Section 295A of the Penal Code, 1860 (Bangladesh): Understanding Its Non-Bailable Nature

Section 295A of the Penal Code, 1860 (Bangladesh): Understanding Its Non-Bailable Nature

Introduction

Section 295A of the Penal Code, 1860 (Bangladesh) addresses deliberate acts committed with the intention of outraging religious sentiments. This provision safeguards religious harmony in society by deterring actions that insult religions or belief systems.

Non-Bailable Offense

Under the Second Schedule of the Code of Criminal Procedure (CrPC), offenses described in Section 295A are classified as non-bailable. As such, individuals accused of violating this statute cannot automatically secure bail from courts. Rather, judges maintain discretion to grant bail depending on the severity of the alleged crime, potential for civil unrest, and specifics of each case.

Reasons for Non-Bailable Classification

There are valid reasons why Section 295A delineates a non-bailable offense. Expressions that degrade religious opinions have the prospect of inciting violence and fracturing social cohesion. By disallowing immediate bail, courts can avert further harm and maintain peace in the community. As a serious accusation, the judiciary must carefully review each matter before releasing an accused person, so as to prevent any risk to public order or amity among faith groups.

Conclusion

In summary, Section 295A of the Penal Code, 1860 (Bangladesh) specifies a non-bailable offense since the acts it prohibits could disrupt civic harmony. Requiring judicial consideration for bail protects social tranquility and religious tolerance.

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