Laws For everyday life
Laws relating to mutiny
In the previous issue the term mutiny had been illustrated using the Penal Law of Bangladesh and the Navy Ordinance. The following are legislations of the Bangladesh Army, Armed Police Battalion and the Bangladesh Rifles related to offences of mutiny.
THE ARMY ACT, 1952
Chapter V - Offences
Mutiny and insubordination
31. Any person subject to this Act who commits any of the following offences, that is to say,-
(a) begins, incites, causes, or conspires with any other person to cause, or joins in, any mutiny in the military, naval or air forces of Bangladesh or any forces co-operating therewith; or
(b) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or
(c) knowing or having reason to believe in the existence of any such mutiny or any intention to commit such mutiny, or of any such conspiracy, does not without reasonable delay give information thereof to his commanding or other superior officer; or
(d) attempts to seduce any person in the military, naval or air forces of Bangladesh from his duty or his allegiance to the Government of Bangladesh; shall, on conviction by court martial, be punished with death or with such less punishment as is in this Act mentioned.
THE ARMED POLICE BATTALIONS ORDINANCE, 1979
Offences triable by Special Court
8. (1) An officer or an Armed Policeman, who-
(a) begins, excites, causes or joins in any mutiny or sedition or, being present at any mutiny or sedition, does not make his utmost endeavour to suppress it, or, knowing, or having reason to believe in the existence, of any mutiny or sedition, does not, without delay, give information thereof to his Commanding Officer or superior officer; or
(b) uses or attempts to use, criminal force to commit an assault on his superior officer knowing or having reason to believe him to be such superior officer, whether on or off duty; or
(d) in the presence of an enemy or any person in arms against whom it is his duty to act, casts away his arms or his ammunition, or intentionally uses words or any other means to induce any other subordinate officer or Armed Policeman to abstain from acting against the enemy, or any such person or to discourage any such subordinate officer or Armed Policeman from acting against the enemy, or any such person; or
(f) directly or indirectly assists or relieves with money, victuals or ammunition, or knowingly harbours or protects any enemy or person in arms against the State; or
(i) uses criminal force to, or commits an assault on, any person bringing provisions or other necessaries to camp or quarters, or forces a safeguard, or without authority breaks into any house or any other place for plunder, or destroys or damages any property of any kind; or
(j) intentionally causes or spreads a false alarm in action, camp, battalion headquarters or barracks; or
(l) commits or attempts to commit rape on any woman;
shall, on conviction by a Special Court, be punished with,-
(a) in the case of an offence mentioned in clause (a) or (l), transportation for life, or rigorous imprisonment for a term of not less than ten years;
(b) in the case of an offence mentioned in clause (b), (c), (d), (e) or (f), rigorous imprisonment for a term which may extend to ten years; and
(c) in the case of an offence mentioned in clause (g), (h), (i), (j) or (k) rigorous imprisonment for a term which may extend to seven years.
(2) A Special Court may take cognisance of any offence punishable under this section either of its own motion or on a complaint by any person and shall follow such procedure as may be prescribed.
(5) When a Special Court passes sentence of transportation for life, the proceedings of the case shall be submitted,-
(a) in the case of superior officer, to the President; and
(b) in the case of a subordinate officer or an Armed Policeman, to the Inspector General of Police,
and the sentence shall not be executed unless it is confirmed by the President or, as the case may be, by the Inspector General of Police.
(6) In any case submitted under sub-section (5), the President or, as the case may be, the Inspector General of Police may-
(a) confirm the sentence, or pass any other sentence warranted by law, or
(b) annul the conviction, and convict the accused of any offence of which the Special Court might have convicted him, or order a new trial on the same or an amended charge, or
(c) may acquit the accused:
Provided that no order of confirmation shall be made under this sub-section until the period allowed for preferring an appeal has expired, or, if an appeal is preferred within such period, until such appeal is disposed of.
THE BANGLADESH RIFLES ORDER, 1972
10A. (1) A subordinate officer or a Rifleman or a Signalman, who-
(a) begins, excites, causes or joins in any mutiny or sedition or, being present at any mutiny or sedition, does not make his utmost endeavours to suppress it, or, knowing, or having reason to believe in the existence, of any mutiny or sedition, does not, without delay, give information thereof to his Commanding officer or superior officer; or
(b) uses, or attempts to use, criminal force to, or commits an assault on, his superior officer, knowing or having reason to believe him to be such, whether on or off duty; or...
shall, on conviction by the Special Court, be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine which may extend to Taka one hundred.
(2) The Special Court may take cognisance of any offence punishable under this Article either of its own motion or on a complaint by any officer and shall follow such procedures as may be prescribed.
(3) A subordinate officer or a Rifleman or Signalman accused of an offence under this Order shall have the right to conduct his own defence or to have assistance of any officer of the Force or of any legal practitioner of his own choice.
-- Compiled by Law Desk.
