A rare insight into the Juvenile Justice system of Bangladesh. The PPT reflects how a 'third world' country has a progressive intent towards the juvenile justice.

1. Absar Aftab Absar and Mohammad Ashraf
Faculty of Law, Aligarh Muslim University,
Aligarh - 202002 (U.P)
International Seminar on Juvenile Justice System, Dehradun (Uttarakhand)
26th and 27th November, 2016

2. It is a Review Paper with an objective to evaluate
Juvenile Justice System in Bangladesh, our immediate
neighbour, which was part of the pre-independence India
and then of Pakistan till 1971 when it gained
independence.
This work is based almost entirely on Internet Sources.
Briefly mentioning Types and Causes of Juvenile
Delinquencies and Historical Background of Juvenile
Justice System, the Evolution of Juvenile Justice
System in Bangladesh has been traced.
The Children Act – 2013 of Bangladesh has been
described followed by some observations on scope of
its further improvement.

3. Types & Causes of Juvenile Delinquencies and Historical
Background of JJS have been discussed in details in other
presentations. This presentation, therefore, is confined to
Bangladesh Specific Issues only.
JuvenileJusticeSystem
(JJS)inBangladesh 1. Evolution of JJS
in Bangladesh
2. Bangladesh
Children Act - 2013
3. Observations and
Inferences

4. Evolution of Juvenile
Justice System in
Bangladesh

5. Background of Juvenile Delinquencies in Bangladesh
It became East Pakistan,
a Province of Pakistan, on
India’s partition in 1947
Independence of People’s
Republic of Bangladesh in
1971
Political turmoil and a
series of Military Coups
Political stability returns
followed by Restoration
of Democracy in 1991
JuvenileDelinquencyRelatedtothe
HistoryofBangladesh
As East Pakistan exploited by rulers from West
Pakistan - Delinquencies inherited
Built up of feelings of hate and aggression for
Pakistan - Delinquencies developed
Cultural conflict, deprivation and alienation –
Delinquencies compounded
Up to 3 million deaths, 40000 rapes, refugee problems, war
babies and generation of orphans – Delinquencies
aggravated

6. Successive Development of Juvenile Justice System
Act / Law Year Remarks
IPC 1862 Minimum age of criminal
responsibility is 7/9 to 12 years.
Mental maturity to be proved if child
of this group is convicted.
Bengal Prison Act 1894 Separate trials for child and adult
Reformatory Schools Act 1897 State to establish special schools for
reformation of juvenile offenders.
Cr. P. C. 1898 Section 29B has provision for trial in
Children / Juvenile Courts.
Bengal Children Act 1922 The Act, the earliest Children Act in
the subcontinent, incorporated
components from laws enacted
earlier.
Bengal Vagrancy Act 1943 Defined vagrancy and proposed
measures to tackle it.

7. Successive Development of Juvenile Justice System
Continued
Act / Law Year Remarks
Bangladesh Constitution 1971 Articles 15 and 28(4) say that the
State will secure all its citizens
including children and special laws
to be enacted for children & women.
Bangladesh Children Act 1974 A detailed document in which child
is defined as a person below 16
years (S 2f). Issues of bail & arrest
contained in S 13(2), 48, 49 and 50.
Jurisdiction, trial and punishment
issues discussed in details.
Children Rules 1976 Contain Rules for Children Act - 1974
Penal Code (Amendment) Act 2004 Criminal responsibility age increased
from 7 to 9 years
Bangladesh Children Act 2013 Enacted after repealing Act of 1974
with need based changes and is in
line with CRC and other Guidelines
of UN. A comprehensive document.

8. Bangladesh Children
Act – 2013
[Shishu Ain – 2013]

9. Background of the Children Act - 2013
 Article 27, 28 and 31 of the 1971 Constitution of Bangladesh lay down
the foundation of Juvenile Justice Administration in the country.
 Article 27 declares that all citizens (including children) are equal
before law and are entitled to equal protection of law.
 Article 28 empowers the Government to make special provision in
favour of child.
 Article 31 specially entitles a citizen to the right to protection by law.
 Children Act – 1974, promulgated within 3 years of Bangladesh’s
Independence, blended the above mentioned constitutional clauses
with provisions of I.P.C and Cr.P.C and laws of erstwhile Bengal
Province of Pre-Independence India.
 Then by incorporated time-tested provisions of the Act of 1974 with
guidelines of Beijing Rules (1985), UNCRC (1989) and Riyadh
Recommendations (1990), the document of the Children Act - 2013
(Shishu Ain) was prepared giving due consideration to contemporary
social, ethnic and cultural aspects of the country.

10. A Comprehensive Document
Bangladesh
Children
Act 2013
1
Act of 1974
2
Rules of
1976
3
CRC
Guidelines
1989
4
Beijing
Rules
1985
5
Riyadh
Guidelines
1990
After being pending for a
long time, the Act
became effective from
21st August, 2013
Section 3
Not withstanding
any thing in any
other law, the
provisions of this
Act shall prevail.
According to
Section 4, and
consistent with
UN Guidelines, the
child is the person
up to an age of 18
years. In 1974 Act
it was 16 years.
Although not mentioned,
JJA-2006 of India seems
to have influenced BCA–
2013 to some extent.

11. A Summary of Children Act - 2013
Sections Provisions
1 and 2 Name of the Act and date of its taking effect
3 Over-riding effect of the Act
4 Child defined as a person below the age of 18 years
5 to 32 Appointment and responsibility of Probation Officers and
Child Affairs Police Officers (CAPO), establishment of Child
Affairs Desk, Child Welfare Board and Children’s Courts,
confidentiality issues and time framework for trial
33 to 36 Restrictions regarding punishments, order of detention,
periodic review under detention and issues related to the
release of the accused child.
38 to 44 Settlement of dispute, payment of compensation to child
victim, result of trial and information on release of the
accused, appeal and the minimum age of criminal
responsibility.
45 to 54 Issues related to arrest, investigation, diversion and bail

12. A Summary of Children Act – 2013 Continued
Sections Provisions
55 to 58 Issues related to legal aid and assistance to child
59 to 69 Establishment of Child Development Centres for
accommodation, reformation and development of children
who have been ordered to be detained or are under trial.
70 to 82 List of possible penalties which could be imposed on those
who have committed particular offences against children.
83 to 94 Issues related to Alternate Care System for child offenders
which include care with family, institutional care, alternate
care provided by the Government, duration of care,
disadvantaged children, follow up actions, forwarding of
children by persons / organizations / Police and assessment
of child during alternate care.
95 to 100 These are regarding the power of the Government for
making rules from time to time in matters related to the
welfare of citizen children.

13. Age Issue and Matters Related to Probation
Officers, CAPO and Child Welfare Board
1. According to S 4 of BCA-2013, a Child means someone who is up to
18 years of age. As per S 20, date of commission of offence would
be the date on which age is to be determined. Minimum age of
criminal responsibility is 9 years according to S 44. As part of
investigation procedure under S 46, it is mandatory for Child Affairs
Police Officer (CAPO) to ascertain the age of the child.
2. Probation Officers are to be appointed in Police Station (S 5 & 6). In
addition, there are provisions for the appointment of CAPO as
Incharge of Child Affairs Desk at every Police Station (S 13 & 14).
3. According to S 7, 8 & 9, there is provision for the establishment of
Child Welfare Board at the National level headed by the Minister
concerned. Boards are also to be established at District and
Subdivision levels.

14. Courts and Issues of some Court Rules/Procedures
1. According to S 15, where a child is involved in any offence with an
adult, separate charge sheets are to be filed.
2. As per S 16, Children’s Courts are to be established in all District.
3. As per S 17(2), the Children’s Court will hear cases of both child &
adult separately on same days until the trial is concluded.
4. S 22 provides for the presence of the accused child in the Children’s
Court during trial as his right. S 23 identifies family members &
officials who may be present in the court during trial.
5. S 28 stipulates the confidentiality issues that child’s name and
photographs should not be made public without court’s permission.
6. S 31 requires that the Probation Officer should submit a social
enquiry report within 21 days of production of child in court. S 32
provides that the trial should normally conclude within 360 days.

15. Detention & Punishment Restriction Issues
1. Restriction in punishment and related aspects are given in S 33, 34,
35 and 36.
2. No child shall be sentenced to death, imprisonment for life or
imprisonment.
3. Exception may be when child has committed a serious offence for
which the punishment provided by Act - 2013 is not sufficient or the
court believes that the child is so unruly and of depraved character
that he cannot be sent to a certified institute.
4. Where a child is found guilty of an offence punishable with death or
imprisonment for life, the Children’s Court may order the child to be
detained in a Child Development Centre for a period not less than 3
and not more than 10 years.
5. If a child is found guilty of an offence not punishable with death or
imprisonment for life he may be ordered to be detained in a Child
Development Centre for up to 3 years.

16. Detention & Punishment Restriction Issues Continued
1. A child changed positively and who has not been charged with heinous or
serious offences may be considered for his release when he reaches the age
of 18 years.
2. Where the child is charged with heinous or serious offences and is still under-
trial when attaining the age of 18 years, he may be transferred by the Child
Development Centre to the Central or District Jail subject to approval of the
Children’s Court.
3. If a child is above 18 by the time the trial finishes, the Children’s Court shall
send him directly to the Central or District Jail.
4. S 37 of the New law has provisions for the settlement of dispute and payment
of compensation to the victim child have been mentioned in S 38 and 39.
5. According to S 41, appeal or revisions are to be disposed of within 60 days.
6. S 42 stipulates that when any provision does not exist within this law, the
provisions of the Code of Criminal Procedure shall be followed.
7. S 43 provides that for child accused under this Act, S 75 of the Penal Code
1860 & S 565 of Cr.P.C. 1898 shall not be applicable and such finding of guilt
shall not cause him to be disqualified for employment or elections.

17. Issues Regarding Arrest, Investigation & Bail
1. Issues regarding arrest, investigation, diversion and bail have been
borrowed with some changes from the Children Act – 1974.
2. In the new law these provisions are regarding informing parents of
the accused child by Incharge of Police Station or CAPO (S 45),
investigation process and procedure (S 46), recording of statements,
warning and release (S 47), diversion measures (S 48), arrangement
of family conference (S 49), breach of conditions of diversion /
failure to comply with order of diversion (S 51), bail issues (S 52) and
issues related to the child being in contact with law (S 53 and 54).
3. The court may release the child on bail with or without surety,
whether or not the offence alleged is bailable or non-bailable. Bail
may be granted on the bond of the child concerned or of the child’s
parents / guardian or Probation Officer or any institute or association
whom the court considers appropriate, with or without surety.
4. In cases where the child is not released on bail, the Children’s Court
must give its reasons for refusing bail.

18. Other Issues
1. In accordance with S 55 to 58, no court shall proceed with the trial of any
case without legal representation on behalf of a child in conflict or in contact
with law.
2. S 59 to 69 relate to issues, such as, procedures for setting-up of Child
Development Centre and certified institutes by Government and private
initiatives, minimum standard of care, inspection of institutes, transfer among
institutes and procedures involved in the escape of child.
3. S 70 to 82 contain clauses on penalty for offences committed against children,
such as, cruelty to child, engaging child in begging, providing a child alcoholic
drinks or harmful medicines, permitting entry of child in places of supply of
alcoholic drinks and drugs, inciting child for practices of betting and
borrowing, permitting a child in brothel, encouraging for immoral acts, making
child carry arms or inciting for terrorism.
4. S 83 to 94 relate to the domain of alternate care comprising matters, such as,
care within the family or community, institutional care, establishment of
alternate care by the Government and related issues.
5. Issues pertaining to the rules making power of the Government and some
miscellaneous matters are discussed in S 95 to 100.

19. Conclusion
[Observations & Inferences]

20. Conclusions
 First and foremost, the educational system in Bangladesh has to be created in such a
way that it is compulsory up to 10th standard and number of dropouts has to be very
effectively controlled.
 Restorative Justice Model needs to be included in the system and given importance
for Juvenile correction and a thought needs to be given to the establishment of Child
Rights Commission.
 There is need for prioritization of non-custodial alternatives and Government should
give various incentives to private parties and NGO’s for creating Reform Schools and
Rehabilitation Centres.
 Tasks, such as, appointments of POs and CAPOs and establishment of Child Care
Boards and District level Children’s Courts need to be achieved fast as then only it
would be possible to gauge the efficacy and effectiveness of the Act in true sense.
 Sensitive issues like the crowding of Child Development Centres and proper discharge
of responsibilities by the officials of these centres have to be given top priority.
 One aspect on which the new law is silent is the forced enrolment of children in
terrorism related activities by various radical groups. Bangladesh has witnessed many
terrorism-related activities and anti-government public demonstrations in which
children have been reportedly involved. This is a very crucial issue as radical groups
tend to target children as young as twelve. The law should have provision for care and
correctional measures of such children and also heavy penalty/punishment for those
who incite them for such activities.

21. Thank You