Date of publication:
01/08/2026
Bangladesh
Do domestic laws and policies provide forcibly displaced and stateless persons who are victims of crime with access to administrative or judicial remedies?
Assessment by population
Analysis
Bangladeshi domestic laws and policies do provide avenues for individuals, including refugees and asylum-seekers to seek recourse through administrative or judicial remedies for reporting harassment, crimes, or threats.
All persons, including Rohingya and asylum seekers, are guaranteed several rights under the Constitution of the People’s Republic of Bangladesh. Article 32 states against deprivation of life or personal liberty.1 Additionally, Article 33 protects against arbitrary detention and arrest, stipulates that a detainee must be produced before a magistrate within 24 hours, and grants him the right to counsel and legal representation from any legal representation of his choosing. 2 According to Article 102 of the People's Republic of Bangladesh Constitution, detainees may file a writ in the High Court Division to contest unlawful detention and request release if any of these rights are violated. In this regard, in the case of Refugee and Migratory Movements Research Unit (RMMRU) v. Government of Bangladesh (Writ Petition no. 10504 of 2016), the Court observed that the defendant (a Rohingya refugee) was detained in the prison beyond his prison term under violation of Article 32 of the Constitution, which guarantees every individual, including non-citizens, the right to life and liberty.
Moreover, in the case of Bangladesh National Women Lawyers Association (BNWLA) v. Bangladesh (Writ Petition No. 8769 of 2010), the High Court Division of the Supreme Court issued a set of guidelines to prevent physical, mental, or sexual harassment of women, girls, and children in workplaces, educational institutions, and public places. The guidelines prohibit touching or hurting any part of a girl's body, using indecent words or comments, and addressing unknown adult girls or women as beautiful with bad intentions. Furthermore, teasing women and children through email or telephone is also considered an offence, and any provocation or character assassination must be stopped.
The Penal Code, 1860 includes provisions on harassment, threats, and other criminal offences. Section 354 criminalizes assault or criminal force used against a woman with the intent to harm the sexual dignity of the women, and victims of harassment can report this offence to law enforcements (Section 354). Section 509 penalizes words, gestures, or acts intended to insult the modesty of a woman, providing a legal route for reporting sexual harassment. In addition, Sections 503-506 define criminal offences related to threats and intimidation, and if someone faces criminal intimidation or threats, they can lodge a complaint with law enforcement, which is punishable by imprisonment with a term which may extend to two years, fines, or both.
The Code of Criminal Procedure (CrPC), 1898 is one of the key tools for initiating legal proceedings against an accused and provides the procedure for filing complaints, lodging First Information Reports (FIRs), and seeking police intervention in cases of harassment or crimes. Section 154 of the CrPC allows individuals to file FIRs with the police in cases of harassment, crimes, or threats and the officer-in-charge of the respective police station will take notice of the offence and fill out the FIR form.
The Women and Children Repression Prevention Act, 2000 provides a legal framework for addressing crimes like harassment, domestic violence, and sexual violence against women and children. Under this law, survivors can seek redress through special tribunals set up under this law (Section 20 and 26 of the Act).
The Domestic Violence (Prevention and Protection) Act, 2010 allows for legal action and protection against domestic violence, providing remedies such as protection orders, residence orders, and safe custody. As per Section 11, the survivor of domestic violence can apply to the Court for remedies according to the provisions of the Act.
The Prevention of Human Trafficking Act, 2012 protects victims of human trafficking and provides for their legal recourse. Under Section 17 of the Act, any person may file a complaint to the police or to the Tribunal regarding the offences outlined in the Act, and the police shall provide the necessary security to such complainant and conceal their identity.
The Cyber Security Ordinance of 2025 criminalizes online harassment, threats, and intimidation in cyberspace.3 Victims of cyber harassment can report cases to the Cyber Crime Unit or file complaints under this Act.4 Along with these, the victims can file complaints to National Human Rights Commission for violation of rights and the Commission has the authority to investigate, mediate, conciliate and present recommendation to provide remedy to the violation.5
Despite that fact that Bangladeshi laws provide a comprehensive framework that allows individuals including refugees and asylum seekers to seek recourse through administrative or judicial remedies in cases of harassment, crimes, or threats, application of these laws remains as a challenge, especially in the context of Rohingya refugees due to various factors. If any Rohingya refugees want to file a complaint in the police station, prior approval and exit pass is needed from the Camp in Charge (CiC; the appointed government officials overseeing individual camps). Along with this, lack of proper awareness, financial barriers and many other reasons poses a challenge to seek effective administrative or judicial remedies for the refugees currently residing in Bangladesh. Moreover, lack of cooperation from the law enforcing agencies regarding investigation and procedures creates dissatisfaction among refugees and the refugees get discouraged to access the judicial remedies prevalent under the domestic laws of Bangladesh.
Related provisions of domestic law or policy
The Penal Code
- Year: 1860
- Type: Domestic law
- Rights Category: Liberty & security of person
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/1860/en/108758
Legal provision
Section 505A: Prejudicial act by words, etc.
Whoever- (a) by words, either spoken or written, or by signs or by visible representation or otherwise does anything, or (b) makes, publishes or circulates any statement, rumour or report, which is, or which is likely to be prejudicial to the interests of the security of Bangladesh or public order, or to the maintenance of friendly relations of Bangladesh with foreign states or to the maintenance of supplies and services essential to the community, shall be punished with imprisonment for a term which may extend to seven years, or with fine, or with both.
Section 509: Word, gesture or act intended to insult the modesty of a woman
Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
Section 503: Criminal intimidation
Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause to alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. Explanation.-A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section. Illustration A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B's house. A is guilty of criminal intimidation.
Section 504: Intentional insult with intent to provoke breach of the peace
Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.