POWER OF TRIAL AND AWARDING SENTENCES

According to section 32 of the CrPC, the courts of Magistrates may pass sentences as follows:

(a) Courts of Metropolitan and of Magistrates of the first class can impose-

  • Imprisonment for a term exceeding five years;
  • Such solitary confinement as authorized by law;
  • Fine not exceeding ten thousand taka;
  • Whipping;

(b) Courts of Magistrates of the second class can impose-

  • Imprisonment for a term not exceeding three years;
  • Such solitary confinement as authorized by law;
  • Fine not exceeding five thousand taka;

(c) Courts of Magistrates of the third class can impose-

  • Imprisonment for a term exceeding two years;
  • Fine not exceeding two thousand taka;

To awards imprisonment in default of fine:  where fine is imposed on a convicted person and it is not paid, the law provides that he can be imprisoned for a further term in addition to the substantive imprisonment awarded and this can be done under following conditions (section 33):

The term of imprisonment 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 imprisonment 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 fine only, the imprisonment in default of fine can only be simple.

Appeal from the Magistrates’ Courts:

Appeal may be against an order or against a sentence imposed by a Magistrate. However, appeal against sentence by different Magistrates would be as follows:

Appeal from a sentence passed by any Magistrate of the second or third class shall lie to the chief judicial Magistrate (section 407).

Appeals from a sentence passed by any first class Magistrate lies to the Court of Session [section 408(a)].

Appeals from a sentence passed by a Magistrate of an offence under section 124A of the penal code will lie to the High court Division [section 408(b)].

Special Magistrate:

Under section 14 of the Cr. P.C, there is a provision of special magistrates. The government may confer upon any person all are any of the power conferred or conferrable by or under cr. P.C on a magistrate of first class, second class or third class in suspect to particular cases or to a particular class or particular classes of cases or in regard to cases gener4aly in any local area out side a metropolitan area. Such magistrates shall be called special magistrate. An appeal from an order of special magistrate lies in the session judge.

TRIBUNALS

There are three types of Tribunals in Bangladesh. Which are playing an important role in the field of administration of justice and rule of law. The concepts of system of tribunals derive from its origin in the French devoid administrator. The details of tribunals are as follows.

Labour Court:

Labour court  in Bangladesh is a tribunal created under labour law.  Each court consists of a chairman and two Members to advise the chairman. A labour court acts both as civil and criminal court. The Government fixes the local limit of each Labour Court.

This court determines, among others, industrial disputes relating to matters in respect of which applications are filled before it. It also decides large number of cases arising out of employment of labour. The decision of a labour court may be either an award or an order. An appeal may be taken to the Labour Appellate Tribunal against an award given by a Labour court.

Labour Appellate Tribunal

The constitution, status, functions and procedure of the Labour Appellate Tribunal are regulated under the Bangladesh Sromo Ain, 2006. The Labour Appellate Tribunal is presided over by one Member. He is appointed by the Government. As a rule, a judge of the high court Division is appointed to as the Member of the tribunal. As its name indicates, the Tribunal exercises appellate exercises appellate power only.

Administrative Tribunal:

As per the constitutional provision in article 117 Administrative Tribunal and Administrative Appellate Tribunal have been established. As per constitutional provision, with a view to establish administrative tribunal, the administrative tribunal Act, 1980 was passed and in pursuance of section 12 of the said act administrative tribunal’s rules were framed.

Jurisdiction of the Administrative Tribunal:

To hear and determinate application made by any person in the service of the republics and in any service of the republic and in any service of any statutory public authority in respective of the terms and conditions of his service. A person in the service of the republic or in any statutory public authority has right applied to the administrative tribunal against order or decision or action of the department authority relating to any terms and conditions of his service.

Administrative Appellate Tribunal:

Indeed the administrative appellate tribunal has been established to hear the appeals from the administrative tribunal. These tribunals consist of three milers of whom one is of chairman. Appellate Division of the Supreme Court only the appellate division of the Supreme Court may review the decision of the appellate tribunal.

Domestic Tribunals:

Domestic tribunals are those tribunals which are the disciplinary committees of professional institution. In every organization or institution there exists same internal arrangement to settle the internal conflates or offences. There are recognized by the magmata of that organization or institute. Such as university trade union, medical association, bar council etc. are those organizations where such domestic tribunals are in operation these tribunal cannot travel beyond its powers as conferred by the law.

Every court of Bangladesh  possesses jurisdiction over matters only to the extent granted to it by the Constitution of Bangladesh or legislation of this country. The Superior Court of Justice in Bangladesh is named as Supreme Court of Bangladesh followed by a hierarchy of civil and criminal court at the district level. Jurisdiction of all courts of Bangladesh is discussed below-

Supreme Court of Bangladesh

In exercise of powers conferred under Article 94 of the constitution the Apex Court of the country was established which consists of:

Jurisdiction of the Appellate Division –

According to article 103 of the Constitution of Bangladesh jurisdiction of Appellate division are as follows-

  1. The Appellate Division have jurisdiction to hear and determine appeals from judgments, decrees, orders or sentences of the High Court Division.
  1. An appeal to the Appellate Division from a judgment, decree, order or sentence of the High Court Division shall lie as of right where the High Court Division-
  1. An Appeal from the judgments, decrees, orders or sentences of the High Court Division in a case to which clause (2) does not apply shall lie only if the Appellate Division grants leave to appeal.
  2. Parliament may by law declare that the provisions of this article shall apply in relation to any other court or tribunal as they apply in relation to the High Court Division.

The Jurisdiction of the High Court Division

The High Court Division has original, appellate and other jurisdictions, powers and functions as are conferred by the Constitution and other laws-

Subordinate Court:

  Civil Court:

Jurisdiction of Civil Court-

1. District Judge Court- Revisional jurisdiction , appeal of civil matters valuation of which is upto five crore taka, Probate matters etc.

 2. Additional District Judge Court-  Try cases transferred to this Court by District Judge.

3.Joint District Judge Court- i) Original Jurisdiction- hearing of civil suit of which valuation is from twenty five lac taka to unlimited,

ii)Try succession matter,

ii) Revision-  which case is transferred to this Court by District Judge,

iii)Appeal –which case is transferred to this Court by District judge.

4. Senior Assistant Judge Court-  try suits of civil nature of which valuation is fifteen lac to twenty five lac taka.

5. Assistant Judge Court-  to try civil suits of which pecuniary jurisdiction is below fifteen lac taka.

6. Small Causes Court– A Small Causes Court shall have jurisdiction to dispose of suits of a civil nature of which the value does not exceed twenty five thousand taka.

7. Family Courts –This court  try suits which are of family matters i.e.- dissolution of marriage, dower, custody and guardianship of children, restitution of conjugal rights and maintenance relating to matters.

Criminal Court:

(i) Court of Sessions:  There shall be in every division the following Sessions Court-

 

(a)  Sessions Judge

(b) Additional Sessions Judge

(c) Assistant Sessions Judge

For metropolitan area– In every metropolitan area there shall be the following Sessions Court-

(a) Metropolitan Sessions Judge

(b)Additional Metropolitan Sessions Judge

( c) Joint Metropolitan Sessions Judge

(ii)  Magistrate Court:

For Metropolitan Area–  Hierarchy of  Magistrate Court for Metropolitan area are discussed below-

All over the country other than Metropolitan Areas-

(a) Chief Judicial Magistrate,

(b) Additional Chief Judicial Magistrate,

(c) Magistrate of the first Class,

(d) Magistrate of the Second Class,

(e) Magistrate of the Third Class.

Jurisdiction of Criminal Court:

Tribunals and Special Court-

The International Crimes Tribunal-

This Tribunal was constituted for the purpose of trial of offences such as-

(a) Crime against Humanity,

(b) Crime against peace,

(c) Genocide,

(d) war crime,

(e) Violation of any humanitarian rules applicable in armed conflicts laid down in the Geneva conventions, 1949,

(f) Any other crime under the International Law.

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