Constitution & Powers of Criminal Courts and Offices

Constitution and Powers of Criminal Courts and Offices:

Of the Constitution of Criminal Courts and Offices

What are the Classes of Criminal Courts?

Section 6: Classes of Criminal Courts: 

(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;

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.

 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" independently.  

Who is Magistrate?

The term Magistrate shall include every person exercising all or any of the powers of a Magistrate under this law for the time being in force. Court is a place where justice is judicially administered. A Magistrate as   similar isn't a court unless he's acting in a judicial capacity. The use of the term Magistrate  rather of Court doesn't by itself  indicate that he acts as a person designate and not as court. 

What is Criminal Court

The words Criminal Court shall denote every Judge or Magistrate lawfully exercising  governance in  Felonious cases, whether for the decision of  similar cases in the first case or an appeal or for  transferring a case to the court of Session.  Court is a place where justice is judicially  conducted. Though the' felonious court' has not been defined any where yet in general connotation it means a court as mentioned in the  law of criminal procedure.  Under this  law, the words" Criminal Court" shall denote every Judge or Magistrate lawfully exercising  governance in criminal cases, whether for the decision of  similar cases in the first case or an appeal  or for  transferring a case to the court of Session.  According toS.R.O.No. 241 An/ 2007 dated9-11-2007 the Judiciary is now separate from the  superintendent. 

 How many types of Adjudicators?

There are two types of Adjudicators, one is the Judicial and the other is the Executive Magistrate.  Though the term" Criminal Court" has not been defined anywhere yet in general connotation it means a Court as mentioned in the Code of Criminal Procedure.