Village Court Act, 2006

Village Court is the lowest judicial tier in the judicial hierarchy of Bangladesh. The Village Court Act, 2006 has enacted to establish the Village Court and for the speedy and smooth settlement of certain disputes in the jurisdiction of every union of the country. The Village Courts Act, 2006 consists of 21 Sections and One Schedule having two parts. The first part of the schedule mentions Criminal cases to be tried by the Village Court and the second part of the Schedule mentions Civil cases to be tried by the Village Court. In this article we have discuss the basic features of the said act. 

Cases which are triable by the Village Court: According to Section 3 of the said act, 

(1) Notwithstanding anything contained in the Code of Criminal Procedure and in the Code of Civil Code, all cases relating to offences specified in part I of the schedule and to matters specified in part II thereof shall, save as otherwise provided hereunder, be triable by Village Courts, and no civil or criminal court shall have jurisdiction to try any such case or suit.

(2) The following cases shall not be tried by the Village Court though they are mentioned in the schedule, if-

  • the interest of a minor is involved in the suit;
  • provision of arbitration has been made in a contract between the parties to the dispute;
  • the Government or a local authority or a public servant acting in the discharge of his duty is a party to the dispute. 

Application for constitution of a Village Court: According to Section 4 of the said Act,

  • Where a case is triable under this Act by a Village Court, a party to the dispute may, in the prescribed manner apply to the Chairman of the Union Parishad concerned for the constitution of a Village Court for the trial of the case and the Chairman shall, unless for reasons to be recorded in writing, he rejects the application, proceed to constitute, in the prescribed manner, a Village Court for the purpose.
  • Any person aggrieved by an order of rejection may prefer in the prescribed manner and within the prescribed time, an application for revision to the Assistant Judge having jurisdiction. The Assistant Judge shall conclude the revision within 30 days. 

Composition of the Village Courts: According to the Section 5 of the said Act, 

  • A Village Court shall consist of a chairman and two members to be nominated by each of the parties to the dispute; Provided that one of the two members to be nominated by each party shall be a member of the Union Parishad concerned.
  • The Chairman of the Union Parishad shall be the Chairman of the Village Court, but where he is, for any reason, unable to act as chairman or his impartiality is challenged by any party to the dispute, any member of the Union Parishad other than those mentioned under sub-section (1) appointed in the prescribed manner, shall be the Chairman of the Village Court.
  • If either party to the dispute consists of more than one person, the Chairman shall call upon the persons constituting the party to nominate the two members on their behalf and if they fail so to nominate, shall authorise any one of such persons to do so and thereupon the person so authorised shall nominate such members.
  • Notwithstanding anything contained in sub-section (1) any party to the dispute with the permission of the Chairman, may nominate any person other than the members of the Union Parishad, members of the Village Court.
  • Notwithstanding anything contained in other provisions of this section where members cannot be nominated within the prescribed time, the Village Court shall be deemed to have been constituted without such members and it shall be legally competent to continue with the proceedings.

Powers of the Village Court: According to section 7 of the said act,

  • A village court shall have power only to pass order to pay compensation of taka not exceeding 3 Lacs in respect of offences specified in part I of the schedule.
  • In a suit relating to a matter specified in part II of the schedule the Village Court shall have power to order payment of money up to the amount mentioned there in respect of such matter of delivery of property or possession to the actual owner thereof.

Restriction on Appearance through Advocate: According to Section 14 of the said Act,

No party shall be permitted to engage any Advocate or legal practitioner to conduct his case before any Village Court.

Investigation by Police: According to Section 17 of the said act, 

Nothing in this Act shall prevent the police from investigating a cognizable case by reason of the fact that the case relates to an offence specified in Part I of the Schedule, but if any such case is taken to a Criminal Court, such Court may, if it thinks fit, direct that it be referred to a Village Court constituted under this Act.

Schedule

Part I : Criminal cases

  1. Sections 143 and 147 of the Penal Code (Act XLV of 1860), read with the Third or the Fourth clause of section 141 of the Code, when the common object of the unlawful assembly is to commit an offence under section 323 or 426 or 447 of that Code, and when not more than ten persons are involved in the unlawful assembly.
  2. Sections 160, 334, 341, 342, 352, 358, 504, 506 (first part), 508, 509 and 510 of the Penal Code.
  3. Sections 379, 380 and 381 of the Penal Code, when the offence committed is in respect of cattle and the value thereof does not exceed Three Lacs taka.
  4. Sections 379, 380 and 381 of the Penal Code, when the offence committed is in respect of any property other than cattle, and the value of such property does not exceed Three Lacs taka.
  5. Sections 403, 406, 417 and 420 of the Penal Code, when the amount in respect of which the offence is committed does not exceed Three Lacs taka.
  6. Section 427 of the Penal Code, when the value of the property involved does not exceed Three Lacs taka.
  7. Sections 428 and 429 of the Penal Code, when the value of the cattle does not exceed Three Lacs taka.
  8. Attempts to commit or the abetment of the commission of any of the above offences.

Part II : Civil Suits

  1. Suit for the recovery of money due on contracts, receipts or
    other documents.
  2. Suit for the recovery of movable property or for the value thereof.
  3. Suit for the recovery of possession of immovable property
    within one year of dispossession.
  4. Suit for compensation for wrongfully taking or damaging movable property.
  5. Suit for damages by cattle trespass.
  6. Suit for recovery of wage and compensation of agricultural labour.

When the amount claimed or the price of movable property or the value of immovable property involved does not exceed Three Lacs taka.

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