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.
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