Given that an attempt to commit an offence is generally
punishable under the Code with half of the punishment
provided for the offence,51 it may be inferred that an attempt
to commit torture is punishable under the laws of
Bangladesh, but only to the extent that torture is addressed
as a criminal offence under enforceable laws. Similarly,
according to the Penal Code, complicity or participation in an
offence, depending on the circumstances of a case, can be
punished as a joint liability or abetment of the offence. The
principle of joint liability states that when a criminal act is
done by several persons, in furtherance of the common
intention of all, each of such persons is liable for that act in
the same manner as if it were done by him alone.52 On the
other hand, abetment of an offence means instigating any
person to do the offence or engaging with one or more other
person or persons in a conspiracy to commit the offence or
intentionally aiding a person to commit the offence.53 When
an offence is committed, its abetment is punishable with
punishment provided for the offence.54 Therefore, complicity
or participation in torture is punishable under the laws of
Bangladesh only to the extent that torture is addressed as a
criminal offence under the laws of Bangladesh.
51
Section 511.
Section 34.
53
Section 107.
54
Section 109.
52
36