 Criminal Courts Structure:

Section 6 of the CrPC Criminal Courts of Bangladesh are of two kinds:

1. Courts of sessions
2. Courts of Magistrates
The Court of Sessions: This court can be divided into two category
1. district -The Court of Sessions
2. Metropolitan- Metropolitan Session courts
The Court of Sessions The Metropolitan Session Court
1.Session Judge 1.Session Metropolitan Judge
2.Additional Session Judge 2.Additional Session Metropolitan Judge
3.Joint Session Judge 3.Joint Session Metropolitan Judge

 Jurisdiction of the Court of Session:

Original Jurisdiction: The original jurisdiction of the Court of Session
means the jurisdiction to try a case and not to take cognizance.
Thiş is because the cognizance is normally taken by a Magistrate at the
initial stage and after cognizance has been taken, the case, if triable by
the Court of Session, will be sent to that court for trial. Column 8 of the
Second Schedule of the Criminal Procedure Code provides the list of
cases which are triable by the Court of Session. For example, murder,
culpable homicide, attempt to commit suicide etc. are exclusively triable
by the Court of Session.
Appellate Jurisdiction:
Under sections 406 and 408 of the CrPC the Court of Sessions has been
conferred the appellate jurisdiction
 A Sessions Judge hears appeal from the conviction and sentence
passed by the Joint Sessions Judge, Metropolitan Magistrates, or
any Judicial Magistrate of the first class (sec. 408)P
 Appeal to the Court of Sessions shall be heard by the Sessions
Judge or by an Additional Sessions Judge (sec. 409).
 If any magistrate passes any order under section 118 to give
security for keeping the peace or for good behavior, appeal against
such order has to be made before the Sessions Judge (sec. 406).
 No second appeal lies from the judgment and order of a Sessions
Judge given in an appeal though revision may be filed against to
The High Court Division (sec 404 and 561A ,CrPC )
Revisional Jurisdiction:
Sections 435, 436 and 439A of the CrPC basically provide that a
Sessions Judge may exercise the power to call for records or inferior
courts, may order inquiry, may report to the High Court Division and
may exercise power of revision.
 Under sections 435 of the CrPC a Sessions Judge may call for and
examine the records of any inferior criminal court within his
jurisdiction for the purpose of satisfying himself as to the
correctness, propriety or legality of the finding, sentence or order
and the regularity of any proceeding before such subordinate court.
 Under section 439A the Sessions Judge has the power of revision
in case of any proceeding the record of which has been called for.
The revisional power under section 439A may be transferred to the
Additional District Judge and if so transferred, he will exercise all
powers of a Sessions Judge.
Jurisdiction as to Transfer or Withdraw cases:
Jurisdiction as to Transfer or Withdraw cases
 Under its administrative and supervisory power the Sessions Judge
may order that any particular case be transferred from one
criminal court to another criminal court ir his Sessions Division
(section 526B).
 A Sessions Judge may withdraw any case from, or recall any case
which he has made over to, any Joint Sessions Judge subordinate
to him. Likewise, he may recall any case or appeal which he has
made over to an Additional Sessions Judge. And by doing this he
may try the case or hear the appeal in his own court or make it
over to another court (section 528).
Power of Additional and Joint Sessions Judge:
SSection 31 of the CrPC provides following provisions with regard to
sentences which the Court of Session may pass:
 A Sessions Judge or Additional Sessions Judge may pass any
sentence authorized by law; but any sentence of death passed by
any such Judge shall be subject to confirmation by the High Court
Division.

 A Joint Sessions Judge may pass any sentence authorized by law,

except a sentence of death or of transportation for a term
exceeding ten year or of imprisonment for a term exceeding ten
years
  Structure of The Courts of Magistrates: 

Sub-section 6(2) of the CrPC there will be two types of magistrate

court :
Judicial Magistrate : Judicial Magistrates are same as an assistant
judge, the only difference is that they deal with criminal matters in lower
judiciary. Almost all the criminal cases appear before the court of
judicial magistrates; these courts are known as magistrate courts.
They take cognizance of criminal cases and then try them or send them
to the appropriate court to try. Generally accused are brought before
these courts after an arrest.
Previously they were a part of Executive Magistrates and as they tried
only judicial matters they were named as Judicial Magistrates but now
after the separation of the judiciary after 2007, they become a part of the
independent judiciary and thus their appoint procedure has changed
since. Judicial Magistrates are mentioned under section 11 of the code.

Executive Magistrate: An executive magistrate is empowered to

execute certain tasks for the government like the collection of taxes,
keeping the peace, execution of court order, maintain public safety etc.
Generally, they do not have judicial power but they can take certain
steps to complete their execution but they also have some judicial power
under special laws.

A District Collection / District commissioner is the head of the executive

magistrates of a district. More about this can be found in section 10 of
the Code.
Structure of Judicial magistrate:

District area Metropolitan area

1.Chief Judicial Magistrate 1.Chief Metropolitan Magistrate

2.Additional Chief Judicial 2.Additional Chief Metropolitan
Magistrate Magistrate
3.Judicial Magistrate (1st class)
3.Metropolitan Magistrate (1st class)

4.Judicial Magistrate (2nd class)

5.Judicial Magistrate (3rd class)

Powers of Criminal Courts (Generally)

 High Court Division:
 Any punishment according to law

 Session Judge Court & Joint Session Judge Court:

 Any punishment according to the law but have to send the
decision of death penalty the High Court Division for
confirmation

 Additional Session Judge Court:

 Up to ten years of imprisonment

 Magistrate of 1stclass (CMM/CJM):

 Up to five years of imprisonment (with or without solitary
confinement)
 Fine up to ten thousand taka
 Under Section 32 of the CrPC
  Magistrate of 2ndclass:
 Imprisonment for a term not exceeding three years,
including such solitary confinement as per law
 Under Section 32 of the CrPC

 Magistrate of 3rdclass:
 Imprisonment for a term not exceeding two year
 Fine not exceeding two thousand taka
 Section 32 of the CrPC

Appeal from the Magistrates Courts :

Appeal may be against an order or against a sentence imposed by a
magistrate.
 Appeal from a sentence passed by any Magistrate of the second or
third class shall lie to the Chief Judicial Magistrate (sec. 407). )

 Appeals from a sentence passed by any First Class Magistrate lies

to the Court of Session (Sec. 408(a).

 Appeals from a sentence passed by a Magistrate of an offence

under section 124A of the Penal Code will lie to the High Court
Division (section 408(6))