Criminal court structure
Criminal Court Structure & Jurisdiction in Bangladesh (With Legal References)
The criminal justice system in Bangladesh follows the Code of Criminal Procedure, 1898 (CrPC)
and the Constitution of Bangladesh. The hierarchy consists of superior courts and subordinate
criminal courts.
---
1. Supreme Court of Bangladesh (Highest Authority)
(i) Appellate Division (AD) of the Supreme Court
Established under Article 103 of the Constitution.
Hears appeals from the High Court Division in criminal matters.
Final authority in death penalty confirmations, constitutional issues, and major criminal law
interpretations.
(ii) High Court Division (HCD) of the Supreme Court
Established under Article 101 of the Constitution.
Supervises all subordinate courts under Article 109.
Can hear:
Appeals from Sessions Courts.
Revisional applications under Sections 435-439 of CrPC.
Writs (Habeas Corpus, Certiorari, Prohibition, Mandamus) under Article 102.
Death references (All death sentences from Sessions Courts require HCD approval under
Section 374 of CrPC).
Supervisory Authority:
Reports to: None (only subject to constitutional limitations).
Supervises: Sessions Courts & Magistrate Courts.
---
2. Sessions Courts (Trial & Appellate Jurisdiction)
(i) Court of Sessions Judge
Established under Section 9 of CrPC.
Has original jurisdiction to try serious criminal cases like murder (Section 302 of Penal Code),
rape (Section 376 of Penal Code), and drug offenses (Narcotics Control Act, 2018).
Can pass any sentence, including the death penalty, but execution of the death sentence
requires confirmation by the High Court Division (Section 374, CrPC).
(ii) Additional Sessions Judge
Same jurisdiction as a Sessions Judge but functions under their authority.
Cannot pass a death sentence independently.
(iii) Joint Sessions Judge
Tries offenses punishable up to 10 years of imprisonment.
Supervisory Authority:
Reports to: High Court Division.
Supervises: Metropolitan & Judicial Magistrates in criminal matters.
---
3. Magistrate Courts (Subordinate Criminal Courts)
Divided into Judicial Magistrates (under the Supreme Court) and Executive Magistrates (under
the Government).
A. Judicial Magistrates (Trial & Bail Jurisdiction)
(i) Chief Judicial Magistrate (CJM) / Chief Metropolitan Magistrate (CMM)
Established under Sections 12 & 17 of CrPC.
Supervises all Judicial Magistrates within a district/metropolitan area.
Can try cases that exceed the jurisdiction of First-Class Magistrates.
(ii) Senior Judicial Magistrate / Metropolitan Magistrate (First-Class Magistrate)
Section 32 of CrPC grants them power to:
Sentence up to 5 years imprisonment.
Impose fines up to 10,000 BDT.
Handle cases involving moderate offenses (e.g., theft, fraud, assault, Section 379-420 of Penal
Code).
Grant or reject bail (Sections 496-502 of CrPC).
(iii) Judicial Magistrate (Second-Class)
Section 32 of CrPC grants them power to:
Sentence up to 3 years imprisonment.
Impose fines up to 5,000 BDT.
Handle cases of less severe crimes (e.g., simple assault, Section 352 of Penal Code).
(iv) Judicial Magistrate (Third-Class)
Section 32 of CrPC grants them power to:
Sentence up to 1 year imprisonment.
Impose fines up to 2,000 BDT.
Deal with petty offenses.
Supervisory Authority:
Reports to: CJM/CMM (for administrative control).
Supervises: None.
---
B. Executive Magistrates (Administrative & Law Enforcement Jurisdiction)
(i) District Magistrate (Deputy Commissioner, DC)
Established under Section 10 of CrPC.
Can issue orders under Section 144 CrPC to prevent riots or unlawful assemblies.
Supervises Executive Magistrates in the district.
(ii) Additional District Magistrate
Assists the District Magistrate.
Can perform functions assigned by the government.
(iii) Upazila Nirbahi Officer (UNO) – Executive Magistrate
Conducts mobile courts under the Mobile Court Act, 2009.
Enforces administrative laws, e.g., food safety, environmental laws.
Supervisory Authority:
Reports to: Ministry of Public Administration & District Magistrate (DC).
Supervises: Assistant Commissioners (Executive Magistrates).
