An Act to consolidate and amend the law relating to the Criminal Procedure.

PART I - PRELIMINARY

CHAPTER V - OF ARREST, ESCAPE AND RETAKING

A.—Arrest generally

50. The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART I - PRELIMINARY

CHAPTER V - OF ARREST, ESCAPE AND RETAKING

A.—Arrest generally

60. A police-officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police-station.

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART I - PRELIMINARY

CHAPTER V - OF ARREST, ESCAPE AND RETAKING

A.—Arrest generally

61. No police-officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART I - PRELIMINARY

CHAPTER VI OF PROCESSES TO COMPEL APPEARANCE

B.—Warrant of Arrest

81. The police-officer or other person executing a warrant of arrest shall (subject to the provisions of section 76 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person.

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART V - INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

CHAPTER XIV

164 (3) A Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that if he does so it may be used as evidence against him and no Magistrate shall record any such confession unless, upon questioning the person making it, he has reason to believe that it was made voluntarily; and, when he records any confession, he shall make a memorandum at the foot of such record to the following effect:-

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART VI - PROCEEDINGS IN PROSECUTIONS

CHAPTER XV - OF THE JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

B.—Conditions requisite for Initiation of Proceedings

229. If the new or altered or added charge is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART VI - PROCEEDINGS IN PROSECUTIONS

CHAPTER XV - OF THE JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

B.—Conditions requisite for Initiation of Proceedings

231. Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed to re-call or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined and also to call any further witness whom the Court may think to be material.

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART VI - PROCEEDINGS IN PROSECUTIONS

CHAPTER XX - OF THE TRIAL OF CASES BY MAGISTRATES

247. If the summons has been issued on complaint, and upon the day appointed for the appearance of the accused, or any day subsequent thereto which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything herein before contained, acquit the accused, unless for some reason he thinks proper to adjoin the hearing of the case to some other day:

Provided that, where the complainant is a public servant and his personal attendance is not required, the Magistrate may dispense with his attendance, and proceed with the case .

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART VI - PROCEEDINGS IN PROSECUTIONS

CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

339B 1) Where after the compliance with the requirements of section 87 and section 88, the Court has reason to believe that an accused person has absconded or concealing himself so that he cannot be arrested and produced for trial and there is no immediate prospect of arresting him, the Court taking cognizance of the offence complained of shall, by order published in at least two national daily Bengali Newspapers having wide circulation, direct such person to appear before it within such period as may be specified in the order, and if such person fails to comply with such direction, he shall be tried in his absence.

(2) Where in a case after the production or appearance of an accused before the Court or his release on bail, the accused person absconds or fails to appear, the procedure as laid down in sub-section (1) shall not apply and the Court competent to try such person for the offence complained of shall, recording its decision so to do, try such person in his absence.

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART VI - PROCEEDINGS IN PROSECUTIONS

CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

340.(1) Any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under this Code in any such Court, may of right be defended by a pleader.

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART VI - PROCEEDINGS IN PROSECUTIONS

CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

340 (2) Any person against whom proceedings are instituted in any such Court under section 107, or under Chapter X, Chapter XI, Chapter XII or Chapter XXXVI, or under section 552, may offer himself as a witness in such proceedings.

340 (3) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial:

Provided that

(a) he shall not be called as a witness except on his own request in writing;

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART VI - PROCEEDINGS IN PROSECUTIONS

CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

340 (3) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial:

Provided that-

(b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any persons charged together with him at the same trial.

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART VI - PROCEEDINGS IN PROSECUTIONS

CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

340 3) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial:

Provided that-

(a) he shall not be called as a witness except on his own request in writing; or

(b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any persons charged together with him at the same trial.

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART VI - PROCEEDINGS IN PROSECUTIONS

CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

342.(1) For the purpose of enabling the accused to explain any circumstances appearing in the evidence against him, the Court may, at any stage of any inquiry or trial without previously warning the accused, put such questions to him as the Court considers necessary, and shall, for the purpose aforesaid, question him generally on the case after the witnesses for the prosecution have been examined and before he is called on for his defence.

(2) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them; but the Court 341[ * * *] may draw such inference from such refusal or answers as it thinks just.

(3) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.

(4) No oath shall be administered to the accused.

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART VI - PROCEEDINGS IN PROSECUTIONS

CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

343. Except as provided in sections 337 and 338, no influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or withhold any matter within his knowledge.

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART VI - PROCEEDINGS IN PROSECUTIONS

CHAPTER XXV - OF THE MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS

353. Except as otherwise expressly provided, all evidence taken under Chapters 368 XX, 369 XXII and XXIII shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in presence of his pleader.

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART VI - PROCEEDINGS IN PROSECUTIONS

CHAPTER XXV - OF THE MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS

356 (2) When the evidence of such witness is given in English, the Magistrate or Sessions Judge may take it down in that language with his own hand, and, unless the accused is familiar with English, or the language of the Court is English, an authenticated translation of such evidence in the language of the Court shall form part of the record.

(2A) When the evidence of such witness is given in any other language, not being English, than the language of the Court, the Magistrate or Sessions Judge may take it down in that language with his own hand, or cause it to be taken down in that language in his presence and hearing and under his personal direction and superintendence, and an authenticated translation of such evidence in the language of the Court or in English shall form part of the record.

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART VI - PROCEEDINGS IN PROSECUTIONS

CHAPTER XXV - OF THE MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS

360.(1) As the evidence of each witness taken under section 356 or section 357 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected.

(2) If the witness denies the correctness of any part of the evidence when the same is read over to him, the Magistrate or Sessions Judge may, instead of correcting the evidence, make a memorandum thereon of the objection make to it by the witness, and shall add such remarks as he thinks necessary.

(3) If the evidence is taken down in a language different from that in which it has been given and the witness does not understand the language in which it is taken down, the evidence so taken down shall be interpreted to him in the language in which it was given, or in a language which he understands.

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART VI - PROCEEDINGS IN PROSECUTIONS

CHAPTER XXVI - OF THE JUDGMENT

366 (1) (b) in the language of the Court, or in some other language which the accused or his pleader understands:

Provided that the whole judgment shall be read out by the presiding Judge, if he is requested so to do either by the prosecution or the defence.

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART VI - PROCEEDINGS IN PROSECUTIONS

CHAPTER XXVI - OF THE JUDGMENT

366 (2) The accused shall, if in custody, be brought up, or, if not in custody, be required by the Court to attend, to hear judgment delivered, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted, in either of which cases it may be delivered in the presence of his pleader.

(3) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence of any party or his pleader on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving, on the parties of their pleaders, or any of them, the notice of such day and place.

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART VI - PROCEEDINGS IN PROSECUTIONS

CHAPTER XL - OF COMMISSIONS FOR THE EXAMINATION OF WITNESSES

505.(1) The parties to any proceeding under this Code in which a commission is issued, may respectively forward any interrogatories in writing which the Magistrate or Court directing the commission may think relevant to the issue and when the commission is directed to a Magistrate or officer mentioned in section 503, such Magistrate or the Officer to whom the duty of executing such commission has been delegated shall examine the witness upon such interrogatories.

(2) Any such party may appear before such Magistrate or officer by pleader, or if not in custody, in person, and may examine, cross-examine and re-examine (as the case may be) the said witness.

PART II: FUNDAMENTAL PRINCIPLES OF STATE POLICY
31. Right to protection of law
To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable 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 except in accordance with law .

PART II: FUNDAMENTAL PRINCIPLES OF STATE POLICY
32. Protection of right to life and personal liberty
No person shall be deprived of life or personal liberty save in accordance with law .

PART II: FUNDAMENTAL PRINCIPLES OF STATE POLICY
33. Safeguards as to arrest and detention
No person who is arrested shall be detained in custody without being informed, as soon as may be of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice .Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

Nothing in clauses (1) and (2) shall apply to any person-
who for the time being is an enemy alien; or
who is arrested or detained under any law providing for preventive detention.

No law providing for preventive detention shall authorise the detention of a person for a period exceeding six months unless an Advisory Board consisting of three persons, of whom two shall be persons who are, or have been, or are qualified to be appointed as, Judges of the Supreme Court and the other shall be a person who is a senior officer in the service of the Republic, has, after affording him an opportunity of being heard in person, reported before the expiration of the said period of six months that there is, in its opinion, sufficient cause for such detention. When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order:

PART II: FUNDAMENTAL PRINCIPLES OF STATE POLICY
35. Protection in respect of trial and punishment
No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence , nor be subjected to a penalty greater than, or different from that which might have been inflicted under the law in force at the time of the commission of the offence No person shall be prosecuted and punished for the same offence more than once.

Every person accused of a criminal offence shall have the right to a speedy and public trial by an independent and impartial court or tribunal established by law

No person accused of any offence shall be compelled to be a witness against himself. No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment .Nothing in clause (3) or clause (5) shall affect the operation of any existing law which prescribes any punishment or procedure for trial.

PART IXA: EMERGENCY PROVISIONS
141C. Suspension of enforcement of fundamental right during emergencies
While a Proclamation of Emergency is in operation, the President may89, on the written advice of the Prime Minister, by order, declare that the right to move any court for the enforcement of such of the rights conferred by Part III of this Constitution as may be specified in the order, and all proceedings pending in any court for the enforcement of the right so specified, shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.

An order made under this article may extend to the whole of Bangladesh or any part thereof.

Every order made under this article shall, as soon as may be, be laid before Parliament.

An Act to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity, war crimes and other crimes under international law.

8 Investigation

(5) Such person shall be bound to answer all questions put to him by an Investigation Officer and shall not be excused from answering any question on the ground that the answer to such question will criminate, or may tend directly or indirectly to criminate, such person:

Provided that no such answer, which a person shall be compelled to give, shall subject him to any arrest or prosecution, or be proved against him in any criminal proceeding.

An Act to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity, war crimes and other crimes under international law.

9 (4) The submission of a list of witnesses and documents under sub-section (3) shall not preclude the prosecution from calling, with the permission of the Tribunal, additional witnesses or tendering any further evidence at any stage of the trial:

Provided that notice shall be given to the defence of the additional witnesses intended to be called or additional evidence sought to be tendered by the prosecution.

(5) A list of witnesses for the defence, if any, along with the documents or copies thereof, which the defence intends to rely upon, shall be furnished to the Tribunal and the prosecution at the time of the commencement of the trial.

An Act to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity, war crimes and other crimes under international law.

10. (1) The following procedure shall be followed at a trial before a Tribunal, namely:-

(a) the charge shall be read out;

(b) the Tribunal shall ask each accused person whether he pleads guilty or not-guilty;

(c) if the accused person pleads guilty, the Tribunal shall record the plea, and may, in its discretion, convict him thereon;

(d) the prosecution shall make an opening statement;

(e) the witnesses for the prosecution shall be examined, the defence may cross-examine such witnesses and the prosecution may re-examine them;

(f) the witnesses for the defence, if any, shall be examined, the prosecution may cross-examine such witnesses and the defence may re-examine them;

(g) the Tribunal may, in its discretion, permit the party which calls a witness to put any question to him which might be put in cross-examination by the adverse party;

(h) the Tribunal may, in order to discover or obtain proof of relevant facts, ask any witness any question it pleases, in any form and at any time about any fact; and may order production of any document or thing or summon any witness, and neither the prosecution nor the defence shall be entitled either to make any objection to any such question or order or, without the leave of the Tribunal, to cross-examine any witness upon any answer given in reply to any such question;

(i) the prosecution shall first sum up its case, and thereafter the defence shall sum up its case:

Provided that if any witness is examined by the defence, the prosecution shall have the right to sum up its case after the defence has done so;

(j) the Tribunal shall deliver its judgement and pronounce its verdict.

(2) All proceedings before the Tribunal shall be in 7 Bangla or English.

(3) Any accused person or witness who is unable to express himself in, or does not understand, English may be provided the assistance of an interpreter.

(4) The proceedings of the Tribunal shall be in public:

Provided that the Tribunal may, if it thinks fit, take proceedings in camera.

(5) No oath shall be administered to any accused person.

An Act to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity, war crimes and other crimes under international law.

11 (2) For the purpose of enabling any accused person to explain any circumstances appearing in the evidence against him, a Tribunal may, at any stage of the trial without previously warning the accused person, put such questions to him as the Tribunal considers necessary:

Provided that the accused person shall not render himself liable to punishment by refusing to answer such questions or by giving false answers to them; but the Tribunal may draw such inference from such refusal or answers as it thinks just;

An Act to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity, war crimes and other crimes under international law.

17. (1) During trial of an accused person he shall have the right to give any explanation relevant to the charge made against him.

(2) An accused person shall have the right to conduct his own defence before the Tribunal or to have the assistance of counsel.

(3) An accused person shall have the right to present evidence at the trial in support of his defence, and to cross-examine any witness called by the prosecution.

An Act to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity, war crimes and other crimes under international law.

18. A witness shall not be excused from answering any question put to him on the ground that the answer to such question will criminate or may tend directly or indirectly to criminate such witness, or that it will expose or tend directly or indirectly to expose such witness to a penalty or forfeiture of any kind:

Provided that no such answer which a witness shall be compelled to give shall subject him to any arrest or prosecution or be proved against him in any criminal proceeding, except a prosecution for giving false evidence.

Article 6 Tribunal

2A) The Tribunal shall be independent in the exercise of its judicial functions and shall ensure fair trial.

Article 10A. Trial in absentia

(1) Where a proceeding is commenced under sub-section (1) of
section 9, the tribunal, before fixing the date for the trial under sub-section (2) of the said section, has reason to believe that the accused person has absconded or concealed himself so that he cannot be produced for trial, may hold the trial in his absence following the procedure as laid down in the Rules of Procedure made under section 22 for such trial.

(2) Where the accused person is tried under sub-section (1), the Tribunal may direct that a Counsel shall be engaged at the expense of the Goverment to defend the accused person and may also determine the fees to be paid to such Counsel.]

Article 11. Powers of Tribunal

(3) A Tribunal shall:

(b) take measures to prevent any action which may cause unreasonable delay, and rule out irrelevant issues and statements.

12. Provision for Defence Counsel
Where an accused person is not represented by counsel, the Tribunal defence counsel may, at any stage of the case, direct that a counsel shall be engaged at the expense of the Government to defend the accused person and may also determine the fees to be paid to such counsel

Article 14 Statement or confession of accused persons

(2) The Magistrate shall, before recording any such confession, explain to the accused person making it that he is not bound to make a confession and that if he does so it may be used as evidence against him and no Magistrate shall record any such confession unless, upon questioning the accused making it, he has reason to believe that it was made voluntarily