Parochial predicaments of criminal justice system in Bangladesh: Towards alternatives

Abstract

This thesis entitled ‘Parochial Predicaments of Criminal Justice System in Bangladesh: Towards Alternatives’ scrutinises major loopholes in procedural laws and institutional mechanism on criminal matters which are unable to answer the present day requirements and suggests that they need to be over- hauled, reviewed and updated to make them relevant to face the challenges of a modern society so far it relates to criminal justice system in Bangladesh. Be that as it may, this study is not comprehensive or conclusive; rather it has left some scope for change, alteration, addition, revision and delectation through further research, if necessary. The study commences with in-depth analysis of all the fundamental principles of criminal jurisprudence, including the constitutional provisions relating to criminal jurisprudence and suggests some conspicuous modifications and amendments of existing laws in order to do away with the parochial predicaments which undermine the existing criminal justice of Bangladesh. The thesis next critically examines in the light of fundamental principles and aspects of criminal jurisprudence as to whether there is a need to re-cast the Code of Criminal Procedure to bring them in tune with the demand of the times and in harmony with the aspirations of the common people of Bangladesh. In other words, it brings all feasible and hidden obstacles in light and finds out the mechanism for surmounting those impediments to ensure speedy, inexpensive, unpolluted justice for the prosecution, victim and as well as accused persons who were falsely implicated in a criminal case. This thesis eventually negates the longstanding concept that ten guilty persons may be acquitted than one innocent be punished and reveals that no innocent be punished and no perpetrators be escaped from criminal liability and thereby evolves a device to catch and punish the criminals who commit offence with impunity. In fact, this thesis divulges the flaws of century old investigation and trial system of criminal justice and makes some pragmatic suggestions which can help assisting the policy makers and legislators to update the investigation and trial system of criminal justice to suite with need of the socio-economic perspective of the 21st century.