In Bangladesh, criminal proceedings are governed by the Code of Criminal Procedure, 1898. The criminal justice system in Bangladesh is divided into two categories: the Magistrate Court system and the Sessions Court system.
The Magistrate Court system includes the Metropolitan Magistrate Court, the Judicial Magistrate Court, and the Executive Magistrate Court. These courts have the authority to hear and decide on cases involving minor criminal offenses, such as traffic violations, petty theft, and assault. The Magistrate Court system also has the power to issue warrants, bail, and search warrants.
The Sessions Court system, on the other hand, includes the Sessions Judge Court and the Metropolitan Sessions Judge Court. These courts have the jurisdiction to hear and decide on cases involving serious criminal offenses, such as murder, rape, and drug trafficking.
The criminal proceedings in Bangladesh involve the following stages:
Investigation: A police officer or an authorized agency investigates the crime and collects evidence.
Filing of the First Information Report (FIR): The police officer or the victim files a report to the Magistrate Court, describing the crime and the details of the accused.
Arrest and remand: The accused may be arrested and brought before the Magistrate Court, which may grant or deny bail or order the accused to be remanded to police custody.
Chargesheet: The police submit a chargesheet to the Magistrate Court, outlining the details of the case and the evidence collected.
Framing of charges: The Magistrate Court frames the charges against the accused and reads them out in court.
Trial: The trial begins in the Sessions Court, where the prosecution presents its case and the defense presents its case. The judge considers the evidence and arguments presented by both sides and delivers a verdict.
Appeal: Either party may appeal the verdict to the High Court Division of the Supreme Court.
It is important for parties involved in criminal proceedings to seek legal advice and guidance before proceeding. The criminal justice system in Bangladesh can be complex and intimidating, and it is essential to have a thorough understanding of the procedures and laws involved.