Chapter I

1.1 Introduction

Nari o shishu Nirjaton Damon Ain (Act xviii of 1995) is a specialized law that passed into law and came in force on 17 July 1995. This law mainly deals with the violence’s against women and children. The word woman means according to this Act is woman of any age and child means any person under the age of sixteen (amended).  Nirjaton meaning violence includes all kinds of assaults to woman or child where it could be physical or mental. The Act was introduced with great expectation to reduce and remove the violence against women and children.

Now it is question to what extend the expectation is fulfilled. From the very beginning the vision for which the Act was enacted becomes a failure. Because crimes relating to children and women did not reduce they rather were accelerated. Such crime include violence related to dowry, rape, domestic violence etc tremendously increased.

This Act contains 29 sections which provide for crimes relating to murder due to rape, dowry, abduction, mutilation, trafficking etc and also provides for punishment for its perpetrator in one part then it deals with the constitution of the court, its procedure jurisdiction, appeal procedures etc in another part.

It has been amended for two times up to date, one is in 2000 and another is in 2003 and introduced some more precise provisions in a polished manner. Now it is called Nari o Shiushu Nirjaton Damon (amendment) Ain 2000. A gross change has occurred in the amendment of 2000. Here it was extensively modified and enlarged. That is why the Act of 1995 does not fully comply with the provisions of 2000 word for word.

In 2000 there are 34 sections and they are divided in three parts. One includes short title, definition and supremacy of the Act, second is about punishments for perpetrators and third is about trial, procedure, investigation, cognizance, jurisdiction, appeals etc.

The Act turns 15 this year. During this time it is now subject to justification that so far the Act is successful in its implementation. From the last couple of years it do not giving us positive sign rather than day by day it becomes alarming. Dowry and rape come to the front with giant steps. So when any one says the words “Nari o shishu Nirjaton Daman Ain” the image of dowry and rape come first. That means these two crimes are now become common crime where as to the rest one’s are crime but not so common under this Act.

Chapter II

Scope of the crimes against woman and child

2.1 Outline of the Act

Generally an Act contains outline which deals with short title, definitions and supremacy of the Act. An Act must have a short title which is referred as its identity. This is the title by which we can call it. Mere title itself is not sufficient. There must have number of the Act and the year of passing. Its object is identification not description . Thus the citation of this Act is Nari o Shishu Nirjaton Damon Ain, 2000. [Act No. VIII of 2000]

Section 2 of the Act deals with the definitions. It defines the terms which have special meaning under this Act. Terms used under this law must be define an interpreted according to its definition clause and rules of interpretation. Such as S. 2(b) said about Abduction which means by force or by temptation, or by enticement or by deceitful means or by intimidation, compels any person to go from one place to other place. In S. 2 (k) children means any person under the age of sixteen years sixteen years aged. Thus rape, ransom, Detention, Dowry etc are defined in S. 2 subsections (a) to (l) in total 12 definitions. These terms mean and define in the suits relating to Nari o Shishu Nirjaton Damon Ain. 2000.

A complete Act generally contains clauses which are called non obstante clause. In other words it is the supremacy of the code. S. 3 of this Act deals with that supremacy. In conflict of any other laws with Nari o Shishu Nirjaton Damon Ain which one will be prevailed? Here section 3 provides in confliction with any other law this Act will have effect. That means it can override the others.

2.2 Punishment

This Act is mainly penal in nature. That’s why in Sections 4-12, 14, 17, 30 deals with the punishments for the offences under this Act. The picture of punishments as following.

Ss   Name of the offence   Imprisonment in different phase       Fine(if available)in different phase

4     Offences caused by the inflammatory substances 3 years to death sentence     50,000 to 1 lac

5     Trafficking in women, etc 10 years to death sentence Not fixed

6     Trafficking in children etc Life imprisonment to death       Not fixed

7     Abduction of women and children etc    Life imprisonment not less than 14 years Not fixed

8     Realization of Ransom      Life imprisonment or death        Not fixed

9     Rape, death for committing rape, etc      5 to death sentence       1 lac to up

9A  Abetment in committing suicide of women etc    5  to 10 years     Not fixed

10   Sexual assault etc 3 to 10 years Not fixed

11   Causing death for dowry   1 to death sentence     Not fixed

12   Mutilations of the children for the purpose of begging etc life imprisonment or death      Not fixed

14   Publication of the identity of the victim in media 2 years   imprisonment      1 lac

17   Instituting false case etc    7 years imprisonment Not fixed

30   Abetment committing offence  Same punishment for the offence abetted

2.3 Constitution of tribunals and jurisdiction

The Act clearly defines that the perpetrators under this Act will be triable in a Special tribunal which is established under this Act. This tribunal has exclusive jurisdiction to try the suits under this Act. Section 26 of this Act clearly stated that the tribunal is named as Nari o Shishu Nirjaton Damon Tribunal and the judges of this tribunal should be qualified as district judge or sessions judge. The district and sessions judge also includes additional district and sessions judges.

Section 27 of the Act provides for the jurisdictions which tribunal can exercise. It directly stated that tribunal can take cognizance of a offence reported in written by the police officer not below the rank of S.I or any other persons especially empowered to do such report by the order of government. If there is any contrary to that the tribunal possesses the jurisdiction to reject the report with some exceptions. If any offence is involved with other offences such a way under this Act then for the interest of the justice in the trial both offence can be tried together in one case according to provisions of this Act in same tribunal.

The tribunal is not so exclusive that it has no accountability. S. 31A specified its accountability to the appropriate authority if the tribunal failed to dispose of case according to S. 20 (3) within the mentioned period. Reports have to submit to the Supreme Court within 30 days and a copy of that report will have to submit to the superior authority that can take proper steps against the accused for not completing the case.

If the party is aggrieved with the decision of this tribunal there is provision of appeal under S. 28 of the Act against the order or judgment to the high court division within the 60 days of that order or judgment.

2.4 Trial and execution process

The tribunal has to maintain certain rules or procedure in execution of its trial. Section 20 provides those procedures as given bellow –

(a)   The trial of any offence under this Act will be justifiable under the Nari o Shishu Nirjaton Damon Tribunal constituted under section 25.

(b)  If the hearing of a case is begun/begins in the tribunal then without break that will continue on every working day till the termination of judgment.

(c)   The tribunal shall complete/conclude the proceeding within 180 days from the date of receipt of the case for trial.

(d)  If the proceeding of the case in not completed within the said period the tribunal may release the accused on bail and if the accused is not released on bail then the tribunal will record the reasons.

(e)   If the judge of the tribunal is transferred without the finishing the proceeding of any case then the succeeding judge will try the case from what stage is left by his predecessor and the examination taken by his predecessor is not necessary to take again.

(f)   Provided that if the judge is of opinion that further examination is necessary for the interest of justice he may re summon any such witness and may take the examination again.

(g)  The tribunal may start the trial proceeding of the offences under S. 9 of in camera responses to the application if thinks fit by his own description.

(h)  If any child is connected of committing offences under this Act then the provision of the children Act 1974 shall have to be followed as far as possible.

(i)   The tribunal will take the opinion and consider for the welfare and protection of interest of the women and children in case of giving order to keep any women and child in safe custody.

Apart from this the tribunal has to be take cognizance of the offence according to provision referred in S. 19 and the offence to be investigated by following the rules mentioned in S. 18 of the Act.

The tribunal can dispose of a case in absence of the accused person, if there are reasonable grounds to believe that he is absconded himself so that he can not be arrested or produce before the court for trial. But before that there should be a wide circulation in daily newspapers to appear before the court as specified in order within the period of 30 days. If he fails he would be tried in his absence within the authority of S. 21.

The procedure for realization or recovery of fine or compensation is imposed under this Act. The tribunal may direct the collector of the concerned district to make a list of both movable and immovable property of the accused and by attachment and selling in the auction the received money have to give to the victim in according to section 16 of the Act. If the property is not available it can be obtain from the future property which he or his successor will acquire under section 15 of the Act.

In case of passing death sentence the tribunal has to follow some procedure as if a tribunal passes death sentence. Then the record of the concerned case shall be submitted forthwith to the high court division in accordance with S. 374 of the CrPC and the sentence shall not be executed without the confirmation of the HCD.

2.5 Miscellaneous

When any child is born of after or for committing rape what would be its status. S.13 clearly specified that,

(a)   The child will be kept under the case on superintendence of its mother on maternal relatives.

(b)  That child will be entitled to be acquainted with on introduced by the identity of its father or mother or both.

(c)   The government will bear the maintenance of that child till ability of maimed child.

(d)  The government will collect the money for maintenance of the child from the rapist.

Ss. 22, 23, 24, 25 of this Act declared respectively about-

  • The power to taking statement at any place by magistrate.
  • Evidential value of chemical examiner blood examiner, etc.
  • Presence of witness
  • Application of code of CrPC etc.

There are also provisions relating to safe custody, medical examination of the victim, power to make rules for carrying out the purpose of this Act in Ss. 31, 32, 33.

Chapter III

Assessment of Implementation

3.1 General observation

What does implementation of law means? This question is also my question. That’s why I have searched some number of books but did not get a precise answer. By research I made a personal thought in that respect. I think offence is equivalent to the disease which basic different is one works in society and another works in a body. When a body or a society attacked by disease or offence/crime both become unrest. Then to cure the disease we take antibiotic where as to cure crime we enact laws. When a body became free from disease we say that medicine was just and when any society became able to prevent any crime by enacted law then we say that was properly implemented. That means any particular law became able to prevent any particular crime for which it was so enacted is implementation. Such as S.14 of the Nari o Shishu Nirjaton Damon Ain, 2000 provides for prohibition or restriction on publication of the identity of the raped on assaulted women or children in the news media or electronic media. In recent years there is no case reported under this section. That means law became able to prevent the crime and it proves its implementation.

However implementation depend on several things as-

    Public awareness

    Application and enforcement of laws etc.

Hence public awareness play vital role in implementation of any law. When any law accepted by public positively that effect very well. As per example in recent years the ratio of acid burns of women reduced respectively which is commendable.

Again when there is law but do not have its application never been implemented. It can be exemplified by our “Environmental law” which is not properly implemented due to its inapplicability. Application and enforcement lives quite near to each another. A uninforced law have no value. It is just a show piece which is decorated in the law book. Fine of 50 taka for smoking in public place is a valueless law. Law enforcement agency also violate this law in practical too.

So to implement a law these criteria have to be fulfilling in regard to its success. Growing up of legal sense of public may also be helpful for this.

3.2 Case Studies

I have examined different law reports of recent years. Then I tried to measure so far the Ain  is implemented.

Case 1

In the case of Abdul kalam Azad alias Ripon vs. state   it was observed that the appellant was sentenced to death for torture and murder of her wife Mahmuda Sultan Mammi on the demand of dowry. The Judgment was given on the principle as – “Even if there is no specific mention of demand of dowry in Material exhibit 1(c) but as the trial court has observed on reading the writings in the diary in its entirety it cannot be said that the fact of torturing the victim for not meeting the demand of dowry was totally absent”

And thus torture was well proved and demand of dowry was proved by the oral evidence of the prosecution witnesses. Thus appeal was dismissed.

Case 2

In the case Abdul mannan alias Mona miah Vs. state   it was observed

“In order to convict one under S. 10(1) of the Act, it must be proved that the death was caused because of the non payment of dowry. The demand and refusal of the demand and the consequent killing must from the same transaction,”

A previous demand even if proved cannot us presumed to have any nexus with the offence. In this case prosecution has hopelessly failed to connect the condemned prisoner with the demand of dowry and in absence of any ingredients of S. 10(1) of the Act of 1995, we find that the whole trial is without Jurisdiction and conviction and sentence under S. 10(1) of the Act, 1995 has been vitiated for want of Jurisdiction also.

In the result, this death reference is rejected and criminal Appeal No, 152 of 1995 is allowed the impugned Judgment and order of conviction and sentence is set aside and the condemned prisoner is found no guilty of the charges leveled against him and he is acquitted of his charge.

Case 3

In the case of Zitu Ahsan Alias Apon Vs. State  it was observed that Examination and cross examination no where it has been stated that there is any resistance or any act of sexual intercourse. There is also no sign of violence as certificate issued by the doctor and all the witnesses categorically stated that there was marriage in between the victim girl and the appellant. In the absence of any threat or any fraudulent activities the intercourse has been committed on her consent. Therefore it does not attract any ingredients of offence under S. 9(1) of the Nari o Shishu Nirjaton Damon Ain . Practicing fraud upon her, doing intercourse without her consent in very much absent and therefore we do not find that court below could justify itself in convicting and sentencing the appellant in the instance case. It was not a case of rape which court has totally failed to appreciate in the judgment and order, as such it is liable to be set aside.

Case 4

The case Golam Murtuja Vs. State  was criminal petition for leave to appeal No. 212 of 2003 observed by Md. Ruhul Amin, Syed J.R. Mudassir Hussain and M.M Ruhul Amin , JJ as-

In the absence of any other proof of commission of murder of the wife in other way and in the absence of any explanation coming from the side of the husband for the murder of his wife in his custody, and it being proved by evidence that the condemned prisoner demanded dowry some days before murder of his wife complied with the fact of his ascendance from the house on the night of the occurrence of murder, being proved, the petitioner is guilty for murdering his wife for dowry which is punishable under S. 10 (1) of Nari o Shishu Nirjaton Damon Bishesh Bidhan Ain, 1995.

Case 5

In the case State Vs Md. Halim Howlader  Justice Maqbul Huq and Justic Md. Emdadul Haque Azad came to decision on the point that-

There is no legal evidence on record to hold the accused demanded any dowry from the victim or from her relatives or that the accused assaulted the victim on the date of occurrence on demand of dowry. This aspect of the prosecution case totally fails. The tribunal also observed in its judgment that the victim at one stage of the assault by the accused became senseless and as such the accused with a view to save him poured poison in her mouth. There is also no such evidence on record. This observation of the tribunal also appears to be absolutely imaginary. The PM report is not clear and it can not be said that the victim died as a result of injuries found on her person rather the opinion of the board that the death of the victim was due to combined effect of poisoning and injuries. The injuries found her person clearly show that the victim did not die as a result of injuries. In view of the aforesaid materials on record it is doubtful whether the victim was murdered by the accused. Thus the accused is entitled to be benefit of doubt.

In the result the death reference is rejected and the order of conviction and sentence is set aside. And he is acquitted of the charge leveled against him.

Case 6

In the case State Vs Mozam @Moammel and others  the justifiable matter was confessional statement given by co-accused under section 24 of the Evidence Act. And Ss 6(4)/9 (ga) and 6(4) (14) of the Ain. Here justice SK Sinha and Justice MM Rahman Bhuiyan observed that, considering the medical evidence along with Modi’s Medical Jurisprudence and Toxicology, there’s no doubt that the victim has not been raped by the accused person before her death. The confessional statements of two accused persons were procedured by torture which were neither true nor voluntary and no conviction can be based on such confessional statements, more so, both the confessional statements are exculpatory in nature corroborating the confessional statements. A confession of a co accused is very weak evidence. It does not come with the definitions of evidence Act. Thus the confession of a co-accused implicating other co-accused is not legally admissible for the conviction of other co-accused. The Bisheash Adalat convicted accused Monsur, Mozam, Faruque and Monta saying on the confessional statements made by Mohammad Ali and Royal Ali which is not sustainable in law.

As a result the court rejected the death reference and allowed the jail appeal. The judgment and order given by lower court is set aside. And not having any guilty of Monta and others of the charges leveled against them are acquitted.

Case 7

In the case State Vs Abul Kashem  there is no clinching evidence came forth that condemned prisoner trafficked victim Rubel to Dubai and sold him there for purpose of being used as camel jockey in camel race. Taking into account the startling features, important aspects of prosecution case and evidence on record it cannot be suggested that the prosecution had substantially proved the case beyond reasonable doubt. Benefit of doubt, thus must be given to condemned prisoner.

So the conviction alleged against Abul Kashem under Ss. 12 and 14 of the Ain is not well proved. Thus he is acquitted from the conviction and settled at liberty.

Case 8

In the caseMd. Moynul Hoque  and Md. Abdus Satter Vs The state  the leave petition arises from the sensational yasmin murder case of Dinajpur. Here CJ Syed J.R. Mudassir Hussain, Justice Mohammad Fazlul Karim, and Justice Amirul Kabir chowdhury given their judgment on following factor.

In a police custodial death the custodian police has to explain satisfactorily the circumstance under which the victim died. When the custody of the deceased with the police is established in the late house of the night of occurrence and the dead body with injuries head, throat and female private parts was found in the following morning and the explanation offered found unacceptable in all probabilities, conviction and sentence of the condemned prisoners are held to be perfectly justified by the apex court.There no evidence nor any circumstance appearing in support of such wild suggestion, we are of the view that the plea raised by the defense has no leg to stand. The girl being in the custody of the accused and later being found dead lying beside the road and from medical evidence there being sign of rape the usual conclusion in that of commission of rape on her and causing her death which is based on the evidence mentioned in the case. Thus having no illegality of high court division of the judgment and order given the court finds nothing to interfere and the petitions were accordingly dismissed.

Thus I have examined DLR, MLR, BLD and BLC all were reported from 2003 to 2008. There was about 140 judgments given under Nari-O-Shishu Nirjaton Damon Ain. Among them 113 Judgment given by HCD and rest of 27 judgment given by AD. From the whole judgment relating to punishment were 105 and judgment relating to procedure of courts under this Act were 35. More specifically a short table is given below to understand all about this work.

Sl. No.   Subjects of dispute     Number of cases disposed of

1     Rape      32

2     Dowry   30

3     Abduction    13

4     Trafficking   7

5     Offence by inflammatory substance 6

6     Sexual Assault    4

7     Ransom 1

8     Media (Print/Electronic)   1

9     Abetment     11

10   Jurisdiction  11

11   Cognizance  5

12   Tribunal 2

13   Investigation 2

14   Custody 2

15   Appeal  3

16   False Case    6

17   Code of criminal 4

From the whole of this study it has discovered that 60-70 percent of allegation against the accused person is disproved. It can be easily find out from my 8 case study given before. That indicates us there may be probability of false case, coercion, undue influence, inefficiency, uninforcement,   unimplementation and so many other things. Though this Act is especially for women and children in recent year’s observation it is proved that 98% of cases are women related. There are some rules which were abused and there are some offences which were not included in this Act.

Chapter IV

Practical Scenario: Statistical studies of recent trends

There is no doubt about the violence against women and children are common scenery in our society. Almost every where in our country its happening. There may be many reasons why it increasing tremendously which resulting jam of suits in police station and in the court as well. Thousand of cases are pending in the courts for years where there are provisions to dispose of suits within 180 days from its filing. However I have studied many reports on violence against women and children reported by the “Ain o shalisk Kendra” (ASK) and “Women for women”, other violence. It has been seen that violence against children is very poor within the ambit of this law. Maximum violence are relating to women because of having Children Act 1974. That is why Nasi o shishu Nirjaton Damon Ain, 2000 mainly   covers violence relating to women. Violence against woman normally is not limited within so called Dowry and Rape.  There are so many other violences which are not included in this Act. Such as

    Domestic violence

    Violence against Domestic worker

    Violence instigated by fatwa and other

    Acid burns

Though there is a special law relating to Acid burns named Acid Aparadh Damon Ain, 2002, Maximum Victim of it is women and rest of violence’s are under penal code, 1860.

The practical scenery of this violence in recent years as follows

Domestic Violence:

Graph 1

Data source: ASK annual reports

In recent years mainly from 2003 to 2008 it has seen that there is a gradual increase of domestic violence in our country. In 2003 it was 118 case filed for such violence. Having no provisions in Nari o shishu Nirjaton Damon Ain all were filed under Penal Code 1860. In 2005 it reached to the pick. From 2006 to 2008  it shows its alarm which break up all previous records.

This violence is happened through following types of torture-

    Torture by husband

    Torture by husbands family

    Torture by own relatives.

    Murder by husband’s family member

    Murder by own relative etc.

Acid Burns:

Graph 2

Data source: ASK annual reports

The scenery of this violence is quit well. Criticisms, Advertisements through print and electronic media, public awareness, strictness of law and above all its proper and retributive punishments leads it to reducing position. That’s why in 2003 it was 119 but in 2008 it turns into only 22.

This violence happened due to following causes-

    Family dispute

    Refuse marriage proposal

    Enmity

    Refuse to pay dowry.

    Refuse offer of love

    Land dispute

    Refuse sexual relationship

    Prevent of extra marital affairs.


Graph 3

Data source: ASK annual reports

One of the most criticized topic in our country in recent years. As a result in 2004, 2006, 2007 and 2008 the statistics showing a stable situation where as in 2003 it reached to the highest position.

This violence caused following torture-

    Physical yorture

    Acid burn

    Divorce

    Separation

    Suicide.


Graph 4

Data source: ASK annual reports

One of the most hateful crime and sign of inhumanity is rape. A contributive will and initiative from the public and law agency make it able to control. Strictness of its punishment also played important role in that respect. In 2003 it was 644 but in 2008 reduced to 254 which is a good sign.

Violence against Domestic worker:

Graph 5

Data source: ASK annual reports

Because of having no special law in that matter it became a sign of fear for its increasing trend. From the graph it can see that there is good variation through years and tending to grow up. In 2003, 2005 and 2008 it jumped up.

This violence includes following torture-

    Physical torture.

    Rape

    Death from physical torture

    Death form Rape.

Violence instigated by fatwa and others:

Graph 6

Data source: ASK annual reports

The rate of this offence is very low but it should not avoid. It mainly happens due to illiteracy and some social undue influence. There are highest case filed only 8 in 2006 if it do not  handle carefully that will increase day by day

The main causes for this kinds of violence are-

    Love

    Premarital Pregnancy

    Oral Divorce

    Rape

    False blaming

    Allegation of love

    Extra marital relationship

    Marriage not done by religious rituals etc.

It does not mean that the number of cases filed determine the number of violence. Million of disputes relating to violence against woman settled through negotiation of family members indeed. Generally People think about the police station and the premise of court is not place for gentlemen. Going to court for family matter is very prestigious. Rather it is better to resolve the matter within family environment. In one sense it’s not a bad concept holding by general people. Actually it’s seems like that why they should be fallen in harassments of both money and image by going police station or court for family related violence. So they choose that way. But it is not working effectively due to illiteracy and inefficiency. After being too much harassment the victim became obliged to take action through law. That is why the number of case filed do not comply with the number of violence. In the year of 2008 there about 1083 cases filed under Nari o Shishu Nirjaton Damon Ain, 2000. Among them only 349 cases are settled and rest of them are still pending . This is how it maintaining S. 20 of the Ain .

In the aforesaid tables it has been seen that there are some number of violence which are huge but not within the ambit of Nari o Shishu Nirjaton Damon Ain. Among them domestic violence and violence again domestic worker is very alarming. It’s happening from years but still it did not placed in to the Ain while two times it already amended.

Chapter V

Success and failure of the Ain

Assessment of the success of Nari o Shishu Nirjaton Damon Ain is quite difficult one. In spite of having very good success it is not free from some failure. The main success of this Ain is that it sets fear to the perpetrator against these violence. Now every where it is thought that there is a law for the help of victim women and children. The torturing husband and his relative now think before torture her. It is the success to establish fear to the mind of criminals. Another great success of this Ain is that it became able to reduce the two great hateful crimes Rape and Dowry. In graph-3 it was seen that where in 2003 the rate of dowry was 193 but in 2008 it is only 42. That means it going positively. And in Graph-4 noticed us that in 2003 the rate of rape was 640 whereas in 2008 it was only 254 which indicate that it reducing gradually. Some other offences like abduction, trafficking, ransom, offences by inflammatory substance etc also reduced.

But on the other side some violence which are not within Nari o Shishu Nirjaton Damon Ain increasing alarmingly. Though these are going through penal code all are violence against women. In 2003 (Graph-1) the total domestic violence was 115, in 2005 it was 140 and in 2008 it was 133. That means its following to the up. Violence against domestic worker also holds same picture. In 2003 (Graph-5) it was only 48 but in 2005 and 2008 it was 59 and 54 respectively. There is another type violence increasing but not coming to the glance. That is violence instigated from fatwa. In 2006 (Graph-6) it reached to the pick.

The great failure of this law is it did not following speedy method of trial. Though there is provisions to dispose of suits within the 180 days under section 20 of the Ain from the date of the receipt of the case for trial. So all victim women and children do not getting relief from the harassment of police and court.

Again from the study of law reports from 2003-2008 it was examined that maximum judgment were set asides by the higher court and the accused was acquitted. So it impliedly indicates me very presence of false cases.

There is an ambiguity in this law. In section 3 it provides its supremacy on the other hand in section 25 declares its dependant on CrPC.

Chapter VI


The rules which are prevailing in the Nari-O-Shishu Nirjaton Damon Ain is nothing but some amended punishments in comparison to penal code, 1860. Such as the offences for which there was simple imprisonment in penal code, it is amended to the death penalty and added fine in the present Act. The similarities of both are as follows.

Offences relating to violence against woman

Name of Act Causing death for dowry/Murder    Woman and child trafficking  Rape/Death caused from rape   Acid burns/ Death caused by inflammatory object

Penal Code,1860 Ss-299,300,301-308   Ss-359-363,366,372,373.       Ss-375,376   Ss-326,326 A,B

Nari-O-Shishu Nirjaton Damon Ain,2000     Ss-11     Ss-5,6    Ss-9     Ss-4

So to make successful of this Ain there needs some modifications as-

    All the offence relating to violence against women should have to take within the premise of Nari o Shishu Nirjaton Damon Ain.

    Investigation of offences should be proper and just that there never should any chance of false case.

    The method of speedy trial under S. 20 should be strict.

    Act itself should have to contain procedures that it never has to follow any other procedural laws.

    Section 33 of the Ain should have to use properly by following equity and justice.

    And all other amendments in time being necessity.

Beside this we also have to grow up our consciousness, and responsibility to obey the rules. We should keep love and respect for the women and children as well. That would be very success of this law.