Saturday, July 24, 2010

Criminal Court Of Bangladesh

Section 6 of the CrPC as amended by the Criminal Procedure (Amendment) Ordinance,
2007 states that, there shall be two classes of Criminal Courts in Bangladesh,
namely--
1.
Court of Session.
2.
Court of Magistrates.
Court of Session
For the purpose of administration of criminal justice the whole territory of
Bangladesh has been divided into some Session Division each containing a Court of
Session. Section 7 of the CrPC every Sessions Division shall be a district. A
metropolitan area is deemed to be a Sessions Division.
Under section 9 of the CrPC the Government bound to appoint a judge in each
Session Court.
Section 9(3) Session Judge, Additional Sessions Judge and joint Session Judge
shall be appointed form among the members of the Bangladesh Judicial service.
All Joint Session Judge shall be subordinate to the session judge in whose court
they exercise jurisdiction.
Jurisdiction of Court Session
The Court of Session exercise four types of jurisdiction: Original, appellate,
revision0al & administrative.
Original Jurisdiction
Original jurisdiction of the Court of Session means that jurisdiction whereby it
can take a case as court of first instance. Under its jurisdiction, a Session
Judge or Additional Session judge can try any offence authorized by criminal law.
Appellate Jurisdiction
A session judge hears appeal form the conviction and sentence passed by the Joint
Session Judge, Metropolitan Magistrate or any Judicial Magistrate of the first
class.
When in any case of Joint Session Judge passes any sentence of imprisonment for
term exceeding 5 years, the appeal shall lie to the HCD.
Revision0al Jurisdiction
Under section 435 of the CrPC a session judge may call for and examine the records
of any inferior court.
Under section 439A the Session Judge has the power of revision in case of any
proceeding the record of which has been called for.
Jurisdiction as to Transfer of cases or Withdraw cases
Under administrative and supervisory power the Session Judge may transfer a case
form one criminal court to another criminal court. [ Section 526B ].
A Session Judge may withdraw or recall any case [ Section 528 ]
Court of Joint Session Judge
A Joint Session Judge may pass any sentence authorized by law, expect a sentence
of death or transportation for a term exceeding 10 years or imprisonment for a
term exceeding 10 years.

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