CAT: A Study on Bangladesh Compliance when the act of torture is committed in legally authorised custody. Besides, an act of torture committed with a purpose other than the purposes mentioned in this penal provision cannot be addressed under this provision. Moreover, punishment for wrongful confinement does not take into account the gravity of the offence of torture. So far as the provisions of the Penal Code relating to criminal force are concerned, the term ‘criminal force’ includes what in English Law is called ‘battery’.57 On the other hand, the offence of assault is defined as an act of making any gesture or any preparation with the intention or knowledge of causing any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person.58 It is to be noted here that in light of the relevant provisions of the Penal Code, mere words do not amount to an assault, unless the words used by a person give to his gestures or preparations such a meaning as may make those gesture or preparations amount to an assault.59 Looking analytically at the penal provisions of Bangladesh concerning ‘criminal force’ and ‘assault’, it is evident that these provisions, being very limited in application, are not wide enough to deal with the offence of torture although on some occasions certain aspects of torture can be punished 57 R Ranchhoddas and D K Thakore, The Indian Penal Code (Nagpur: Wadhwa and Company, 1996), 395. 58 Section 351. 59 See, ibid. Explanation to Section 351. 39

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