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Assignment on
“Criminal Court Function and Jurisdiction including Court visiting
Experience”

Course Code: LLBH-305

Course Title: Criminal Procedure of Bangladesh

Prepared for
Md. Abu Nayeem Miazi
Assistant Professor
Department of Law, GUB

Prepared by
Kamrul Hasan
ID: 182011021
Program: LL.B (Hon‟s)

Date of Submission: 10/01/2024

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Contents

CHAPTER: ONE .............................................................................................................. 3

Introductory Issues ....................................................................................................... 3
1.1 Introduction ....................................................................................................................... 3
1.2 Objectives of the assignment ............................................................................................ 3
1.3 Methodology of the assignment ........................................................................................ 3
CHAPTER: TWO ............................................................................................................. 5
The Structure of Criminal Courts ............................................................................... 5
(1) Classification of Criminal Courts in Bangladesh .............................................................. 5
(1.2). Courts Constituted Under any law ................................................................................ 6
(1.3). Court of Sessions ........................................................................................................... 6
(1.4). Court of Magistrate‟s .................................................................................................... 7
(1.4A). Judicial Magistrate‟s: ................................................................................................. 7
(1.4B). Executive Magistrate‟s ............................................................................................... 8
CHAPTER: THREE......................................................................................................... 9
 Powers of Criminal Courts to trial and Sentencing .......................................................... 9
 Court of Sessions.............................................................................................................. 9
 Court of Magistrate‟s ....................................................................................................... 9
 Special Power of Magistrate‟s to trial ............................................................................ 10
 Sentences which Magistrates may pass .......................................................................... 10
 Special powers of certain Magistrates to passing sentence ............................................ 10
 Executive Magistrate‟s ................................................................................................... 10
CHAPTER: FOUR ......................................................................................................... 11
CHAPTER: FIVE ........................................................................................................... 15
CHAPTER: SIX .............................................................................................................. 15
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CHAPTER: ONE
Introductory Issues

1.1 Introduction
The criminal justice system is a multifaceted structure designed to maintain social
order, protect individual rights, and administer justice through a fair and impartial
process. At the heart of this system are criminal courts, pivotal institutions
responsible for adjudicating cases involving alleged violations of criminal law.
Criminal courts play a crucial role in ensuring justice is served, balancing the
interests of the accused, the victims, and society at large.

1.2 Objectives of the assignment

The objective of the assignment on criminal courts is to provide a comprehensive
understanding of the role, structure, and functioning of criminal courts within the
broader context of the criminal justice system. Key objectives include:

Educational Purpose:

 Knowledge Acquisition: To enable readers to acquire a thorough

knowledge of the purpose, structure, and processes of criminal courts.
 Legal Concepts: To familiarize readers with fundamental legal concepts
such as due process, the adversarial system, and legal protections inherent in
criminal court proceedings.

1.3 Methodology of the assignment

The methodology of the assignment on criminal courts involves a structured and
systematic approach to research, analysis, and presentation. Here is a suggested
methodology:
1. Literature Review: Review academic sources for foundational knowledge.
2. Case Studies: Analyze relevant cases to illustrate key concepts.
3. Legal Research: Study statutes, case law, and legal databases.
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4. Interviews: Obtain insights from legal professionals and experts.

5. Comparative Analysis: Contrast adversarial and inquisitorial systems.
6. Document Analysis: Examine legal documents to support arguments.
7. Surveys: Collect data on public perceptions and legal effectiveness.
8. Ethical Considerations: Address ethical challenges in criminal court proceedings.
9. Drafting and Revision: Organize, draft, and revise the assignment.
10. Presentation: Choose a suitable format and enhance with visual aids.
11. Citations: Use proper citation style for academic integrity.

1.4 Limitation of the assignments:

1. Scope Constraints: May not cover all legal nuances or regional variations.
2. Time Constraints: Limited time may lead to a more generalized overview.
3. Information Availability: Restricted access to documents, cases, or experts may
limit depth.
4. Dynamic Legal Landscape: May not capture the latest legal developments.
5. Bias and Subjectivity: Personal biases or biased sources may influence content.
6. Generalization: Could oversimplify complex legal concepts or procedures.
7. Lack of Practical Experience: Limited insights from firsthand legal practice.
8. Language Complexity: Legal language may pose challenges for non-legal
readers.
9. Social and Cultural Factors: May not fully consider cultural impacts on court
dynamics.
10. Incomplete Perspectives: Interviews or surveys may not represent all stakeholder
viewpoints.
11. External Factors: Unforeseen events or policy changes may affect relevance
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CHAPTER: TWO
The Structure of Criminal Courts

The word “Criminal Court” means a legal court that deals with criminal cases or a
court that has jurisdiction to try and punish a person who has committed and
offence. Hereinafter, the word “offence” means any act or omission made
punishable by any law for the time being in force.
In Bangladesh, the criminal courts are divided in various categories and each court
has specific jurisdiction to trial an offence and sentencing the accused if he has
been proven guilty beyond reasonable doubt.
In this article i will try to discuss about the “Classification & Power of Criminal
Courts in Bangladesh to trial and sentencing” with details & also with relevant
provisions of law.
So Let‟s start……

(1) Classification of Criminal Courts in Bangladesh

Section 6(1) of the Code of Criminal Procedure, 1898 (Hereinafter later mentioned
as CrPC) states that, “Besides the Supreme Court and the Courts constituted under
any law for the time being in force, other than this Code, there shall be two classes
of Criminal Courts in Bangladesh, namely:-
(a) Courts of Sessions ; and
(b) Courts of Magistrates.
In this Section we found 4 categories of Criminal Courts, as follows:
1. Supreme Court of Bangladesh.
2. Courts Constituted Under any law.
3. The Court of Sessions; and
4. The Court of Magistrate.
Let‟s discuss about all 4 types of courts mentioned above-
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(1.1) Supreme Court of Bangladesh:

Bangladesh Supreme Court is the highest court of Bangladesh. It consists of two
divisions,
1. The High Court Division; and
2. The Appellate Division.
Remember that, there is no separate court as named ” High Court” existing in
Bangladesh. The existing one is the „High Court Division‟ which is a division of
Bangladesh Supreme Court and subordinate to the Appellate Division.

(1.2). Courts Constituted Under any law

Such courts may be called as special court. Special Courts are such courts that are
established under any special law with jurisdiction for a particular matter. It deals
with the specific matter as the law referred on it.
some example of this types of courts are:
(a). Cyber Crime Tribunal which is established under “Information and
Communication Technology Act, 2006″…
(b). Nari o shishu Nirjaton Daman Tribunal which is constituted under the ” Nari o
Shishu Nirjaton Daman Ain, 2003″.

(1.3). Court of Sessions

According to Section 7 of the CrPC, Bangladesh shall consist of sessions divisions:

and every sessions division shall, be consist of one or more districts. And
According to Section 9(1) of the code, the government shall established a court of
sessions in every session division, which in Metropolitan area introduced as “The
Metropolitan Court of Sessions”.
After analysis of Section 9 of the code, we found three parts or judges in the court
of sessions as follows:
(a). Session Judge,
(b). Additional Session Judge.
(c) Joint Session Judge.
In Metropolitan area, such Judges shall introduced as:
a. Metropolitan Session Judge,
b. Metropolitan Additional Session Judge, and
c. Metropolitan Joint Session Judge.
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all the judges are appointed from the members of Bangladesh Judicial Service in
accordance with the provision made by the president under the power conferred on
him through article 115 and article 133 of the „Constitution of the People‟s
Republic of Bangladesh, 1972‟.

(1.4). Court of Magistrate‟s

Section 6(2) of CrPC divided court of magistrate‟s into two categories. Though this
divisions comes after the last amendment to the CrPC on 2009 as the result of the
judgement on Masdar Hossain case (separation of judiciary) by the SCB. From
then, the magistrate courts are divided into two categories, as:
1. Executive Magistrate.
2. Judicial Magistrate.

(1.4A). Judicial Magistrate‟s:

We will discuss about the executive magistrate later in this article. Now we are
going to discuss about the Court of Judicial Magistrate‟s.
Under section 6(3) of the code, there are four types of judicial magistrate‟s in
Bangladesh, as follows-
a. Chief Metropolitan Magistrate in Metropolitan areas and Chief Judicial
Magistrate in other areas.
b. Magistrate of the 1st class who shall introduced as Metropolitan Magistrate in
metropolitan area.
c. Magistrate of the second class.
d. Magistrate of the third class.
Note that, the word “Chief Judicial Magistrate” includes the word “Additional
Chief Judicial Magistrate”; and the word ” Chief Metropolitan Magistrate”
includes the word “Additional Chief Metropolitan Magistrate “.
If we divide such magistrate courts separately in respect of the Metropolitan area
and others area, then the classifications of judicial magistrate‟s court‟s become as
follows-
*In Others than metropolitan area, the magistrates court shall –
1. Chief Judicial Magistrate / Additional Chief Judicial Magistrate.
2. Magistrate of the first Class who are generally known as „Senior Judicial
Magistrate‟.
3. Magistrate of the Second Class.
4. Magistrate of the third class.
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Note: (a) The word ” Senior Judicial Magistrate” is not stated under CrPC, it
comes/constituted from the „Bangladesh Judicial Service Commission Rules,
2007‟.
(b) the magistrate‟s of the second and third classes are known as Judicial
Magistrate‟s.
*In Metropolitan area, the court of magistrate‟s shall-
a. Chief Metropolitan Magistrate/ Additional Chief Metropolitan Magistrate.
b. Metropolitan Magistrate (Magistrate of the first class).
Note: there are no second class or third class magistrate in Metropolitan area; and
the CJM/ACJM, CMM/ACMM all are also first class magistrate.

(1.4B). Executive Magistrate‟s

According to section 10 of the code, the government shall appoint as many persons
as executive magistrate as the government think fits and shall appoint government
as District Magistrate.
The government shall appoint any Executive Magistrate to be an Additional
District Magistrate.
That means there are three kinds of executive magistrate, as:
a. District Magistrate,
b. Additional District Magistrate.
c. Others Executive magistrate.
there are also another kinds of executive magistrate called “Special Executive
Magistrate ” that are appointed by the government from any person, in respect of
particular cases or a particular class or classes of cases, or in regard to cases
generally in any local area outside a Metropolitan area.
Territorial area: The Government may, or subject to the control of the Government,
the District Magistrate may, from time to time, by order define territorial areas for
the executive Magistrate‟s.
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CHAPTER: THREE
Jurisdiction of Criminal Court

 Powers of Criminal Courts to trial and Sentencing

The power of criminal courts to trial and sentencing are stated under difference
sections of the CrPC. However before discussing about the powers of such court,
we should bear in mind that, power to trial offence and power to sentencing is
totally different concept.
Now, Let‟s see the powers separately:

 Court of Sessions

According to Section 28 of CrPC the Court of Sessions shall also try any offences
as per column 8, Schedule 2 of the Code.
Moreover, Some specific offences such as Murder, culpable homicide, attempt to
commit suicide etc are exclusively triable by the Court of Sessions.
However, According to Section 31(2) the Session Judge and Additional Session
Judge may pass any sentence according to the law; but if they pass any death
sentence then the sentence shall be executed after the confirmation by he High
Court Division.
The Joint Session Judge has the power to impose a maximum sentence of
imprisonment not exceeding 10 years.

 Court of Magistrate‟s

Section 28 of CrPC also imposed power to magistrate‟s to try offences as per

column 8, Schedule 2 of the Code.
However, as per section 29(b), Any offence, other than punishable with death or
transportation for life, committed by any person under the age of fifteen years, may
be tried by the Chief Judicial Magistrate or the Chief Metropolitan Magistrate or
by any Magistrate specially empowered by the Government to exercise.
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 Special Power of Magistrate‟s to trial

Section 29(c) of the code states about special powers of magistrate‟s to trial an
offences. Under this section, the government may in consultation with the HCD
invests powers to the:
(a) CJM, ACJM, CMM to try as a Magistrate all offences not punishable with
death;
(b) Metropolitan Magistrate or any Magistrate of the first class to try as a
Magistrate all offences not punishable with death or with transportation or with
imprisonment for a term exceeding ten years.

 Sentences which Magistrates may pass

As per section 32 of the code, the Courts of Magistrates may pass the following
sentences:-
(a) Magistrates of the first class may pass Imprisonment for a term not exceeding
five years, including such solitary confinement as is authorized by law; and Fine
not exceeding ten thousand taka Whipping.
(b) Magistrates of the second class may pass Imprisonment for a term not
exceeding three years, including such solitary confinement as is authorized by law;
and Fine not exceeding five thousand taka ;
(c) Magistrates of the third class may passes Imprisonment for a term not
exceeding two year; and Fine not exceeding two thousand taka.

 Special powers of certain Magistrates to passing sentence

as per section 33(A) of the code, The Court of a Magistrate, which are specially
empowered by the government under section 29(C), may pass any sentence
authorized by law, except a sentence of death or of transportation or imprisonment
for a term exceeding seven years.

 Executive Magistrate‟s

Basically, as per section 10 of the Code, the Executive Magistrate‟s are appointed
from the members of „Bangladesh Civil Service(Admin)‟ ; and the Ac(Land),
ADC, UNO shall be the executive magistrate in their respective area. By this
provision, it is clear that the Executive Magistrate‟s are the part of Executive
Department and they are not a part of Judiciary. So, In generally the executive
magistrate haven‟t any jurisdiction to try any offence and sentencing a person.
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But Under Section 11(4) of the code, the government may conferred power to an
executive magistrate to perform the functions of a Judicial Magistrate for a period
to be determined in consultation with the High Court Division. However such
provision is basically for the time of emergency.
Moreover, Under “The Mobile Court Act, 2009” the powers to trial and sentencing
has been conferred to an executive magistrate with two conditions as provided
under section 6 of the Act.
The two conditions are:
1. The offense shall observed or committed in front of the magistrate; and,
2. The accused shall makes confession before the magistrate.
If such conditions mentioned above are fulfilled, only then an Executive
Magistrate can take cognizance of an offence and pass any sentence in accordance
with law.

CHAPTER: FOUR
Details of Visiting Court
Visiting Date: 31/12/2023
Visiting District: Narayangonj
Visiting Details:
Session Court
Session Division of Narayangonj1
Sl. Name of the Name of the Name of Name of Remarks
No Court Judge/ Shereta Public
Magistrate Prosecutor
1 Session Judge Mohammad Abdullah Adv. Md. Annexure-
Court Asshams Joglul Al Baki Monirujjaman 01
Hossen Bulbul
2 Nari o Shishu Najmul Hoque Adv. Rokib Annexure-2
Tribunal Shemol

3 Additional Ummey Annexure-3

Session Judge Soraban Tahura

1
Under section-7 (CrPC)
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Court-01
4 Additional Shammi Akhter Annexure-4
Session Judge
Court-02
5 Additional Mohammad Annexure-5
Session Judge Sahabuddin
Court-03
6 Additional Md. Aminul Annexure-6
Session Judge Hodue
Court-04
7 Joint Session Md. Annexure-7
Judge Court-01 Akterujjaman
Bhuyan

8 Joint Session Kazi Yeasmin Annexure-8

Judge Court-02 Habib
9 Joint Session Masuda Annexure-9
Judge Court- Yeasmin
03
10 Joint Session Farjana Akter Annexure-
Judge Court- 10
04
11 Chief Judicial Md.Abdur Annexure-
Magistrate Rahaman 11
Court
(Cognizance
court-5)
12 Additional Mohammad Annexure-
Chief Judicial Bodiujjaman 12
Magistrate
(Cognizance
court-3)
13 Senior Judicial Md. Imran Annexure-
Magistrate Mollah 13
(Cognizance
court-1)
14 (Cognizance Shamshed Annexure-
court-6) Begum 14
Senior Judicial
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Magistrate

15 Senior Judicial Nusrat Shahaba Annexure-

Magistrate Bithi 15
(Cognizance
court-2)

16 (Cognizance Sanjida Sarkar Annexure-

court-4) 16
Senior Judicial
Magistrate

17 (Cognizance KaziMohammad Annexure-

court-7) Mohosen 17
Senior Judicial
Magistrate

18 (Cognizance Mohammad Annexure-

court-8) Shamsur 18
Senior Judicial Rahaman
Magistrate

19 (ADM Court) Moushumi Bain Annexure-

Additional Hira 19
District
Magistrate
(ADM)

20 (Executive Khadiza Begum Annexure-

Magistrate 20
Court)
Executive
Magistrate

21 (Executive Arafat Noman Annexure-

Magistrate 21
Court)
Executive
Magistrate
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22 (Executive Farashid-Bin - Annexure-

Magistrate Enam 22
Court)
Executive
Magistrate

23 (Executive Hossain Annexure-

Magistrate 23
Court)
Executive
Magistrate

24 (Executive Mohammad Annexure-

Magistrate Assaduzzaman 24
Court) Nur
Executive
Magistrate

25 (Executive Md. Tamsid Annexure-

Magistrate Imran Khan 25
Court)
Executive
Magistrate
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CHAPTER: FIVE
Experiences and observations

It was not first time of my court visiting in that day. But the experience and
observation was so deference other than the days I have visited. Though taking
photo in front of Magistrate and Judges Personal Chamber and Court room strictly
was prohibited, with so hesitation, I took all of the photos attached here. Many of
my friends, who are practicing in the court as a lawyer, helped me to find out all
the courts and by giving information. By collecting information and finding court
were a new learning for me and for that a lot of thanks deserve my course teacher,
honorable Abu Nayeem Miazi.

CHAPTER: SIX
Conclusion
In conclusion, the Criminal Courts of Bangladesh, consisting of Magistrates'
Courts, Sessions Courts, and Specialized Tribunals, administer justice for various
criminal offenses. The High Court Division and Appellate Division of the Supreme
Court oversee appeals and protect fundamental rights. The hierarchical structure
ensures a fair trial process, reflecting Bangladesh's commitment to a just legal
system. It is advisable to consult current legal statutes for the latest information.
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Annexure-01
Court Name: District Session Court
Name of the Magistrate/ Judge: Session Judge
Picture of the court:

Annexure-02
Court Name: Nari o Shisu Tribunal
Name of the Magistrate/ Judge: Session Judge
Picture of the court:
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Annexure-03
Court Name: Additional Session Judge Court-01
Name of the Magistrate/ Judge: Ummey Suraban Tahura
Picture of the court:

Annexure-04
Court Name: Additional Session Court-02
Name of the Magistrate/ Judge: Shammi Akhter
Picture of the court:

Annexure-04
Court Name: Additional Session Court-03
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Name of the Magistrate/ Judge: Shammi Akhter

Picture of the court:

Annexure-05
Court Name: Additional Session Court-04
Name of the Magistrate/ Judge: Mohammad Sahabuddin
Picture of the court:

Annexure-06
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Court Name: Additional Session Court-05

Name of the Magistrate/ Judge: Md. Aminul Hodue
Picture of the court:

Annexure-07
Court Name: Additional Joint Session Court-
01
Name of the Magistrate/ Judge: Md. Akterujjaman Bhuyan
Picture of the court:
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Annexure-08
Court Name: Additional Joint Session Court-02
Name of the Magistrate/ Judge: Kazi Yeasmin Habib
Picture of the court:

Annexure-09
Court Name: Additional Joint Session Court-03
Name of the Magistrate/ Judge: Masuda Yeasmin
Picture of the court:

Annexure-10
Court Name: Additional Joint Session Court-04
Name of the Magistrate/ Judge: Farjana Akter
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Picture of the court:

Annexure-11
Court Name: Chief Judicial Magistrate Court (Cognizance court-5)
Name of the Magistrate/ Judge: Md.Abdur Rahaman
Picture of the court:

Annexure-12
Court Name: Additional Chief Judicial Magistrate(Cognizance court-3)
Name of the Magistrate/ Judge: Mohammad Bodiujjaman
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Picture of the court:

Annexure-13
Court Name: Senior Judicial Magistrate (Cognizance court-1)
Name of the Magistrate/ Judge: Md. Imran Mollah
Picture of the court:

Annexure-14
Court Name: Senior Judicial Magistrate (Cognizance court-6)
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Name of the Magistrate/ Judge: Shamshed Begum

Picture of the court:

Annexure-15
Court Name: Senior Judicial Magistrate (Cognizance court-2)
Name of the Magistrate/ Judge: Nusrat Shahaba Bithi
Picture of the court:

Annexure-16
Court Name: Senior Judicial Magistrate (Cognizance court-4)
Name of the Magistrate/ Judge: Sanjida Sarkar
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Picture of the court:

Annexure-17
Court Name: Senior Judicial Magistrate
(Cognizance court-7)
Name of the Magistrate/ Judge: Kazi Mohammad Mohosen
Picture of the court:

Annexure-18
Court Name: Senior Judicial Magistrate (Cognizance court-8)
Name of the Magistrate/ Judge: Mohammad Shamsur Rahaman
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Picture of the court:

Annexure-19
Court Name: Additional District Magistrate (ADM) (ADM Court)
Name of the Magistrate/ Judge: Moushumi Bain Hira
Picture of the court:

Annexure-20
Court Name: Executive Magistrate Court
Name of the Magistrate/ Judge: Khadiza Begum
Picture of the court:
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