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What is the punishment for abortion? How to take refuge in the law?
There are two ways through which a victim can file a case regarding illegal abortion or unusual crime. Such cases can be filed either in the Court or Police Station.
In cases of filing a case in the court, the victim must go to a lawyer. After showing all the relevant documents and evidences relating to the crime to a lawyer, the victim must know the cost of the case. After appointing a lawyer, the victim may proceed with the filing of the case in order to seek protection and compensation. For filing the case, a lawyer must review all the documents and evidences provided by the victim and lodge a complaint. The said case can also be filed in the form of CR or petition in the court of the nearest Chief Judicial Magistrate or Chief Metropolitan Magistrate Court. After taking cognizance of the case, the magistrate will then issue summons or arrest warrant directly to the accused with his statement in accordance with Section 200 of Code of Criminal Procedure, 1898. However, in some cases, the magistrate may direct the police to investigate the case and if the investigation report is found to be true, then the court will issue summons and arrest warrant directly.
Regarding illegal abortions, the victim must file a case as a statement to the nearest police station. If the case is accepted by the police, a duty officer will appoint an investigating officer who is authorized to arrest the accused and produce him before the court.
Furthermore, a victim can seek redress through the Domestic Violence (Prevention and Protection) Act, 2010. As per this law, the victim is required to file an application to the nearest magistrate court for both protection and compensation. Based on the hearing of the case, the court shall order family protection and compensation. If the accused violates the court’s order, the victim can then make an appeal to the court separately under Section 30 of the said act. After the evidences is proved against the violators of the protection order, the court can impose punishment of imprisonment for six months or fine of taka 10,000 or both.