111TH INTERNATIONALPAPERSSEMINARPARTICIPANTS’PARTICIPANTS’ PAPERS

THE ROLE OF POLICE, PROSECUTION AND THE JUDICIARY
IN THE CHANGING SOCIETY
Rebeka Sultana*
I. INTRODUCTION
Crime prevention means the eliminationof criminal activity before it occurs.
Prevention of crime is being effected/
enforced with the help of preventive
prosecution, arrest, surveillance of bad
characters etc by the law enforcing
agencies of the country concerned. Crime,
and the control of crime throughout theworld, has been changing its features
rapidly. Critical conditions are taking placewhen there is change. Nowdays, causes ofcrime are more complex and criminals are
becoming more sophisticated. With theincrease of social sensitivity to crime, more
and more a changing social attitude,
particularly towards the responsibility of
the citizenry to law enforcement, arises.
Existing legal systems and preventative
measures for controling crime have to bechanged correspondingly. There should be
an attempt to devise the ways and means
to equip the older system of crime
prevention and criminal justice to facethese new challenges.
II. GENERAL FEATURES OF CRIME
IN BANGLADESH
Crime throughout the world has beenchanging its feature rapidly. The causesof crime in Bangladesh may be generally
attributed to some of the inherent socioe c o n o m i c f e a t u r e s o f t h e c o u n t r y.
Sociologists and criminologists consider thehigh level of social deprivation; increase of
population at a rate incompatible withbasic human needs; socio-economic* Senior Assistant Secretary, Ministry of Home
Affairs, Bangladesh.

resentment due to uneven economic
prosperity; unstable public orderi n t e n s i f i e d b y f e u d , i l l i t e r a c y,unemployment etc, as the fundamental
causes of the high escalation of crime in
Bangladesh.
Due to radical changes taking place inthe livelihood of people in the recent past,criminals have also brought remarkablechanges in their style of operation incommitting crimes. The crime preventive/prosecution systems are not equipped
accordingly. As the existing prosecution
cannot render appropriate support to thelaw enforcing agencies in controlling
crimes, the criminals are indulged andconsequently, crime trends increase insociety. Besides, due to insufficient
preventive intelligence, crime prevention,
particularly preventive prosecution, does
not achieve much.
It has been noticed that the younger
generation in this part of the world is being
influenced at an alarming rate by crimemovies, films showing the commission ofcrimes, and magazines and other literature
containing such material. 67.54% of thearrests made by the police in connection
with different crimes during the last five
years fall within the age group of 18 to 30
years.
Unemployment, particularly of theyoung people, provides ample opportunity
for an idle mind to think about ways andmeans not only of getting something legallyor illegally, but of doing something exciting.
The commission of a crime may provide
satisfaction to the youth who find in it a377

RESOURCE MATERIAL SERIES No. 55
means of expressing their personality.
However, national catastrophes, family
feuds and the relatively easy availabilityof firearms are also a factor responsible formany crimes. Acts of terrorism, armsdacoity, extortion, rape, murder, illegal
export of manpower, smuggling, traffickingof drugs, economic crimes etc are occurring
very frequently, raising alarm in the publicmind. The crimes are planned andexecuted by experts, and ordinary
preventive systems are increasingly foundinadequate to halt the trend.

Year

Dacoity

Robbery

1993
1994
1995
1996
1997
Jan-Nov
1998

889
834
907
924
933
949

1125
1118
1399
1660
1765
1603

Year
1993
1994
1995
1996
1997
Jan-Nov
1998

The crime trend in Bangladesh may beseen from a review of the last quanquinial
criminal statistics (1993-97) and for theperiod from January to November. 1998of the country, is shown in the table below.
This reveals that major crimes inconnection with property and the humanbody have shown an upward trend. This
upward trend is attributed tounderstandable socio-economic factors, andis in the line with world crime scenario.

Murder(including riot
with murder)
2596
2567
2991
3131
3084
3240

Cruelty Kidnapping Burglary
to children /abducting
4
1503
5169
18
1629
4938
79
1705
5110
202
1050
5177
453
1025
5425
635
1112
5044

Year
1993
1994
1995
1996
1997
Jan-Nov 1998

378

III. CRIME TREND OFBANGLADESH

Drugs Act
1824
2784
3024
3586
4431
4818

Smuggling
2433
2198
2430
3146
2763
2770

Rioting

Rape

Cruelty to
Women

8651
5044
4827
5988
4967
3858

501
499
556
525
1336
2728

1234
1206
1688
3121
4507
4072

Theft

Arms Act

9123
8652
9807
10273
10041
9871

1229
1200
1635
2519
1969
1972

Explosive
Act
304
443
832
748
550
667

Other
37284
42179
45941
51262
58912
60932

Total
72069
75306
82931
93310
102161104271

111TH INTERNATIONAL SEMINARPARTICIPANTS’ PAPERS
It would appear that there is aconsiderable decrease in crimes, relating
to rioting during the last five years,
whereas for other crimes, the trends
display an increase. The number of cases
regarding cruelty to women and children
has increased, which indicate a conscious
community grappling with a social
problem. The increase in the number ofcases relating to abuse of drugs has two
aspects. On the one hand, it indicatesincreased abuse of drugs. On the other
hand, greater number of cases indicate
more efforts directed towards arresting thetrend. As compared to 1993, the percentage
of increase in crime was 4.5% in 1994,
15.07% in 1995, 29.47% in 1996 and 41.75%
in 1997. In 1997 the crime rate per
1,00,000 population was 81.04%.
IV. CRIMINAL JUSTICE SYSTEM
The criminal justice system comprisesof the police, prosecution and the judiciary,
who are vested with crime control of thesociety. The role of the criminal justicesystem is twofold: control and prevention.
It is needless to say that issues of crime
control include identifying the commissionof crimes; clearing of cases; conducting
prompt and appropriate investigations;collection of sufficient evidence; ensuring
fair and efficient judicial proceedings; andpunishing offenders.
The criminal justice system of
Bangladesh is also exerting effort tocounter crime. But the statistics reveal a
low clearance rate of offenders. There are
difficulties in the collection of evidence, andthereby preventing exhaustive
investigations and trial delays; which
contribute to low conviction rates. Overthe past few years, crime such as violenceagainst women, rape, trafficking of women,acid throwing, cruelty to children,
trafficking of children and abuse of drugs
is very alarming. Another matter that isinternational co-operation regarding
mutual assistance, such as the transfer ofoffenders, is not implemented in a timely
manner. So it could be said that thecriminal justice system of Bangladesh is
not fully meeting its expected functions.
V. ROLE OF THE POLICE
The general function performed by thepolice can be divided into three maincategories; law enforcement, ordermaintenance, and service. Law
enforcement is the police mission of seeingthat there is compliance with the provisionsof the law, detecting breaches of the laws,
and apprehending alleged violators. Ordermaintenance, on the other hand, is the taskof preserving peace and security. Service
functions consist of the services for the
public. Bangladesh police porform avariety of roles; the role ascribed by law;
the role desired by their superiors,
including the government, the role
expected by the people, particularly thevictim; and the role which they think theyought to perform. These roles may be
categorised as(i) Maintenance of law and order; and(ii) Non police jobs (which change withsocial attitudes and moral values).
The police population ratio does notcompare favourably with other countries
of Asia. In 1997 the total population of
Bangladesh was 120.49 million and police
strength was 98033. The police population
ratio is 1:1274. So with this limited
strength, the prime function of prevention
and detection of crime is difficult. The
police personnel are unevenly distributedwith the need and priority of the task.
Nearly 65% of the total police power iscommitted to maintenance of law andorder, only 19% to investigation, 3.47% totraffic management, 0.85% to prosecution,and 0.8% to training. There are only

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RESOURCE MATERIAL SERIES No. 55
around 929 officers at supervising level for
a force of about one hundred thousand,which seems to be disproportionate (seeTable 3).
The police have a professional
responsibility to maintain the highest
standard of conduct, particularly honesty,
i m p a r t i a l i t y a n d i n t e g r i t y. I t i s
unfortunate that the police in modern
society are looked upon with fear, suspicion
and distrust by the people. Public apathy
towards the police demoralises them andultimately they lose self-confidence,
making them hesitant to take firm steps
to prevent violations of the law. Politicalinterference is another cause which makethem corrupt, dishonest and inefficient. So
the presence of these impediments in asociety can not create fearlessadministration of law and justice. It is not
an exaggeration that the present
deterioration in law and order is due tothese forces which have demoralised thepolice force. Serious violation of law occur
right under the nose of the police and they(police) take the role of silent spectator.

conviction for cases brought to trial by the
courts. The decision to arrest a person may
not always be on the bonafide belief ofsuspicion and many arrests may be madeto shield inefficiency. Conviction may notalways based solely upon the merit of theprosecution, since appreciation of evidenceby the presiding judge is based on otherfactors also, such as the changing ofstatements by witnesses or witnesses
turning hostile and so on.

The development of modern techniques
has created new challenges. Modern
scientific devices have made law-breakers
more successful. The police should have athrough knowledge and should be
conversant with the new techniques ofcrime control. Use of computer systems
and augmentation of the existing
communication system would be useful forboosting police efficiency.

The preventive function of the police is
to arrest law-breakers and suspectedcriminals, and take them into custody inorder to prevent crime. The legal limits ofarrest and detention of suspects are clearly
defined in the Criminal Procedure Code.
Statistical analysis reveals that preventive
measures can not create the desired impact
on offences. The punishment of preventive
prosecution is only limited to the executingof a security bond, which could not
successfully prevent the crime. In thechanging society and with theadvancement of humanity, it could be said
that society is approaching anotherdimension where to arrest anyone, it may
be reasonably required by the law that thebasis of arrest should be intimated, so thatnecessary arrangements for release on bailmay be made by the person concerned. For
investigation, police may seek an order for
remand of the accused or arrest of theperson. Here again, the law prevents thefunction of the police, and an order ofremand is conditional upon satisfaction of
a judicial magistrate.

Public apathy towards the police is also
due to the fact that quite a large numberof cases prosecuted by the police result inacquittal of the accused, due to proceduralor technical flaws, defects, or omission by
the police officials. The efficiency of police
function is generally measured on the basisof legal functions, i.e. either on the basis of
the number of arrests or on the rate of

The police may arrest a person on awarrant issued by the court, and also on
observation of the commission of a crime,
or where there is reason to believe that acrime has been committed by the suspected
person. Here, the direction of the law isthat the arrested person must be taken
promptly before a magistrate without any
loss of time.

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111TH INTERNATIONAL SEMINARPARTICIPANTS’ PAPERS
Interrogation of criminals or suspects is
an important legal process for collecting
evidence against the offender. But there
is a question on the limitation ofinterrogation. The police must observe
certain civilities while interrogating asuspect. The questioning must not be‘coercive’ or too intimidating. They should
not extract admission or confession bycoercive or “third degree” methods, so thatno sad incidents happen in the custody ofpolice, and so that the real offenders canbe prosecuted.
Besides making arrests, the police mustalso actively assist the prosecutor to
conduct prosecution of cases in law courts.
The success of prosecution largely depends
on the promptness and ability with which
the investigation is conducted by the police.
It is therefore, necessary that the police andthe prosecutor should have a thoroughknowledge of substantive and proceduralcriminal law. The legal requirement fortrial of an accused is that the prosecution
must come forward with all material
evidence, complete in all respects, to provethe charge against the accused. The
witnesses should be appraised of the points
on which the prosecutor desires to examine
them, before they are actually brought into
the witness stand.
To meet the needs of developing society,the role of the police is no longer confinedto the maintenance of law and order, andthe prevention and detection of crime. It
is required to play a significant role indevelopment activities by providing basic
security and control of economic crimes forsustained economic growth of the country.
The police have a vital role in dealing withinsurgency, women and child trafficking
and smuggling, which impedes
development activities and threatens the
security of society.

VI. PROSECUTION
Under the criminal administration ofjustice, offences are broadly categorised
into cognizable and non-cognizable with
their classification as to arrest, bail,compoundability, courts by which to betried, procedure of trial etc. Criminal
proceedings are usually initiated either bycomplaint of the complainant or by theFirst Information report by the police. In
cognizable cases, police can arrest thealleged offenders without warrant from thecourt. Prosecution in cognizable cases is
the State’s responsibility, and in thecomplaint case, responsibility lies with thecomplainant. A criminal proceeding
comprises of investigation and trial ending
either in conviction or acquittal of theoffenders. In cases of cognizable offences,the police are entrusted with theinvestigation of the offence and detectionof offenders, collection of evidence, and thenthe case will be ready for trial. The
foundation of the case is built during
investigation. Success of the prosecution
depends up on the efficient handling of thecase by the investigators. Detection of thereal criminals and collection of proper
evidence is the foundation of theprosecution. Ensuring fair and efficientjudicial proceedings and punishing real
offenders enables the criminal justicesystem to strongly counter crime.
The success of prosecution largely
depends on prompt and correctinvestigation, and speedy trial. So time
limits for investigation and trial play a vitalrole here. Another point is the relationshipbetween the police and magistracy, andbetween the bench and the bar. Lack ofthese relationships is noticed in developing
countries. Needless to say, there is a needfor these groups/agencies of the criminal
justice system to work in close harmony
a n d t o t r u s t e a c h o t h e r. L a c k o faccountability towards the people of these381

RESOURCE MATERIAL SERIES No. 55
agencies, creates concern about thecriminal justice system of the society, which
will ultimately reflect on the clearing ofcases, fair and speedy trial, and thepunishing real offenders.
VII. THE JUDICIARY
The present day civilization is largely
founded on law and justice. To seek and to
get justice is the birth right of every humanbeing, without discrimination, like otherfundamental rights. For administering
justice, the system of judiciary has
developed in various forms in different
countries; the standard of perfection beingat varying degrees, depending on various
factors such as socio-economic andreligious-political conditions etc.
Nevertheless, a sound and independent
judiciary is the sine-quanon of a healthysociety. The more the judiciary is
independent and sound, the more thepeople of the nation will reap the benefitsof safety, liberty and prosperity. The
judiciary is the guardian of law, protectorof individual rights and medium for social
equilibrium. So remarks could be drawnthat the judiciary is the barometer ofcivilization. With the march of civilizationand more improved technology and ideas,closer co-operation between various nations
and their legal systems may also beenriched, thereby benefitting by providing
justice for all.
VIII. LEGAL SYSTEM OFBANGLADESH
The Constitution of the Peoples Republicof Bangladesh, adopted in 1972, contains
a separate part (part VI articles 94-117)
dealing with the judiciary. The hierarchyof the judiciary comprises of the Supreme
Court of Bangladesh and the subordinate
courts below. The Supreme Court is thehighest court of the country and comprisesof the Appellate Division and the High
Court Division headed by a Chief Justice.

382

Besides appellate and revisional
jurisdiction on civil and criminal matters,
the High Court Division has extraordinary
jurisdiction commonly known as “writjurisdiction” under article 102 of theConstitution for enforcement offundamantal rights. The Appellate
Division of the Supreme Court is the apex
court which, besides having jurisdiction of
appeals arising out of the decisions of theHigh Court Division under article 103, hasbeen vested with the jurisdiction ofoverseeing complete justice under article
104 of the Constitution, to prevent
miscarriages or failures of justice. The
Appellate Division also has advisory
jurisdiction on legal matters of public
importance, under article 106 of theConstitution, whenever sought by the
President. The Supreme Court has thejurisdiction to decide the constitutionalityof any law and also can strike down any
law which is ultra vires or inconsistent withany provision of the Constitution. The
decisions of the Appellate Division arebinding upon the High Court Division, as
well as on the subordinate courts, and thedecisions of the High Court Division on all
courts, subordinate to it.
The subordinate judiciary consists of thecourts of the District Judges, Additional
Judges, Subordinate Judges, AssistantJudges and Magistrates. The District,
Additional and Subordinate judges, apartfrom their civil jurisdiction, are also vested
with criminal jurisdiction for trying cases
and are classified as Courts of Session
Judges, Additional Session Judges andAssistant Sessions Judges. Magistrates
have exclusive and original criminal
jurisdiction classified as Magistrate classI, class-II and class-III, having power to try
cases which are not triable by the Courtsof Sessions. In the metropolitan area, theMagistrates Courts are classified as Courtsof Metropolitan Magistrates, headed by the
Chief Metropolital Magistrate who is

111TH INTERNATIONAL SEMINARPARTICIPANTS’ PAPERS
appointed by the Government. Besides themetropolitan area, the District Magistrateis the Chief of the Magistracy under which
trial magistrates work. District
Magistrates and other magistrates, besides
their judicial jurisdiction, also haveexecutive functions. The Chief
Metropolitan Magistrate, and themagistrates below, have exclusive judicial
function. Against the judgements ofconviction and sentence passed bymagistrates there lies appeal to the Courtof Sessions and to the High Court Division
against the judgement by the session
judges.
Under the criminal administration ofjustice, offences are broadly categorised
into cognizable and non-congnizable with
their classification as to arrest, bail,compoundability, courts by which to betried, procedure of trial etc. Criminal
proceedings are usually initiated either bycomplaint or First Information Report. In
cognizable cases, police can arrest thealleged offenders without warrant from thecourt. Prosecution in cognizable cases is
the State responsibility. A criminal
proceeding comprises of investigation andtrial, ending either in conviction or
acquittal of the offenders. Mainly the police
are entrusted with the investigation during
which offenders are detected andapprehended, evidence is collected and thecase is made ready for trial. The foundationof the case is built during investigation.
Detection of the real criminals andcollection of proper evidence lay thefoundation of a criminal case, because thesuccess of the prosecution depends on theefficient handling of the case by theinvestigators. How investigations are to
be conducted, statements of witnesses,
confessional statements of accused, dying
declarations are to be recorded, are all
regulated by specific provisions of law.

A. Independence and Separation of
the Judiciary
According to the provision of article 94(4)of the Constitution, the Chief Justice andother judges of the Supreme Court are
independent in the exercise of their judicial
functions. Similarly, all persons employedin the judicial service and all magistrates
are independent in the exercise of their
judicial functions, as provided under article
11 6 A o f t h e C o n s t i t u t i o n . T h e
independence of the judiciary is the precondition of fair trial and justice. Anotherpre-requisite of a sound and independent
judiciary is the separation of the judiciaryfrom the executive organs of the State.
Article 22 of the Constitution contains
fundamental principles of State policy tothe effect that “the State shall ensure theseparation of the judiciary from theexecutives organs”.
At present, the judges of the subordinate
courts are under the administrative controlof the Ministry of Law, Justice andParliamentary Affairs which, according toarticle 116 of the Constitution, exercises
this control in consultation with theSupreme Court. However, the magistrates
are under the administrative control of the
Ministry of Establishment. The
magistrates perform both executive andjudicial functions. The dual administrative
control over the judges and magistrates
have some adverse effects on the
independence of the judiciary, sometimes
affecting fair trial.
B. Constitutional Provisions for
Fair Trial
To get a fair and speedy trial is afundamental right guaranteed in theConstitution. Article 35 reads as follows:“35. Protection in respect of trial andpunishment(1) No person shall be convicted of any
offence except for violation of a law

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RESOURCE MATERIAL SERIES No. 55
in force at the time of thecommission of the act charged as
an offence, nor be subjected to apenalty greater than, or different
from, that which might have been
inflicted under the law in force atthe time of the commission of theoffence.
(2) No person shall be prosecuted andpunished for the same offence morethan once.
(3) Every person accused of a criminal
offence shall have the right to a
speedy and public trial by anindependent and impartial court or
tribunal established by law.
(4) No person accused of any offence
shall be compelled to be a witness
against himself.
(5) No person shall be subjected totorture or to cruel, inhuman, or
degrading punishment or
treatment.
(6) Nothing in clause (3) or clause (5)shall affect the operation of any
existing law which prescribes any
punishment or procedure for trial.”
The question of fair trial presupposesfair investigation, fair prosecution andfairly providing scope for the defence of theaccused under legal dispensation. In ourcriminal jurisprudence, a person accusedof an offence shall be presumed innocent
so long he or she is not proved guilty bylegal evidence beyond all reasonable doubt.
The doctrine of reasonable doubt plays avital role in our legal system as a safeguard
against conviction of innocent persons,meaning thereby that even ten accusedmay be acquitted but not a single innocent
person should be convicted. That a person
shall have the protection of law is aninalienable right guaranteed in theConstitution, articles 31 and 33 which readas follows:

384“Article 31, Right to Protection of LawTo enjoy the protection of law, and to
be treated in accordance with law, andonly in accordance with law, is theinalienable right of every citizen,
wherever he may be, and of every
other person for the time being within
Bangladesh, and in particular no
action detrimental to the life, liberty
body, reputation or property of any
person shall be taken execpt inaccordance with law.”“Article 33, Safeguards as to Arrest and
Detention(1)No person who is arrested shall be
detained in custody without being
informed, as soon as may be, of thegrounds for such arrest, nor shall bedenied the right to consult and be
defended by a legal practitioner of his
choice.
(2)Every person who is arrested anddetained in custody shall be produced
before the nearest magistrate withina period of twety four hours of sucharrest, excluding the time necessary
for the journey from the place of arrest
to the court of the magistrate, and nosuch person shall be detained incustody beyond the said period
without the authority of amagistrate.”
For the purpose of protecting social orderand peace by preventing prejudicial
activities against the State, the Special
Powers Act 1974 was enacted. Meanwhile,
this law has been largely modified. There
are a lot of argument and criticism for andagainst this law, which curtails thefundamental rights of the citizen.
Instances are not rare where concerned
agencies of the government sometimes use
the provision of this law arbitraritly.
However, continuing demand persists forthe repeal of the Special Powers Act 1974,
from the conscious section of the people.

111TH INTERNATIONAL SEMINARPARTICIPANTS’ PAPERS
C. Provisions for Bail
Bail of the accused in a criminal
proceeding, either during investigation ortrial, occupies an important chapter. In thecase of a bailable offence, bail may be
granted as of right. In the case of nonbailable offences, grant of bail is at thediscretion of the court. In the traditional
concept of our jurisprudence, grant of bailis a rule, and refusal is an exception. As
the question of bail involves curtailmentof freedom of movement, this should be
dealt with judiciously and in accordancewith consistent norms and standards. In
the case of grave offences such as murder;
dacoity with murder; rape with murder;
high treason; grievous hurt causing
permanent disfiguration of face and vital
parts of body of corrosive substance; drugtrafficking and the like involving capital
punishment; the accused are refused theprivilege of bail. Even in such cases, bailmay be granted to an accused who is a
women, or a sick or infirm person, or aminor below 16 years of age, under section
497 of the Code of Criminal Procedure.
Unless there is anything which may cause
prejudice to the prosecution, the accusedmay be granted bail in usual practice.
D. Exclusion of Evidence made in
Police CustodyExclusionary provisions in the evidence
law is of great significance. In criminal
trials, statements made to the police are
not admissible in evidence. Similarly,
confessional statements of the accused,made in police custody or under threat,duress or coercion, are not evidence andcannot be used against the accused for the
purpose of conviction. Only the statements
made to the magistrate, in pursuance of
which incriminating materials arerecovered, are admissible in evidence under
section 27 of the Evidence Act 1872. Inorder to prove the charge in a criminal trial,
there must be direct and reliable evidence.
Hearsay evidence of reliable and impartial

witnesses carries weight towards proving
the guilt of accused. Circumstantial
evidence of a strong nature, leading
unerringly to the irresistible exclusion of
any other hypothesis as to the guilt of theaccused, may well form the basis ofconviction.
E. Public Prosecutor and Legal Aid
Prosecution on behalf of the State isconducted by the public prosecutor before
the Court of Session and by the Court
Police Inspector before the magistrate. The
police are entrusted with the task ofinvestigation and are responsible toproduce witnesses before the court during
trial. The accused may plead guilty or not
guilty of the charge. In the event ofpleading guilty, the accused may beconvicted accordingly. The prosecution is
fully liable to prove the charge with cogent
and reliable evidence beyond all reasonable
doubt. Only in the case of criminal breachof trust and misappropriation, can an
accused offer themself as a witness, to givean account of the money or things given tothem in trust.
The accused is entitled under law tofreely consult and be defended by a lawyerof their choice. Where the accused cannot
provide for their defence by engaging alawyer due to poverty, s/he can have legal
aid at the expense of the State. In every
district a Legal Aid Committee, constituted
at the behest of the Government, has been
providing legal aid to the poor anddistressed.
F. Forensic Department
The Forensic Department have an
important role in relation to criminal
justice involving murder, rape, grievous
hurt, kidnapping and abduction. As birth
registration of childen is not made in mostcases, the determination of the age ofvictim frequently becomes a subject ofcontroversy. In the face of growing socio-

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RESOURCE MATERIAL SERIES No. 55
economic complexities, crime of the above
nature has increased manifold. The lackof adequate forensic facilities results in the
delay of forensic examination in manycases, which adversely reflects on fair andspeedy trial.
G. Juvenile Justice
Juvenile justice has, of late been a global
concern. For the purpose of securing thebest interest of the child, the United
Nations adopted the Convention on the
Rights of the Child (CRC). Children below
seven years are exempted from criminal
liability under section 82 of the Penal Code1860. The age between 7 and 12 years, withregard to the criminal liability of a child,depends on the nature of understanding,
to be determined by the judge. The joint
trial of a child with an adult accused isprohibited. In the Children Act 1974, theupper limit age of a child has been fixed at
16 years. Juvenile offenders below the ageof 16 must be tried by the Juvenile Court
under the procedure laid down in theChildren Act 1974. This Act mostly
confirms the norms and standards set forthin the CRC. Besides the magistrates,
District Judges are performing thefunctions of juvenile courts as additional
duties. In the whole country there are only
two reformatory schools - one at Tongi andthe other recently established at Jessore.
Although there is strict provisions forkeeping the child offender in segregation,very frequently they are kept in ordinary
jail custody with adult offenders. Sufficientremand homes and separate juvenile courts
need be established in every district so thatchild offenders are humanely dealt withduring trial, with focus on reform and social
re-integration to lead a dignified life in themainstream of society as worthy citizens.
H. Sentencing Process
Sentencing, being the final andconcluding part of trial in a criminal case,occupies an important position in relation386

to fair trial and fair justice. Generally oursentencing system is deterrent andretributive in nature. The whole drama ofa criminal proceeding ends with the verdictof the court in which the police/
investigators, witnesses, prosecutors andjudges/magistrates play their respectiveroles. Apparently, a criminal charge
against a person in society carries a certain
stigma, and for that, people generally try
to avoid criminal charges or otherwise
being entangled in criminal proceedings.
Sentence of death, imprisonment for life,
imprisonment rigorous or simple, forfeitureof property and fine are prescribed bysection 53 of the Penal Code, which may
be awarded to offenders according to thenature of the charges. By Ordinance XLIof 1985, the term “transportation for life”
has been substituted by the words“imprisonment for life”, equivalent to thirty
years rigorous imprisonment under section
57, which the Government may commute
into imprisonment not exceeding twenty
years, as provided under section 55 of thePenal Code (Ordinance XLI of 1985).
Sentences of death passed by the Court ofSessions have to be confirmed by the High
Court Division under section 374 of theCode of Criminal Procedure. Within the
prerogative of the President is the grant ofpardons, reprieves, respites, remit,
suspend or commute any sentence passedby any court, tribunal or other authority,
under article 49 of the Constitution.
Under no circumstances can a person beawarded punishment in excess of what isprescribed by law. Except in cases
involving the sentence of death andimprisonment for life, the courts are given
wide discretion in passing sentences ofvarious terms. The cardinal principle isthat the sentence must not be excessive or
disproportionate to the nature and gravityof the offence. In practical experience it isfound that different courts pass different

111TH INTERNATIONAL SEMINARPARTICIPANTS’ PAPERS
terms of sentences in similar types of cases,
which prick the conscience. The judicial
norms must not be at unreasonablevariance, which would shake the people’s
confidence in the judiciary. The purpose of
the law is that the real offenders must be
punished according to the degree of theoffence, and the law must not be
instrumental or tainted with personal
motive or otherwise, which may servecriminals in the proliferation of crimes atthe cost of social security and peace.
Accountability in such a situation must be
ensured for all who are engaged in the taskof administering justice, no matter whether
they are investigators, prosecutors, judges
or magistrates.
IX. CONTROL AND PREVENTIVEMEASURES
With the 21st century knocking at thedoor, and with modernization andadvancement of society, social values arechanging. New ideas and dimensions
should be considered for administering thecriminal justice system of the society
concerned. “Justice delayed is justicedenied” is a very well known term which
speaks for speedy and prompt trial. The
current situation of Bangladesh is that, due
to heavy caseloads on the judges andmagistrates, and the non-appearance ofdefendants and witness, an inumerable
number of cases remain pending year afteryear. Criminal cases investigated and triedin the years 1996 and in 1997 (Table 1 and
2) show that 49472 cases under trial werepending at the end of 1996, and in 1997
this was raised to 60791 cases.
Countermeasures may be considered as:• Increase in the number of judges/
magistrates.
• Separate investigating andprosecuting agencies.
• Simplification of the judicial trial
system.
• Improvement of case management,

information systems should be
simplified. Adoption of computerised
systems and computerised record
keeping systems.
• Modification of Evidence Act. Strict
rules for taking witness evidence
could be a positive step.
• Time limits for adjournment anddisposal/trial of cases.
• Emphasis on co-operation andharmony between bench and bar.
• Accountability for all concern.
• Fullfillment of extradition agreement
and international co-operation
towards control of crime.
From the perspective of the wholecriminal justice system, the rate ofconviction should be scrutinised toguarantee the effectiveness and efficiencyof the system. A high conviction rate isindicative of successful investigation andprosecution. If we see the statistics ofconviction and acquittal for the years 1996
and 1997, they reveal that the acquittal
rate is 4 times greater than that ofconviction. The excessively low rate ofconviction reflects that there are someunderlying problems in criminal justiceproceedings.
Reasons andcountermeasures may be:• Separate set of investigators trainedin accordance with the law for quality
investigation.
• Separate set of prosecutors.
• Supervision by the higher judiciary.
• Escalation from power, influence,money, for all concerned.
• Speedy trial.
• Accountability of all concerned.
The Code of Criminal Procedureprovides the legal framework for runningthe criminal administration, including
court procedures, police functioning etc. It
also contains certain legal provisions forpreventive actions of the police inmaintaining law, order peace, and387

RESOURCE MATERIAL SERIES No. 55
tranquillity in society. Besides this, thefollowing are the preventive laws:(a) Section 106 Criminal Procedure
Code: security for keeping the peaceon conviction.
(b) Section 107 Criminal Procedure
Code: security for keeping the peacein other cases and security for good
behaviour.
(c) Section 108 Criminal Procedure
Code: security for good behaviour
from persons disseminating seditious
matters.
(d) Section 109 Criminal Procedure
Code: security for good behaviour
from vagrant and suspected persons.
(e) Section 110 Criminal Procedure
Code: security for good behaviour
from habitual offenders.
Section 149 of the Criminal Procedure
Code reads: “Every policy officer may
interpose for the purpose of preventing
crime and shall to the best of his ability
prevent the commission of any offence”.
Section 54 and 151 Criminal Procedure
Code has given police officers the power toarrest any person without a warrant, only
to prevent cognizable offences. The Police
Act 1861 also has similar provisions thatemphasizes the preventive role of police.
Nowdays, in preventing crime, the police
enforce the authority of preventive
detention as per the provisions of section 3(2) of the Special Powers Act 1974.
It appears from the legal provisions
mentioned above that the police haveenough scope to deal with the preventionof crime in society. From statisticalanalysis however it appears thatpreventive prosecutions are not creating
the desired impact on the mainstream ofoffences in the country. The punishmentof preventive protection is only limited tothe execution of a security bond. As such,it can not successfully prevent thecommission of crime. Due to the radical

388

changes taking place in the livelihood ofpeople in the recent past, criminals havedeveloped remarkable systems, becoming
absolutely impractical for police controllingthe crimes. Besides this, due to insufficient
preventive intelligence, crime prevention,
particularly preventive prosecution, does
not achieve much.
X. CONCLUSION
There is no society in the world without
the problem of crime and criminals. In
Bangladesh, the combating of crimes andadministration of the criminal justicesystem is the shared responsibility of thepolice, the prison and the judiciary. Witha view to overcoming the deficiencies of
preventive measures, it is essential toframe some deterrent provisions of the law
incorporating punishment of imprisonment
and fine for preventive prosecutions.
Prevention of crime is the collective
responsibility of the society. It should not
be left to the police or judiciary alone. Only
the concerted effort of police and the people
can combat this social crisis. Awarenessand knowledge by the people of the law isnecessary.

111TH INTERNATIONAL SEMINARPARTICIPANTS’ PAPERSTABLE 1CRIMINAL CASES INVESTIGATED AND TRIED 1996
Crime

No. ofCases

CHARGE SHEETEDFINAL REPORT

No. ofCases

No. ofAccused%No. ofCases%

INVESTIGATIONNOT COMPLETED

Dacoity

924

425

3532

49.88%

427

50.12%

72

Robbery

1660

796

2128

51.29%

756

48.71%

108

Murder

3131

2102

12339

----

829

----

200

Rioting

5986

4612

53678

78.08%

1295

21.92%

79

Rape

525

400

1064

76.19%

125

23.81%

0

Cruelty to
Women

3121

2178

7320

----

849

----

44

Cruelty toChildren

202

173

551

86.07%

28

13.93%

1

Kidnapping/Abduction

1050

626

2453

65.21%

334

34.79%

90

Burglary

5177

1728

4101

33.63%

3410

66.37%

39

Theft

10273

4112

9708

----

5677

----

484

Arms Act

2519

2276

3960

92.07%

196

7.93%

47

Explosive Act

748

493

1709

72.18%

190

27.82%

65

Drugs Act

3586

3050

4314

94.52%

177

5.48%

359

Smuggling

3146

2828

4866

90.99%

280

9.01%

38

Other

51262

37895

190015

...

12545

----

822

Total

93310

63744

30173870.15%

27118

29.85%

2448

CRIMINAL CASES INVESTIGATED AND TRIED 1996
PUNISHMENTACQUITTAL%

No. of Cases No. of Accd.

CASE UNDER TRIAL

No. Cases

No. of Accd.

%

No. of Cases No. of Accd.

7

28

25%

21

86

75%

397

2371

23

49

22.33%

80

177

77.67%

693

1846
60151

53

136

----

147

700

----

1902

62

444

5.37%

1093

10153

94.63%

3457

5766

26

45

18.57%

114

339

81.43%

260

1073

120

241

----

536

1825

----

1572

7346

8

9

----

26

86

----

139

526

12

26

9.30%

117

461

90.70%

497

2603

143

255

28.95%

351

799

71.05%

1234

3394

235

459

----

721

1807

----

3156

8723

123

201

35.76%

221

399

64.24%

1932

3703

11

21

25.00%

33

157

75.00%

449

2232

158

230

40.20%

235

374

59.80%

2657

4260

271

458

34.61%

512852

65.39%

2045

4643

1596

5117

----

7217

35748

----

29082

1694212848

7719

19.96%

11424

54153

80.04%

49472

278058389

RESOURCE MATERIAL SERIES No. 55
TABLE 2CRIMINAL CASES INVESTIGATED AND TRIED 1997
Crime

No. ofCases

CHARGE SHEETEDFINAL REPORTINVESTIGATIONNOT COMPLETED

No. ofCases

No. ofAccused%No. ofCases%

Dacoity

933

338

2376

57.00%

255

43.00%

Robbery

1765

706

1828

50.28%

698

49.72%

361

Murder

3084

1683

10213

----

581

----

820

Rioting

4967

3685

40098

83.90%

707

16.10%

575

Rape

1336

901

2500

69.90%

388

30.10%

47

Cruelty to
Women

4507

2834

9244

----

1073

----

600

Cruelty toChildren

453

346

858

83.17%

70

16.83%

37

Kidnapping/
Abduction

1025

494

2105

61.44%

310

38.56%

221
505

341

Burglary

5425

1656

4145

33.66%

3264

66.34%

Theft

10041

4133

10539

----

4978

----

930

Arms Act

1969

1709

2969

95.58%

79

4.42%

181

Explosive Act

550

280

1051

79.32%

73

20.68%

197

Drugs Act

4431

3075

4248

94.41%

182

5.59%

1174

Smuggling

2763

2274

3835

92.25%

191

7.75%

298

Other

58912

42895

193812

----

13629

----

2388

Total

10216167009

28982171.68%

26478

28.32%8674

CRIMINAL CASES INVESTIGATED AND TRIED 1997
PUNISHMENTACQUITTALUNDER TRIAL CASE

No. Cases

NO. of Accd.

%

No. of Cases

No. of Accd.

%

No. of Case1

6

33.33%

2

7

66.67%

335

2400

1

2

12.50%

720

87.50%

698

2197

390

No. of Accd

4

5

----

12

59

----

1667

11252

12

95

4.17%

276

2453

95.83%

3397

41998

17

30

21.25%

63

157

78.75%

821

2894

43

93

----

237

1040

----

2554

6641

5

11

27.78%

1336

72.22%

328

934

2

10

11.76%

1558

88.24%

477

2723

42

83

27.10%

113

283

72.90%

1501

4162

88

166

----

262

706

----

3783

9508

11

18

30.56%

25

40

69.44%

1673

3568

0

0

0.00%

3

19

100.00%

277

1883

70

101

56.45%

54

94

43.55%

2951

4945

51

109

39.84%

77118

60.16%

2146

4201

900

3255

----

3812

20007

----

38183

2054461247

3967

20.05%

4971

25096

79.95%

60791

304752

111TH INTERNATIONAL SEMINARPARTICIPANTS’ PAPERSTABLE 3TOTAL STRENGTH OF BANGLADESH POLICE
Rank
I.G.P
Addil. I.G.P
DIG
Addil DIG
S.P
Addil. S.P
Sr. A.S.P
A.S.P
Inspector (Unarmed)
Inspector (Armed)
Sub-Inspector (Unarmed)
Sub-Inspector (Armed)
Sergeant
T.S.I
A.S.I
Head Constable (Unarmed)
Head Constable (Armed)
NaikConstable (Unarmed)
Constable (Armed)

Number
1
10
21
15
154
136
144
490
1131
459
4843
1502
963
70
3493
1399
4608
4668
36136
37992

Total

98,236391