Applied Laws and Regulations in Bangladesh to Operate Criminal Matters
Applied Laws and Regulations in Bangladesh to Operate Criminal Matters
Introduction
The criminal justice system of Bangladesh is governed by a combination of statutory laws, procedural rules, judicial precedents, and constitutional safeguards. These laws collectively ensure that criminal offences are identified, investigated, prosecuted, and adjudicated fairly and transparently. Understanding the applied laws and regulations is essential for legal practitioners, researchers, and students who aim to comprehend how criminal matters operate within the country’s legal framework.
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1. Constitutional Basis for Criminal Law
The Constitution of the People’s Republic of Bangladesh is the supreme law of the land. It lays down fundamental rights and sets out the structural framework within which the criminal justice system functions. Key constitutional provisions include:
Article 27: Equality before law
Article 31: Right to protection of law
Article 33: Safeguards on arrest and detention
Article 35: Protection against double jeopardy, self-incrimination, and ex post facto laws
These provisions ensure that individuals accused of crimes receive fair treatment and due process.
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2. Penal Legislation Governing Criminal Offences
a. The Penal Code, 1860
The Penal Code (PC) is the principal criminal statute in Bangladesh. It defines offences and prescribes punishments for crimes such as:
Murder, culpable homicide
Theft, robbery, dacoity
Rape and sexual offences
Offences against public tranquillity
Offences relating to property
Offences relating to documents and forgery
The Penal Code provides the substantive foundation of criminal law.
b. Special Criminal Laws
Besides the Penal Code, several specialized laws deal with specific categories of offences:
The Narcotics Control Act, 2018
The Prevention of Corruption Act, 1947 / Anti-Corruption Commission Act, 2004
The Prevention of Money Laundering Act, 2012
The Women and Children Repression Prevention Act, 2000
The Anti-Terrorism Act, 2009
The Digital Security Act, 2018 / Cyber Security Act, 2023
The Explosive Substances Act, 1908
These laws ensure that modern and evolving forms of crime are addressed effectively.
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3. Criminal Procedure and Investigation Framework
a. Code of Criminal Procedure (CrPC), 1898
The Criminal Procedure Code is the primary procedural law regulating:
Investigation of offences
Arrest and detention
Bail and remand
Charge framing
Trial procedures in Magistrate and Sessions Courts
Appeals, revisions, and review
CrPC divides offences into cognizable/non-cognizable and bailable/non-bailable, guiding police and court actions.
b. Police Regulations of Bengal (PRB), 1943
The PRB sets internal rules for police operations, including:
Investigation standards
Evidence collection
Record-keeping
Duties of officers
c. Evidence Act, 1872
The Evidence Act regulates admissibility, relevancy, and proof of facts, ensuring that trials are conducted based on reliable and lawful evidence.
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4. Institutional Framework for Criminal Justice
a. Police
Primary agency responsible for:
First Information Reports (FIR)
Investigation and interrogation
Arrests (with or without warrant)
Submission of charge sheets
b. Courts
Criminal cases are handled by:
Magistrate Courts – trial of less serious offences
Sessions Courts – trial of serious and major offences
Special Tribunals – such as Nari-O-Shishu, Anti-Terrorism, Drugs, Speedy Trial Tribunals
c. Public Prosecutors (PP/APP)
They represent the state during criminal trials and play a critical role in evidence presentation and witness examination.
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5. Rights of the Accused and Victims
Bangladesh law ensures protections for both sides:
Accused Person Rights
Presumption of innocence
Right to legal counsel
Protection against torture
Right to fair trial
Right to be informed of charges
Victim Rights
Right to lodge complaints and submit testimony
Legal remedy under special laws (e.g., Nari-O-Shishu Ain)
Compensation and protection under certain statutes
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6. Recent Developments and Reforms
Bangladesh has undertaken reforms to strengthen criminal justice, such as:
Digital court management systems
Cybercrime tribunals
Updates from DSA to Cyber Security Act (2023)
Fast-track Tribunals for speedy trials
These reforms aim to ensure efficient, technology-friendly, and people-centered criminal justice.
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Conclusion
The operation of criminal matters in Bangladesh is grounded in a comprehensive legal framework consisting of constitutional guarantees, substantive penal laws, procedural regulations, and specialized statutes. Together, these laws ensure that criminal offences are prosecuted effectively while safeguarding the rights of citizens. For legal practitioners and students, understanding these applied laws is essential for contributing to a fair and just society.
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