The Nari O Shishu Nirjatan Daman Act (Women and Child Repression Prevention Act Bangladesh) has been in effect since 2000 for prosecuting rape cases. Recently, there has been widespread discussion about the legal framework and judicial process related to rape, especially focusing on the tragic and brutal rape of the child Asia.
To ensure justice for this heinous incident as soon as possible, women and child rights activists demanded that the law be updated. In that context, the interim government took the initiative to update the law by issuing an ordinance.
As the incidence of violence against women and children in Bangladesh increases daily, the government amended the law in 2025 and added new sections. The amendment includes measures to address digital torture, protect witnesses, and ensure a swift trial.
A review of the issued Prevention of Nari O Shishu Nirjatan Daman (Amendment) Ordinance, 2025 shows that the law has added several provisions to clarify the definition of rape and speed up investigation and trial processes.
The amended law separates the crimes of ‘rape’ and ‘sexual intercourse under the promise of marriage’ and includes the rape of a child as part of rape. After the amended law comes into effect, non-coercive sexual acts with a woman under the pretext of marriage during an intimate relationship will no longer be considered ‘rape, this would be a type of ‘criminal or fraudulent sexual act,’ punishable by up to seven years in prison Under (Section 9b).
It is worth noting that Section 9(1) of the Nari O Shishu Nirjatan Daman Act already defines ‘sexual intercourse by fraudulently obtaining consent’ as ‘rape.’ Under that provision, incidents of ‘sexual intercourse by showing the lure of marriage’ have so far been filed as ‘rape cases.’
Most of the rape cases currently pending in court are of this nature. Although these cases are actually less serious, the word ‘rape’ attached to them allows various parties to take advantage of these cases to make a profit. Again, due to the abundance of cases of this nature, actual rape cases do not receive the expected attention from investigative agencies and tribunals.
Women’s and child rights activists believe that non-coercive sexual acts during courtship should not be considered ‘rape.’ If there is any special temptation behind such sexual acts, it can be broadly termed as ‘criminal or fraudulent sexual acts.’ The amended law defines this crime as ‘sexual acts without force under the promise of marriage during a relationship of trust.’
Besides, many media outlets are mistakenly writing it as ‘rape under the promise of marriage.’ Adding the word ‘rape’ is creating some confusion about it. In fact, although such sexual acts have been considered ‘rape’ until now, they will no longer be considered ‘rape’ after the amendment. In our society, women are generally reluctant to engage in physical relationships despite being in love.
It is common for women to be emotionally blackmailed into physical relationships by promising marriage. As a result, there is no scope to decriminalize it, and it is also not correct to classify it as a serious crime like ‘rape.’ The amended law attempts to strike this balance. A definition of ‘sexual intercourse’ has been added to the law. It has been stated that if a person inserts his penis or any part of his body or any other object into the vagina, anus or mouth of a woman or child for gratifying sexual desire, it shall be considered as ‘sexual intercourse’ [Section 2(jj)].
This definition will apply to all three cases rape, sexual intercourse under the promise of marriage, and child abuse. As a result, the law has clarified what the minimum standard of proof for these crimes will be. In Section 9(1) of the Act, the word ‘person’ has been replaced with the word ‘male.’ As a result, it will be possible to punish rapists or accomplices of rapists of all genders. Incidents of rape of boys and children will also be considered ‘rape.’ There was no punishment for causing grievous bodily harm to a woman or child for rape in this Act till now. A new clause (c) has been added to Section 9(4) to provide for the death penalty or life imprisonment in this case.
The investigation and trial period for this case has been reduced to complete the trial of the rape case within the minimum time. Previously, the investigation period for an accused caught red handed was sixty days. This has been reduced to thirty days. However, in special circumstances, the investigation period can be extended subject to court supervision under (Section 18). While the law stipulates that trials for other crimes must be completed within one hundred and eighty days, in the case of rape, it states that trials must be completed within ninety working days from the filing of the complaint under (Section 20).
Some steps have also been taken regarding the issues that are responsible for the delay in investigation and trial. For example, earlier, DNA testing was mandatory in all types of cases. From now on, the investigating officer will conduct DNA testing based on the court’s decision under (Section 32A). There is a provision for taking action against any ‘government official,’ including the investigating officer, if the investigation or trial is not completed within the stipulated time. Previously, there was only an opportunity to take action against the investigator. In the case of a fugitive accused being tried in absentia, the process of trial can be done through information technology instead of following the lengthy process of Sections 87, 88 or 339B of the Code of Criminal Procedure or it is said to publish the notified order in a newspaper under (Section 21).
The amended law states that the tribunal may take evidence through information technology to avoid delaying the case in taking the testimony of remote witnesses, and the government shall provide the necessary technology for this under [Section 24(4)]. The tribunal has also been held accountable for failing to resolve rape cases within the stipulated time. In this context, it is stated that if the tribunal fails to dispose of the case within the specified time, the Supreme Court and the government must be informed and the authorities will take necessary action under [Section 31A, Sub-section (4)].
After the amended law comes into effect, cases of ‘general injuries for dowry demands’ under Section 11(c) of this law will be handled in the magistrate’s court instead of the Nari O Shishu Nirjatan Daman Tribunal. Since this crime is negotiable, a large part of the tribunal’s judicial working hours was spent on this case. As suggested by stakeholders, these cases have been transferred from the tribunal to the magistrate’s court.
The proceedings of this case will be conducted in the First Class Magistrate Court in accordance with the Code of Criminal Procedure and the Evidence Act. However, cases under Section 11(c) that are already pending in police stations and tribunals will be disposed of by the tribunals as per the previous rules and cannot be transferred to the magistrate’s court under (Section 35).
The responsibilities of police officers-in-charge (OC) were not clearly mentioned in this law. Under Section 25A has been added, stating that if a complainant appears at the police station with primary evidence, the officer-in-charge shall immediately register the complaint and, if necessary, take necessary steps regarding the medical examination and treatment of the victim. This section further states that the complainant cannot be turned away simply because the incident is under the jurisdiction of another police station. Regardless of the police station in which the complaint is filed, the officer-in-charge will record the complainant’s statement, arrange for the necessary medical examination and treatment of the victim, and immediately forward the complaint along with the case diary to the appropriate police station.
According to the amended law under Section 32, a free medical examination of a raped woman or child must be conducted at a government hospital, a report must be submitted to the victim and the police station within 72 hours, and the DNA lab must prepare reports on a priority basis in rape cases under (Sections 32 and 32A).
The amended law states that if a false or harassing case is filed, the court can take action on its own initiative without the victim’s complaint [Section 17(2)] and if the tribunal identifies the case as harassing, the same judgment may impose a maximum sentence of two years and an order for compensation against the complainant under [Section 17(3)]. The amended law empowers the court to issue protection orders to ensure the safety and security of victims, witnesses and those concerned, as well as providing compensation for travel and time of witnesses under [Sections 31 and 32B].
Although the amendment process of the law was completed in a short time, it is noticeable that the government is quite sincere in reflecting the opinions of stakeholders. However, many are mentioning the need to increase the capacity of the Nari O Shishu Nirjatan Daman Tribunals to ensure justice. These tribunals currently perform additional duties as ‘children’s courts.’ To ensure a speedy trial and fair justice, the government should properly implement the law.
