CrPC
Code of Criminal Procedure 1898
(Act No. V of 1898, 565 sections)
Enforcement date - 1 July 1898.
Definitions:
s.4 (1)
a) Advocate - includes, Attorney general (AG), Assistant AG, Deputy AG, Additional AG
e) Clerk of state - officer appointed by chief justice
f) Cognigible offence – offences where police can arrest or search without warrant
h) Complaint - oral/written allegation, made to Magistrate under CrPC, that some person committed an
offence, but not in a police report.
k) Inquiry - proceedings of magistrate before trial
l) Investigation - proceedings conducted by the police officer or a person (other than magistrate) for
collecting evidence
Investigation includes spot inspection, ascertainment of facts, arrest, collecting evidence, interrogating,
search and seizure
m) Judicial proceeding - where oral testimony under oath is taken
n) non-cognnigible offence - offences where police CANNOT arrest or search without warrant
q) Place - house, building tent, vessel.
S) police station - place declared by govt. to be a PS, lowest unit for exercising crim. jurisdiction
t) Public prosecutor (PP) - person appointed under 492, or person under PP (can present appeals to HC
after acquittal). PP cannot appear for private party, where govt. is party
s.7 - Bangladesh divided into 8 session divisions, each Sessions division consists of one or more districts (64
total). 8 divisions are - Dhaka, Chottogram, Khulna, Rajshahi, Rangpur, Barishal, Sylhet, Mymensingh.
Metropolitan Areas: Districts can be divided into Metropolitan area and non-metropolitan area/Local
area. Some rural districts only have non-metropolitan area (Metro area - area declared under Chittagong,
Dhaka, Rajshahi, Khulna Acts/ ordinance).
E.g. Dhanmondi, Tejgon, Kalabaghan etc are part of the Dhaka Metropolitan area. Ashulia, Savara etc are
part of the non-metro area.
CRIMINAL COURT STRUCTURE (FOR EVERY DISTRICT)
Court of Sessions (s.9)
Metropolitan Area Non-Metropolitan Area
Metropolitan Court of Sessions Court of Sessions
Metro Sessions Judge Sessions Judge
Additional Metro Sessions Judge Additional Sessions Judge
Joint Metro Sessions Judge Joint Sessions Judge
Magistrates court
Chief Metropolitan Magistrate (CMM) Chief Judicial Magistrate (CJM)
Additional CMM Additional CJM
Metropolitan Magistrates Magistrates of the first class
Magistrates of the second class
Magistrates of the third class
s.6 – 2 classes of criminal courts - 1. Court of Sessions 2. Court of Magistrates
Magistrates: s.6, s.15, 16
s.6(2) - There are two classes of Magistrates
(a) Judicial Magistrates (JM)
(b) Executive Magistrates (EM)
(3) There are four classes of Judicial Magistrates, namely: -
(a) Chief Metropolitan Magistrate in charge of Metropolitan Area and Chief judicial Magistrate in charge of
non-metro areas;
**CMM And CJM will include additional CMM and Additional CJM.
(b) Magistrate of the first class in (non-metro areas). Judicial magistrates in charge of metropolitan areas
are called Metropolitan Magistrates, and they are selected from among 1st class magistrates only.
(c) Magistrate of the second class (in non-metro areas); and
(d) Magistrate of the third class (in non-metro areas).
Judicial Magistrates:
s.15 - Bench - Judicial magistrates of 1st, 2nd, 3rd class (outside in charge of non-metro areas) can sit as a
bench.
s.16 – Regulation- Govt. or CJM can regulate conduct, distribution, constitution place, time of sitting of
JMs.
Metropolitan Magistrates: (ss. 18-21)
s.18 -Appointment- in a Metro Area, CMM, add. CMM, and all other MMs are appointed from Bangladesh
judicial service.
s.19 - Bench- two or more MMs can sit as a bench. s.20 - jurisdiction of MMs exercised in Metro area.
s.21 - Regulation- CMM regulate conduct, distribution, constitution place, time of sitting of MMs,
difference in opinions.
Executive Magistrate (s.10):
s.10 - appointment - In every district and metropolitan areas, govt. shall appoint as many EMs and their
head is known as the District Magistrate (also additional DM).
(6) all persons appointed as Assistant Commissioners, Additional Deputy Commissioners or Upazila Nirbahi
officer in any district or Upazila shall be Executive Magistrates in their local areas.
(7) Commissioner of Police is an Executive Magistrate.
Special Magistrates (s.12):
s.12 - Executive Magistrates, judicial magistrates of 1st 2nd 3rd class and metropolitan magistrates can be
specially empowered and can become Special Magistrates.
Court of Sessions (s.9):
s.9 (1) - formation – Govt. shall appoint COS and a judge for every sessions division. COS for Metropolitan
area is Metropolitan Court of Session.
s.9(3)- appointment - govt. may appoint members of the Bangladesh Judicial Service as Sessions Judge,
Additional Sessions Judge and Joint Sessions Judge
s.9(4) a SJ of one sessions division can also be additional SJ of another division.
NOTE:
The Sessions Judge and the District Judge is the same person. He represents the Head of Sessions
Court (criminal) and the Head of District Courts (civil). Metropolitan Court of Session (and their
Judges) is completely separate from the District Courts (civil).
In Dhaka, there is no Joint Sessions Judge. However, in other districts such as Sylhet the Joint District
Judge also sits as the Joint Sessions Judge.
Subordination (s.17):
s.17 (1) – Executive Magistrates are subordinate to District Magistrate.
Judicial Magistrates (1st, 2nd 3rd) are subordinate to CJM and MM.
Metro. Magistrates and Special Metro Magistrates are subordinate to CMM
CJM is subordinate to Joint Sessions Judge (JSJ) and CMM is subordinate to Metro session judge.
JSJ is subordinate to Session Judge (SJ can make rules for JSJs). .
Sentencing power:
Magistrate court:
Special powers:
s.29(B) - offences committed by persons under 15, may be tried by CJM, CMM or any Special Magistrate
empowered by Government/other law to conduct trial, custody and or punishment of youthful offenders.
(Except death penalty or imprisonment for life offences)
s.29 (C) - offences not punishable by death - maybe tried by CJM, Add. CJM, and for offences with less than
10 year imprisonment can be tried Metro Magistrates or 1st class Magistrate specially empowered.
s.33A - Magistrate specially empowered under 29(C) - may pass any sentence except death or more than 7
years imprisonment.
General powers:
s.32 - MM, 1st class magistrate – can impose max 5 yrs. imprisonment + Tk.10,000 fine.
(2) 2nd class magistrate - max. 3 yrs + Tk.5000 fine
(3) 3rd class Magistrate - max 2 yrs + Tk.2000 fine
High court and Court of Sessions:
s.31 - HC can pass any sentence authorized by law,
(2) Sessions Judge and Add. Sessions Judge can pass any sentence but requires High Court’s permission for
death penalty. (s.374)
(3) JSJ may pass any sentence except - death penalty or more than 10 years imprisonment term.
Aggregate sentences (for multiple offences committed by one person):
s.35 - for multiple offences, court can give aggregate (total) sentence, or consecutive punishments.
JSJ's aggregate power - 14 years
Magistrate aggregate sentencing power - twice that of maximum sentencing power
(e.g. for one offence, 1st class magistrate can impose 5 years imprisonment maximum, but aggregate
punishment for multiple offences by one person can be 10 years
Sentencing powers of Criminal Courts
Metropolitan area Non metropolitan area
Name of Court Normal power Aggregate Name of Court Normal power Aggregate
power power
Metro Sessions Unlimited (Death penalty requires Sessions Judge Unlimited (Death penalty requires
and Additional HCD permission) and Additional HCD permission)
Metro Sessions Sessions Judge
Judge
Joint Metro 10 years 14 years Joint Sessions 10 years 14 years
Sessions Judge Judge
Chief & Special powers under S.29(c) Chief & Special powers under S.29(c)
Additional Chief Additional Chief
Metropolitan Judicial
Magistrate Magistrate
Metropolitan 5 years 10 years 1st Class 5 years 10 years
Magistrate Magistrate
2nd Class 3 years 6 years
Magistrate
3rd Cass 2 years 4 years
Magistrate
Failure to pay fine:
s.33 - Magistrate Court can may award imprisonment in default of payment of fine, but must not exceed
the max. term of imprisonment for that offence.
If Defendant is both fined and imprisoned (and cannot pay fine) the imprisonment in default of fine shall
not exceed one-fourth of the period of max. imprisonment. (2) Total combined term can exceed max.
Imprisonment.
E.g. If D is sentenced for an offence with max imprisonment of 7 years, and is sentenced to 4 years with fine
of Tk.10,000 and if he cannot pay fine then a maximum of 1 year 9 months (1/4 th of 7 years) can be added
to his sentence for failure to pay fine.
s.35A - time spent in custody is deducted from total sentence of imprisonment. (2) If custody time exceeds
term of imprisonment he'll be released at once. Any fines are cancelled/remitted.
