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

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