How to File a Criminal Case in Bangladesh:
In Bangladesh Criminal Cases are filed and governed by the provisions of the Code of Criminal Procedure 1898 (CrPC). A criminal case may be begin by filing a Complaint Petition before a Magistrate or by lodging First Information Report (F.I.R) in a police station. In this article we have discuss the whole process of filing a criminal case mentioning the provision of the CrPC.Â
In Bangladesh mainly Criminal Cases may be started by the following ways:Â
- By Filing a Complaint Petition before a MagistrateÂ
- By lodging a First Information Report (FIR) in a Police Station
By Filing a Compliant Petition before a Magistrate:Â
What is Complaint Petition: According to Section 4(h) of the CrPC, Â “Complaint” means the allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person whether known or unknown, has committed an offence, but it does not include the report of a police-officer.Â
From the definition it is clearly stated that, Complaint may be oral or written allegation made against some persons known or unknown for committing any particular offence and it must be made to a Magistrate for taking necessary action under CrPC. Police Report under Section 173 of the CrPC does not include as Complaint.
Magistrate:Â The Complaint is to be filed before the Chief Judicial Magistrate, Additional Chief Judicial Magistrate, or the Magistrate authorized in this behalf. (Cr R O Vol I Rule 88)
Examination of Complainant: When a complaint is made before the Magistrate, according to section 200 of the CrPC the Magistrate shall examine the Complainant and record his statement in writing and it shall be signed by the Complainant and also by the Magistrate.Â
When a Case is filed by a Complaint Petition before a Magistrate such case is registered in a Complaint Register in court. So it is called CR Case.Â
On Receipt of a Complaint of an Offence a Magistrate may order the followings:Â
- On Receipt of a Complaint of an Offence if the Magistrate found that there is sufficient ground for proceeding he may issue summon or warrant as per 4th Column of the second schedule under section 204 of the CrPC and if the Magistrate found that there is no sufficient ground for proceeding he may dismiss the Complaint under section 203 of the CrPC; or
- On Receipt of a Complaint of an Offence if the Magistrate thinks fit postpone the issue of Summon or Warrant and direct an inquiry or investigation to ascertain the truth or falsehood of the complaint under section 202 of the CrPC. After the investigation or inquiry if the magistrate found no sufficient ground for proceeding, he may dismiss the complaint under section 203 of the CrPC and if the magistrate found sufficient ground he may issue summon or warrant under section 204 of the CrPC.Â
By lodging a FIR in a Police Station:Â
Though the word “First Information Report (FIR)” is not mentioned in the CrPC. It is mentioned the Police Regulation of Bengal (PRB). However Section 154 of the CrPC stated about the first information of cognizable cases as follows;Â
Every information relating to the commission of a cognizable offence if given orally to an officer in charge of a police-station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the Government may prescribe in this behalf.
Such information shall be drawn up by the Officer in charge of the Police Station in B.P Form No. 27 . This is Called Police Case and such a case is registered in a General Register. So it is also called GR Case.Â
After receipt of any information relating to the commission of a cognizable offence the officer-in-charge of a police station may without the order of a Magistrate investigate the offence under section 157 of the CrPC.
