The Law of Bangladesh is primarily in accordance with the English legal system

although since 1947, the legal scenario and the laws of Bangladesh have drifted far from
the West owing to differences in socio-cultural values and religious guidelines !n
"ovem#er $%%7, Bangladesh has successfully separated the &udiciary from the E'ecutive
#ut several #lac( laws still influence the rulers in creating )pecial Tri#unals in using
several #lac( laws including the )pecial *owers +ct
Fundamental Rights In Bangladesh
Bangladeshi people have $, fundamental rights under the -onstitution of Bangladesh,
*art ,, +rticles $. to 47+ The /undamental 0ights in Bangladesh under #elow1
213
1 4aws inconsistent with fundamental rights to #e void 5+rticle-$.6
$ E7uality #efore law 5+rticle-$76
, 8iscrimination on grounds of religion, etc 5+rticle-$96
4 E7uality of opportunity in pu#lic employment 5+rticle-$96
: *rohi#ition of foreign titles, etc 5+rticle-,%6
. 0ight to protection of law 5+rticle-,16
7 *rotection of right to life and personal li#erty 5+rticle-,$6
9 )afeguards as to arrest and detention 5+rticle-,,6
9 *rohi#ition of forced la#our 5+rticle-,46
1% *rotection in respect of trial and punishment 5+rticle-,:6
11 /reedom of movement 5+rticle-,.6
1$ /reedom of assem#ly 5+rticle-,76
1, /reedom of association 5+rticle-,96
14 /reedom of thought and conscience, and of speech 5+rticle-,96
1: /reedom of profession or occupation 5+rticle-4%6
1. /reedom of religion 5+rticle-416
17 0ights of property 5+rticle-4$6
19 *rotection of home and correspondence 5+rticle-4,6
19 Enforcement of fundamental rights 5+rticle-446
$% ;odification of rights in respect of disciplinary law 5+rticle-4:6
$1 *ower to provide indemnity 5+rticle-4.6
$$ )aving for certain laws 5+rticle-476
$, !napplica#ility of certain articles 5+rticle-47+6
The Judiciary of Bangladesh
The &udiciary of Bangladesh consists of a )upreme -ourt, su#ordinate courts and
tri#unals
The Supreme Court
The )upreme -ourt of Bangladesh is the highest court of law in Bangladesh !t comprises
the +ppellate 8ivision and the <igh -ourt 8ivision !t was created #y *art =!, -hapter !
of the -onstitution of Bangladesh !t is the ape' -ourt of the country and other -ourts
and Tri#unals are su#ordinate to it This is also the office of the -hief &ustice, +ppellate
8ivision &ustices, and <igh -ourt 8ivision &ustices of Bangladesh
Jurisdiction of The Appellate Division
+ppellate &urisdiction1The +ppellate 8ivision has >urisdiction to hear appeals from the
<igh -ourt 8ivision in the following grounds1-
?ne can appeal against the division of <igh -ourt when-
i The issue relates to interpretation of -onstitution of Bangladesh,
ii -ontempt of that 8ivision, and
iii 8eath or life imprisonment confirmed or declared #y the 8ivision
+n appeal to the +ppellate 8ivision from a >udgment, decree or sentence of the
<igh -ourt 8ivision in a case to which clause $ 51%$6 does not apply shall lie
only if the +ppellate 8ivision grants leave to appeal
0ule-ma(ing &urisdiction1 The )upreme -ourt is independent of the e'ecutive #ranch,
and is a#le to rule against the government in politically controversial cases
+dvisory &urisdiction1 !n the 7uestion of any law or anything re7uired for pu#lic interest,
the *resident may as( for opinion from the +ppellate 8ivision
&urisdiction to ensure >ustice1 +rticle 1%4 deals with issue and e'ecution of processes of
+ppellate 8ivision !t provides the power to the +ppellate 8ivision to issue anything
re7uired for the -omplete >ustice
?ther &urisdictions1 The +ppellate 8ivision shall have others >urisdiction #y +ct of
*arliament
-hancery 0esearch and -onsultants Trust 5-0--Trust6 maintains a we#site -hancery
4aw -hronicles-/irst ever ?nline 8ata#ase of Bangladesh 4aws 5wwwclc#dorg6 where
it has already included 7%%% >udgements of the +ppellate 8ivision and <igh -ourt
8ivision of the )upreme -ourt of Bangladesh from 197$ to till date
The High Court Division
-lause , of +rticle 9: provides to the <igh -ourt 8ivision which at any time #efore the
commencement of our -onstitution e'ercised >urisdiction as a <igh -ourt in the Territory
of Bangladesh The <igh -ourt 8ivision shall have )uperintendence and control over all
-ourts and tri#unals su#ordinate to it The <igh -ourt 8ivision, though a 8ivision of the
)upreme -ourt, is for all practical purposes, an independent court with its powers,
functions and >urisdictions well defined and determined under the -onstitution and
different laws &urisdiction of the <igh -ourt 8ivision1 !t has #oth appellate as well as
original >urisdiction
@?riginal &urisdiction1 The power to file any case is called the original >urisdiction !t has
original >urisdiction to hear Writ +pplications under article 1%$ of the -onstitution, which
is (nown as e'tra ordinary constitutional >urisdiction !t has further original >urisdiction,
inter alia, in respect of company and admiralty matters under statutes The <igh -ourt
8ivision, in special circumstances, has also powers and >urisdiction to hear and dispose
of cases as the court of first instance under article 1%1 of the -onstitution
@+ppellate &urisdiction1 The <igh -ourt 8ivision hears appeals from orders, decrees and
>udgments of su#ordinate courts and tri#unals ?ne can appeal to the <igh -ourt 8ivision
if-
i more than 14 years imprisonment #y )ession &udge, or
ii 0elated to the 7uestion of interpretation of the -onstitution
The Subordinate Courts and Tribunals
There are a wide variety of su#ordinate courts and tri#unals )uch courts and tri#unals are
created #y some relevant statutes +ll their powers, functions and >urisdictions are well
determined #y the respective statutes These are the #asic courts in the system of the
>udiciary of Bangladesh The ma>or #ul( of the cases, #oth civil and criminal, are tried
and heard in such courts and tri#unals -ertain tri#unals are termed as administrative
tri#unals, "ari-o-)hishu "ir>aton 8aman Tri#unals, )pecial Tri#unals etc )uch courts
and tri#unals spread all over the country at district levels The su#ordinate courts in
Bangladesh can #e divided in two #road classes, namely, civil courts and criminal courts
Civil Courts
The civil courts are created under the -ivil -ourts +ct of 1997 The +ct provides for five
tiers of civil courts in a district, which #ottom-up are1
-ourt of +ssistant &udge,A
-ourt of )enior +ssistant &udge,A
-ourt of &oint 8istrict &udge,A
-ourt of +dditional 8istrict &udge and A
-ourt of 8istrict &udge
The first three are courts of first instances with powers, functions and >urisdictions in
respect of su#>ect matter, territory and pecuniary value determined #y or under statutes
The rest two are generally courts of appeal in civil matters now the civil suits are rapidly
disclose in the court1
Criminal Courts
-ourts of )essions
-ourts of ;etropolitan )essions
)pecial courtsBtri#unals 5-riminal6
-ourts of ;etropolitan ;agistrate
-ourts of ;agistrate
Legal profession
The academic systems of the country allow two separate systems of 7ualifying legal
degrees in Bangladesh which are college-oriented two-year 44B degrees and the
Cniversity-#ased four-year 44B 5<ons6 degrees which re7uire more e'tensive
academic commitment and the places at the universities remain competitive 0ecently
there has #een a rise in the trend of o#taining foreign academic 44B degrees 5especially
from the CD6
!n general, the criminal codes and procedures in effect in Bangladesh derive from the
period of British rule, as amended #y *a(istan and Bangladesh These #asic documents
include the *enal -ode, first promulgated in 19.% as the !ndian *enal -odeE the *olice
+ct of 19.1E the Evidence +ct of 197$E the -ode of -riminal *rocedure of 1999E the
-riminal 4aw +mendment +ct of 19%9E and the ?fficial )ecrets +ct of 1911
The ma>or classes of crimes are listed in the *enal -ode, the countryFs most important
and comprehensive penal statute +mong the listed categories of more serious crimes are
activities called Goffenses against the stateG The *enal -ode authoriHes the government
to prosecute any person or group of persons conspiring or a#etting in a conspiracy to
overthrow the government #y force +n offense of this nature is also defined as Gwar
against the stateG Whether or not an offense constitutes a conspiracy is determined #y the
GintentG of the participant, rather than #y the num#er of the participants involved, so as to
distinguish it from a riot or any other form of distur#ance not regarded as antinational
)ection 1$1 of the *enal -ode ma(es antinational offenses punisha#le #y death or
imprisonment for twenty years The incitement of hatred, contempt, or disaffection
toward a lawfully constituted authority is also a criminal offense punisha#le #y a
ma'imum sentence of life imprisonment +mong other categories of felonies are offenses
against the pu#lic tran7uillity 5meaning unlawful assem#ly6, rioting, and pu#lic
distur#ancesE offenses relating to religionE and offenses against property, such as theft,
ro##ery, and dacoity 5ro##ery #y a group of five or more persons6
*unishment is divided into five categories1 deathE #anishment, ranging from seven years
to lifeE imprisonmentE forfeiture of propertyE and fines The imprisonment may #e
GsimpleG or GrigorousG 5hard la#or6, ranging from the minimum of twenty-four hours for
drun(en or disorderly conduct to a ma'imum of fourteen years at hard la#or for more
serious offenses &uvenile offenders may #e sentenced to detention in reform schools for a
period of three to seven years /or minor infractions whipping, not e'ceeding fifteen
lashes, may #e prescri#ed as an alternative to detention
*reventive detention may #e ordered under the amended )ecurity of *a(istan +ct of 19:$
and under )ection 1%7 of the -ode of -riminal *rocedure when, in the opinion of the
authorities, there is a strong li(elihood of pu#lic disorder Bangladeshi regimes have
made e'tensive use of this provision )imilarly, )ection 144 of the -ode of -riminal
*rocedure, fre7uently invo(ed #y magistrates for periods up to two months, prohi#its
assem#ly of five or more persons, holding of pu#lic meetings, and carrying of firearms
!n addition, the 8istur#ed +reas 5)pecial *owers6 ?rdinance of 19.$ empowers a
magistrate or an officer in charge of a police contingent to open fire or use force against
any persons #reaching the peace in the distur#ed areas and to arrest and search without a
warrant The assem#ly of five or more persons and the carrying of firearms may also #e
prohi#ited under this ordinance
*ersons charged with espionage are punisha#le under the ?fficial )ecrets +ct of 1911, as
amended in 19$, and 19.9 +s revised in ;ay 19.9, this statute prescri#es death as the
ma'imum penalty for a person convicted of espionage !n 19.., in an effort to prevent
information lea(s, the central government passed a regulation prohi#iting former
government officials from wor(ing for foreign diplomatic missions !n general, all
persons see(ing employment with foreign em#assies or any foreign government agencies
were also re7uired to o#tain prior permission from Bangladeshi authorities
The custody and correction of persons sentenced to imprisonment is regulated under the
*enal -ode of 19.%, the *risons +ct of 1994, and the *risoners +ct of 19%%, as amended
The prison system has e'panded #ut in 1999 was #asically little changed from the later
days of the British 0a> 5see Ilossary6 The highest >ail administration official is the
inspector general of prisons or, if this office is not separately assigned, the inspector
general of police +t the division level or the police range level, the senior official is
called director of prisonsE at the district level, he is the >ail superintendent Below the
district >ail level are the su#district and village police loc(ups 8ha(a -entral &ail is the
largest and most secure prison and has more e'tensive facilities than those at the
successive lower echelons +ll installations are staffed #y prison police usually
permanently assigned to this duty !n general, prisons and >ails have low standards of
hygiene and sanitation and are seriously overcrowded 0eha#ilitation programs with
trained social wor(ers were rudimentary or none'istent through the late 199%s
?vercrowding--the most serious #asic pro#lem--was li(ely to worsen as the 199%s
approached #ecause of the mounting num#er of arrests connected with opposition
campaigns to oust Ershad from office
0ead more at http1BBwwwmonga#aycomBhistoryB#angladeshB#angladesh-
criminalJ>usticehtmlKd7..*->,<E%r4e>m99
Bangladesh has approved a draft of its !nformation and -ommunication Technology
5!-T6 +ct, which proposed law enforcers can arrest any person without a warrant and
increased the >ail sentence to 14 years
+ccording to The 8aily )tar on Tuesday, the original +ct in $%%. had a ma'imum
punishment of 1% years >ail term with a heavy fine, while law enforcers had to see(
permission from the authorities involved to file a case and arrest any person involved in
cy#ercrime
8estroying computer data with malicious intent, transferring data without proper
authority, hac(ing, and releasing vulgar and defaming information in electronic form will
#e considered serious offences as per the proposed amendments
)ome crimes were also non-cogniHa#le under the e'isting +ct, which means the police
will #e a#le to arrest a suspect without issuing any warrant #y the court, #ut they will
have to produce the arrested person #efore the court within $4 hours, ; ;usharraf
<ossain, ca#inet secretary said
The ca#inet had also as(ed the !-T ministry to #ring further changes in the law, after
reviewing the proposed amendment, <ossain added
+n ordinanace will also #e promulgated soon, the ca#inet secretary said GThe o#>ective
of the law is to protect and control the misuse of information technologies,G he said
Law inadequate in dealing with cbercrime
<owever, industry watchers have e'pressed concern that the law is una#le to cur#
cy#ercrime in the country
;ustafa &a##ar, president of Bangladesh -omputer )amity, said many cy#ercrimes or
digital crimes did not fall under the purview of the law /or e'ample, the law did not
address any crime committed through using mo#ile phones
The law also considers e-mails as evidence, which conflicts with the countryFs Evidence
+ct which does not recogniHe e-mails as evidence, #ut the amendments did not address
these issues, &a##ar noted
GThe law offers the scope for political misuse There is no guarantee that the police will
not misuse it,G he said
/ahim ;ashroor, president of !T trade #ody Bangladesh +ssociation of )oftware and
!nformation )ervices, also agreed the law was vulnera#le to misuse due to empowering
the law enforcers to arrest anyone without warrants The government should have
consulted the relevant 7uarters #efore the amendments, ;ashroor added
!n the ongoing war crime trials in Bangladesh 1% top leaders of the !slamist party &amaat-
e-!slami and two leaders of the main opposition Bangladesh "ationalist *arty 5B"*6 are
#eing tried The verdicts in three cases have come and the remaining ones are li(ely to
come in ne't one month or so While it is e'tremely necessary to punish the war
criminals in Bangladesh to set the record of history in that country straight, it is e7ually
important for the )hei(h <asina-led +wami 4eague government to (eep a chec( on the
law-and- order situation + serious decline in law and order would defeat the very
purpose of the war crime trials which are nearing completion
!t is #elieved that e'tremists elements arose in Bangladesh #ecause they were not #rought
to #oo( in the aftermath of the li#eration war )hei(h ;uHi#-ur-0ahman, father of the
Bangladeshi nation under whose leadership the war of li#eration was fought, himself
gave amnesty to these war criminals <e thought this act of generosity would lead to all
sections of Bangladeshi society coming together and marching forward Cnfortunately,
that did not happen ;u>i# was murdered on +ugust 1:, 197:
The murder of ;u>i# #rought a#out a very different trend in Bangladeshi politics
Lia-ur-0ahman, who came to power some time later, started the Bangladeshi "ationalist
*arty and used !slam to legitimiHe his rule The emphasis on !slam #rought focus #ac( on
!slamist parties, most important of which was &amaat-e-!slami Lia reha#ilitated leaders
of this party, many of whom returned from *a(istan !slamists leaders also got prominent
positions in his administration
This trend of emphasis on !slam continued during the regime of Ien Ershad, who
declared !slam the state religion of Bangladesh Even after the restoration of democracy
in Bangladesh in 199%, the !slamist forces represented #y &amaat-e-!slami only grew
stronger &amaat had participated in the movement for restoration of democracy in
Bangladesh along with other mainstream political parties
&amaat su#se7uently offered support to the B"*-led government Through these smart
moves &amaat tried to gain accepta#ility in the political set-up of Bangladesh
)oon, however, &amaat started showing its true colors as the source of all other e'tremist
and terrorist groups in Bangladesh 8uring the four- party coalition regime, &amaat was
part of the government, and terror groups supported #y &amaat launched attac(s on all
secular political groups in Bangladesh +n attac( was launched on )hei(h <asina herself
in +ugust $%%4, in which she nearly lost her life
The civil society in Bangladesh, especially the freedom-fighters (mukitjodhas6, have
realiHed that if Bangladeshi politics are to remain moderate, these e'tremist elements
have to #e weeded out !t was also realiHed that these forces have grown stronger #ecause
they did not get their due punishment for the war crimes they committed during the
li#eration war
Through sustained effort they #rought this issue onto the national agenda in the run-up to
the $%%9 elections
)eeing the popular sentiment in favor of prosecution of war criminals, the main
Bangladeshi political party, +wami 4eague, (nown for its pro-li#eration role, was
encouraged to ma(e this issue its own
<owever, the actual prosecution of war criminals is fraught with danger The &amaat has
increased its influence in Bangladesh over time Today it commands significant material
and human resources in Bangladesh *eople sympathetic to &amaat are in Bangladeshi
administration and even in the military The /e#ruary $%%9 Bangladesh 0ifles 5B806
mutiny is strongly suspected to have #een engineered #y &amaat to foil war crime trials
The #est way for &amaat to foil war crime trials is #y creating a law and order pro#lem in
the country !n any case Bangladesh is (nown for Mconfrontational politics,N with the two
main political groups continuously struggling against each other in the streets, and less in
the parliament of the country through political de#ates The >o# of &amaat has #een made
easy after the sup- port it has received from the main opposition, B"*
!n the days to come, it is e'pected that &amaat will create further pro#lems for law
enforcement agencies #y unleashing its violent cadres, most of whom aspire to esta#lish
an !slamic state in Bangladesh 8eterioration in law and order may also prompt the army
to ta(e over the administration outright, or through a pro'y, as was done in &anuary $%%7,
when a similar situation arose in the country
This however, does not mean the war crime trials should #e stopped The war crime trials
should #e ta(en to their logical conclusion to create a precedent in the country which
discourages e'tremist and radical elements But the government of the day in Bangladesh
must also act swiftly and efficiently to maintain law and order to prevent e'tra-
constitutional forces thwarting the whole e'ercise