The Court of Special Judge

The Court of Special Judge tries corruption cases that brought against public servants. Special Judges are appointed only from among persons who are qualified for appointment as a Judge of the High Court Division or have exercised for not less than three years, the powers of a Sessions Court or a District Magistrate or an Additional District Magistrate.

At the trial of a public servant by a Special Judge under the provisions of the Criminal Law (Amendment) Act, 1958,27 the fact that he has property disproportionate to his known sources of income, and that, at about the time of the alleged offence, he received an accretion of property for which he cannot account, may be token into consideration in considering his guilt. The procedure followed in trial of such cases is the summons procedure of criminal trial.

SMALL CLAIMS AND PETTY CRIMINAL CASES:

Of late, adjudication of a big slice of civil and criminal cases have been vested in two special type of functionaries namely, the Conciliation Boards and Village Courts.29 Conciliation Boards adjudicate small civil and petty criminal cases in municipal areas while the Village Courts perform the same type of functions in rural areas. Both of these functionaries are the Improved image of ancient panchayet system which prevailed in the country.

Conciliation Board

A Conciliation Board is formed on an application made to that effect for settlement of cases. Each Conciliation Board consists of a Chairman and two Members nominated by each of the parties to a case totalling five Members including the Chairman. One of the two Members to be nominated by each party must be a Commissioner of the Municipality concerned.

The primary function of this constituted functionary is to settle the case before it. In its civil jurisdiction, a Conciliation Board can adjudicate suits arising from contracts, receipts etc suits for recovery of  possession of immovable property, for compensation for damages of movable property, for damages by Cattle trespass. But in no case the valuation of the subject matter of a suit triable by it should exceed taka five thousand. In exercise of its criminal jurisdiction, a Conciliation Board can try less important casts connected with specific offences like assault, affray, cheating, theft, mischief, criminal intimidation, wrongful restraint and confinement, criminal breach of trust, when the value of the property involved does not exceed five thousand taka and offences relating to Cattle trespass law. In criminal cases, a Conciliation Board cannot pass any sets.

teuce of fine or imprisonment but it may order the accused to pay the aggrieved person compensation of an amount not exceeding inks five thousand. The Board has power to issue summons to the opposite party to appear with his witnesses and documents. A person who refuses to appear and give evidence required by the Conciliation Bond makes himself liable to punishment summarily. The decisions of the Conciliation Boards are treated us decrees and enforceable in accordance with the procedure laid down in The statute.

If the decision in such Board is unanimous or by a majority of four to, one, that decision is final. But any party to dispute may prefer a revisional application lathe Sub-divisional Magistrate in criminal cases and to the Munsif concerned in civil cases if the decision of the Board is by a majority of three to two. No lawyer is allowed to appear before such a Board on behalf of any party to the dispute.

Village Court

Village Courts adjudicate petty civil and criminal matters in rural areas. A Village Court consists of a Chairman and two Members nominated by each of the parties to the dispute totalling five Members including its Chairman. One of the two Members nominated by each party to a dispute mast be a member of the local Union Parishad. When the decision of such a court is unanimous or by a majority of four to one, that decision is final. On the other hand, if the decisions of the court is by a majority of three to two, nay party to the dispute may prefer a revisional application to the Sub-Divisional Magistrate in criminal cases and to the Mansif concerned if the same arises from and out of a civil matter. No lawyer is allowed to appear before such a court

on behalf of any party to the dispute. The matter in dispute does not exceed taka five thousand in valuation and the compensation awarded by a Village Court must not exceed taka five thousand.

Juvenile Court

A Juvenile Court has been set up under a special statute, called the Children Act, l974, at Tongi, Dacca, to try cases connected with juvenile delinquency. The court so set up is the first court of its kind established after liberation of the country. The Act, however, provides for establishment of more Juvenile Courts for any local area. The powers and functions of the Juvenile Court has been elaborated in statute under which it is set up The powers conferred on a Juvenile Court may also be exercised by the High Court Division of the Supreme Court of Bangladesh, a Court of Sessions, a Court of an Additional Sessions Judge and of an Assistant Sessions Judge, a Sub-Divisional Magistrate and a Magistrate of the First Class, when trying any case originally or on appeal or in revision.

The procedure of the court is regulated by the statute and the Criminal Procedure Code, 1898, but for passing any order a Juvenile Court is required to take into consideration certain factors like the character and the age of the child, the circumstances in which the child lives, etc. The law prohibits the use of the words 'conviction' and 'sentenced' in relation to children or youthful offenders dealt with under the law. An appeal from an order passed by a Juvenile Court or Magistrate functioning as a Juvenile Court, lies to the Court of Sessions. If a Court of Sessions or Court of an Additional Sessions Judge or of an Assistant Sessions Judge passes the order when they act as Juvenile Court, an appeal against such order may be preferred before the High Court Division.