Bangladesh

Last updated on: 3 May 2012

Criminalisation of HIV transmission/exposure

Bangladesh
Whether Specific law enacted: 
No
Number of people prosecuted: 
0
Number of people convicted: 
0
Applicable law: 

Penal Code 1860

Key wording in the law: 

Negligent act, Malignant act

Key Cases: 

None

Discussion: 

Penal Code 1860 (s 269) Negligent act likely to spread infection of disease dangerous to life- Whoever unlawfully or negligently does any act which is, and which and which he knows or has reason to believe to be, likely to spread the risk of any disease dangerous to life, shall be punished with imprisonment of a term of up to six months and/or fine.

Penal Code 1860 (s 270) Malignant act likely to spread infection of disease dangerous to life- An individual who malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment with a maximum sentence of two years and/or fine. 

To our knowledge, there have been no prosecutions or convictions for the transmission of HIV occuring under this law.

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

There are no specific entry regulations for people with HIV/AIDS in Bangladesh (information provided by the Embassy's Attorney of confidence). Neither a medical certificate nor an HIV test result is requested. This also applies to long-term residents.

It is possible however, that foreigners with HIV/AIDS are deported if the competent authorities find out about their condition.

The Government of Bangladesh has no written policy regarding the entry of individuals with HIV/AIDS. However, according to anecdotal reports, some HIV/AIDS entry restrictions may exist for visitors to and foreign residents of Bangladesh. The Government of Bangladesh has informed the Embassy that a health officer or immigration officer at the airport who has concerns about an individual's possible HIV/AIDS status will make a case-specific determination regarding that individual's entry.

Bangladesh has no legal entry or residency restrictions on HIV/AIDS.

For updated information, please go to: www.hivrestrictions.org

Laws relating to same sex, sexual relations: 

Male to Male relationships: Not Legal

Punishments for male to male relationships: Imprisonment of 10 years or more

Female to Female Relationships: Not Legal

Marriage and Substitutes for Marriage: No law

For updated information, please go to: http://ilga.org

Laws relating to injecting drug use: 

Yes

Protective laws and policies for people living with HIV: 

No