Tuesday, 2 January 2024

History of the criminal Justice Development In Bangladesh

 


The criminal justice development of Bangladesh has a known history of over thousands of year. Legal history of Bangladesh Can be divided under four important periods

Hindu period > Muslim period > British period > After independence period

Hindu period: During ancient times. The justice system was Connected with religion and with social norms. The king (Raja) was the religion supreme head of the legislative, excretive and judiciary, branches. The Various sources of law relied upon by the king at that time were shrutis, smritis, puranas, dharmashastras, etc. The Arthashastra and Manusmriti were considered authoritative legal guidance. Hindu period extended for nearly 1500 years.

Muslim period. In 1100 A.D. The Muslim emperor  followed the laws of the Holy Quran, Sunnah, Ijma and Qias. During Muslim period the civil administration of Sultanate  and head of highest court was Sultan. The Sultan was assisted by two reputed Muftis. During Muslim period the Court was regulated by two Muslim Codes, namely- Fiqh-e-Firoz Shah and Fatwa-i-Alamgiri.

Brutish period: 1661- Charles II empowered the East India Company to administer the people who lived in the Company’s factories or trading centers at the three presidency towns namely- Madras, Bombay and Calcutta, both civil and criminal justice according to English law

1668' East India company to make laws for good governance of Bomby

1687- Establish a municipality and a Mayo's Court al Madras to try the civil and criminal Cases in their territories

1726- King Gonge-I to tray all civil action

1774- Establishing the supreme court of Judicature at pursuance of Regulating Act 1773

1858 Est India company was abolished and the assumption of direct responsibility of the Government of India.

1861- The act of 1861 empowered the Crown to establish by Letters Patent High Courts of Judicature al Calcutta, Madras and Bombay abolishing the Supreme Courts and the Courts of Sadar Diwani Adalat and Sadar Nizamat Adalat

1947- Providing for establishing a separate High Court for East Pakistan as the High Court of Judicature of East Bengal at Dhaka.

1956. The supreme Court of Pakistan was established in place of federal count as Apex Court of the Country.

1971-After independence of Bangladesh- In 1971 the Acting President promulgated the Laws Continuance Enforcement Order, 1971 by which all laws that were in force in Bangladesh on 25th March, 1971 continued to be so in force.  At present we have about 740 Acts, 507 Ordinances and some Regulations in Bangladesh.

Collecting by

MD. RABIULLA

mdrabiullasomun@gmail.com


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