Single view

Bangladesh

Author's note

This section replaced a previously relevant section in the Prevention of Corruption Act of 1947, Section 5(1).

The categorisation of this law is somewhat blurred, and depends on the interpretation of the requirement that there are ‘reasonable grounds to believe that a person…has obtained ownership of moveable or immoveable property through dishonest means’. This publication assumes ‘dishonest’ means ‘illegal’.


Unofficial translation (source)

27 Possession of property in excess of known sources of income

(1) 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 immoveable 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 term ranging from a minimum of three years to a maximum of 10 years imprisonment, and these properties shall be confiscated.

(2) If it is proved during the trial of charges under Subsection (1) that the accused person in his own name or any other person on his/her behalf has obtained ownership or is in possession of moveable or immoveable property not consistent with the known sources of his/her income then the court shall presume that the accused person is guilty of the charges and unless the person rebuts that presumption in court the punishment meted out on the basis of this presumption shall not be unlawful. 


Type: Qualified Criminal Illicit Enrichment Laws

Last update on LEARN: Monday, 19 April 2021, 4:38 PM