Date of publication:

07/08/2025

Bangladesh

Do domestic laws and policies guarantee physical security?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Bangladesh's domestic laws and policies provide protections for the physical security of individuals is safeguarded, and per the Constitution of the People’s Republic of Bangladesh, along with several statutory laws. The crimes of forced recruitment, kidnapping, and abduction are prohibited and punished by several Bangladeshi laws. The provisions allow law enforcement to detain and prosecute members of criminal groups who recruit refugees, including adults and children, in Bangladeshi refugee camps to engage them in the conflict ongoing in Myanmar. The Penal Code, 1860 criminalizes the offence of kidnapping, abduction, and some other offences related to the physical security. Moreover, The Prevention of Oppression Against Women and Children Act 2000, Anti-Terrorism Act, 2009, Prevention and Suppression of Human Trafficking Act, 2012 incorporates many provisions for safeguarding physical security of all persons that include refugees and asylum seekers.  

The Penal Code, 1860, has specific provisions for punishment for voluntarily causing harm (Section 323), grievous harm (Section 325), harm by dangerous weapons or means (Section 324) and voluntarily causing grievous harm by dangerous weapons or means (Section 326). The Penal Code also criminalizes culpable homicide (Section 299) and murder (Section 300) and provides punishment for these offences and if anyone attempts to murder another person. Section 330 and 331 refers to causing harm or grievous harm to extort confession, which would be applicable in cases of torture in custody by the law enforcing agency. For violations of any of these provisions, victims or the family members of the victim can file a criminal case against the offender even if the offender is a member of law enforcement agencies for not ensuring physical security of any person(s) including refugees and asylum-seekers. 

Along with the Penal Code, 1860, The Prevention of Oppression Against Women and Children Act 2000 provides the necessary provisions for the prevention of crime against women and children. The act attempts to ensure physical safety of all people including refugees and asylum seekers by criminalizing and providing punishment for the offences such as punishment for causing death,1 trafficking or kidnapping woman and children,2 rape or sexual offences,3 and also impairing limbs of children for the purpose of making the child a beggar.4 Further the physical abuse, psychological abuse, sexual abuse or economic abuse against a woman or a child of a family by any other person of that family has been defined as ’domestic violence’ in Domestic Violence (Prevention and Protection) Act, 2010.5 The act states issuing protection order6 and resistance order7 with a view to ensure safeguard from domestic violence. Moreover, section 360 (kidnapping from Bangladesh) and section 362 (abduction) of the Penal Code, as well as Section 7 of the Prevention of Violence Against Women and Children Act, 2000 (Act No. 8 of 2000), allow the authority (CiC, APBn) to prosecute those who abduct and kidnap refugees for recruitment.  

Additionally, under sub-section 1 of Section 6 of the Anti-Terrorism Act 2009, the forced recruitment of civilians in armed conflict with the intention of disrupting the security of another State or destroying its property, or committing or aiding such an offence, is recognized as a "terrorist act." According to Section 3 of the Prevention and Suppression of Human Trafficking Act of 2012, abduction, recruitment, and transfer of refugees, including children, for forced labour and criminal exploitation, through coercion or deception, are all considered components of human trafficking. Moreover, The Arms Act 1878 criminalizes possession, manufacture, sale, import, export, and transport of arms and ammunition with a punishment of imprisonment for for life or any other rigorous imprisonment which shall not be less than seven years.8

The Prevention of Torture and Custodial Death Act, 2013 is enacted specifically aimed at preventing torture. While Section 13(1) criminalizes all acts of torture, Section 4 of the Act allows individuals to file complaints and seek remedies for torture or ill-treatment by law enforcement during detention. As per Section 17 of the Act, any person who is not a citizen of Bangladesh arrested under this Act may communicate with the Embassy or High Commission of their country and, if there is no Embassy or High Commission in Bangladesh, with  the nearest appropriate representative of the state in the neighbouring territories, to get legal assistance and other related support. In this regard, refugees and asylum-seekers may seek consular protection from the consular authorities, although their status would usually imply that this would not be possible or appropriate, and they would be more likely to seek support from UNHCR under its Mandate.  

While refugees and asylum-seekers are not Bangladeshi citizens, certain provisions of the Constitution still apply to anyone within its jurisdiction, including refugees and asylum-seekers. Regarding physical security, Article 31 of the Constitution stipulates that every person in the territory of Bangladesh is entitled to equal protection of the law and “no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.” Article 32 states that “no person shall be deprived of life or personal liberty”. This article can be invoked, and remedies can be sought by filing a writ petition at the High Court Division under its writ jurisdiction for enforcement of the fundamental rights pursuant to Article 44. 

Despite these provisions regarding physical safety, refugees and asylum seekers while entering the country faces many physical and mental abuse. According to research published in 2024, over 300 Rohingya refugees have been beaten and forcibly returned to Myanmar by Border Guard Bangladesh (BGB) soldiers in six separate occasions since February 2024 to April 2024.9 To address this issue, UNHCR conducts session with the officials of BGB on a regular basis to sensitize them about the rights of the refugees and asylum seekers at the border of Bangladesh. Such sessions are also in place for the police officers, military, judicial officers and other departments working with the refugees and asylum seekers. 

Since the start of 2022, there was an increase in violence and security issues among the Rohingya refugee camps in Cox's Bazar. In 2023, because of incidents concerns about gender-based violence, general and physical insecurity, and child safety of Rohingya refugees have been raised.10 Reports suggest that numerous organized crime groups, have been bringing Rohingya refugees—including children—from camps to Myanmar to fight in the conflict. A variety of abusive and exploitative strategies, such as coercion, intimidation, kidnapping, armed training, manipulation, and forced recruitment of refugees, have been employed by these groups. The camps in Cox’s Bazar and Bhasan Char are administered by government officials designated as Camp in Charge (CiC) who is responsible for camp, including the measures related to security. Since July 2020 the Government of Bangladesh has deployed 2 units of special police battalions Armed Police Battalion-14 and Armed Police Battalion-16 (“APBN”) with the task of providing security in Rohingya refugee camps in Cox's Bazar District and to reduce any crimes committed by the refugees themselves. Similarly, a unit of APBN is also present in Bhasan Char to ensure the safety and security of the Rohingya refugees.  

 

    LAW & POLICY

    Related provisions of domestic law or policy

    The Penal Code

    Legal provision

    Section 300: Murder

    Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or- Secondly.-If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or – Thirdly.-If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or – Fourthly.-if the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. Illustrations (a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder. (b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death or such bodily injury as in the ordinary course of nature would cause death. (c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here A is guilty of murder, although he may not have intended to cause Z's death. (d) A without any excuse fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual.

    Section 360: Kidnapping from Bangladesh, etc.

    Whoever conveys any person beyond the limits of Bangladesh without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from Bangladesh.

    The Prevention of Oppression Against Women and Children Act

    Legal provision

    Section 19: Cognizance of offence etc.

    All offences punishable under this Act shall also be cognizable. All offences under this Act shall be non-bailable. Subject to other provision under this Act no accused o punishable person shall be released on bail, if- a) the complainant does not get the opportunity for hearing on the application to release him; and b) the Tribunal is satisfied as such, considering the complaint, that there is sufficient ground for to be convicted, or c) the person is , a woman or a child or physically disabled and the Tribunal is not satisfied that justice will not be impeded if he is not released on bail.

    The Domestic Violence (Prevention and Protection) Act

    Legal provision

    Section 14: Protection order

    The Court may, after giving the parties an opportunity of being heard, satisfied that domestic violence has taken place or is likely to take place, issue a protection order in favour of the victim and issue order restraining the respondent from committing following acts, namely:- (a) from committing any act of domestic violence; (b) aiding or abetting in the commission of any acts of domestic violence; (c) prohibiting or restraining from entering any protected person's place of employment, business, or educational institution or other institution which the protected person ordinarily visits; (d) prohibiting or restraining from making any personal, written, telephone, mobile phone, email or any other form of communication with the protected person; (e) prohibiting from causing violence to the dependants of the victim or any relatives or any person who gives assistance to the victim from domestic violence; (f) any other act that may be cited in the protection order.

    Section 15: Residence orders

    (1) The court, on the basis of application may issue the following residence orders, namely: - (a) restraining the respondent from residing or visiting the shared residence or specified part thereof where the victim resides; (b) restraining the respondent from dispossessing or in any other manner disturbing the possession of the victim from the shared household; (c) directing the Enforcement Officer to make arrangement for a safe shelter or safe place for the victim and her child/children, if the victim so consents to her placement in such alternative arrangement, during the existence of the protection order and if the continuous stay of the protected person at the shared residence is considered by the Court to be not safe for the protected person; (d) directing the respondent to secure the same level of alternate accommodation for the victim as enjoyed by her in the shared residence or to pay rent for the same, if the circumstances so require; (e) requiring the respondent against whom the order is made to permit any protected person, accompanied by the Enforcement Officer, to enter the offender's residence, shared or not, for the purpose of collecting the protected person's personal belongings including her medical, educational and professional records, documents and certificates, passport, bank account documents, savings certificate and other investment papers and documents, personal income tax documents, jeweler, cash money, mobile phone, household goods and valuables of any description; (f) order against the respondent to permit any protected person to have the continued use and expenses of a vehicle which has previously been ordinarily used by the protected person. (2) If a right to exclusive occupation of a shared residence or any part thereof is granted to the protected person, such order shall not affect any title or interest that the respondent against whom the order is made; (3) The Court, shall make an order evicting the person against whom the order is made from the whole of a shared residence that is solely owned by him or her, it is satisfied that there is no other way to secure the personal safety of the protected person for the time being: Provided that such order shall revoked, if- (a) a suitable safe shelter or safe place or alternative residence is found for the protected person; or (b) the Court being otherwise satisfied that it is no longer necessary to continue the order for securing the personal safety of the protected person. (4) The Court may impose any additional conditions or pass any other direction which it may deem reasonably necessary or incidental to protect or to provide for the safety of the victim or her child/children or any member of her family. (5) The Court may require the respondent to execute a bond, with or without sureties, that neither he/she nor any of his/her family members will commit any further acts of domestic violence. (6) While passing an order under sub-section (1), sub-section (2) or sub-section (3) the Court may also pass a written order directing the officer in charge of the nearest police station to give protection to the victim or her child/children. (7) The Court may direct the respondent to return to the possession of the victim any immovable property, her stridhan or dower or alimony or any other marital property and moveable assets, valuables, documents, certificates and any other property or valuable security to which she is entitled.

    Section 3: Domestic violence

    For the purpose of this Act, domestic violence means physical abuse, psychological abuse, sexual abuse or economic abuse against a woman or a child of a family by any other person of that family with whom victim is, or has been, in family relationship. Explanation: For the purpose of this section- (a) "Physical abuse"- that is, any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the victim and includes assault, criminal intimidation and criminal force; (b) "Psychological abuse"- that includes but is not limited to:- (i) verbal abuse including insults, ridicule, humiliation, insults or threats of any nature; (ii) harassment; or (iii) controlling behaviour, such as restrictions on mobility, communication or selfexpression; (c) "Sexual abuse"- that is, any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of the victim; (d) "Economic abuse" that includes but is not limited to:- (i) deprivation of all or any economic or financial resources or property to which the victim is entitled under any law or custom whether payable under any law or custom or an order of a court or any other competent authority; (ii) not allow to use the articles of daily necessities to the victim; (iii) deprivation or prohibiting the victim from applying legal rights to her stridhan or dower or alimony or any consideration for marriage or any property owned by the victim; (iv) transferring without consent of the victim or prohibiting the victim from applying legal rights to any assets whether movable or immovable owned by her; (v) deprivation or prohibiting the victim from applying legal rights to continued access to resources or facilities which the victim is entitled to use or enjoy by virtue of the family relationship.