Arrest
& detain in custody:
Physical injury (Hurt):
Bangladesh Constitution,
Article 33(2) reads - "Every person who is arrested and detained
in custody shall be produced before the nearest Magistrate within a period
of 24 (twenty-four) hours of such arrest, excluding the time necessary for
the journey from place of arrest to the court of the Magistrate, and no
such person shall be detained in custody beyond the said period without
the authority of a Magistrate".
Bangladesh Constitution, Article 35(3) reads- "Every person
accused of a criminal offence shall have the right to a speedy and public
trial by an independent and impartial court or tribunal established by law".
Detention- Police may detain a person in their custody for a period
not exceeding 15 (fifteen) days subject to an order of the Magistrate passed
on that behalf. Magistrate authorizing such detention in police custody
shall record his reasons for so doing.
Bail- Law authorizes the court to grant bail in some cases, if investigation
could not be completed within 120 (one hundred and twenty days).
Law also authorizes the courts to grant bail if the trial cannot be concluded
within 180 (one hundred and eighty) days in case of Magistrate and 360 (three
hundred and sixty) days in case of Sessions Judges.
Speedy Trial Tribunal Act, 2002: - 90 (ninety) days is fixed for
disposal of cases transferred to such tribunal for trial. In case of failure
Tribunal is required to report to the Supreme Court with a copy to the Government
the reason of such failure for a further extension of time. There may be
two such extensions of 30 days and 15 days for disposal of the case.
Hurt
Sections 319 to 338 A of the Penal Code 1860 deal with hurt:
- Hurt usually means causing physical injury or pain. It can be divided
by simple hurt and grievous hurt. It is a criminal offence
Section 319 says: - Whoever causing bodily pain, disease or infirmity
to any person is said to cause hurt. Severe bodily pain will fall within
the definition, no matter whatever may be the duration of such pain.
Hurt need not to be caused by direct physical contact between accused
and the victim. Serious mental derangement by causing shock also amounts
to hurt. Where, the accused with intent to frighten victim, presented
himself in a sudden and horrified manner, in that case intention to cause
hurt can be presumed (AIR 1944 Sind 19).
Section 320 defines "grievous hurt". Only eight kinds
of injuries, which have been specifically stated in this section, will
be considered as grievous hurt. These classifications are: -
| Firstly |
Emasculation |
| Secondly |
Permanent privation
of the sight of either eye |
| Thirdly |
Permanent privation
of the hearing of either ear |
| Fourthly |
Privation of
any member or joint |
| Fifthly |
Destruction
or permanent impairing of the powers of any members or joint. |
| Sixthly |
Permanent disfiguration
of the head or face. |
| Seventhly |
Fracture or
dislocation of a bone or tooth. |
| Eighthly |
Any hurt which
endangers life or which causes the sufferer to be during the space
of twenty days in severe bodily pain, or unable to follow his /her
ordinary pursuits. |
Punishments
of hurt
Different kind of punishments has been fixed by the Penal Code for the
offence of hurt. It depends on the grievousness of the act done by the
accused. The range of punishment can be one month to life term imprisonment
and will also be liable for fine, which may be at least five hundred Taka,
or above, or with both.
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