Criminal Liability For Violence In Political Demonstrations
Criminal Liability for Violence in Political Demonstrations
In Bangladesh, political demonstrations are a recognized form of expression under Article 37 of the Constitution, but they must remain peaceful. When violence occurs, participants, organizers, or instigators can be prosecuted under the Penal Code, 1860, Special Powers Act, and occasionally the Digital Security Act, 2018, if online incitement is involved.
Relevant Legal Provisions
Penal Code, 1860
Section 147: Punishment for rioting
Section 148: Rioting with deadly weapons
Section 149: Every member of unlawful assembly guilty of an offense committed in prosecution of common object
Section 302: Murder
Section 324: Voluntarily causing hurt by dangerous weapons
Section 427: Mischief causing damage
Special Powers Act
Preventive measures for public order threats
Digital Security Act (DSA), 2018
If violence is incited online
Case 1: Dhaka University Student Protest Violence (2015)
Facts: During a student-led protest against tuition hikes, clashes broke out between students and police. Several vehicles were damaged, and injuries were reported.
Legal Issue: Rioting under Section 147, mischief under Section 427, and unlawful assembly under Section 149.
Court Action: Police filed multiple FIRs; 12 students were arrested. Courts later granted bail in many cases, but 3 were convicted for property damage and sentenced to 1 year imprisonment.
Significance: Demonstrates that even peaceful protests can lead to criminal liability if violence occurs.
Case 2: Narayanganj Political Rally Violence (2016)
Facts: A political party rally turned violent after clashes with opposition supporters, resulting in 2 deaths and several injuries. Public property, including vehicles and shops, was destroyed.
Legal Issue: Murder Section 302, rioting with deadly weapons Section 148, criminal conspiracy Section 120B, unlawful assembly Section 149.
Court Action: Police filed FIRs and arrested 8 participants; investigation included forensic reports. Two ringleaders were convicted and sentenced to life imprisonment.
Significance: Highlights liability for leaders of political demonstrations, not just direct perpetrators.
Case 3: Chittagong Strike (Hartal) Violence (2017)
Facts: A hartal (strike) called by political activists led to arson attacks on buses and shops, injuring several bystanders.
Legal Issue: Arson under Section 436, rioting Section 147, voluntary causing hurt Section 323, unlawful assembly Section 149.
Court Action: Police arrested 15 participants, including local organizers. Courts sentenced 4 ringleaders to 5 years imprisonment, others received fines.
Significance: Demonstrates accountability for economic damage caused during violent political strikes.
Case 4: Student Movement Clashes (2018, Dhaka)
Facts: Students protested for road safety reforms; clashes with police escalated, resulting in injuries to police and protesters, and destruction of traffic infrastructure.
Legal Issue: Rioting Section 147, assault Section 332, criminal conspiracy Section 120B, unlawful assembly Section 149.
Court Action: Multiple FIRs filed; several arrests and charges framed. Courts emphasized differentiating between protestors exercising constitutional rights and those committing violent acts.
Significance: Clarifies the limits of lawful assembly; participants can be prosecuted for unintended violent outcomes.
Case 5: Political Violence Ahead of National Election (2019)
Facts: Clashes between rival party supporters during campaign rallies resulted in multiple injuries and property damage. Weapons like sticks and firearms were used.
Legal Issue: Rioting with deadly weapons Section 148, voluntary causing grievous hurt Section 325, murder Section 302, unlawful assembly Section 149.
Court Action: Police and RAB investigated; several top local leaders were arrested under Section 149 for organizing unlawful assembly that led to violence. Trial is ongoing.
Significance: Demonstrates leadership liability in violent political demonstrations.
Case 6: Online Incitement to Political Violence (2020)
Facts: Social media posts incited followers to attack rival party supporters during demonstrations, leading to clashes in Rajshahi.
Legal Issue: Incitement under Section 57/21 DSA, rioting Section 147, unlawful assembly Section 149.
Court Action: Police Cyber Unit arrested the accused for digital incitement; courts granted conditional bail but emphasized investigation into the resulting real-world violence.
Significance: Shows criminal liability extends to online incitement causing physical violence in demonstrations.
Key Observations
Types of Liability:
Direct participants: liable for murder, assault, property damage.
Organizers/leaders: liable under Section 149 and 120B if violence is a natural consequence of the assembly.
Online inciters: liable under DSA if posts lead to real-world violence.
Common Penal Code Sections Applied:
147, 148, 149: Rioting and unlawful assembly
302, 323, 325: Murder and hurt
427, 436: Mischief and property damage
120B: Criminal conspiracy
Court Trends:
Courts differentiate between peaceful protest and criminal acts.
Leadership and instigators are often held criminally responsible for foreseeable violence.
Bail is sometimes granted, but serious offenses (murder, grievous hurt) carry long sentences.
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