NARI-O- SHISHU NIRJATAN (BISHESH BIDHAN) AIN, 1995

(XVIII OF 1995)

Section—23

Applicability of the Code of Criminal Procedure

Under section 23 of the Act the provisions of the Code of Criminal Procedure have been made applicable in respect of investigation, trial and disposal of cases coming under this Act. Regarding investigation, time limit has been fixed in section 18 of the Act without making any provision as to what legal consequences shall follow if the investigation is not completed within the specified time. So in this regard the provisions of section 167(5) Cr.P.C. as amended by Act XLII of 1992 shall be applicable and the accused is entitled to bail in suitable cases.

Md. Anwar Hossain Vs. The State, 18 BLD(HCD)18

Section—20(5)(Ka)(Kha)

The trial Court issued processes for arrest of the accused and for proclamation and attachment of his properties but the service return of the said processes was yet to be received by the Court. Without taking further steps in the matter the Court resorted to the provision of section 20(5)(Kha) by publishing a notification in the daily It, directing the accused to appear before the Court within 30 days of such publication. Since there was no material before the Court to be satisfied that the accused was avoiding arrest and he was concealing himself from appearing in the Court and his attendance or arrest could not be secured at an early date, the impugned notification in the newspaper was in clear violation of section 20(5)(Kha) of the Act.

The intention of the legislature in making the provision for publishing the notification in question in at least one daily news paper under section 20(5) (Kha) is obviously to indicate a widely circulated national daily and not a district based daily newspaper with a very limited circulation.

Belayet Howlader Vs. The State, 18BLD (HCD)81 

Section—6(3)

From the oral evidence and from the facts and circumstances, it is quite clear that the informant was raped on the night of occurrence by accused appellants. Though on medical examination of the victim no sign of rape was found and though no mark of violence was noticed on the body of the victim, in view of the entire evidence on record it appears that the victim was raped by the appellants. So, the learned Judge committed no illegality in convicting the appellant under section 6(3) of Nari-O-Shisu Nirjatan (Bishes Bidhan) Ain, 1995.

Badal and another Vs The State, 19BLD (HCD)527

Section—9(Kha) and 14

For bringing accusation of kidnapping a woman for accomplishment of one of the purposes as mentioned in section 9 of the Act or to put a person on trial to answer the accusation of kidnapping a woman for one of the purposes mentioned in the section there must be kidnapping of a woman for one of the purposes or in other words there must be kidnapping with a mind to accomplish one of the purposes mentioned in the section.

Framing of charge against the petitioners under sections 9(Kha) and 14 of the Am is not legal and as such the continuation of the proceedings of Nari-O-Shishu Case would amount to harassment to the petitioners and that also would amount to an abuse of the process of Court.

Younus Ali & 3 others Vs. The State, 19BLD(HCD)150

Scction—23

Applicability of the Code of Criminal Procedure

Under section 23 of the Act provisions of the Cr.P.C. have been made applicable to cases coming under this Act in matters of investigation and trial. Although time limit for completing investigation has been fixed in section 18 of the Act, no provision has been made as to what legal consequences shall follow if the investigation is not completed within the specified time. So, the amended provision of section 167(5) Cr.P.C. shall apply in this regard.

Md. Anwar Hossain Vs. The State, 18 BLD(HCD)18.

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