1

INTERNSHIP REPORT

MD. MASUD ALAM

Roll: 1826027
Reg. No: 1878
Session: 2018-2019

4206: Internship and Moot Court Exercise

Supervisor
Assistant Professor, Shahida Akhtar
Department of Law & Land Management
Islamic University, Kushtia.

Date of Submission : 10 February 2024

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Approval Sheet
Internship Report
On
District and Session Judge Court

Supervisor

Shahida Akhter

Assistant Professor

Department of Law and Land Management

Islamic University, Bangladesh

Signature……….

Chairman

Shahida Akhter

Assistant Professor

Department of Law and Land Management

Islamic University, Bangladesh

Signature…………

External Examiner

Signature…………
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Certificate by the Academic Supervisor:

This is to certify that-

Md. Masud Alam Roll: 1826027, Reg. No:1878, Session:2018-2019,The student of Law & Land
Management of Islamic University has successfully completed Internship under my supervision.

During their tenure in this Internship, Md Masud Alam displayed exceptional diligence, dedication, and
determination in achieving his goals. He demonstrated a high level of professionalism and outstanding
skills. He also exhibited excellent team work skills and worked cooperatively with his colleagues and
superiors.

Based on his outstanding performance and achievements, I highly recommend Md. Masud Alam for any
future academic or professional pursuits. I am confident that he will make valuable contributions to any
organization they join and excel in their chosen field.

Congratulations on a job well done, and I wish Md. Masud Alam all the best in their future endeavors.

Sincerely,

…………………………………………..

Assistant Professor, Shahida Akhtar

Department of Law & Land Management, Islamic University, Kushtia.

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Certificate by the Internship Supervisor:

Criminal side

This is to certify that –

Md. Masud Alam Roll: 1826027, Reg No:1878, Session:2018-2019, The student of Law & Land
Management of Islamic University is known to me & completed his internship in criminal case under my
supervision On 02 September to 28 October 2022. He was physically presented with me to hear the
criminal case and the report he prepared after the criminal hearing is true and authentic in my knowledge.

I wish his brilliant success.

Sincerely,

…………………………………….

Md. Asif Reza Anam

Advocate

District & Session Judge Court, kushtia.

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Table of Contents

SL
No
Contents

CHAPTER-1

1 Introduction

2 Background

3 Purpose

4 Scope

CHAPTER-2

Description of the Bar Association

1

2 Conversation with the president of Bar

association:

Description of The Court (civil & criminal ) and

3
Number of Judges

Description of The Chief judicial magistrate

4
court.
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Number of total cases

5

CHAPTER-3

2 All Courts in Bangladesh:

3 Stages of Criminal proceeding.

4 Appeal

CHAPTER-4

1 Internship Programme & My Topic.

2 Case Study

3 CASE RELATED DOCUMENT

CHAPTER-5

1 What I have learnt

2 Client interview

CHAPTER-6
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1 Some observations in this court.

2 Some Problem & Solution:

3 My Opinion to this court visit &

Recommendation for Visitors.

4 Conclusion

5 Bibliography

Acknowledgement
I, Md. Masud Alam hereby declare that the report submitted by me for the
internship program a that District & Session Judge Court, kushtia is based on my
original work and research. I confirm that the content presented in this report is not
plagiarized and has not been submitted to any other organization or institution for
any purpose.

I also declare that all the information provided in this report is accurate and true to
the best of my knowledge. Any references, data, or information used in this report
have been cited and acknowledged appropriately in the bibliography section.
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Furthermore, I acknowledge that District & Session Judge Court, kushtia holds the
right to use the report submitted by me for the internship program for any purpose,
including publishing or sharing it with any interested parties. A special gratitude I
give to our honorable Chairman of the department, Assistant Professior Shahida
Akhter whose contribution to supervise us a lot. Finally after a long struggle

I understand that any misrepresentation of facts or plagiarism in this report will

result in the cancellation of my internship program, and I may be subject to legal
action.

EXECUTIVE SUMMARY:
I am Md. Masud Alam, student of Law & Land Management, Islamic University
went to Kushtia District Judge Court for internship to gather knowledge about
given topic. I was given the topic “Robbary” case, I had to gather knowledge
regarding the topic.

The purpose of the visit was to understand the working of court, the nature of
duties of the judicial officers. The visit was to help us understand the role of court
in dispensing justice in any case, the role of prosecutors in a case, the way cases
proceed in a court, the way judges, prosecutors and defense lawyers handle the
case, the relationship of the prosecutors and the police. This gave us an opportunity
to understand the actual need for co-ordination in the four pillars of the criminal
justice system. The visit included an in-depth study of the day-to-day functioning
of the criminal courts, at different levels and over a vast variety of cases. The aim
was to evaluate the resources available and the distribution of power between the
judges, the prosecution, and the defense council. I collected case and data
regarding my topic so that I can have a clear concept. I started my internship on 02
September 2023, and went on to 30 January 2024.
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Chapter 01
INTRODUCTION:
Working with some of the most seasoned attorneys in the field was an honor I received as a law intern. I
had the chance to have a hands-on grasp of the operation of the legal system and the interpretation and
application of the law during my internship. In addition to researching and evaluating cases, I also drafted
legal documents, attended court hearings, and worked on a range of legal concerns.

The purpose of this report is to give a thorough summary of everything I experienced while working as a
legal intern. It will detail the various legal specialties I encountered, the assignments I completed, and the
abilities I honed during my internship. This report will also consider the difficulties I encountered and the
lessons I discovered.

BACKGROUND:

The Robbery Case internship is a program that provides students and recent graduates with an opportunity
to gain hands-on experience in the criminal justice system by working on a high-profile robbery case. The
program is designed to offer interns a chance to apply their academic knowledge and develop their skills
in a practical, real-world setting.

The goals of the program are twofold. First, it aims to provide valuable experience and training to interns
interested in pursuing careers in criminal justice or related fields. Second, it seeks to contribute to the
successful resolution of a robbery case by providing additional resources and support to law enforcement
and prosecutors.

Robbery cases can be complex and challenging, requiring a combination of technical knowledge,
analytical skills, and interpersonal abilities. By working on a high-profile robbery case, interns can gain a
deep understanding of the criminal justice system and develop a range of valuable professional skills.

Overall, the Robbery Case internship offers a unique and valuable opportunity for students and recent
graduates interested in pursuing careers in criminal justice. By working on a high-profile robbery case,
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interns can gain valuable experience, develop their skills, and make a meaningful contribution to the
criminal justice system.

PURPOSE:

Gaining practical experience: Legal internships offer opportunities to gain practical experience in a
real-world legal environment. It helps me to develop my legal skills, knowledge, and abilities, which are
essential for a successful career in the legal field.

Networking: Legal internships offer opportunities to network with legal professionals, including judges,
lawyers, and other legal practitioners. It helps me to establish valuable connections that can help me to
secure future employment opportunities.

Building your resume: A legal internship can be an impressive addition to my resume, as it

demonstrates me commitment to my legal career and my ability to work in a legal environment.

Learning about the legal system: Legal internships offer opportunities to learn about the legal
system and how it operates, including court procedures, legal research, and case management.

SCOPE:

As a law intern, I had the privilege to work with some of the most experienced legal practitioners in the
industry. During my internship, I had the opportunity to gain a practical understanding of how the legal
system works and how laws are interpreted and applied. I was involved in a variety of legal matters,
which included researching and analyzing cases, drafting legal documents, and attending court
proceedings. This report aims to provide a comprehensive overview of my experiences during my law
internship. It will describe the different areas of law I was exposed to, the tasks I was assigned, and the
skills I developed throughout my internship. Additionally, this report will reflect on the challenges I faced
and the lessons I learned, as well as highlighting some of the most memorable moments of my internship.
Overall, this report will provide a detailed account of my internship experience and the impact it had on
my growth as a legal profess.
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Chapter 2

Description of the Bar Association

Title Name

President Adv. Nurul Islam Dulal

Senior Vice- President Adv. Abdul Wadud

Vice-President Adv. Shamsuzzaman Moni

General Secretary Adv. Dewan Masud Korim

Joint Secretary Adv. Iqbal Hossain Tuku

Treasurer Adv. S M Shatil Ahmed

Library editor Adv. Md. Abdus satthar

Cultural editor Adv. Najmul Nahar

Office Secretary Adv. Md. Abdullah Al-Mamun

District Lawyers Association, Kushtia.

Kushtia Bar Association has 406 advocate and 300 of them has own chambers.
Conversation with the president of Bar association:

Me: Good morning, Mr. President. It's great to meet you.

President: Good morning. The pleasure is mine.

Me: Can you tell us a little bit about the Bar Association of Kushtia and its role in the legal system?

President: Of course. The Bar Association of Kushtia is a professional organization for lawyers who
practice in the district of Kushtia. We are responsible for upholding the ethics and standards of the legal
profession, promoting the interests of our members, and ensuring access to justice for all.
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Me: That's very important work. How do you see the legal system evolving in Kushtia in the coming
years?

President: We are currently facing a number of challenges in our legal system, including a backlog of
cases and a lack of resources. However, we are working to address these issues through increased
collaboration with the judiciary and government, as well as by utilizing technology to improve efficiency.

Me: That sounds promising. How does the Bar Association of Kushtia support its members?

President: We provide a wide range of services and support to our members, including continuing
education and training opportunities, access to legal resources and research, and networking opportunities
with other legal professionals. We also provide legal assistance and representation to those in need,
particularly in cases involving human rights and social justice issues.

Me: That's great to hear. What advice would you give to young lawyers who are just starting out in their
careers?

President: My advice to young lawyers would be to work hard, stay committed to their principles, and
always put the needs of their clients first. It's important to stay up-to-date with changes in the law and to
seek out opportunities for professional development. And perhaps most importantly, always act with
integrity and respect for the law.

Me: Thank you for that insightful advice, Mr. President. It was great speaking with you today.

President: Likewise. Thank you for the opportunity to share my thoughts on the legal profession in
Kushtia.
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I am with my supervisor Advocate.

Name & Title of learned judges working in Kushtia judicial

Department.

Number Of criminal Cases:

Serial no. Criminal case Number of Settlement Pending case Witness

Total Case

1 2 3 4 5 6

1 Case of 5088 06 5082 15

Session Court

2 Special 1050 01 1049 10

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tribunal

3 Special Case 20 - 20 -

4 Acid case 02 - 02 -

5 Cyber tribunal - - - -

6 Drug Case - - - -

7 Terror case 02 - 02 -

8 Anti- 11 - 11 -

corruption

cases

9 Tribunal 02 - 02 -

10 Remittance - - - -

11 Criminal 286 02 284 -

Appeal

12 Criminal 43 - 43 -

Revision

13 Criminal 138 132 06 -

Misc.

14 Total Number 6642 141 6501 25

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Number Of Civil Suit:

Seria Civil case Total Final Pending Number Number

l no. Case Settlement Suit Of of Cases
Settlement Stayed
By ADR By the
High
Court

1 2 3 4 5 6 7

1 Title and Other 11306 06 11300 - 34

types of litigation

2 Family cases 940 01 933 - -

3 Money Case 97 - 97 - -

4 Money Loan Case 208 - 208 - 01

5 S,C,C cases 72 - 72 - 07

6 Election case 08 - 08 - 02

7 Bankruptcy Case - - - - -

8 House Rent Control 409 - 409 - -

case

9 Arbitration Case - - - - -
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10 Divorce Case - - - - -

11 Wakf case - - - - -

12 TradeMark case - - - - -

13 Vested Property Case 266 - 266 - -

14 Land Survey Case - - - - -

15 Miscellanenous 1642 02 1640 07

Casse

16 Civil Appeal case 821 02 817 09

17 Civil revision case 23 - 23 01

18 Execution Of decree 861 01 860 40

Total Number 16653 12 16639 101

Chapter 3

What I have learnt:

I had the opportunity to visit a court session with my Internship Supervisor and learned lawyers. After
visiting the court session, I learned a few things.They are as-
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Understanding criminal law procedures: I have learned about the different stages of a criminal case,
including arrest, arraignment, plea bargaining, trial, sentencing, and appeals.

Legal research: As an intern, I have been asked to conduct research on various legal issues related to the
case, including statutes, case law, and legal precedents.

Case management: I have learned how to manage and organize case files, interview witnesses, gather
evidence, and communicate with clients.

Courtroom etiquette: I have gained experience in the courtroom, observing trials and hearings and
learning proper courtroom etiquette.

Ethics and professionalism: I have learned about the importance of ethical conduct and professional
behavior in the legal profession.

Communication skills: I have honed your communication skills through interacting with clients,
witnesses, and colleagues, as well as drafting legal documents and presenting arguments in court.

Collaboration and teamwork: I have worked closely with other interns, attorneys, and support staff,
learning the importance of collaboration and teamwork in a legal setting.

Professional Conduct of Advocacy: The conduct of lawyers in Bangladesh is regulated

By Bangladesh Bar Council which power is conferred by Section 48 (q) of the Legal Practitioners &
Bar Council Act, 1965 and adopted by a resolution of the Bar Council on the 5th January, 1969.] [Vide
Article 44 (g)].

According to this Act Advocates Conduct with Regard to Other Advocates shall be as follows:

1. It is the duty of every Advocate to uphold at all times the dignity and high standing of his
profession, as well as his own dignity and high standing as a member thereof.
2. An Advocate shall not solicit professional employment by advertisement or by any other means.
This clause shall not be constructed as prohibiting the publication or use of ordinary professional
cards, name plates or conventional listings in directories, so long as the information contained
therein is limited to professional and academic qualifications and public offices currently held,
and does not contain any matter which savors of personal advertisement.
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3. An Advocate shall not employ any other person to solicit or obtain professional employment nor
remunerate another for soliciting or obtaining professional employment for him; nor shall he
share with an unlicensed person any comprehension, arising out of or incidental to professional
employment, nor shall he aid or abet an unlicensed person to practice law or to receive
compensation thereof; nor shall he knowingly accept professional employment offered to him as
a result of or as incidental to the activities of an unlicensed person.
4. An Advocate shall not communicate about a subject of controversy with a party represented by an
Advocate in the absence and without the consent of such Advocate.
5. An Advocate shall not, in the absence of the opposing counsel communicate with or argue before
a judge or judicial officer except in open court and the merits of a contested matter pending
before such judge or judicial officer, nor shall he, without furnishing the opposing Advocate with
a copy thereof, address a written communication to a judge or judicial officer concerning the
merits of a contested matter pending before such judge or judicial officer. This rule shall not
apply to expert matters or in respect of matters not sub-judice before the judge or judicial officer
concerned.
6. A client’s proffer of assistance of additional Advocate/s should not be regarded as evidence of
want of confidence but the matter should be left to the determination of the client. An Advocate
should decline association as a colleague unless the dues of the Advocate first retained are paid.
7. Clients, not Advocates, are the litigants. Whatever may be the ill feeling existing between clients,
it should not be allowed to influence Advocates in their conduct and demeanour toward each
other or toward the parties in the case. All personal clashes between Advocates should be
scrupulously avoided, in the trail of a cause it is indecent to allude to the personal peculiarities
and idiosyncrasies of Advocates appearing on the other side. Personal colloquies between
Advocates which causes delay and promote unseemly wrangling should be carefully avoided.
8. No division of fees with any person for legal services is proper, except with another Advocate
based upon the principle of division of work as expressed in the agreement between the
Advocates.
9. Subject to the precedence of the Attorney General and the Advocate General as established by
constitutional usage and practice, it is the duty of Advocates to maintain and uphold the order of
precedence in accordance with the Roll of Advocate maintained by the Bar Council.
10. Junior and younger members should always be respectful to senior and older members. The latter
are expected to be not only courteous but also helpful to their junior and younger brethren at the
Bar.
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11. Where more than one Advocate is engaged on any side it is the right of the senior member to lead
the case and the junior members to assist him.

Overall, an internship in criminal law can provide valuable hands-on experience and a deeper
understanding of the legal system and the criminal justice process.

Client interview:

Client: Hi, I want to file a criminal case. Can you help me with the process?

Me: Sure, I'd be happy to help. Can you tell me a bit more about your situation and what kind of case you
want to file?

Client: Well, I was robbed at gunpoint a few days ago. I want to press charges against the person who did
it.

Me: Okay, that's a serious offense. Before we get started, it's important to note that I'm not a lawyer and
cannot provide legal advice. However, I can give you some general information on the process of filing a
criminal case.

Client: Okay, that's fine. What do I need to do?

Me: The first step is to report the crime to the police. They will investigate the incident and gather
evidence that can be used in court. You should also try to

provide as much information as possible, such as the description of the suspect and any witnesses who
might have seen the crime.

Client: I've already reported the crime to the police. What's next?

Me: Once the police have completed their investigation, they will turn over the evidence they have
collected to the prosecutor's office. The prosecutor will then review the evidence and decide whether or
not to file charges against the suspect.

Client: What happens if they decide to file charges?

Me: If the prosecutor decides to file charges, the suspect will be arrested and taken into custody. They
will be given a chance to plead guilty or not guilty at their arraignment hearing. If they plead not guilty,
the case will proceed to trial.
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Client: How long does the whole process take?

Me: It's hard to say exactly how long it will take, as every case is different. However, criminal cases can
often take several months or even years to resolve, especially if they go to trial.

Client: Okay, thanks for the information. Can you recommend a lawyer who can help me with my case?

Me: I'm not able to recommend specific lawyers, but you can try contacting your local bar association for
a referral. They can connect you with a lawyer who specializes in criminal defense cases

Some observations in this court:

1. My first observation is that,the District Legal Aid Office,which is very helpful to the poor people who
have no ability to bear the Court fees and other costs of case.

2. My second observation is that, the breast feeding room. This is so helpful for the mothers with baby.

3. My third observation is that, the management of purifying water,which is very important part of this
Court premises to ensure fresh drinking water to the justice seekers.

4. My fourth observation is that, the lengthy process of suit. Due to the long process, justice is
obstructed.
5.My fifth observation is that, There is a shortage of seats to sit for the justice seekers during the court
running.

Some Problem & Solution:

Problem 1: Delay in Justice Delivery

Solution: Introducing Technology: Introducing technology in the judicial system, such as case
management systems, e-filing, and video conferencing, can significantly reduce delays in the justice
delivery system.

Problem 2: Corruption
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Solution: Stronger Accountability Mechanisms: To reduce corruption in the judicial system, stronger
accountability mechanisms must be put in place, such as independent oversight bodies and stricter
punishment for those involved in corrupt practices.

Problem 3: Lack of Legal Aid

Solution: Increased Access to Legal Aid: To ensure access to justice for all, the government must
increase funding for legal aid programs, expand the reach of legal aid clinics, and encourage pro bono
legal services.

Problem 4: Inefficient Administration

Solution: Streamlining Administration: The judicial system in Bangladesh needs to streamline its
administrative processes by introducing modern technology, simplifying procedures, and enhancing the
capacity of judicial staff.

Problem 5: Overcrowding of Prisons

Solution: Alternatives to Incarceration: The government needs to explore alternatives to incarceration,
such as community service and probation, to reduce overcrowding in prisons. Additionally, there must be
a focus on improving the conditions of existing prisons and building new ones to accommodate the
increasing number of inmates.

Problem 6: Lack of Diversity

Solution: Diversifying the Judiciary: The judiciary in Bangladesh is largely dominated by men from
urban areas. To promote diversity, there must be efforts to recruit judges from different regions,
backgrounds, and genders. This can be achieved by setting diversity targets and increasing the
representation of underrepresented groups in the judiciary

Chapter 4
Analysis
All Courts in Bangladesh:

Description of court room

Court - A court is an institution that the government sets up to settle disputes through legal process. People come to
court to resolve their disagreements. According to section 3 of The Evidence Act, 1872 court includes all judges and
magistrates and all persons except arbitrators, legally authorized to take evidence.
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Structure of the court room

The Court room is a hall consisting of a raised pavilion which has a podium for the honorable Judge with
his Reader and Steno sitting on either side on the same podium. On a pavilion comparatively lower to that
of the Judge there is a witness and an accused box but as informed is not being used. In between the two
boxes the typist sits who types all the statements made by the
witnesses. The prosecutor and the defense counsel stand on the bench near the typist. Between the two
counsels stands the witness and the accused stands beside the accused box. There is a Naib court helping
the prosecutor standing just beside him. The public attending the trial have seats provided behind the
bench where the two counsels stand. There are cupboards in the court room to keep all the case files being
tried in the court. Even the case properties and other registers maintained in the court by the different
judicial officers. The Judiciary of Bangladesh acts through the (1) The Superior Judiciary having
Appellate, Revision & Original Jurisdiction & (2) Sub-Ordinate Judiciary having Original Jurisdiction.

THE SUPREME COURT:

Bangladesh Supreme Court is the highest court of Bangladesh, have two divisions:

– Appellate Division (AD)

– High Court Division (HCD)

THE APPELLATE DIVISION (AD):

Appeal to the Appellate Division from the judgment, decrees, order and sentences made by the High
Court Division are to be filed directly for the following reasons-

(i) If there is a substantial question of law as to the interpretation of the constitution and HCD certifies it;

(ii) If the HCD confirms sentenced to death or imprisonment for life;

(iii) If HCD punishes for contempt of court cases; except the above mentioned cases you have to file a
leave to appeal and it is the discretionary power of the court to accept/grant or reject the appellate
petitions.

THE HIGH COURT DIVISION (HCD):

The HCD shall have appellate jurisdiction from the lower Courts. HCD can also exercise the power of
original jurisdiction in certain cases such as
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i) Admiralty matters, ii) Company matters, iii) Writ Jurisdiction.

SUB-ORDINATE CIVIL COURTS:

The following five civil courts exist in general hierarchy:

District Judge Court: It has original, appellate, revisional, transfer, review and reference jurisdiction. If
suit valuation is more than Tk. 5 crores then appeal/revision lies to the HCD;

Additional District Judge Court: It has same powers as to the District Judge but can exercise his power
only if the District Judge refers any matter to him;

Joint District Judge Court: It has jurisdiction if the suit valuation is from BDT 25,00,001 up-to
unlimited;

Senior Assistant Judge Court: It has jurisdiction if the suit valuation is from BDT 15,00,001 up-to BDT
25,00,000;

Assistant Judge Court: It has jurisdiction if the suit valuation is less than BDT 15,00,000.00.

SUB-ORDINATE CRIMINAL COURTS:

Sub-ordinate Criminal courts are sub-divided into two categories:

SESSIONS COURT:

There are three session courts in district level (i.e. out of the Metropolitan areas);

District Session Judge Court: Original, appellate, revision, transfer and reference jurisdiction; and can
pass any judgment and try any cases but death sentence must be confirmed by the HCD;

Additional District Session Judge Court: No original jurisdiction; and can try cases referred by the
District session judge court;

Joint District Session Judge Court: can pass sentence up-to ten years imprisonment.
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Accordingly in the Metropolitan areas there are three Metropolitan Session courts;

1. Metropolitan Session Judge Court

2. Additional Metropolitan Session Judge Court
3. Joint Metropolitan Session Judge Court

These Courts have the same jurisdiction as their counterparts have in session courts; but their territorial
jurisdiction is limited only in the metropolitan areas.

MAGISTRATE COURT:

Magistrate courts are of two kinds,

(a) Executive Magistrate: Is mainly an administrative Magistrate, holds the limited trial power in
Mobile Courts generally.

(b) Judicial Magistrate:

There are four types of Judicial Magistrate courts in district level;

Chief Judicial Magistrate Court:The highest court of the Magistracy. Can usually take cognizance of
any criminal offence and punish the offender up to 5 years imprisonment and ten thousand taka.

Additional Chief Judicial Magistrate Court: Can exercise a case as referred by the Chief Judicial
Magistrate.

Senior Judicial Magistrate Court: It is a 1st class Magistrate’s court, can usually sentence a punishment
of 5 years’ imprisonment and 10,000 taka fine.

Judicial Magistrate Court: It is a 2nd or 3rd class Magistrate’s court. 2nd class Magistrates can inflict a
punishment of 3 years imprisonment and BDT 5,000 fine and 3rd class Magistrates can give a punishment
of 2 years imprisonment and BDT 2,000 fine.
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Accordingly in the Metropolitan areas there are three Metropolitan Magistrate courts;

1. Chief Metropolitan Magistrate Court

2. Additional Metropolitan Session Judge Court
3. Metropolitan Magistrate Court

All Metropolitan Magistrates are 1st class Magistrate.

These Courts have the same jurisdiction as their counterparts have in Judicial Magistracy; but their
territorial jurisdiction is limited only in the metropolitan areas.

SPECIAL COURTS:

Labour Courts: Labour Court deals with cases arising from labour disputes.

Administrative Tribunals: Administrative Tribunals exercise its power regarding service disputes of
public servants.

Income Tax Appellate Tribunals: Income Tax Appellate Tribunals exercise its power regarding income
tax disputes, custom and excise matters. VAT Appellate Tribunals decide disputes regarding custom and
excise duties and VAT.

Money Loan Courts: Artha Rin Adalats decide money claims of banks and other financial institutions.

Insolvency Courts: Insolvency Courts declare defaulting borrowers as insolvent.

Stages of Criminal proceeding:

Initial Stage
26

Proceeding Stage

Proceeding Stage includes the following steps:

● Taking Cognizance
● Issuing Process
● Transfer of the Case

Trail Stage

Trail Stage includes the following steps:

● Framing of Charge
● Plea & Conviction
● Hearing/Taking Evidence/Examination Etc.
● Judgment

Criminal Cases are tried before the Judicial Magistrate and/or the Session Judge court as per their nature
and procedure.

Trail By Magistrate:

● Section 241 of CrPC: Procedure in Cases.

● Section 241A of CrPC: When accused shall be discharged.
● Section 242 of CrPC: Charge to be framed.
● Section 243 of CrPC: Conviction on admission of truth of accusation
● Section 244 of CrPC: Procedure when no such admission is made.
● Section 245 of CrPC: Acquittal or Sentence
● Section 247 of CrPC: Non-appearance of Complainant
● Section 2418 of CrPC: Withdrawal of Complaint
● Section 249 of CrPC: Power to stop proceedings when no complainant.

Trail Stage

Trail Stage includes the following steps:

● Framing of Charge
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● Plea & Conviction

● Hearing/Taking Evidence/Examination Etc.
● Judgment

Criminal Cases are tried before the Judicial Magistrate and/or the Session Judge court as per their nature
and procedure.

1. Trail By Magistrate:

● Section 241 of CrPC: Procedure in Cases.

● Section 241A of CrPC: When accused shall be discharged.
● Section 242 of CrPC: Charge to be framed.
● Section 243 of CrPC: Conviction on admission of truth of accusation
● Section 244 of CrPC: Procedure when no such admission is made.
● Section 245 of CrPC: Acquittal or Sentence
● Section 247 of CrPC: Non-appearance of Complainant
● Section 2418 of CrPC: Withdrawal of Complaint
● Section 249 of CrPC: Power to stop proceedings when no complainant.

2. Trail by Court of Session:

● Section 265A of CrPC: Trail to be conducted by Public Prosecutor

● Section 265B of CrPC: Opening Case for Prosecution
● Section 265C of CrPC: Discharge
● Section 265D of CrPC: Framing Charge
● Section 265E of CrPC: Conviction of Plea of Guilty
● Section 265F of CrPC: Date for prosecution evidence
● Section 265G of CrPC: Evidence of Prosecution
● Section 265H of CrPC: Acquittal
● Section 265I of CrPC: Entering upon Defence
● Section 265J of CrPC: Arguments
● Section 265K of CrPC: Judgment of Acquittal or Conviction

Post Trail State

Post Trail Stage includes the following Step:

● Execution of Sentence
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Post Trail State

Post Trail Stage includes the following Step:

● Execution of Sentence

Appeal:
An appeal is an application to the upper court when any party is aggrieved by any judgement or order by
a lower court. In criminal matters appeal is also known as Petitioner of Appeal [u/s 419 of the code]. An
appeal is acceptable on the matter of “question of fact” and “question of law”.

Criminal Appeal
A criminal appeal is an appeal on the criminal matter to the higher court, these criminal matters can be
classified into three categories, and they are as follows;

1. Appeal on matters other than a sentence: where any party of any criminal case is aggrieved on
any decision of a court and want it to be changed.
2. Appeal against sentence: where any aggrieved party believes that the given punishment is less or
more than what it should be.

Appeal on matters other than a sentence:

In this case, we may call them Order as most of them are orders by a court by which a party of the case
got aggrieved, the are as follows.

▪ No provision, no appeal: The general rule is an appeal can only lie as “as of right” when it is
mentioned in any provision of law. This guideline is given under section 404 of the code of criminal
procedure, 1898. On the other hand, there is another option to present an appeal before High Court
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Division of Supreme Court but in that case, this is not the right of the petitioner, rather a privilege,
the court will decide whether the case should be taken or not, this type of appeal is known as leave to
appeal.
▪ Matters of section 89: When under section 89 an application lies before a court to return the
attached property and that application gets rejected then an appeal can lie against that rejection.
[section 405]
▪ Matters of section 118: An appeal can lie against any order for Bond for peace under section 118
[section 406]
▪ Matters of section 112: When a person is aggrieved by an order that refusing to accept or reject a
surety under section 122, may appeal against such an order under section 406A of the code.
▪ Special appeal right: When one co-accused gets the right to appeal by means of leave to appeal
then other co-accused gets the same right considering that as a special ground. As mentioned
under section 415A of the code.

Where to appeal
For the above-mentioned procedure appeal lies:

▪ From Chief metropolitan magistrate, chief judicial magistrate, district magistrate to session judge.
▪ From metropolitan magistrate to chief metropolitan magistrate
▪ From any executive magistrate to district magistrate

Appeal against any sentence

▪ From Second class and Third class magistrate to Chief judicial magistrate. [section 407]
▪ From the First-class magistrate and from Joint session judge to Session judge,
▪ but, if joint session judge Convict any person for 5 or more years or under section 224 then the
Appeal shall lie to the High court division of the supreme court. [section 408]
▪ When appeal lies before the session court, the session court himself can try the case or it can also be
sent to Additional session judge as mentioned under section 409.
▪ From Session Court or Additional session court apple lies to the High court division of Bangladesh
Supreme Court. [section 410]
Appeal against acquittal
Who can file such appeal?
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1.By public prosecutor: against any order of punishment or acquittal, within six months. the public
prosecutor can file an appeal up to two times; this is also known as the second appeal.
▪ Second Appeal:
▪ When an appeal is made against an acquittal of a magistrate and files an appeal to the session
court is considered as a first appeal. Being aggrieved when the public prosecutor file another

application against the decision of the session court to the High Court Division of the
Supreme Court is known as the second appeal.

2.By the complainant: A complainant can appeal against an acquittal within 60 days of such order.As
per section 417 of the code of criminal procedure, 1898
Appeal against inadequate sentence:
The public prosecutor or the party of the compliant can appeal against any inadequate sentence to the
High Court Division of Supreme Court within 60 days. [section 417A]
Where no appeal is permitted
There are some situations where appeal is not permitted.

▪ When a person pleads guilty then no appeal lies against that guilty plea but the appeal can be
presented where there is a question of law. As mentioned in section 412 of the code.
▪ No appeal lies in petty cases where the punishment is not more than one-month imprisonment or
where the fine does not exceed 50 takas. [Section 413]
▪ No appeal from certain summary conviction where the fine does not exceed 200 takas. [Section 414]
Some general procedure of criminal appeal:
What to do when the appellant is in jail?
▪ The appellant may present his petition of appeal and the other documents via the officer in charge of
the jail. [Section 420]
Procedure after the appeal is received
▪ The appellate court if considers that there is no sufficient ground shall dismiss that appeal. [ Section
421]
▪ If the appellate court does not dismiss the appeal then the court will provide notice to the
government to take necessary steps and to be present on the time of appeal hearing. [Section 422]
Powers of the appellate Court to dispose of such appeal:
▪ After hearing the appeal the court may, Dismiss the appeal or keep the same judgment or can
change, reserve, enhance the punishment. [Section 423]
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Hope this conclusive idea with the easy explanation will help the readers to have a compact idea of
Criminal appeal under Code of Criminal Procedure, 1898.

Internship Programme & My Topic:

In the internship programme, my topic was Robbery case. Now I am going to briefly discuss about
robbery.
Robbery

390. In all robbery there is either theft or extortion.

When theft is robbery-

Theft is "robbery" if, in order to the committing of the theft, or in committing the theft, or in carrying
away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily
causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of
instant hurt, or of instant wrongful restraint.

When extortion is robbery-

Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the
person put in fear, and commits the extortion by putting that person in fear of instant death, instant hurt,
or of instant wrongful restraint to that person, or to some other person, and, by so putting in fear, induces
the person so put in fear then and there to deliver up the thing extorted.

Explanation.-The offender is said to be present if he is sufficiently near to put the other person in fear of
instant death, of instant hurt, or of instant wrongful restraint.

Case Study:
NILUFAR BEGUM VS MUJIBUL KHANDAKER & OTHERS
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IN THE COURT OF SADAR SENIOR JUDICIAL MAGISTRATE, KUSHTIA

CASE NO-04/2019

NAME OF THE PARTIES:

NILUFAR BEGUM --------- COMPLAINANT

VS

MUJIBUL KHANDAKER & OTHERS--------- ACCUSED

Relevant Provision: Under section 394 & 412 of Penal Code, 1860.

Fact in short:

According to the police report, the accused of this case was arrested after performing
robbery.Some desi weapons and other ingredients were found in their possession while arrested.
During interrogation by the police, the accused named other persons who were involved with him.

Day 1:

Date: 17/09/2022

Date fixed for Hearing.

My observation: Accused’s relatives came to my intern firm and discussed the matter with

my senior.

My participation: I heard the facts and tried to understand the matter.

My learning: How to prepare me to defend the accused.

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CASE RELATED DOCUMEN

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THE CASE IS STILL UNDER TRIAL.

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Chapter 5
My Opinion to this court visit & Recommendation for Visitors:

I am a (Hon’s) final year student of Law and Management Department of Islamic University. For the
Internship and Moot Court Exercise course, permission is obtained from the course teacher to court visit.
Which will help us in gaining knowledge. So I visited Kushtia District and Sessions Court under a Senior
Advocate. Kushtia Court is about 24 km away from Islamic University.I used university buses for going
to court.By visiting court I have learned about what I had a misconception about the law.By observing the
proceedings in the court, it seems to me that the court is a place of service. So I was very impressed by
the Court visit.

Court Visit Tips:

Research the courthouse and dress appropriately: Find out the location of the court house, the
courtroom number, and the time of your hearing. Dress in formal attire, such as a suit or dress, to show
respect for the court.

Arrive early: Arrive at the courthouse at least 30 minutes before your scheduled hearing to allow for
enough time to go through security and find the correct courtroom.

Be prepared with your case information: Bring any documents related to your case, such as court
filings or evidence, and have a clear understanding of the legal issues at hand.

Show respect for the judge and court personnel: Address the judge as "Your Honor" and be polite and
respectful to court personnel, including the clerk and bailiff.

Listen carefully and speak clearly: Pay attention to what the judge and opposing counsel say, and speak
clearly and concisely when it is your turn to speak.

Follow courtroom rules: Follow all courtroom rules, such as turning off your cell phone, not eating or
drinking, and not interrupting others while they are speaking.
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Remember that a court visit can be a stressful experience, but it is important to remain calm and
respectful at all times.

Conclusion:

In conclusion, my legal internship at the District and Session Judge Court in Kushtia has been a valuable
and enriching experience. During my time there, I had the opportunity to observe court proceedings and
witness firsthand the inner workings of the legal system. I was able to assist judges and lawyers in various
tasks, including conducting legal research, drafting legal documents, and preparing case files.

Through this internship, I gained a deeper understanding of the legal system in Bangladesh and the
challenges faced by lawyers, judges, and litigants. I also learned about the importance of communication
and collaboration among legal professionals in ensuring justice is served.

Overall, this internship has helped me to develop important legal skills and has provided me with a
practical understanding of the legal profession. I am grateful for the opportunity to have worked at the
District and Session Judge Court in Kushtia and look forward to using the knowledge and experience
gained during my internship to further my legal education and career.

Chapter 6

Bibliography:

● Islam, Dr. Gazi Sirajul, A Commentary on the Code of Criminal Procedure: Dhaka:

Sufi Prokashoni: 3rd Edition, 2019.

● Hasan, Dr. Mohammad Jeaul, A Commentary on the Penal Code: Dhaka: Sufi

Prokashoni: 2nd Edition, 2017.

● Information from Kushtia Bar Association.

● Information from Kushtia district Legal Aid office.

WEBSITES:
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● https://www.pathlegal.in
● https://barristermunim.wordpress.com
● https://lawhelpbd.com