Evolution of Criminal Justice in Bangladesh

Abstract

Bangladesh’s criminal justice system has mainly been evaluated from the British colonial era. However, the criminal justice system has not progressed much since then because of power-hungry leaders and their corruption. With the aid of secondary research, this study’s author has tried to examine the Evolution of the Criminal Justice System in Bangladesh: Trends & Contemporary Challenges.

Introductory issues

Introductions

The wealthiest region in the Indian sub-continent during the ancient and medieval era was the Bengal, also mentioned as the ‘Paradise of Nations.’[1] So, to maintain the status quo there was a well-designed criminal justice system in Bengal since the ancient Hindu period. Criminal justice prospered during the Mughal and British periods. British rule introduced the codification of laws by the Charter Act, 1833.[2] Very few changes have been brought since then and the flaws remain due to many challenges, discussed in this paper.

Objectives

With the following goals in mind, this Paper was completed:

1. To briefly discuss the history of the Bengal criminal justice system;
2. To sketch out the significant changes after 1971;
3. To understand the challenges in the CJS.

Methodology

The only data gathered for this study are secondary data. By using this method, I have completed my Paper.

Origin and Early Developments

The Ancient Period

 ‘The germ of criminal jurisprudence came into existence in India at the time of Manu.’[3]  Manu has categorized law, i.e., assault, battery, theft, robbery, false evidence, libel, slander, criminal breach of trust, adultery, gambling, and homicide as crimes.[4]

The Punishment system of ancient India was discriminatory, as the higher-standard people were given less cruel punishment than the lower. Cruelty, like being executed by being crushed to death by elephants, was there.

The Mughal Period

Fiqh-e-Firoz Shahi and Fatwai-i-Alamgiri codified the ways of testimony and types of crimes and punishments.[5] The crimes are-

• crimes against Allah (God)
• crimes against Shahenshah (King) and
• crimes against individuals.

Punishments were-

• Hadd (Fixed Penalties)
• Tazir (Discretionary Punishment)
• Qisas (retaliation) and Diya (Blood money)

The Hindu law was abolished and everyone was under the jurisdiction of Muslim Law despite the religious differences.

The Colonial Period

British rule brought many reforms in the criminal laws of the Indian subcontinent. The Regulation of 1832 allowed non-Muslims to be free from Muslim criminal laws jurisdiction and the jury system was introduced. In 1834, the first Law Commission of India was established.[6]

The Indian Penal Code, 1860 (IPC) (defining crime and prescribing appropriate punishments), the Indian Evidence Act, 1872 (IEA), the Code of Criminal Procedure, 1882 (established the rules to be followed in all stages), the Police Act, 1861, and the Prisons Act, 1894 were the primary legislation enacted to govern criminal justice in British India.  These were enacted in line with the English criminal laws.

The Pakistan Period[7]

During the Pakistan era (1947-1971) it mostly retained the colonial rule. The penal code was amended 14 times, the student politics were made an offense. Martial Law regimes in 1958 and 1969 enacted and amended criminal laws in a way that oppressed political parties and people who sought self-determination. Section 144 of CrPC was used against the students in 1952. The Elective Bodies (Disqualification) Order 1958 was enacted to disqualify political bodies arbitrarily.[8] After independence in 1971, Bangladesh brought many changes and abolished the oppressive amendments during the Pakistan era.

The Present Criminal Justice System of Bangladesh

Criminal Laws Reforms

Bangladesh has enacted considerable criminal law reforms since its independence. The Collaborators’ (Special Tribunals) Order of 1972 was enacted to prosecute those who collaborated during the Liberation War, and the International Crimes Tribunal Act of 1973 targeted war crimes. The Second and Fourth Amendments to the Constitution in 1973 and 1975, respectively, enlarged emergency powers and preventive detention. The Special Powers Act 1974 and the Children Act 1974 were enacted for national security and juvenile justice.

Under the martial law regimes of Ziaur Rahman and Ershad, further reforms included the Dowry Prohibition Act 1980, and amendments to the Penal Code introducing summary trials and provisions such as trials in absentia.[9] Democratic transitions in the 1990s facilitated new laws, like the Suppression of Cruelty to Women and Children Tribunal Act 1995[10], Public Safety Act 2000, and legislation aimed at combating acid violence[11].

In 2007, the Ordinance and Rules on Emergency Power issued by the caretaker government curtailed civil rights.[12] Additional reforms under the administration of Sheikh Hasina included amendments to the International Crimes Tribunal Act in 2008, and other laws related to human trafficking and domestic violence.[13] Bangladesh became a signatory to the Convention against Torture in 1998; after much delay, it finally led to the passing of the Torture and Custodial Death (Prevention) Act 2013, thereby criminalizing torture committed by law enforcers and deaths in custody.[14]

Modern Trends and Key Changes

Reform of Colonial-Era Laws

Bangladesh is actively working on reforming the colonial-era laws, but these outdated laws remain. Major reforms have been brought to criminal laws based on modern trends such as judicial autonomy, the incorporation of human rights, specialized laws, gender equality, modernization, etc.

Amendments & New Enactments

Major reforms have been brought in the Code of Criminal Procedure, 1898 & the Penal Code, 1860, and new Acts are enacted to modernize the outdated criminal laws. CrPC (Amendment) Ordinance, 2025 brought the following: police accountability, families must be informed within 12 hours of an arrest, medical safeguards for detainees, digital modernization: online bail bonds and summons, remand limits 15 days per case, false case penalties tk 1 lakh, new section 173a added.[15]

Human Rights and Judicial Independence:

Following the case of Secretary, Ministry of Finance v. Masdar Hossain and others, the Appellate Division ruled that the judiciary has always been separated from the executive branch, as provided in Article 22 of our constitution in 1999[16]. The interim government of 2007 amended the CrPC section 6 and separated executive magistrates from Judicial magistrates.[17] The Penal Code, 1860 section 302 was amended to give judicial discretion to impose imprisonment[18] in case of murder. Section 339C of CrPC was amended to ensure speedy trial[19], section 29C was introduced to protect juveniles[20], further ensuring criminal laws protect Human rights. To maintain UDHR & ICCPR section 370 of penal code punishment against human trafficking and slavery, BLAST vs. Bangladesh (2015), where the court-mandated adherence to strict protocols in dealing with custodial torture, citing amendments to Sections 167[21], along with the Torture and Custodial Death (Prevention) Act, 2013.

Gender-based crimes[22]

Introduction of section 326A[23] of the penal code to protect against acid violence, the Dowry Prohibition Act, 2018 & the Nari O Shishu Nirjatan Daman Ain, 2000, Women and Children Repression Prevention Act, 2000, along with sections 323, 354, 509 of penal code to protect women against violence[24]. ‘Sections 366A & 366B[25] were incorporated in the Penal Code to effectuate certain articles of the International Covenant for the Suppression of Trafficking in Women and Children and to punish people involved in the export and import of girls for prostitution.[26]

Modernization

Several enactments are made to address emerging problems based on information communication technology; these are-

• Information and Communication Technology (ICT) Act, 2006
• Digital Security Act, 2018
• Cyber Security Act, 2023

Along with other sections of the penal code, section 505A[27] was added to handle cybersecurity issues.

Contemporary Challenges

Outdated Laws of Colonial Era

The Penal Code and CrPC were enacted in the British colonial era to serve their interests, and most of them remain. ‘Penal Code is largely silent about the necessity of reformation and correctional methods, including probation, parole, and restorative justice.’[28] Some provisions in the penal code are inadequate punishments, do not handle social issues properly, and have many procedural inefficiencies.[29]

Recommended changes

The proposed changes to Bangladesh’s Penal Code aim to address outdated provisions and gaps in protection. Stricter punishments, such as for acid attacks under a new provision, and increasing penalties in Section 304B for reckless driving, reflect the severity of these crimes. Sections 366A and 366B need to expand trafficking definitions, while fines in Sections 140, 160, and others must be updated.[30] Section 309, which penalizes attempted suicide, should be omitted for a more compassionate approach. Sections 354 and 375 require updates to better address sexual violence and include marital rape.[31]

Other Challenges

Arbitrary Arrest and Detention

Even after the constitutional right of the prohibition against arbitrary arrest and detentions and the duration and procedure mentioned in sections 54 and 167 of CrPC the police of Bangladesh frequently violate this right.[32]

Absence of Plea Bargaining

The Criminal Code of Bangladesh does not have any procedure for plea bargaining, which would allow the accused to plead guilty for a lesser punishment.[33]

Absence of Victim Protection

The Judicial system of Bangladesh mostly focuses on the accused, and the victims only play as a witness, which negatively affects the CJS.[34] Even after the provision to give a fine to the victim in the CrPC, it is rarely applied and even depends on conditions like the financial ability, conviction of the accused, etc.[35] Lack of sensitivity of judges toward victims prevents them from exploring such rights of the victims.

Corruption

Corruption is a matter where there is nothing new to discuss in context of Bangladesh. The Separation of powers is not applied properly, and the judiciary is only independent on paper.[36] The promotion, appointment, and payment, everything is controlled by the executive of the judiciary, even though there is a separate ministry.[37]  Corrupted judges like AHM Shamsuddin Chowdhury Manik are the main problems and challenge to ensure proper criminal justice in Bangladesh.[38]

Conclusion

Bangladesh faces many challenges in making a strong criminal justice system. The amendments and new enactments are made, but still, problems like corruption and improper use of mechanisms prevent getting rid of outdated laws. We can all hope and try so that one day the criminal justice system of Bangladesh will be as good as the developed nations’ systems.

Reference(S):

[1] Tim Steel, ‘The Paradise of Nations’, (www.dhakatribute.com), <The paradise of nations (dhakatribune.com)> accessed on 22 July 2025.

[2] Deepal Miglani, ‘Codification of Law in India,’ (www.deepalmiglani.com), <Codification of Law in India – www.deepakmiglani.com> accessed on 22 July 2025.

[3] The Indian Law, ‘The Criminal Law Development in Ancient India,’ (www.theindianlaw.in), <Criminal Law Development In Ancient India – The Indian Law> accessed on 22 July 2025.

[4] ‘Criminal Law Development In Ancient India’ The Indian Law (23 January 2022) <https://theindianlaw.in/criminal-law-development-in-ancient-india/> accessed 22 July 2025.

[5] Shivali Srivastava, ‘Judicial system during the time of Mughal India,’ (www.blog.ipleaders.in) <Judicial system during the time of Mughals in India – iPleaders> accessed on 22 July 2025.

[6] Abhijeet Nandy, ‘Historicizing the Criminal Justice Administration in India: Tracing Its Evolution in British Colonial Era of 1757–1947’ (2023) 7(4) NUJS Journal of Regulatory Studies <https://www.nujs.edu/wp-content/uploads/2023/04/Vol-7-Issue-4-7.pdf> accessed 22 July 2025.

[7] Hussain M Fazlul Bari, ‘Evolution of the criminal justice system in Bangladesh: colonial legacies, trends and issues’ (2019) 45(1) Commonwealth Law Bulletin 25 <https://www.academia.edu/114160115/Evolution_of_the_criminal_justice_system_in_Bangladesh_colonial_legacies_trends_and_issues> accessed 23 July 2025.

[8] Peter Blood, ‘Ayub Khan,’ (www.countrystudies.us), <Pakistan – AYUB KHAN (countrystudies.us)>, accessed on 23 July 2025.

[9] Rounaq Jahan, ‘The State in Bangladesh under Zia (1975–81)’ (1987) 19(2) Asian Survey 151 <https://www.jstor.org/stable/2644413> accessed 23 July 2025.

[10] The Prevention of Oppression against Women and Children Act 2000 (Bangladesh) <https://www.refworld.org/legal/legislation/natlegbod/2000/bn/148272> accessed 23 July 2025.

[11] Kamal Ahmed, ‘Analysis: The Public Safety Act’ BBC News (15 February 2000) <http://news.bbc.co.uk/2/hi/south_asia/643588.stm> accessed 23 July 2025.

[12] Asian Legal Resource Centre, ‘The State of Emergency in Bangladesh’ (Written statement to Human Rights Council, 4th session, ALRC-SHRC-04-02-2007, 2007) <https://alrc.asia/wp-content/uploads/2015/08/ALRC-SHRC-04-02-2007-Bangladesh-SoE.pdf> accessed 23 July 2025.

[13] Hussain MF Bari, ‘Evolution of the criminal justice system in Bangladesh: colonial legacies, trends and issues,’ (www.academia.edu) <Evolution of the criminal justice system in Bangladesh: colonial legacies, trends and issues | Hussain M F Bari – Academia.edu> accessed on 24 July 2025.

[14] Ibid.

[15] TBS Report, ‘Explainer: Law adviser details Criminal Procedure (Amendment) Act 2025’ The Business Standard (Dhaka, 24 July 2025) <https://www.tbsnews.net/bangladesh/politics/explainer-law-adviser-details-criminal-procedure-amendment-act-2025-1196211> accessed 24 July 2025.

[16] Masdar Hossain v Bangladesh [1999] 52 DLR (AD) 82 (Supreme Court of Bangladesh).

[17] Md Milan Hossain, ‘Separation of Judiciary in Bangladesh-Constitutional Mandates and Masdar Hossain Case’s Directions: A Post Separation Evaluation’ (2020) 11(2) International Journal for Court Administration 4.

[18] Penal Code (Amendment) Ordinance, 1985 (1985) Ordinance No. XLI Section 19.

[19] Penal Code (Amendment) Ordinance, 1985 (1985) Ordinance No. XLI Section 19.

[20] Code of Criminal Procedure (Amendment) Act, 1923 (Bangladesh) Act No. XVIII of 1923, s 6.

[21] Bangladesh v BLAST and others (Civil Appeal No 53 of 2004, Appellate Division, 24 May 2016) 69 DLR (AD) 63 <https://www.blast.org.bd/content/judgement/pil-judgement-54-matter.pdf> accessed 24 July 2025.

[22] UN Women, ‘Take Five Bangladesh: “Laws protecting women’s rights have been enacted, but enforcement remains inconsistent”’ (UN Women Asia-Pacific, 26 September 2024) <https://asiapacific.unwomen.org/en/stories/take-five/2024/10/take-five-bangladesh-laws-protecting-womens-rights-have-been-enacted> accessed 25 July 2025.

[23] Penal Code (Second Amendment) Ordinance, 1984 (Bangladesh) Ordinance No. LXIX of 1984, s 2.

[24] Taslima Yasmin, ‘Laws against Sexual Harassment: Analyzing the Legal Framework of Bangladesh’ (2021) 32(2) Dhaka University Law Journal 103-118.

[25] Bangladesh Laws (Revision And Declaration) Act, 1973 (Bangladesh) Act No. VIII of 1973, s 3 and 2nd Sch.

[26] Shilajit Kumar Roy, ‘The Need to Revamp the Penal Code: An Appraisal’ (Bangladesh Legal Research Platform, 11 December 2022) <https://bdlrp.com/the-need-to-revamp-the-penal-code-an-appraisal/> accessed 25 July 2025.

[27] Penal Code (Amendment) Act, 1991 (Act No. XV of 1991), s 8.

[28]Abdullah Al Faruque, ‘Goals and Purposes of Criminal Justice’ Special Issue (2007) Bangladesh Journal of Law.

[29] Hussain Bari, ‘Bangladesh at Fifty: The Quest for Penal Reform’ (Socio-Legal Studies Association Blog, 7 June 2021) <https://www.slsa.ac.uk/post/bangladesh-at-fifty-the-quest-for-penal-reform> accessed 26 July 2025.

[30] Shilajit Kumar Roy, ‘Reforming the Penal Code of Bangladesh’ (www.bdlro.com), <The Need to Revamp the Penal Code: An Appraisal – Bangladesh Legal Research Platform (bdlrp.com)> accessed on 26 July 2025.

[31] Ibid.

[32] Bangladesh Legal Aid and Services Trust and others vs Bangladesh and others [2003] 55DLR (HCD) 363 (Bangladesh).

[33] Parvez Rahman, ‘Plea bargaining within (a reformed) criminal justice system’ The Daily Star (Dhaka, 21 May 2025) <https://www.thedailystar.net/law-our-rights/news/plea-bargaining-within-reformed-criminal-justice-system-3899546> accessed 26 July 2025.

[34] Khandaker Farzana Rahman, ‘Ensuring Victims’ Participation in the Criminal Justice of Bangladesh’ (2022) 11 International Journal of Criminology and Sociology 82 <https://www.academia.edu/90806031/Ensuring_Victims_Participation_in_the_Criminal_Justice_of_Bangladesh> accessed 26 July 2025.

[35] Md Abdul Karim and Md Emran Parvez Khan, ‘Right to compensation of victim crime, victimization & victimology in Bangladesh perspective’ (2017) 22(7) IOSR Journal of Humanities and Social Science 81 <https://www.iosrjournals.org/iosr-jhss/papers/Vol.%2022%20Issue7/Version-9/J2207098188.pdf> accessed 27 July 2025.

[36] A Independence Judiciary and Separation of Powers’ (LawTeacher.net, 2 February 2018) <https://www.lawteacher.net/free-law-essays/administrative-law/a-independence-judiciary-and-separation-of-powers-administrative-law-essay.php> accessed 27 July 2025.

[37] Ibid.

[38] Plea to remove Justice Manik’ The Daily Star (Dhaka, 26 September 2012) <https://www.thedailystar.net/news-detail-251310> accessed 27 July 2025.