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
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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.
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