Nội dung text 5. CrPC Written Lecture-Sheet [English] 2025.pdf
Amicus Law Academy: Written Program [1] Code of Criminal Procedure, 1898 Group-B [2 Qs, Ans:1 [Marks: 15X1=15] [ -452383 Lecture No Topics Lec-01: Intro Definition: S.4 Court St & Jurisdiction: Ss.6,9,10,11,28,29,29C,31,32,33A,35,35A, 5
[2] Amicus Law Academy: Written Program -2- Classes of Criminal Courts [S-6] (1) Besides the Supreme Court and the Courts constituted under any law for the time being in force, other than this Code, there shall be two classes of Criminal Courts in Bangladesh, namely:- a) Courts of Sessions ; and b) Courts of Magistrates. (2) There shall be two classes of Magistrate, namely: (a) Judicial Magistrate; and (b) Executive Magistrate. (3) There shall be four classes of judicial Magistrate, namely: - (a) Chief Metropolitan Magistrate in Metropolitan Area and Chief judicial Magistrate to other areas;(CMM/CJM) (b) Magistrate of the first class, who shall in Metropolitan area, be known as Metropolitan Magistrate; (c) Magistrate of the second class; and (d) Magistrate of the third class. Explanation: For the purpose of this sub-section, the word "Chief Metropolitan Magistrate" and "Chief judicial Magistrate" shall include- "Additional Chief Metropolitan Magistrate" and "Additional Chief judicial Magistrate" respectively. #There shall be two classes of Metropolitan Magistrate, namely: (a) Chief Metropolitan Magistrate , shall include Additional Chief Metropolitan Magistrate; and (b) Metropolitan Magistrate; Court of Sessions:S.9 The Government may also appoint- Session Judge, Additional Sessions Judges and Joint Sessions Judges Appoinment The members of the Bangladesh Judicial Service shall be appointed-as Sessions Judge, Additional Sessions Judge and Joint Sessions Judge in accordance with the rules framed-
[4] Amicus Law Academy: Written Program -4- 1. The Government may confer upon any person, all or any of the powers conferred or conferrable by or under this Code, on an Executive Magistrate in respect of particular cases or a particular class or classes of cases: He shall be called special Executive Magistrate Provided that no power shall be conferred under the sub-section on any police officer below the grade of an Assistant Superintendent of Police . 2. The Government may, in consultation with the High Court Division confer upon any Magistrate all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate of the first, second or third class in respect of particular cases or a particular class or classes of cases or in regard to cases generally in any local area outside a Metropolitan area.: shall be called Special Magistrates. 3. The Government may in consultation with the High Court Division confer upon any Metropolitan Magistrate all or any of the powers conferred or conferrable by or under this Code on Metropolitan Magistrate in respect of particular cases or a particular class or classes, or in regard to cases generally in any Metropolitan Area.: shall be called Special Metropolitan Magistrates Powers of Criminal Courts: Sections: 28-41 Offences under Penal Code: S-28 Subject to the other provisions of this Code any offence under the Penal Code may be tried- a) by the High Court Division, or b) by the Court of Session, or c) by any other Court by which such offence is shown in the eighth column of the second schedule to be triable. Illustration A is tried by the Sessions Court on a charge of culpable homicide. He may be convicted of voluntarily causing hurt, an offence triable by a Magistrate. Sentences which High Court Division and Sessions Judges may pass:S-31 (1) The High Court Division- may pass any sentence authorized by law. (2) A Sessions Judge or Additional Sessions Judge- may pass any sentence authorized by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court Division. (3) A Joint Sessions Judge-