Authored By: Razwan Ahamed
University of Asia Pacific
Abstract
The criminal Justice system of Bangladesh struggles with president and excessive delays in case disposal, which hinders access to justice and damages public trust. This study identifies key causes, including inefficient procedures, corruption, a lack of judicial staff, and reliance on old, colonial era laws. To conduct this study, I have reviewed relevant article, statistic, book, reports, relevant literature situated within the framework of my subject. In order to analyze the data, I employed qualitative doctrinal method. The combined effect of these issues severely impairs justice delivery. To boost the speed and credibility of the system, the research proposes specific solutions: ensuring judicial independence, adopting digital case management, improving transparency, and significantly increasing resource allocation.
- Introduction
With the aim of fostering a good and disciplined life, society has established various institutions, including the crucial Criminal Justice system. In a narrow sense, this system is very important, especially in the realm of human interaction, where it plays a significant role by guiding and regulating collective and mutual relationships. As people live together in society, following rational and balanced code of life introduced and managed by the Criminal Justice system is essential. Bangladesh, as an independent state, has its own Criminal Justice system, which largely originates from the 200-years old British system.
In Bangladesh, procedural law heavily influence litigation, where litigation engage in an adversarial process with win/loss expectation. Introduced by British rules this system, despite its drawbacks, has persisted with amendments since India’s 1947 independence for delivering desired justice. Challenges include inefficient administration poor court management, insufficient infrastructure, and issues with enforcing organization (legal professional, police, judiciary), hindering the rule of law and protection of citizen’s rights. Over the five hundred years, the Indian sub -continent saw the development of legal principles and concepts modeled on both Indo-Mughal and English law, with each of these early periods (Hindu, Muslim, British) having its own distinct legal history. For better understanding this history can be conveniently categorized into five period: pre-British, Hindu period, Muslim period, British period and the Pakistan and Bangladesh period.
1.1 Methodology
This is a qualitative doctrinal study. Its main sources of information are constitutional articles and National Laws. Additionally, the study uses secondary sources like magazine and journal articles, newspaper opinion pieces, books, and official report.
- Trial system in Bangladesh (criminal)i
The criminal justice system in Bangladesh includes the police, judiciary (court prosecutors, and defense counsel) traditional and non- formal conflict resolution mechanism, and prisons. Bangladesh’s criminal trial system operates under a trial system inherited from British common law. The court in Bangladesh are divided inti two main categories: the supreme court of Bangladesh and subordinate courts. The supreme Court is the highest appeals court and is divided into the High Court Division and the Appellate Division. The Subordinate Courts comprise all civil and criminal judges, as well as courts and Magistrate’s Courts.
- Definition of delay in this sector:ii
A backlog of cases, in essence, refers to those legal matters that, despite being prepared foe trial, remain unresolved beyond the timelines established by the courts, lacking a definite schedule for their disposition, while delay itself signifies a state of being protected or deferred, representing a deviation from the intended timeline, a period of waiting for action, or an impediment to the progression of a case, ultimately leading to its postponement.
- Causes of Delayiii
4.1 Victim, Defendant, Witness
Rights of the victim or defendant: Procedural rules designed to protect their rights can sometimes lead to longer waiting times. Interests of the offender: Defendants might seek delays to remain in a pre-trial detention center, demonstrate good behavior to the court, or avoid immediate custodial sentences. Defendant characteristics: Factors like illness, being handicapped, or being a foreigner who doesn’t speak the court’s language can cause delays. Victim and witness issues: If victims or witnesses are ill, old, out of town, or give conflicting or withdrawn testimony, it can also lead to delays.
4.2 Prosecutor
Decision on Charges: When a public prosecutor determines what charges will be brought against an individual, how serious the charges are, and how complex the case will be, these decisions can significantly influence how quickly the case progresses. Indirect Influence: the seriousness of the charges might have an indirect influence. This means that depending on the type of charge, how the case is resolved or what kind of legal actions (motions) are taken can lead to delays in the case.
Impact of Charge Complexity: If a charge is very complex, involving many legal issues or facts, then the case proceedings will naturally take more time. Administrative Reasons: Public prosecutors’ offices generally work in a very organized manner. However, various administrative reasons discussed later can also cause cases to get stuck or delayed at the prosecutor’s level. This means that managing files, preparing documents, or other clerical work can also take time.
4.3 Police
Unnecessary Investigation: If the police or detective police conduct an unnecessary investigation in a case, even if there was sufficient initial evidence and the file could have been sent directly to the public prosecutor, it can still cause delays. Often, patrol police themselves can make a decision or prepare a file for an incident, but if the case goes to specialized police departments, it can take a longer time at that stage. Coordination between Special Teams and Departments: Lack of information exchange and coordination between various special task forces (such as tax, customs, narcotics, homicide departments) and general police stations can lead to delays in cases. Lack of Communication and Cooperation: If there is a lack of communication and cooperation among uniformed police, criminal police, and detective police during the investigation, it can cause delays. Even a lack of cooperation between the police and the public prosecutor can hinder the investigation. Relationship between Length of Investigation and Court Proceedings: there is no relationship between the length of police investigations and the length of court This means that even if the police investigation is lengthy, the court proceedings might conclude quickly, or conversely, even if the police investigation is quick, the court proceedings might take a long time Impact of Investigation Difficulty: The length of a case investigation can vary based on how difficult the investigation is. It is natural for complex cases to take longer to investigate.
4.4 Other Factors Affecting Case Processing:
Nature of Evidence: In general or special crimes (such as fraud, child abuse) involving financial matters, collecting evidence can take longer because the prosecutor or police have to examine financial transactions. Specialty of the Offense: Gathering evidence for certain special types of offenses (such as computer crime, environmental crime, commercial crime) can be difficult, which can cause delays in case processing. Number of Offenders: If there is a large number of defendants in a case, the investigation can become more complex and time-consuming (Neubauer & Ryan, 1982). Type of Evidence: Weak evidence that is likely to be quickly dismissed can lead to a faster initial investigation. However, “medium” quality evidence may require further inquiry, leading to lengthy investigations and court proceedings. In cases of negligent homicide, detailed investigations are often necessary because the sudden and unexpected nature of the events makes it difficult to determine the exact cause. Role of the Investigator: If an investigating officer is frequently transferred or on leave, it can also cause delays in the investigation because a new officer needs time to understand the case information.
4.5 Defense
Influence of the Defense Attorney: The defense attorney plays a significant role in the pace and resolution of a case. In particular, privately hired attorneys can prolong cases. Intentional Delay: When there is a high probability of the defendant being convicted, their lawyers may delay the proceedings for various reasons, such as creating grounds for an appeal. Role of Other Institutions: Non-penal institutions such as the juvenile department of social services and probation departments can cause delays in cases by preparing social inquiry reports. These reports can also influence the subsequent process of the case and the depth of the court’s inquiries.
4.6 Other institution
There are some government institutions that do not directly punish offenders, but their work can cause delays in the legal process. For example, the juvenile department of the social services directorate prepares a social inquiry report. According to the law, the proceedings of a case can only begin after this report is submitted. As a result, there can naturally be some delay in starting the case.
Furthermore, based on the information provided in this report, the court can also determine the intensity of personal inquiries. That is, the report can influence the beginning of the case as well as the nature of the court’s subsequent questioning.
4.7 Sentencing & Sanctions
How a case ends (like whether there will be punishment or something else) and what kind of accusation it is, both of these things determine how long it will take for a case to be completed. Also, if the punishment involves the offender doing work for the community or paying a fine, then there might be a delay in giving the verdict. This is because these tasks take more time. Sometimes, the judge delays giving the verdict hoping that maybe the issue will resolve itself or it can be combined with another case. Furthermore, if the judge wants to observe the offender’s behavior so that they can be given a chance later, there might also be a delay in the verdict. During this time, the offender is not in custody but is under the court’s observation.
4.8 False cases filling & insufficient court
In our country’s courts, there are many false and wrong cases. “Malicious prosecution” means when someone knowingly frames a good person with false accusations without any reason. These false accusations can come in various forms, and because of them, legal proceedings can take a long time to start.
4.9 Problems of Judiciary
In our courts, there aren’t enough judges. Each judge has to handle many different kinds of cases. The number of cases is so high that it’s difficult to finish the old ones. Often, the judge who initially hears a case gets transferred. Then, a new judge has to rehear some of the information. This makes the case proceedings even more delayed.
In simple terms, because there are few judges and they get transferred frequently, cases can’t be finished quickly.
4.10 Dissimilation of laws in particular issue with process complex
In our country, there are many laws dealing with the same kinds of problems. Because of this, judges and lawyers often have trouble deciding which law actually applies. The criminal justice system is complicated, lengthy, and experiences continuous delays. The entire process, from filing the First Information Report (FIR) to the verdict announcement, is a time-consuming matter.
4.11 Lack of current concept
Due to a lack of modern concepts, the public generally has very little confidence in the criminal justice system. This consequently has a negative impact on society. People begin to take the law into their own hands, with an increase in mob justice being one result, and an undermined justice system where justice is often not pursued.
4.12 Defective case management
Due to poor case management, criminal justice institutions are provided with limited information regarding their caseload. Detailed information, such as the categories of cases and the year of their registration, is particularly lacking. With insufficient data on the caseload, no one involved in the justice process possesses a comprehensive overview of the pending cases and the accumulating backlog. Consequently, it becomes exceedingly difficult to prioritize cases effectively. Similarly, the equitable distribution of cases is also hindered. Furthermore, there is little to no initiative to introduce a system of specialized functions and divisions that could enhance efficiency. Therefore, the focus tends to be on the case that is immediately at hand, rather than on a systematic and prioritized approach to addressing the total caseload.
4.13 Corruption
The prevalence of corruption constitutes a major impediment within the lower courts and prosecution framework of Bangladesh. Deviations from established procedures and the prevalence of bribery have cultivated an environment marked by a deficiency in transparency. Access to information regarding caseloads is limited, and the relevant judicial bodies often fail to implement principles of effective communication, cooperation, and coordination. As a direct consequence, the progression of legal cases is sluggish. The most impoverished and susceptible members of society bear the brunt of this dysfunction, as they lack the financial resources necessary to navigate the legal system.
The practices of bribery and nepotism are widespread among both police personnel and court employees. Numerous instances highlight the lack of transparency and accountability within the judiciary, often influenced by political biases. Public perception often casts court staff, judges, and prosecuting attorneys as either corrupt or susceptible to bribery. Law enforcement officers and prosecuting lawyers are similarly viewed, partly attributable to overburdened and inadequately funded judicial infrastructures, as well as corruption among judicial functionaries themselves. When individuals are unable to meet demands for illicit payments for services that should be provided without charge, their legal claims and cases face delays, rejections, or outright termination. Notably, survey data reveals that only a small fraction of household respondents (6%) and in-court respondents (10%) express a strong belief in the judiciary’s freedom from corruption. Only a small proportion of household respondents (6%) and in-court respondents (15%) believe that disputes can be resolved properly through formal justice systems. However, a significantly higher proportion of them disagree with this notion (18% of household respondents and 27% of in-court respondents). Only a few of the household respondents (3%) and in-court respondents (7%) fully agree that the existing judiciary is effective and helpful in providing services in matters of legal protection and safety of people, while most of them do not agree with the notion at all (24% of household respondents and 38% of in-court respondents). According to both surveys, delays took place due to opponents asking for extra time (61% and 37.6%), paying bribes (24.6% and 5.4%), not paying bribes (20.3% and 23.7%), and political interference (20.3% and 16%) being considered significant reasons. Corruption therefore appears to be a major issue with respect to corrupt institutions in Bangladesh, as per Transparency International’s report on Bangladesh. The police are infamous for taking bribes for allowing illegal and illicit acts, not performing their duties and letting alleged offenders out of custody. On the other hand, the court staff takes bribes for acquitting possible offenders without proper trial procedure being followed. So, corruption is one of the main hurdles in providing access to justice in criminal law cases.iv
4.14 Lack of logistic, administrative and technical resource Due to a limited budget, the judicial system of Bangladesh is suffering from various development issues and a shortage of manpower. The country’s government and international partner organizations have spent their limited financial resources to address this crisis, stable and effective improvement remains far-fetched unless there is a particularly significant increase in the national budget allocated to the judiciary. This budget increase is essential for enhancing the work efficiency of employees, increasing technological knowledge, and implementing more effective administrative regulations. On the other hand, the police force operates amidst adversities such as a lack of adequate training, scarcity of necessary resources, and insufficient salaries. These weaknesses play a significant role in increasing bribery and inefficiency in work at various levels. Due to structural and official problems, complexities arise, leading to increased bribery, corruption, and reluctance towards work.v
- Recommendation
➢ The judiciary must be allowed to operate with full independence.
➢ Political influence must be eliminated in the appointment of judges and government public prosecutors. Additionally, transparency must be ensured in police recruitment.
➢ Changes must be made to the case management and working hours of judges.
➢ To enhance the skills of judges, opportunities for further internal research and study should be provided.
➢ A digital system for collecting and writing case documents must be implemented.
➢ To expedite trials, a digital system for recording testimony should be established.
➢ A system should be in place to inform the plaintiff, defendant, and all relevant parties about case dates, the current stage of proceedings, appearance times, etc., through individual profiles.
➢ An expert committee and team should be formed to monitor the judiciary.
➢ Seminars and public gatherings should be organized at the grassroots level to raise awareness about legal procedures.
➢ A specific timeframe should be set for issuing summonses, and fees should be increased in case of failure.
➢ Separate investigation teams and special police units should be established. ➢ Transparency must be maintained regarding the recording of testimony.
➢ Efforts should be maximized to avoid errors in the verification and preparation of medical reports and general documents.
➢ Legal aid services should be strengthened.
➢ Furthermore, greater thoughtfulness should be applied in the enactment of laws. ➢ These measures can simplify the judicial process.
- CONCLUSION
The Primary issues plaguing judicial administration in Bangladesh are the rising backlog of cases and the resulting disposal delays, a problem shared by many judiciaries worldwide. To solve this, recommendations from commissions of experts-judges, lawyers and jurists are crucial for reforming the system. The main goal is to create a more effective and fruitful judiciary by implementing key changes. These include completely separating the judiciary from the executive branch, placing the subordinate courts entirely under the Supreme Court’s control, and significantly raising the standard of legal education. Furthermore, the salaries and benefits of judges must be increased to draw skilled professionals, and an independent Judicial Service Commission should be established for their recruitment. Finally, consistent training for both new and sitting judges is essential to enhance their efficiency in managing and clearing cases.
Reference(S):
i Md Ishaq Majumder, ‘Delay in Criminal Cases of Bangladesh: A Critical Analysis’ (2021) North American Academic Research Journal of Criminal Justice System https://twasp.info/public/paper/45-53.pdf accessed 7 October 2025.
iiMd Ishaq Majumder, ‘Delay in Criminal Cases of Bangladesh: A Critical Analysis’ (2021) North American Academic Research: Criminal Justice System https://twasp.info/public/paper/45-53.pdf accessed 7 October 2025.
iii Thomas Feltes, ‘Causes for Delays in the Criminal Justice System’ (1992) Council of Europe, Criminological Research, vol XXVIII, Report to the Ninth Criminological Colloquium on “Delays in the Criminal Justice System”, Strasbourg, 28–30 November 1992, 47–84 https://www.thomasfeltes.de/pdf/veroeffentlichungen/Delay.pdf accessed 7 October 2025.
iv Md Ishaq Majumder, ‘Delay in Criminal Cases of Bangladesh: A Critical Analysis’ (2021) North American Academic Research: Criminal Justice System https://twasp.info/public/paper/45-53.pdf accessed 7 October 2025.
v Tarek Mahmud, ‘Multiplicity of Problems Hinder Criminal Justice’ (The Daily Star, 11 February 2014) https://www.thedailystar.net/multiplicity-of-problems-hinder-criminal-justice-10759?hl=en-GB accessed 7 October 2025.
