You are on page 1of 3

Criminal Court Of Bangladesh Section 6 of the CrPC as amended by the Criminal Pr

ocedure (Amendment) Ordinance, 2007 states that, there shall be two classes of C
riminal Courts in Bangladesh, namely-1. Court of Session. 2. Court of Magistrate
s. Court of Session For the purpose of administration of criminal justice the wh
ole territory of Bangladesh has been divided into some Session Division each con
taining a Court of Session. Section 7 of the CrPC every Sessions Division shall
be a district. A metropolitan area is deemed to be a Sessions Division. Under se
ction 9 of the CrPC the Government bound to appoint a judge in each Session Cour
t. Section 9(3) Session Judge, Additional Sessions Judge and joint Session Judge
shall be appointed form among the members of the Bangladesh Judicial service. A
ll Joint Session Judge shall be subordinate to the session judge in whose court
they exercise jurisdiction. Jurisdiction of Court Session The Court of Session e
xercise four types of jurisdiction: Original, appellate, revision0al & administr
ative.
Original Jurisdiction Original jurisdiction of the Court of Session means that j
urisdiction whereby it can take a case as court of first instance. Under its jur
isdiction, a Session Judge or Additional Session judge can try any offence autho
rized by criminal law. Appellate Jurisdiction A session judge hears appeal form
the conviction and sentence passed by the Joint Session Judge, Metropolitan Magi
strate or any Judicial Magistrate of the first class. When in any case of Joint
Session Judge passes any sentence of imprisonment for term exceeding 5 years, th
e appeal shall lie to the HCD. Revision0al Jurisdiction Under section 435 of the
CrPC a session judge may call for and examine the records of any inferior court
. Under section 439A the Session Judge has the power of revision in case of any
proceeding the record of which has been called for. Jurisdiction as to Transfer
of cases or Withdraw cases Under administrative and supervisory power the Sessio
n Judge may transfer a case form one criminal court to another criminal court. [
Section 526B ]. A Session Judge may withdraw or recall any case [ Section 528 ]
Court of Joint Session Judge A Joint Session Judge may pass any sentence author
ized by law, expect a sentence of death or transportation for a term exceeding 1
0 years or imprisonment for a term exceeding 10 years.
The Magistrate Courts Section 6(2) of the CrPC provide that there will be two ty
pes of magistrate court

1. Judicial Magistrate. 2. Executive Magistrate. Judicial Magistrate Section 6(3


) provides that there shall be four types of Judicial Magistrate. 1. Chief Metro
politan Magistrate in Metropolitan areas and Chief Judicial Magistrate in other
areas. 2. First Class Magistrate. 3. Second Class Magistrate. 4. Third Class Mag
istrate. Jurisdiction of Magistrate Power of Trial and Awarding Sentence: Accord
ing to section 32 of the CrPC the court of Magistrate may pass sentences as foll
ows A. Court of Metropolitan and Magistrate of the First Class can impose: Impri
sonment for five years. Fine ten thousand taka. Whipping. B. Court of Second Cla
ss Magistrate can impose: Imprisonment for three years. Fine five thousand taka
C. Court of Third Class Magistrate can impose: Imprisonment for two years. Fine
two thousand taka D. To Award imprisonments in default of fine The term of impri
sonment in default of fine must not exceed the power of the Magistrate under the
CrPC. Where an offence is punishable with imprisonment and fine, the imprisonme
nt in default of fine can only extend to one fourth of the maximum imprisonment
which the Magistrate has power to impose. Where the offence is punishable with f
ine only, the imprisonment in default of fine can only be simple.
mahbubulkarim Statesman_mahbu@yahoo.