Legal Glossary — Bangladesh Law Terms

Legal Glossary – Your Guide to Bangladeshi Law

Understanding the complex legal landscape of Bangladesh can be challenging. This comprehensive legal glossary provides clear, concise definitions of key legal terms, helping you navigate the intricacies of the Bangladeshi legal system.

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Key Legal Concepts in Bangladesh

This section delves into fundamental legal terms frequently encountered in the Bangladeshi judicial system. Each definition is crafted to provide clarity and context, making legal jargon accessible to everyone from law students to general citizens.

Legal Glossary A-Z

Acquittal

In the legal system of Bangladesh, an acquittal signifies a court’s formal finding that a defendant is not guilty of the charges brought against them. This can occur after a trial where the prosecution fails to prove guilt beyond a reasonable doubt, or if the court determines there is insufficient evidence to proceed. An acquittal ensures that the individual cannot be tried again for the same offense, upholding the principle of double jeopardy.

Act (আইন – ain)

An Act refers to a law passed by the Parliament of Bangladesh through the complete legislative process. These are primary pieces of legislation that govern various aspects of society, from criminal justice to civil rights. Examples include the Penal Code 1860 and the Contract Act 1872, which form the bedrock of Bangladeshi jurisprudence.

Affidavit (হলফনামা – holofnama)

An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. In Bangladesh, affidavits are commonly used as evidence in court proceedings, for property transactions, and in various administrative matters, ensuring the veracity of declared facts.

Appeal (আপিল – apil)

An appeal is an application to a higher court for a review of a decision made by a lower court. This process allows for the correction of errors in law or fact that may have occurred during the initial trial. The appellate system in Bangladesh, comprising the High Court Division and the Appellate Division of the Supreme Court, ensures judicial oversight and fairness.

Bail (জামিন – jamin)

Bail refers to the temporary release of an accused person from custody, often on the condition that a sum of money is deposited or a surety is provided, guaranteeing their appearance in court. The granting of bail in Bangladesh depends on the nature of the offense, with non-bailable offenses requiring judicial discretion, as outlined in the Code of Criminal Procedure.

Case (মামলা – mamla)

A case, or mamla, denotes a legal dispute brought before a court for resolution. Cases can be civil, involving disputes between individuals or organizations, or criminal, involving offenses against the state. The judicial system in Bangladesh handles a wide array of cases, from family matters to complex commercial litigation.

Constitution (সংবিধান – songbidhan)

The Constitution of the People’s Republic of Bangladesh is the supreme law of the country. Adopted in 1972, it establishes the framework for the government, defines the powers of its various branches, and guarantees the fundamental rights of citizens. It is the ultimate legal authority, and all other laws must conform to its provisions.

Defamation (মানহানি – manhani)

Defamation involves making a false statement about another person that harms their reputation. In Bangladesh, defamation can be a civil wrong (tort) for which damages can be sought, or a criminal offense under the Penal Code. The law aims to protect individuals from unwarranted attacks on their character and standing in society.

Divorce (তালাক / বিবাহবিচ্ছেদ – talak / bibahobichchhed)

Divorce, or the legal dissolution of a marriage, is governed by personal laws in Bangladesh, primarily Muslim Family Laws Ordinance 1961 for Muslims, and other respective laws for Hindus and Christians. It outlines the procedures and grounds upon which a marriage can be legally terminated, addressing issues such as dower, maintenance, and child custody.

Evidence (সাক্ষ্য – sakkho)

Evidence refers to the information presented in court to prove or disprove a fact in issue. This can include witness testimony, documents, and physical exhibits. The Evidence Act 1872 governs the admissibility and weight of evidence in Bangladeshi courts, ensuring that judicial decisions are based on reliable and relevant information.

FIR (এজাহার – ejahar)

An FIR, or First Information Report, is the initial document prepared by the police when they receive information about the commission of a cognizable offense. It marks the formal beginning of a criminal investigation in Bangladesh and is a crucial piece of evidence in subsequent legal proceedings.

Fundamental Rights (মৌলিক অধিকার – moulik odhikar)

Fundamental Rights are basic human rights guaranteed to the citizens of Bangladesh by Part III of the Constitution (Articles 26–47A). These rights, including freedom of speech, assembly, and movement, are enforceable by the Supreme Court and are considered inviolable, forming the cornerstone of individual liberty.

Habeas Corpus (হেবিয়াস কর্পাস – hebias corpus)

Habeas Corpus is a writ (a legal order) requiring a person under arrest to be brought before a court or judge, especially to secure the person’s release unless lawful grounds are shown for their detention. In Bangladesh, it is a vital constitutional remedy under Article 102, safeguarding individual liberty against unlawful detention.

Jurisdiction (এখতিয়ার – ekhtiyar)

Jurisdiction refers to the authority of a court or other legal body to hear and decide cases. In Bangladesh, jurisdiction can be territorial, pecuniary, or subject-matter based, determining which court is competent to adjudicate a particular dispute. Understanding jurisdiction is crucial for initiating legal proceedings correctly.

Lawyer (আইনজীবী – ainjibi)

A lawyer, or ainjibi, is a licensed legal professional who provides legal advice and represents clients in court. In Bangladesh, lawyers are regulated by the Bangladesh Bar Council and play a critical role in upholding justice, ensuring fair representation, and assisting individuals and organizations in navigating the legal system.

Ordinance (অধ্যাদেশ – oddadesh)

An Ordinance is a law issued by the President of Bangladesh when the Parliament is not in session. These laws have the same force and effect as an Act of Parliament but must be laid before Parliament and can be repealed or amended by it. Ordinances are typically used to address urgent matters that require immediate legal action.

Penal Code (দণ্ডবিধি – dondabidhi)

The Penal Code 1860 is the primary criminal law in Bangladesh, defining various offenses and prescribing punishments for them. It covers a wide range of criminal acts, from murder and theft to fraud and defamation, forming the backbone of the country’s criminal justice system.

Plaintiff (বাদী – badi)

A plaintiff, or badi, is the person who initiates a civil case or lawsuit against another party. In civil litigation in Bangladesh, the plaintiff seeks legal remedy, such as monetary damages or an injunction, from the court to address a wrong or injury they have suffered.

Remand (রিমান্ড – rimand)

Remand is a court-ordered extension of custody for an accused person, typically granted to allow for further police investigation. In Bangladesh, remand is a contentious issue, with strict legal guidelines to prevent its misuse and ensure the rights of the accused are protected during the investigative process.

Section (ধারা – dhara)

A Section, or dhara, refers to a numbered division of a law or statute. It is the basic unit of legislation, used to organize and categorize legal provisions. When citing laws in Bangladesh, specific sections are referenced to pinpoint the exact legal principle or rule being discussed.

Summons (সমন – somon)

A summons is a formal court order requiring a person to appear before it, either as a defendant, a witness, or to produce documents. In Bangladesh, summonses are issued to ensure the presence of relevant parties in legal proceedings, facilitating the administration of justice.

Verdict (রায় – ray)

A verdict, or ray, is the final decision made by a court or jury in a case after hearing all the evidence and arguments. In Bangladesh, judges deliver verdicts in both civil and criminal cases, determining the guilt or innocence of the accused or the rights and liabilities of parties in a civil dispute.

Writ (রিট – rit)

A Writ is a formal written order issued by a court, typically the High Court Division of the Supreme Court of Bangladesh, under Article 102 of the Constitution. Various types of writs, such as Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto, serve as powerful tools for enforcing fundamental rights and ensuring governmental accountability.

Witness (সাক্ষী – sakkhi)

A witness, or sakkhi, is a person who gives evidence in court based on what they have seen, heard, or know. Their testimony is crucial in establishing facts and proving or disproving claims in legal proceedings in Bangladesh. The credibility of a witness is often subject to cross-examination by opposing counsel.

Further Resources and Assistance

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Disclaimer: This glossary is for informational purposes only and does not constitute legal advice. Always consult with a qualified legal professional for specific legal concerns.