The Cabinet has granted policy-making and final approval to the draft "Enforced Disappearance Prevention and Remedy Act, 2026." The draft provides for life imprisonment and financial fines for the crime of enforced disappearance.

Furthermore, it includes provisions for the death penalty or life imprisonment, along with a maximum fine of 10 million Taka, in cases where an enforced disappearance results in death, the body is recovered, or the individual cannot be rescued alive or dead even after the lapse of five years.

This approval was given on Monday afternoon (August 3) at the 15th cabinet meeting held in the Cabinet Division conference room at the Bangladesh Secretariat, chaired by Prime Minister Tarique Rahman.

These details were disclosed in a press release issued after the meeting.

This new law is being formulated with the objective of establishing human rights, human dignity, personal freedom, and the rule of law.

It will establish an integrated legal framework to prevent enforced disappearances, prosecute responsible individuals, trace missing persons, and ensure the rights, compensation, and rehabilitation of victims and their families.

Maximum Penalty of Death
The "Enforced Disappearance Prevention and Remedy Act, 2026" generally stipulates a maximum sentence of life imprisonment and fines for the crime of disappearance.

However, the death penalty or life imprisonment will be imposed if the disappearance results in death, the body is recovered, or the individual cannot be found alive or dead after five years have passed.

Additionally, a provision for a maximum fine of 10 million Taka has been incorporated.

Investigation in 120 Days, Trial in 120 Days
The law emphasizes the prompt completion of investigation and judicial proceedings. It includes provisions to complete investigations within a maximum of 120 days and subsequent trials within the next 120 days.

The law also incorporates provisions for issuing search warrants through courts to rescue missing persons, trials in absentia of the accused, and the admissibility of digital evidence.

Family Rights and Compensation
Groundbreaking measures have been included in the law to protect the rights of the families of disappearance victims.

The right of victims to know the progress of investigations, the true facts of the incident, and the location or fate of the missing person has been recognized.

A compensation fund will be established for their government legal assistance, medical treatment, and rehabilitation.

Arrangements have been made to exact compensation from the convicted person's property; if that is not possible, a provision for state-funded compensation has been added.

Disappearance Certificate and Property Distribution
According to the law, permission may be granted to use the property of the missing person to maintain the livelihood and necessary expenses of their spouse and dependent family members.

If no trace is found after five years, a "Disappearance Certificate" will be issued to distribute the property among the legal heirs.

Additionally, the new law provides for the confidentiality and security of witnesses, complainants, informants, and victims.

Provisions for maintaining a central database and international cooperation regarding disappearances have also been integrated into the legislation.