1

JURISDICTION IN BANGLADESH
After the emergence of Bangladesh in 1971, initially there was no change of laws and the judicial system. But with the
coming into force of the Constitution of Bangladesh on 16 December 1972, the Supreme Court of Bangladesh with two
divisions, the High Court Division and the Appellate Division, came into being. As the apex court the high court division
has been vested with the power to hear appeals and revisions from subordinate courts, and also to issue orders and
directives in the nature of writs to enforce fundamental rights and to grant other reliefs available under the writ jurisdiction.
The appellate division is vested with power to hear appeals from the decisions of the high court division or from any other
body under any statute. The high court division has also powers of supervision and control of the subordinate courts and
tribunals. The supreme court is a court of record and can punish any one for its contempt or contempt of the courts
subordinate to it. The laws declared by the appellate division is binding on the high court division and law declared by
either division is binding on all subordinate courts. The high court division may declare any law inconsistent with the
fundamental rights as null and void. The President of the republic controls the judicial officers of the subordinate courts in
consultation with the supreme court.
There are labour courts and labour appellate tribunals to decide labour disputes, administrative tribunals and administrative
appellate tribunal to decide service disputes of public servants, income tax appellate tribunal to decide income tax disputes,
custom, excise and VAT Appellate tribunal to decide disputes regarding custom and excise duties and VAT, court of
settlement to decide disputes about abandoned properties, special judges to try corruption cases against public servants,
special tribunals to try criminal cases under the Special Power Act 1974 and Nari-o-Shishu Nirjatan Daman Adalats to
decide cases of crimes committed against children and women. To decide election disputes the election tribunals are
constituted with judicial officers. Other tribunals follow the some procedure. Family courts have been constituted with
assistant judges to decide family disputes. To decide money claims of the banks and other financial institutions Artha Rin
Adalats have been set up presided over by judges, and insolvency courts have been set up presided over by district or
additional district Judges to declare defaulting borrowers as insolvent. To try offences committed by children below the age
of 16 years, juvenile courts have been formed with the magistrates and sessions judges, and juvenile courts follow the
special procedure laid down in the childrens Act. Court martial formed under the provisions of the Army Act, Air Force
Act, and Navy ordinance, tries the offences committed by the members of the armed forces, and the decision of such a court
cannot be challenged in the supreme court. There are village courts in the rural areas and municipal conciliation boards in
the urban areas to decide petty civil and criminal cases. The land appeal board is the highest authority to hear revenue
appeals from the decisions of the subordinate land revenue authorities, and the national board of revenue decides tax, duty,
excise and VAT cases at the highest level. Almost all the substantive laws creating rights and obligations are those enacted
during the British period, and are still in operation with modifications from time to time. The most important modifications
of the Code of Criminal Procedure are abolition of the provisions of enquiry made by the magistrate to see whether there is
a prima-facie case against the accused to send him for trial in the court of sessions and trial of sessions cases by the
assessors. The legal system of Bangladesh is basically a common law system with the difference that the supreme court can
not only interpret laws made by the jatiya sangsad but can also declare the same null and void and enforce fundamental
rights of the citizens. Though the legal system is founded on the English common law, most of the laws of Bangladesh are
statutory laws enacted by the legislature and interpreted by the higher courts. The procedural laws provide for an adversarial
system of litigation in which prosecution has to prove the guilt of the accused who has no burden save in some exceptional
cases, and the accused is presumed innocent till found guilty after trial, whereas in a civil case the burden is divided
between the litigating parties. Moreover, there is a separation of powers amongst the legislature, executive and judiciary.

2
The supreme court is not only independent of the other organs, but also acts as the guardian of the Constitution. Though the
subordinate judiciary is independent in exercising of judicial power, the same is under eclipse due to the absence of
separation of the lower judiciary from the executive. Consecutive governments committed themselves to separation, but as
yet no action has been taken at the ground level. The Sangsad can enact laws, but the same cannot be inconsistent with the
provisions of the Constitution, which include a number of fundamental rights. Thus the legislative power of the Bangladesh
Jatiya Sangsad is not unlimited like that of the British parliament which is said to have power to make any law. The basic
law of Bangladesh is the constitution of the Peoples Republic of Bangladesh, 1972 as amended from time to time. Till
1996, thirteen amendments have been made. All laws of the country are subordinate laws made by the elected Sangsad
conforming to the tenets of the Constitution. The laws enacted by the legislature and now in operation regulate almost all
spheres of life. Ordinarily executive authorities and statutory corporations cannot make any law, but can make by-laws to
the extent authorized by the legislature. Such subordinate legislation is known as rules or regulations. Unless found ultra
vires of the parent law, such rules or regulations are also enforceable by the court like the laws made by the legislature.
Important laws of the country may be classified under some broad heads such as land and property laws, personal laws,
commercial laws, labour and industrial laws, election laws, law of crimes, service laws, fiscal laws, press laws and laws
relating to the remedies. In addition, there are various other laws on different subjects regulating different fields and spheres
of activities of national life. To seek remedy a person has to file a case before the appropriate court or authority. Claims
regarding money, property, compensation etc is to be filed before the civil court presided over by the assistant judge or
subordinate judge according to value of the claim, and complaint against commission of crime is to be filed either with the
local police station or in the criminal court of the magistrate of the first class of the locality. The police investigates the
cases lodged with the police station and produces witnesses before the court during trial. On the other hand, it is the
responsibility of the complainant to produce witnesses before the court in the cases in which magistrates take cognizance on
the basis of a written complaint. There are other authorities before which remedies may be sought by an aggrieved party.
Those authorities are administrative authorities or tribunals. Except in respect of enforcement of fundamental rights,
admiralty, company matters and writ petitions, relief cannot be sought directly from the high court division which mainly
deals with appeals and revisions from the decisions of the subordinate courts.
The legal system is so vast and complicated that an ordinary person without the help of a legal practitioner (known as
advocate) cannot effectively seek legal remedy from the court, administrative authorities or tribunals though there is no
legal bar in seeking remedy directly without engaging a lawyer. The attorney general is the principal law officer of the
government. He is also leader of the bar and ex-officio chairman of the bangladesh bar council. He is assisted by the
additional attorney general, deputy attorney generals and assistant attorney generals. They represent the state in the supreme
court and conduct cases at courts on behalf of the state. The government pleader is the principal law officer of the
government in the district and he is assisted by the additional and assistant government pleaders. They represent the state in
the subordinate civil courts in the district and conduct cases in those court on behalf of the state. Similarly the public
prosecutor is another principal law officer of the government in the district in criminal matters. He is assisted by the
assistant public prosecutors. They conduct prosecution cases on behalf of the state in the courts of sessions, sessions level
courts or tribunals in the district. The police inspectors conduct prosecution cases on behalf of the state in the courts of the
magistrates. In Bangladesh every one is equal before the law and entitled to equal protection of law, and there cannot be any
discrimination on the ground of religion, race, sex, etc and no one can be detrimentally affected in life, liberty, body,
reputation or property except in accordance with law. rule of law is one of the basic features of the legal system of
Bangladesh. [Kazi Ebadul Hoque

3
CIVIL COURTS AND THEIR JURISDICTIONS:- The Code of Civil Procedure, 1908(Act V of 1908),forms one of the
most important, part of the adjective law of Bangladesh because it contains the law in accordance with which courts of civil
judicature proceed in the trial of suits and other proceedings before them. Subject to the appellate jurisdiction of the
Appellate Division of the Supreme Court, the High Court Division is the highest court of civil judicature in Bangladesh
which has superintendence and control over District court, Civil Court of a grade inferior to that of a District Court and
Court of Small Causes. These Courts include five classes of Civil Courts: *(a) The Court of the District Judge; (b) The Court
of the Additional District Judge; (c) The Court of the Joint District Judge; (d) The Court of the Senior Assistant Judge and
(e) The Court of the Assistant Judge.
Hierarchy of Civil Courts
The structure of civil courts in Bangladesh are as follows:
1.
The Court of the District Judge
2.
The Court of the Additional District Judge
3.
The Court of the Joint District Judge
4.
The Court of the Senior Assistant Judge
5.
The Court of the Assistant Judge
* Section 3 was substituted, for section 3 by section 2 of the Civil Courts (Amendment), Act2001 (Act No. XLIX of
2001)
ORDINARY JURISDICTION
Under section- 18 of civil procedure extent of original jurisdiction of District or Joint District Judge:- Save as
otherwise provided by any enactment for the time being in force, the jurisdiction of a District Judge or 1Joint District] Judge
extends, subject to the provisions of section 15 of the Code of Civil Procedure, 1908 to all original suits for the time being
cognizable by Civil Courts.
Under section- 19 of civiel procedure Extent of jurisdiction of Senior Assistant Judge, etc.:- Save as otherwise
provided by any enactment for the time being in force, the jurisdiction of a Senior Assistant Judge and an Assistant Judge
shall extend to all suits of which the value does not exceed four lac Taka and two lac Taka respectively.
Under section- 20 of civiel procedure 3[Appeal from District and Additional District Judges]
(1) Save as otherwise provided by any enactment for the time being in force, an appeal from a decree or order of a District
Judge or 4[ Additional District] Judge
shall lie to the High Court Division.
(2) An appeal shall not lie to the High Court Division from a decree or order of an 5[ Additional District] Judge in any case
in which, if the decree or order had been
made by the District Judge, an appeal would not lie to that Court. 6
Under section- 21 of civiel procedure 7[Appeal from Joint District Judge, etc.]
(1) Save as aforesaid, an appeal from a decree or order of a 8 [Joint District] Judge shall lie(a) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or
order was made did not exceed 9 [five lac Taka] and
(b) to the High Court Division in any other case.
(2) Save as aforesaid, an appeal from a decree or order of a

10

[Senior Assistant Judge or an Assistant Judge] shall lie to the

District Judge.
(3) Where the function of receiving any appeals which lie to the District Judge under sub-section (1) or sub-section (2) has
been assigned to an 11 [Additional District] Judge, the appeals may be preferred to the 12[Additional District] Judge.

4
(4) The High Court Division may, with the previous sanction of the Government, direct, by notification in the official
Gazette, that appeals lying to the District Judge under sub-section (2) from all or any of the decrees or orders of
any 13 Senior Assistant Judge or an Assistant Judge], shall be preferred to the Court of such

14

Joint District] Judge as may be

mentioned in the notification, and the appeals shall thereupon be preferred accordingly.
THE ADMINISTRATIVE TRIBUNALS: Constitution: Administrative Tribunals have been established by the
Government and each of the tribunals consists of one member appointed by the Government from amongst persons who are
or have been district judge.
Jurisdiction: It has exclusive jurisdiction to hear and determine application made by any person in the service of the
Peoples Republic in respect if the terms and condition of his service. Appeal lies from the decision of this tribunal to the
appellate tribunal.
Constitution: This Tribunal consists of one member only appointed by the Government from the amongst the sitting or
retired judges of the H.C.D.
B.

Jurisdiction:

Appeal lies from the decision of the labour court to this tribunal subject two provision of the respective labour and
industrial laws.
A. CONSTITUTION: With a view to adjudicate disputes regarding employment of commercial or industrial labour a
labour courts have been established. These consist of a chairman and two members. The chairman is appointed from
amongst the District Judges or Additional district judges and one of the consultation with the employers and the other in
consultation with the workmen.
B. JURISDICTION:
(I)
(II)

Adjudicate and disputes (*) industrial disputes (*) lay of (*) Termination and dismissal from service etc.
Try offences (*) unfair labour practice (*) illegal strike or lock out (*) Non compliance of orders etc.

C. CONSTITUTION:
Family Courts have been establish under the Ordinance 1985. The Assistant Judge is the judicial officer of this court.
B. JURISDICTION:
This court will have jurisdiction over the following matters:
(1)

Dissolution of marriage

(2)

Dower

(3)

Restitution of conjugal rights

(4)

Maintenance

(5)

Guardianship and custody of children

A. CONSTITUTION: Artho Rin Adalat (Loan Recovery Courts) have been constitution with Joint district Judges in
every district. To realize debt due to banks and financial Institutions as specified in the Act, 2003.
(II) Procedure to be followed: Unless there is anything repugeant in the Act, the court many follow the procedures as laid in
the C.P.C.
CONSTITUTION: As there is small cases court to ensure speedy justice and early disposal of disputes of small amount,
the Government has empowered the form courts to try the cases of small amount.
(A) Small cause suit valued up to taka six thousand is to be filed in the court of Assistant Judge.
(B) Suit valuation up to taka ten thousand to be field in the Senior Assistant Judge of the local area.

5
(C) Suit valued up to taka twenty thousand is to be field in the Joint District Judge of the local area vested with small
causes power.
NOTES AND REFERENCES

The words Joint District were substituted, for the word Subordinate by section 9 of the Civil Courts

(Amendment) Act, 2001 (Act No. XLIX of 2001)

Section 19 was substituted, for the former section 19 by section 10 of the Civil Courts (Amendment) Act, 2001 (Act

No. XLIX of 2001).

The marginal heading was substituted, for the former marginal heading by section 11 of the Civil Courts

(Amendment) Act, 2001 (Act No. XLIX of 2001)

The words Additional District were substituted, for the word Additional by section 11 of the Civil Courts

(Amendment) Act, 2001 (Act No. XLIX of 2001).

The marginal heading was substituted, for the former marginal heading by section 11 of the Civil Courts

(Amendment) Act, 2001 (Act No. XLIX of 2001).

The words Additional District were substituted, for the word Additional by section 11 of the Civil Courts

(Amendment) Act, 2001 (Act No. XLIX of 2001).

The marginal heading was substituted, for the former marginal heading by section 12 of the Civil Courts

(Amendment) Act, 2001 (Act No. XLIX of 2001).

The words Joint District were substituted, for the word Subordinate by section 12 of the Civil Courts

(Amendment) Act, 2001 (Act No. XLIX of 2001).

The words Five lac Taka were substituted, for the words one lac and thirty thousand Taka by section 12 of the

Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).

The words Senior Assistant Judge or an Assistant Judge were substituted, for the words Assistant Judge by

section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
The words Additional District were substituted, for the word Additional by section 12 of the Civil Courts

(Amendment) Act, 2001 (Act No. XLIX of 2001).

The words Additional District were substituted, for the word Additional by section 12 of the Civil Courts

(Amendment) Act, 2001 (Act No. XLIX of 2001).

The words Senior Assistant Judge or an Assistant Judge were substituted, for the words Assistant Judge by

section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
The words Joint District were substituted, for the word Subordinate by sections 12 and 13 of the Civil Courts

(Amendment) Act, 2001 (Act No. XLIX of 2001).

The marginal heading was substituted, for marginal heading by section 13 of the Civil Courts (Amendment) Act, 2001

(Act No. XLIX of 2001).

The words Joint District were substituted, for the word Subordinate by sections 12 and 13 of the Civil Courts

(Amendment) Act, 2001 (Act No. XLIX of 2001).

The words Senior Assistant Judges or Assistant Judges were substituted, for the words Assistant Judges by

section 13 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
The words Joint District were substituted, for the word Subordinate by section 14 of the Civil Courts

(Amendment) Act, 2001 (Act No. XLIX of 2001).

The words Senior Assistant Judge or Assistant Judge were substituted for the words Assistant Judge by section 14

of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
The words Joint District were substituted, for the word Subordinate by section 14 of the Civil Courts

(Amendment) Act, 2001 (Act No. XLIX of 2001).

The words Senior Assistant Judge or Assistant Judge were substituted for the words Assistant Judge by section 14

of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
Sub-clause (e) was omitted by section 6(2) of the Bengal, Agra and Assam Civil Courts (Bengal Amendment) Act,

1935.
The words Joint District were substituted, for the word Subordinate by sections 14, 15 and 16 of the Civil Courts
(Amendment) Act, 2001 (Act No. XLIX of 2001).

The words Senior Assistant Judge or Assistant Judge were substituted, for the words Assistant Judge by sections

14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
The words Joint District were substituted, for the word Subordinate by sections 14, 15 and 16 of the Civil Courts

(Amendment) Act, 2001 (Act No. XLIX of 2001).

The words Senior Assistant Judge or Assistant Judge were substituted, for the words Assistant Judge by sections

14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
The words Senior Assistant Judge or Assistant Judge were substituted, for the words Assistant Judge by sections

14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
The words Senior Assistant Judge or Assistant Judge were substituted, for the words Assistant Judge by sections

14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
In the marginal heading the words Senior Assistant Judges or Assistant Judges were substituted, for the words

Assistant Judges by section 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
The words Joint District were substituted, for the word Subordinate by sections 14, 15 and 16 of the Civil Courts

(Amendment) Act, 2001 (Act No. XLIX of 2001).

The words Senior Assistant Judge or Assistant Judge were substituted, for the words Assistant Judge by sections

14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
The word Provincial was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And

Declaration) Act, 1973 (Act No. VIII of 1973).

The words, brackets and figures twenty thousand Taka in the case of a Subordinate Judge or ten thousand Taka in the

case of an Assistant Judge whose jurisdiction has been extended under sub-section (2) of section 19 or six thousand
Taka in the case of any other Assistant Judge were substituted, for the words, brackets and figure ten thousand Taka in
the case of a Subordinate Judge or five thousand Taka in the case of an Assistant Judge whose jurisdiction has been
extended under sub-section (2) of section 19 or three thousand Taka in the case of any other Assistant Judge by section
4 of the Civil Courts (Amendment) Act, 1990 (Act No. XLVIII of 1990).
The words Joint District were substituted, for the word Subordinate by section 16 of the Civil Courts

(Amendment) Act, 2001 (Act No. XLIX of 2001).

The words a Senior Assistant Judge or six thousand Taka in the case of an Assistant Judge were substituted, for the

words an Assistant Judge whose jurisdiction has been extended under sub-section (2) of section 19 or six thousand
Taka in the case of any other Assistant Judge by section 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX
of 2001).
In the marginal heading the words Senior Assistant Judges or Assistant Judges were substituted, for the words

Assistant Judges by section 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
Section 25A was inserted by section 17 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001)
Criminal Courts:- The criminal law of Bangladesh makes due allowance for existence of courts of special jurisdiction and
establishes various types of criminal courts across Bangladesh subordinate to the SC. The Code of criminal Procedure
(CrPC) 1898 is the legal bases of the criminal courts in Bangladesh. S.6 of this code lays down that besides the SC and the
courts constituted under any law for the time being in force, other than this code, there shall be two classes of criminal
courts in Bangladesh.
Classes of Criminal Courts:- Classes of Criminal Courts.- (1) Besides the Supreme Court and the Courts constituted under
any law for the time being in force, other than this Code, there shall be two classes of Criminal Courts in Bangladesh,
namely:(a) Courts of Sessions ;and
(b) Courts of 2[ Magistrates].
(2) There shall be two classes of Magistrate, namely:
(a) Judicial Magistrate and
(b) Executive Magistrate.

7
(3) There shall be four classes of judicial Magistrate, namely:
(a) Chief Metropolitan Magistrate in Metropolitan Area and Chief judicial Magistrate to other areas;
(b) Magistrate of the first class, who shall in Metropolitan Area, be known as Metropolitan Magistrate;
(c) Magistrate of the second class; and
(d) Magistrate of the third class
Explanation: For the purpose of this sub-section, the word Chief Metropolitan Magistrate and Chief judicial
Magistrate shall include Additional Chief Metropolitan Magistrate and Additional Chief judicial Magistrate
respectively.]
Under Section- 7 of criminal Procedure sessions divisions and districts Power to alter divisions and districts Existing
divisions and districts maintained till altered:- Bangladesh shall consist of sessions divisions: and every sessions division
shall, for the purposes of this Code, be a district or consist of districts.
Under Section- 8 of criminal Procedure Power to divide districts into Upazilas etc Existing sub-divisions
maintained:- The Government may divide a district into Upazilas and, by notification in the official Gazette, fix or alter the
limits of a Upazila or merge the areas of more than one Upazila into one Upazila and in so fixing, altering or merging, the
Government shall ensure that the area of a Upazila is identical with the local area included in a police Station.]
Under Section- 9 of criminal Procedure
Court of Sessions
(1) The Government shall establish a Court of Session for every sessions division, and appoint a judge of such Court 4[ ;
and the Court of Session for 5[ a] Metropolitan Area shall be called the Metropolitan Court ofSession.]
(2) The Government may, by general or special order in the official Gazette, direct at what place or places the Court
of Session shall hold its sitting; but, until such order is made, the Courts of Session shall hold their sittings as heretofore.
(3) The Government may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercisejurisdiction in
one or more such Courts. 6[ ***] Provided that where in a district, the District Magistrate, Additional District Magistrate or
any Magistrate of the first class is specially empowered under section 29C to try any offence, all Assistant Sessions Judges
of the sessions division within which the district is situate shall be deemed to have been appointed as Additional Sessions
Judges of that division.]
The members of the Bangladesh Judicial Service shall be appointed as Sessions Judge, Additional Sessions Judge and Joint
Sessions Judge in accordance with the rules framed by the President under the proviso toArticle 133 of the constitution to
exercise jurisdiction in one or more of such areas.]
(4) A Sessions Judge of one sessions division may be appointed by the Government to be also an Additional Sessions Judge
of another division, and in such case he may sit for the disposal of cases at such place or places in either division as the
Government may direct.
(5) All Courts of Session existing when this Code comes into force shall be deemed to have been established under this Act.
Under Section- 10 of criminal Procedure
Executive Magistrates.
Executive Magistrates.- (1) In every district and in every Metropolitan Area, the Government shall appoint as many persons
as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrat
(2) The Government may also appoint any Executive Magistrate to be an Additional District Magistrate, and such
Additional District Magistrate shall have all or any of the powers of a District Magistrate under this Code or under any
other law for the time being in force, as the Government may direct.

8
(3) Whenever in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to
the chief executive in the administration of the district, such officer shall, pending the orders of the Government, exercise
all the powers and perform all the duties respectively conferred and imposed by this Code on the District Magistrate.
(4) The Government may, or subject to the control of the Government, the District Magistrate may, from time to time, by
order define local areas within which the Executive Magistrate may exercise all or any of the powers with which they may
be invested under this Code and, except as otherwise provided by such definition, the jurisdiction and powers of every such
Executive Magistrate shall extend throughout the district.
(5) The Government may, if it thinks expedient or necessary, appoint any persons employed in the Bangladesh Civil Service
(Administration) to be an Executive Magistrate and confer the powers of an Executive Magistrate on any such member.
(6) Subject to the definition of the local areas under sub-section (4) all persons appointed as Assistant Commissioners,
Additional Deputy Commissioners or Upazila Nirbahi officer in any district or Upazila shall be Executive Magistrates and
may exercise the power of Executive Magistrate within their existing respective local areas
(7) Nothing in this section 9[ shall] preclude the Government from conferring, under any law for the time in force, on a
Commissioner of Police, all or any of the powers of an executive Magistrate in relation to a Metropolitan area.
Under Section- 11 of criminal Procedure
Judicial Magistrates.:- In every district outside a Metropolitan Area, the Chief Judicial Magistrates 10[ , Additional Chief
Judicial Magistrate] and other Judicial Magistrates shall be appointed from the persons employed in the Bangladesh Judicial
service in accordance with the rules framed by the president 11under the proviso to Article 133 of the constitution.
An Additional Chief Judicial Magistrate shall have all or any of the powers of the Chief Judicial Magistrate under this Code
or any other law for the time being in force, as the Government may direct.]
The Government may, or subject to the general or special orders issued by the Government in consultation with the High
Court Division, the Chief Judicial Magistrate may, from time to time, define local areas within which the Judicial
Magistrates may be invested under this Code, and except as otherwise provided by such definition the jurisdiction and
powers of every such Magistrate shall extend throughout the district.
Notwithstanding anything contained in this section, the Government may require any Executive Magistrate to perform the
functions of a Judicial Magistrate for a period to be determined in consultation with the High Court Division and during
such period, the Magistrate shall not perform the functions of an Executive Magistrate.
Under Section- 12 of criminal Procedure
Special Magistrate.
(1) The Government may confer upon any person all or any of the powers conferred or conferrable by or under this Code on
an Executive Magistrate in respect of particular cases or a particular class or classes of cases, or in regard to cases generally
in any local area outside a Metropolitan are a :
Provided that no power shall be conferred under the sub-section on any police officer below the grade of an Assistant
Superintendent of Police and no powers shall be conferred on a such police officer except so far as may be necessary for
preserving the peace, preventing crime and detecting apprehending and detaining offenders, in order to bring the offender
before a Magistrate, and for the performance by the officer of any other duties imposed upon him by any law for the time
being in force.
(2) The persons on whom the powers under sub-section (1) are conferred shall be called Special Executive Magistrates and
shall be appointed for such term as the Government may by general or special order direct.

9
(3) The Government may, in consultation with the High Court Division confer upon any Magistrate all or any of the powers
conferred or conferrable by or under this Code on a powers conferred or conferrable by or under this Code on a Judicial
Magistrate of the first, second or third class in respect of particular cases or a particular class or classes of cases or in regard
to cases generally in any local area outside a Metropolitan Area.
(4) The Magistrate on whom the powers under sub-section (3) are conferred shall be called Special Magistrates and shall be
appointed for such term as the Government may, in consultation with the High Court Division, by general or special order
direct
(5) The Government may in consultation with the High Court Division confer upon any Metropolitan Magistrate all or any
of the powers conferred or conferrable by or under this Code on Metropolitan Magistrate in respect of particular cases or a
particular class or classes of cases, or in regard to cases generally in any Metropolitan Area.
(6) The persons on whom the powers under sub-section (5) are conferred shall be called Special Metropolitan Magistrates
and shall be appointed for such term as the Government may in consultation with High Court Division by general or special
order direct.]
Under Section- 15 of criminal Procedure Benches of Magistrates Powers exercisable by Bench in absence of special
direction:- The Government may direct any two or more Magistrates in any place 14[ outside 15[ a] Metropolitan Area] to sit
together as a Bench, and may by order invest such Bench with any of the powers conferred or conferrable by or under this
Code on a Magistrate of the first, second or third class, and direct it to exercise such powers in such cases, or, such classes
of cases only, and within such local limits, as the Government thinks fit.
Under Section- 16 of criminal Procedure Power to frame rules for guidance of Benches:- The Government may, or,
subject to the control of the Government, the 16[ Chief Judicial Magistrate] may, from time to time, make rules consistent
with this Code for the guidance of Magistrates Benches in any district respecting the following subjects:(a) the classes of cases to be tried;
(b) the times and places of sitting;
(c) the constitution of the Bench for conducting trials;
(d) the mode of settling differences of opinion which may arise between the Magistrates in session.
Under Section- 17 of criminal Procedure Subordination of Magistrates and Benches to District Magistrate;
(1) All Executive Magistrate appointed under section 10 and 12 (1) shall be subordinate to the District Magistrate who may,
from time to time, give special order consistent with this Code as to the distribution ofbusiness among such Magistrates
(2) All Judicial Magistrates appointed under section 11 and 12 (3) and all Benches constituted under section 15 shall be
subordinate to the Chief Judicial Magistrate who may, from time to time give special orders consistent with this Code and
rules made by the Government under section 16 as to the distribution ofbusiness among Magistrates and Benches.
(3) All Metropolitan Magistrates including Additional Chief Metropolitan Magistrate, and Special Metropolitan Magistrate
appointed under section 12 (5) and Benches constituted under section 19, shall be subordinate to the chief Metropolitan
Magistrate, who may, from time to time, give special orders consistent with this Code and rules made by the Government
under section 16 as to the distribution of business among such Magistrates and Benches.
(4) All Judicial Magistrates including the Chief Judicial Magistrate shall be subordinate to the Sessions Judge and all
Metropolitan Magistrates including the Chief Metropolitan Magistrate shall be subordinate to the Metropolitan Sessions
Judge.
Under Section-17A of criminal Procedure Subordination of Joint Sessions Judges

10
(1) All Joint Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction, and the
Sessions Judge may, from time to time, make rules or give special orders consistent with this Code as the distribution of
business among such joint Sessions Judges.
(2)The Sessions Judge may also, when he himself is unavoidably absent or incapable of acting, make provision for the
disposal of any urgent application by an Additional or Joint Sessions Judge and such Judge shall have jurisdiction to deal
with any such application.]
Under Section- 18 of criminal Procedure Appointment of Metropolitan Magistrates
(1) In every Metropolitan Area, the Chief Metropolitan Magistrate, Additional Chief Metropolitan Magistrate and other
Metropolitan Magistrates shall be appointed from among the persons employed in the Bangladesh judicial Service.
(2) The Government may appoint one or more Additional Chief Metropolitan Magistrates, and such Additional Chief
Metropolitan Magistrates shall have all or any of the powers of the Chief Metropolitan Magistrate under this Code or under
any other law for the time being in force, as the Government may direct.
Under Section- 19 of criminal Procedure
Benches:- Any two or more of Metropolitan Magistrates may, subject to the rules made by the Chief Metropolitan
Magistrate, sit together as Bench.
Local limits of jurisdiction:- Every Metropolitan Magistrate shall exercise juris-diction in all places within 20[ a]
Metropolitan Area for which he is appointed.
Under Section- 21 of criminal Procedure
Chief Metropolitan Magistrate
(1) The Chief Metropolitan Magistrate shall exercise within the local limits of his jurisdiction all the powers conferred on
him or on a Metropolitan Magistrate
under this Code, or under any law for the time being in force] and may, from time
to time, with the previous sanction of the Government, make rules consistent with
this Code to regulate(a) the conduct and distribution of business and the practice in the Courts of
Metropolitan Magistrates;
(b) the constitution of Benches of Metropolitan Magistrates;
(c) the times and places at which such Benches shall sit;
(d) the mode of settling differences of opinion which may arise between
Metropolitan Magistrates in session; and
(e) any other matter which could be dealt with by a District Magistrate under his
general powers of control over the Magistrates subordinate to him.
(2) For the purposes of this Code, all Metropolitan Magistrates, including the
Additional Chief Metropolitan Magistrates, and Bench of such Magistrates shall be
subordinate to the Chief Metropolitan Magistrate; who may, from time to time,
make rules or give special orders consistent with this Code, as to the distribution of
business among such Magistrates.
JURISDICTION OF TRIBUNAL:- The tribunal shall not take any offence into cognizance without any written report of
any police officer not below the rank of sub-inspector or any other person authorised by the Government with any ordinary
or special order.

11
1) lf any appellant has failed to make his allegation to nay police officer or any authorise person and filed a. petition with an
affidavit of such failure to the tribunal then verifying the appellanta) being satisfied the tribunal shall direct, any substrate or any other person to inquire into the allegation and he person so
directed to inquiry shall submit the report to the tribunal within the period of seven working days;
b) being not satisfied the tribunal should dismiss the petition at once.
lb) If any tribunal is alter receipt of report, satisfied thata) the petitioner has Sailed to make any police officer or any authorised officer to take the petition and there are evidences
in support of the petition, then the tribunal shall take the offence for adjudication on the basis of such report and allegation;
b)

the tribunal shall dismiss the petition on disproof of that the petitioner has failed to make the police officer to take the

allegation,- or there is any evidence in support of such allegation.

c)

The tribunal may despite being not available of any allegation or recommendation in regard to it to take proceeding,

take any offence for trial, if considers appropriate and for the greater interest of justice.
A. CONSTITUTION: The speedy Trial Tribunals have been established with the session Judge under the speedy Tribunal
Act 2002.
B. JURISDICTION: This tribunal shall try of these certain offences of (a) murder (b) rape (c) possession of illegal arms,
(d) explosive (e) Narcotice within the specific time which are under trial of the different courts. Government will,by gazette
notification, transfer these cases from trying courts to this tribunals. It is mentionable that the result of disposal of the cases
of this tribunal is very satisfactory.
A. CONSTITUTION: Government has established Environmental Courts for the trial of offences to relating to
environmental pollution and matters. Environmental Courts have been constituted with the joint District Judges who are
also ex-officio Assistant secsion Judges to try major environment offences under the environmental protection Act 1995 and
other environmental laws and Rules. Similarly, Magistrates have been enpowed to try minor environment offense.
B. JURISDICTION :
1.
Try all environmental offence under the relevant laws.
2.
Sentence not exceeding 3 years as well as fine, not exceeding 3 lac taka or above.
C. Procedure to be fallowed: Unless other wise provided in this Act, the criminal procedure code shall be applicable.
SPECIAL TRIBUNAL:- Special Tribunal will judgment any cases which cases are come in special Tribunal. Special
Tribunal give death sentences any imprisonment and give any punishment which is approval in Law. The Arms Act and the
exclusive substant Act 1908 function with special Tribunal.
Ain Shrinkhala (Aparaddomon) Druto Bichar Ain 2000-2002
The Government may established one or more speedy Trial Tribunal in every district and metropolitan Area. For the
fulfillment of the object of this law. The court may be established one 1 st class Magistrate. This Tribunal complete their
judgment to complain of the any sub-inspector.
Conclusion : In the 1st chapter Introduction and 2nd chapter of this research paper I have discuss about the court
structure of Mughal period, British period, Indian Period, Pakistan period and Bangladesh Period and in the 3 rdchapter I
have discuss about civil court where only judge the civil cases in the act of 1887 with Amendment in 2001 there are five
kinds of civil courts1.
The Court of the District judge = The jurisdiction of this court in Five lac taka.
2.
The Court of the Additional District Judge = The jurisdiction of this court in five lac taka (Some).
3.
The Court of the joint District judge = This court can judge any unfixed case.
4.
The Court of the senior Assistant Judge = The jurisdiction of this court is four lac taka.

12
5.

The Court of the Assistant judge = The Jurisdiction of this court is two lac taka.

Beside these, there are criminal courts and this jurisdictionsCourt of Session = In every district there is a session court and there is a judge to maintain the trial.

Jurisdiction One session judge can give three kinds of jurisdiction =

(i)

Original jurisdiction.

(ii)

Appellate jurisdiction.

(iii)

Revisional jurisdiction.

Metropolitan Magistracy By the Act 18 there are =

(i)

Chief Metropolitan Magistrate

(ii)

Additional Metropolitan Magistrate

(iii)

Metropolitan Magistrate.

In every Metropolitan Area there are a chief Metropolitan Magistrate, one or more than one Additional Metropolitan
Magistrate and some Metropolitan Magistrate. They are 1st class Magistrate.

Jurisdiction of the Magistrate

According to the Criminal court section 32 they can give the following Punishment =
(A) Metropolitan Magistrate and 1stClass Magistrate Court can give =
(i) Not more than five years imprisonment
(ii) Law Submitted imprisonment.
(iii) Not more than 10 thousand taka. money penalty with caning.
(B) 2nd Class Magistrate
(i) Law Permitted Punishment and not more than 3 years imprisonment
(ii) Not more than 5 thousand taka money penalty.
(C) 3rd Class magistrate
(i) Not more than 2 years punishment and
(ii) Not more than 2 thousand taka money Penalty.
Without taking money Penalty they can give extra imprisonment with the given imprisonment. Besides labour court and
labour Appellated tribunal have dissident jurisdiction.
Small causes courts jurisdiction (A) For the jugma judges not more than 20 thousand taka money penalty.
(B) For the senior sub-judges 10 thousand taka and
(C) For sub-judges not more than six thousand taka.
But Small causes courts can not have the following jurisdiction Create Digry, Crate Movable Property, session 9,
Session 91 and 92, Attachment of Movable property, Injunction, Emply receiver of movable property and its act is very
short. On the other hand, ordinance of 1985 family court has established.
On 15 June, 1985 Family court ordinances imposed but by the Act of Muslim paribar Law Ordinance 1961 family court
can give jurisdiction for five subject (i) Devorse, (ii) Re-establish the conjugal life (iii) Moharana (iv) Voronposhar and (v)
Guardianship of children.
Besides Special Tribunal Act Appellated tribunal Acts historical background of Bangladesh.