Final - Chapter One Introduction 1.1 Statement of the...

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Chapter One Introduction 1.1. Statement of the problem After nine months bloody struggle, Bangladesh achieved its independence on 16th December, 1971. Its Justice System has been through a long historical journey of different paths and destinies. While its journey it had to adopt changes with the time, to adjust with the mind of the rulers and citizens. Today, when we look behind, we can see the influence of past in our Legal System and Criminal justice system. The Hindu and Muslim rulers have planted the seed of the tree, and the British rulers grew it up. But most of the credit would be taken by the rule of British for two hundred years. Now the tree holds the structure of today’s Justice System. Among the three major parts of a state, the Judiciary plays a vital rule to keep peace and harmony. The Judiciary settles matters which rise among people, both criminal and civil in nature. Between these two natures, the criminal adjudication is the more perceptive, since it involves individuals and their rights. Therefore, to keep that peace alive the state has to take some measures by establishing a criminal justice system. Being a sovereign country, Bangladesh has its own criminal justice system. It has its own mechanism to administer the adjudication of a criminal. Before that it had to come through a long path of change of time and context in history. That’s why its criminal justice system is of distinctive nature. While the criminal justice system was growing up it overcame the shortcomings it had, time to time. Now, the context is that the criminal justice system has various aspects, which are subject to be reformed. Not that its basis has become old, but its nature has become less appropriate as well. Therefore, to cope with today the present criminal justice System need to adopt some modification and new mechanism. 1
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1.2 . Research question 1. What is criminal law and criminal justice system? 2. How criminal justice system is developed in Bangladesh? 3. What are the rules and provisions as to arrest, as to bail, as to remand? What are the abusive practice of it? 4. What are the deficiencies in the criminal justice system in Bangladesh? 5. What agenda are to be reformed in criminal justice system in Bangladesh? 1.3. Literature review Justice Md. Hamada Hague, ‘Some Loopholes and Deficiencies in existing Laws relating to trial of Criminal Cases’, 25 (2005) BLD. He states that, “The situation is not getting better by imposing harsh punishments. The grievance of the victim does not cure with that, nor does the mind of relative of the convict understand. His confidence will be eroded, he will be totally frustrated and one will not wonder if he, on desperation, takes law in his own hand”. Mahendra P. Sing, ‘Capital Punishment: Perspective and the Indian Context’, R. S. Agarwal and Sarvesh Kumar (ed.), Crimes and Punishment in New Perspective, Mittal Publication, Delhi, (1986). He says, “In the age of human rights the policy of punishment with death penalty does
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