Code of Criminal Procedure of Bangladesh, or Code of Criminal Procedure, 1898, commonly known as CRPC, is a fundamental procedural law in Bangladesh that forms the foundation of the country's criminal justice system. This law details all the steps that follow after a crime is committed, such as how an accused person is identified, arrested, investigated, and finally brought to trial and punishment. The Code lays out each of these processes in detail.
It does not just cover how the courts are formed and their powers. It also includes the issuance of summons and warrants, actions against fugitives, search and seizure of property, control of unlawful assemblies, police investigations, filing of complaints, conduct of trials, delivery of verdicts, appeals, reviews, and even protection of civil rights like habeas corpus.
This law was enacted in 1898 during British colonial rule, and it was used throughout the Indian subcontinent. After the independence of Bangladesh, the law was retained with modifications to suit the country's needs and context. Over time, various amendments have been made to keep it humane, inclusive, and in line with a modern justice system. Special focus has been given to the protection of women and children, prevention of torture in police custody, and ensuring the rights of victims in legal proceedings. Several sections have been updated for these purposes.
According to the Code of Criminal Procedure, the law explains in detail when, where, and how a person can file a complaint, how police will investigate, and how the court will accept or dismiss a case. It also covers what types of verdicts a judge can give in different situations. The law clearly states which offences will be tried in a magistrate's court and which will be heard in a sessions court. It also protects the rights of the accused during trial, describes the formation of commissions for witness statements, trials in absence of the accused, and the confiscation of property belonging to fugitives. All these areas of authority are clearly defined in the Code.
Without a proper understanding of the Code’s rules, a lawyer cannot properly file or conduct a case, and a judge cannot complete a trial appropriately. Even ordinary citizens need to know where and how to file a complaint or start a case for any criminal offence. The Code of Criminal Procedure, 1898, is not just a legal framework. It is also considered the basis for justice and fair trials in Bangladesh.
First Part Chapter 1 The first part of the Code of Criminal Procedure mainly sets out the general outline and definitions of the law. It clearly states the title of the law, its commencement date, and where it applies. This law came into effect on July 1, 1898, and is applicable throughout all regions of Bangladesh. The first chapter also includes some important definitions such as bailable and non-bailable offences, arrest, investigation, complaint, police officer, magistrate, and others, which help in understanding the structure of the criminal justice process.
Second Part This part contains provisions regarding the establishment of different classes of criminal courts and their powers. It plays an important role in shaping the structure of the justice system.
Chapter 2: Types of Criminal Courts and their Powers There are two main classes of criminal courts in Bangladesh: the Sessions Court and the Magistrate Court. Sessions Courts deal with serious crimes such as murder, robbery, and rape. The head of this court is the Sessions Judge. Each district has a Sessions Division where the Sessions Court functions. By government notification in the Gazette, several districts can be combined into one Sessions Division.
Magistrate Courts are divided into two types: Judicial Magistrates and Executive Magistrates. Judicial Magistrates conduct criminal trials and are further divided into four categories: Chief Metropolitan Magistrate, First Class, Second Class, and Third Class. Executive Magistrates handle administrative duties such as maintaining law and order and issuing emergency orders.
Chapter 3: Judicial Powers and Authority of Judges The power to award punishments depends on the class of the judge's court. The High Court Division can give any punishment prescribed by law. A Sessions Judge can award any sentence, including the death penalty and life imprisonment, but an Additional Sessions Judge can give up to 10 years of imprisonment. A First Class Magistrate can sentence up to 5 years, a Second Class up to 3 years, and a Third Class Magistrate up to 2 years.
Third Part Chapter 4: Jurisdiction for Different Types of Cases This chapter covers the jurisdiction of courts, the duties of the police and the public, and guidelines for public assistance. If a police officer or magistrate asks for help, people must assist in making arrests or maintaining law and order. This chapter also gives directions on which court will hear a case depending on the location of the crime.
Chapter 5: Time Limits and Limits on the Judicial Powers of Courts This chapter lays down rules for court proceedings, arrest, and re-arrest. For example, under section 46, police may touch or restrain a person during arrest if the accused does not surrender. However, unnecessary force cannot be used, especially in cases where the offence is not punishable by death. The use of force should never result in death except in cases of capital offences.
Sections 47–48 state that if a suspect hides inside a house, the police may enter with permission and, if necessary, break open doors or windows. But if a woman is present, she must be given the chance to leave first. Section 50 allows the police to impose only as much restraint as necessary to prevent escape. Under Section 54, for special offences, police can arrest without a warrant.
Chapter 6: Arrest and Re-Arrest This chapter explains the procedures for ensuring the presence of the accused in court, such as summons, arrest warrants, and seizure of property. If a summons cannot be served, it is posted on the accused’s residence, or an arrest warrant may be issued. If the accused remains absconding, an order for confiscation of property may also be given.
Chapter 7: Compelling the Production of Documents and Other Movable Property This chapter outlines the rules for issuing summons or search warrants to collect necessary documents or objects. For seizing bank documents, permission from a higher court is needed. If a judge thinks someone is detained unlawfully, a search warrant may be issued.
Fourth Part Chapter 8: Security for Keeping the Peace and Good Behaviour This chapter allows a person to be released on bail with a condition to maintain peace and good behaviour. If there is a concern that someone may disturb public order in the future, the court may impose certain conditions to ensure security.
Chapter 9: Unlawful Assemblies If an assembly of five or more persons poses a threat to public order, the police or an Executive Magistrate may order it to be dispersed. Military assistance may also be sought if necessary.
Chapter 10: Public Nuisance If a report is submitted to an Executive Magistrate, he or she may issue orders in the public interest. If these orders are not followed, they may become permanent. In emergencies, immediate prohibitions can also be imposed.
Chapter 11: Urgent Orders A District Magistrate or Executive Magistrate may issue a written order to any person to stop a certain activity in the public interest. This order can be issued ex parte and remains valid for up to two months, but the government may extend it if needed.
Chapter 12: Disputes Regarding Movable Property If there is a risk of breach of peace due to a dispute over movable property, the Magistrate follows the procedure under Sections 145 and 146. Such disputes can be about land, water bodies, boundaries, or any property. The Magistrate first collects evidence about the dispute and listens to both parties to determine who is actually in possession of the property. If any party has been forcibly dispossessed within the last two months, possession may be restored to that party. According to Section 145, the Magistrate decides based on the evidence who was in possession. The person who is found in possession is allowed to retain it unless lawfully evicted, and the other party is ordered to stay away. If the Magistrate cannot determine which party was in possession, then under Section 146, the property is attached and kept until the court decides. A receiver may be appointed to manage the attached property if there is no court order. Additionally, under Section 147, if there is a dispute about the right of use, such as a right to land or water, the same procedure applies. If the Magistrate finds evidence supporting the right, he may order that no obstruction be placed in the exercise of that right.
Chapter 13: Preventive Measures by Police The main responsibility of the police is to prevent crime. According to Section 149, the police can stop any punishable offence and must do their best to prevent it. Section 150 says that if the police learn about a plan to commit a crime, they must inform their superior officer. For the purpose of crime prevention, Section 151 allows the police to arrest a person planning a crime without a warrant. Under Section 152, the police have the authority to prevent damage to any public property. Additionally, they have the power to check the accuracy of weights and measures and to seize them if necessary (Section 153).
Part Five Chapter 14 The role of the police is especially important in crime prevention. When any police officer becomes aware that a crime is about to be committed, he must do everything possible to prevent it. If the police know that a person is planning a crime, they can arrest the suspect even without the permission of a magistrate. In the case of investigating a crime, the police collect information about the offence, begin an investigation based on the complaint, and can question witnesses. All information gathered during the investigation is recorded and sent to the magistrate to take action against the suspects. During the investigation, the police may search the scene of the crime or any relevant evidence. If there is a suspicion that evidence is present in any government or private place, the police can search those premises. After collecting the evidence, it is submitted to the court. Once the investigation based on a complaint is complete, the police prepare a report, which is sent to the magistrate. This report includes details about the accused, witnesses, evidence, and the incident. Based on this, the magistrate can take action against the accused. In addition, if the police see someone about to commit a crime, they can detain that person in police custody to prevent the crime.
Part Six Chapter 15: Jurisdiction of Criminal Courts in Investigation and Trial In criminal cases, the investigation and trial can take place in different locations, depending on the type of crime and where the incident happened. Usually, the court of the area where the crime took place handles the investigation and trial. However, in some cases, the government can transfer cases under several courts to another area. If a crime occurs in multiple places or its consequences occur in various locations, the case can be investigated and tried in any relevant court. If the offence is connected to a continuous act occurring in different regions, it can be tried in any related court. If a crime happens during travel, it can be investigated and tried in any court along the route. When more than one court is involved, the higher court will decide which court will handle the case.
Chapter 16: Complaints before a Magistrate