Criminal Procedure Code of Bangladesh: General Observation

A general observation of Criminal Procedure Code of Bangladesh

Introduction:

The code of criminal procedure played a very important rule in justice system  of Bangladesh. This code actually maintain the actual process how to failing a case or what kind of process in our justice system. Usually its maintain the classification of Court & also its nature & jurisdiction. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. Additionally, it also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.

How to become a file under Criminal Procedure:

There are two kinds of filing under the Code of Criminal Procedure

1. GR case &

2. CR case

General Register Case (GR Case):

• FIR-in police station.
• Investigation-when a case is filing in a police station than its called General Register case. In this filing process the investigation officer (IO) assigned a SI to start investigation, including to maintain –

®      SI comes to the spot

®      Frame a map of investigation

®      least of the witness

®      Investigate under sec (161) etc.

• Then Charge Sheet-if the IO observed it true than frame Charge Sheet. But if the plaintiff objection than the IO frame further investigation (when objection of complaint accepted). When offence is mostly proved, than the police officer submit a charge sheet by the court.
• Cognizance-the court take it officially.
• Charge-than the court frame a formal charge against the accused & issued summon or warrant.
• Trial- than the actual court process started. Examination in chief, Cross examination, argument  also held by the defence & prosecution. The judge observed it & taken a proper judgement.

Complaint Register Case (CR Case)-

• Complaint-in the court.

• Inquiry - the Magistrate can inquired that case by determination of the court. He can charge the both party and if necessary, shall poisoned by the accused or if false the complaint than free the accused. But if true than inquired under section-164 of the CrPC.

• Charge-Sheet-than submitted charge-sheet.
• Cognizance
• Charge and
• Trial. Charge & trial are the same way of the following upwards ground.

Cognizable Offence:

When the Police officer start investigation without permission of the court, that’s called cognizable offence (sec-4f)./ Arrest without warrant.

Non-Cognizable Offence:

When a police officer start investigation with the permission of the court or which a police officer may not arrest without warrant (sec-4n).

Difference Between Cognizable & Non-cognizable offence :

• As soon as arrested by the police officer / arrested by the permission of the court.
• File smutted by the police station / file submitted by the court.
• GR & Non GR/CR case
• GD / AIR

Place of filing case or inquiry under CrPC:

According to the CrPC, chapter 15 deals “ Of the jurisdiction of the criminal court in Inquiry & trials”-14 A deals Place of inquiry & trial.

Section 177 in The Code Of Criminal Procedure, 1973, Ordinary place of inquiry and trial. Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.

Section 179 of Code of Criminal Procedure, 1973 (CrPC.), India. Offence tribal where act is done or consequence ensues:In such cases, the offence can be inquired into or tried by any Court within the local limits of whose jurisdiction the act was committed or consequences ensued.

Illustration -A is wounded in Dhaka & dies of his wounds in Chittagong. The offence of causing A,s death may be inquired into the both of Dhaka & Chittagong.

Section 180. Place of trial where act is offence by reason of relation to other offence

When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, the first-mentioned offence may be inquired into or tried by a Court within whose local jurisdiction either act was done.

Section 181.Any offence of being a thug, or murder committed by a thug, of dacoity, of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found.

Section-182.Any offence which includes cheating may, if the deception is practised by means of letters or telecommunication messages, be inquired into or tried by any Court within whose local jurisdiction such letters or messages were sent or were received; and any offence of cheating and dishonestly inducing delivery of property.

Section 183.Offence committed in journey.

Some components of application of laws in CrPC:

Most criminal procedure  systems have five components-law enforcement, prosecution, defense attorneys, courts, and corrections, each playing a key role in the criminal justice process. The system of law enforcement, the bar, the judiciary, corrections, and probation that is directly involved in the apprehension, prosecution, defense, sentencing, incarceration, and supervision of those suspected of or charged with criminal offenses.

• Law Enforcement: Law enforcement officers take reports for crimes that happen in their areas. Officers investigate crimes and gather and protect evidence. Law enforcement officers may arrest offenders, give testimony during the court process, and conduct follow-up investigations if needed.
• Prosecution: Prosecutors are lawyers who represent the state or federal government (not the victim) throughout the court process-from the first appearance of the accused in court until the accused is acquitted or sentenced. Prosecutors review the evidence brought to them by law enforcement to decide whether to file charges or drop the case. Prosecutors present evidence in court, question witnesses, and decide (at any point after charges have been filed) whether to negotiate plea bargains with defendants. They have great discretion, or freedom, to make choices about how to prosecute the case. Victims may contact the prosecutor’s office to find out which prosecutor is in charge of their case, to inform the prosecutor if the defense attorney has contacted the victim2, and to seek other information about the case.
• Defense Attorneys: Defense attorneys defend the accused against the government’s case. They are ether hired by the defendant or (for defendants who cannot afford an attorney) they are assigned by the court. While the prosecutor represents the state, the defense attorney represents the defendant.
• Courts: Courts are run by judges, whose role is to make sure the law is followed and oversee what happens in court. They decide whether to release offenders before the trial. Judges accept or reject plea agreements, oversee trials, and sentence convicted offenders.
• Corrections: Correction officers supervise convicted offenders when they are in jail, in prison, or in the community on probation or parole. In some communities, corrections officers prepare pre-sentencing reports with extensive background information about the offender to help judges decide sentences. The job of corrections officers is to make sure the facilities that hold offenders are secure and safe. They oversee the day-to-day custody of inmates. They also oversee the release processes for inmates and sometimes notify victims of changes in the offender’s status.

Connectivity of Penal Code:

On that point under sec-261 of Cr.PC, the government may confer on any bench of magistrate with the power of the magistrate of 3^rd  & 2^nd class may trial summarily –

• Fouling water or public spring or reservations (277of Penal Code).
•  Making atmosphere noxious to health (278of PC).
• Rush Driving (279).
• Negligence conduct with respect to fire (285).
• Negligence conduct with respect to explosive substance 286.
• Wrongful temporal restraint.
• Criminal force (352).
• Criminal trespass without any other intent or object of crime.

Appeal, Review & Revision :

There is no Review in the Code of Criminal Procedure; 1898.Appel can be held by the same court or a higher court in any manner. The Revision is also held of by the higher court and the higher court if may alter the judgement of the lower court.

How to Create Speedy Trials in CrPC:

The Law Commission made a moderation report on the investigation and trial of criminal procedure where you suggested are-

• number of Magistrate, Judges and Criminal Courts be rationally enhanced to help the courts and proceedings.
• Directory and mandatory formations of time limit of conclusive structure of a criminal court.
• attendance of witnesses must be ensure without any compulsory rational grounds.
• creation of exclusive Criminal Courts.
• creation of daily payable and daily announced trial system for criminal cases which is separated from Magistrate system.
• appointing Public Prosecutors of different grade and ranked.
• submission of written argument in addition to oral arguments further.

Conclusion:   

Criminal Procedure Code create a vital rule in our Criminal Court process & maintain all the procedural creation between the all court of Bangladesh. It also works out how to create a free, fair and a speedy trial system. It also try to free the Judges by their own decision and create a faithful Justice system in our country.