An Act to repeal and re-enact, with certain amendments, the [Criminal Law] Amendment Act, 1948. WHEREAS it is expedient to repeal and re-enact, with certain amendments, the 1Criminal Law Amendment Act, 1948, providing for the more speedy trial and more effective punishment of certain offences; It is hereby enacted as follows:-
(1) This Act may be called the 2Criminal Law Amendment Act, 1958.
(2) It extends to the whole of Bangladesh and applies to all citizens of Bangladesh and public servants wherever they may be.
(3) It shall come into force at once.
In this Act, unless there is anything repugnant in the subject or context,-
3 * 4 (aa) “Commission” means Anti-Corruption Commission established under দুর্নীতি দমন কমিশন আইন, ২০০৪ (২০০৪ সনের ৫নং আইন) 5 (b) “public servant” means a public servant as defined in section 21 of the Penal Code (Act XLV of 1860), and includes a Chairman, Director, Trustee, Member, Commissioner, officer or other employee of any local authority, statutory corporation or body corporate or of any other body or organisation constituted or established under any law; 6 (bb) “Schedule” means Schedule of this Act;(1) The Government shall, by notification in the official Gazette, appoint as many Special Judges as may be necessary to try and punish offences specified in the Schedule.
7(2) No person shall be appointed a Special Judge unless he is or has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge 8 *.(1) A Special Judge shall have jurisdiction within such territorial limits as may be fixed by the Government by notification in the official Gazette and may take cognizance of any offence committed or deemed to have been committed within such limits and triable under this Act upon receiving a complaint of facts which constitute such offence or upon a report in writing of such facts made by any police officer.
(2) Where two or more Special Judges have jurisdiction, wholly or partly in the same territorial limits, the Government shall, by notification in the official Gazette, declare one of them to be the Senior Special Judge for that area 9; and, notwithstanding anything contained in sub-section (1), such Senior Special Judge shall have exclusive jurisdiction to take cognizance of all offences triable under this Act committed or deemed to have been committed within that area.
(3) An offence shall be tried by the Special Judge within the territorial limits of whose jurisdiction it was committed or deemed to have been committed, or where there are more Special Judges than one having jurisdiction within the same territorial limits, 10by the Special Judge to whom the case is transferred by the Senior Special Judge:
Provided that the Senior Special Judge may, by order in writing, transfer, at any stage of the trial, any case from the Court of one Special Judge to the Court of another Special Judge having jurisdiction within the same territorial limits.
(4) When an offence triable under this Act is committed outside Bangladesh, it shall, for the purposes of this Act, be deemed to have been committed within the territorial limits of the jurisdiction of the Special Judge in which the person 11committing the offence is found or was ordinarily residing before he left Bangladesh.
12(5) A Special Judge may pass any sentence authorised by law, except-(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, or in any other law, the offences specified in the Schedule shall be triable exclusively by a Special Judge.
(2) [Omitted by section 5 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004).]
(3) [Omitted by section 6 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978).]
(4) [Omitted by section 5 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004).]
(5) In respect of cases transferred to a Special Judge under 14 15 section 4 16 *, such Judge shall not, by reason of the said transfer, be bound to recall and rehear any witness who has given evidence in the case before transfer and may act on the evidence already recorded by or produced before the court which tried the case before the transfer.
(6) For the purpose of trial 17under this Act, a Special Judge may, in any case where he deems it necessary, order an investigation by 18the Commission.
(7) When trying an offence under this Act a Special Judge may also charge with and try other offences not so triable with which the accused may, under the provisions of the Code of Criminal Procedure, 1898, relating to the joinder of charges, be charged at the same trial.
(3) The provisions of Chapter XX of the Code of Criminal Procedure, 1898, shall apply to trial of cases under this Act in so far as they are not inconsistent with the provisions of this Act.
(4) Notwithstanding anything contained in this Act, the Special Judge may convict the accused of any offence which from the facts admitted or proved he appears to have committed.
(5) [Omitted by section 6 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004).]
25 *(6) [Omitted by section 6 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004).]
(7) The previous statements of witnesses to be examined for the prosecution at the trial shall be supplied to the accused at least one week before the commencement of the trial.
(1) When any person is charged before a Special Judge with an offence triable under this Act, the fact that such person or any other person through him or on his behalf, is in possession, for which he cannot satisfactorily account, of pecuniary resources, or property disproportionate to his known sources of income, or that such person has, on or about the time of offence with which he is charged, obtained an accretion to his pecuniary resources or property for which he cannot satisfactorily account, may be proved, and may be taken into consideration by the Special Judge as a relevant fact in deciding whether he is guilty of the particular offence with which he is charged.
(2) Where in any trial before a Special Judge of an offence punishable under sections 161 to 165 of the 26Penal Code, it is proved that an accused person has accepted or obtained, or has agreed to accept or attempted to obtain, for himself or for any other person, any gratification (other than legal remuneration) or any valuable thing, or any pecuniary advantage from a person or the agent of a person, for any favour shown or promised to be shown by the accused person, it shall be presumed, unless the contrary is proved, that he accepted or obtained, or agreed to accept or attempted to obtain, that gratification, or that valuable thing, or pecuniary advantage to himself or some other person, as the case may be, as a motive or reward such as is mentioned in sections 161, 162 and 163 of the 27Penal Code, or, as the case may be, without consideration, or for a consideration which he knows to be inadequate.
(3) Where in any trial of an offence punishable under section 165A of the 28Penal Code, it is proved that any gratification (other than legal remuneration) or any valuable thing has been given or offered to be given or attempted to be given by an accused person, it shall be presumed unless the contrary is proved that he gave or offered to give or attempted to give the gratification or valuable thing, as the case may be, as a motive or reward such as is mentioned in section 161 of the said Code or, as the case may be, without consideration or for a consideration which he knew to be inadequate.
(4) Notwithstanding anything contained in sub-sections (2) and (3), the Court may decline to draw the presumption referred to in either of the said sub-sections, if the gratification or thing aforesaid is, in its opinion, so trivial that no inference of corruption may fairly be drawn.
A Special Judge, unless he otherwise decides, shall not be bound to recall or rehear any witness, whose evidence has already been recorded, or to re-open proceedings already held, but may act on the evidence already produced or recorded and continue the trial from the stage which the case has reached.
When any person charged before a Special Judge with an offence triable under this Act is found guilty of the offence the Special Judge shall, notwithstanding anything contained in any other law, whether or not he imposes a sentence of imprisonment, impose a sentence of fine which shall not be less than the gain found to have been derived by the accused by the 29commission of the offence and may also order confiscation of the whole or any part of the property of the accused to the Government.
(1A) The Court to which an appeal lies under sub-section (1) shall also have powers of revisions.
(2) Notwithstanding the provisions of section 417 of the Code of Criminal Procedure, 1898, in any case tried by a Special Judge appointed by the Government under section 3, in which such Special Judge has passed an order of acquittal, 32the Commission may direct the Public Prosecutor to present an appeal to such Court as aforesaid.
(3) The 33High Court Division shall have authority to transfer any case from the Court of a Special Judge to the Court of another Special Judge:
Provided that notwithstanding anything contained in section 526 of the Code of Criminal Procedure, 1898, the Special Judge from whose Court a transfer is desired, shall not be bound to adjourn the case, but if he rejects a request for adjournment, he shall record his reasons for doing so.
(4) No prosecution under this Act against any person either generally or in respect of any one or more of the offences for which he is being tried shall be withdrawn except under the orders in writing of the 34Commission.
(1) Notwithstanding anything contained in the Second Schedule to the Code of Criminal Procedure, 1898, or any other law for the time being in force, offences triable by a Special Judge under this Act shall be deemed to be non-bailable.
(2) Any offence triable under this Act which is punishable with simple imprisonment shall be deemed to be punishable with imprisonment of either description.
(1) The Government may frame rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for any of the following matters, namely:-
35 *Nothing in this Act shall affect the jurisdiction exercised by, or the procedure applicable to, any Court or other authority under any military, naval, or air force law.
[Repeal and savings.- Omitted by section 9 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978).]