The Court of Munsif

 

The Court of Munsif stands at the base of hierarchy of civil courts in Bangladesh. St exercises original and revisional jurisdiction. Normally, its pecuniary jurisdiction extends to the suits of which value does not exceed taka six thousand. Some selected senior Munsifs exercise higher pecuniary jurisdiction, which in no case exceeds taka ten thousand. An appeal from a decree and order passed by a Munsif lies to the Court of District Judge, in some places; Munsifs are invested with the powers to act as a Small Causes Court. Recently the Muxsifs Court has been invested with the revisional powers in petty civil xcatters coming from Village Courts and Conciliation Boards under two

special Statutes.

 

 

CRIMINAL COURTS

 

The Criminal Law of Bangladesh makes due allowance for existence of courts of special jurisdiction and establishes five types of criminal courts, namely, Court of Sessions, Metropolitan Magistrates, Magistrates of the First Class, Magistrates of the Second Class and Magistrates of the Third Class. These are ordinary criminal courts of the country.

Sessions Courts

 

For the purpose of administration of criminal justice, the Republic is at present divided into as many as twenty sessions divisions and each of the sessions division constitutes a district. The Government determines the local limit of each district. A Court of Sessions is established in each district, a Judge is appointed for such court. A Court of Sessions may be presided over by a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge. As a rule, the District Judges of the districts concerned are appointed as Sessions Judge of the district and Additional District Judges are appointed to act as Additional Sessions Judge. When a Subordinate Judge is given the sessions powers, he acts as an Assistant Sessions Judge.

 

 

The Court of Sessions

and Additional Sessions Judge

 

A Sessions Judge exercises three types of jurisdiction, namely, Original, Appellate and Revisional. He is the principal Judicial Officer of his district to try criminal eases.

 

Original Jurisdiction: In his original jurisdiction, a Sessions Judge can try any offence authorized by criminal law. But if he passes a sentence of death, the same cannot be executed unless confirmed by the High Court Division. Ordinarily, an appeal ties to the High Court Division from an order of conviction and sentence passed by him in original cases.

 

Appellate Jurisdiction: A Sessions Judge, in his appellate power, tries appeals from the conviction and sentences of four years passed by the Assistant Sessions Judges under his jurisdiction or a District Magistrate or a Magistrate of the First Class. No second appeal lies from the judgment and order of a Sessions Judge given in an appeal but it is revisable by the High Court Division.

 

Revisional Jurisdiction Under the law of criminal procedure, a Sessions Judge may call for and examine the records of any subordinate court within Isis jurisdiction for the purpose of satisfying himself as to the correctness, propriety or legality of the finding, sentence or order and the regularity of any proceeding before such subordinate court. When an aggrieved person wants to get an order of a court subordinate to the Court of Sessions given in a criminal proceeding revised, he has to approach the Sessions Judge in the first instance by filling a revisional petition. The bulk of bail petitions are heard under this jurisdiction.

 

When session power is conferred upon an Additional District Judge, he acts as an Additional Sessions Judge. His judicial functions in a sessions-court are similar to that of a Sessions Judge. He tries those cases, which are transferred or made over to him by the Sessions Judge of the district.

 

 

The Court of Assistant Sessions Judge

 

An Assistant Sessions Judge has only one jurisdiction, that is to say, original jurisdiction. In exercise of his original jurisdiction he can pass sentence of seven years imprisonment. Ordinarily, against his order of conviction and sentence up to four years an appeal lies to the Court of the Sessions Judge and for sentences above four years, the appeal lies to the High Court Division.

 

 

Magistrates Courts

 

The Criminal Procedure Code establishes Magistrates of various classes and defines their jurisdiction to inflict sentences of various degrees. They are, Metropolitan Magistrates,

Magistrates of the First Class, Magistrate of the Second Class and Magistrates of the Third Class. They try less serious offences. The Government appoints in every districts, a Magistrate of the First Class who is called the District Magistrate. Magistrates of the First Class are also appointed as Metropolitan Magistrates in metropolitan areas. When a Magistrate of the First Class is given the charge of the magistracy of a sub-division, he is called Sub-Divisional Magistrate. Only Magistrates of the First Class can try certain offences summarily.