Analysis of Decisions of the Higher Judiciary on Arrest and Detention in Bangladesh
offence together with an adult. If a child is accused along
with an adult of having committed an offence, the case shall
be separated and transferred to the Juvenile Court or the
court empowered to exercise the powers of a Juvenile
Court.25 In violation of the provisions of the Children Act
1974, children are often put in cells with adults and common
criminals.
The Prevention of oppression of women and children Act,
2000 deals with particular offences relating to violence
against women and children. It is perhaps the only law which
has a separate provision for custodial offences, in the form of
a separate penal section and vicarious criminal liability when
there is custodial rape26. Strangely, there is no separate
provision on custodial violence against children. Offences
under this law are tried by a Special Tribunal.27 Significantly,
this Act also recognizes the vicarious liability of other officials
responsible for the woman in custody.
The Special Tribunal, established under this Act, awarded the
death penalty to the three policemen accused of raping and
killing Yasmin Akter in Moinul Haque (Md.) and other vs.
State28. This decision of the Special Tribunal was upheld by
the High Court Division and subsequently by the Appellate
Division of the Supreme Court. However, in another case,
25
Sec. 8 of the Children Act, 1974.
Section 9(v)
27
Section 20 and 25 of Prevention of Oppression of Women and Children Act
2000
28
56DLR (AD) (2004) 81.
26
45