ব্যাংকিং আইন

সন্ত্রাস বিরোধী অধ্যাদেশ, ২০০৮ ইংরেজি

The Anti-Terrorism Ordinance, 2008 (Ordinance No. 28 of 2008), was published in the Bangladesh Gazette (Additional Number) on June 11, 2008, with the exception of the same date, in order to prevent certain terrorist acts and to make provisions regarding its effective punishment provisions and incidental matters.

Anti-Terrorism Ordinance, 2008
Bangladesh Gazette
Wednesday, June 11, 2008
No 28(‐‐)‐ The following ordinance made by the president on 26 Jaistha, 1415, 09 June 2008, is hereby published for general information

An Ordinance to provide for prevention and effective punishment of certain terrorist acts and matters connected therewith Whereas it is expedient and necessary to provide for prevention and effective punishment of certain terrorist acts and matters connected therewith; and
As the parliament has been dissolved and the President considers that the prevailing situation requires immediate action;
The President is pleased to enact and notify the following ordinance by the power conferred at Para 93 (I) of the Constitution of People’s Republic of Bangladesh.

Chapter 1
Preamble

ব্যাংক, ব্যাংকার, ব্যাংকিং, অর্থনীতি ও ফাইন্যান্স বিষয়ক গুরুত্বপূর্ণ খবর, প্রতিবেদন, বিশেষ কলাম, বিনিয়োগ/ লোন, ডেবিট কার্ড, ক্রেডিট কার্ড, ফিনটেক, ব্যাংকের নিয়োগ বিজ্ঞপ্তি ও বাংলাদেশ ব্যাংকের সার্কুলারগুলোর আপডেট পেতে আমাদের অফিসিয়াল ফেসবুক পেজ 'ব্যাংকিং নিউজ', ফেসবুক গ্রুপ 'ব্যাংকিং ইনফরমেশন', 'লিংকডইন', 'টেলিগ্রাম চ্যানেল', 'ইন্সটাগ্রাম', 'টুইটার', 'ইউটিউব', 'হোয়াটসঅ্যাপ চ্যানেল' এবং 'গুগল নিউজ'-এ যুক্ত হয়ে সাথে থাকুন।

Section- 1: Short title, extent and commencement
(1) This Ordinance may be called the Anti‐Terrorism Ordinance‐2008.
(2) It extends to the whole of Bangladesh
(3) It shall come into force immediately.

Section‐ 2; Definitions
Unless there is anything repugnant to the subject or context in this Ordinance,
(1) “Offence” means an offence punishable under this Ordinance.
(2) “Fire‐arms” includes pistol, revolver, rifle, gun or canon of any description, and any other fire‐arm;
(3) “Court” means the Court of Sessions Judge or Additional Sessions Judge, as the case may be;
(4) “Imprisonment” means imprisonment of any description as defined in the Article 53 of Penal Code.
(5) Criminal Procedure or the Code means Code of Criminal Procedure, 1898(Act V of 1898);
(6) Schedule means Schedule under this Ordinance;
(7) “Penal Code” means the Penal Code, 1860 (Act XLV of 1860);
(8) “Inflammable substance” means any substance that has high propensity to be set on fire, or to intensify or spread fire such as octane, petrol, diesel, compressed natural gas(CNG), gunpowder and also includes any other inflammable substance;
(9) “Bangladesh Bank” means the Bangladesh Bank established under the Bangladesh Bank Order, 1972(P. O. No. 127 of 1972)
(10) “Bank” means any Banking Company established under the Bank Companies Act, 1991(Act No. 14 of 1991) and any financial or commercial institutions authorized by any other law to take or disburse loan, or to exchange money shall also include;
(11) “Judge” means a Sessions Judge, an Additional Sessions Judge or, as the case may be the Judge of an Anti‐ Terrorism Special Tribunal;
(12) “Special Tribunal” means an Anti‐Terrorism Special Tribunal established under section 28;
(13) “Explosive Substance” – means
(a) gunpowder, nitro‐glycerin, dynamite, gun‐cotton, blasting powders, fulminate of mercury or of other metals, coloured fires and every other substance, whether similar to those above‐mentioned or not, used or manufactured with a view to producing a practical effect by explosion, or a pyrotechnic effect; and
(b) includes any materials for making any explosive substance; also any apparatus, machine implement or material used, or intended to be used, or adapted for causing, or aiding in causing any explosion in or with any explosive substance; also any part of any such apparatus, machine or implement; and fuses, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions;
(14) “Property” means property of every description, whether corporeal or incorporeal, moveable or immoveable, tangible or intangible and profit derived from such property, and includes money or negotiable instruments capable of being converted into money;
(15) “Evidence Act” means Evidence Act, 1872(Act 1 of 1872).

Section‐ 3: Interpretations
(1) Words and expressions used but not defined in this Ordinance, but defined in the Code or Penal Code, shall have the meaning respectively assigned to them in the Code or Penal Code, as the case may be.
(2) The general provisions of Penal Code regarding punishments and criminal liability shall apply to offences under this Ordinance, so far as not inconsistent with the relevant expressed provisions of this Ordinance.

Section‐ 4: Ordinance to over‐ride all other laws
The provisions of this Ordinance shall have effect notwithstanding anything contained in the
Code or in any other law for the time being in force.

Section‐ 5: Extra‐territorial application of the Ordinance
(1) Whoever commits an offence beyond Bangladesh against any national or property of Bangladesh, which, if committed in Bangladesh would have punishable under this ordinance, shall be dealt with according to the provisions of this Ordinance in the same manner as if such offence had been committed in Bangladesh.
(2) Whoever commits an offence within Bangladesh from beyond Bangladesh shall be dealt with according to the provisions of this Ordinance in the same manner as if the whole process of such offence had been committed in Bangladesh.
(3) Whoever commits an offence beyond Bangladesh from within Bangladesh, shall be dealt with according to the provisions of this Ordinance in the same manner as if the whole process of such offence had been committed in Bangladesh.

Chapter 2
Crime and Punishment

Section- 6: Terrorist act
1) Terrorist acts mean striking terror in the people or any section of the people in order to compel the Government of Bangladesh or any other person to do or abstain from doing any act with intent to threaten the unity, solidarity, security or sovereignty of Bangladesh through
a) Killing, injuring grievously, abducting a person or causing damage to the property of a person; or
b) Possessing or using explosives, inflammable substance, firearms, or any other chemical to achieve the purpose of sub section (a).
2) Whoever commits terrorist act shall be punished with death or imprisonment for life or to a maximum 20 years and not less than 3 years rigorous imprisonment, to which fine may be added.

Section‐ 7: Crime related financing terrorist activities
1) Whoever provides or incites to provide money, service or property and intends that it should be used, or has reasonable ground to suspect that it will or may be used for the purpose of terrorist acts; commits an act of terrorist financing.
2) Whoever receives money, service or property and intends that it should be used, or has reasonable ground to suspect that it will or may be used for the purpose of terrorist acts; commits an act of terrorist financing.
3) Whoever arranges money, service or property and intends that it should be used, or has reasonable ground to suspect that it will or may be used for the purpose of terrorist acts; commits an act of terrorist financing.
4) A person guilty of the offence as described in the subsections from 1 to 3 shall be punished with imprisonment for a term which may extend to twenty years and it shall not be less than three years, to which fine may also be added.

Section‐ 8: Membership of a banned organization
Membership of a proscribed organization: Whoever belongs or professes to belong to an organization proscribed under section 18, will be guilty of offence, and shall be punished with imprisonment for a term which may extend to six months, or with fine, or with both.

Section‐ 9: Support for proscribed organization
1) whoever solicits or invites support for proscribed organization or arranges, conducts or assists in conducting meeting or addresses a meeting to further and encourage the activities of the proscribed organization commits an offence.
2) Whoever addresses a meeting seeking support for a proscribed organization or disseminates information through radio, television or print or electronic media to activate the organization’s activities commits an offence.
3) A person guilty of an offence under sub section 1or 2 shall be punished with imprisonment which may extend to maximum seven years and not less than two years and in addition to this fine may also be imposed.

Section‐ 10: Punishment for conspiring to commit offence
Whoever makes conspiracy to commit offence under this ordinance shall be punished with imprisonment of any description provided for the offence, for a term which may extend to two thirds of the longest term of imprisonment provided for that offence, or with fine, or with both; and if punishment of death is provided for that offence, the punishment may extend to imprisonment for life or imprisonment for a term extending up to fourteen years, but not less than five years.

Section‐ 11: Punishment for attempting to commit offence
Whoever attempts to commit offence under this ordinance shall be punished with imprisonment of any description provided for the offence, for a term which may extend to two thirds of the longest term of imprisonment provided for that offence, or with fine, or with both; and if punishment of death is provided for that offence, the punishment may extend to imprisonment for life or imprisonment for a term extending upto fourteen years, but not less than five years.

Section‐ 12: Punishment for abetment of offence
Whoever abets committing any offence punishable under this ordinance shall be punished with the punishment fixed for that offence.

Section‐ 13: Punishment for instigating to commit terrorist acts
Whoever by his voluntary acts or participation instigates any terrorist act by providing any equipment, input or technology or training to any person or organization knowing that such person or organization shall, or will try to, use that equipment, input, technology or training for commission of any terrorist act, shall be deemed to have attempted to instigate a terrorist act, and shall be punished with imprisonment of any description provided for the offence of terrorist act, as may be relevant, for a term which may extend to two thirds of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both; and if punishment of death is provided for that offence, the punishment may extend to imprisonment for life or imprisonment for a term extending upto fourteen years, but not less than five years.

Section‐ 14: Harbouring of offenders
1) Whoever harbours or conceals a person whom he knows or has reason to believe to be the offender under this ordinance, with an intention to protect him from punishment, shall,‐
A) if the offence is punishable with death, be punished with not more than five years, and in addition to that fine may also be imposed; or
B) If the offence is punishable with imprisonment for life or with any description of imprisonment, be punished with maximum three years imprisonment, and to which fine may also be added.
2) This offence of harbouring or concealing the offender under subsection (1) shall not extend to the husband, wife, son, daughter, father or mother of the offender

Chapter 3
Power of Bangladesh Bank

Section- 15: Power of Bangladesh Bank
1) The Bangladesh Bank shall have the power and authority to take necessary measures to prevent and detect transaction intended to commit offence under this ordinance through any banking channel, and for that matter is empowered and authorized to
a) Call for reports about suspicious transactions from a bank and shall keep such report confidential if law does not allow disclosure.
b) Compile and preserve all statistics and records.
c) Create and maintain a database of all suspicious transaction reports.
d) Analyze the suspicious transaction reports.
e) Issue an order in writing to any bank to suspend a transaction for a period of 30 days where it has reasonable grounds to suspect that the transaction involves connection with terrorist acts, and extend the order so passed for another 30 days.
f) Monitor and observe the activities of the banks;
g) Issue instructions to banks directing them to take preventive measures against terrorist financing activities.
h) Inspect banks for the purpose of detection of suspicious transactions connected with terrorist financing; and
i) Provide training to staffs and officers of banks for the purpose of detection and prevention of suspicious transactions as may be connected with terrorist financing.
2) As soon as Bangladesh Bank will detect any suspicious transaction connected with terrorist financing of a bank or its customers, it shall inform the appropriate law enforcement authorities of that and shall extend all necessary cooperation to that agency regarding enquiry and investigation.
3) No law enforcement authority shall have any access to the documents or files of a bank without approval from the chief executive of the concerned bank or from Bangladesh Bank.

Section‐ 16: Duty of Banks
1) Every bank shall take necessary measures with due vigilance and diligence to detect and prevent transactions connected with offence under this ordinance through banking channel.
2) The Board of Directors of every Bank shall approve and issue instructions to be observed by the officers of the bank, and shall also ensure the compliance of the instructions issued by the Bangladesh Bank under section 15 of this ordinance.
3) Any bank failing to comply with any instruction issued by Bangladesh Bank under section 15 shall be liable to pay such fine as may be determined directed by Bangladesh Bank not exceeding taka 10 lac.

Chapter 4
Terrorist Organization

Section‐ 17: Organization involved in terrorist acts
For the purpose of this ordinance, an organization is involved in terrorist acts, if it
a) commits or participates in terrorist acts;
b) prepares for terrorist acts;
c) Abets or encourages terrorist acts;
d) Supports or assists any organization concerned with terrorist acts;
e) Is otherwise concerned in terrorist acts.

Section‐ 18: Proscription of organization
1) To meet the objectives of this ordinance, the Government, having reasonable ground to believe that an organization is involved in terrorist acts, may proscribe the organization listing it in the schedule.
2) The Government may, by order, add or remove an organization from the schedule or amend it in any other way.

Section‐ 19: Review
1) Where any proscribed organization is aggrieved by the order of the Government made under section 18, it may, within thirty days of such order, file an application for review in writing before the Government, stating the grounds on which it is made, and the Government shall, after hearing the applicant, decide the matter within ninety days of receipt of the application.
2) An organization whose application for review has been refused under subsection (1) may file an appeal to the High Court Division within thirty days of the order of refusal.
3) The Government shall, through Gazette Notification, appoint a three member Review Committee to determine applications for review under subsection (1).

Section‐ 20: Take action against banned organizations
(1) When an organization is proscribed, Government shall, besides other steps described in the ordinance,
a) Seal its offices, if any.
b) Freeze its bank account and seize its other accounts, if any.
c) Seize all sorts of leaflets, posters, banners, or printed, electronic, digital or other materials;
d) Prohibit publication, printing or dissemination of any press statements, press conferences or addressing the public by or on behalf of or in support of a proscribed organization.
(2) The proscribed organization shall submit all accounts of its income and expenditure and disclose all the sources of income to the competent authority designated for the purpose by the Government.
(3) Funds and assets of the proscribed organization shall be confiscated in favour of the state if found to be obtained illegally or used for offence under this ordinance.

Chapter 5
Investigation of the offences

Section‐ 21: Special provisions regarding examination of witness by police
(1) If a police officer, while investigating an offence under this ordinance, finds it necessary to interrogate a person acquainted with the facts and circumstances of the case and if such person is known or believed to be sufficiently able to state facts in writing, then that police officer may receive statement from that person in writing.
(2) Such person shall write his statement by his own hand with pen and sign.

Section‐ 22: Special provisions regarding recording of statements of witness by Magistrate
If a Metropolitan Magistrate, Magistrate of the First Class, or Magistrate of the second class specially empowered for this purpose is informed or has reasonable ground to believe that a person acquainted with the facts and circumstances of the case is sufficiently able to state facts in writing, he (Magistrate) may require that person to write down the statements by his own hand with pen.

Section- 23: special provisions regarding recording of confession of the accused
Any Metropolitan Magistrate, Magistrate of the First Class, or Magistrate of the second class specially empowered for this purpose, while recording any confession made to him by an accused, shall permit him to make the confessional statements by his own hand with pen, if such person is able and interested.

Section‐ 24: Time for investigation
(1) The police officer shall conclude investigation of a case under this ordinance within thirty days of receipt or recording of the information under section 154 of the Code.
(2) If the police officer can not conclude investigation within the time specified in subsection (1), he may, recording the reason in writing in the diary of the case, extend the time not exceeding fifteen days.
(3) If the police officer can not conclude the investigation within the extended time specified in sub‐section (2), he may, with written approval of the Superintendent of Police of the district, or, as the case may be, the concerned Deputy Police Commissioner in a metropolitan area, further extend the time not exceeding thirty days.
(4) If the police officer can not conclude the investigation within the further extended time specified in subsection (3), he shall immediately report the fact stating the reason, to the Superintendent of Police of the district, or in the applicable case, the concerned Deputy Police Commissioner in the metropolitan area, and if the mentioned reasons are not found to be satisfactory, departmental disciplinary action will be taken against him.

Section‐ 25: Time to extend for investigation in certain cases
(1) The failure of the police officer to conclude investigation within the further extended time under subsection (3) of section25/24, on account of failure to disclose the identity of the offender in the FIR and to detect the offender, shall not be deemed to be a bar to the submission of the police report or a fresh or further police report at any subsequent time beyond the aforesaid further extended time.
(2) The failure of the police officer to conclude investigation within the further extended time under subsection 3 of section 25/24 on account of failure of any medical, forensic, fingerprint, chemical or any other expert witness, to provide to him any report or evidence relating to the offence, on whom he does not have any control and without which he can not make any effective report in respect of the case, shall not be deemed to be a bar to the submission of the police report beyond the aforesaid further extended time.

Section‐ 26: Remand
(1) Where a person is arrested and detained for investigation, the investigation officer may apply to the competent Magistrate for remand of the accused to police custody.
(2) The Magistrate may allow remand as sought under sub‐section (1) for a period not exceeding at a time or in total thirty days;
Provided that the Magistrate may extend the period not exceeding five days, if the investigation officer can satisfactorily prove that further evidence may be available by such further remand of the accused.

Chapter 6
Trial by Sessions Judge

Section‐ 27: Session Judges or additional Session Judges to try the offences
(1) Notwithstanding anything contained in the Code or any other law for the time being in force , so long as Special Tribunal is not established for the purpose, the offences under this ordinance shall be tried by the Sessions Judge or by an Additional Sessions Judge when transferred to him by the Sessions Judge.
(2) While trying an offence under this ordinance a Sessions Judge or an Additional Sessions Judge shall follow the procedures laid down in chapter XXIII of the Code for Trial of Offences before the Courts of Sessions.
(3) For the purpose of this Chapter, offences under this ordinance shall be deemed to be offences triable by the Court of Sessions, and proceedings in respect of such an offence alleged to have been committed by any person may be taken before the Sessions Judge within the jurisdiction of whose sessions division the offence or any part thereof was committed.

Chapter 7
Trial by Special Tribunal

Section‐ 28: Establishment of Anti‐Terrorism Special Tribunal
The Government may, by notification in the Official Gazette, establish one or more Anti‐Terrorism Special Tribunals for effective and speedy trial of offences under this ordinance.
(2) A special Tribunal established under sub‐section (1) shall consist of a Sessions Judge or an Additional Sessions Judge to be appointed therein by the Government in consultation with the Supreme Court; and a Judge, so appointed, shall be designated as “Judge, Anti‐Terrorism Special Tribunal”.
(3) A Special Tribunal established under this section may be assigned territorial jurisdiction for the whole of Bangladesh, or any part thereof consisting of one or more sessions division; and shall try only such cases involving offences punishable under this ordinance as shall be filled in or transferred to it for trial.
(4) On account of the Government’s assigning to a Special Tribunal the territorial jurisdiction for the whole of Bangladesh, or any part thereof consisting of one or more sessions divisions, a Sessions Judge or Additional Sessions Judge of that territorial jurisdiction shall not cease to have jurisdiction in respect of trial of offences under this ordinance, Pending cases shall not be transferred to such Special Tribunal according to territorial jurisdiction, unless Government, by order notified in the official Gazette so directs.
(5) There shall not be any bar for a Special Tribunal, unless it otherwise decides, to recall or rehear any witness whose evidence has already been recorded or to reopen proceedings already held under subsection (4), but may act on the evidence already recorded or produced and continue the trial from the stage the case has reached.
(6) A special Tribunal may sit and conduct proceedings at such times and places as the Government may, by order, specify in that behalf.

Section‐ 29: Procedure of Special Tribunal
(1) A Special Tribunal shall not take cognizance of any offence except on a report in writing made by a police officer not below the rank of Sub‐Inspector.
(2) Special Tribunal trying an offence under this Ordinance shall follow the procedure laid down in Chapter‐ XXIII of the Code for trial of offences before the Courts of Sessions, subject, however, to not being consistent with the special provisions of this Ordinance.
(3) A Special Tribunal shall not adjourn any trial unless such adjournment is necessary in the interest of justice and for reasons to be recorded in writing.
(4) Where a special tribunal has reasons to believe that an accused person has absconded or is concealing himself so that he can not be arrested and produced before it for trial and there is no immediate prospect of arresting him, it shall, by order published in at least two Bengali Daily newspapers having wide circulation, direct such person to appear before it within such period as may be specified in the order, and if such person fails to comply with such direction, he shall be tried in his absence.
(5) Where in case after the appearance of an accused person before the Special Tribunal, or his release on bail, the accused person absconds or fail to appear before it, the procedure, as laid down in subsection (4) shall not apply and the Tribunal shall , after recording its decision , try such person in his absence.
(6) A Special Tribunal may, on an application made to it, or of its own motion, direct a police officer to make further investigation in any case relating to an offence under this Ordinance and report within such time as may be specified by it.

Section‐ 30: Application of the Code to proceedings of Special Tribunals
(1) The provisions of the Code, so far as they are not inconsistent with the provisions of this Ordinance, shall apply to the proceedings of Special Tribunals, and such Special Tribunals shall have all the powers conferred by the Code on a Court of Session exercising original jurisdiction,
(2) The person conducting prosecution on behalf of the Government before the Special Tribunal shall be deemed to be a public prosecutor.

Section‐ 31: Appeal and approval of death sentences
(1) An Appeal from any order, judgment or sentence passed by a Special Tribunal may be preferred to High Court Division within thirty days from the date of delivery or passing thereof.
(2) Where a death sentence is passed under this Ordinance by a Special Tribunal, the proceedings shall be submitted forthwith to the High Court Division and the sentence shall not be executed unless it is approved by that Division.

Section‐ 32: Provision regarding bail
No person accused of an offence punishable under this Ordinance shall be granted bail by a Magistrate or a Judge, unless‐
(a) Public prosecutor has the opportunity of being heard in respect of bail order.
(b) The Judge is satisfied that there are reasonable grounds for believing that the accused may not be found guilty of the offence at the trial and records in writing his reasons of the grounds for being so satisfied.

Section- 33: Time limit fixed for disposal of cases by Special Tribunal
(1) A Judge of a Special Tribunal shall conclude the trial of a case within six months from the date on which charge is framed in respect of the case.
(2) If the Judge fails to conclude the trial within the time specified in sub‐section (1), he may, for reasons to be recorded in writing, extend the time not exceeding three months.
(3) If the Judge fails to conclude the trial within the time specified in sub‐section (2), he may, after informing the High Court Division and the Government in writing as to the reasons for such failure, further extend the time not exceeding three months.

Section‐ 34: Holding of proceeds of terrorist acts
(1) No person shall hold, or be in possession of, any proceeds of any proceeds of terrorist acts.
(2) Proceeds of terrorist acts, whether held by a terrorist or by any other person and whether or not such person is prosecuted or convicted under this ordinance, shall be liable to be forfeited in favour of the Government.
Explanation—Proceeds of terrorist acts means any money, property or assets earned or obtained/derived through commission of any offence under this Ordinance.

Section‐ 35: Forfeiture of proceeds of terrorist acts
Where any property is seized or attached on the ground that it constitutes proceeds of terrorist acts and the Judge is satisfied in this regard, he may order forfeiture of such property, whether or not the person from whose possession it is seized or attached, is prosecuted under this Ordinance.

Section‐ 36: Issue of show cause notice before forfeiture of proceeds of terrorism
(1) No order of forfeiture of proceeds of terrorist activities/acts shall be made unless , before forfeiture, the person holding, or in possession of such proceeds is given a notice in writing informing him of the reasons of such forfeiture and such person is given an opportunity of making a representation in writing within such time as may be specified in the notice against the grounds of forfeiture and is also given a reasonable opportunity of being heard in the matter.
(2) No order of forfeiture shall be made under sub‐section (1), if such person can establish that he had knowledge of those property representing proceeds of terrorist acts and that he has bought it for appropriate value.

Section‐ 37: Appeal
1) Any person aggrieved by an order of forfeiture under section 35 may, prefer appeal to the High Court Division within a month from the date of the receipt of such order.
(2) Where an order under section 35 is modified or annulled by the High Court Division or wherein a prosecution instituted for the contravention of the provisions of this Ordinance, the person against whom an order of forfeiture has been made under section 35 is acquitted, such property shall be returned to him, and if it is not possible for any reason to return the forfeited property, such person shall be paid the price thereof as if the property had been sold to the Government with reasonable interest calculated from the day of seizure of the property and such price shall be determined reasonably.

Chapter 9
Mutual Legal Assistance

Section‐ 38: Mutual legal assistance
(1) When a terrorist act is committed, abetted, attempted, conspired or financed in such a manner that the territory of foreign state is involved, or the terrorist act is so committed , abetted, attempted, conspired or financed in Bangladesh from another sovereign state or from Bangladesh in another sovereign state, the Government of Bangladesh shall, upon satisfaction, render all such necessary legal assistance in connection with criminal investigation, trial or extradition as may be requested by the Government of that foreign state in respect of the following provisions of this section.
(2) The terms and conditions of mutual legal assistance to be rendered shall be mutually agreed upon between the requesting and the requested states on the basis of reciprocity through signing of formal agreement or exchange of letters.
(3) Nothing in this section shall be deemed to authorize to hand over a national of Bangladesh accused for an offence under this Ordinance to a foreign state for trial.
(4) To meet the objectives of mutual legal assistance under this section a Bangladeshi national may be, subject to his consent, handed over to a foreign state to render assistance as a witness in a relevant criminal prosecution or in the process of investigation.
(5) Bangladesh being a requested country, may refuse to comply with a request for extradition or mutual legal assistance in a particular case, if the Government has substantial grounds to believe that the request for extradition of any offender or mutual legal assistance with respect to any offence has been made under this section for the purpose of prosecuting or punishing that person only on account of his/her race, religion, nationality, or political opinion.

Chapter 10
General Provisions

Section‐ 39: Offences to be cognizable and non‐bail able
(1) All offences under this Ordinance shall be cognizable.
(2) All offences under this Ordinance shall be non‐bail able.

Section‐ 40: Inevitability of prior approval regarding investigation and trial
(1) No police officer shall investigate any offence under this Ordinance without prior approval of District Magistrate.
(2) No Court shall take any offence under this Ordinance into cognizance without Government sanction.

Section‐ 41: Transfer of cases to and from Special Tribunal
The Government may, at any stage of trial before closure of evidence, transfer any case or cases involving any offence under this Ordinance from a Court of Sessions to a Special Tribunal or from a Special Tribunal to a Court of Sessions on reasonable grounds.

Section‐ 42: Power to amend the scheduled
The Government may, by order notified in the Official Gazette, amend the schedule to this Ordinance.

Section‐ 43: Power to make rules
To meet the objectives of this ordinance the Government may, by notification in the official Gazette, make rules.

Section‐ 44: Main Text and its English Version
The main Text of this Ordinance shall be the Bangla Text, and there will be an authentic English version, provided that if any conflict arises between Bangla ordinance and its English text the Bangla text shall get priority.

Source: Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs

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