Arrest, etc.

(1) Notwithstanding anything contained in this section, a child below the age of 9 (nine) years shall, in no circumstances, be arrested or, as the case may be, detained. (2) Notwithstanding anything contained in any other law, no child shall be arrested or detained under any law relating to preventive detention. (3) After arrest of a child, the police officer who arrests the child shall immediately inform the Child Affairs Police Officer the causes and place of arrest and subject matter of the allegation etc. and, after primary determination of his age, shall record it in the file: Provided that no child shall be hand-cuffed or tied up with rope or cord around the waist. (4) For the purpose of determination of age under sub-section (3), the police officer shall record his age by finding out and verifying the birthregistration certificate or, in absence of such certificate, the relevant documents including the school certificate or the date of birth given at the time of school admission: Provided that where it appears to the police officer that the concerned person is a child but, despite all possible attempts, it is not possible to be confirmed through any documentary evidence, the said person shall in that case be considered as a child under the provisions of this Act. (5) If there is no safe place appropriate for a child in the concerned police station, steps shall be taken to detain the child in a Safe Home after arrest until his production before the court: Provided that in case of detaining the child in a Safe Home, he shall not be kept together with the adults or any child who has already been found guilty or offender and with any child in contact with law.

Section 34: Order of detention by Children’s Court, etc.

(1) Where a child is found guilty of an offence punishable with death or imprisonment for life, the Children’s Court may order him to be detained in a Child Development Centre for a period not exceeding 10 (ten) years but not less than 3 (three) years: Provided that if any child is found guilty of an offence not punishable with death or imprisonment for life, the Children’s Court may order him to be detained in a Child Development Centre for a period not exceeding 3 (three) years. (2) Notwithstanding anything to the contrary contained in the order of the Children’s Court or in any other law for the time being in force, if there are positive and significant changes in the behaviour, character or personality of the child who is ordered to be detained and if the child is not charged for murder, rape, robbery, dacoity, drugs-dealing or any other heinous, hateful or serious offences, the authority of the Child Development Centre or the certified institute may, for the purposes of taking measures to release the child immediately upon his attaining the age of 18 (eighteen) years, send recommendation to the Government at least 3 (three) months before the child attains the age of 18 (eighteen) years. (3) If the child, charged with an offence of murder, rape, robbery, dacoity or drug-dealings or any other serious offence, attains the age of 18 (eighteen) years and the case is still under trial, or where the child, ordered by a court to be detained in connection with cases of such offences, attains the age of 18 (eighteen) years, the authority of the Child Development Centre or any certified institute shall, with approval of the Children’s Court, send the concerned person to the central or district jail immediately. (4) The prison authority shall make arrangement for keeping the person sent under sub-section (3) in a separate ward by separating him from the accused persons staying in the jail who are convicted or under trial under any other law, where the concerned person shall stay for the period of his detention or, as the case may be, for the remaining period of his detention. (5) Where the trial concludes after the child has attained the age of 18 (eighteen) years and the child is ordered to be detained, the Children’s Court shall send the child directly to the central or district jail. (6) Notwithstanding anything contained contrary in this section, the Children’s Court may, if it thinks fit, instead of directing any child to be detained in a Child Development Centre under sub-section (1), order him to be discharged after due admonition or released on probation subject to good conduct. (7) While releasing the child on probation under sub-section (6), the Children’s Court may order him to be placed under the supervision of a Probation Officer or may commit him to the care of his parents or, in the absence of both of them, the caregiver or the authority in supervision or legal or lawful guardian or, as the case may be, members of the extended family or other competent person: Provided that if any child is committed to the care of his parents or, in the absence of both of them, the caregiver or the authority in supervision or legal or lawful guardian or, as the case may be, members of the extended family, the concerned person shall execute a bond, with or without surety or in any other manner as the court may require, committing himself to be responsible for the good conduct of the child for any period not exceeding 3 (three) years. (8) If it appears to the court upon the report received from the Probation Officer or otherwise that the child released on probation has not been of good conduct during the period of his probation, it may, after making such inquiry as it deems fit, order the child to be detained in a certified institute for the remaining probation period.

Article 3 - Power to make orders

3. (1) The Government may by order make provision, either generally or with respect to all foreigners or with respect to any particular foreigner or any prescribed class or description of foreigner, for prohibiting, regulating or restricting the entry of foreigners into Bangladesh or their departure therefrom or their presence or continued presence therein. (2) In particular and without prejudice to the generality of the foregoing power, orders made under this section may provide that the foreigner- (a) shall not enter Bangladesh, or shall enter Bangladesh only at such times and by such route and at such port or place and subject to the observance of such conditions on arrival as may be prescribed; (b) shall not depart from Bangladesh, or shall depart only at such times and by such route and from such port or place and subject to the observance of such conditions on departure as my be prescribed; (c) shall not remain in Bangladesh or in any prescribed area therein; (d) shall remove himself to, and remain in, such area in Bangladesh as may be prescribed; (e) shall comply with such conditions as may be prescribed or specified- (i) requiring him to reside in a particular place; (ii) imposing any restrictions on his movements; (iii) requiring him to furnish such proof of his identity and to report such particulars to such authority in such manner and at such time and place as may be prescribed or specified; (iv) requiring him to allow his photograph and finger impressions to be taken and to furnish specimens of his handwriting and signature to such authority and at such time and place as may be prescribed or specified; (v) requiring him to submit himself to such medical examination by such authority and at such time and place as may be prescribed or specified; (vi) prohibiting him from association with persons of a prescribed or specified description; (vii) prohibiting him from engaging in activities of a prescribed or specified description; (viii) prohibiting him from using or possessing prescribed or specified articles; (ix) otherwise regulating his conduct in any such particular as may be prescribed or specified; (f) shall enter into a bond with or without sureties for the due observance of, or as an alternative to the enforcement of, any or all prescribed or specified restrictions or conditions; (g) shall be arrested and, in the interest of the security of Bangladesh, detained or confined: Provided that a person shall not be detained for a period exceeding six months unless an Advisory Board consisting of three persons appointed by the Government, of whom two shall be persons who are, or have been, or are qualified to be appointed as, Judges of the Supreme Court and the other shall be a person who is a senior officer in the service of the Republic, has, after affording him an opportunity of being heard in person, reported before the expiration of the said period of six months that there is, in its opinion, sufficient cause for such detention. (3) An order made under sub section (2) may make provision for such incidental and supplementary matters as may, in the opinion of the Government, be expedient or necessary for giving effect to the provisions of this Act.

Article 14 -Penalties

If any person contravenes the provisions of this Act or of any order made thereunder, or any direction given in pursuance of this Act or such order, he shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine; and if such person has entered into a bond in pursuance of clause (f) of sub section (2) of section 3, his bond shall be forfeited, and any person bound thereby shall pay the penalty thereof, or show cause to the satisfaction of the convicting Court why such penalty should not be paid.

Section 82: Act of a child under nine years of age

Nothing is an offence which is done by a child under nine years of age.

Section 83: Act of a child above nine and under twelve of immature understanding

Nothing is an offence which is done by a child above nine years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.