Article 35 Protections in criminal trial and punishment
Protection in respect of trial and punishment
These guarantees protect anyone caught up in the criminal justice system, from a fair and timely trial to freedom from torture in custody.
Police question a suspect. Under Article 35(4), the suspect cannot be compelled to be a witness against themselves, and under clause (5) torture or degrading treatment to extract a confession is forbidden. A confession obtained by force can be challenged at trial.
The accused is entitled to a speedy and public trial by an independent and impartial court established by law. Long delays and secret proceedings undermine this right and can be challenged. Delay can itself be a ground for seeking relief from the courts.
The court can only convict for breaking a law in force when the act was done, and cannot impose a heavier or different penalty than was available at that time. Article 47(3) creates an exception for international crimes.
Once convicted or acquitted and punished for an offence, the person cannot be prosecuted and punished again for the same offence. Article 35(2) protects against double jeopardy. This prevents the State from repeatedly prosecuting someone for one act.
In plain English
How Article 35 works
Article 35 sets out core protections for anyone accused of a crime. Nobody can be convicted for an act that was not an offence when it was done, or given a heavier punishment than the law allowed at that time. Nobody can be prosecuted and punished twice for the same offence. Every accused person has the right to a speedy and public trial by an independent and impartial court or tribunal established by law. No accused can be forced to be a witness against themselves. Torture and cruel, inhuman or degrading punishment or treatment are forbidden. Clause (6) saves existing laws prescribing punishments or trial procedures from challenge under the speedy trial and torture clauses.
In practice
Article 35(5) is given effect by the Torture and Custodial Death (Prevention) Act 2013. In Bangladesh v BLAST (2016) the Appellate Division upheld guidelines on remand and interrogation to prevent abuse in custody. Clause (6) means older laws on punishment and trial procedure cannot be challenged under clauses (3) and (5). Under Article 47A, the protections in clauses (1) and (3) do not apply to persons tried under laws protected by Article 47(3), such as the International Crimes (Tribunals) Act 1973. On 17 November 2025, International Crimes Tribunal-1 sentenced former Prime Minister Sheikh Hasina to death in absentia under that Act, as reported.
The text
What Article 35 says
35. (1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than, or different from, that which might have been inflicted under the law in force at the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) Every person accused of a criminal offence shall have the right to a speedy and public trial by an independent and impartial Court or tribunal established by law.
(4) No person accused of any offence shall be compelled to be a witness against himself.
(5) No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment.
(6) Nothing in clause (3) or clause (5) shall affect the operation of any existing law which prescribes any punishment or procedure for trial.
English text as published on the official Laws of Bangladesh website. Where a court has changed the position, the status note above explains it.
Landmark cases
How the courts have read it
Appellate Division · 2016
Bangladesh v Bangladesh Legal Aid and Services Trust (BLAST)
8 SCOB [2016] AD 1
Upheld, with modifications, the High Court Division directions on arrest without warrant under section 54 and remand under section 167 of the Code of Criminal Procedure, holding that terrorism is no "blank cheque" to override fundamental rights.
Case summaries are short descriptions for orientation, not a substitute for the judgment.
Connected provisions
Related articles
Questions
Article 35: frequently asked questions
What is Article 35 of the Constitution of Bangladesh?
Article 35 protects people in criminal trials. It bars retrospective offences and penalties, double jeopardy and compelled self-incrimination, guarantees a speedy and public trial by an independent court, and prohibits torture and cruel, inhuman or degrading treatment.
Is torture banned by the Constitution of Bangladesh?
Yes. Article 35(5) states that no person shall be subjected to torture or to cruel, inhuman or degrading punishment or treatment. The Torture and Custodial Death (Prevention) Act 2013 makes torture by public officials a criminal offence.
Does Article 35 apply to International Crimes Tribunal trials?
Partly. Article 47A says clauses (1) and (3) of Article 35, on retrospective laws and a speedy public trial, do not apply to persons covered by laws protected under Article 47(3). Other clauses, such as the ban on torture, are not excluded.
Sources
- Laws of Bangladesh: The Constitution, Article 35
- Supreme Court of Bangladesh: Bangladesh v BLAST, 8 SCOB [2016] AD 1
- Dhaka Tribune: Attorney General on the ICT-1 verdict (17 November 2025)
This guide explains the Constitution for general understanding. It is not legal advice. Constitutional reform proposals under discussion in 2026 are described as proposals until enacted.
Constitutional and writ practice
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