are concerned, the maximum punishment, i.e.,
imprisonment for life or imprisonment for a term which may
extend to ten years plus fine, is prescribed for “voluntarily
causing grievous hurt with the intention to extort property
or to constrain to an illegal act”. This offence may in certain
circumstances cover the offence of torture. If it is so, the
punishment is adequate as per the obligation of Bangladesh
under Article 4 of the CAT. But in Bangladesh most of the
occasions of torture fall under the offences of “voluntarily
causing hurt with the intention to extort confession or to
compel restoration of property” and “voluntarily causing
grievous hurt with the intention to extort confession or to
compel restoration of property”. The former offence carries
a punishment of maximum seven years’ imprisonment plus
fine whereas the latter carries a punishment of maximum
three years’ imprisonment plus fine. The definition of
grievous hurt, as stated before, being very restrictive, most
occasions of torture fall under the offence of ‘voluntarily
causing hurt with the intention to extort confession or to
compel restoration of property’. The punishment for this
offence is very limited and falls remarkably below the
international standard set in Article 4 of the CAT.
Similarly, certain acts of torture can be punished under the
penal provision dealing with wrongful confinement to extort
confession.56 However, this provision is very difficult to apply
56
38
Section 348 of the Penal Code.