Chapter- 1
Introductory 25
1.1 Criminal law defined 25
1.2 Value frame of criminal law 26
1.3 Source of criminal law 27
1.4 Different Criminal Jurisprudence 28
1.5 Law making source of criminal law 47
1.6 The purpose of criminal law 49
1.7 Enforcement of criminal law 50
1.8 Criminal law and peace 51
1.9 Difference between civil and criminal administration of 52
justice and the role of People
1.10 Role of the Judge and police 54
1.11 Dignity of Judges 56
1.12 Security of Judges 57
1.13 Dignity and role of Legal Practitioners 61
1.14 Role of media and the judiciary 61
1.15 Ignorant Judges are calamitous for people 65
Chapter- 2
Constitution and Criminal Law of Bangladesh 67
2.1 History of Criminal Law of Bangladesh 67
2.2 Constitutional obligation for justice 68
2.3 Features of criminal law of Bangladesh 69
2.4 Lack of uniformity for justice 73
2.5 Equality and equity for justice 74
2.6 Geo and Eco-factors for justice 75
2.7 Police system of Bangladesh 75
2.8 Necessity of Police Act 1861 85
2.9 Some defects of criminal law of Bangladesh 95
2.10 Section 7 of the Government and Local Authority Lands and 95
Buildings (Recovery of possession) Ordinance 1970
2.11 Exercise of all Metropolitan Ordinances 95
2.12 Section 14 of the Medical Practice and private Clinics and 95
Laboratories (Regulation) Ordinance 1982
2.13 Double fining under Motor Vehicles Ordinance, 1983 96
2.14 Sections 497 and 375 of penal code 102
2.15 Some sections of Nari o Shishu Nirjatan Ain 2000 103
(amended in 2003)
2.16 Section 247 of CrPC 104
2.17 Some wrong terms: High Court, Police Super, Office of 105
Police Super, Police Court, First Information Report (FIR)
and Acceptance of Charge Sheet
Chapter- 3
Necessity of Criminal Law 109
3.1 Offence defined 109
3.2 Necessity of punishment 109
3.3 theory of punishment 113
3.4 Objectives of punishment 118
3.5 Basis of punishment 119
3.6 Pre-trial punishment/imprisonment 119
3.7 Sentence and fine 121
3.8 Model order 121
3.9 Fine only 122
3.10 Model order 124
3.11 Sentence in default of payment of fine 126
3.12 Recovery of fine 126
3.13 Model order 126
3.14 Order of compensation 127
3.15 Recovery of compensation 127
3.16 Change of sentence 127
3.17 Double jeopardy and expost facts legislation 128
3.18 Sentence of whipping 129
3.19 Solitary Imprisonment 129
3.20 Forfeiture 130
3.21 Probation and its procedure 130
3.22 Model order 131
Chapter- 4
Different Criminal Courts and Jurisdictions 135
4.1 Supreme Court of Bangladesh 135
Sub-ordinate courts of Bangladesh
Sessions Court
4.2 Court of Sessions 136
4.3 Court of Additional Sessions Judge 137
4.4 Court of Joint Sessions Judge 137
Judicial Magistrate Court
4.5 Court of Chief Judicial Magistrate 137
4.6 Court of Additional Chief Judicial Magistrate 138
4.7 Court of Senior Judicial Magistrate 139
4.8 Court of Judicial Magistrate 139
4.9 Courts of Magistrates of the third class 139
Metropolitan Magistrate Court
4.10 Court of Chief Metropolitan Magistrate 139
4.11 Court of Additional Chief Metropolitan Magistrate 140
4.12 Court of Metropolitan Magistrate 141
Other Criminal Courts
4.13 Tribunal under the international Crimes (Tribunals) Act 1973 141
4.14 Court of Divisional Special judge 141
4.15 Special Tribunal 142
4.16 Nari-o- Shishu Nirjatan Daman Tribunal 142
4.17 Acid Aporad Damon Tribunal 142
4.18 Administrative Tribunal 142
4.19 Administrative Appellate Tribunal 142
4.20 Labour Court 142
4.21 Appellate Tribunal; under the Customs Act 1969 142
4.22 Tribunal; under Bangladesh Bar Council Order 1972 142
4.23 Juvenile Court 142
4.24 Electricity court 142
4.25 Environmental Adalat 143
4.26 Druto Bichar Adalat 143
4.27 Artho Rin Adalat 143
4.28 Marine Court 143
4.29 Court Martial under the Army Act 1952 143
4.30 Court Martial under the Navy Ordinance 1961 143
4.31 Court Martial under the Air Force Act 1953 143
4.32 The Special Court under the Bangladesh Rifles Order 1972 143
4.33 Court of Special Magistrate 143
4.34 Court of Special Metropolitan Magistrate 143
4.35 Taxes Appellate Tribunal under the Income Tax 144
Ordinance 1984
4.36 Gram Adalat 144
4.37 Model order for sending the case to Gram Addalat 144
4.38 Birod Mimangsa Board 144
4.39 Model order for sending the case to Birod rimangsa Board 144
4.40 Salishi Tribunal 144
4.41 Orpito Sompotti Prottorpon Tribunal and etc. 145
Extra Judicial Court
4.42 Police Court 145
Chapter- 5
General and Non General Register Case 147
(Procedure, difficulties and ways of Police Cases)
5.01 General Register Case defined 147
5.02 Necessity of enforcement of Regulation 244 of PR 1943 147
5.03 Violation of Regulation 244 of PR 1943 147
5.04 Proof of violation of Regulation 244 of PR 1943 148
5.05 Punishment of violation of Regulation 244 of PR 1943 148
5.06 Role of Judicial Magistrate 148
5.07 People and media awareness 148
5.08 Different authorities awareness 149
5.09 Court’s jurisdiction to give recommendation to different 149 authorities
5.10 What is First Information (FI)? 149
5.11 What is First Information Report (FIR)? 149
5.12 Difference between FI and FIR 150
5.13 Delayed FIR and its effect 150
5.14 Instructions for FI 151
5.15 Confessional statement in FI 152
5.16 Evidentiary value of FI 152
Non-General Register Case 153
(Procedure, difficulties and ways of NGR Cases)
5.17 Information and permission in non-cognisable case 153
5.18 Necessity of referring the informant to the Magistrate 153
5.19 Examination of the informant 153
5.20 Police report. 153
5.21 Model orders under section 155 of CrPC 154
5.22 Reasonable duty of the Judicial Magistrate 158
Chapter- 6
Complaint Register Case 159
Procedure, difficulties and ways of Complaint Cases
6.1 Complaint defined 159
6.2 Complaint Register Case defined 161
6.3 Meaning of ‘taking cognisance of’ 161
6.4 Examination of Complainant 165
6.5 Cognisance of offence upon complaint 166
6.6 Model order for cognisance upon complaint 167
6.7 Cognisance upon police report 168
6.8 Model order for cognisance upon a police report 168
6.9 Suo-moto cognisance 171
6.10 Model for cognisance of suo-moto information. 171
6.11 Necessity of sending a copy of complaint 174
6.12 Issue of Process 174
6.13 Model order for issue of process 174
6.14 Inquiry of complaint 176
6.15 Model order for inquiry of complaint 176
6.16 Magisterial inquiry (Judicial inquiry) 177
6.17 Model Magisterial inquiry 177
6.18 Model order for treating FI to police station 191
6.19 Vague order, difficulties and ways out 191
6.20 Action under section 29 of the Police Act 1861 191
6.21 Model order 192
6.22 Bar of application on section 29 of Police Act 1861 in 197
Metropolitan Area
6.23 Procedure when Magistrate not competent to take cognisance 197
6.24 Model order 197
6.25 Postponement for issue of process 198
6.26 Model order 199
6.27 Dismissal of complaint 200
6.28 Two model orders in respect of dismissal or complaint 201
6.29 Complaint and cognisance against police officer 203
6.30 Model order 205
6.31 No narajee petition but application for further inquiry or 208
investigation and cognisance
6.32 Model order 211
6.33 Cognisance of offences by court of sessions 214
6.34 Prosecution for contempt of lawful authority of public servants 215
6.35 Prosecution for offences against the State 231
6.36 Prosecution for certain classes of criminal conspiracy 232
6.37 Preliminary inquiry in certain cases 235
6.38 Prosecution of Judges and public servants 235
6.39 Prosecution for breach of contact, defamation and offences 238
against marriage
6.40 Prosecution for adultery or enticing a married woman 240
6.41 Objection by lawful guardian to complaint by person other 241
than aggrieved person
6.42 Form of authorisation under second proviso 241
to section 198 or 199
Chapter- 7
Inquiry, Investigation and Power of Judicial Magistrate 243
7.1 Inquiry and Investigation defined 243
7.2 Difference between Inquiry and Investigation 244
7.3 Model problem and solution 244
7.4 First Information in cognisable case 248
7.5 Information into cognisable case 249
7.6 Model order 251
7.7 The time limit of the investigation 253
7.8 Time limit under the general law 253
7.9 Where police officer-in-charge sees no sufficient grounds 254
for investigation
7.10 Power to hold investigation of preliminary inquiry 256
7.11 Police officer’s power to require attendance of witness 256
7.12 Examination of witnesses by police 257
7.13 Duty to examine and record statements without delay 257
7.14 Examination of witnesses by police 260
7.15 Whether statement of a person may be signed 261
7.16 Whether the Court can see the case diary 263
7.17 No inducement to be offered 264
7.18 Power to record statements and confession 264
7.19 What is statement 265
7.20 Is there any form for recording the statement of a person 265
7.21 Model record of complaint of an arrestee (General Register 265
Case No. 98 of 2011, PS Gobindagonj)
7.22 Model order in respect of the said complaint 267
7.23 Model Order when investigating officer will not comply 272
with regulation 283 of police regulation 1943
7.24 Search by police officers 274
7.25 The necessity of compliance with regulation No. 280 276
of Police Regulation-1943
7.26 When officer in charge of police station may require another 280
to issue search warrant
7.27 Procedure when investigation cannot be completed 281
in twenty four hours
7.28 Report of investigation by subordinate police officer 283
7.29 Release of accused when evidence deficient 284
7.30 Case to be sent to Magistrate when evidence is sufficient 287
7.31 What is the duty of the officer in charge of the police station 288
for bailable offence
7.32 What is the duty of the Judicial Magistrate when the officer 289
in charge will not comply with this section
7.33 Model Order in this behalf 290
7.34 What is the definition of the expression ‘accused’ 291
7.35 What are the preconditions for forwarding an arrestee to 294
the nearest Judicial Magistrate in a case
7.36 Model Order in this behalf 297
7.37 Responsibility of police officer to ensure the appearance 299
of the witnesses
7.38 Model Order in this behalf 301
7.39 Diary of proceedings in investigation 303
7.40 Model Order in this behalf 304
7.41 Report of police officer 305
7.42 What is ‘every investigation’ 307
7.43 Why is no unnecessary delay for completion of investigation 308
7.44 What kind of power is vested on Judicial Magistrate 308
7.45 Model Order in this behalf 310
7.46 Duty of Judicial Magistrate after getting the police report 312
7.47 Whether the expression ‘charge sheet is accepted’ is correct 312
7.48 Inquiry and report on suicide etc and Intimation of 312
Executive Magistrate
7.49 Whether all the sub-inspector of a police station are 314
empowered to hold inquests in view of section 174 of the
code of criminal procedure
7.50 Whether intimation is necessary 315
7.51 Whether the forwarding of inquest report to the 318
District Magistrate solely is correct
7.52 Who is entitled under this section to handover the dead body 319
7.53 Whether the officer in charge of a police station can 320
dispose of the dead body to his relatives
7.54 Model Order in this behalf 321
7.55 Duty of Judicial Magistrate 323
7.56 Power to summons persons 323
7.57 Inquiry by Magistrate into cause of death 323
7.58 Duties of Investigating officer under Regulation No. 256 324
of Police Regulation 1943
7.59 Seizure of documents or things (alamot) 324
7.60 Disposal of seized documents or things before trial or 329
during trial
7.61 Production of seized documents or things before trial 329
or during trial
7.62 Failure of production of seized documents or things 329
and punishment
7.63 Whether a person being directed can be punished for 330
submission of any report under section 202 or any thing
7.64 Model order 331
7.65 Visit of place of occurrence 332
7.66 Preparing of map 332
7.67 Powers of arrest without warrant 332
7.68 Discretion of police officers 332
7.69 Dying declaration 333
7.70 Identification of suspects 333
7.71 Further investigation 334
7.72 Model order 337
7.73 Re-investigation 338
7.74 Whether an application for further investigation can be 338
allowable before a magistrate under section 173(3B) of
CrPC, in a case where trial is already started
7.75 Supplementary police report 338
7.76 Revival of investigation 339
7.77 Model order 340
7.78 Complaint and police case for same offence and its procedure 340
7.79 Model order 342
7.80 False case and its procedure 343
7.81 Model judgment-1 for bringing false case 346
7.82 Model judgment-2 for bringing false General Register case 359
Chapter- 8
Inspection of Police Station 369
8.1 Necessity of inspection of police station 369
8.2 Whether Chief Judicial Metropolitan Magistrates can 372
inspect the police station properly
8.3 Scope of inspection (from Reg.243 to 410 PR-1943) 376
8.4 Register and files under Regulation 373 PR-1943 497
8.5 Registers of letters received and despatchedused 498
8.6 The General Diary 498
8.7 Registers of absconded offenders and escaped convicts 498
8.8 Register of poperty stolen and of all property articles taken 499
Charge of by the polioce
8.9 Khatian Inspection Register 499
8.10 Fine Warrant Register 499
8.11 Minute Book 499
8.12 First Information Report 499
8.13 Section 54 of CrPC Register 500
8.14 Non FIR Prosecution Register 500
8.15 Unnatural Death Register 500
8.16 Cash Account Register 500
8.17 Village Crime Note Book 501
8.18 Crime Register Part I 501
8.19 Conviction Register Part II 501
Chapter- 9
Judicial Service of Bangladesh 503
9.1 Legal framework 503
9.2 Recruitment procedure and recommendation 504
9.3 Transfer procedure and recommendation 507
9.4 Promotion procedure and recommendation 507
9.5 Training and recommendation 508
9.6 Accountability 509
Chapter- 10
Independence of Judiciary 511
10.1 Judicial Independence 511
10.2 Annual Confidential Report 513
10.3 The tale of a connoisseur and his interview 550
10.4 Jurisdiction of Administrative Tribunal 562
10.5 The way of solution for judicial Independence 562
Chapter- 11
Some questions and answers 565
Chapter- 12
Some useful model orders 569
Chapter- 13
Some model Misc. cases 643
Chapter- 14
Three important judgments regarding the Annual 707
Confidential Report
