DETERENT PUNISMENT ORDINANCE, 1983


Cruelty to Women (Deterent Punishment) Ordinance, 1983
[LX of 1983]
Section 4(b)—
For sustaining a charge of kidnapping a woman for unlawful purposes the alleged victim must be in between 16 and 18. If she is above 16 but below 18 and if no force is used to go with the accused it will not be an offence under the Penal Code or the Ordinance for deterrent punishment.
Monindra Kumar Malaker Vs. State 42 DLR 349.

Sections 4(b) & 4(c)—
Even if the plea of the defence that the victim girl gave her consent to the alleged marriage and sexual intercourse is accepted still that will not help the defence, because she being a minor her consent was in fact no consent in the eye of law.
Siraj Mal & ors. Vs. State 45 DLR 688

Section 4(b)(c)(9)—
There is no overt act proved against accused Ananda in any conspiracy resulting in the abduction of the victim girl by Swapan—Prosecution failed to prove the charge of abetment against Ananda.
Ananda Vs. State 41 DLR 533.

Section 4(b)(c)(9)—
The Sessions Judge had no jurisdiction to try the case under the provisions of the Code of Criminal Procedure (V of 1898).
State Vs. Khalilur Rahman 41 DLR 1.

Sections 6 and 10—
Mere allegation made by the wife that her husband (accused) had beaten her on 2.11.1984 while demanding dowry and ousted her from her house, in the absence of any allegation that the accused husband caused or attempted to cause death or grievous hurt to her, will not come within the mischief of section 6 of the Ordinance.
Firoza Begum Vs. Hormuz Ali 40 DLR 161.

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