Criminal procedure in brief

Legal System of Bangladesh

 

Difference between case and suit:

Case

Suit

i) In criminal matters

i) In civil matters

ii) Criminal court

ii) Civil court

iii) Punishment

iii) Damages, Compensation

iv) Offence

iv) Claim

v) CrPC

vi) CPC

 

Sometimes, a civil matter is called as ‘CASE’. For example, ‘EXECUTION CASE’ is filed by a person when he fails to get damages within the fixed period. Also, ‘MISCELLANEOUS CASE’ is a suit which arises out of another suit.

 

What is proceeding?

The procedure which the court follows from the beginning of a suit till the final judgment. Final judgment is the judgment against which no appeal can be filed.

 

Proceedings of a criminal case are divided into 3 stages:

i) Pre-trial stage

ii) Trial stage

iii) Post-trial stage

 

A trial starts with CHARGE SHEET and concludes with JUDGMENT.

Judgment has 2 parts-

i) Obiter Dictum

ii) Ratio Decidendi

 

Another 2 parts-

i) Acquittal

ii) Conviction (Sentence)

 

CHARGE SHEET- Police submits.

CHARGE- Ovijog. The court makes.

CHARGE is framed after CHARGE SHEET.

 

If an offence is not defined anywhere, it is called ACT or OMISSION.

 

After charge > Plea & Conviction.

If the accused does not submit the accusation, then EXAMINATION IN CHIEF, CROSS EXAMINATION and RE-EXAMINATION.

 

Then ARGUMENT. Argument is made on 2 subjects-

a) Procedural matter- e.g. jurisdiction of the court.

b) Substantive matter- About the law.

 

After argument, the judgment is passed.

 

Pre-trial stage initiates with filing of a case by F.I.R (through Thana) or one can go to the court.

If general information is written in the register book that is called G.D (General Diary). After inquiry the police will convert it to F.I.R. G.D will be in 3 copies, F.I.R in 4 copies.

Informant- he who gives information e.g. he saw a dead body. The police will call him and tell him to write in an application what he saw and then to sign.

 

The I.O will complete the investigation within 24 hours and send it to the Magistrate. The Magistrate can give him 15 days more time to complete the investigation on application of the I.O. The investigation must be completed within 90 days. If fails to complete within 180 days and the accused is in custody, he will be released on bail. If the accused is arrested, he can be taken into remand.

 

C.D- (Case Diary) The investigation officer will maintain a case diary until the investigation ends. He will write down the statements of the witnesses etc. in it. But it will have no legal base until the witnesses again witness before the court.

 

Statement 161- examination of the witness before the police.

 

If a case is filed directly to the Magistrate court, then-

i) The Magistrate will order the police to investigate;

ii) Order the P.S to write the F.I.R;

iii) Warrant, Summon or proclamation of arrest. These are called issue of process.

 

SUMMON- Civil and Criminal. A person is ordered directly to appear before the court. In non-cognizable offence.

WARRANT- The Court issues it after considering various matters. In cognizable offence. The police is ordered to make the person appear before the court.

PROCLAMATION OF ARREST- (Hulia) If the person does not appear after issuing the Summon and Warrant then a notice will be published in 2 Bangla and English newspaper, in the residence of the person and on the notice board of the court.

 

F.I.R is numbered as ‘F.I.R no.’ It is called ‘P.S no.’ too. If it is sent to the Magistrate, it will be numbered a new number. If it comes from the Police station, it will be numbered as G.R no. (General Registry). If the complaint is filed to the Magistrate, it will be numbered as C.R no. (Complaint Registry).

 

After inquiry, the police make a report in 2 parts. If they find that the allegation is not true then there will be a FINAL REPORT. But if they find the allegation to be true, they will make a CHARGE SHEET.

If the petitioner is aggrieved with the FINAL REPORT, he can file a NARAZI PETITION. And the defendant can file a DISCHARGE PETITION against CHARGE SHEET.

If discharge is not issued, the person will be asked whether he is guilty or not. If he admits his guilt, he will be punished accordingly. But if he does not admit then-

i) Examination in chief

ii) Cross examination

iii) Re-examination

Then ARGUMENT, CONVICTION or ACQUITTAL.

 

Post-trial stage-

Execution of judgment. Appeal can be filed within the limited period fixed by the law (normally 30 days).

Then the provisions of APPEAL, REVISION and REVIEW.

If a person is sentenced to death, his record will automatically go to the HCD. Because no death penalty will be executed without the consent of the HCD.

 

Post trial stage includes the execution of judgment and some other proceedings.

Post trial stage can be divided into 2 parts-

i) Exceptional proceedings

ii) Execution proceedings

 

i) Exceptional proceedings-

  • Appeal may be filed
  • Revision may be filed
  • Review (Criminal courts have no review jurisdiction except in some exceptions.)
  • Provision of writ
  • Quashment

 

Time limit to file an appeal-

7 days- to file an appeal in case of death penalty excluding the time to collect the judgment papers.

90 days- to file an appeal in other matters.

30 days- to file an appeal in subordinate court.

60 days- for second appeal.

 

APPEAL- An application or petition filed to the superior court against the judgment of subordinate court.

REVISION- To revise the judgment.

If failed to file an appeal then a CONDONATION OF DELAY can be filed.

In criminal case, no revision is allowed without an appeal.

In criminal case, 2nd appeal is not allowed. Revision is allowed after 1st appeal.

 

Review is allowed if it is a mistake of fact, but it is not allowed in mistake of law.

In civil matters, Revision is allowed before appeal.

 

Quashment and Revision are the same. The reasons for which a Revision is allowed, Quashment is also allowed for the same reasons.

 

Difference between Revision and Quashment:

Revision

Quashment

i) Discretionary power of the court

i) Inherent jurisdiction of the court

ii) Under s. 439, 439A, 435, 438 of CrPC

ii) Section 561A of CrPC

iii) To revise a judgment

iii) For 3 purposes-

a) To give effect to an order passed by any criminal court.

b) to prevent abuse of the process of the court and;

c) to secure ends of justice

iv) After passing the judgment

iv) Even in a pending case

v) Jurisdiction is of both Subordinate courts and HCD

v) only jurisdiction of the HCD.

 

in Quashment, both the parties are not heard. In revision, both the parties are heard.

 

Bail-

Bail is of 4 types-

i) bail in non-cognizable offence- It is his right (an offence, punishment of which is 1 month and 1,000 tk.)

ii) Bail in cognizable offence

iii) Anticipatory/ Pre-arrest bail

iv) Ad-interim bail/ Interim bail

 

Only one writ is allowed in criminal case i.e. Habeas Corpus

 

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