Overview
Bangladesh has no HIV-specific criminal law and to date there have been no known HIV prosecutions under general laws.
The 1860 Penal Code contains two provisions which nominally criminalise the spread of ‘diseases dangerous to life’, however the language within these provisions suggest that mere ‘exposure’ is sufficient for prosecution as they require the undertaking of an act ‘likely to spread the infection of any disease dangerous to life’. Section 269 penalises ‘unlawful or negligent’ acts with up to six months’ imprisonment and/or a fine, while section 270 criminalises ‘malignant’ acts with up to two years’ imprisonment and/or a fine.
Although there are also references to transmission of diseases within general provisions on ‘hurt’ (section 319-325 Penal Code), these laws do not explicitly apply to HIV and there is no evidence that they have ever been used to prosecute cases of HIV transmission.
Laws
Penal Code 1860
Section 269. Negligent act likely to spread infection of disease dangerous to life
Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Section 270. Malignant act likely to spread infection of disease dangerous to life
Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Acknowledgements
Our thanks to Australian law firm Hall & Wilcox for their research assistance to confirm current relevant legislation.
