Published: 11:39 PM, 26 July 2026
Section 9B of Nari O Shishu Nirjaton Daman Ain: Safeguarding Women or Undermining Equality and Due Process?
Sadman Bin Islam Prangon
Nari O Shishu Nirjaton Daman Ain 2000 has been enacted to protect the rights of both children and women. For example, some sections of the Penal Code 1860 didn’t clearly explain how justice would be established or how children or women would secure their own rights in the justice system. In that sense, Nari O Shishu Nirjaton Daman Ain 2000 was established.
Harsher Punishments, But at What Cost?
In terms of Penal Code 1860, section 375, which is basically “rape”, defines it through five major elements, like against her will, without her consent, consent present but putting her in fear, then, consent present and the man knows that he is not her husband, and the woman thinks that they were lawfully married and, lastly, under fourteen years of age. So, for this crime, the Penal Code 1860, section 376 says about the punishment of rape cases, like life imprisonment or imprisonment for a maximum of 10 years and a fine, but in terms of Nari O Shishu Nirjaton Daman Ain 2000, the severest punishment under section 9 says Death sentence or life imprisonment, etc.
Though life imprisonment and death sentence is generally supposed to be the highest punishments among all the punishments. Besides, Nari O Shishu Nirjaton Daman Ain 2000, additionally, included the maximum fine amount for rape cases; on the other hand, Penal Code 1860 says only a fine is mandatory, but the exact amount is not included.
But one thing that Nari O Shishu Nirjaton Daman Ain 2000 discriminated against both men or women, that is section 9B. The law was officially added via an ordinance in 2025, later it was codified under the Nari O Shishu Nirjaton Daman (Amendment) Act, 2026. According to this section, it says about the punishment for sexual Intercourse by inducement of marriage. Additionally, specified that there has to be an existed relationship of trust between them, and having sexual intercourse without physical force before marriage, then again, women above 16 years old will be counted as rape.
Section 9B: A Weapon Disguised as Protection
For instance, something happens between two persons, and if one person has no relationship to another person, then, before breaking the relationship, they were engaged in sexual intercourse having consent from both sides, now when one person doesn’t want to continue this relationship and as a result, the other one wants to continue it, so, he/she may tries to blackmail about the sex which they had and blackmailing to give case through this section or through different types of objects. Now the situation might be different for each other, even though the main concept was right, but using it as their own benefit. Before sexual intercourse, having consent from both sides will not be counted as rape. So, as a special law, this law should be neutral to both men and women.
Though the main conception to reduce the injustice happening to women cheating or are fraudulent with them, on this conception, the law was made, but it can also be a weapon as well to protect themselves to do a crime, and the legislative should also know that.
Building Safeguards: How to Stop Weaponization of Section 9B
To solve this issue, from both sides, the law should be neutral so that if a woman tries to humiliate or blackmail a man, then this law will not be enforceable in that particular situation. Because there is a case called “Manwar Malik v. The State (2009) 17 BLT 25”, in this case, the court socially condemnable act but not a criminal offence of rape if consent was present, then again, the court says it’s only a breach of promise, and it does not automatically convert consensual sex into rape.
Same as “Zitu Ahsan Alias Apon Vs. State 2007, 36 CLC (HCD), Page 28”, in this case, the court acquitted the accused, noting no signs of resistance or violence, and evidence showed a marriage or consensual relationship. Medical evidence and witness statements supported consensual intercourse, so it did not meet the ingredients of rape under Section 9(1) of Nari O Shishu Nirjaton Daman Ain 2000.
To conclude, as Article 27 of our Constitution says, “equality before the law”, therefore, Nari O Shishu Nirjaton Daman Ain 2000, section 9B should be changed. The law gives us the right to be equal in every sector, even if it is a crime, so that the real guilty person can receive the punishment and the other person can prove himself innocent.
Sadman Bin Islam Prangon studies Law
in North South University, Dhaka.
