Criminal Law

Criminal Law in Bangladesh is the body of law that defines offences, prescribes punishments, and regulates the procedures for investigation, prosecution, adjudication, and enforcement of criminal responsibility. The core statutes include the Penal Code, 1860, which defines criminal offences; the Code of Criminal Procedure, 1898 (CrPC), which sets out procedures for investigation, filing of charges, trials, bail, and appeals; and the Evidence Act, 1872, which governs admissibility and proof of facts in criminal proceedings. Together, these laws form a comprehensive legal framework for maintaining public order, protecting individual rights, and ensuring justice through the criminal court system. Criminal justice in Bangladesh is overseen by the Ministry of Home Affairs, which supervises law enforcement agencies, particularly the Bangladesh Police responsible for investigation, arrest, and filing of General Diaries (GD) and Ejahars (First Information Reports). The Ministry of Law, Justice and Parliamentary Affairs manages the judiciary, enacts procedural rules, and ensures the functioning of criminal courts across the country. Prosecutions are conducted under the supervision of the Public Prosecutor's Office, working closely with police investigators. The criminal process often begins with a General Diary (GD) or an Ejahar (FIR), which is a formal complaint lodged with the police to initiate an investigation. Serious cognizable offences—such as assault, theft, murder, or fraud—require the filing of an Ejahar, after which the police commence investigation under Chapter XIV of the CrPC. For non-cognizable or urgent matters, a GD may be sufficient to document the incident and seek police assistance. During the investigation, police may arrest suspects, collect evidence, take witness statements, and ultimately submit a charge sheet or final report before the court. A major component of criminal procedure is bail, a legal mechanism allowing an accused person to be released from custody while awaiting trial. Bail may be sought at various stages: immediately after arrest, during investigation, or after charges have been framed. For non-bailable offences, courts consider factors such as the nature of the offence, risk of absconding, and likelihood of tampering with evidence. Bangladesh also recognizes anticipatory bail, a pre-arrest remedy available from the High Court Division when a person apprehends arrest based on false, fabricated, or politically motivated allegations. This remedy safeguards individuals' liberty until the matter is heard by a subordinate court. Criminal cases are tried within the multi-tiered Bangladeshi judicial structure. Chief Judicial Magistrate Courts and Metropolitan Magistrate Courts conduct trials for offences triable by magistrates. More serious offences, such as homicide, robbery, and serious fraud, are tried in the Sessions Court (District and Sessions Judge Court), which has authority over major criminal trials and appeals from magistrate courts. Appeals from Sessions Courts lie with the High Court Division, and in limited circumstances, the Appellate Division of the Supreme Court hears further appeals. This layered system ensures oversight, procedural fairness, and proper protection of constitutional rights.