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CORRUPTION-RELATED OFFENCES IN BANGLADESH

A. Offences under the Anti Corruption Commission Act, 2004 

1. Section 19: Special Powers of the Commission in Respect of Inquiry or Investigation

(i) Any person obstructing an official legally empowered by the commission, or a commissioner in the exercise of his or her powers under this sub-section (1), or any person deliberately violating any order given under that sub-section commits a punishable offence is liable to a term of imprisonment of not more than three years or a fine or both.

2. Section 26: Declaration of Properties

(i) If the commission is satisfied on the basis of its own information and after necessary investigation that any person or any other person on his or her behalf is in possession or has obtained ownership of property not consistent with his or her legal/known sources of income then the commission through an order in writing shall ask that person to submit a statement of assets and liabilities in the manner determined by the commission and to furnish any other information mentioned in that order.

(ii) If any person

(a) After having received an order mentioned in sub-section (1) fails to submit the written statement or furnish the information accordingly or submits any written statement or provides any information that is false or baseless or there are sufficient grounds to doubt their veracity; or

(b) Submits any book, account, record, declaration, return or any document under sub-section (1) or gives any statement that is false or baseless or there are sufficient grounds to doubt its veracity, then that person will be sentenced to a prison term of up to three years or a fine or both.

3. Section 27: Possession of Property in Excess of Known Sources of Income

(i) If there are sufficient and reasonable grounds to believe that a person in his/her own name or any other person on his/her behalf is in possession and has obtained ownership of moveable or immovable property through dishonest means and the property is not consistent with the known sources of his/her income and if he/she fails to submit to the court during trial a satisfactory explanation for possessing that property, then that person shall be sentenced to a prison terms ranging from a minimum of three years to a maximum of ten years’ imprisonment, and these properties shall be confiscated.

B. Offences under the Prevention of Corruption Act, 1947

1. Section 5, Subsection (2) Any public servant who commits or attempts to commit criminal misconduct shall be punishable with imprisonment for a term which may extend to seven years, or with fine or with both.

C. Offences under Sections 161-169, 217, 218, 408, 409, 477A and Sections 109, 120(B) & 511 of the Penal Code, 1860 (Act XLV of 1860)

(a) Sec 161: Being or expecting to be a public servant and taking a gratification other than legal remuneration in respect of an official act. Imprisonment of either description for three years, or fine, or both;

(b) Sec 162: Taking a gratification in order by corrupt or illegal means to influence a public servant. Imprisonment of either description for three years, or fine, or both;

(c) Sec 163: Taking a gratification for the exercise of personal influence with a public servant. Simple imprisonment for 1 year or fine, or both;

(d) Sec 164: Abetment by public servant of the offence defined in the last two preceding clauses with reference to himself. Imprisonment of either description for three years, or fine, or both;

(e) Sec 165: Public servant obtaining any valuable thing, without consideration, from a person concerned in any proceeding or business transacted by such public servant. Imprisonment of either description for three years, or fine, or both;

(f) Sec 165A: Abetment of offences under Section 161 and 165. Imprisonment of either description for three years, or fine, or both;

(g) Sec 166: Public servant disobeying a direction of the law with intent to cause injury to any person. Simple imprisonment for one year, or fine, or both;

(h) Sec 167: Public servant framing an incorrect document with intent to cause injury. Imprisonment of either description for three years, or fine, or both;

(i) Sec 168: Public servant unlawfully engaging in trade. Simple imprisonment for one year of fine, or both;a

(j)Sec 169: Public servant unlawfully buying or bidding for property Simple imprisonment for three years, or fine, or both and confiscation of property, if purchased;  

(k) Sec 217: Public servant disobeying a direction of law with intent to save a person from punishment,or property from forfeiture. Imprisonment of either description for two years, or fine, or both;

(l) Sec 218: Public servant framing an incorrect record or writing with intent to save person from punishment, or property from for forfeiture. Imprisonment of either description for three years or fine, or both;

(m) Sec 408: Criminal breach of trust by a clerk or servant. Imprisonment of either description for seven years and fine;

(n) Sec 409: Criminal breach of trust by public servant or by banker, merchant or agent, etc. Imprisonment for life or imprisonment of either description for ten years, and fine,or both;

o) Sec 477A: Falsification of accounts. Imprisonment of either description for seven years, or fine, or both;

(p) Sec 109: Abetment of any offence if the act abetted is committed in consequence, and where no express provision is made for its punishment The same punishment as for the offence abetted;

(q) Sec 120B: Criminal conspiracy to commit an offence punishable with death, transportation or rigorous imprisonment for a term of two years or upwards. The same punishment as that provided for the abetment of the offence, which is the object of the conspiracy.

(r) Sec 511: Attempting to commit an offence punishable with transportation of imprisonment, and in such attempt doing any act towards the commission of the offence. Transportation or imprisonment not exceeding half of the longest term, and of any description provided for the offence, or fine, or both.

D. Offences under the Money Laundering Prevention Ordinance, 2008

1. Section 4: The Offence of Money Laundering and Punishment

(1) For the purpose of this Ordinance, money laundering shall be deemed to be an offence.

(2) Any person who commits or attempts to commit the offence of money laundering or abets or conspires in the commission of such offence shall be punished with imprisonment for a term which may extend to seven years but not less than six months and the money or property derived from the commission of such offence shall also be forfeited to the state.

2. Section 5: Punishment for Violation of Freezing or Attachment Order Any person who contravenes an order of attachment or freezing and account made under this Ordinance shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand taka, or with both.

3. Section 6: Punishment for Divulging of Information

(1) No person shall, for the purpose of frustrating the investigation or making adverse influence over the investigation, divulge any information relating to investigation or other related information to any person, organization or news media.

(2) Every person, organization or agent authorized under this Ordinance during the period of his service or appointment or on the expiry of term of service or contract of appointment shall, except for the purpose of this Ordinance, abstain from using, publishing or divulging information collected, received, retrieved and known to him.

(3) Any person who contrivances the provisions of sub-section (1) and (2), shall be punished with imprisonment for a term, which may extend to two years, or to fine which may extend to ten thousand taka, or with both.

4. Section 7: Punishment for Obstruction or Non-co-operation in Investigation, Failure to Report or Provide Information

(1) Any person who-

(i) Obstructs or refuses to assist the concerned officer engaged in investigation under this Ordinance; or

(ii) Without reasonable ground, refuses to furnish or provide report or information required under this Ordinance shall be deemed to have committed an offence under this Ordinance.

(2) Any person who contravenes the provisions of sub-section (1), shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand taka, or with both.

5. Section 8: Punishment for Providing False Information

(1) Nobody shall knowingly provide false information relating to the source of money or the identity of any account holder or the beneficiary or nominee of the account.

(2) Any person who contravenes the provision of sub-section (1), shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to 50,000 thousand taka, or with both.

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