CAT: A Study on Bangladesh Compliance 5. Analysis of the Gap between International and National Legal Regimes Although the penal provisions, as applicable in Bangladesh, criminalise the acts of torture and other inhuman or degrading punishment and treatment, and provide punishments of various kinds for each category of offence amounting to torture, these provisions are yet to conform to the international standard, as set by the CAT. For example, if we look at the provisions of the Penal Code, dealing with hurt and grievous hurt, we see that these offences are widely categorised for the purpose of punishments.55 All these offences may in certain circumstances cover the offence of torture as defined by the CAT. But these cannot exhaustively deal with torture since these penal provisions are not relevant when dealing with torture inflicted by mental pain or suffering. So far as punishment for hurt and grievous hurt 55 Different categories of hurt and grievous hurt consist of, inter alia, (i) voluntarily causing hurt not in consequence of grave and sudden provocation; (ii) voluntarily causing hurt with dangerous weapons or means; (iii) voluntarily causing hurt in consequence of grave and sudden provocation; (iv) voluntarily causing hurt with the intention to extort property or to constrain to an illegal act; (v) voluntarily causing hurt with the intention to extort confession or to compel restoration of property; (vi) voluntarily causing grievous hurt not in consequence of grave and sudden provocation; (vii) voluntarily causing grievous hurt with dangerous weapons or means; (viii) voluntarily causing grievous hurt in consequence of grave and sudden provocation; (ix) voluntarily causing grievous hurt with the intention to extort property or to constrain to an illegal act; and (x) voluntarily causing grievous hurt with the intention to extort confession or to compel restoration of property. 37

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