Mahin Meherab Aunik

12/02/2026

11/02/2026

Sobai sob kendro gulote sotorko thakun

11/02/2026

02/08/2024

The Constitution of Bangladesh enshrines the principles of freedom of speech and movement, crucial for a democratic society. Under Article 39, freedom of speech and expression is protected, allowing citizens to voice their opinions without fear of censorship or retaliation. This right, however, is not absolute. It can be restricted in the interest of state security, public order, decency, or morality, among other reasons. Such limitations ensure that while individuals can express themselves freely, their speech does not incite violence or spread misinformation.

Article 36 guarantees the right to move freely throughout Bangladesh, reside in any part of the country, and leave or return to it. This freedom of movement is vital for the socio-economic development of individuals and the nation. It enables citizens to seek education, employment, and other opportunities without geographic restrictions. Yet, this right is also subject to reasonable restrictions for public interest, such as during emergencies or to control epidemics.

These constitutional provisions reflect a balance between individual liberties and societal needs, ensuring that freedoms are exercised responsibly. The legal framework aims to protect the fundamental rights of citizens while maintaining public order and national security, integral for the stability and progress of Bangladesh.

Mahin Meherab Aunik
Advocate,
Supreme Court of Bangladesh
(HCD).
Executive Member,
Barguna District Bar Association.

29/07/2024

Exceptions to Criminal Offenses under the Penal Code of Bangladesh:

The Penal Code of Bangladesh, enacted in 1860, outlines various offenses and their corresponding punishments. However, the code also specifies certain exceptions where actions that would typically constitute a crime are not treated as such under specific circumstances. Here are some key exceptions:

1.Acts Done by a Child (Section 82 and 83):
Under Seven Years**: Any act done by a child under seven years of age is not considered an offense.

Under Twelve Years: If a child between seven and twelve years lacks sufficient maturity to understand the nature and consequences of their actions, they are also exempt from criminal liability.

2.Judicial Acts (Section 77):
Acts performed by judges in the course of their judicial duties are not considered offenses, provided they act in good faith within their jurisdiction.

3.Accidents (Section 80):
Harm caused by accident without any criminal intent, while performing a lawful act in a lawful manner by lawful means and with proper care and caution, is not deemed a criminal offense.

4.Acts Done in Good Faith (Section 88):
Acts done in good faith for the benefit of a person without their consent (such as in emergencies where consent cannot be obtained) are not considered offenses, provided they are done without any criminal intent.

5.Acts Causing Slight Harm (Section 95):
Minor harm that is trivial and not intended to cause serious injury is generally not regarded as a crime under the code.

6.Private Defense (Sections 96-106):
The code provides for the right of private defense of body and property. Any act done in exercise of this right is not an offense if it is proportionate to the threat posed.

7.Insanity (Section 84):
Acts committed by a person who, due to unsoundness of mind, is incapable of understanding the nature of the act or knowing that what they are doing is wrong or contrary to law are not considered offenses.

These exceptions recognize the importance of context and intent in determining criminal liability, ensuring that the law is applied justly and equitably. The Penal Code of Bangladesh thus balances strict legal provisions with considerations of fairness and human circumstances.

Mahin Meherab Aunik
Advocate,
Supreme Court of Bangladesh
(HCD).
Executive Member,
Barguna District Bar Association.