Lodge the FIR at the police station

The criminal case process in Bangladesh for a police case begins when the informant gives information of a cognizable offence to the officer in charge of the police station where it happened. The officer must reduce it to writing, read it over, have the informant sign it and enter it in the register. This is the First Information Report under section 154, and the informant gets a free copy. For a non-cognizable offence the police only make a General Diary entry and refer the informant to a Magistrate (s.155).

An FIR should give the time, place, names of the accused, the role each played and the witnesses. Later changes to the story are attacked at trial.

Where: Police station (Officer-in-Charge and Investigating Officer) · Time: Same day · Law: s.154 CrPC 1898; s.155 CrPC 1898; s.4(1)(f) CrPC 1898 (cognizable offence) · Documents: Written ejahar (FIR) signed by informant, National ID of informant, Medical certificate or photos if available

Tip: Lodge the FIR without delay; unexplained delay is one of the most common grounds on which the defence attacks a prosecution.

Arrest and production before a Magistrate

Police may arrest without warrant in the circumstances set out in the substituted section 54. Since August 2025, section 46A requires the arresting officer to wear clear identification and show an identity card on request. The officer must prepare an arrest memorandum attested by a family member or local witness and inform a relative within 24 hours. The person arrested must be allowed to consult a lawyer.

The arrested person must be told the grounds of arrest and produced before the nearest Magistrate within 24 hours, excluding travel time, under section 61 and Article 33 of the Constitution.

Where: Police station (Officer-in-Charge and Investigating Officer) · Time: Within 24 hours · Law: ss.46A-46E CrPC 1898 (inserted by Act XI of 2026); s.54 CrPC 1898 (substituted by Act XI of 2026); s.61 CrPC 1898; Art.33 Constitution · Documents: Memorandum of arrest, Forwarding report, Injury or medical note if any

Tip: Family members should ask for a copy of the arrest memorandum; it is now a legal requirement and fixes the time of arrest.

Remand hearing: police or judicial custody

If the investigation cannot finish within 24 hours, the investigating officer forwards the accused with the case diary entries and may pray for police remand under section 167. The Magistrate can authorise detention for up to 15 days in the whole, but police custody can never exceed 15 days in total in any case. Any further detention must be in jail as judicial custody. Reasons must be recorded. The Magistrate may order a medical examination before handover and must order one if the accused alleges torture on return.

The defence lawyer opposes remand and applies for bail at the same hearing.

Where: Chief Metropolitan Magistrate Court, Dhaka · Time: Same day; remand of 1-7 days is common · Law: s.167(1)-(3) CrPC 1898; s.167(2) (substituted) and s.167(2A) (inserted) CrPC 1898, Act XI of 2026; Blast v Bangladesh, 55 DLR 363 and 69 DLR (AD) 63 (remand guidelines) · Documents: Forwarding report and remand prayer, Case diary extract, Bail petition, Medical report

Tip: Ask the Magistrate to record any injury at first production; it is the strongest protection against abuse during remand.

Bail before the Magistrate

For bailable offences, bail is a right. For non-bailable offences, section 497 bars bail where there are reasonable grounds to believe the accused committed an offence punishable with death or life imprisonment. The court may still release a person under sixteen, a woman, or someone sick or infirm. If bail is refused, the accused can apply to the Sessions Judge and then the High Court Division under section 498.

Separately, the long-standing section 167(5) (dating from 1992, not the 2026 amendment) lets the Magistrate, or the Sessions Court for offences punishable with death, life or over ten years, release the accused on bail if the investigation is not concluded within 120 days. This is discretionary, not automatic.

Where: Chief Metropolitan Magistrate Court, Dhaka · Time: Days to months · Law: ss.496-498 CrPC 1898; s.167(5) CrPC 1898 (as substituted by Act XLII of 1992); s.498(2) and s.499(3) CrPC 1898 (bail conditions and online bonds, Act XI of 2026) · Documents: Bail petition, Surety bonds with NID, Medical papers if relying on illness

Tip: Prepare sureties with NID cards in advance; delays in verifying sureties often keep people in jail after bail is granted.

Investigation by the police

The investigating officer visits the scene, prepares a sketch map and seizure lists, and sends exhibits to forensic labs. He records witness statements under section 161 and gathers medical, post-mortem and digital evidence. A Magistrate may record a confession or a witness statement under section 164, with strict safeguards. Since 2025, section 173B requires every investigation to finish within 60 working days of the information. The officer can obtain extensions from the Magistrate for recorded reasons, and unjustified delay can be noted as misconduct.

Where: Police station (Officer-in-Charge and Investigating Officer) · Time: 60 working days, often extended to 6-12 months · Law: ss.156-161 CrPC 1898; s.164 CrPC 1898; s.173B CrPC 1898 (inserted by Act XI of 2026) · Documents: Seizure lists, Section 161 statements, Post-mortem or medical report, Forensic reports, Section 164 statement

Tip: A s.164 confession must be voluntary and recorded after warning; any retraction should be filed promptly with reasons.

Interim report and early discharge of an accused

Under the new section 173A, the supervising Police Commissioner or Superintendent may ask the investigating officer for an interim investigation report. If it shows insufficient evidence against a particular accused, the report can go to the Magistrate, who may discharge that person while the investigation continues against the others. Discharge is not final. If sufficient evidence later emerges, the person can still be named in the final police report. This gives wrongly named people a route out of a case without waiting years for a charge sheet.

Where: Chief Metropolitan Magistrate Court, Dhaka · Time: 1-3 months · Law: s.173A CrPC 1898 (inserted by Act XI of 2026, effective 10 July 2025) · Documents: Interim investigation report, Application for discharge

Tip: An accused named in a long FIR can write to the supervising officer seeking an interim report on his role.

Police report: charge sheet or final report

When investigation ends, the officer in charge submits a police report under section 173 to the Magistrate. A charge sheet names the accused to be tried, lists the witnesses and attaches the documents relied on. A final report says the allegation is true but undetected, mistaken in fact or false. The informant must be told of the action taken. The police may continue investigating after submitting the report and file a supplementary report (s.173(3B)). In serious cases the investigation may be transferred to the PBI or CID.

Where: Chief Metropolitan Magistrate Court, Dhaka · Time: 3-12 months after FIR · Law: s.173(1), (3B) CrPC 1898 · Documents: Charge sheet or final report, Witness list, Documents and exhibits, Supplementary report (if any)

Tip: Collect a certified copy of the charge sheet or final report as soon as it is filed; deadlines for objections start running in practice from that date.

Naraji petition against a final report

If the police submit a final report, or drop some accused from a charge sheet, the informant can file a naraji (objection) petition. The Magistrate hears it with the case diary. He may accept the final report and discharge the accused under section 202(2B). He may order further investigation by the same or another agency, or a judicial inquiry. Or he may treat the naraji as a complaint and take cognizance himself. A Magistrate is not bound by the police opinion and can take cognizance against people the police exonerated if the materials justify it.

Where: Chief Metropolitan Magistrate Court, Dhaka · Time: 1-4 months · Law: s.173(3B) CrPC 1898; s.190(1)(a)-(b) CrPC 1898; s.202(2B) CrPC 1898 · Documents: Naraji petition, Affidavits of witnesses, Certified copy of the final report

Tip: Back the naraji with sworn statements from witnesses the police ignored; a general complaint about bias rarely succeeds.

Cognizance by the Magistrate

Cognizance is the point at which the criminal case process in Bangladesh moves from the police to the courts. On a charge sheet, the Chief Metropolitan Magistrate or Chief Judicial Magistrate takes cognizance under section 190(1)(b) of the offences disclosed. He issues process against accused who are not yet before the court, usually a warrant of arrest, and may order attachment if an accused absconds. Accused on bail are directed to appear. If the offence can be tried by a Magistrate, the case is transferred to a Metropolitan or Judicial Magistrate for trial.

If it can only be tried by a Court of Session, the next step is transfer.

Where: Chief Metropolitan Magistrate Court, Dhaka · Time: 1-6 months after the report · Law: s.190(1)(b) CrPC 1898; ss.87-88 CrPC 1898 (proclamation and attachment) · Documents: Order taking cognizance, Warrant of arrest or proclamation, Copies of police report for accused

Tip: An accused named in a fresh charge sheet should move for bail or surrender quickly; a warrant usually follows cognizance.

Sending the case to the Sessions Court

Where the offence is triable exclusively by a Court of Session (for example murder, culpable homicide, robbery with grievous hurt or dacoity), the Magistrate sends the case under section 205C. He forwards the record, the documents and exhibits, and keeps the accused in custody or on bail. The Metropolitan Sessions Judge registers it as a sessions case and may keep it or transfer it to an Additional or Joint Metropolitan Sessions Judge. The 360-day trial limit under section 339C runs from the date the case is received for trial.

Where: Metropolitan Sessions Judge's Court, Dhaka · Time: 1-3 months · Law: s.205C CrPC 1898; s.193 CrPC 1898; s.339C(2) CrPC 1898 · Documents: Record sent under s.205C, Sessions case number, Transfer order

Tip: Check that all seized exhibits actually reached the Sessions Court; missing exhibits cause long adjournments.

Discharge hearing and framing of charge

The Public Prosecutor opens the case and describes the evidence. The court considers the record and hears both sides. If there is no sufficient ground, it discharges the accused under section 265C and records reasons. Otherwise it frames a written charge under section 265D, reads it out and asks each accused whether he pleads guilty. On a guilty plea, the court may convict. A charge can be altered later, but the accused must then have a fair chance to meet the new charge.

Where: Metropolitan Sessions Judge's Court, Dhaka · Time: 2-6 months · Law: ss.265A-265E CrPC 1898; ss.221-231 CrPC 1898 (form and alteration of charge) · Documents: Discharge application, Framed charge, Record of plea

Tip: Many accused file revision against charge framing; do so only on clear legal grounds, because the High Court Division rarely interferes at this stage.

Prosecution witnesses and cross-examination

The Public Prosecutor calls the informant, eyewitnesses, the doctor, forensic experts, the seizure-list witnesses and the investigating officer. The victim's private lawyer may assist. Each witness is examined in chief, cross-examined by every accused, and re-examined. Witness absence is the main cause of delay. Courts issue summons, then warrants, and may close the prosecution case if witnesses repeatedly fail to appear. Since 2025, the court can make orders to protect complainants, victims and witnesses, and to pay their expenses.

Where: Metropolitan Sessions Judge's Court, Dhaka · Time: 1-4 years · Law: s.265F CrPC 1898; s.544 CrPC 1898 (expenses and protection, amended by Act XI of 2026); Evidence Act 1872 ss.137-138; s.493 CrPC 1898 (private pleader under the Public Prosecutor) · Documents: Witness summons and warrants, Exhibits and seizure lists, Deposition sheets

Tip: The defence should get certified copies of every s.161 statement early; contradictions with the deposition are proved through the investigating officer.

Examination under section 342 and defence case

After the prosecution closes, the judge examines each accused under section 342. He puts every incriminating piece of evidence to the accused personally, so that he can explain it. The accused is not on oath and may submit a written statement. If there is no evidence that the accused committed the offence, the court acquits under section 265H. Otherwise the accused enters on his defence, may call witnesses and produce documents (s.265-I), and arguments follow (s.265J).

Where: Metropolitan Sessions Judge's Court, Dhaka · Time: 2-6 months · Law: s.342 CrPC 1898; ss.265G-265J CrPC 1898 · Documents: Record of s.342 examination, Written statement of accused, Defence exhibits

Tip: A failure to put a key circumstance to the accused under s.342 is a frequent ground for the High Court Division to set aside a conviction.

Judgment: conviction or acquittal

The judge gives a written judgment under section 265K, stating the points for decision, the findings and the reasons, and, on conviction, the section and the sentence. On acquittal, an accused in custody is released. On conviction, the accused is sent to jail with a conviction warrant unless the sentence is short and bail is granted. If the trial overran the 360-day limit, an accused facing a non-bailable charge could have applied for bail under section 339C(4) while it was pending. This is the end of the first-instance criminal case process in Bangladesh.

Where: Metropolitan Sessions Judge's Court, Dhaka · Time: 1-3 months after arguments · Law: s.265K CrPC 1898; ss.366-367 CrPC 1898; s.339C(4) CrPC 1898 · Documents: Judgment and order of sentence, Conviction warrant, Certified copy application

Tip: Apply for the certified copy immediately; the appeal period is counted from the date of sentence.

Death sentence triggers a reference

If the Sessions Court imposes the death sentence, it cannot be executed unless the High Court Division confirms it. The court must tell the convict that he can appeal within seven days and send the entire record to the High Court Division as a death reference. The convict is held in the condemned cell while the reference is pending. For all other sentences, the convict's own appeal is the next step.

Where: Metropolitan Sessions Judge's Court, Dhaka · Time: Immediately after sentence · Law: s.374 CrPC 1898; s.371(3) CrPC 1898; Art.150 Limitation Act 1908 · Documents: Death reference with full record, Warrant of commitment under sentence of death

Tip: Even where a death reference goes automatically, file a regular appeal as well, through a lawyer or from jail, to make sure every ground is argued.

Serving the sentence and filing from jail

A convict in custody can present a petition of appeal through the officer in charge of the jail, who forwards it to the appellate court. This is the jail appeal under section 420. Fines are recovered under sections 386-389, and imprisonment in default runs if a fine is unpaid. Time spent in custody before conviction is set off against the sentence under section 35A. The appellate court can suspend the sentence and grant bail pending appeal under section 426.

Where: Dhaka Central Jail (custody) · Time: Ongoing · Law: s.420 CrPC 1898; s.426 CrPC 1898; s.35A CrPC 1898; ss.386-389 CrPC 1898 · Documents: Jail appeal petition, Copy of judgment, Custody certificate

Tip: Families should confirm with the jail office that a jail appeal was actually forwarded and obtain its number.