DEPARTMENT OF LAW AND HUMAN RIGHTS

LAW OF CRIMINAL PROCEDURE

COURSE CODE: LAW 308

ASSIGNMENT TOPIC
STAGES, FORMALITIES AND TEN
TECHNICAL WORDS OF A CRIMINAL CASE
IN BANGLADESH

SUBMITTED TO: MD. ABDUR RAHIM (SIR)

SUBMITTED BY: ASMITA HOSSAIN

REG NO: 18211033
 Table of Contents
Name Contents Page
number
Al-Rafiu Jahid Technical Terms (First Five) 2
(18211032)

Abdullah Al Mahmud Technical Terms (Second Five) 3

Hassan (18211020)

Md. Nazmul Hossain Stages of criminal Cases and 4-6

Sefat(18211041) Formalities of pre-trial stage in a GR
case

Rabia Akhter Formalities of pre-trial stage in a CR 6-9

(17211018) case

Fahim Shahriar Formalities of Trial Stage in criminal 9-10

18211040 case (Magistrate Court)

Asmita Hossain Formalities of trial stage in criminal 10-13

18211033 case (Session Court) and post-trial
stage

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 Stages, Formalities and Ten technical
words of a criminal case in Bangladesh
There are several technical terms that are widely used in criminal cases. These are-
1. Court and Tribunal:
1) Tribunals mean the body of members who are elected to settle the
controversies arising under certain special matters. On the other hand, court is
understood as the judicial institution which is established by the constitution
to administer justice, by legislation.
2) The decision given by the tribunals on a particular matter is known as the
award. As against this, the court’s decision is known as judgement, decree,
conviction or acquittal.
3) While tribunals are formed to deal with specific matters, courts deal with all
types of cases.

Example: The Session Judge court. On the other hand, Labour Appellate
Tribunal in Bangladesh is the example of tribunal.

2. Prosecution who files the case: Prosecutor is the person whose rights are violated
by the another person. In a criminal case, normally state is known as prosecution.

3. Defence: Criminal law has also gives a right to the Accused to explain himself and
said about the crime why he Committed the crime and he has an opportunity to
explain himself. This is known as defence.

4. Complainant: Complainant is someone who makes complaint before the court.

5. Accused: When a person has been arrested for or formally charged with a crime is
known as an accused. The accused person may also be called the defendant. The
accused person is not criminal. It depends on the decision of the court. If the
prosecution can prove beyond reasonable doubt that he commits the crime, then the
court can declare him criminal otherwise not.

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 Example: X has arrested in Charge of Y Murder but X said that he was not
committed this Because he was in his College but police arrest him in charge of
accusation. He is guilty or not it depends on the decision of the court. Nobody can
call him guilty until the court declared him as a guilty.

6. Witness: A witness is someone who appears in a court of law to say what they know
about a crime or other event. The statement of witness is very important to ensure the
Justice. It helps the judge to ensure proper justice.

Example: A saw that B aggressively on C house and broke his house and C made an
complainant to police station But police and C don’t know who done this stupid
things. In this case Mr. A can be an appropriate witness.

7. Evidence: The statement of witness is called Evidence. There are two kinds of
evidence. Those are oral evidence and documentary evidence. Documentary
evidence is more effective than the oral Evidence. Evidence is the information which
is used in a court of law to prove something. Evidence is collect from documents,
object or witnesses.
8. FINAL REPORT :It is prepared by the investigating officer. If it appears to
the police officer while making the investigation that there is no sufficient
evidence or reasonable ground of suspicion to justify the forwarding of the
accused to a competent Magistrate, he must give a clear statement of the case
in the police report together with the reasons for not sending up any person
for trial.

9. Bail: The basic conception of the word Bail is a release of a person from the
custody and delivery into the hands of sureties who undertakes to produce him
before the court whenever required to do so.
10. Post mortem: Post mortem is an examination of a dead body to determine the
cause of death.

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 Formalities and different stages of
criminal case in Bangladesh
A criminal case may be filed into two ways, such as-
1) Through Police Station: This is also known as General register case (GR).
This case is lodged on basis of an information of cognizable offence to the
police station Under Section 154 of the Code of Criminal Procedure, 1898.
2) Through Court: This case is filed on the basis of a Complainant, it is called
Complaint Case and such a case is registered in the Complaint Register and
for this reason such case is also known as Complaint Register Case (CR Case).

Additionally, most of the criminal cases pass three stages in its whole life from the
case filing to declaring sentences. In a word, it can be said that there are three stages
of a criminal case. These are-
A) Pre-trial stage: This is the first stage of a criminal case. It is also known as
Pre-proceeding stage or investigation stage.
B) Trial Stage: Trial stage is crucial for an accused person. Because, in this stage
it will be determined whether the accused is innocent or guilty. After finishing
the stage, the accused will be free or will be sent into the jail
C) Post-Trial Stage: After declaring the decision of the trial stage, the aggrieved
party may go to this stage to fulfill their demand.

Formalities of Pre-trial stage in a GR case

● Filing Ezhar: It means reporting the crime to a police station. The first step
in a criminal case is to file an Ejahar. It has to be filed in the police station
where the crime is committed. Any person can file Ezhar by using any means.
The Officer in Charge will note down it on the prescribed manner.
Example: For example, a person was robbed while walking on the road and

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 somehow escaped. Without any delay, he went to the police station and
reported it in a paper. It will be considered as Ezhar.
● General Diary (GD): If the reported offence is not grievous in nature then it
will be noted as General diary and it will be further investigated. It may take
long time. GD may be converted in FIR after finishing the investigation.
● First Information Report (F.I.R): If the offence reported in the Ezhar is
grievous in nature then it will be noted in a Government form. This is known
as F.I.R. After filling the FIR, the investigation will be started promptly. This
is the main difference between the GD and FIR.
● Visiting the spot and arrest and surathal report: After completing the FIR
the officer will go to the spot instantly and arrest the persons whose name have
been included in the FIR. If the offence is committing a murder, then a report
of the dead body will be prepared by the officer. This is known as Surathal
Report.
● Report to Magistrate: After preparing the report, the sub inspector will bring
the arrested person before the magistrate within 24 hours. This magistrate is
called Cognizance magistrate or ‘amoli adalot’ and this process is termed as
‘Chalan’
● Bail/ Remand/ send to jail: When the accused is presented before the
cognizance magistrate, the learned advocate on behalf of the accused will pray
for the bail, on the contrary the Court Sub-Inspector or Investigating officer
will pray for remand (maximum 7 days). The decision is depended on the
Magistrate. He may grant bail or remand or give order to send him the jail. If
the accused is sent to the jail, then he will be known as ‘Hajoti’
● Investigation: The process is a progression of activities or steps moving from
evidence gathering tasks, to information analysis, to theory development and
validation, to forming reasonable ground to believe. Investigating officer will
complete the investigation in prescribed manner.
● Evidence collection: basically, evidence collection is completed in the
investigation stages. All types of evidence are collected by the IO.
● Statement under 161 of the CrPC, 1989: If any person who is an eye witness
of the offence is interested to give statement voluntarily then the IO may

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 collect that statement in a prescribed manner.
● Confessional Statement under 164 of the CrPC, 1989: The accused person
may willingly agree to give confessional statement. Then he will be presented
before the Cognizance Magistarte. The Magistrate will notify him that, this
statement will be presented against him in the trial stage and after that if the
accused wants to do so then the magistrate will write down the statement in a
prescribed manner.
● Submission of police report: When the investigation is completed then it will
be sent to the magistrate as a report. It will be sent wither in the form of charge
sheet or final report. If the accused is found guilty then police will submit a
Charge Sheet otherwise final report. If final report is denied by the victim,
then he may file a petition named ‘Narazi Petition’ and investigation will be
started again.
● Taking cognizance by the Magistrate: After submitting the final report the
magistrate will take cognizance. If any person relating to the offence is missed
in the FIR but is found relevancy with the offence in the investigation, he will
be included.
● Issuance of Summons or warrant: The magistrate may issue warrant or
summon. It depends on the severity of the offence. If the offence is Grievious
such as Murder, then he may issue warrant. Otherwise he may issue
Summons.
● Transfer the case to the Trial Court: This is the last stage of trail
proceeding. In which courts the case will be transferred are discussed in the
second schedule of the CrPC, 1898. The transferring file incudes, Ezhar, FIR,
Statement under 161, Confessional Satement under 164, Medial report, Surat
Hal report (if murdered), post mortem report and charge sheet.

Formalities of pre-trial stage in a CR case

➢ Complaint Register Case (CR CASE): When a case is initiated on the basis
of a complainant, it is called complaint case and such a case is registered in

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 the complaint register and for this reason such a case is known as (CR CASE)

The Judicial Magistrate takes cognizance in a CR case under section 190 CODE OF
CRIMINAL PROCEDURE,1898.

➢ CR CASE (In details):

1) Filing complaint to the magistrate: the victim may direct file a complaint
before the magistrate if the police officer denies to take it.

2) Primary examination of the parties/documents and witness: The

magistrate will examine the complaint and the documents.

3) If necessary sending it to the police station to investigate: If the magistrate

think that, it needs proper investigation then he may send it to the police
station for gathering more details regarding the offence.

4) May send to any person for investigation: If the aggrieved person wants,
the police will not investigate. Then the magistrate may conduct an
investigation by another person. Example teachers, social worker or judicial
magistrate.

5) May do judicial inquiry: he may do the investigation by himself or by his

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 junior officer. This is known as judicial inquiry.

6) If the magistrate needs further investigation, then he may be investigating.

If the aggrieved person wants, the police will not investigate. Then the
magistrate may conduct an investigation by another person. Example teachers,
social worker or judicial magistrate.

7) Acceptance of the complaint or investigation report: If the magistrate

thinks fit then he may accept the complaint or investigation report without
ordering further investigation.

8) Sending summons or warrant to the accused: After that, the magistrate may
issue summons or warrants. It depends on the severity of the offence.

Summon: Police show paper to the accused and there will be a date to attend.

Warrant: police - arrest (with the permission from the court)- Accused

❖ CR CASE at a glance:

➢ Filing complaint to the magistrate

⮚ Primary examination of the parties or document and witness

⮚ If necessary sending to the police station to investigate

⮚ May send to any person for investigation

⮚ May do judicial enquiry

⮚ Acceptance of the complaint or investigation reports

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 ⮚ Sending summons or warrant to the accused

⮚ Transfer it to the trial court

Example: B is a political leader and murdered his opposition named B. C is the

brother of B. C went to the police station but the officer did not take it. Then C
directly went to the magistrate and filed a complaint against B. Now CR case has
been started.

Trial Stage of a criminal case

A trial is the 2nd stage of criminal proceedings. It means a process of determining

the guilt or innocence of a person before the competent court. A trial may be held by
two competent court as per the gravity of the offence.

1. By Magistrate Court
2. By Sessions Judge Court

● By Magistrate Court:
⮚ Charge hearing: This is the first stage of trial proceeding. In this stage the.
The learned counsel of the both parties will be notified for this hearing. The
counsel on behalf of the Accused will try to discharge him from the charge.
The court may discharge him or may frame charges.
⮚ Framing of charge: A charge is framed by the trial court on the basis of
charge sheet which was made by the investigating officer. Then the charge
will be read out to the accused so that he can be prepared for the defence.

⮚ Confession and conviction: In this stage the trial court will ask the accused
whether he or she will give the confessional statement which was already

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 given by him under section 164 of the CrPC. If the accused give the
confessional statement, then he will be convicted by the trial court. But if he
does not confess the crime then the trial court will ask for the witness.

⮚ Hearing evidence: In this step, the witnesses are kept before the court to hear
the statement of the crime who are already give oral statement under section
161 of the CrPC. Then the investigating officer will present medical report
and other evidences.

⮚ Acquittal: If the court found that some evidences provided by the prosecution
are wrong or the evidences do not prove the accused guilty then the accused
will get acquittal by the court.

⮚ Examination of the accused: If the prosecution able to prove that the accused
is guilty or the court gets any clue by which the accused may be guilty then
the court will ask the accused to provide evidence and prove him not guilty.
Then the accused may raise the plea of alibi and provide all the evidences that
the crime is not committed by him.
⮚ Acquittal: If the court is satisfied with the evidences provided by the accused
then the court will give acquittal to the accused.

⮚ Conviction and sentence: At last, if the accused does not prove himself not
guilty then at first the court will convict the accused. Then on the basis of that
conviction, the court will give sentence to the accused.

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 TRIAL BY COURT OF SESSION

If the offence is grievous then it will be trialed by the session court and it takes
more time than the magistrate court to reach the finishing line of a case.
1. Charge hearing: This is the first stage of trial proceeding in session court.
Both parties will be informed for hearing of charge. The Court, on considering
the documents and records of the case, and hearing the prosecution and the
accused on the matter, shall discharge the accused if the Judge thinks that
there is no sufficient ground to proceed against the accused.

2. Framing of charge: Basically, charge is farmed on the basis of the charge

sheet prepared by the Investigating officer. The Judge after considering the
records of the case and the documents submitted along with it in evidence and
hearing the prosecution and the defense, he thinks that there is a ground to
presume that the accused has committed the offence and is exclusively triable
by the Court of Session, he will frame a charge against the accused.

3. Confession and conviction: In this stage the trial court will ask the accused
whether he or she will give the confessional statement which was already
given by him under section 164 of the CrPC. If the accused give the
confessional statement, then he will be convicted by the trial court. But if he
does not confess the crime then the trial court will ask for the witness.

4. Hearing Evidence of prosecution: All the evidences must be taken in the

presence of the accused or in his absence in the presence of his pleader during
the course of a trial or proceeding.

5. Acquittal: If the Prosecutor fails to prove the offence against the accused
beyond reasonable doubt then the court may give him acquittal order.
Otherwise if the prosecutor can prove successfully then the court may grant
examination of the accused

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6. Examination of the accused/defence/safai evidence: When the date is so
fixed The Judge will proceed to take all the evidence that may be produced by
the prosecution in his support. The Judge has the discretion to permit cross-
examination of any witness to be deferred until the other witness or witnesses
have been examined or recall any witness for further cross-examination. Plea
of alibi can be applied here. The examination in chief means, The Examination
of a witness by a party who calls him. Examination in Chief is the first
examination after the witness has been affirmed. The examination of a witness
by the adverse party shall be called his cross-examination. The examination
of a witness, subsequent to the cross-examination by the party who called him,
shall be called his re-examination.

7. Argument of the learned counsels: After completing all examinations then

the session judge will hear from the both counsels. In this stage, there is a
slight chance to make the accused innocent.

8. Acquittal: In this stage, the court may grant acquittal order on the basis of
strong argument of the learned counsel on behalf of the accused. An accused
may be acquitted if there is no evidence against him that he has committed the
offence.

9. Conviction and sentence: If the prosecutor successfully proves the offence

against the accused beyond reasonable doubt then the court will firstly convict
the accused and then the punishment will be declared according to law.

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 POST-TRIAL STAGE

A post-trial proceeding takes place after the court’s decision where a person moves
to a higher court stating that the decision given by the lower court was unfair and the
higher court should amend it. The higher court will decide on an appeal in such a
way that it either grants or dismisses it. In the starting point of a post-trial stage, the
accused may seek bail to the Court and court may grant him bail.
There can be many reason to file post trial motion such as-
1. The evidence was legally insufficient to sustain the verdict
2. The court did not have jurisdiction of the case.
3. The judgment was obtained by fraud upon the court or fraud by an opposing party.
4. There was an error committed at the trial which would require reversal by an
appeals court.
5. The evidence that was not known to the parties or lawyers before the trial.
So, if the party is unhappy with the judgment of lower court and has doubts or any
of these grounds then the party can go for post-trial proceedings.

Illustration:
Suppose mr. x is unhappy with the judgment of lower court and claim that the
evidence that prosecution has presented is not known to them before trial so here he
can go for post-trial proceeding by filling an appeal against the judgment of lower
court but here after appeal the higher court’s decision will be final.

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