1

Introduction

The right to fair trial is human rights, which has been accorded to all the members of
human family by international human rights law, as well as national law. Criminal
proceeding means the way in which a legal action is brought in a court of justice

The criminal process in Bangladesh is essentially adversarial in nature. The whole

process is a contest between two parties. As regard crime these two parties are the state
on the other hand the person accused .In this process court takes a non partisan role.

The criminal court has jurisdiction to try all cases of a criminal nature unless they are
barred. All crime is local and justifiable by local court only with in whose jurisdiction
they are committed. Crime are in there nature local and the jurisdiction of criminal
court is local. A Magistrate within local jurisdiction the offence is committed is
authorized to take cognizance and try the case in to the Court of Session.

The criminal justice system in Bangladesh, like many other jurisdictions, is a

multifaceted process designed to investigate, prosecute, and adjudicate criminal
offenses. The stages of a criminal case in Bangladesh are crucial components of this
system, aiming to ensure fairness, justice, and the protection of individual rights.
Understanding the various stages involved in a criminal case is essential for both legal
professionals and the general public.

Initial Stage

FIR in cognizable offence

First Information Report (FIR) is a written document prepared by the police when
they receive information about the commission of a cognizable offence. It is a report of
information that reaches the police first in point of time and that is why it is called the
First Information Report. It is generally a complaint lodged with the police by the
victim of a cognizable offence or by someone on his/her behalf. Anyone can report the
commission of a cognizable offence either orally.

A cognizable offence is one in which the police may arrest a person without warrant.
They are authorised to start investigation into a cognizable case on their own and do
not require any orders from the court to do so.

What should you mention in the FIR?

1. Name and address;

2. Date, time and location of the incident you are reporting
 2

3. The true facts of the incident as they occurred

4. Names and descriptions of the persons involved in the incident;

Investigation

Investigation into cognizable cases 156 Code of Criminal Procedure 1898-

(1) Any officer in charge of a police-station may, without the order of a Magistrate,
investigate any cognizable case which a Court having jurisdiction over the local area
within the limits of such station would have power to inquire into or try under the
provisions of Chapter XV relating to the place of inquiry or trial.

(2) No proceeding of a police-officer in any such case shall at any stage be called in
question on the ground that the case was one which such officer was not empowered
under this section to investigate.

(3) Any Magistrate empowered under section 190 may order such and investigation
as above mentioned.

Final Report or Charge Sheet

The phrase 'final report' refers to that document which records the conclusion arrived at
by the police after the investigation process. It is deemed to be final as it signifies the
culmination of the investigation.

In fact, the police report containing recommendations for discharging the accused is
known as 'final report'. It is prepared by the investigation officer with respect to
criminal cases in accordance with the provisions of r 275 PRB and s 196 CrPC.

When after holding an investigation it appears to the police officer making the
investigation that there is no sufficient evidence or reasonable ground of suspicion to
justify the forwarding of the accused to the Magistrate, he or she must give a clear
statement of the case in the police report together with reasons for not sending up any
person for trial. Thus, the investigation report of the police which is submitted under r
275 PRB is called final report. It may generally be of two types:

(a) final report true and

(b) final report false

Final Report True

Upon completion of investigation into a case when the investigation officer submits a
report stating that the alleged incident has been occurred but the accused person is not
liable for committing the offence, such report may be treated as 'final report true'
 3

Final Report False

ermine the truth to take further an investigation Upon completion of investigation into a
case when the investigation officer submits a report stating that the alleged incident has
not been occurred and the accused person is not liable for committing any offence, such
report may be treated as 'final report false.

Charge Sheet

A charge sheet is the final investigation report submitted by the investigating officer or
agencies to the Magistrate for proving an offence in the criminal court. The charge
sheet, also acts as report that informs the Magistrate that on investigating the offence
sufficient evidence was found for the court to go further in the case and inquire into the
offence. A charge sheet is to be submitted when there is sufficient evidence against the
accused person.

When an officer in charge of a police station on completion of an investigation finds

the charge proved and proposes to proceed against any person, he or she will at once
submit a charge sheet. In cases where an accused is absconding, the investigating
officer will submit with the charge sheet a list of the absconder's property so that the
court may issue attachment orders.

Naraji Petition

After completing the investigation, the police submit a final report through the
magistrate court.

The magistrate after carefully observation the report may accept or reject it. If he reject
the report, he may order for final investigation and he may direct and after examination
if satisfied may take cognizance of the offence. Suppose the magistrate accepts the final
report and the informant being aggrieved which is made under section 173 of the Code
of Criminal Procedure. In that case, the informant can file a petition against the final
report which is called Naraji Petition.
 4

When a Naraji Petition can be filed-

a)If the Investigation Officer biased towards the convict.

b)If the Investigation Officer did not conduct the investigation efficiently.

c)If the aggrieved party thinks that police investigation is illegal.

d) If the aggrieved party thinks that the police has done that investigation through
illegal transaction.

e) If the aggrieved party thinks that the police has done that investigation by
influenced politically.

f)If the aggrieved party thinks that the police taking witness by undue influence or
coercion.

g) If the aggrieved party thinks that the investigation is incomplete one.

h) If the aggrieved gets evidence that he was negligent at the time of performing his
duty.

Taking Cognizance

MEANING OF TAKING COGNIZANCE

The term 'cognizance' is used in the Code to indicate the point when a Magistrate or a
judge first takes judicial notice of an offence. It merely means 'become aware of and
when used with reference to a court or Judge, 'to take notice judicially.

Hence, taking cognizance of an offence' means 'taking notice of an offence' which

includes the intention of initiating judicial proceedings against the offender in respect
of that offence or taking steps to see whether there is any basis for initiating judicial
proceedings or for other purpose. It signifies any judicial action permitted by the Code
taken with a view to eventual prosecution preliminary to the commencement of the
inquiry or trial.

Taking cognizance does not involve any formal action, or indeed action of any kind,
but occurs as soon as a Magistrate, as such, applies his or her mind to the suspected
commission of an offence for the purpose of proceeding to take subsequent steps
towards inquiry or trial.
 5

offence' includes- (a) to take notice of an offence with the intention of initiating judicial
proceedings in respect of that offence; or (b) to take notice of an offence with a view to
take step

to see whether there is any basis for initiating judicial proceedings against the offender
in respect of the offence; or (c) to take notice of an offence for other purposes, 5

COGNIZANCE OF OFFENCES BY MAGISTRATE In any Metropolitan area,

the following types of

Magistrates may take cognizance of an offence-

(1) Chief Metropolitan Magistrate;

(2) Additional Chief Metropolitan Magistrate

(3) Metropolitan Magistrates.

In any district (not being a Metropolitan area), any of the following types of
Magistrates may take cognizance of an offence.

(1) Chief Judicial Magistrate;

(2) Additional Chief Judicial Magistrate;

(3) Magistrate of the first class;

(4) Other Magistrates especially empowered by the Government to take

cognizance of an offence under s 190(2-3);

(5) Other Magistrates especially empowered by the Chief Judicial Magistrate to

take cognizance of an offence under s 190(2).
 6

The aforesaid Magistrates may take cognizance of any offence upon-

(a) receiving a complaint of facts which constitute such offence; or

(b) a report in writing of such facts made by any police officer; or

(c) information received from any person other than a police officer; or

(d) his or her own knowledge or suspicion, that such offence has been committed.

Transfer of the Case

Transfer of cases under the Code of Criminal Procedure (CrPC) refers to moving a
criminal case or appeal from one court to another within the same jurisdiction or to a
different jurisdiction. The CrPC contains provisions that empower higher judicial
authorities to transfer cases and appeals under specific circumstances to ensure a fair
trial, uphold the principles of justice and promote the convenience of the parties
involved in the litigation.

The nature of the trial or the relief granted to the parties involved remains unchanged
when a case is transferred. The power to transfer of cases in CrPC is granted to various
authorities, including the Supreme Court, High Courts, Sessions Judges, Chief Judicial
Magistrates, and Executive Magistrates, depending on the level and nature of the case.
The reasons for such transfers could be related to jurisdictional issues or concerns
about the court’s composition.

The principle of delivering justice fairly and transparently is always upheld throughout
the judicial system. The judiciary is the cornerstone of ensuring justice and has
consistently maintained a strict stance on the impartiality of trial procedures. Both the
civil and criminal codes of procedure offer valid justifications for transferring cases
between courts.

Types of Transfer of Cases under the Criminal Procedure Code, 1973

Under the Code of Criminal Procedure, there are six types of transfers of cases:
● The Supreme Court can transfer cases from one state to another state.
● A state’s High Court can transfer cases from one court to another with equal or
superior jurisdiction or even transfer a case to itself.
● The Sessions Judge can transfer cases from one court in their Sessions Division
to another.
 7

● The Sessions Judge can withdraw cases from Additional Sessions Judges,
Assistant Sessions Judges, or the Chief Judicial Magistrate.
● The Chief Judicial Magistrate can withdraw cases from any magistrate under
their command.
● Executive magistrates, including district and sub-district magistrates, can
dismiss cases.

Trail Stage

Framing of Charge

The object of framing a charge is to enable an accused person to know the substantive
charge which he or she will have to meet at the trial. In other words, its object is to
ensure that the accused may have as full particulars as are possible of the accusation
brought against him or her so that the accused can concentrate on the case that he or
she has to face.

An accused is entitled to know with certainty and accuracy the exact nature of the
charge brought against him or her and unless he or she has this knowledge he or she
will be seriously prejudiced in his or her defence. Charge serves the purpose of notice
or intimation to the accused person, drawn up according to specific language of law
giving clear and unambious or precise notice of the nature of accusation that the
accused is called upon to meet in the course of a trial.

CONTENTS OF CHARGE

Section 221 CrPC mentions the details to be given in the charge specifying the offence
with which the accused is charged. This section lays down that-

1.Every charge must state the offence with which the accused is charged.

2. If the law which creates the offence, gives it any specific name, the offence may be
described in the charge by that name only. For example: Rana is accused of murder,
cheating, theft, extortion, adultery or criminal intimidation.

The charge may state that Rana committed murder, cheating, theft, extortion, adultery
 8

or criminal intimidation without reference to the definitions of those crimes contained

in the Penal Code. However, the sections under which the offence is punishable must,
in each instance, be referred to in the charge.

3. If the law, which creates the offence, does not giveit any specific name, so much of
the definition of the offence must be stated as to give the accused notice of the matter
with which he or she is charged.

For example: Rana is charged, under section 184 of the Penal Code with intentionally
obstructing a sale of property offered for sale by the lawful authority of a public
servant. The charge should be in those words.

4. The law and section of the law against which the offence is said to have been
committed must be mentioned in the charge.

5. If the accused having been previously convicted of any offence is liable, by reason of
such previous conviction, to enhanced punishment, or to e punishment of a different
kind, for a subsequent offence, and it is intended to prove such previous conviction for
the purpose of affecting punishment which the court may think fit to award for the
subsequent offence, the fact, date and place of the previous conviction will be stated in
the charge. If such statement is omitted, the court may add it at any time before the
sentence is passed. In this regard, the provisions of s 307 PC concerning the offence of
attempt to murder by life convict may be cited as the relevant example.

In addition, under s 222 CrPC, the charge must contain the following particulars-

1.The particulars as to the time and place of the alleged offence, and the person (if any)
against whom, or the thing (if any) in respect of which, it was committed, as are
reasonably sufficient to give the accused notice of the matter with which he or she is
charged.

When the accused is charged with criminal breach of trust or dishonest

misappropriation of money or other movable property, the gross sum or, as the case
may be, description of the movable property in respect of which the offence is alleged
to have been committed, and the dates between which the offence is alleged to have
been committed, without specifying particular items or exact dates. However, the time
included between the first and last of such dates will not exceed one year.
 9

Furthermore, according to s 223 CrPC, when the nature of the case is such that the
particulars mentioned in ss 221 and 222 CrPC do not give the accused sufficient notice
of the matter with which he or she is alleged, the charge will also contain such
particulars of the manner in which the alleged offence was committed as will be
sufficient for that purpose. Illustrations

(a) If A is accused of cheating B at a given time and place, the charge must set out the
manner in which A cheated B.

(b) A is accused of giving false evidence at a given time and place. The charge must set
out that portion of the evidence given by A which is alleged to be false

Plea & Conviction

Conviction of plea of guilty

(265E of CRPC)

If the accused pleads guilty, the Court shall record the plea and may, in its discretion,
convict him thereon.

(243 of CRPC) If the accused admits that he has committed the offence with which he
is charged], his admission shall be recorded as nearly as possible in the words used by
him; and, if he shows no sufficient cause why he should not be convicted, the
Magistrate may convict him accordingly.

Hearing/Taking Evidence/Examination Etc.

Manner of recording evidence

354. In inquiries and trials (other than summary trials) under this Code by or before a
Magistrate or Sessions Judge, the evidence of the witnesses shall be recorded in the
following manner.
 10

Examination of accused how recorded

364.

1 Whenever the accused is examined by any Magistrate, or by any Court other than
High Court Division the whole of such examination, including every question put to
him and every answer given by him, shall be recorded in full, in the language in which
he is examined, or, if that is not practicable, in the language of the Court or in English:
and such record shall be shown or read to him, or, if he does not understand the
language in which it is written, shall be interpreted to him in a language which he
understands, and he shall be at liberty to explain or add to his answers.

2 When the whole is made conformable to what he declares is the truth, the record shall
be signed by the accused and the Magistrate or Judge of such Court, and such
Magistrate or Judge shall certify under his own hand that the examination was taken in
his presence and hearing and that the record contains a full and true account of the
statement made by the accused.

3 In cases in which the examination of the accused is not recorded by the Magistrate or
Judge himself, he shall be bound, as the examination proceeds, to make a memorandum
thereof in the language of the Court, or in English, if he is sufficiently acquainted with
the latter language; and such memorandum shall be written and signed by the
Magistrate or Judge with his own hand, and shall be annexed to the record. If the
Magistrate or Judge is unable to make a memorandum as above required, he shall
record the reason of such inability.

4 Nothing in this section shall be deemed to apply to the examination of an accused

person under section 263.

Judgment

Criminal Cases are tried before the Judicial Magistrate and/or the Session Judge court
as per their nature and procedure.

Trail By Magistrate:

Section 241 of CrPC: Procedure in Cases.

Section 241A of CrPC: When accused shall be discharged.
Section 242 of CrPC: Charge to be framed.
Section 243 of CrPC: Conviction on admission of truth of accusation
 11

Section 244 of CrPC: Procedure when no such admission is made.

Section 245 of CrPC: Acquittal or Sentence
Section 247 of CrPC: Non-appearance of Complainant
Section 2418 of CrPC: Withdrawal of Complaint
Section 249 of CrPC: Power to stop proceedings when no complainant.

Trail by Court of Session:

Section 265A of CrPC: Trail to be conducted by Public Prosecutor

Section 265B of CrPC: Opening Case for Prosecution
Section 265C of CrPC: Discharge
Section 265D of CrPC: Framing Charge
Section 265E of CrPC: Conviction of Plea of Guilty
Section 265F of CrPC: Date for prosecution evidence
Section 265G of CrPC: Evidence of Prosecution
Section 265H of CrPC: Acquittal
Section 265I of CrPC: Entering upon Defence
Section 265J of CrPC: Arguments
Section 265K of CrPC: Judgment of Acquittal or Conviction

Conclusion

In conclusion, the criminal cases procedure is a crucial and complex aspect of the legal
system, serving to uphold justice and ensure the fair treatment of individuals accused of
committing crimes. Throughout the process, from investigation to trial and potential
appeal, various stakeholders, including law enforcement, prosecutors, defense
attorneys, judges, and juries, play distinct roles in seeking the truth and determining
guilt or innocence.

Throughout this process, the protection of the accused's constitutional rights is

paramount, including the right to a fair trial, the presumption of innocence, and
protection from unreasonable searches and seizures. The criminal procedure strives to
balance the interests of justice, public safety, and individual rights, aiming for an
equitable resolution in each case.
 12

Bibliography

1. The Code of Criminal Procedure,1890

2. Law of Criminal Procedure by Sarkar Ali Akkas
3. https://www.judiciary.org.bd/sites/default/files/Article/life-cycle-of-criminal-cas
e.pdf
4. https://royandassociates.com.bd/criminal-proceeding-in-bangladesh/
5. https://www.pathlegal.in/All-Courts-in-Bangladesh,-Types-of-Criminal-Case-an
d-Stages-of-blog-2383547