4.

Supremacy of the Law:

The provisions of this Act shall have effect not withstanding anything to the contrary contained
in the Code of Criminal Procedure or any other law for the time being in force.
5. Extra-territorial Application
(1) If any person commits any offence against any Bangladeshi national or property outside
Bangladesh, which if committed in Bangladesh would have been punishable under this
Act, shall be deemed to have committed the offence in Bangladesh and the provisions of
this Act shall be applicable to that person and the offence.
(2) If any person commits any offence inside Bangladesh from outside the territory
of Bangladesh, it shall be deemed that total process of the commission of offence has
been performed in the territory of Bangladesh and the provisions of this Act shall be
applicable to that person and the offence.
(3) If any person commits any offence outside Bangladesh from the territory of Bangladesh,
it shall be deemed that total process of the commission of offence has been performed in
the territory of Bangladesh and the provisions of this Act shall be applicable to that
person and the offence.
CHAPTER II: Offence and Punishment
6. Terrorist Activities
(1) If any person by creating horror amongst the public or segment of the public
to jeopardize the territorial integrity, solidarity, security or sovereignty of Bangladesh,
for the purpose of compelling the government or any other person to do or not to do an
act (a) causes death, inflicts grievous hurt, confines or abducts any person or causes
damage to any property of a person; or (b) uses or keeps any explosive, ignitable
substance, firearms or any other chemical substance with a view to effect the purposes
enumerated in clause (c); shall commit the offence of terrorist activities.
(2) Any person committing terrorist activities shall be sentenced with death or convicted with
rigorous imprisonment of not more than 20 years but not less than 3 years and shall also
be liable to fines.
7. Offences for supply of money to terrorist activities
(1) If any person supplies or incites to supply money, service or any other property to other
person and intends to use it for any terrorist activities or if there is reasonable cause to
believe that those would be or might be used for terrorist activities, he would commit the
offence for supply of money to terrorist activities.
(2) If any person receives money, service or any other property and intends to use it for any
terrorist activities or if there is reasonable cause to believe that those would be or might
be used for terrorist activities, he would commit the offence for supply of money to
terrorist activities.
(3) If any person manages money, service or any other property to other person and intends
to use it for any terrorist activities or if there is reasonable cause to believe that those
would be or might be used for terrorist activities, he would commit the offence
for supply of money to terrorist activities.
(4) Any person found guilty of offences under sub-clause (1) to (3), shall be convicted
of not more than twenty years and not less than three years imprisonment of any
description, and in excess to that may also be liable to fine.
8. Membership of prohibited organizations
If any person becomes or claims to be a member of any prohibited organization, he would
commit offence and committing such offence and would be punished with not more than six
months imprisonment or fine or with both.
9. Supporting of prohibited organization
(1) If any person requests or urges any other person to support any prohibited organization
under section 18, or arranges, administers or aids to administer or gives speeches for the
purpose of supporting any prohibited organization or boosting up or encouraging its
activities, he would commit offence.
(2) If any person addresses any meeting or circulates any information for begging support in
favor of any prohibited organization or for activating its activities, through radio,
television or any other print or electronic media, he would commit offence.
(3) Any person found guilty of offences under sub-clause (1) or (2), shall be convicted
of not more than seven years and not less than two years imprisonment of any
description, and in excess to that may also be liable to fine.
10. Punishment for criminal conspiracy
If any person involves in criminal conspiracy to commit any offence under this Act, he shall be
punished for such a term of any description which is two-thirds of the maximum punishment
provided for that offence or with fine or both and if the fixed punishment is death sentence, the
punishment shall be for life imprisonment or not more than fourteen years but shall not be less
than 5 years.
11. Punishment for attempt to commit offence
If any person attempts to commit any offence under this Act, he shall be punished for such a
term of any description which is two-thirds of the maximum punishment provided for that
offence or with fine or both and if the fixed punishment is death sentence, the punishment for the
offence shall be for life imprisonment or not more than fourteen years but shall not be less than 5
years.
12. Punishment for abetment to offence
Whoever abets to any offence punishable under this Act shall be punished with the conviction
fixed for that offence.
13. Instigation to terrorist activities
If any person through his voluntary activities or participation prepares or distributes any
document or by broadcasting any information through print or electronic media or aids to any
person or organization by providing any apparatus, service or technology or training with
knowledge that such document, apparatus, service or technology or training would be used to
perpetrate any offence under this Act or such person or organization would use those to
perpetrate like offences, it shall be taken that such person has instigated the terrorist activities
and for such type of offence he shall be punished for such a term of any description which is
two-thirds of the maximum punishment provided for that offence or with fine or both and if the
specified punishment is death sentence, the punishment for the offence shall be for life
imprisonment or not more than fourteen years but shall not be less than 5 years.
14. Sheltering offenders
(1) If any person irrespective of having knowledge that a person has committed offence
under this Act or irrespective of having reasonable cause to believe that the
impugned person is an offender, shelters or hides any person, he shall be-(a) convicted of
five years, if the punishment for the offence is a death sentence, and in excess to it shall
also be liable with fine.(b) convicted of three years, if the offence is punishable with life
imprisonment or for another term and in excess to that shall also be liable with fine.
(2) If the offence of sheltering or hiding under sub-clause (1) is accorded by husband, wife,
son, daughter, father or mother of the offender, the provisions of this section shall not be
applicable.
17. Organization involved with terrorist activities
For the purpose of furthering the objectives of this Act, any organization shall be held to be
involved in terrorist activities, if it-
a. operates terrorist activities or participates in it;
b. take preparation for terrorist activities;
c. abets or incites terrorist activities;
d. supports and cooperates organizations involved in terrorist activities;
e. Otherwise involves in terrorist activities.
18. Prohibiting organization
For the purpose of this Act the Government shall have the power to prohibit by order or
incorporating in schedule, any organization on reasonable basis of involvement in terrorist
activities.
20. Actions against prohibited organization
(1) If any organization is declared prohibited, the government, in addition to taking steps
under this Act, is empowered to take the following measures:(a)would close its office, if
any;(b)would freeze its bank account and confiscate other transaction;(c)would abandon
all types of prospectus, poster, banner, or other printed, electronic and digital materials;
and;(d)shall prohibit the publication of any press release, printing or publication, press
conference or giving speech before public;
(2) The prohibited organization shall submit the accounts of its earnings and expenses and
disclose all sources of income to proper authority appointed by the government.
(3) If it appears that fund and assets of the prohibited organization have been earned
unlawfully or have been used to commit any offence under this Act, such fund and assets
shall be forfeited in favor of the state.
24. Time frame of investigation
(1) Any police officer shall complete the investigation of any case under this Act within
thirty days from the date of receiving information or record under section 154 of
the procedure.
(2) If the police officer fails to complete the investigation by thirty days as stated under sub-
clause (1), he shall extend the time for a further 15 days with reasons recorded in the case
diary.
(3) If the police officer fails to complete the investigation within time as stated under sub-
clause (2), he shall extend the time further which shall not exceed 30 days with the
written approval of the Superintendent of Police of the concerned district or in applicable
cases, of the Deputy Police Commissioner of the metropolitan area.
(4) If the police officer fails to complete the investigation within time as stated under sub-
clause (3), he shall forthwith communicate about the incidents with reasons recorded
therein to the Superintendent of Police of the concerned district or in applicable cases, to
the Deputy Police Commissioner of the metropolitan area, and if the reasons are
not justified he shall be subject to departmental penal action.
35. Forfeiture of assets earned through terrorist activities
If a judge is satisfied to the effect that any property was confiscated or seized because of being
earned through terrorist activities, the property of the person from whose custody such property
was confiscated or seized shall be liable to forfeited.
36. Issuance of show cause notice before forfeiting any asset earned throughterrorist
activities
(1) No Order of forfeiture of the assets earned through terrorist activities shall be given
unless the person in whose control or possession the asset is situated, is issued a written
notice describing the reasons of forfeiture and provided with an opportunity of giving
reply in written and hearing within a reasonable time.
(2) The Order of forfeiture shall not be given, if such person can establish that he did not
know that the asset was earned through terrorist activities and he had purchased it in
exchange of proper value.
38. Mutual Legal Assistance
(1) When an offence is committed in such a manner or is abetted, attempted, conspired,
financed in its commission in such a way that the territory of a foreign country is
associated with it, or running of terrorist activities or abetment, attempt, conspiracy
or finance to its running, are committed from the territory of a foreign sovereign country
or from the territory of Bangladesh to the territory of another sovereign country, then at
the request of such foreign country the government of Bangladesh, if satisfied, subject to
the provisions of this section, shall extend legal assistance to that foreign country in all
necessary matters relating to criminal investigation, trial and extradition.
(2) The terms and conditions of the legal assistance between the requesting and requested
state shall be determined by agreement or exchange of notes reached through mutual
negotiation.
(3) No citizen of Bangladesh committing offence under this Ordinance shall be liable to be
extradited to any foreign country.
(4) For the purpose of mutual legal assistance under this section, a citizen of Bangladesh,
subject to his consent, can be handed over to other country to assist in criminal case
or investigation as a witness.
(5) If there is strong reasons to believe on the part of the government that mutual legal
assistance has been sought to try or punish a person simply for his caste, religion,
nationality or political opinion, then as a requested state Bangladesh preserves the
authority to refuse the request of extradition or mutual legal assistance in such cases.