Court System in Bangladesh: Structure, Jurisdiction and Reform in 2026

The court system in Bangladesh: an overview for 2026

The court system in Bangladesh is a single, integrated hierarchy. At its apex sits the Supreme Court, divided into the Appellate Division and the High Court Division. Beneath it are the subordinate civil and criminal courts in every district, and alongside them a growing set of specialised courts and tribunals for loans, family matters, labour, commercial disputes, cyber offences and public service. Knowing where a case belongs is the first strategic decision in any dispute, because filing in the wrong forum costs months and can cost the claim.

This guide maps that structure as it stands in October 2026. It covers the constitutional framework, the civil court ladder and its pecuniary limits after the 2021 and 2026 amendments, the criminal courts and the separated judicial magistracy, the main tribunals including the new commercial courts, appeals and revisions, the backlog and how long cases take, the digital and virtual court reforms, and the contested question of a separate Supreme Court secretariat. It closes with practical guidance on where to file.

Summary: Bangladesh has a two-division Supreme Court above district-level civil and criminal courts. Civil suits start before a Civil Judge (up to Tk 15 lakh), Senior Civil Judge (up to Tk 25 lakh) or Joint District Judge (above that), with appeals to the District Judge or the High Court Division. Criminal cases run through judicial and metropolitan magistrates and sessions courts. Specialised courts handle loans, family, labour, commercial, cyber and service disputes, and the High Court Division's writ jurisdiction polices public power.

Key point: Since the Civil Courts (Amendment) Act 2026, deemed effective from 2 November 2025, the courts formerly called Assistant Judge and Senior Assistant Judge are the Civil Judge and Senior Civil Judge. References in other laws to Assistant Judge, Senior Assistant Judge, Subordinate Judge and Additional Judge must now be read as Civil Judge, Senior Civil Judge, Joint District Judge and Additional District Judge.

At a glance

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Table of Contents

How the court system in Bangladesh is built

Part VI of the Constitution creates the judiciary. Article 94 establishes the Supreme Court of Bangladesh, comprising the Appellate Division and the High Court Division, with the Chief Justice and the judges appointed to the Appellate Division sitting only in that division and the remaining judges sitting in the High Court Division. Judges are independent in the exercise of their judicial functions, subject to the Constitution.[1]

Article 114 provides for courts subordinate to the Supreme Court as established by law, and Article 117 allows Parliament to establish administrative tribunals for public service and government property matters.[1] Everything else in the court system in Bangladesh, from the District Judge's court to the commercial courts created in 2026, rests on ordinary statutes made under that framework.

Three tiers and a binding hierarchy

The structure works in three tiers: the Appellate Division, the High Court Division and the subordinate courts and tribunals. Law declared by the Appellate Division binds the High Court Division, and law declared by either division binds every subordinate court. All executive and judicial authorities must act in aid of the Supreme Court, and the High Court Division has superintendence and control over all courts and tribunals subordinate to it.[1] Precedent is therefore not advisory: a High Court Division ruling on a point of law decides how every district court must apply it.

The Supreme Court

The High Court Division

The High Court Division has the original, appellate and other jurisdictions conferred on it by the Constitution or by law.[1] Among other things it hears appeals from District and Additional District Judges and from Joint District Judges in higher-value suits, and appeals from the final judgments of the new commercial courts.[2] [6] Its most visible work, however, is the writ jurisdiction. Our guide to the High Court Division of Bangladesh explains each jurisdiction in detail.

Its writ jurisdiction under Article 102 is the main check on public power. On the application of an aggrieved person, the Division may give directions to enforce fundamental rights and, where no other equally efficacious remedy exists, may order a public functionary to do or refrain from doing something, declare an act done without lawful authority, require a detained person to be produced, or require a public office-holder to show authority for holding office.[1] Where an interim order could prejudice a development programme or the public interest, the Attorney-General must be given notice before it is made.[1]

The High Court Division can also withdraw a case from a subordinate court where it involves a substantial question of constitutional interpretation or a point of general public importance, and either decide it or determine the question and send the case back.[1]

The Appellate Division

The Appellate Division hears appeals from the High Court Division. An appeal lies as of right where the High Court Division certifies that the case involves a substantial question of constitutional interpretation, where it has confirmed or imposed a death sentence or life imprisonment, or where it has punished a person for contempt. In every other case, an appeal lies only with leave of the Appellate Division.[1] The Division may issue any order needed to do complete justice, may review its own judgments, and gives advisory opinions when the President refers a question of law of public importance.[1]

The Chief Justice determines which judges constitute each bench, and the Supreme Court, with the President's approval, makes rules of practice for both divisions and for subordinate courts.[1] Practitioners new to the apex court should read our guide to Supreme Court practice in Bangladesh.

Appointment of judges

The Constitution requires a Supreme Court judge to be a citizen with at least ten years as an advocate of the Supreme Court or in judicial office, or with such other qualifications as law prescribes. The President may appoint additional judges for up to two years.[1] The Supreme Court Judges Appointment Ordinance 2025 had created a Supreme Judicial Appointment Council led by the Chief Justice to recommend candidates, but Parliament repealed it in April 2026 along with the Supreme Court Secretariat ordinances.[10]

Seat, benches and contempt

The permanent seat of the Supreme Court is in the capital, although sessions of the High Court Division may be held elsewhere as the Chief Justice, with the President's approval, appoints.[1] Both divisions are courts of record with power, subject to law, to punish contempt of themselves.[1] A judge holds office until the age of sixty-seven, and a retired judge may not plead before any court or authority, save that a former High Court Division judge may appear before the Appellate Division.[1]

For litigants, the bench composition matters as much as the court. Because the Chief Justice allocates jurisdiction to benches, the same type of matter may be heard by different benches over time, and the daily cause list governs when a matter is called. Tracking the cause list and the bench's current jurisdiction is a routine but essential part of Supreme Court practice within the court system in Bangladesh.

The subordinate civil courts

The Civil Courts Act 1887 establishes five classes of civil court: the District Judge, the Additional District Judge, the Joint District Judge, the Senior Civil Judge and the Civil Judge.[2] The names of the two lowest tiers changed in 2026. The Civil Courts (Amendment) Act 2026 (Act No. 12 of 2026), passed on the recommendation of the Judicial Reform Commission and deemed effective from 2 November 2025, replaced "Assistant" with "Civil" throughout the Act, and inserted section 25A so that references in other laws to Additional Judge, Subordinate Judge, Senior Assistant Judge and Assistant Judge are read as Additional District Judge, Joint District Judge, Senior Civil Judge and Civil Judge.[3]

Appointment and independence of subordinate judges

Appointments to the judicial service and of magistrates exercising judicial functions are made by the President under rules made for that purpose, and every judicial officer and magistrate is independent in the exercise of judicial functions, subject to the Constitution.[1] The High Court Division's superintendence and control over all subordinate courts is the constitutional anchor for inspections, transfers of cases and disciplinary oversight of the lower judiciary.[1]

Pecuniary jurisdiction

Following the Civil Courts (Amendment) Act 2021, a Civil Judge may try suits valued at up to Tk 15 lakh and a Senior Civil Judge suits valued at up to Tk 25 lakh. The District Judge and Joint District Judge have jurisdiction over all original suits cognisable by civil courts, which in practice makes the Joint District Judge the trial court for suits above Tk 25 lakh.[2] Valuation therefore decides the forum, and a suit undervalued to fit a lower court is vulnerable to a jurisdictional objection. Our guide to filing a civil suit in Bangladesh explains valuation and court fees.

Appeals within the civil courts

Appeals from Civil Judges and Senior Civil Judges go to the District Judge, who may transfer them to an Additional District Judge or a Joint District Judge. An appeal from a Joint District Judge goes to the District Judge where the original suit was valued at no more than Tk 5 crore, and to the High Court Division in any other case. Appeals from District and Additional District Judges lie to the High Court Division.[2]

On a phone, scroll the table sideways. Our guides to civil appeals and civil revisions explain time limits and grounds.

The criminal courts and the judicial magistracy

The Code of Criminal Procedure 1898 organises the criminal courts. Its structure provides for courts of session, executive magistrates, judicial magistrates, special magistrates, metropolitan magistrates and the Chief Metropolitan Magistrate, with joint sessions judges subordinate to the sessions judge and separate provisions on the powers and sentencing limits of each class.[4]

Separation of the judiciary

Until 2007, magistrates who tried criminal cases were part of the executive. Following the Masdar Hossain litigation, in which the High Court Division directed separation in 1999 and the Appellate Division upheld that direction on appeal, the caretaker government declared the separation in January 2007 and four sets of rules took effect by 1 July 2007, bringing magistrates exercising judicial functions under the control of the Supreme Court.[5] Today, magistrate-level criminal trials are conducted by judicial magistrates outside the metropolitan areas and by metropolitan magistrates within them, while executive magistrates are a separate class under the Code.[4]

Sessions courts

The more serious offences that the Code reserves to the court of session are tried by sessions judges, additional sessions judges and joint sessions judges, while in Dhaka the Chief Metropolitan Magistrate heads the metropolitan magistracy.[4] See our guides to criminal trials in the sessions court and the CMM court in Dhaka.

2026 procedural reforms

The Code of Criminal Procedure (Amendment) Act 2026 allows courts to bypass the lengthy proclamation and attachment process for absconding accused and mandates digital service of summons. Testimony from investigating officers, doctors and magistrates who recorded confessions is now accepted online, and dedicated judicial magistrate courts have been set up so that magistrates can focus on trials.[13]

Specialised courts and tribunals in the court system in Bangladesh

A distinctive feature of the court system in Bangladesh is the number of specialised forums with exclusive jurisdiction. Filing an ordinary suit in a matter reserved to one of them is a common and avoidable mistake.

Artha Rin Adalat (money loan courts)

Suits by banks and financial institutions to recover loans go to the Artha Rin Adalat constituted under the Artha Rin Adalat Ain 2003 (Act No. 8 of 2003). The Commercial Courts Act 2026 expressly excludes matters within the Artha Rin courts' jurisdiction from the definition of a commercial dispute, preserving their exclusive role.[6] Our guide to the Artha Rin Adalat covers procedure and settlement.

Family courts

The Family Courts Act 2023 replaced the 1985 ordinance. It allows appeals to be heard not only by the District Judge but by other courts of equivalent status, and raised the family court fee from Tk 50 to Tk 200.[8] E-family courts are operating in Dhaka and Chattogram, with expansion planned.[13] See our guide to family court procedure.

Commercial courts

The Commercial Courts Act 2026 (Act No. 23 of 2026), deemed effective from 1 January 2026, provides for commercial courts presided over by District Judges or Additional District Judges, with preference for judges trained or experienced in commercial law. Commercial disputes cover a long list of transactions, from trade finance, imports and exports, construction and infrastructure, franchising, distribution and licensing, joint ventures and shareholder agreements to intellectual property, insurance, shipbuilding and arbitration matters, but exclude matters within the High Court Division's original jurisdiction. Where a commercial court has jurisdiction, ordinary civil courts may not entertain the dispute.[6]

The government decides by notification how many commercial courts to establish and, in consultation with the Supreme Court, fixes and may later change their territorial jurisdiction. Within its territory, a commercial court hears all suits and applications arising from commercial disputes.[6] For foreign investors this is the most significant structural addition to the court system in Bangladesh in decades, because it puts business disputes before senior district-level judges with a direct route to a specialised appellate bench.

Only a final judgment of a commercial court is appealable, within 60 days, to the High Court Division, where the Chief Justice is to constitute one or more commercial appeal benches; interlocutory orders are open to revision or review under the Code of Civil Procedure.[6] Our analysis of the Commercial Courts Act sets out the practical consequences.

Cyber tribunals

Under the Cyber Security Act 2026 (Act No. 81 of 2026), offences under that Act are triable only by the Tribunal, which follows the sessions trial procedure in the Code of Criminal Procedure and exercises the powers of a court of session, with an appeal to the Appellate Tribunal. The Tribunal may not take cognisance without a written police or joint investigation report, although an aggrieved person whose complaint a police station refused to record may petition the Tribunal directly.[7]

Labour courts, women and children tribunals and others

District-level judges also preside over labour courts and tribunals for the prevention of repression against women and children, alongside the family courts.[8] In June 2026 the Chief Justice formed a special High Court Division bench to prioritise cases involving violence against women and children.[12] See our guide to the Labour Court.

Administrative tribunals

Disputes about the terms and conditions of service of public servants go to the administrative tribunals established under Article 117, and where such a tribunal has jurisdiction no other court may entertain the matter, subject to any appeal or review that Parliament provides. Writ jurisdiction does not extend to a tribunal to which Article 117 applies.[1] Our administrative tribunal practice handles these claims.

Appeals, revisions and review

Every level of the court system in Bangladesh has a corrective route, but each is narrow and time-limited. Within the civil courts, appeals follow the value-based ladder in the Civil Courts Act.[2] Above them, the High Court Division exercises the appellate and revisional jurisdiction conferred by law together with its constitutional superintendence over every subordinate court and tribunal. The Appellate Division hears appeals from the High Court Division as of right in the limited cases the Constitution lists and otherwise only with leave, and it may review its own judgments.[1]

Choosing the right route

Two practical rules save clients money. First, identify the appellate forum from the value of the original suit and the court that decided it, not from the size of the eventual decree. Second, interim relief at the appellate stage, such as a stay of execution, needs its own application and its own grounds. For commercial courts, the 60-day window for appeal to the High Court Division runs from the date of the judgment.[6] Our appellate litigation practice handles appeals, revisions and leave petitions at every level.

Judicial independence and the Supreme Court secretariat

Control of the subordinate judiciary has been the most contested institutional question of 2025 and 2026. Article 116, in its current form, vests control (including posting, promotion and leave) and discipline of judicial officers and magistrates exercising judicial functions in the President, to be exercised in consultation with the Supreme Court.[1] In the original 1972 Constitution, that control was vested in the Supreme Court itself.[9]

The 2025 High Court verdict

On 2 September 2025 a High Court Division bench declared parts of Article 116 illegal and void, restored the Supreme Court's authority over subordinate judges, declared the 2017 disciplinary rules for subordinate judicial officers unconstitutional and directed that a separate secretariat for the judiciary be formed within three months. The court certified the case for a direct appeal.[9]

Ordinance, repeal and appeal

The interim government promulgated the Supreme Court Secretariat Ordinance 2025 on 30 November 2025, giving the new secretariat authority over transfer, promotion, discipline, leave and recruitment of lower court judges, and the secretariat was inaugurated on 11 December 2025. After the elected government took office, Parliament passed the Supreme Court Secretariat (Repeal) Bill on 9 April 2026, and in May 2026 fifteen judicial officers serving in the dissolved secretariat were transferred back to the Law and Justice Division.[11] [10]

The state appealed against the September 2025 verdict. In June 2026 a four-member Appellate Division bench led by Chief Justice Zubayer Rahman Chowdhury kept the High Court Division's verdict suspended until the appeal is disposed of and fixed 16 June for hearing.[11] Until the Appellate Division rules, administration of the subordinate judiciary sits with the Law and Justice Division under Article 116 as it stands. Our analysis of judicial appointments in Bangladesh follows the related reforms.

Backlog and how long cases take

The court system in Bangladesh carries one of the heaviest caseloads in the region. As of 31 December 2025, 4,041,924 cases were pending in the subordinate courts, according to the Law Minister.[13] At the Supreme Court, 700,800 cases were pending at the start of 2026; by 31 August 2026 that had fallen to 685,830, of which 39,554 were in the Appellate Division and 646,276 in the High Court Division.[12]

Disposal is improving. In the first eight months of 2026 the High Court Division disposed of 87,596 cases, 31,840 more than in the whole of 2025, and the Appellate Division disposed of 11,136. The Attorney General attributed part of the improvement to special benches for death references and for violence against women and children, and called for more out-of-court settlement and mediation.[12]

What drives delay

Delay is driven by a shortage of judges, inadequate infrastructure, lengthy procedures and frequent adjournments.[13] The government has established 871 new courts and created 232 judicial posts, with 304 more in the pipeline, and recruitment is under way for 150 civil judges.[13] Realistic case planning still assumes that a contested civil suit, followed by appeal, can take several years, which is why interim relief, settlement and alternative dispute resolution matter so much.

Mediation before and during litigation

The Legal Aid Services (Amendment) Act 2026 made pre-litigation mediation mandatory for most disputes under scheduled laws in covered districts, with certified settlements given the status of court decrees; by May 2026 the programme was active in 20 districts.[13] Our guide to court-annexed mediation covers the in-court routes.

E-judiciary and virtual courts

The Use of Information Technology in Courts Act 2020 provides the legal basis for virtual hearings.[14] In April 2026, on the Chief Justice's order and to save fuel and electricity, the Supreme Court announced that both divisions would sit virtually every Wednesday and Thursday from 22 April. After protests by lawyers, the administration suspended the decision in both divisions, including the chamber court, and in-person hearings resumed on all working days.[14]

Digitisation is moving faster in the lower courts. The Code of Civil Procedure (Amendment) Act 2026 allows summons by SMS and voice call, plaints and written statements on affidavit, direct cross-examination and execution petitions within the original suit. An e-bail bond system operates in 16 districts, cause lists for all courts are online, and an e-Judiciary project to digitise the whole process from filing to records is in the pipeline.[13]

Where to file: a practical guide to the court system in Bangladesh

Choosing the forum is a legal question, not an administrative one. The court system in Bangladesh rewards parties who ask the jurisdictional questions in the right order. The following sequence reflects how we approach it.

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For most disputes the answer is clear once these questions are asked in order. Where it is not, for example in a dispute that is both commercial and involves a bank, or where a public body's decision is at the centre of a private dispute, early advice avoids a jurisdictional fight that can consume the first year of the case. Our litigation and disputes practice and constitutional and writ litigation practice advise on forum selection at the outset.

What to watch in 2026 and beyond

Four developments will shape the court system in Bangladesh over the next year. First, the Appellate Division's decision on Article 116 will determine who controls the subordinate judiciary.[11] Second, the commercial courts and their appeal benches will be tested by the first wave of appeals.[6] Third, the 2026 procedural amendments and the e-Judiciary project should shorten service and evidence stages.[13] Fourth, the renamed civil courts will gradually bring statutes, forms and practice into line with the 2026 nomenclature.[3]

If you are facing a dispute and need to decide where and how to bring it, or how to defend it, contact TRW. Getting the forum, valuation and interim strategy right on day one is the most effective way to shorten a case in Bangladesh.

Frequently asked questions

What is the highest court in Bangladesh?

The Supreme Court of Bangladesh, comprising the Appellate Division and the High Court Division. The Appellate Division is the final court of appeal.[1]

What are the classes of civil courts in Bangladesh?

District Judge, Additional District Judge, Joint District Judge, Senior Civil Judge and Civil Judge, under the Civil Courts Act 1887 as amended in 2026.[2] [3]

What is the pecuniary jurisdiction of a Civil Judge?

Up to Tk 15 lakh. A Senior Civil Judge can try suits up to Tk 25 lakh, and higher-value suits go to the Joint District Judge.[2]

Where does an appeal from a Joint District Judge go?

To the District Judge if the original suit was valued at up to Tk 5 crore, and otherwise to the High Court Division.[2]

What is a writ petition?

An application to the High Court Division under Article 102 of the Constitution to enforce fundamental rights or to challenge unlawful action by a public authority where no other equally efficacious remedy exists.[1]

When can I appeal to the Appellate Division as of right?

Where the High Court Division certifies a substantial constitutional question, has confirmed or imposed a death sentence or life imprisonment, or has punished for contempt. Otherwise leave is required.[1]

Which court hears bank loan recovery suits?

The Artha Rin Adalat under the Artha Rin Adalat Ain 2003. Those matters are excluded from the commercial courts.[6]

Are there commercial courts in Bangladesh?

Yes. The Commercial Courts Act 2026, deemed effective from 1 January 2026, provides for commercial courts led by District or Additional District Judges, with appeals from final judgments to the High Court Division within 60 days.[6]

How many cases are pending in Bangladesh courts?

About 4.04 million in the subordinate courts at the end of 2025, and 685,830 in the Supreme Court as of 31 August 2026.[12] [13]

Does Bangladesh still hold virtual court hearings?

The legal basis exists under the 2020 Act, but the Supreme Court's two-day weekly virtual hearing plan announced in April 2026 was suspended, and in-person hearings resumed on all working days.[14]