THE SUPREME COURT:

 
Bangladesh Supreme Court is the highest court of Bangladesh, have two divisions:
 
– Appellate Division (AD)
 
– High Court Division (HCD)
 
THE APPELLATE DIVISION (AD):
 
Appeal to the Appellate Division from the judgment, decrees, order and sentences
made by the High Court Division are to be filed directly for the following reasons-
 
(i) If there is a substantial question of law as to the interpretation of the constitution
and HCD certifies it;
 
(ii) If the HCD confirms sentenced to death or imprisonment for life;
 
(iii) If HCD punishes for contempt of court cases; except the above mentioned cases
you have to file a leave to appeal and it is the discretionary power of the court to
accept/grant or reject the appellate petitions.
 
THE HIGH COURT DIVISION (HCD):
 
The HCD shall have appellate jurisdiction from the lower Courts. HCD can also
exercise the power of original jurisdiction in certain cases such as
 
i) Admiralty matters, ii) Company matters, iii) Writ Jurisdiction.
 
SUB-ORDINATE CIVIL COURTS:
 
The following five civil courts exist in general hierarchy:
 
District Judge Court: It has original, appellate, revisional, transfer, review and
reference jurisdiction. If suit valuation is more than Tk. 5 crores then appeal/revision
lies to the HCD;
 
Additional District Judge Court: It has same powers as to the District Judge but can
exercise his power only if the District Judge refers any matter to him;
 
Joint District Judge Court: It has jurisdiction if the suit valuation is from BDT
25,00,001 up-to unlimited;
 

Senior Assistant Judge Court: It has jurisdiction if the suit valuation

is from BDT 15,00,001 up-to BDT 25,00,000;
 
Assistant Judge Court: It has jurisdiction if the suit valuation is less than BDT
15,00,000.00.
 
SUB-ORDINATE CRIMINAL COURTS:
 
Sub-ordinate Criminal courts are sub-divided into two categories:
 
SESSIONS COURT:
 
There are three session courts in district level (i.e. out of the Metropolitan areas);
 
District Session Judge Court: Original, appellate, revision, transfer and reference
jurisdiction; and can pass any judgment and try any cases but death sentence must be
confirmed by the HCD;
 
Additional District Session Judge Court: No original jurisdiction; and can try cases
referred by the District session judge court;
 
Joint District Session Judge Court: can pass sentence up-to ten years imprisonment.
 
Accordingly in the Metropolitan areas there are three Metropolitan Session courts;
 
Metropolitan Session Judge Court
 
Additional Metropolitan Session Judge Court
 
Joint Metropolitan Session Judge Court
 
These Courts have the same jurisdiction as their counterparts have in session courts;
but their territorial jurisdiction is limited only in the metropolitan areas.
 
MAGISTRATE COURT:
 
Magistrate courts are of two kinds,
 
(a) Executive Magistrate: Is mainly an administrative Magistrate, holds the limited
trial power in Mobile Courts generally.
 
(b) Judicial Magistrate:
 
There are four types of Judicial Magistrate courts in district level;
 
Chief Judicial Magistrate Court:The highest court of the Magistracy. Can usually
take cognizance of any criminal offence and punish the offender up to 5 years
imprisonment and ten thousand taka.
 
Additional Chief Judicial Magistrate Court: Can exercise a case as referred by the
Chief Judicial Magistrate.
 
Senior Judicial Magistrate Court: It is a 1st class Magistrate’s court, can usually
sentence a punishment of 5 years’ imprisonment and 10,000 taka fine.
 
Judicial Magistrate Court: It is a 2nd or 3rd class Magistrate’s court. 2nd class
Magistrates can inflict a punishment of 3 years imprisonment and BDT 5,000 fine and
3rd class Magistrates can give a punishment of 2 years imprisonment and BDT 2,000
fine.
 
Accordingly in the Metropolitan areas there are three Metropolitan Magistrate courts;
 
Chief Metropolitan Magistrate Court
 
Additional Metropolitan Session Judge Court
 
Metropolitan Magistrate Court
 
All Metropolitan Magistrates are 1st class Magistrate.
 
These Courts have the same jurisdiction as their counterparts have in Judicial
Magistracy; but their territorial jurisdiction is limited only in the metropolitan areas.
 
SPECIAL COURTS:
 
Labour Courts: Labour Court deals with cases arising from labour disputes.
 
Administrative Tribunals: Administrative Tribunals exercise its power regarding
service disputes of public servants.
 
Income Tax Appellate Tribunals: Income Tax Appellate Tribunals exercise its
power regarding income tax disputes, custom and excise matters. VAT Appellate
Tribunals decide disputes regarding custom and excise duties and VAT.
 
Money Loan Courts: Artha Rin Adalats decide money claims of banks and other
financial institutions.
 
Insolvency Courts: Insolvency Courts declare defaulting borrowers as insolvent.
 
Types of Criminal Case and Stages of Criminal Trial in Bangladesh:
 
In Bangladesh the Code of Criminal Procedure, 1898 is considered as the fundamental
procedure of criminal case. Apart from the case institute in the Supreme Court or
different Tribunals the criminal case are of 4 categories those are:
 
CRIMINAL CASE:
 
1) Complaint Register Case or (CR Case)
2) General Register Case or (GR Case)
3) Non FIR Case or (Non GR Case)
4) Unnatural Death Case or (UD Case)
 
1) Complaint Register Case (CR Case):
 
When a case is initiated on the basis of a Complainant, It is called Complaint Case
and such a case is registered in the Complaint Register and for this reason such a case
is also known as Complaint Register Case (CR Case). The Judicial Magistrate takes
cognizance in a CR Case Under Section 190 of the Code of Criminal Procedure, 1898.
 
2) General Register Case or (GR Case)
 
When a case is lodged on basis of an information of cognizable offence to the police
station Under Section 154 of the Code of Criminal Procedure, 1898 it is called
General Register Case or (GR Case) or FIR Case. This is also called police case as it
is to filed in the police station through FIR (First Information Report) or EJAHAR and
such a case is registered in a General Register of police station.
 
3) Non FIR Case or (Non GR Case)
 
A case is lodged on basis of an information of non cognizable offence to the police
station Under Section 155 of the Code of Criminal Procedure, 1898 it is called Non
FIR Case or (Non GR Case) or Non FIR Case. This is also called police case as it is to
filed in the police station through GD (General Diary)/Information and such a case is
recorded in a Non General Register of police station. After that the Officer in charge
of the police station shall forward the information to the competent Judicial
Magistrate for further necessary action.
 
4) Unnatural Death Case or (UD Case)
 
When a first information is received by the Officer-in-charge of a Police Station or
such other officer empowered by the government about the commission of the suicide
or someone has been killed by another or by an aninal or by an accident or has died
under circumstances raising reasonable suspicion that someone has committed an
offence, that police officer will record the information in the B.P. Form No 48 & also
proceed the Unnatural Death Case (UD Case) under section 174 of the Code of
Criminal Procedure, 1898 and rule 299 of the Police Regulation of Bengal, 1943.
After that the Officer in Charge of the Police Station shall forward the information to
the nearest Executive Magistrate for further necessary legal action. The first
information of an UD Case is not an FIR.
 
Case of Different Tribunal in Bangladesh:
 
Statutory Tribunal deal thecases of public concern e.g Tax Appeal Tribunal tries the
tax claims between the State and Individual, Administrative Tribunal deals with the
dispute relating to employment between the government and its employees.
 
Labour Court deals with cases arising from labour disputes, Labour Appellate
Tribunal is concerned with the industrial dispute, only the Administrative Tribunal
and the Administrative Appellate Tribunals have the constitutional recognition.
 
On the other hand, there are some other statutory tribunals which has no relation to
public concern. They mainly related to the offence against Private Personalities. i.g.
নারী ও শিশু নির্যাতন ট্রাইবুনাল, দ্রুত বিচার ট্রাইবুনাল, জন নিরাপত্তা বিঘ্নকারী অপরাধ ট্রাইবুনাল,
পরিবেশ আপিল্যান্ট ট্রাইবুনাল, Special Tribunals established Under Section 26 of the
Special Power Act, 1974, and Under Article 152 (1) of the Constitution of Republic of
Bangladesh,1972 etc. Except Special Tribunal established under section 26 of the
Special Power Act, 1974, other tribunals have their separate establishment and
procedure.
 
Sometime the offences have been defined both in the Penal Code, 1860 and the
Special Laws preserve privileges due to its statutory supremacy and time of
enactment. There are also some inhouse (Domestic) tribunals that are constituted
within the meaning of their delegated legislation i.e. The Bangladesh Bar Council,
The Bangladesh Medical Association, BGMEA, Bank, Universities etc.
 
SPECIAL COURTS:
 
Income Tax Appellate Tribunals: Income Tax Appellate Tribunals exercise its
power regarding income tax disputes, custom and excise matters. VAT Appellate
Tribunals decide disputes regarding custom and excise duties and VAT.
 
Money Loan Courts: Artha Rin Adalats decide money claims of banks and other
financial institutions.
 
Insolvency Courts: Insolvency Courts declare defaulting borrowers as insolvent
 
Stage of different Criminal Case at a momentary look:
 
1) Complaint Register Case (CR Case)
 
– Submission of Complaint
– Examination of the Complainant.
– Investigation of Inquiry Report (If any)
– Taking cognizance by the Magistrate.
– Send for trial
– Taking cognizance by the court of session (If necessary)
– Charge Hearing
– Framing of Charge
– Examination and Cross- examination of witnesses
– Examination of the accused
– Defence witnesses (If necessary)
– Argument
– Judgement
 
2) General Register Case or (GR Case)
 
– Lodging FIR
– Investigation
– Police Report
– Taking cognizance by the Magistrate.
– Send for trial
– Taking cognizance by the court of session (If necessary)
– Charge Hearing
– Framing of Charge
– Examination and Cross- examination of witnesses
– Examination of the accused
– Defence witnesses (If necessary)
– Argument
– Judgement
 
3) Non FIR Case or (Non GR Case)
 
– Lodging GD
– Permission of Investigation
– Police Report
– Taking cognizance by the Magistrate.
– Send for trial
– Charge Hearing
– Framing of Charge
– Examination and Cross- examination of witnesses
– Examination of the accused
– Defence witnesses (If necessary)
– Argument
– Judgement