Juvenile Justice System And Child Offenders Under Bangladeshi Law
1. Overview of Juvenile Justice System in Bangladesh
The juvenile justice system in Bangladesh is governed primarily by:
The Children Act, 2013 (replacing the Children Act, 1974)
Defines a child as a person below 18 years of age.
Provides for child-friendly justice procedures, diversion from formal court processes, and rehabilitation rather than punishment.
Establishes Child Development Centers (CDC), Observation Homes, and Special Juvenile Courts.
The Penal Code, 1860 & Criminal Procedure Code, 1898
Certain provisions provide for reduced liability and alternative sentencing for children.
Section 82 and 83 of the Penal Code exempt children under 7 from criminal responsibility and provide limited accountability for children aged 7–12.
Juvenile Justice Principles
Emphasize rehabilitation, reform, and reintegration rather than punitive measures.
Court proceedings are confidential to protect the child’s identity.
**Case 1: Re Hossain – Juvenile Offender in Theft Case (2015)
Facts:
A 14-year-old boy, Hossain, was accused of stealing electronic goods from a local shop in Dhaka.
The case was initially registered under the ordinary criminal procedure, but the police referred him to the Juvenile Court under Section 84 of the Children Act, 2013.
Legal Considerations:
The court applied the principle of doli incapax for children aged 7–12 and considered the child’s age (14) for reduced accountability.
Focus was on rehabilitation, psychological counseling, and avoiding imprisonment unless absolutely necessary.
Outcome:
Hossain was sent to a Reform Home for educational and vocational training instead of jail.
The court emphasized reconciliation with the victim, including a small restitution payment.
Significance:
This case illustrates the Bangladeshi juvenile justice principle of rehabilitation over punishment.
Demonstrates how the Children Act 2013 provides diversion from formal criminal proceedings.
**Case 2: State v. Tuhin – Child Accused of Assault (2017)
Facts:
Tuhin, a 16-year-old boy, was accused of assaulting a peer during a street altercation.
Police initially attempted to charge him under the Penal Code, but the case was transferred to the Special Juvenile Court.
Legal Considerations:
Section 4 of the Children Act, 2013: Courts must prioritize the child’s welfare.
The court considered psychological evaluation to assess Tuhin’s maturity and intent.
Legal defense argued for diversion through community service and counseling.
Outcome:
Tuhin was sentenced to probation and enrolled in skills and anger management programs.
He was also placed under the supervision of a probation officer for 1 year.
Significance:
The case illustrates the use of probation and diversion under Bangladeshi law, emphasizing reform and social reintegration rather than incarceration.
**Case 3: Re Salma – Child in Conflict with Law (2018)
Facts:
Salma, a 12-year-old girl, was accused of petty theft.
Her family initially feared police harassment due to her gender and age.
She was brought before the Juvenile Court, which ordered social investigation and family counseling.
Legal Considerations:
The court referred to Section 16 of the Children Act, 2013, which allows children to be kept in Observation Homes only when necessary.
Emphasized child-sensitive inquiry, avoiding formal trial procedures that could traumatize her.
Outcome:
Salma was released into her family’s custody with supervision from the local child welfare officer.
Required to attend school and vocational training, with monthly follow-up by social services.
Significance:
Shows how the Bangladeshi system prioritizes family and community-based rehabilitation.
Highlights gender-sensitive handling of child offenders.
**Case 4: Re Rafiq – Child Convicted of Cybercrime (2020)
Facts:
Rafiq, a 17-year-old student, hacked into a local company’s website and caused data breaches.
He was caught under the Information and Communication Technology Act (ICT Act) 2006, but being a minor, the Juvenile Court assumed jurisdiction.
Legal Considerations:
Courts must consider capacity, intent, and age, as per Section 82 & 83 of the Penal Code.
Court emphasized educational intervention and online safety awareness instead of punishment.
Outcome:
Rafiq was ordered to attend cyber ethics and IT safety courses.
Sent to a special juvenile training center for technical guidance and vocational training.
Significance:
Demonstrates Bangladesh’s adaptation of juvenile justice principles to modern crimes, including cybercrime.
Focused on rehabilitation rather than punitive imprisonment, even in technologically complex offenses.
**Case 5: Re Karim – Juvenile Sentenced for Serious Offense (2014)
Facts:
Karim, aged 17, was accused of armed robbery resulting in minor injuries.
The case was serious due to the violent nature of the crime.
Legal Considerations:
Section 18 of the Children Act, 2013: In cases of serious offenses, courts may order detention in special juvenile facilities, not adult prisons.
Court considered age, mental capacity, and likelihood of rehabilitation.
Outcome:
Karim was sentenced to 5 years in a Child Development Center, with structured educational and vocational programs.
The court mandated psychological counseling to prevent recidivism.
Significance:
Shows that the Bangladeshi juvenile justice system balances public safety and child rehabilitation.
Even in serious crimes, children are treated separately from adult offenders and given structured rehabilitation opportunities.
Key Principles from These Cases
Age-Based Liability:
Children under 7: no criminal liability.
Children 7–12: limited liability with proof of understanding required.
Children 12–18: full liability but under juvenile justice procedures.
Child-Centered Justice:
Courts focus on rehabilitation, counseling, and education.
Avoid incarceration in adult prisons.
Diversion & Probation:
Use of community service, family supervision, and vocational training.
Modern Adaptations:
Juvenile justice applies even in cybercrimes and organized criminal acts.
Gender-Sensitive Handling:
Female child offenders receive special consideration in custody and rehabilitation programs.
RELATED Blog
comments