Professional Documents
Culture Documents
CRPC Assingment
CRPC Assingment
Assignment on
“Criminal Court Function and Jurisdiction including Court visiting
Experience”
Prepared for
Md. Abu Nayeem Miazi
Assistant Professor
Department of Law, GUB
Prepared by
Kamrul Hasan
ID: 182011021
Program: LL.B (Hon‟s)
Contents
CHAPTER: ONE
Introductory Issues
1.1 Introduction
The criminal justice system is a multifaceted structure designed to maintain social
order, protect individual rights, and administer justice through a fair and impartial
process. At the heart of this system are criminal courts, pivotal institutions
responsible for adjudicating cases involving alleged violations of criminal law.
Criminal courts play a crucial role in ensuring justice is served, balancing the
interests of the accused, the victims, and society at large.
Educational Purpose:
CHAPTER: TWO
The Structure of Criminal Courts
The word “Criminal Court” means a legal court that deals with criminal cases or a
court that has jurisdiction to try and punish a person who has committed and
offence. Hereinafter, the word “offence” means any act or omission made
punishable by any law for the time being in force.
In Bangladesh, the criminal courts are divided in various categories and each court
has specific jurisdiction to trial an offence and sentencing the accused if he has
been proven guilty beyond reasonable doubt.
In this article i will try to discuss about the “Classification & Power of Criminal
Courts in Bangladesh to trial and sentencing” with details & also with relevant
provisions of law.
So Let‟s start……
Section 6(1) of the Code of Criminal Procedure, 1898 (Hereinafter later mentioned
as CrPC) states that, “Besides the Supreme Court and the Courts constituted under
any law for the time being in force, other than this Code, there shall be two classes
of Criminal Courts in Bangladesh, namely:-
(a) Courts of Sessions ; and
(b) Courts of Magistrates.
In this Section we found 4 categories of Criminal Courts, as follows:
1. Supreme Court of Bangladesh.
2. Courts Constituted Under any law.
3. The Court of Sessions; and
4. The Court of Magistrate.
Let‟s discuss about all 4 types of courts mentioned above-
6
Such courts may be called as special court. Special Courts are such courts that are
established under any special law with jurisdiction for a particular matter. It deals
with the specific matter as the law referred on it.
some example of this types of courts are:
(a). Cyber Crime Tribunal which is established under “Information and
Communication Technology Act, 2006″…
(b). Nari o shishu Nirjaton Daman Tribunal which is constituted under the ” Nari o
Shishu Nirjaton Daman Ain, 2003″.
all the judges are appointed from the members of Bangladesh Judicial Service in
accordance with the provision made by the president under the power conferred on
him through article 115 and article 133 of the „Constitution of the People‟s
Republic of Bangladesh, 1972‟.
Section 6(2) of CrPC divided court of magistrate‟s into two categories. Though this
divisions comes after the last amendment to the CrPC on 2009 as the result of the
judgement on Masdar Hossain case (separation of judiciary) by the SCB. From
then, the magistrate courts are divided into two categories, as:
1. Executive Magistrate.
2. Judicial Magistrate.
We will discuss about the executive magistrate later in this article. Now we are
going to discuss about the Court of Judicial Magistrate‟s.
Under section 6(3) of the code, there are four types of judicial magistrate‟s in
Bangladesh, as follows-
a. Chief Metropolitan Magistrate in Metropolitan areas and Chief Judicial
Magistrate in other areas.
b. Magistrate of the 1st class who shall introduced as Metropolitan Magistrate in
metropolitan area.
c. Magistrate of the second class.
d. Magistrate of the third class.
Note that, the word “Chief Judicial Magistrate” includes the word “Additional
Chief Judicial Magistrate”; and the word ” Chief Metropolitan Magistrate”
includes the word “Additional Chief Metropolitan Magistrate “.
If we divide such magistrate courts separately in respect of the Metropolitan area
and others area, then the classifications of judicial magistrate‟s court‟s become as
follows-
*In Others than metropolitan area, the magistrates court shall –
1. Chief Judicial Magistrate / Additional Chief Judicial Magistrate.
2. Magistrate of the first Class who are generally known as „Senior Judicial
Magistrate‟.
3. Magistrate of the Second Class.
4. Magistrate of the third class.
8
Note: (a) The word ” Senior Judicial Magistrate” is not stated under CrPC, it
comes/constituted from the „Bangladesh Judicial Service Commission Rules,
2007‟.
(b) the magistrate‟s of the second and third classes are known as Judicial
Magistrate‟s.
*In Metropolitan area, the court of magistrate‟s shall-
a. Chief Metropolitan Magistrate/ Additional Chief Metropolitan Magistrate.
b. Metropolitan Magistrate (Magistrate of the first class).
Note: there are no second class or third class magistrate in Metropolitan area; and
the CJM/ACJM, CMM/ACMM all are also first class magistrate.
According to section 10 of the code, the government shall appoint as many persons
as executive magistrate as the government think fits and shall appoint government
as District Magistrate.
The government shall appoint any Executive Magistrate to be an Additional
District Magistrate.
That means there are three kinds of executive magistrate, as:
a. District Magistrate,
b. Additional District Magistrate.
c. Others Executive magistrate.
there are also another kinds of executive magistrate called “Special Executive
Magistrate ” that are appointed by the government from any person, in respect of
particular cases or a particular class or classes of cases, or in regard to cases
generally in any local area outside a Metropolitan area.
Territorial area: The Government may, or subject to the control of the Government,
the District Magistrate may, from time to time, by order define territorial areas for
the executive Magistrate‟s.
9
CHAPTER: THREE
Jurisdiction of Criminal Court
The power of criminal courts to trial and sentencing are stated under difference
sections of the CrPC. However before discussing about the powers of such court,
we should bear in mind that, power to trial offence and power to sentencing is
totally different concept.
Now, Let‟s see the powers separately:
Court of Sessions
According to Section 28 of CrPC the Court of Sessions shall also try any offences
as per column 8, Schedule 2 of the Code.
Moreover, Some specific offences such as Murder, culpable homicide, attempt to
commit suicide etc are exclusively triable by the Court of Sessions.
However, According to Section 31(2) the Session Judge and Additional Session
Judge may pass any sentence according to the law; but if they pass any death
sentence then the sentence shall be executed after the confirmation by he High
Court Division.
The Joint Session Judge has the power to impose a maximum sentence of
imprisonment not exceeding 10 years.
Court of Magistrate‟s
Section 29(c) of the code states about special powers of magistrate‟s to trial an
offences. Under this section, the government may in consultation with the HCD
invests powers to the:
(a) CJM, ACJM, CMM to try as a Magistrate all offences not punishable with
death;
(b) Metropolitan Magistrate or any Magistrate of the first class to try as a
Magistrate all offences not punishable with death or with transportation or with
imprisonment for a term exceeding ten years.
As per section 32 of the code, the Courts of Magistrates may pass the following
sentences:-
(a) Magistrates of the first class may pass Imprisonment for a term not exceeding
five years, including such solitary confinement as is authorized by law; and Fine
not exceeding ten thousand taka Whipping.
(b) Magistrates of the second class may pass Imprisonment for a term not
exceeding three years, including such solitary confinement as is authorized by law;
and Fine not exceeding five thousand taka ;
(c) Magistrates of the third class may passes Imprisonment for a term not
exceeding two year; and Fine not exceeding two thousand taka.
as per section 33(A) of the code, The Court of a Magistrate, which are specially
empowered by the government under section 29(C), may pass any sentence
authorized by law, except a sentence of death or of transportation or imprisonment
for a term exceeding seven years.
Executive Magistrate‟s
Basically, as per section 10 of the Code, the Executive Magistrate‟s are appointed
from the members of „Bangladesh Civil Service(Admin)‟ ; and the Ac(Land),
ADC, UNO shall be the executive magistrate in their respective area. By this
provision, it is clear that the Executive Magistrate‟s are the part of Executive
Department and they are not a part of Judiciary. So, In generally the executive
magistrate haven‟t any jurisdiction to try any offence and sentencing a person.
11
But Under Section 11(4) of the code, the government may conferred power to an
executive magistrate to perform the functions of a Judicial Magistrate for a period
to be determined in consultation with the High Court Division. However such
provision is basically for the time of emergency.
Moreover, Under “The Mobile Court Act, 2009” the powers to trial and sentencing
has been conferred to an executive magistrate with two conditions as provided
under section 6 of the Act.
The two conditions are:
1. The offense shall observed or committed in front of the magistrate; and,
2. The accused shall makes confession before the magistrate.
If such conditions mentioned above are fulfilled, only then an Executive
Magistrate can take cognizance of an offence and pass any sentence in accordance
with law.
CHAPTER: FOUR
Details of Visiting Court
Visiting Date: 31/12/2023
Visiting District: Narayangonj
Visiting Details:
Session Court
Session Division of Narayangonj1
Sl. Name of the Name of the Name of Name of Remarks
No Court Judge/ Shereta Public
Magistrate Prosecutor
1 Session Judge Mohammad Abdullah Adv. Md. Annexure-
Court Asshams Joglul Al Baki Monirujjaman 01
Hossen Bulbul
2 Nari o Shishu Najmul Hoque Adv. Rokib Annexure-2
Tribunal Shemol
1
Under section-7 (CrPC)
12
Court-01
4 Additional Shammi Akhter Annexure-4
Session Judge
Court-02
5 Additional Mohammad Annexure-5
Session Judge Sahabuddin
Court-03
6 Additional Md. Aminul Annexure-6
Session Judge Hodue
Court-04
7 Joint Session Md. Annexure-7
Judge Court-01 Akterujjaman
Bhuyan
Magistrate
CHAPTER: FIVE
Experiences and observations
It was not first time of my court visiting in that day. But the experience and
observation was so deference other than the days I have visited. Though taking
photo in front of Magistrate and Judges Personal Chamber and Court room strictly
was prohibited, with so hesitation, I took all of the photos attached here. Many of
my friends, who are practicing in the court as a lawyer, helped me to find out all
the courts and by giving information. By collecting information and finding court
were a new learning for me and for that a lot of thanks deserve my course teacher,
honorable Abu Nayeem Miazi.
CHAPTER: SIX
Conclusion
In conclusion, the Criminal Courts of Bangladesh, consisting of Magistrates'
Courts, Sessions Courts, and Specialized Tribunals, administer justice for various
criminal offenses. The High Court Division and Appellate Division of the Supreme
Court oversee appeals and protect fundamental rights. The hierarchical structure
ensures a fair trial process, reflecting Bangladesh's commitment to a just legal
system. It is advisable to consult current legal statutes for the latest information.
16
Annexure-01
Court Name: District Session Court
Name of the Magistrate/ Judge: Session Judge
Picture of the court:
Annexure-02
Court Name: Nari o Shisu Tribunal
Name of the Magistrate/ Judge: Session Judge
Picture of the court:
17
Annexure-03
Court Name: Additional Session Judge Court-01
Name of the Magistrate/ Judge: Ummey Suraban Tahura
Picture of the court:
Annexure-04
Court Name: Additional Session Court-02
Name of the Magistrate/ Judge: Shammi Akhter
Picture of the court:
Annexure-04
Court Name: Additional Session Court-03
18
Annexure-05
Court Name: Additional Session Court-04
Name of the Magistrate/ Judge: Mohammad Sahabuddin
Picture of the court:
Annexure-06
19
Annexure-07
Court Name: Additional Joint Session Court-
01
Name of the Magistrate/ Judge: Md. Akterujjaman Bhuyan
Picture of the court:
20
Annexure-08
Court Name: Additional Joint Session Court-02
Name of the Magistrate/ Judge: Kazi Yeasmin Habib
Picture of the court:
Annexure-09
Court Name: Additional Joint Session Court-03
Name of the Magistrate/ Judge: Masuda Yeasmin
Picture of the court:
Annexure-10
Court Name: Additional Joint Session Court-04
Name of the Magistrate/ Judge: Farjana Akter
21
Annexure-11
Court Name: Chief Judicial Magistrate Court (Cognizance court-5)
Name of the Magistrate/ Judge: Md.Abdur Rahaman
Picture of the court:
Annexure-12
Court Name: Additional Chief Judicial Magistrate(Cognizance court-3)
Name of the Magistrate/ Judge: Mohammad Bodiujjaman
22
Annexure-13
Court Name: Senior Judicial Magistrate (Cognizance court-1)
Name of the Magistrate/ Judge: Md. Imran Mollah
Picture of the court:
Annexure-14
Court Name: Senior Judicial Magistrate (Cognizance court-6)
23
Annexure-15
Court Name: Senior Judicial Magistrate (Cognizance court-2)
Name of the Magistrate/ Judge: Nusrat Shahaba Bithi
Picture of the court:
Annexure-16
Court Name: Senior Judicial Magistrate (Cognizance court-4)
Name of the Magistrate/ Judge: Sanjida Sarkar
24
Annexure-17
Court Name: Senior Judicial Magistrate
(Cognizance court-7)
Name of the Magistrate/ Judge: Kazi Mohammad Mohosen
Picture of the court:
Annexure-18
Court Name: Senior Judicial Magistrate (Cognizance court-8)
Name of the Magistrate/ Judge: Mohammad Shamsur Rahaman
25
Annexure-19
Court Name: Additional District Magistrate (ADM) (ADM Court)
Name of the Magistrate/ Judge: Moushumi Bain Hira
Picture of the court:
Annexure-20
Court Name: Executive Magistrate Court
Name of the Magistrate/ Judge: Khadiza Begum
Picture of the court:
26