ল হ িবিড বাংলা About Team  Write Here Why to write at Law Help BD?

Why to write at Law Help BD? FAQ Help Us Web Mail Get Legal Help  Contact us 

Legal education, Lawyers & Legal Aid

Home All Act Article Civil  Criminal  Procedure  Personal Law  Skill  Others  Get Legal Help Legal Video

FOLLOW:    CRIMINAL LAW / ADVOCACY / ARTICLE / PROCEDURE 1 MORE

NEXT STORY

Criminal Laws and the Constitution of

Bangladesh
 Trial steps (Criminal Procedure)
YOU MAY NEED TO KNOW
PREVIOUS STORY BY LAW HELP BANGLADESH · PUBLISHED FEBRUARY 8, 2016 · UPDATED MARCH 17, 2019
About Us
 Hierarchy of Courts in Bangladesh The person who listens to the criminal cases as presented by police or by any other party Terms of Service
(i.e victim or his/her relatives) is known as “Magistrate” (Judge). Before the start of a trial Copyright
SEARCH (Criminal) the magistrate takes cognizance of the o ence in di erent three ways, which Disclaimer
Privacy Policy
 Search … Search are mentioned in section 190 of the criminal procedure code and are as follow:
Contact Us

1. upon complaint.
2. upon police report or FIR
LAWYER AT SERVICE
3. upon information of any person other than police.
Free (Online) Legal Help
Professional Legal Help / Service
A trial is conducted by the magistrate in accordance with the following procedure
Search in the network
provided in CrPC.
ল হ িবিড (বাংলায়)

1. Submission of charge sheet or challan or inquiry report:

The procedure in court for conducting a trial of an o ence begins after the inquiry or
investigation. Under section 173 CrPC, the police o cer made charge sheet which is also
known as challan or completion report, and forward the same through public prosecutor
CATEGORIES
to the magistrate who has jurisdiction for conducting the trial.
Select Category
2. Commencement of proceeding:

According to section 204, if in the opinion of the court taking cognizance of an o ence,
there are su cient grounds for proceedings, then if the case appears a summon case,
summon shall be issued for the attendance of accused, and if the case appears a warrant
case, a warrant may be issued for causing the accused to be brought before the court.

Image: Argument by Lawyer in a Court

3. Procedure in trial of a case

According to chapter 20 of the CrPC, section 241-A states that the court shall supply free
of cost all statements and documents to the accused, not less than seven days before the
commencement of trial.

4. Charge to be framed.
According to sections 242 and 243 CrPC, when the accused appears or is brought before
the magistrate, a formal charge shall be framed relating to the o ence of which he is
accused. And he shall be asked whether he pleads guilty or not, If he pleads guilty, his
admission shall be recorded in words used by him. If the accused says “I do not plead guilty
I claim trial”, then the court is bound to proceed according to law by examining the
witnesses of the prosecution and defence.

5. Examination of witnesses:
According to section 244, the magistrate shall on the application of complainant or
accused, issue summon to any witness directing him to attend or to produce any
documents or materials.

So rstly it is the duty of complainant to call his witnesses for recording evidence under
section 164 CrPC, for the purpose of proving his allegations, which he has imposed on
accused.

Secondly, the magistrate is bound to examine all the witnesses produced by the accused
in his defence.

At the time of recording statement of every witness, the following are the rights of either
party:-

To examine-in-chief, the witness, “the party who call it”

To cross-examine, ” every witness of adverse party”.
To re-examine the witness, ” the party who called it if necessary”.

6. An opportunity to the accused of giving statement.

At this stage of the trial the court gives an opportunity to the accused, that if he wants to
prove himself innocent, he may record his statement in this behalf.

According to section 340 subsection 2 of CrPC, Any person accused of an o ence before a
criminal court, such accused if he does not plead guilty may record his statement on oath
in disproof of the charges or allegations levelled against him, and after this, the accused
shall be cross-examined by the prosecution.

7. Arguments.

The accused should be at liberty at all times to be defended by a pleader, and at this stage
of the trial, the pleader of the accused and public prosecutor may give their arguments in
respect of legal and factual questions involved in the case.

8. Order of acquittal or sentence.

According to section 245 CrPC, if the magistrate upon taking the evidence referred in
section (244), and such further evidence if any, and after examining the accused, nds the
accused not guilty, the magistrate shall record an order of his acquittal.

Where the magistrate upon taking the evidence referred in section (244), and such further
evidence if any, and after examining the accused, nds the accused guilty of an o ence,
he shall pass a sentence upon him.

Help others by sharing

Law Help BD is a platform to share legal knowledge, it is not an alternative to a lawyer. A lawyer needs to research and try
various strategy to get the best outcome for his client which can be di erent than a general explanation of the law.
Therefore, it is advised to get an experienced lawyer if there is any speci c problem to deal with, you can also hire us or try
our legal support o ers or just e-mails us at lawhelpbd@gmail.com

Tags: After The case Charge Frame Charge Sheet Court Criminal Procedure Inquary Magistrate Steps trial

Law Help Bangladesh

This is a common pro le to post random articles from the net and other sources, generally,

we provide original author's information if found, but sometimes we might miss. Please
inform us if we missed any or if you are aggrieved on any post, we will remove or re-post it
with your permission.

 YOU MAY ALSO LIKE...

0 0 0

Inherent power of the court Judicial attitude: reluctant

under CPC [section 151] A Guide to Future Lawyers or over enthusiastic?
to Enhance Their Skills
SEPTEMBER 23, 2020 MAY 20, 2018
FEBRUARY 1, 2018

1 RESPONSE

 Comments 1  Pingbacks 0

eliya wattoo  May 31, 2018 at 3:41 am

Outstanding !
Reply

LEAVE A REPLY

Comment *

Name * Email *

Website

Post Comment

User Guideline Want to ask a Question? Disclaimer The Team


Powered by  - Designed with the Hueman theme
  