judicial Magistrate], or a Magistrate of the second class specially empowered for the purpose, if he is aware or has reasonable cause to believe that any person informed of the facts and circumstances of the case is competent enough to give his statement in writing, he may direct that person to give his statement in writing by hand with a pen.
§ 23Special provision relating to record of confession of accused person
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[23. Any Metropolitan Magistrate, Chief Judicial Magistrate or Judicial Magistrate or any Magistrate specially empowered for the purpose shall, while recording any confessional statement made by an accused person, if the person is capable and willing to give a written statement of the incident, shall permit such person to record his confessional statement by hand.
§ 23ASpecial provision for seizure or seizure of terrorist property during investigation
(1)If an officer investigating an offense committed under this Act has reason to believe that the property under investigation is the proceeds of terrorism, he shall apply in writing to the District Magistrate of the district in which the said property is situated for prior permission to seize said property and if the District Magistrate is satisfied after verifying the application of the investigating officer, he may grant permission to seize such property and in such case If it is not practicable to seize such property, in that case the croc shall direct by way of order of attachment that, without the prior permission of the officer issuing such order, such property shall not be transferred or any other arrangements made.
(2)If property derived from terrorist activity is mixed with property acquired from legitimate sources, the property derived from terrorist activity located in the said mingled property, or in cases where the value of property derived from terrorist activity cannot be determined, the full value of the mixed property shall be seized or seized by the investigating officer in accordance with the provisions described in this section.
(3)The Investigating Officer shall duly notify the Government within 48 (forty-eight) hours of the seizure or seizure of such property and the Government shall approve or cancel the said seizure or seizure order within 60 (sixty) working days of the issuance of such seizure or seizure order:
Provided, however, that the person whose property has been seized or seized shall be given a proper opportunity to present his statement.
Provided, however, that the person whose property has been seized or seized shall be given a proper opportunity to present his statement.
(4)The period of any garnishment or seizure under sub-section (3) shall remain in force until the inquiry report is filed with the Court.]
§ 24Investigation period
24 (1) No police officer shall, from the date of receipt or recording of information under section 154 of the Code of Investigation of any case under this Act.
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To be completed within [sixty days].
(2)If any police officer fails to complete the investigation within the time specified in sub-section (1), he shall, after recording the reason in writing in the case diary,
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[Thirty days] can extend the time.
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[Thirty days] can extend the time.
(3)If the said police officer is unable to complete the investigation within the time specified in sub-section (2), the said investigating officer may, with the written approval of the Superintendent of Police of the district concerned or, as the case may be, the Deputy Commissioner of Police concerned in the metropolitan area, extend the time by a further period not exceeding thirty days.
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[:
Provided, however, that if it is necessary to collect evidence from any other country outside Bangladesh for the purpose of investigating the case, the period of investigation mentioned in sub-section (1) to (3) shall not be applicable.]
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[:
Provided, however, that if it is necessary to collect evidence from any other country outside Bangladesh for the purpose of investigating the case, the period of investigation mentioned in sub-section (1) to (3) shall not be applicable.]
(4)If the said police officer is unable to complete the investigation within the additional extended period referred to in sub-section (3), he shall forthwith report the incident to the Superintendent of Police of the district concerned or, as the case may be, the Deputy Commissioner of Police in the metropolitan area concerned, stating the reason thereof, and if the said reason is not satisfactory
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[The investigating officer shall be charged with negligence in the discharge of the duties assigned to him].
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[The investigating officer shall be charged with negligence in the discharge of the duties assigned to him].
§ 25Extension of time limit for investigation of certain cases
(1)1
If any police officer fails to complete the investigation within the additional period prescribed in sub-section (3) of [Section 24] due to the fact that the identity of the offender mentioned in the complaint (FIR) is unknown and the inability to identify the said offender,
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[Section 24] Any time after the additional extension of time shall not be deemed to be a bar to the filing of any police report or fresh police report or additional police report.
If any police officer fails to complete the investigation within the additional period prescribed in sub-section (3) of [Section 24] due to the fact that the identity of the offender mentioned in the complaint (FIR) is unknown and the inability to identify the said offender,
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[Section 24] Any time after the additional extension of time shall not be deemed to be a bar to the filing of any police report or fresh police report or additional police report.
(2)If any police officer to furnish evidence or any report relating to the offence
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[Section 24] Failure to complete the investigation within the additional extended time limit under sub-section (3) of medical, forensic, finger print, chemical or any other expert witness over whom he has no control and without which no effective report on the case can be prepared, shall not be deemed to be a bar to submit the police report at any time after the said additional extended period.
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[Section 24] Failure to complete the investigation within the additional extended time limit under sub-section (3) of medical, forensic, finger print, chemical or any other expert witness over whom he has no control and without which no effective report on the case can be prepared, shall not be deemed to be a bar to submit the police report at any time after the said additional extended period.
§ 26Remand
(1)Where a person is arrested and detained for investigation, the investigating officer may apply to the appropriate Magistrate for remanding the accused person to police custody.
(2)The Magistrate may, on consideration of an application under sub-section (1), remand the accused to the custody of the police, and the period of such remandation shall not be more than ten days or in the aggregate:
Provided thatif the Investigating Officer is able to prove to the satisfaction of the Magistrate that additional evidence may be obtained if the accused person is remanded for a longer period, the Magistrate may extend the period of remandance not exceeding five days.
§ 27Provisions relating to trial of offenses by Sessions Judge or Additional Sessions Judge
(1)Notwithstanding anything contained in the Code of Criminal Procedure or any other law for the time being in force, offenses under this Act shall be tried by the Sessions Judge or, in case the Sessions Judge is transferred to the Additional Sessions Judge, by the Additional Sessions Judge, until a special tribunal is constituted for the purpose.
(2)The Sessions Judge or Additional Sessions Judge shall, in the trial of offenses under this Act, follow the procedure laid down in Chapter 23 of the Code of Criminal Procedure applicable to trials in Sessions Courts.
(3)For the purpose of this section, offenses under this Act shall be triable by a Sessions Court, and criminal proceedings shall be brought before the Sessions Judge of the Sessions Division in whose jurisdiction the said offense or part thereof is committed.
§ 28Formation of Special Anti-Terrorism Tribunal
(1)The Government may, by notification in the Official Gazette, constitute one or more Special Anti-Terrorism Tribunals for the purpose of speedy and effective trial of offenses committed under this Act.
(2)The Special Tribunal constituted under sub-section (1) shall consist of a Sessions Judge or an Additional Sessions Judge appointed by the Government in consultation with the Supreme Court; And a judge so appointed shall be called "Judge, Special Anti-Terrorism Tribunal".
(3)Any special tribunal constituted under this section may be given local jurisdiction over the whole of Bangladesh or jurisdiction over one or more Sessional Divisions; and the said Tribunal shall try only cases of offenses under this Act, which shall be filed or transferred to the said Tribunal.
(4)The jurisdiction of a Sessions Judge or an Additional Sessions Judge to try an offense under this Act shall not be impaired by reason of the vesting by the Government of any special tribunal of the whole of Bangladesh or of a particular part thereof consisting of one or more Sessional Divisions, and no case of an offense under this Act pending in a Sessions Court unless the Government, by notification in the Official Gazette, makes such order. There will be no transfer to the Special Tribunal having special local jurisdiction.
(5)No Special Tribunal shall, unless it decides otherwise, be prevented from re-examining or re-examining the evidence of a witness whose evidence has been taken, or re-commencing the proceedings under sub-section (4), but may act on the basis of the evidence already taken or produced and continue the trial from the stage at which the case was.
(6)The Government may, by order, hold the seat of the Special Tribunal at such place or time as it may by order and conduct its proceedings.
§ 29Procedure of Special Tribunal
(1)The Special Tribunal shall not try any offense without the written report of any such police officer not below the rank of Sub-Inspector.
(2)The Special Tribunal shall, subject to the special provisions of this Act, follow the procedure laid down in Chapter 23 of the Code of Criminal Procedure for the trial of an offense under this Act.
(3)No Special Tribunal shall, unless the interests of justice so require, and without the cause being recorded in writing, adjourn the trial of any case.
(4)Where the Special Tribunal has reason to believe that the accused person is absconding or has absconded so that it is not possible to arrest him and produce him for trial and there is no opportunity for his immediate arrest, the said Tribunal may, by order, in at least two Bengali daily newspapers of wide circulation direct such person to appear within the time specified in the order, and such person fails to comply with such order. If so, he will be tried in his absence.
(5)If the accused person absconds or fails to appear before the Special Tribunal after appearing or being released on bail, the procedure mentioned in sub-section (4) shall not apply, and the said Tribunal shall record its decision and try it in the absence of such person.
(6)Any Special Tribunal, on an application submitted to it, or on its own initiative, in any case involving a police officer for an offense committed under this Act.
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[further enquiry] , and the Authority may direct the report to be submitted within such time as may be prescribed.
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[further enquiry] , and the Authority may direct the report to be submitted within such time as may be prescribed.
§ 30Application of Rules of Procedure to Special Tribunal Proceedings
(1)The provisions of the Code of Criminal Procedure shall, so far as may be, not inconsistent with the provisions of this Act, apply to the proceedings of the Special Tribunal, and such Special Tribunal shall have all the powers of a Court of Session exercising original jurisdiction.
(2)The person conducting the case on behalf of the Government in the Special Tribunal shall be deemed to be the Public Prosecutor.
§ 31Appeals and approval of death sentences
(1)An appeal shall be filed in the High Court Division against any order, judgment or sentence passed by the Special Tribunal within thirty days from the date of award thereof.
(2)Where a Special Tribunal under this Act awards a sentence of death, the proceedings shall forthwith be referred to the High Court Division for approval and the death sentence shall not be executed until approved by the said Division.
§ 32Provisions relating to bail
A Magistrate or Judge shall not grant bail to a person accused of any offense punishable under this Act, unless—
(a) the state party is afforded an opportunity of hearing on such bail order; And
(b)
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[The Magistrate or Judge] is satisfied that there are reasonable grounds for believing that the accused may not be convicted on trial and he records the reasons for such satisfaction in writing.
§ 33Time limit for disposal of cases by Special Tribunal
(1)Special Tribunal Judge of the case
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Complete the trial of the case within six months from the [charge frame] date.
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Complete the trial of the case within six months from the [charge frame] date.
(2)If the Judge fails to dispose of any case within the time prescribed under sub-section (1), he may extend the period by not more than three months by recording the reason thereof in writing.
(3)If the Judge fails to complete the trial within the extended period prescribed in sub-section (2), he may, by notifying the High Court Division and the Government in writing stating the reasons for such failure, may again extend the period by not more than three months.
§ 34[Possession of property obtained from terrorist activities]
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[34.
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[(1) No terrorist person or terrorist entity or any other person shall enjoy or possess any money or property or any other terrorist property arising out of terrorist activities or provided by any terrorist person or terrorist entity.
(2)Any such terrorist person or any terrorist entity or any terrorist property in the possession of any other person, whether convicted under this Act or not, shall be forfeitable in favor of the State.]
(3)Any property of any person or entity involved in any offense under this Act shall be subject to seizure by the Government at the request of any foreign State or organization and shall be disposed of by the Government under mutual legal cooperation with the country concerned or, as the case may be, by the Government.
(4)Assets of any person or entity shall be subject to seizure under any international, regional or bilateral agreement, United Nations Convention or relevant resolution adopted by the United Nations Security Council.]
§ 35[Confiscation of assets obtained from terrorist activities and proceeds of terrorism]
2
[35. (1) Where the Judge is satisfied that any
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[or it constitutes from proceeds of terrorism] [or it constitutes from proceeds of terrorism], in that case any property has been seized or seized, he can order the confiscation of said property.
(2)Under sub-section (1).
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If [proceeds of terrorism or any property resulting from any terrorist activity] is confiscated, the government will take legal action against the entity from whom the property is confiscated, as described in Sections 18 and 20 of this Act.
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If [proceeds of terrorism or any property resulting from any terrorist activity] is confiscated, the government will take legal action against the entity from whom the property is confiscated, as described in Sections 18 and 20 of this Act.
(3)Assets seized in accordance with sub-section (4) of section 34 of this Act shall be forfeitable and disposable by the relevant court in the light of relevant treaties, conventions or relevant resolutions adopted by the United Nations Security Council.
(4)If any person or entity other than the guilty person or entity has title, interest or right in the confiscated property, the same shall be recoverable by the concerned court.]
§ 36Issue of show-cause notice before confiscation of assets derived from terrorist activities
(1)Before making an order to confiscate property obtained by terrorist acts, the person having the control or possession of the property shall,
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[Show-cause notices shall be issued in accordance with the provisions of the Code of Criminal Procedure] and no order for confiscation of any terrorist-related property shall be made without giving an opportunity of written reply within the period specified in the notice and a reasonable time for hearing.
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[Show-cause notices shall be issued in accordance with the provisions of the Code of Criminal Procedure] and no order for confiscation of any terrorist-related property shall be made without giving an opportunity of written reply within the period specified in the notice and a reasonable time for hearing.
(2)No confiscation order shall be made under sub-section (1) if such person is able to prove that he did not know that the property was proceeds of terrorist activities and that he purchased it for a reasonable price.
§ 37appeal
(1)Any person aggrieved by a confiscation order passed under section 35 may appeal to the High Court Division within one month from the date of receipt of the said order.
(2)If any order passed by the High Court Division under section 35 is amended or revoked or if any case is filed in contravention of any provision of this Act, the person against whom the order of confiscation has been passed under section 35, if the person is acquitted, the confiscated property shall be returned and if it is not possible to return the confiscated property to the person, then the said property shall be deemed to have been sold to the Government. From the date of seizure, reasonable interest shall be calculated and its value shall be paid after determining the reasonable price.
§ 38Mutual legal assistance
(1)When any terrorist act is committed or its commission is aided, attempted, conspired or financed in such a way that the territory of a foreign state is concerned, or any terrorist act or the commission of which is assisted, attempted, conspired or financed is committed from the territory of a foreign sovereign state into the territory of Bangladesh or from the territory of another sovereign state from within Bangladesh, the said foreign state shall Upon request the Government of Bangladesh shall, if satisfied, subject to the subsequent provisions of this section, in relation to criminal investigation, prosecution or extradition.
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[According to the treaty] shall provide legal assistance to said foreign state in all necessary matters.
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[According to the treaty] shall provide legal assistance to said foreign state in all necessary matters.
(2)The terms of legal cooperation shall be determined on the basis of a formal agreement or exchange of letters between the requesting State and the requested State through mutual exchange of views.
(3)2
[Except by international mutual consent] No citizen of Bangladesh shall be extradited to any foreign State under this section for trial on charges of any offence.
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[:
However, the extradition of any citizen of Bangladesh shall not be effected if the trial for the same offense is ongoing in any court of Bangladesh.]
[Except by international mutual consent] No citizen of Bangladesh shall be extradited to any foreign State under this section for trial on charges of any offence.
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[:
However, the extradition of any citizen of Bangladesh shall not be effected if the trial for the same offense is ongoing in any court of Bangladesh.]
(4)For the purpose of mutual legal assistance under this section, any citizen of Bangladesh shall, subject to his consent, be surrendered to any foreign country to assist him as a witness in the relevant criminal proceedings or investigation.
(5)If the Government has sufficient reason to believe that a request for legal assistance under this section has been made for the purpose of prosecuting or punishing a person in a case solely because of his caste, religion, nationality or political ideology, Bangladesh as the requested State may refuse a request for extradition or mutual legal assistance in respect of a specific case.
§ 39Commissibility and non-bailability of offences
(1)All offenses under this Act shall be cognizable.
(2)All offenses under this Act shall be non-bailable.
§ 40Necessity of prior approval in matters of investigation and prosecution
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[(1) If any offense under this Act is committed, the concerned police officer shall, forthwith intimation to the District Magistrate concerned, register a case and initiate investigation proceedings.]
(2)No court shall take cognizance of any offense under this Act without the sanction of the Government.
§ 41Transfer of cases to and from Special Tribunals
The Government may, before the conclusion of evidence, at any stage of the trial, for reasonable cause, transfer any case or cases relating to an offense under this Act from any Court of Session to any Special Tribunal or from any Special Tribunal to any Court of Session.
§ 42Power to amend schedule
The Government may, by order notified in the Official Gazette, amend the Schedule to this Act.
§ 43Power to make rules
The Government may, by notification in the Official Gazette, make rules for the purposes of this Act.
§ 44Basic text and English text
The original text of this Act shall be in Bengali and one authentic text translated into English shall be:
Provided, however, that in case of conflict between the Bengali and English texts, the Bengali text shall prevail.
§ 45Revocation and Custody
(1)The Anti-Terrorism Ordinance, 2008 (Ordinance No. 28 of 2008) is hereby repealed.
(2)Notwithstanding such repeal, acts done or measures taken under the repealed Ordinance shall be deemed to have been done or taken under this Act.
The Anti-Terrorism Act, 2009 is the principal legislation defining and penalising terrorist activities in Bangladesh. It applies to any person who commits, attempts to commit, or supports terrorist acts within Bangladesh or against Bangladeshi interests abroad. The Act defines a wide range of terrorist offences, including the use of explosives, firearms, or other lethal devices to cause death, serious injury, or property damage with the intent to intimidate the public or compel the government to act. Key mechanisms include the power of the government to declare any organisation as a terrorist organisation and to list individuals as terrorists (Section 18), to freeze and forfeit property used for or derived from terrorist activities (Sections 20, 34–35), and to prevent the financing of terrorism by criminalising the collection of funds for terrorist purposes (Section 7). The Act establishes a Review Committee for appeals against listing decisions (Section 19). Penalties include rigorous imprisonment up to life terms and fines, with enhanced penalties for acts causing death. Notable provisions include the jurisdiction of special courts to try terrorist offences (Sections 27–31), the admissibility of electronic communications as evidence (Section 21), and provisions for mutual legal assistance in terrorism-related matters (Section 38). The Act applies regardless of whether the offence was committed wholly or partly outside Bangladesh if directed against Bangladesh or its citizens. The Act remains in force and has been used extensively in terrorism-related prosecutions.