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Originally Posted by Zeeshan
So in Bangladesh you can just arrest someone based on charge and accusation? Any one with legal background...? Tagging Navo here.
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Sunny, as with Rubel, were arrested under the "
Prevention of Oppression Against Women and Children Act 2000" [POAWC] which was enacted with the praiseworthy intent of reducing incidences of trafficking, kidnapping, rape, child molestation, etc. In terms of deterrence, it is hard to conceive a law that could be more strongly worded. However, the way the law is drafted has also left it open to abuse by unscrupulous litigants.
Firstly, the list of offences is not limited to rape, molestation, throwing acid etc. but, significantly, extends to "any indecent gesture" (s. 18, POAWC). As you can imagine, this vague phrase can include every action from inappropriate touching to (what is colloquially known as) 'eve teasing' comments. I should add that the punishment for such offences is severe, with sentences being from 2-7 years imprisonment and a fine (s. 10(2), POAWC). The scope of committing gestures that can be deemed 'indecent' has only grown with the widespread use of the internet.
Keeping that in mind, secondly, the law categorizes every offence under the Act as being 'cognizable' (s.19(1), POAWC), which means that the police have the authority to arrest suspects charged with such offences without a warrant. Given that there are serious personal consequences imposed on police officers for not completing an investigation into the offence within the stipulated time period (60 days + 30 days if necessary) they have every incentive to make an arrest immediately. In fact, under s. 59(1) of the
Code of Criminal Procedure [CCP], given the nature of the offence, even a private person can arrest the accused and turn him over to the police.
Thirdly, all the offences are 'non-bailable' (s. 19(2), POAWC), which is a bit of a misnomer as it possible to be enlarged on bail after being accused with such offences -- but under stricter conditions (section 497 read with s. 19(3), POAWC). With other non-bailable offences specified in the Penal Code, the court has to be sufficiently persuaded that the accused is guilty of an offence that would receive a death sentence for the court
not to grant bail, but under POAWC they can't release the accused on bail until the complainant has had the opportunity for hearing the (bail) application for the accused's release (s. 19(3), POAWC). The High Court Division of the Supreme Court of Bangladesh has the power to grant 'anticipatory' bail (s. 498, CCP) to an accused, regardless of the first instance court's order, but that is not common, as noted by this legal
practitioner. In effect, the accused has to spend at least some time in jail before being released.
Fourthly, is possible for the police to recommend prosecution of the accused even if an out of court settlement is reached between the accused and the complainant. In legal parlance, this is because the offences are not compoundable. Once a case has been filed, the police have to see it all the way through to a final investigation report -- which may or may not recommend prosecution regardless of any compromise reached.
So, yes, a jilted lover, ex-wife or irate employee could conceivably exploit the wide terms of this Act to damage the reputation of the accused. As a caveat, there is a 'safety valve' in the Act where a malicious complainant can be punished with up to 7 years imprisonment and a fine for filing a false claim under the Act (s. 17, POAWC). This provision has not often been utilised, but there is a precedent from
last year of a Bangladeshi woman being sent to jail for falsely accusing her ex-husband of forcing himself on her during a family visit.
I would also add that Bangladesh's Information and Communication Technology Act [ICT] also makes it possible to punish an accused for publishing defamatory and/or obscene content online that has the potential to 'corrupt' its audience (s. 57). This broadly worded section is also a cause for concern as it can be used with mal-intent as well.
TL; DR version: Yes, anyone charged with making indecent gestures to women (or children) can be arrested, without a warrant, and spend at least a day or two in jail pending bail. The accused could file a separate action claiming the case to be false but till now, it hasn't been used often.