The Mutual Assistance in Criminal Matters Act, 2012 establishes the legal framework for Bangladesh to provide and receive international cooperation in criminal investigations, prosecutions, and proceedings. It applies to requests for assistance made to and by Bangladesh under bilateral or multilateral agreements, or on a reciprocity basis. The Act designates the Attorney General as the Central Authority for receiving and transmitting requests. Key forms of assistance covered include taking evidence or statements, effecting service of process, executing searches and seizures, freezing and forfeiting proceeds of crime, locating and identifying persons, tracing property, and arranging for the temporary transfer of persons in custody. The Act sets out the procedure for making requests, the grounds on which assistance may be refused, and the use limitations on information and evidence obtained. It also provides for the enforcement of foreign restraining and forfeiture orders, requiring dual criminality for coercive measures. It is currently in force.
Full text · showing key sections
§ 1Short Title and Commencement
(1)This Act shall be called the Mutual Legal Assistance in Criminal Matters Act, 2012.
(2)This Act shall come into force immediately.
§ 2Definitions
Unless there is anything repugnant in the subject or context, in this Act,- (a) "Central Authority" means the Central Authority established under section 4; (b) "court" means a court having jurisdiction to try criminal offences in Bangladesh; (c) "foreign court" means a court or tribunal of a foreign state; (d) "foreign state" means a country or territory outside Bangladesh; (e) "mutual legal assistance" means any assistance in respect of investigations or proceedings in criminal matters, including service of documents, taking of evidence, execution of searches and seizures, production of documents and records, transfer of persons in custody, and any other assistance not incompatible with the laws of Bangladesh; (f) "requesting state" means a foreign state making a request for mutual legal assistance; (g) "requested state" means a foreign state to which a request for mutual legal assistance is made; (h) "criminal matter" means an investigation or proceeding in relation to an offence punishable under any law; (i) "Minister" means the Minister in charge of the Ministry of Law, Justice and Parliamentary Affairs.
§ 3Central Authority
(1)The Government shall establish a Central Authority for the purposes of this Act.
(2)The Central Authority shall be headed by a senior officer of the Ministry of Law, Justice and Parliamentary Affairs.
§ 4Powers and Functions of Central Authority
(1)The Central Authority shall receive, examine and transmit requests for mutual legal assistance to and from foreign states.
(2)The Central Authority may take such steps as may be necessary to give effect to requests received from foreign states.
(3)The Central Authority may coordinate with other authorities for the purpose of giving effect to requests for mutual legal assistance.
§ 5Advisory Board
(1)The Government may constitute an Advisory Board to advise the Central Authority on matters relating to mutual legal assistance.
(2)The Advisory Board shall consist of such persons as the Government may appoint.
§ 6Procedure of Advisory Board
The Advisory Board shall regulate its own procedure.
§ 7Finality of Decision
The decision of the Central Authority on any request for mutual legal assistance shall be final.
§ 8Scope of Assistance
(1)Mutual legal assistance under this Act may comprise- (a) taking of evidence or statements; (b) service of documents; (c) execution of searches and seizures; (d) production of documents and records; (e) transfer of persons in custody for the purpose of giving evidence; (f) any other assistance not incompatible with the laws of Bangladesh.
(2)The Central Authority may request any authority in Bangladesh to take such steps as may be necessary for the purpose of giving effect to a request for mutual legal assistance.
§ 9Sending and Receiving Request for Assistance
(1)A request for mutual legal assistance may be made by the Central Authority of the requesting state to the Central Authority of Bangladesh.
(2)The request shall contain such information as may be necessary for the purpose of giving effect to the request.
§ 10Rejection or Deferral of Request for Assistance
(1)The Central Authority may reject a request for mutual legal assistance if- (a) the request is not made in accordance with the provisions of this Act; (b) the request relates to an offence which is political in nature; (c) the request relates to an offence which is an offence under the laws of Bangladesh; (d) compliance with the request would be incompatible with the laws of Bangladesh; (e) the request is likely to prejudice the sovereignty, security or public order of Bangladesh.
(2)The Central Authority may defer a request for mutual legal assistance if compliance with the request would interfere with an ongoing investigation or proceeding in Bangladesh.
§ 11Execution of Request
(1)Upon receipt of a request for mutual legal assistance, the Central Authority shall, subject to the provisions of this Act, take all necessary steps to give effect to the request.
(2)The Central Authority may transmit the request to the appropriate authority for execution.
§ 12Assistance under Other Laws
Nothing in this Act shall prevent the provision of mutual legal assistance under any other law or treaty.
§ 13Non-disclosure of Confidentiality
No person shall disclose any information received in connection with a request for mutual legal assistance except as may be necessary for the purpose of giving effect to the request.
§ 14Presentation of Statements and Evidence for Investigation
The Central Authority may request the appropriate authority to take statements or evidence for the purpose of a foreign investigation.
§ 15Taking of Evidence (Testimony) by Courts of Bangladesh
A court in Bangladesh may take evidence of any person for the purpose of a foreign proceeding upon receipt of a request for mutual legal assistance.
§ 16Special Provisions Regarding Taking of Evidence or Statements
(1)Evidence or statements taken under this Act shall be admissible in the requesting state in accordance with its laws.
(2)The Central Authority may impose such conditions on the taking of evidence or statements as it considers necessary.
§ 17Identification of Person, Entity or Thing
The Central Authority may request the appropriate authority to identify any person, entity or thing for the purpose of a foreign investigation.
§ 18Use of Video Conferencing Technology
The Central Authority may use video conferencing technology for the purpose of taking evidence or statements under this Act.
§ 19Search and Seizure
A court in Bangladesh may, upon receipt of a request for mutual legal assistance, issue a warrant for search and seizure for the purpose of a foreign investigation.
§ 20Extradition of Person in Custody in Bangladesh
(1)Where a foreign state requests the extradition of a person who is in custody in Bangladesh, the Central Authority may, subject to the provisions of this Act, take steps to give effect to the request.
(2)The extradition shall be subject to the provisions of the Extradition Act, 1974 (Act No. XXIV of 1974).
§ 21Transit Custody of Person
Where a person is being transferred from one foreign state to another through Bangladesh for the purpose of giving evidence or assisting in an investigation, the Central Authority may authorize the transit custody of such person in Bangladesh.
§ 22Freezing or Seizure Order
A court in Bangladesh may, upon receipt of a request for mutual legal assistance, issue an order for freezing or seizure of property that is suspected to be related to a criminal offence.
§ 23Enforcement of Foreign Court Judgment
A judgment of a foreign court may be enforced in Bangladesh in accordance with the provisions of this Act and the rules made thereunder.
§ 24Rights of Third Party
Nothing in this Act shall affect the rights of any third party.
§ 25Freezing of Property Obtained through Offence
The Central Authority may request the appropriate authority to freeze property that is suspected to have been obtained through the commission of a criminal offence.
§ 26Production of Documents or Information from Government Offices
The Central Authority may request any government office to produce documents or information for the purpose of a foreign investigation.
§ 27Initiation of Criminal Proceedings
The Central Authority may request the appropriate authority to initiate criminal proceedings for the purpose of a foreign investigation.
§ 28Preservation of Computer Data
The Central Authority may request the appropriate authority to preserve computer data for the purpose of a foreign investigation.
§ 29Production of Preserved Computer Data
The Central Authority may request the appropriate authority to produce preserved computer data for the purpose of a foreign investigation.
§ 30Search and Seizure of Computer Data
A court in Bangladesh may, upon receipt of a request for mutual legal assistance, issue a warrant for search and seizure of computer data for the purpose of a foreign investigation.
§ 31Request for Assistance by Bangladesh
Where the Central Authority considers it necessary, it may make a request to a foreign state for mutual legal assistance in connection with a criminal matter pending in Bangladesh.
§ 32Special Provision Regarding Person Transferred to Safe Custody
Where a person has been transferred to Bangladesh in safe custody for the purpose of giving evidence or assisting in an investigation, such person shall not be prosecuted for any offence committed prior to his transfer.
§ 33Safe Treatment of Person in Bangladesh in Response to Request for Assistance
A person who is in Bangladesh in response to a request for mutual legal assistance shall be treated safely and in accordance with the provisions of this Act.
§ 34Limitation on Use of Evidence Obtained in Response to Request for Assistance
Evidence obtained in response to a request for mutual legal assistance shall not be used for any purpose other than the purpose for which the request was made.
§ 35Expenses
The expenses incurred in giving effect to a request for mutual legal assistance shall be borne by the requesting state unless otherwise agreed.
§ 36Admissibility as Evidence
Evidence obtained in response to a request for mutual legal assistance shall be admissible in court in Bangladesh in accordance with the provisions of this Act.
§ 37Language of Request
A request for mutual legal assistance shall be in English or shall be accompanied by an English translation.
§ 38Power to Make Rules
The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.
§ 39Power to Remove Difficulties
If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the official Gazette, make such provisions as appear to it to be necessary for removing the difficulty.
§ 40Publication of Translated Text in English
The Government shall cause the text of this Act to be translated into English and published.
§ 41Repeal
The Mutual Legal Assistance in Criminal Matters Ordinance, 2008 (Ordinance No. 22 of 2008) is hereby repealed.
The Mutual Assistance in Criminal Matters Act, 2012 establishes the legal framework for Bangladesh to provide and receive international cooperation in criminal investigations, prosecutions, and proceedings. It applies to requests for assistance made to and by Bangladesh under bilateral or multilateral agreements, or on a reciprocity basis. The Act designates the Attorney General as the Central Authority for receiving and transmitting requests. Key forms of assistance covered include taking evidence or statements, effecting service of process, executing searches and seizures, freezing and forfeiting proceeds of crime, locating and identifying persons, tracing property, and arranging for the temporary transfer of persons in custody. The Act sets out the procedure for making requests, the grounds on which assistance may be refused, and the use limitations on information and evidence obtained. It also provides for the enforcement of foreign restraining and forfeiture orders, requiring dual criminality for coercive measures. It is currently in force.
