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A Critical Examination of the Penal Code 1860:
Assessing its Adequacy in Addressing Sexual Offences
Mahamud Khalid*
ABSTRACT
This research critically examines the handling of sexual offences in the Penal Code 1860,
highlighting the disconnect between its archaic provisions and the modern realities of sexual
crimes. Through a qualitative analysis of the legal framework and relevant literature, the
study identifies significant limitations in the current law, including outdated definitions and
inadequate punitive measures. It emphasizes the need for legal reforms to align the Code with
international human rights standards and effectively address contemporary sexual offences.
The findings provide crucial insights for legal reform, aiding policymakers, practitioners, and
scholars in the field of criminal law and human rights.
Keywords: Sexual Offences, Penal Code 1860, Legal Framework, Qualitative Analysis,
Outdated Definitions, Punitive Measures, Legal Reforms, Human Rights Standards, Criminal
Law, Contemporary Issues.
*Student, Department of Criminology, University of Dhaka,
E-mail: mahamud-2021815254@crim.du.ac.bd
1
INTRODUCTION
Sexual offences persist as a significant concern in global legal systems, and Bangladesh is no
different. The Penal Code of 1860, a relic of British colonial rule, remains the foundation of
criminal law in Bangladesh, encompassing regulations on sexual offences. Yet, this outdated
code is frequently criticized for its shortcomings, particularly in handling contemporary
sexual crimes. This research paper aims to assess the handling of sexual offences under the
Penal Code 1860, delving into its historical background, present implementation, and the
hurdles it encounters in addressing sexual violence in today's society.
The central problem this study addresses is the gap between the archaic legal
provisions of the 1860 Code and the evolving nature of sexual offences in contemporary
Bangladesh. The purpose of this study is to assess the alignment of the current legal
framework with the realities of modern sexual offences and pinpoint areas requiring reform.
The study's significance lies in informing legal professionals, policymakers, and scholars
about the effectiveness of current laws and the necessity to modernize them for better
protection against sexual crimes.
The scope of this study is confined to a detailed examination of the legal provisions
pertaining to sexual offences within the Penal Code 1860, including their historical evolution
and current application. It does not extend to a broader critique of the entire criminal justice
system in Bangladesh or a comparison with other legal systems.
This study is guided by following research questions:
●How does the Bangladesh Penal Code 1860 define and address different types of
sexual offences?
●What are the limitations and challenges in the current legal framework for dealing
with sexual crimes?
●How does the existing law align with international human rights standards?
●What reforms, if any, are needed to make the law more effective in preventing and
punishing sexual offences?
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After this introduction, the paper proceeds with a comprehensive literature review. The
subsequent sections will explore the difficulties encountered by the code in addressing
sexual offences, draw comparisons between the Penal Code and global human rights
benchmarks, and suggest potential reforms. Then the paper concludes with a summary of
findings and recommendations for future research.
LITERATURE REVIEW
The 1860 Penal Code, rooted in British colonial history, forms the basis of Bangladesh's
criminal legal system. Scholars, experts, and activists have delved into its nuances, focusing
on sexual offences. This literature review synthesizes key discussions surrounding the Code,
highlighting its history, current challenges, and reform possibilities concerning sexual
offences.
Historical Context and Origin
The Penal Code 1860 was a product of its time, deeply entrenched in the Victorian morals
and colonial administrative objectives. Its primary aim was to establish a unified legal system
in the colonies, harmonizing the diverse legal traditions that existed (Anima, 2022). The
Code, while comprehensive for its time, was designed more as an instrument of control rather
than an embodiment of justice, especially regarding issues of personal autonomy, such as
sexual offences (Sharma, 2020).
Nature and Definition of Sexual Offences
A significant area of discussion in existing literature is the nature and definition of sexual
offences as laid out in the Penal Code. Scholars criticized that the Code’s definition of rape,
for instance, is narrow, primarily focusing on peno-vaginal penetration. This restricted
definition excludes various forms of sexual assault, such as marital rape and acts involving
non-consensual oral or anal penetration (Solaiman 2023). The Code's emphasis on the
chastity and honor of women, rather than their autonomy and consent, reflects the patriarchal
underpinnings of the 19th-century legal framework (Khair, 1999).
3
Implementation and Enforcement Challenges
The literature consistently underscores the challenges in the implementation and enforcement
of the Penal Code's provisions on sexual offences. The procedural barriers, such as the
demand for medical evidence, which not only violate the dignity of survivors but also
contribute to low conviction rates (Mia, 2012). Systemic issues, including corruption within
law enforcement agencies and societal stigma, as significant obstacles in ensuring justice for
survivors of sexual offences (Frederick, 2010).
Comparative Analysis with Other Jurisdictions
Several scholars have undertaken comparative analyses of the Penal Code 1860 with penal
codes of other countries. Examining both the Code and the Indian Penal Code, noteworthy
reforms were observed in the latter following the 2012 Nirbhaya case. These reforms
extended the definition of sexual offenses and imposed more stringent penalties (Al Razi,
2022). Researchers emphasized the need for Bangladesh to take similar progressive steps.
They examined the Penal Code in light of international human rights standards, pinpointing
several areas where the Code falls short, especially in ensuring justice for survivors and
safeguarding their rights (Banarjee, 2020).
Calls for Reform and Modernization
The literature overwhelmingly supports the need for reforms. Amendments should not be
limited to the textual provisions but should also encompass procedural reforms and sensitivity
training for law enforcement officials (Islam, 2019). Many survivors feel re-traumatized by
the legal process, underscoring the need for a victim-centric approach (Mathew, 2022).
The existing body of literature on the Penal Code 1860 in the context of sexual
offences offers a comprehensive critique from various angles. It provides historical insights,
delves deep into the challenges of implementation, draws comparisons with other
jurisdictions, and fervently calls for reforms. However, there exists a gap in understanding the
lived experiences of key stakeholders, especially in the contemporary context, which this
research aims to address.
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METHODOLOGY
In examining the relevance of the Penal Code 1860 in addressing sexual offences in
contemporary Bangladesh, a descriptive research design utilizing secondary data sources was
employed. Academic publications, legal documents, government reports, and international
comparisons were systematically explored to ensure a comprehensive analysis.
The data collection involved database searches and document analysis, mainly from
Google Scholar, focusing on keywords like "Penal Code 1860", "sexual offences" and “legal
reforms in Bangladesh.” Thematic analysis was then applied to identify patterns and
variations, followed by a comparative evaluation with international legislation.
Rigor and authenticity were maintained through source verification and triangulation,
prioritizing credible peer-reviewed publications and official documents.
This methodical secondary data-based approach aims to offer a detailed and critical
appraisal of the Penal Code 1860, laying the foundation for subsequent findings and
discussions.
FINDINGS AND DISCUSSION
In this section, we provide a detailed exploration of sexual offences in contemporary
Bangladesh, emphasizing their statistical importance. We then critically evaluate relevant
sections of the Penal Code 1860, aiming to assess their effectiveness in addressing the
complexities of modern sexual crimes. Our findings seek to connect legal provisions with
real-world challenges, providing insights for potential reforms and recommendations to
enhance the legal framework.
Sexual offences encompass offences with a sexual aspect, which can include causing
physical harm (such as sexual assault) or inflicting mental and emotional distress on a victim
(for instance, involvement in child pornography) (National Institute of Justice, n.d.). Sexual
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offences refer to any sexual act carried out against another individual without their consent,
encompassing situations where the person is incapable of providing consent (Law Insider,
n.d.). This paper addresses both forcible (e.g., rape) and non-forcible (e.g., prostitution)
sexual offences. Our primary focus includes sexual assault, rape, statutory rape, sexual abuse
of a minor, sodomy, adultery, child pornography, prostitution, sex trafficking, and
transporting a person across jurisdictions with the intent of engaging in sexual activities in
this research.
Figure-1: Statistics of Sexual Offences Against Women in Bangladesh: Bangladesh
Mahila Parishad(January-October 2023) (Kaler Kantho, 2023).
The substantial numbers underscore the gravity of these crimes and their diverse
manifestations. Given the seriousness of these offences, we will conduct a comprehensive
examination to evaluate the sufficiency and effectiveness of existing provisions in the Penal
Code 1860 concerning sexual offences.
6
Analyzing Relevant Sections
Section
Assertion
354
Assault or criminal force to woman with intent to outrage her modesty:
Whoever assaults or uses criminal force to any woman, intending to outrage or
knowing it to be likely that he will thereby outrage her modesty, shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
366
Kidnapping or abducting or inducing woman to compel her marriage, etc.:
Whoever kidnaps or abducts any woman with intent that she may be compelled,
or knowing it to be likely that she will be compelled, to marry any person
against her will, or in order that she may be forced or seduced to illicit
intercourse, or knowing it to be likely that she will be forced or seduced to illicit
intercourse, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine; and whoever, by
means of criminal intimidation as defined in this Code or of abuse of authority
or any other method of compulsion, induces any woman to go from any place
with intent that she may be, or knowing that it is likely that she will be, forced or
seduced to illicit intercourse with another person shall also be punishable as
aforesaid.
366A
Procuration of minor girl: Whoever, by any means whatsoever, induces any
minor girl under the age of eighteen years to go from any place or to do any act
with intent that such girl may be, or knowing that it is likely that she will be,
forced or seduced to illicit intercourse with another person shall be punishable
with imprisonment which may extend to ten years and shall also be liable to fine.
366B
Importation of girl from foreign country: Whoever imports into Bangladesh
from any country outside Bangladesh any girl under the age of twenty-one years
with intent that she may be, or knowing it to be likely that she will be, forced or
seduced to illicit intercourse with another person, shall be punishable with
imprisonment which may extend to ten years and shall also be liable to fine.
372
Selling minor for purposes of prostitution, etc. Habitual dealing in slaves:
Whoever sells, lets to hire, or otherwise disposes of any person under the age of
eighteen years with intent that such person shall at any age be employed or used
for the purpose of prostitution of illicit intercourse with any person or for any
unlawful and immoral purpose, or knowing it to be likely that such person will
at any age be employed or used for any such purpose, shall be punished with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine. Selling minor for purposes on prostitution, etc.
Explanation I.- When a female under the age of eighteen years is sold, let for
hire, or otherwise disposed of to a prostitute or to any person who keeps or
manages a brothel, the person so disposing of such female shall, until the
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contrary is proved, be presumed to have disposed of her with the intent that she
shall be used for the purpose of prostitution.
Explanation II.- For the purposes of this section "illicit intercourse" means
sexual intercourse between person not united by marriage or by any union or tie
which, though not amounting to a marriage, is recognized by the personal law
or custom of the community to which they belong or, where they belong to
different communities, of both such communities, as constituting between them a
quasi-marital relation.
373
Buying minor for purposes of prostitution, etc.: Whoever buys, hires or
otherwise obtains possession of any person under the age of eighteen years with
intent that such person shall at any age be employed or used for the purpose of
prostitution or illicit intercourse with any person or for any unlawful and
immoral purpose, or knowing it to be likely that such person will at any age be
employed or used for any such purpose, shall be punished with imprisonment of
either description for a term which may extend to ten years, and shall also be
liable to fine.
Explanation I.-Any prostitute or any person keeping or managing a brothel, who
buys, hires or otherwise obtains possession of a female under the age of eighteen
years shall, until the contrary is proved, be presumed to have obtained
possession of such female with the intent that she shall be used for the purpose
of prostitution.
Explanation II.-'Illicit intercourse' has the same meaning as in section 372.
375
Rape: A man is said to commit "rape" who except in the case hereinafter
excepted, has sexual intercourse with a woman under circumstances falling
under any of the five following descriptions:
Firstly.- Against her will.
Secondly.-Without her consent.
Thirdly.-With her consent, when her consent has been obtained by putting her in
fear of death, or of hurt.
Fourthly.-With her consent, when the man knows that he is not her husband, and
that her consent is given because she believes that he is another man to whom
she is or believes herself to be lawfully married.
Fifthly.-With or without her consent, when she is under fourteen years of age.
Explanation. Penetration is sufficient to constitute the sexual intercourse
necessary to the offence of rape.
Exception. Sexual intercourse by a man with his own wife, the wife not being
under thirteen years of age, is not rape.
8
376
Punishment for rape: Whoever commits rape shall be punished with
imprisonment for life or with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine, unless the woman
raped is his own wife and is not under twelve years of age, in which case he
shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
377
Unnatural offences: Whoever voluntarily has carnal intercourse against the
order of nature with any man, woman or animal, shall be punished with
imprisonment for life, or with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine. Explanation.
Penetration is sufficient to constitute the carnal intercourse necessary to the
offence described in this section.
493
Cohabitation caused by a man deceitfully inducing a belief of lawful
marriage: Every man who by deceit causes any woman who is not lawfully
married to him to believe that she is lawfully married to him and to cohabit or
have sexual intercourse with him in that belief, shall be punished with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
497
Adultery: Whoever has sexual intercourse with a person who is and whom he
knows or has reason to believe to be the wife of anather man, without the
consent or connivance of that man, such sexual intercourse not amounting to the
offence of rape, is guilty of the offence of adultery, and shall be punished with
imprisonment of either description for a term which may extend to five years, or
with fine, or with both. In such case the wife shall not be punished as an abettor.
499
Enticing or taking away or detaining with criminal intent a married woman:
Whoever takes or entices away any woman who is and whom he knows or has
reason to believe to be wife of any other man, from that man, or from any person
having the care of her on behalf of that man, with intent that she may have illicit
intercourse with any person, or conceals or detains with that intent any such
woman, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
509
Word, gesture or act intended to insult the modesty of a woman: Whoever,
intending to insult the modesty of any woman, utters any word, makes any sound
or gesture, or exhibits any object, intending that such word or sound shall be
heard, or that such gesture or object shall be seen, by such woman, or intrudes
upon the privacy of such woman, shall be punished with simple imprisonment
for a term which may extend to one year, or with fine, or with both.
Table-1: Relevant Sections of the Penal Code 1860 which Address Sexual Offences (Laws of
Bangladesh, n.d.)
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Discussion on The Section
Section-354
This section's use of the term "modesty" can be criticized for its subjective nature and
potential to perpetuate gender stereotypes. A significant limitation is the subjective nature of
"modesty," a culturally relative notion, which can lead to varied interpretations, may lead to
victim-blaming (Singh & Mishra, 2020), where the focus is on the woman's behavior or attire
rather than the perpetrator's actions, and ma may not align with modern understandings of
women's rights and autonomy.
Sections-366, 366A & 366B
These sections appropriately criminalize the abduction and trafficking of women for marriage
or sexual exploitation. While section-366 aims to protect women from coercion, it may be
criticized for potentially reinforcing patriarchal notions (Kumari, 1999), where women are
seen primarily in the context of marriage and sexual purity. Section-366A could be criticized
for not explicitly addressing similar crimes against boys or recognizing a broader range of
sexual exploitation beyond illicit intercourse. A limitation of section 366 B is the age limit of
"twenty-one years," which may not cover all vulnerable populations, and the lack of explicit
mention of boys and transgender individuals.
Section-372
While this section criminalizes trafficking minors for sexual exploitation, it could be
criticized for not addressing the broader context of child exploitation and the need for
comprehensive child protection measures. It should also be criticized for its narrow focus on
"selling" and not encompassing other forms of exploitation like coercion or deceit.
Section-373
Similar to Section 372, this section could be criticized for focusing narrowly on the
transactional aspect of child exploitation without addressing the need for broader social and
legal measures to protect children.
10
Section-375
This section defines rape but is criticized for its narrow scope and gender-specific language,
failing to recognize male victims or non-penetrative forms of sexual assaults (Al Razi, 2022).
The exception regarding marital rape (sexual intercourse by a man with his wife, the wife not
being under thirteen years of age, is not considered rape) is particularly controversial, as it
fails to acknowledge marital rape as a crime (Akram & Pervin, 2021). Moreover, it fails to
recognize the autonomy and rights of married women.
Section-376
The differentiation in punishment based on the relationship to the victim (e.g., less severe
punishment for raping one's own wife) is controversial and can be seen as perpetuating the
notion that a husband has certain rights over his wife's body (Begum, 2004).
Section-377
This section, which criminalizes consensual same-sex relations, has been a point of
international human rights criticism. It reflects outdated views on sexuality and fails to
respect the rights and dignity of LGBTQ+ individuals (Anjum et al., 2021).
Section-493
This section aims to protect women from deception leading to sexual relations, but it can be
criticized for potentially reinforcing traditional notions of female chastity and marriage.
Section-497
This section criminalizes adultery but is gender-biased, as it only penalizes men and views
women as property of their husbands, ignoring the agency and consent of the women
involved.
Section-498
This section, like Section 497, can be criticized for perpetuating the idea of women as
property and for its gender bias, focusing only on married women and not recognizing similar
offences against men or unmarried women.
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Section-509
Like Section 354, the use of "modesty" is subjective and open to interpretation, potentially
leading to inconsistent application and a focus on the victim's behavior.
Loopholes
The above findings lead to a comprehensive discussion on the loopholes and possible reforms
of the Penal Code of 1860 in those sections where sexual offences have been discussed.
Not Addressing Male Victims
The Penal Code of 1860, as discussed in the sections related to sexual offences, does not
explicitly address sexual assaults against male victims. Section 375 of the Penal Code, 1860,
specifically defines rape in the context of a 'woman' being victimized by a 'man', excluding
the recognition of male victims in this context. Moreover, Section 377 categorizes what could
be termed as 'rape against men' as an 'unnatural offence', differentiating it from the traditional
definition of rape. This omission raises concerns about gender inclusivity and highlights a
significant loophole in the legal framework. The absence of specific provisions for male
victims may contribute to underreporting, lack of legal protection, and societal stigmatization.
Lack of Comprehensiveness of the Legal Definitions
Rape, the most severe sexual offence, lacks a precise definition in section 375 of the Penal
Code 1860, failing to clarify crucial concepts such as the exact meaning of sexual intercourse
and the victim's consent. In numerous rape cases, the court assumes the victim's consent
when medical reports show no signs of violence or resistance, or based on prior relations
between the accused and the victim.
Laws regarding sexual assault presume a lack of consent for any sexual intercourse
involving a female victim under 16, except for cases involving a husband and wife where she
12
is at least 13, as outlined in the Penal Code 1860. In contemporary terms, the Penal Code
1860 permits the legal rape of a child over 13 if married to the perpetrator.
The primary flaw in section 377 of the Penal Code is its inability to differentiate
between consensual and non-consensual sexual activities.
Additionally, in section 377, the term "unnatural offence" inaccurately stigmatizes the
definition. This labeling results in the unjust perception of "lesbians" and "gays" as
"unnatural beings," discounting their sexual activities due to these restrictive standards.
Misinterpretation of definitions and terms can indeed lead to false accusations. It's
crucial to ensure a fair and accurate understanding of legal language to avoid unjust
allegations or the overlooking of actual crimes.
Table-3: Definition of Rape in Various Jurisdictions
13
The table presents the extent and intricacy of definitions across different countries,
emphasizing the diverse legal interpretations of rape. More importantly, it underscores
significant shortcomings in our legal code's ability to define rape, raising concerns about the
adequacy of the 1860 penal code in addressing sexual offences.
Narrow Scope
Figure-2: Comparison of Reported Sexual Offences in Different Jurisdiction (Samad,2023)
The pie charts depict different types of sexual violence acknowledged in contemporary
modern legal systems compared to those acknowledged in Bangladesh's existing legal
framework, primarily governed by the penal code of 1860. This comparison highlights the
limited scope of the issues within the Penal Code 1860.
The Penal Code of 1860 is deficient on multiple fronts due to its limited scope, notably
its failure to encompass male victims and neglect of less severe offences.
The Penal Code's definition of rape, primarily seen as 'peno-vaginal penetration',
doesn't explicitly define 'penetration', thereby limiting its scope. This interpretation is aligned
14
with the traditional understanding of 'sexual intercourse' but fails to encompass other forms of
sexual assault that are recognized as rape in various jurisdictions outside Bangladesh.
Different modes of sexual penetration fall under the categories of "unnatural offences" or
sexual oppression/assault, carrying substantially lesser penalties. Moreover, defining criminal
actions like compelled nudity, forced sterilization, or genital mutilation within the legal
framework of sexual offences in Bangladesh poses considerable challenges.
Not Addressing Marital Rape
Bangladeshi legislation lacks explicit provisions criminalizing marital rape (i.e. forced sexual
intercourse between a man and his wife), allowing for its occurrence without exceptions,
even in cases of separation. This absence raises concerns about the violation of women's
rights, contradicts international standards, and may hinder reporting and justice for survivors.
Legal reforms are needed to address these limitations and align with evolving societal norms.
Patriarchal Upper Hand
Another limitation of the Penal Code is its tendency to perpetuate a patriarchal upper hand.
Several sections may be criticized for reflecting traditional gender norms, potentially
reinforcing power imbalances and overlooking the rights and agency of individuals,
particularly women. This limitation highlights the need for legal reforms that promote gender
equality and address underlying patriarchal structures.
Scope for Victim Blaming
Within the Penal Code, Sections 354 and 509, specifically addressing 'outraging a woman's
modesty,' have faced criticism for their lack of clarity and the potential to engage in
victim-blaming. The term "modesty" in these sections is subjective and open to varied
interpretations, introducing a level of ambiguity in the legal language.
Critics argue that this ambiguity may contribute to societal biases, as the concept of
modesty is culturally relative and can be influenced by stereotypes. In cases where these
sections are applied, there is a risk that the focus might shift towards the behavior or attire of
the woman, rather than emphasizing the responsibility of the perpetrator.
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Furthermore, the concern about potential victim-blaming is significant. In the context
of Sections 354 and 509, the subjective nature of 'modesty' can lead to questioning the actions
or choices of the woman rather than holding the perpetrator accountable for any wrongdoing.
This criticism aligns with broader discussions on evolving understandings of women's
rights and autonomy. Modern perspectives emphasize the importance of shifting the focus
from scrutinizing the behavior of women to holding those who commit offences accountable
for their actions.
Regrettably, the Women and Child Repression Preventiom (Amendment) Bill of 2020
reiterates this particular definition (The Daily Star, 2020), thereby underscoring the
imperative for a more expansive and inclusive legal elucidation of sexual violence.
Consequently, we proffer a set of recommendations in response to this imperative.
Reforms
The imperative for reforms in the Penal Code of 1860 is underscored by its gender-exclusive
approach, overlooking male victims, ambiguous legal definitions contributing to potential
misinterpretations, a narrow scope that fails to align with international standards, and the
absence of provisions criminalizing marital rape. The patriarchal underpinnings in certain
sections perpetuate power imbalances, while subjective terms like 'modesty' in Sections 354
and 509 risk victim-blaming. A comprehensive overhaul is essential to foster inclusivity,
clarify definitions, broaden the legal framework, align with evolving societal norms, and
promote gender equality, ensuring a more equitable and effective response to sexual offences
in Bangladesh. With this guiding principle, we will propose certain reforms within this
particular sub-section.
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Table-4: Timeline Comparing Significant Amendments in Sexual Offences Laws Globally
The table illustrates a chronological comparison of notable revisions in global sexual
offences laws, pinpointing key moments when major nations implemented reforms and
positioning the Penal Code 1860 within this context. While Bangladesh has endeavored to
align with global standards, initiatives like the enactment of 'Nari-O-Shishu Nirjaton Daman
Ain 2000' have proven unsuccessful. Therefore, we are suggesting additional reforms to
address these shortcomings. The proposals are as followed:
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●Addressing Sexual Assault Terminology
○Replace the term 'rape' with 'sexual assault' in legislative references.
○Expand the definition of sexual assault to include any non-consensual sexual
interference, irrespective of penetration.
○Cease legal sexual relations with a "married child above the age of thirteen"
immediately.
●Gender-Neutral Language and Inclusivity
○Introduce gender-neutral language in relevant sections to ensure protection for
all genders.
○Address stigmatization and reporting barriers for male victims through public
awareness campaigns.
●Legal Protections and Penalties
○Review and enhance penalties for sexual offenses against men to align with
the severity of harm caused.
○Establish robust support services for male victims, including counseling,
medical assistance, and legal aid.
●Expanded Definition of Sexual Assault
○Redefine sexual assault (rape) to encompass various forms beyond penile
penetration, such as forced oral sex, anal sex, or penetration with an object.
○Ensure the definition applies to all genders, including male, female, and
transgender individuals.
●Cybersecurity and Online Crimes
○Strengthen the cybersecurity team to address sexual crimes occurring online,
such as the unauthorized sharing of intimate photos.
●Proportional Punishments
○Ensure the range of punishment for sexual offenses is proportionate to the
severity of the offenses committed
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●Gender Neutrality and Inclusive Protection
○Recognize men and transgender individuals as potential victims of sexual
assault, ensuring the law protects all genders.
●Witness Protection and Victim Compensation
○Implement witness protection measures to safeguard identities.
○Compensate victims for physical and emotional suffering, covering medical
expenses and loss of income.
●Rehabilitation and International Standards
○Provide support for victim rehabilitation, including counseling and vocational
training.
○Align Bangladesh's laws with international standards and conventions on
sexual offenses to uphold victims' rights globally.
Limitations
This research, while extensive, encounters several limitations. Firstly, the legal landscape is
dynamic, subject to amendments and revisions. Additionally, the sociocultural intricacies
influencing sexual offence dynamics might not be fully captured in this primarily
legal-focused exploration. Limited access to recent and detailed statistical data on sexual
offences in Bangladesh constrains the precision of statistical assessments. The research
predominantly centers on sexual offences against women, potentially limiting insights into
the experiences of men and transgender individuals.
Further Research Proposals
To overcome these limitations, future research avenues are suggested. A longitudinal study
tracking the evolution of sexual offence laws and their societal impact would provide
valuable insights. Complementing legal analyses with qualitative sociological studies can
offer a deeper understanding of the cultural factors affecting reporting and prosecution. A
comparative legal analysis, examining successful frameworks globally, can inform targeted
19
reforms in Bangladesh. Victim-centric research, exploring survivors' challenges during legal
proceedings, could provide a nuanced understanding. Investigating the alignment of sexual
offence laws with international human rights standards and assessing the impact of public
awareness campaigns on reporting rates are also proposed. Delving into cyber sexual crimes
investigation and legal adaptability to emerging issues aims to address gaps and contribute to
a more holistic understanding.
CONCLUSION
In conclusion, this comprehensive exploration of sexual offence laws in contemporary
Bangladesh reveals a nuanced landscape marked by strengths and notable shortcomings. The
Penal Code of 1860, while foundational, exhibits gender biases, insufficient inclusivity, and a
limited scope that fails to align with evolving global standards. The research underscores the
imperative for substantial reforms to foster gender-neutral language, address the patriarchal
underpinnings, and enhance legal protections for all genders.
The identified loopholes, including the absence of explicit provisions for male victims,
outdated medical examination procedures, and gender-based disparities, necessitate urgent
attention. Proposed reforms, ranging from redefining sexual assault to improving support
services for victims, aim to create a more inclusive and equitable legal framework. The
comparison with global jurisdictions emphasizes the need for Bangladesh's laws to align with
international standards, ensuring the protection of victims' rights in accordance with
universally accepted norms.
However, this research acknowledges its limitations, primarily stemming from the
dynamic legal landscape and sociocultural complexities that may not be fully captured.
Further research proposals suggest avenues for longitudinal studies, qualitative sociological
analyses, and comparative legal assessments to enhance the depth and accuracy of future
investigations.
In essence, the findings emphasize the critical role of legal reforms in shaping a more
just and inclusive response to sexual offences in Bangladesh. As societal norms evolve, it is
20
imperative for the legal framework to adapt, ensuring the protection, dignity, and rights of all
individuals, regardless of gender. The pursuit of these reforms aligns with broader global
efforts to establish comprehensive and victim-centric approaches to address the complexities
of modern sexual crimes.
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