Death reference in Bangladesh: from the death sentence to confirmation, the Appellate Division and mercy, step by step
A death reference in Bangladesh is the mandatory submission of every death sentence passed by a Sessions Judge or a tribunal to the High Court Division for confirmation under section 374 of the Code of Criminal Procedure 1898. No death sentence can be carried out until the High Court Division confirms it.
The condemned prisoner can appeal alongside the reference, then appeal as of right to the Appellate Division, seek review, and finally petition the President for mercy.
- Where it starts
- A death sentence passed by a Sessions Judge, Additional Sessions Judge or a tribunal with Sessions powers; the…
- Main law
- Code of Criminal Procedure 1898 ss.31(2), 371(3), 374-379, 381-382 and 420 (not changed by the CrPC (Amendment) Act 2026, Act XI…
- Typical duration
- From sentence to the High Court Division's judgment: commonly 3 to 8 years. Appellate Division: a further 1 to 5 years.…
- Who can file
- The reference is made by the trial court itself; no one has to file it. The condemned prisoner can add an appeal or…
Death reference in Bangladesh: walk through every stage
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Step 1 · Death sentence and submissionDeath sentence passed by the trial court
Only a Sessions Judge or Additional Sessions Judge, or a tribunal given Sessions powers by its statute, can pass a death sentence. A Joint Sessions Judge and Magistrates cannot. Every such sentence is subject to confirmation by the High Court Division. When passing it, the judge must tell the condemned prisoner the period within which an appeal should be filed, and must give a free copy of the judgment. Under the Children Act 2013, no one who was a child can be sentenced to death.
Where: Sessions Judge's Court (trial court) · Time: Judgment day · Law: s.31(2)-(3) CrPC; s.371(1) and (3) CrPC; s.33(1) Children Act 2013 · Documents: Judgment and death sentence, Free copy of the judgment
Step 2 · Death sentence and submissionCommitted to jail pending confirmation
The condemned prisoner is sent to jail on a warrant and, under the Jail Code, has usually been held in a condemned cell. On 13 May 2024 the High Court Division held that keeping prisoners in condemned cells before their sentences are finally confirmed is unlawful. It declared the relevant Jail Code rule unconstitutional. On 15 May 2024 an Appellate Division Chamber Judge stayed that judgment until 25 August 2024 on the State's application and sent the matter to the full Bench. No final decision has been confirmed, so families should check its current status.
The sentence cannot be carried out at this stage in any event.
Where: Central Jail (condemned cell) · Time: Same day · Law: s.374 CrPC; Jail Code (condemned prisoners); HCD judgment of 13 May 2024 on condemned cells, stayed by the Appellate Division Chamber Judge on 15 May 2024 pending the full Bench · Documents: Warrant of commitment, Jail registration details
Step 3 · Death sentence and submissionProceedings submitted to the High Court Division
The trial court must send the proceedings to the High Court Division, where they are registered as a Death Reference with a number and year. Nobody needs to file anything for this to happen. Under the Nari-o-Shishu Ain the tribunal must send the record immediately, and Sessions courts are expected to act just as promptly. The High Court Division cannot confirm the sentence until the appeal period has expired or any appeal has been decided. A death reference in Bangladesh therefore usually travels together with the prisoner's own appeal.
Where: Sessions Judge's Court (trial court) · Time: Days to weeks · Law: s.374 CrPC; s.376 proviso CrPC; s.29 Nari-o-Shishu Nirjatan Daman Ain 2000 · Documents: Complete case record, Judgment and sentence, Forwarding letter of the trial court
Step 4 · Death sentence and submissionAppeal and jail appeal by the condemned prisoner
Although the reference goes up automatically, the prisoner should also appeal so that a lawyer can put specific grounds. Article 150 of the Limitation Act allows only seven days from the sentence for an appeal from a death sentence. The prisoner can also present a jail appeal through the jail authorities without a lawyer or fee. Late appeals are commonly filed with an application to condone the delay and heard with the reference. Co-accused who received lesser sentences file ordinary criminal appeals, which are tagged to the same reference.
Where: Central Jail (condemned cell) · Time: Within 7 days of sentence · Law: Article 150 Limitation Act 1908; s.5 Limitation Act 1908; s.410 CrPC; s.420 CrPC · Documents: Petition of appeal, Jail appeal petition, Application to condone delay, if late, Vakalatnama signed in jail
Tip: Do not rely on the reference alone. A filed appeal lets your lawyer argue grounds and seek early listing; without one, the State's view of the record can dominate.
- Step 5 · Paper book and waiting
Preparation of the paper book
Before the reference can be heard, the Supreme Court prepares a paper book: printed copies of the FIR, inquest and post-mortem reports, the charge, every deposition, the exhibits, the accused's examination and the judgment. In death cases it is printed through the Bangladesh Government Press at State expense, with copies for the judges and both sides. The press has reported that this alone takes at least six months, and often far longer in large cases with many accused. Prison officials have blamed paper book delays for references staying pending for years.
Where: High Court Division · Time: 6 months to 3 years · Law: s.374 CrPC; Supreme Court of Bangladesh (High Court Division) Rules 1973 · Documents: Paper book, Lower court records
Step 6 · Paper book and waitingLawyers for the condemned prisoner and the State
The condemned prisoner may be represented by a privately engaged advocate. If there is none, the High Court Division assigns an advocate at State cost, often called a State defence lawyer, so that the reference is never heard without someone arguing for the prisoner. The State is represented by a Deputy or Assistant Attorney General from the Attorney General's office. Families should give the defence lawyer any material on the prisoner's age, health, background and conduct in jail, since this matters to sentence.
Where: High Court Division · Time: Before listing · Law: High Court Division practice of assigning State defence advocates; Legal Aid Services Act 2000 · Documents: Vakalatnama, Age documents, Medical and jail conduct records
Step 7 · Paper book and waitingWaiting for a Bench
Once the paper book is ready, the reference waits to be listed before a Division Bench that the Chief Justice has assigned to death references. The CrPC sets no deadline for deciding a reference. The backlog is large: the Home Ministry reported 1,467 death references pending in the High Court Division in June 2019, some for many years. The Attorney General's office or the defence can ask for priority listing in old or urgent cases. A death reference in Bangladesh commonly takes three to eight years at this level.
Where: High Court Division · Time: 1-5 years · Law: Article 107(3) Constitution; s.374 CrPC · Documents: Application for priority hearing
Step 8 · Hearing in the High Court DivisionHearing the reference with the appeals
The reference, the prisoner's appeal, any jail appeal and co-accused's appeals are heard together. The Deputy Attorney General reads the evidence and supports confirmation, and the defence answers. The Bench must examine the whole record independently, whether or not an appeal was filed, and satisfy itself that guilt is proved beyond reasonable doubt and that death is the proper sentence. The condemned prisoner is not usually produced in court, but his lawyer can file written arguments. Hearings in large cases can run for many days.
Where: High Court Division · Time: 1 day to several weeks · Law: s.374 CrPC; s.376 CrPC; s.418 CrPC · Documents: Paper book, Written arguments, List of authorities
Step 9 · Hearing in the High Court DivisionFurther inquiry or additional evidence
If the Bench thinks a point bearing on guilt or innocence needs further inquiry or more evidence, it may take the evidence itself or direct the Court of Session to do so. Unless the Bench directs otherwise, the prisoner's presence can be dispensed with while this is done. When the trial court takes the evidence, it certifies the result to the High Court Division, and the hearing resumes on the fuller record.
Where: High Court Division · Time: 1-6 months · Law: s.375(1)-(3) CrPC · Documents: Order for further inquiry, Certified additional evidence
- Step 10 · Hearing in the High Court Division
Confirmation, commutation, retrial or acquittal
The Bench may confirm the death sentence, or pass any other lawful sentence, most often imprisonment for life. It may annul the conviction and convict of a different offence the trial court could have found, order a new trial, or acquit. At least two judges must make and sign any confirmation or new sentence. In Death Reference No. 72 of 2018, decided by advance order on 2 June 2025, the Bench rejected the reference, allowed the appeal and ordered the prisoner's release.
Where: High Court Division · Time: Same day to a few months after hearing · Law: s.376(a)-(c) CrPC; s.377 CrPC; State v Md. Yusuf Sikder, HCD, Death Reference No. 72 of 2018 · Documents: Judgment, Advance order, where released
Step 11 · Hearing in the High Court DivisionOrder certified to the Court of Session
The High Court Division's officer sends a sealed and attested copy of its order to the Court of Session. On receiving it, the trial court gives effect to it by issuing a warrant or other necessary orders. If the prisoner is acquitted or the sentence is reduced, the jail acts on that order. If the sentence is confirmed, execution still cannot take place while an appeal or petition to the Appellate Division, a review or a mercy petition is pending.
Where: Sessions Judge's Court (trial court) · Time: Weeks · Law: s.379 CrPC; s.381 CrPC · Documents: Sealed copy of the High Court Division order, Warrant or release order
Step 12 · Appellate DivisionAppeal as of right to the Appellate Division
Where the High Court Division confirms a death sentence, or itself imposes death or life imprisonment, the prisoner has an appeal as of right under Article 103(2)(b). It must be lodged within 30 days of the judgment. A prisoner in jail can present it through the jail authorities. The record is prepared at Government expense, and the Court can direct that an advocate be engaged for the accused at the Government's cost. Pending the appeal, the Court may stay execution of the sentence.
Where: Appellate Division · Time: Within 30 days; 1-5 years to hearing · Law: Article 103(2)(b) Constitution; Order XXIII rules 1, 2, 3, 6, 7 and 11 Appellate Division Rules 1988 · Documents: Memorandum of appeal, Certified copy of the High Court Division judgment, Six sets of copies
- Step 13 · Appellate Division
Appellate Division judgment
A Bench of the Appellate Division hears the appeal on the record and may dismiss it, commute the sentence, order a retrial or acquit. The accused may also submit written arguments, and the Court can direct that he be produced. After disposal, the Registrar sends a copy of the judgment to the High Court Division, which passes it to the trial court and the jail. The Appellate Division's decision binds all courts.
Where: Appellate Division · Time: Same day to months after hearing · Law: Order XXIII rules 8-10 Appellate Division Rules 1988; Article 111 Constitution · Documents: Judgment of the Appellate Division
Step 14 · Review, mercy and executionMercy petition to the President
Once the courts have finished, the condemned prisoner may petition the President, who has power to grant pardons, reprieves and respites and to remit, suspend or commute any sentence. The petition goes through the jail authorities and the Home Ministry. Under Article 48(3), the President acts on the Prime Minister's advice. The Jail Code gives only a short period to submit it, so the family and lawyer should prepare it before the review is decided.
Where: President (mercy petition via the Home Ministry) · Time: Weeks to months · Law: Article 49 Constitution; Article 48(3) Constitution · Documents: Mercy petition, Supporting statements and records
- Step 15 · Review, mercy and execution
Execution or commutation
If mercy is refused, the jail authorities fix a date under the Jail Code and the Court of Session's warrant is carried out. A family visit is allowed beforehand. If the President commutes or remits the sentence, the prisoner moves out of the condemned cell and serves the new sentence. A death reference in Bangladesh can therefore end in release, imprisonment or execution, and each depends on the steps above being taken in time.
Where: Central Jail (condemned cell) · Time: Weeks after mercy is decided · Law: s.381 CrPC; Article 49 Constitution · Documents: Warrant of execution, Order of commutation, if granted
What if…? How the death reference in Bangladesh can change course
Choose a scenario. The map animates the route up the hierarchy and, where a case is sent back, down to the lower court and up again.
What if the High Court Division commutes the sentence or acquits?
- 1Appellate Division
Appeals by both sides to the Appellate Division
If the sentence is commuted to life imprisonment, the prisoner can still appeal as of right, because the High Court Division has imposed life imprisonment. The State may file a criminal petition for leave to appeal seeking restoration of the death sentence within 30 days, or within 60 days against an acquittal. If leave is granted against an acquittal, the Appellate Division may order the respondent's arrest and detention as an undertrial prisoner.
30 or 60 days to file; 1-4 years to decideArticle 103(2)(b) and (3) ConstitutionOrder XXIV rules 2 and 9 Appellate Division Rules 1988
Where it ends up: The Appellate Division restores, keeps or reduces the sentence, or confirms the acquittal.
Can the reference judgment be challenged by revision?
- 1High Court Division
No revision above the High Court Division
Revision under ss.435 and 439 lies only against inferior courts, and the High Court Division is the highest revisional court. Its judgment in a death reference cannot be revised. The reference itself already gives the High Court Division wider powers than revision, including full re-examination of the evidence. Any challenge to the High Court Division's decision lies to the Appellate Division by appeal or leave petition.
Not applicables.435 CrPCs.439 CrPCs.376 CrPCArticle 103 Constitution
Where it ends up: Revision is replaced by the reference itself and the appeal to the Appellate Division.
Can the Appellate Division review its judgment?
- 1Appellate Division
Review under Article 105
The High Court Division cannot review its own judgment in the reference because of s.369 CrPC, but the Appellate Division can review its judgment under Article 105. In a criminal case the only ground is an error apparent on the face of the record. The application must be filed within 30 days, signed by a Senior Advocate with a reasoned certificate, and only one review is allowed. In death cases it is usually the last judicial step before mercy.
Within 30 days; decided in weeks to monthsArticle 105 Constitutions.369 CrPCOrder XXVI rules 1, 2, 4, 5 and 8 Appellate Division Rules 1988
Where it ends up: The review is dismissed or the sentence is corrected; the case then moves to the mercy stage.
What if the two High Court Division judges disagree?
- 1High Court Division
Reference to a third judge
If the Bench hearing a death reference is equally divided, the case and both opinions are laid before another judge of the High Court Division. The Chief Justice nominates that judge, who hears the parties as he thinks fit and gives his opinion. The judgment or order then follows that opinion. This can add several months, but the death sentence still cannot be confirmed unless at least two judges sign the order.
3-12 monthss.378 CrPCs.377 CrPC
Where it ends up: The third judge's opinion decides whether the death sentence is confirmed.
What if the High Court Division orders a new trial?
- 1High Court Division
Conviction annulled and retrial ordered
Where the trial was seriously flawed, for example a confession recorded improperly, a defective charge or a denial of the right to defend, the High Court Division can annul the conviction and order a new trial on the same or an amended charge. The prisoner leaves the condemned cell's status and becomes an undertrial accused again. The question of bail is decided afresh.
With the judgments.376(b) CrPC - 2Sessions Judge's Court (trial court)
Retrial and a fresh reference
The trial court retries the case and gives a new judgment. If it again imposes death, a fresh death reference goes up to the High Court Division under s.374, with a new appeal by the prisoner. If it imposes a lesser sentence or acquits, the ordinary appeal routes apply. Time already spent in custody is deducted from any term of imprisonment imposed.
1-3 years for retrials.374 CrPCs.410 CrPCs.35A CrPC
Where it ends up: The case goes back to the trial court and may return to the High Court Division as a new reference.
What if the prisoner is pregnant or was a child?
- 1High Court Division
Special protections
If a woman sentenced to death is found to be pregnant, the High Court Division must postpone the execution and may commute the sentence to imprisonment for life. Separately, s.33 of the Children Act 2013 forbids any death sentence on a child, whatever another law says. If evidence shows the prisoner was under 18 at the time of the offence, the defence should raise it at once with birth or school records.
Raised at any stages.382 CrPCs.33(1) Children Act 2013
Where it ends up: Execution is postponed or the sentence is replaced with a lawful one.
How the death reference in Bangladesh moves up the court hierarchy
A death reference in Bangladesh starts in a Court of Session or a tribunal with Sessions powers, such as a Nari-o-Shishu Tribunal, because only those courts can pass a death sentence. No value or subject threshold applies; the sentence itself triggers the route. The trial court must send every death sentence to the High Court Division, which acts as a court of confirmation. It does not simply check for legal error.
It re-examines all the evidence and decides for itself whether guilt is proved and whether death is the right sentence, even if the prisoner never appeals. The prisoner's appeal and jail appeal are heard with the reference. From the High Court Division, an appeal lies to the Appellate Division as of right if the High Court Division confirms the death sentence or itself sentences the prisoner to death or to imprisonment for life, for example by commuting. The State needs leave to challenge a commutation or acquittal.
After the Appellate Division, only a review under Article 105 and the President's prerogative of mercy under Article 49 remain. The International Crimes Tribunal sits outside this route, with appeals going directly to the Appellate Division under its own statute.
- Appellate DivisionAppellate Division
- High Court DivisionHigh Court Division
- Appellate levelSessions Judge's Court (trial court)
- First instanceNari-o-Shishu or other special tribunal
- Start · outside courtCentral Jail (condemned cell) · President (mercy petition via the Home Ministry)
Where your case is heard
Addresses are for Dhaka. Every district has equivalent courts at its own district judgeship.
Supreme Court of Bangladesh (Appellate Division and High Court Division)
Supreme Court of Bangladesh, Shahbag, Ramna, Dhaka-1000Hears appeals, revisions, references, writ petitions under Article 102, company matters and death references (High Court Division), and appeals by leave from the High Court Division (Appellate Division).
Both Divisions sit in the Supreme Court complex; many High Court Division benches sit in the Annex Building. Check the daily cause list for the bench and court room. Postal contact is the Registrar General, Supreme Court of Bangladesh, Ramna, Dhaka-1000.
Court of the Metropolitan Sessions Judge, Dhaka
40-45 Johnson Road, Dhaka-1100Tries sessions-triable offences from Dhaka metropolitan police stations and hears criminal appeals and revisions from Metropolitan Magistrates; Additional and Joint Metropolitan Sessions Judges also sit as Metropolitan Special Tribunals.
The Metropolitan Sessions Judge sits on the 2nd floor of the main building; Additional and Joint Metropolitan Sessions Judge courts are in the main building and the tin-shed building in the same compound. The Metropolitan Sessions Judge, Dhaka also holds the post of Senior Special Judge, Dhaka. Help line published by the court: 01335-145002.
Nari-o-Shishu Nirjatan Daman Tribunals, Dhaka
Dhaka Judge Court premises, 16 Johnson Road, Sadarghat, DhakaTry offences of rape, dowry violence, trafficking of women and children, acid-related and other offences under the Nari-o-Shishu Nirjatan Daman Ain 2000.
Dhaka has Tribunals Nos. 1-9, each presided over by a District and Sessions Judge-level judge and listed under the Dhaka judgeship. Their exact buildings in the Dhaka court area are not published. Every district has at least one such tribunal.
Central Jail (condemned cell)
Where this happens depends on your district or the office concerned. Ask us for the exact courtroom and address.
President (mercy petition via the Home Ministry)
Where this happens depends on your district or the office concerned. Ask us for the exact courtroom and address.
How long each stage takes
These are indicative ranges based on typical Dhaka practice. Adjournments, case backlogs and appeals can stretch them.
Documents checklist and key terms
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- Death reference
- The trial court's submission of a death sentence to the High Court Division, which must confirm it before it can be carried out.
- Condemned prisoner
- A person sentenced to death whose sentence has not yet been carried out or changed.
- Confirmation
- The High Court Division's order upholding a death sentence, signed by at least two judges.
- Commutation
- Replacement of a death sentence with a lesser one, usually imprisonment for life, by a court or the President.
- Jail appeal
- An appeal handed to the jail authorities by a prisoner, without a lawyer or fee, and forwarded to the court.
- Paper book
- The printed set of evidence and judgment prepared for the judges before the reference is heard.
- State defence lawyer
- An advocate assigned at State cost to argue for a condemned prisoner who has no lawyer.
- Mercy petition
- A request to the President under Article 49 to pardon, reprieve or commute a sentence.
Death reference in Bangladesh: common questions
What is a death reference in Bangladesh?
If the case goes up anyway, does the prisoner still need to appeal?
Why do death references take so long?
Who represents a prisoner who cannot afford a lawyer?
Can the High Court Division acquit even without an appeal?
Is the prisoner kept in a condemned cell during the reference?
What options remain after the Appellate Division?
Can a death sentence be carried out while appeals are pending?
Law and sources
- Code of Criminal Procedure 1898, ss.31, 371 and 374-382 (Laws of Bangladesh)
- Constitution of the People's Republic of Bangladesh (Articles 48, 49, 103 and 105)
- Limitation Act 1908, First Schedule Article 150 (Laws of Bangladesh)
- Nari o Shishu Nirjatan Daman Ain 2000, ss.28-29, as amended by Act No. 85 of 2026 (Laws of Bangladesh)
- Children Act 2013, s.33 (mirror text)
- Supreme Court of Bangladesh (Appellate Division) Rules 1988, Orders XXIII, XXIV and XXVI
- Prothom Alo: 1,700 convicts in condemned cells (death references pending, July 2019)
- The Daily Star: Next legal steps to take 3 years (paper books through the Government Press)
- Daily Observer: HC declares keeping convicts in condemned cells before final verdict illegal (14 May 2024)
- The Financial Express: SC stays HC order on condemned cells till August 25 (15 May 2024)
This Case Journey is a general guide to procedure in Bangladesh as of October 2026. It is not legal advice. Procedure, fees and time limits change, and every case turns on its own facts. Timelines are indicative. Speak to a lawyer about your own matter.
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