08/07/2019
Official Secrets Act, 1923 (Act No. XIX of 1923).
Power to arrest
12. Notwithstanding anything in the Code of Criminal Procedure, 1898,
14[ * * *]
(b) an offence under this Act, other than an offence punishable with
imprisonment fro a term which may extend to fourteen years, shall be
a cognizable and bailable offence; and
(c) any member of the armed forces of Bangladesh may, without an
order from a Magistrate and without a warrant, arrest, in or in the
vicinity of a prohibited place, any person who has been concerned in
an Offence under section 3, or under section 3 read with section 9, or
under clause (a) or clause (b) of subsection (1) of section 5, or under
clause (a) of subsection (1) of section 6, or against whom a
reasonable complaint has been made or credible information has been
received, or a reasonable suspicion exists of his having been so
concerned, and shall without unnecessary delay take or send the
person arrested before a Magistrate having Jurisdiction in the case or
before an officer in charge of a policestation, and thereupon the
provisions of the said Code applicable in respect of a person who,
having been arrested without warrant, has been taken or sent before a
Magistrate or before an officer in charge or a policestation shall apply
to him.
Restriction on trial
13.(1) No Court (other than that of a Magistrate of the first class
specially empowered in this behalf by the Government which is inferior
to that of a District Magistrate shall try any offence under this Act.
of offences
(2) If any person under trial before a Magistrate for an offence under
this Act at any time before a charge is framed claims to be tried by
the Court of Session, the Magistrate shall, if he does not discharge the
accused, commit the case for trial by that Court, notwithstanding that
it is not a case exclusively triable by that Court.
(3) No Court shall take cognizance of any offence under this Act unless
upon complaint made by order of, or under authority from, the
Government or some officer empowered by the Government in this
behalf:
Provided that a person charged with such an offence may be arrested,
or a warrant for his arrest may be issued an executed, and any such
person may be remanded in custody or on bail, notwithstanding that
such complaint has not been made, but no further or other proceedings
shall be taken until such complaint has been made.
(4) For the purposes of the trial of a person for an offence under this
Act the offence may be deemed to have been committed either at the
place in which the same actually was committed or at any place in
Bangladesh in which the offender may be found.
(5) [Omitted by Article 2 and Schedule of the Central Adaptation of
Laws Order, 1964.]
(6) The Government may, if it thinks fit, by general or special order
direct that the procedure for the trial of an offence under section 3, or
under section 3 read with section 9, or under clause (a) or clause (b)
of subsection (1) of section 5, or under clause (a) of subsection (1)
of section 6 shall be that prescribed for offences under the Enemy
Agents Ordinance, 1943, or under the 15[ * * *] Criminal Law
Amendment Act, 1958.
bdlaws.minlaw.gov.bd/print_sections_all.php?id=132
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