The Code of Criminal Procedure, 1898 (ফৌজদারী কার্যবিধি)

Act No: V | Year: 1898

Overview

The primary law on the procedure for administering substantive criminal law in Bangladesh.

Full Law (Sections & Articles)

Part II: Constitution and Powers of Criminal Courts

Section 6
Classes of Criminal Courts
Besides the Supreme Court and the Courts constituted under any law other than this Code for the time being in force, there shall be two classes of Criminal Courts in Bangladesh, namely:— (a) Courts of Sessions; and (b) Courts of Magistrates.

Part V: Information to the Police and Their Powers

Section 154
Information in cognizable cases (FIR)
Every information relating to the commission of a cognizable offence if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the Government may prescribe in this behalf.
Section 161
Examination of witnesses by police
(1) Any police-officer making an investigation under this Chapter or any police-officer not below such rank as the Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
Section 164
Power to record statements and confessions
Any Metropolitan Magistrate, any Magistrate of the first class and any Magistrate of the second class specially empowered in this behalf by the Government may, if he is not a police-officer record any statement or confession made to him in the course of an investigation under this Chapter or under any other law for the time being in force or at any time afterwards before the commencement of the inquiry or trial.

Part XXXIX: Of Bail

Section 497
When bail may be taken in case of non-bailable offence
When any person accused of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, he may be released on bail, but he shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or transportation for life.
Section 498
Power to direct admission to bail or reduction of bail
The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case, and shall not be excessive; and the High Court Division or Court of Session may, in any case, whether there be an appeal on conviction or not, direct that any person be admitted to bail, or that the bail required by a police-officer or Magistrate be reduced.

Q&A Short Questions & Answers

Q: What is a Cognizable Offence?

Answer: A cognizable offence is an offence for which a police officer may, in accordance with the second schedule or under any other law for the time being in force, arrest without warrant.

Q: Who can grant bail in non-bailable offences?

Answer: Under Section 497 of CrPC, the Court or the officer in charge of a police station may grant bail in non-bailable offences under certain conditions.

Q: আমলযোগ্য অপরাধ (Cognizable Offence) কি?

Answer: যে অপরাধে পুলিশ ওয়ারেন্ট ছাড়াই গ্রেফতার করতে পারে, তাকে আমলযোগ্য অপরাধ বলে (ধারা ৪(১)(চ))।

Q: মৃত্যুদণ্ড অনুমোদনের ক্ষমতা কার?

Answer: দায়রা আদালত কর্তৃক প্রদত্ত মৃত্যুদণ্ড কার্যকর করার জন্য হাইকোর্ট বিভাগের অনুমোদন প্রয়োজন (ধারা ৩৭৪)।

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