Full text · showing key sections
Notwithstanding anything to the contrary to the subject or context, in 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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[(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;]
Code of Criminal Procedure, 1898
(Act V of 1898);
Penal Code, 1860
(Act XLV of 1860);
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;]
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[(11a) ‘Foreign national’ means
Foreigners Act, 1946
(“foreigner” as defined in Section 2 (a) of Act No. XXXI of 1946);]
(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;
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[(14a) ‘terrorist person’ means any natural person who commits an offence under section 6 (1), 10, 11, 12 or 13;
(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;
Cooperative Societies Act, 2001
(an institution authorized and registered under Act No. 47 of 2001);]
Evidence Act, 1872
(Act I of 1872).
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[(16) ‘Suspicious transaction’ means such transaction-
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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;]
Financial Institutions Act, 1993
(Financial Institutions as defined in Section 2(b) of Act 27 of 1993);
Insurance Act, 2010
Insurer as defined in section 2(25) of the (Act No. 13 of 2010);
(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) (1) Non-Profit Organizations (Non-Profit Organizations)
(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;
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);
(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;
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;
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[2012] Bangladesh Financial Intelligence Unit established in accordance with the provisions of section 24 (1) of the Act;
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);
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[Safety of life and property of the community].
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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.
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.
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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.
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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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[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'.
(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) 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.]
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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.
(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.]
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.
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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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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.
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.
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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.]
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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.]
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.
(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.
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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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[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.
(a) by order of the competent court or special tribunal;
or
(b) With the approval of Bangladesh Bank.
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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.
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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:-
(f) harbors any terrorist; or
(g) is otherwise involved in terrorist activities.]
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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].
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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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[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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[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.]
[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.
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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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[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:
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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).
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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.]
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.
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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.
Provided, however, that the person whose property has been seized or seized shall be given a proper opportunity to present his statement.
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].
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[Thirty days] can extend the time.
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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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[The investigating officer shall be charged with negligence in the discharge of the duties assigned to him].
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.
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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.
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.
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[further enquiry] , and the Authority may direct the report to be submitted within such time as may be prescribed.
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.
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Complete the trial of the case within six months from the [charge frame] date.
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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.
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[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.
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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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[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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[According to the treaty] shall provide legal assistance to said foreign state in all necessary matters.
[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.]
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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.]
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.
The Government may, by order notified in the Official Gazette, amend the Schedule to this Act.
The Government may, by notification in the Official Gazette, make rules for the purposes of this Act.
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.