Scribd
Upload
944 views

Historical Development of Courts in Bangladesh

1) The legal system in Bangladesh traces back over 500 years to Hindu, Mughal, and British administration periods. 2) Under Hindu rule, the king's court was the highest court and local village councils dealt with petty civil and criminal matters. Trial procedures included ordeals. 3) Under Muslim rule, the sultan or king was the supreme authority and courts existed at various administrative levels down to villages. Sharia law influenced punishments. 4) During British rule, courts were modernized and modeled after the British system, with mayors courts and appeals to the governor.

Uploaded by

Jahidul Islam Mahin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
944 views

Historical Development of Courts in Bangladesh

1) The legal system in Bangladesh traces back over 500 years to Hindu, Mughal, and British administration periods. 2) Under Hindu rule, the king's court was the highest court and local village councils dealt with petty civil and criminal matters. Trial procedures included ordeals. 3) Under Muslim rule, the sultan or king was the supreme authority and courts existed at various administrative levels down to villages. Sharia law influenced punishments. 4) During British rule, courts were modernized and modeled after the British system, with mayors courts and appeals to the governor.

Uploaded by

Jahidul Islam Mahin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 5

NAME: MD.

Jahidul Islam Mahin


ID: 19-41563-3

Historical Development of Courts in Bangladesh


Legal system in Bangladesh Owens its origin 200 years British rule in the Indian
sub-continent, British period tracing back to Hindu and Mughal administration,
they known history of five hundred years with Hindu and Muslim periods had a
distinctive legal system of its own, this development it would be convenient to
divide the history into five periods Hindu, Muslim, British, Pakistan and
Bangladesh period.

Hindu period: Ancient Judicial System


Before 1500 years and after beginning of the Cristian period, India was divided
into several independent states and the king was the supreme authority. The king
was considered the fountain of justice.
Kings court was the highest court, this court was the original jurisdiction for cases
of vital importance to the state. Kings was advised by Brahmins, the chef justice
and other judge. Chief justice court consisted the chief justice and a board of
judges to assist the chief justice. Territorial jurisdiction used to be formed from
judges who are members of the board of the chief justice court the local village
councils board of five members deal with petty civil and criminal matters.
The plaint, the reply, the trail and investigation consisted four stages of suit. Bench
of two or more judges would administer justice. A sudra was forbidden to be
appointed as a judge. Ordinarily evidence was based on any or all the three
sources. Trail by ordeal which was a kind of punishment.ordial by fire, ordeal by
water, ordeal by poison, ordeal by rice grains,ordial by lot is the punishment
system of Hindu period. Trail by jury is evidence that the community members
used to assist the administration. There are four methods punishment by gentle
admonition, by severe reproof, by fine and by corporal punishment. The murderer
was to pay 1000 cows for killing a kshariya,100 for a vaisyo and 10 for a sudra.

Muslim period: judicial system in medieval India


The sultanate of Delhi and the Mughal empire are two sub Muslim period in India.
Turkish Muslims in the sub-continent in 1100 A.D are started the Muslim period in
India.
The supreme authority of administration are sultan or the king. The courts existed
at the seat of the capital, in provinces,districs,parganahs and village. The kings
courts are diwan-e-mazalim,diwan-e-risalat,sadre jehans court, chief justice court
and diwan-e-siyasat.Diwan-e-mazalim and diwan-e-risalat were the highest courts.
The sultan nominally presided over these courts in the absence of sultan the chief
justice Quazi-ul Quazat presided over the courts. Mufti was selected by the chief
justice and appointed by the sultan,pandit was similar to the mufti.mohtashi8d was
prosecuted the violation of common law,dadbak was the register of the court. In
the provincial courts are adalat nazim subah,adalat Qazi-e-subah,diwan-e-
subah,sadre-e-subah.The district headquarter following courts are the district Qazis
court,faujder court, court of mir adils,court of kotwals. The courts of Qazi-e-
parganah and kotwals were constituted at each parganah headquarter. Village
courts are decided petty civil and criminal cases.

Legal system under the Mughal administration


In 1526-1857 are the Mughal period. The Mughal emperor created separate
department of justice.
The emperors court, the court of chief justice and chief revenue court are the
important courts were functioning at the capital city of Delhi, in each courts as
stated above four officials were attached daroga-e-adalat, mufti, muhtasib and mir
adil. The provincial courts are adalat-e-nazim-e-subah, Qazi-e-subahs court and
diwans court. The district Qazi,faujdar adalat kotwali court and amalguzari kachari
are the district courts. Qazi-e-parganahs court ,court of kotwal and Amin-e-
parganah was the parganahs court. In each village two types of courts were
working -court of village panchayat and the court of zaminder. The
Hadd,tazir,Qisas are punishments were executed by the courts under the Muslim
law.

British period: Modernization of ancient Indian law


British people came in India as a trading company, the last dimidiation of British
India from 1861 till the independence in 1947.
Civil judiciary a Mayors court was a crowns court,i.e. the courts of the king of
England, appeal was allowed to the governor in council from the decision of the
mayors court. The king of England was made the ultimate fountain of justice for
litigation in India. The justice of the peache,court of Quarter session and the
governor-in-council are the criminal judiciary.

Legal system after the unification in the province of Bengal


 Privy Council

 High court

*Court of district judge *court of session judge


*Additional district judge *court of presidency magistrates
*Court of subordinate judge *court of first class magistrates
*Court of munsif *court of second class magistrates
*court of third class magistrates.

Federal court
 Privy council
 Federal court
 High court
*court of district judge *court of session judge
*court of additional district judge *court of presidency magistrates
*court of subordinate judge *court of first class magistrates
*court of second class
magistrates
*court of third class magistrates
The federal court was composed of three judges one chef justice and two puisne
judges. The judges were appointed by his majesty.
The constitution of 1956 the highest court in Pakistan became the supreme court of
Pakistan.

General Hierarchy of Courts in Bangladesh

Supreme Court
 Appellate division.
 High court division.
Civil Court
1. Court of district judge.
2. Court of additional district judge.
3. Court of joint district judge.
4. Court of senior assistant judge.
5. Court of assistant judge.
Criminal court
1. Court of session judge
2. 7 court of additional session judge.
3. Court of joint session judge.
 Court of magistrate
*In metropolitan area. *Other metropolitan area
Supreme Court is the highest judicial body of our country.supream court have
two separate division High court division and applied division. The Chief Justice
of Bangladesh and other judges of the Supreme Court are appointed by the
President of Bangladesh.

You might also like