Md Asraful Islam

AN OVERVIEW OF G1924885

THE COURT SYSTEM OF BANGLADESH PhD Research Fellow

Ahmed Ibrahim Kulliyyah of Laws (AIKOL)
International Islamic University Malaysia (IIUM)
 • Independence : 26 March 1971
• Adoption of Constitution : 4 November 1972
• Enforcement of Constitution : 16 December
Bangladesh 1972
at a Glance • Parliamentary form of Government
• Current Prime-Minister : Sheikh Hasina
• Population : 164.7 Million (World Bank, 2017)
 Hindu Period (400 BC - 1100 AD)
Muslim Period (1100 AD – 1857 AD)
Historical British Period (1757 AD – 1947 AD)
Background Pakistan Period (1947 AD – 1971 AD)
Bangladesh Period (1971 AD – Current)
  India was divided into independent states.
 Each state was ruled by a King.
Hindu
 No formal court system.
Period  King’s Court, Chief Justice’s Court, Town
Court, Village Court (Kulani).
  Invaded by Turkish Muslims in 1100 AD.
 Sultanate (1206-1526 AD) and Mughal
Period (1526-1947 AD).
Muslim  Gradation of Administration (Capital,
Period Province, District, Parganah, Village).
 Courts in each grade.
 Administration of justice based on Q’uran
and Sunnah.
  British East India Company arrived in 1608.
Business purpose.
Mayor’s Court in Calcutta, Bombay and
Madras in 1726.
Supreme Court at Calcutta in 1774, at
British Madras in 1801 and Bombay in 1824.
Period High Courts in Provinces in 1861.
Subordinate Civil Courts in 1887.
Subordinate Criminal Courts in 1898.
Federal Court in 1935.
Independence of Pakistan and India in 1947.
  Independence on 14 August, 1947.
West Pakistan and East Pakistan
(Bangladesh).
First Constitution in 1956. Supreme Courts
Pakistan of Pakistan as the highest court and High
Period Courts in Provinces.
Subordinate Courts same as British Period.
Second Constitution in 1962.
Court system same as 1956.
  Declaration of independence on 10 April,
1971 with effect from 26 March 1971.
Liberation war from 26 March till 16
December 1971.
Provisional Constitution on 10 January 1972.
Bangladesh Constituent Assembly on 10 January 1972.
Period Formal Constitution presented in Assembly
on 10 October 1972.
Adopted on 4 November 1972.
Effected from 16 December 1972.
17 Amendments till date.
 Hierarchy of Courts

Highest Court/Apex Court

Subordinate Courts (Civil and

Criminal)
 Highest Court
(Article 94(1) of the Constitution)
 The Supreme Court of Bangladesh (SCB)- has two Divisions

 The Appellate Division (AD)

 The High Court Division (HCD)
 Subordinate Courts
(Article 114 of the Constitution)
 Government will establish by enacting laws in the parliament.
Two types-

 Subordinate Civil Courts

 Subordinate Criminal Courts
 Subordinate Civil Courts
 Section 3 of the Civil Courts Act 1887 (as amended in 2001). Five types
in each District-
 The Court of the District Judge (DJ)
 The Court of the Additional District Judge (ADJ)
 The Court of the Joint District Judge (JDJ)
 The Court of the Senior Assistant Judge (SAJ)
 The Court of the Assistant Judge (AJ)
 Subordinate Criminal Courts
 Section 6 of the Code of Criminal Procedure (CrPC) 1898 (as amended in
2007). Firstly two types-

 Sessions Court
 Magistrate Courts
 Sessions Court
 Three Types-

 The Court of the Session Judge (SJ)

 The Court of the Additional Session Judge (ASJ)
 The Court of the Joint Session Judge (JSJ)
 Magistrate Courts

 Metropolitan Magistrates (for Metropolitan Area)

 Regular Judicial Magistrates (Outside of Metropolitan Area)
 Metropolitan Magistrates
 Three types-

 The Court of the Chief Metropolitan Magistrates (CMM)

 The Court of the Additional Chief Metropolitan Magistrates (ACMM)
 The Court of the Metropolitan Magistrates (MM)

All are 1st Class Magistrates.

 Regular Judicial Magistrates
 Five Types-
 The Court of the Chief Judicial Magistrates (CJM)
 The Court of the Additional Chief Judicial Magistrates (ACJM)
 The Court of the Senior Judicial/First Class Magistrates
 The Court of the Second Class Judicial Magistrates
 The Court of the Third Class Judicial Magistrates