Bangladesh
New Law New law passed: Victim's past sexual behavior cannot be questioned
Own Correspondent, Dhaka, Nov 4: The new law related to rape or attempted rape has been passed in the National Parliament. According to the new law passed, the victim cannot be questioned about character and past sexual behavior during cross-examination in rape or attempted rape cases without the court's permission.
This section was added by amending the Evidence Act during the British period. In the new law, there is an opportunity to present various digital data as evidence in the trial.
On Thursday (October 3) night, the 'Evidence Act 1872 (Amendment) Bill-2022' was passed in the National Parliament. Law Minister Anisul Haque took up the bill in Parliament for passage. The Speaker sent the public opinion on the Bill to the Scrutiny Committee and settled the amendment proposals.
The passing of the amendment will repeal the existing Section 155(4) of the Evidence Act. The section states, "When a person is accused of rape or attempted molestation, it may be shown that the complainant is a prostitute in general." Human rights activists and lawyers have long demanded that this colonial law, which is in conflict with the constitution, be amended.
Meanwhile, in the parliament session, most members of the opposition, including the BNP, praised the amendment of the law. However, Rumin Farhana, Member of Parliament of BNP's reserved women's seat, fears that some of its clauses may be used to attack political opponents.
The new provision on cross-examination in the bill states that the victim of a rape or attempted rape case cannot be questioned about his moral character or past sexual behavior. If the Court deems it necessary in the interests of justice to ask such questions, it can be done only with the permission of the Court. Besides, by amending various sections of the Evidence Act and adding new sections, an opportunity has also been created to present digital evidence in the trial of the case.
It has been said, that no one can present false or forged evidence through digital means, if the court feels that there is anything objectionable or if someone raises objection, then the forensic examination of that evidence can be done.
