DHAKA: In recent days, kidnapping, forced disappearance and killings have been increased across the country including Narayanganj where panel mayor Nazrul Islam among others seven were kidnapped and murdered.
Law enforcers are trying to nab the criminals who are committing such kinds of wrongdoings. But, in the existing laws in Bangladesh penal code there is no specific law about the disappearance and its punishment. Actually, it’s a new form of crime which introduced for last couple of the years.
There are some definitions and punishment about the kidnapping and abduction in the penal code--
Kidnapping: Clause 359: Kidnapping is of two kinds: kidnapping from Bangladesh, and kidnapping from lawful guardianship.
Kidnapping from Bangladesh: Clause 360: 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.
Kidnapping from lawful guardianship: Clause 361: Whoever takes or entices any minor under fourteen years of age if a male, or under sixteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.
Exception.-This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.
Abduction: Clause 362: Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.
Punishment for kidnapping: Clause 363: Whoever kidnaps any person from Bangladesh or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Kidnapping or abducting in order to murder: Clause 364: Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with 124 (imprisonment) for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Advocate Ehsanul Haque Samaji said the highest punishment of the kidnapping and abduction is life term in the penal code and no laws about the disappearance.
BDST: 1151 HRS, MAY 06, 2014
