Dhaka High Court: Children cannot be jailed for more than 10 years

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DHAKA, 5 March, 2021 (TON): The children cannot be imprisoned for more than 10 years regardless of the crimes they have committed, the High Court ruled out.

In a verdict the court said, that a child’s statement cannot be considered evidence.

The 64 page copy of the verdict was recently published.

Dhaka’s Speedy Trial Tribunal-4 sentenced some people to death in a murder case under the Women and Children Repression Prevention Act in 2011.

A juvenile court sentenced a child to 10 years in prison in the same case.

However, the verdict was challenged at the High Court later.

At the hearing appeal, a panel of two judges found the child’s confessional statement was recorded under Section 164 of the Code of Criminal Procedure or CrPC, which can be used as evidence in trial.

As questions were raised over child’s statement’s recording, the judges forwarded the case to the chief justice.  

The chief justice on Oct 2, 2018 formed the larger bench of three judges who overturned the child’s sentence.

The verdict said recording statement of a child is contradictory to the juvenile justice system.

Therefore, a child’s confessional statement cannot be used as the basis of their conviction, according to the ruling. 

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