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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International Conventions & Reports to Treaty Governing Bodies

Bangladesh acceded to the CEDAW in 1984 with a reservation relating to Article 2 regarding the elimination of discrimination against women and the Article 16(1)(c) regarding equality of rights in marriage and upon its dissolution; Bangladesh does not consider these provisions binding as they "conflict with the shari�a law based on (the) Holy Qur�an and Sunnah."

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Notable Features

see also: Notable Features, Republic of India and Notable Features, Islamic Republic of Pakistan]

As elsewhere in South Asia, much of the Muslim personal law is unlegislated, the basis for the law being classical Hanafi fiqh except where this has been amended by legislation.

The Muslim Personal Law (Shari�at) Application Act 1937 continues to govern the application of Muslim family law in Bangladesh. (The pre-independence legislation that replaced this Act in 1962 only applied to West Pakistan.) According to the Act, Bangladeshis are subject to local custom and usage in matters relating to wills, legacies or adoption, unless a person declares his or her express preference for being governed by Islamic law. Thus, estates may validly devolve in proportions favouring women under customary law.

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Court System

The judiciary is organised at two levels, with subordinate courts and a Supreme Court with Appellate and High Court Divisions. The Family Courts Ordinance 1985 governs the application of the personal laws of all Bangladeshis through the state judiciary by the creation of Family Courts. The Family Courts have jurisdiction over personal status cases of all communities, though religious minorities are governed by their own personal laws. The Family Courts are convened in Assistant Judges� Courts and have special procedures and reduced formalities.

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Constitutional Status of Islam(ic Law)

The Constitution was adopted on 4 November 1972. An amendment to the Constitution under President Ziaur Rahman in 1977 removed the principle of secularism that had been enshrined in Part II: Fundamental State Policy, replacing it with "absolute trust and faith in Almighty Allah." The Eighth Amendment of 1988 inserted Article 2A, affirming that "[t]he state religion of the Republic is Islam, but other religions may be practised in peace and harmony in the republic." Some women�s groups challenged this move on the grounds that it risked exposing women to discriminatory laws.

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Legal History

see also: Legal History, Republic of India and Legal History, Islamic Republic of Pakistan] Bangladesh seceded from Pakistan in December of 1971. Following independence, the British-era legislation that had continued to be applied in Pakistan, as well as the post-1947 legislation enacted by

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