Criminal Proceeding in Bangladesh:
In Bangladesh the Criminal Proceeding is adversarial or accusatorial in nature where the entire process is a contest between two parties. Criminal Proceedings in Bangladesh are regulated by the Code of Criminal Procedure 1898. Criminal Procedure is the body of law setting out the process that deals with the matters in criminal nature.
Stages of Criminal Proceeding:
Initial Stages includes the following steps:
- FIR in cognizable offence;
- Complain in cognizable & non-cognizable offence
- Charge Sheet or Final Report
- Naraji Petition
Proceeding Stage includes the following steps:
- Taking Cognizance
- Issuing Process
- Transfer of the Case
Trail Stage includes the following steps:
- Framing of Charge
- Plea & Conviction
- Hearing/Taking Evidence/Examination Etc.
Criminal Cases are tried before the Judicial Magistrate and/or the Session Judge court as per their nature and procedure.
- Trail By Magistrate:
- Section 241 of CrPC: Procedure in Cases.
- Section 241A of CrPC: When accused shall be discharged.
- Section 242 of CrPC: Charge to be framed.
- Section 243 of CrPC: Conviction on admission of truth of accusation
- Section 244 of CrPC: Procedure when no such admission is made.
- Section 245 of CrPC: Acquittal or Sentence
- Section 247 of CrPC: Non-appearance of Complainant
- Section 2418 of CrPC: Withdrawal of Complaint
- Section 249 of CrPC: Power to stop proceedings when no complainant.
2. Trail by Court of Session:
- Section 265A of CrPC: Trail to be conducted by Public Prosecutor
- Section 265B of CrPC: Opening Case for Prosecution
- Section 265C of CrPC: Discharge
- Section 265D of CrPC: Framing Charge
- Section 265E of CrPC: Conviction of Plea of Guilty
- Section 265F of CrPC: Date for prosecution evidence
- Section 265G of CrPC: Evidence of Prosecution
- Section 265H of CrPC: Acquittal
- Section 265I of CrPC: Entering upon Defence
- Section 265J of CrPC: Arguments
- Section 265K of CrPC: Judgment of Acquittal or Conviction
Post Trail Stage includes the following Step:
- Execution of Sentence