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
A.—Place of Inquiry or Trial
188 Provided that notwithstanding anything in any of the preceding sections of this Chapter no charge as to any such offence shall be inquired into in Bangladesh except with the sanction of the Government:
Provided, also, that any proceedings taken against any person under this section which would be a bar to subsequent proceedings against such person for the same offence if such offence had been committed in Bangladesh shall be a bar to further proceedings against him under the Extradition Act, 1974, in respect of the same offence in any territory beyond the limits of Bangladesh.
An Act to consolidate and amend the law relating to the Criminal Procedure.
PART VI - PROCEEDINGS IN PROSECUTIONS
CHAPTER XXX - OF PREVIOUS ACQUITTALS OR CONVICTIONS
403.(1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under section 236, or for which he might have been convicted under section 237.
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.
1. Except as provided in this Statute, no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court.
2. No person shall be tried by another court for a crime referred to in article 5 for which that person has already been convicted or acquitted by the Court.
3. No person who has been tried by another court for conduct also proscribed under article 6, 7, 8 or 8 bis shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:
(a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or
(b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.