Rape Prosecutions in Bangladesh Evidentiary Challenges, Victim Protection and Fair Trial Concerns

ABSTRACT: Rape is one of the most serious forms of sexual violence and presents distinctive 
challenges for criminal justice systems because the offence frequently occurs in private, may 
leave limited physical evidence, and often depends substantially upon the testimony of the 
complainant and the proper collection and interpretation of corroborative evidence. In 
Bangladesh, the legal framework governing rape prosecutions is principally contained in the 
Penal Code 1860, the Evidence Act 1872, the Nari-O-Shishu Nirjatan Daman Ain 2000, the 
Code of Criminal Procedure 1898 and the Constitution of the People's Republic of Bangladesh. 
Section 9 of the Nari-O-Shishu Nirjatan Daman Ain 2000 provides the principal statutory 
framework for punishment of rape, while specialised tribunals are responsible for trying 
offences under the Act. The legal framework has undergone significant amendments, including 
the Evidence (Amendment) Act 2022 and the Nari-O-Shishu Nirjatan Daman (Amendment) Act 
2026. This article examines the principal evidentiary challenges affecting rape prosecutions in 
Bangladesh, with particular attention to victim testimony, medical and forensic evidence, DNA 
evidence, delay in reporting and medical examination, hostile witnesses, inconsistencies in 
statements, digital evidence and the historical use of character evidence. The 2022 amendment 
to section 146 of the Evidence Act introduced an important restriction on cross-examination 
concerning a rape victim's general immoral character or previous sexual behaviour, while 
repealing section 155(4), which had expressly permitted attacks on the complainant's character. 
Nevertheless, the continuing judicial discretion under section 146 raises questions concerning 
the practical scope of this protection. The article further examines victim protection. Section 14 
of the Nari-O-Shishu Nirjatan Daman Ain restricts publication of information capable of 
revealing the identity of victims, including through online and social-media platforms. Section 
31 permits protective custody in appropriate circumstances, while the 2025 amendments
introduced section 32B, enabling tribunals or magistrates to order protection for complainants, 
victims and witnesses and to provide reasonable travel and time compensation to witnesses. The 
2026 amendment also strengthened the statutory framework concerning medical examinations 
and DNA testing. At the same time, rape prosecutions must comply with fair-trial guarantees. 
Article 35(3) of the Constitution guarantees an accused person the right to a speedy and public 
trial by an independent and impartial court or tribunal established by law. The prosecution 
therefore carries the responsibility of proving the charge according to law, while the accused 
retains procedural rights necessary for an impartial adjudication. The challenge is consequently 
to develop a system that protects complainants from intimidation, humiliation and secondary 
victimisation without compromising the accused's right to challenge prosecution evidence. 
Using a qualitative doctrinal methodology supplemented by socio-legal and comparative 
analysis, this article argues that effective rape prosecution requires a balanced evidentiary 
framework. Medical evidence should assist rather than replace judicial assessment of the 
complainant's testimony; forensic and digital evidence should be collected according to reliable 
procedures; cross-examination should remain meaningful but should not become a vehicle for 
irrelevant character attacks; victim and witness protection should be operational rather than 
merely declaratory; and trial procedures should be sufficiently expeditious while preserving the 
accused's constitutional guarantees. The article proposes reforms concerning forensic capacity, 
evidence preservation, judicial guidelines, victim-sensitive procedures, witness protection, 
digital evidence, prosecutorial practice and case management.