The main purpose of the criminal justice system of the country is to protect crime, deter offender, punish wrongdoer etc. Criminal justice system of the country appears uniform only theoretically, but practically it suffers from many handicaps.
Chapter- Two
Crime, Criminal Justice System and Cause of Crime
Bangladesh Perspective
Crime
An act or omission is a crime if it can be followed by what is called a criminal proceeding. Crime is thus an unlawful act or omission to do an act which he is bound to do or bound to do but has acted or omitted to do.
Criminal
Criminal Justice System
Chapter—Three
Provision of the Law concerning criminal justice system in Bangladesh
General
Origin and nature of Laws of Bangladesh
Some criminal Laws enforceable in Bangladesh
9 The following are some of the criminal laws enforceable in Bangladesh, which oversees the country's criminal justice system:
Classification of criminal courts
Explanation: For the purpose of this sub-section the words "Chief Metropolitan Magistrate" and "Chief Judicial Magistrate" shall include "Additional Chief Metropolitan Magistrate" and "Additional Chief Judicial Magistrate" respectively.7.
A The Supreme Court
10 Metropolitan Area, to be known as the Metropolitan Magistrate;. c) Magistrate of the second class; and (d) Magistrate of the third class. 11 (1) There shall be a Supreme Court for Bangladesh (to be known as the Supreme Court of Bangladesh) consisting of an Appellate Division and a High Court Division.
B Courts of Sessions
12 (5) All Courts of Session existing when this Code comes into force shall be deemed to have been established under this Act.
C Courts of Magistrates
In each district and metropolitan area the Government shall appoint as many persons as it considers fit as executive magistrates, and appoint one of them as district magistrate.
Power and Functions of the courts
A Powers of the Magistrate Court
A Magistrates' Court having special powers under section 29C may impose any punishment permitted by law except death or transportation or imprisonment for a term exceeding seven years.].
B Powers of the Court Of Sessions and High Court Division
Appointment of Magistrates and judges
16 judges of the Supreme Court are specified in or followed by Article 95 of the constitution of Bangladesh. Appointments of persons to office in the judicial service or as magistrates exercising judicial functions shall be made by the President in accordance with rules made by him in that behalf.]. The members of the Bangladesh Judicial Service shall be appointed as Sessions Judge, Additional Sessions Judge and Joint Sessions Judge in accordance with the rules framed by the President under the proviso to Article 133 of the Constitution to exercise jurisdiction in one or more of such areas. ].
In every district outside the metropolitan area, Chief Judicial Magistrates, Additional Chief Judicial Magistrates and other Judicial Magistrates shall be appointed from among persons employed in the Judicial Service of Bangladesh in accordance with rules made by the President under Article 133 of the Constitution. 18 The magistrates may exercise all or any of the powers which may be conferred upon them under this code, and unless otherwise provided by such definition, the jurisdiction and powers of each such magistrate shall extend to the whole district.
Illustration, Nature and Salient features of some criminal laws of Bangladesh
In each metropolitan area, the Chief Metropolitan Magistrate, Additional Chief Metropolitan Magistrate and other Metropolitan Magistrates shall be appointed from among persons employed in the Bangladesh Judicial Service.].
Nature
Objects
Fundamental Procedures
20 the structure of the courts on the functions of the court, the pre-trial phase until the beginning of the sentence and their execution, other procedures related to criminal justice. 9. Knowledge of the Code is essential to the criminal justice system, as it is the main procedural law of the country that deals with the criminal justice system.
Classification of the courts:(Section-6 of CrPC)
- Arrest in general
- Arrest without Warrant: (Section-54-67)
The maximum jurisdiction of conviction in adjudication of a criminal case before the courts existing in the territory is specified in section-31,32,33 and 33A of the Code of Criminal Procedure. The court of any magistrate may impose terms of imprisonment for default of payment of a fine, as permitted by law in case of such default: a) the term shall not exceed the powers of the magistrate under this Code; 22 exceeds one-fourth of the term of imprisonment which such magistrate is entitled to impose as a punishment for the offence, other than as a term of imprisonment in default of payment of the fine.
In making an arrest, the police officer or other person doing so shall actually touch or confine the body of the person to be arrested, unless there is submission to custody by word or deed. Among them, section 54 of the code gives police undefeated power to arrest people without warrants.
Search warrant:(Section-94 to section-106 of CrPC)
Section 60: Arrested person shall be produced before the magistrate or officer in charge of the police station. Section 61: Arrested person shall not be held for more than twenty-four hours. Section 64: Offense committed in the presence of the magistrate. Provision relating to the arrest of a person under warrant against a person who has committed an offense or the arrest of the person as required or for whose arrest an order of the court or reasonable authority is specified in section 75 to section 86 of the Code of Criminal Procedure, 1898.
Disputes as to immoveable property:(Section-145 to Section-148 of the CrPC)
Section-61: Person arrested not to be detained for more than twenty-four hours. Section-64: Offense committed in the magistrate's presence. Section-65: Arrest by or in presence of magistrate 5. Provision regarding arrest of a person under warrant against any person who has committed an act of criminal nature or arrest of the person as required or for whose arrest an order of the court or reasonable authority committed. is mentioned in section-75 to section-86 of the code of criminal procedure, 1898. Provided also that if the Magistrate considers the case to be one of urgency, he may at any time settle the subject of dispute, pending his decision under this section. 28 (1) If the Magistrate decides that none of the parties was then in such possession, or is unable to ascertain which of them was then in such possession of the subject of dispute, he may attach it until a competent Court determines the rights of the parties thereto, or the person entitled to possession thereof:.
Provided that such magistrate may withdraw the seizure at any time if he is satisfied that there is no longer any likelihood of a breach of the peace in relation to the subject matter of the dispute. Provided that, in case a receiver of the disputed property is subsequently appointed by a civil court, possession shall pass to him by the receiver appointed by the Magistrate, who shall then be discharged.
Summary Trial:(Section-260 to Section-265 of the CrPC)
- Procedure regarding transfer of cases (Section-525A to section-528 of CrPC) The objects of transfer of criminal cases are to ensure justice.Transfer of criminal
In other words, bail is the delivery of an arrested person to his sureties after they have given security for his appearance at a designated place and time, to the jurisdiction and discretion of the court. The code of criminal procedure as well as clarified in article 500 release of the person from custody for whose release a bond is established in article-499 of the code. The provisions regarding the transfer of cases in the criminal justice system of the country specified by section 525A to section 528 of the code of criminal procedure, 1989.
34 (2) The Permanent Bench of the High Court Division or the Court, as the case may be, to which such matter or appeal is transferred shall deal with it as if it had originally been brought or presented to such Bench. or the Court, as the case may be.]. At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, any Sessions Judge may remand any case or appeal made to any Additional Sessions Judge.
Chapter- Four
Comparison between Criminal Justice System of U.K and Bangladesh
- Jury
- Ensuring Rule of Law
- Appeal
- Sentencing
- Bail
In delivering a verdict on any criminal case, Britain's criminal system proves itself to be intelligent. The UK criminal justice system avoids the death penalty and when passing sentence they are more aware that no injustice is being done or that no one is being wronged. 39 Under section 11(3) of the Magistrates' Courts Act 1980, magistrates may not impose a custodial sentence on an absent offender.
Bangladesh's criminal justice system is still free from imposing capital punishment or capital punishment, although it is avoided in developed countries and has shown partiality and pressure, whether political or otherwise, in passing sentences. The Bail Act 1976 regulates the procedure of bail and other related matters of bail.
Chapter- Five Experts Opinion
- Opinion as to fault of criminal justice system
- Opinion of Judges
- Opinion of the Lawyers
- Opinion of the Police
- Opinion of the Courts staff
- Opinion or suggestion as to solution or development
41 judges, employees of the court, the executive body (police or others) and members of other organizations have not yet done it in a fair manner. The current state of the country's legal system is lagging behind in the language of some lawyers. Appointment of the corrupt judges, staff, police, political unrest, dishonesty and disqualification of them as well as some lawyers are responsible for the failure of the criminal justice system.
I am only the son of my family so I need some benefits from the reward given by the Government‖. Inability of the victim to seek redress due to poverty as well as failure of the organization whose duty is to help poor people.
Chapter-Six
Recommendation & Conclusion
Recommendation
Reasonable steps should be taken to prevent corrupt use of discretion by judges. The purpose of the chapter is to determine and define the body or other institution that works for the development of law, to ensure justice and in any way related to the legislation of the country, especially in the field of cooperating the criminal justice system. Bangladesh. It has been separated and recognized by the constitution as a state organ.
The Chief Justice regularly rearranges the seats of the High Court Division. The Ministry of Justice (MOL) shall decide the cases of the subordinate judges, magistrates and tribunals after consultation with the Supreme Court, in accordance with the provision of Article 116 of the Constitution, which reads as follows. Judicial Training Authorities: The training of the subordinate judicial officers is provided by the authority of the MOL.
Bibliography 1. Books