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Bangladesh University of Business and Technology

(BUBT)

Research
On
“VICTIMS PARTICIPATION IN CRIMINAL JUSTICE SYSTEM IN
BANGLADESH”

Course Title: Legal Research and Research Monograph


Course No: 647

The Research work has been completed in the Partial fulfillment of the Requirement for
the Degree of LL.B Hon’s

Supervised By:
Prof. Dr. Sarkar Ali Akkas
Adjunct faculty
Department of Law and Justice
Bangladesh University of Business and Technology (BUBT)

Prepared By:
Md. Mahadi Hasan
Program: LL.B (Hon’s)
ID: 13142105121
Intake: 22nd Section: 03
Department of Law and Justice

Date of Submission: 21 January,2018

i
THIS RESEARCH MONOGRAPH IS DEDICATED
TO
MY PARENTS

ii
Letter of Transmittal
To
Prof. Dr. Sarkar Ali Akkas
Adjunct faculty
Department of Law and Justice
Bangladesh University of Business and Technology (BUBT)

Subject: Submission of research paper.

Dear Sir,
It is a great pleasure to submit my thesis on “VICTIMS PARTICIPATION IN CRIMINAL
JUSTICE SYSTEM IN BANGLADESH”, I have given best efforts to finish the thesis with
relevant information that I have collected from various sources. I have concentrated my efforts to
achieve the objectives of the works and hope that my endeavor will serve the purpose. I shall be
grateful and obliged if you kindly accept my thesis and evaluate it.

Sincerely yours,

................................
Md. Mahadi Hasan
Program: LL.B (Hon’s)
ID: 13142105121
Intake: 22nd Section: 03
Department of Law and Justice
Bangladesh University of Business and Technology (BUBT)

iii
Declaration

I hereby do solemnly declare that the work presented in this research paper has been carried out
by me and has not been previously submitted to any other institution. The work I have presented
does not breach any copyright. I further undertake to indemnify the University against any loss
or damage arising from breach of the foregoing obligations.

.............................................
Md. Mahadi Hasan
Program: LL.B (Hon’s)
ID: 13142105121
Intake: 22nd Section: 03
Department of Law and Justice
Bangladesh University of Business and Technology (BUBT)

iv
Certification of Supervisor

This is to certify that the dissertation “VICTIMS PARTICIPATION IN CRIMINAL JUSTIC


SYSTEM IN BANGLADESH”, It is done by Md. Mahadi Hasan, ID: 13142105121 Intake:
22nd Section: 03 in partial fulfillment of the requirement for the degree of the LL.B (Hon’s)
from Bangladesh University of Business and Technology (BUBT). The dissertation has been
carried out under my guidance and is a record of the bona fide work carried out successfully.

.........................................
Prof. Dr. Sarkar Ali Akkas
Adjunct faculty
Department of Law and Justice
Bangladesh University of Business and Technology (BUBT)

v
Acknowledgment

On the completion of this work I take this opportunity to acknowledge my Indebtedness and
gratitude to the persons who have directly or indirectly extended their help in the preparation of
this dissertation. I am indebted to the Honorable Faculty members of the Department of a law
and justice, who have helped and inspired my a lot, in doing my work from the very beginning.

I express my thanks to Prof. Dr. Sarkar Ali Akkas, Adjunct faculty Bangladesh University of
Business & Technology for an enormous amount of time with me during the process and helped
me in finalizing the research work.

Finally, I think my friend and family members who have stood by me in both good and difficult
times. For their steadfast support and affection, I express my gratitude to my parents.

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Abstract

Not with standing piecemeal and passive statutory recognition of the victims of crime, victims’ right to
meaningful access to criminal proceedings falls short of adequate protection. Our constitutional
commitment to fair trial revolves around a cluster of procedural safeguards to the offender. The victims of
crime enjoy no better protection under Code of Criminal Procedure 1898. Over the years a host of special
legislations have been enacted to combat violence against women which also offer rather hazy victim
protection scheme. The agencies of criminal justice system appears to be oblivious to the plight of the
victims of crime. This article transpires that in absence of holistic legal as well as institutional framework
protecting the witnesses and victims of crimes, victim justice still remains highly elusive in Bangladesh. It
is thus emphatically argued that victims’ rights should be high in the agenda of our criminal justice
reforms. Consequently, an exhaustive legislation for victim and witness protection is urgently required.

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Table of Contents
Sl. No. Description Page No.
1. Title page i
2. Letter of Transmittal ii
3 Declaration iii
4. Supervisor Certificate iv
5. Acknowledgement v
5. Table of Contents v
6. Abstract vi
Chapter: One

Introduction
Sl. No. Description Page No.
Chapter:1 Introduction 1-9
1.1 Introduction

1.2 Statement of the Problem

1.3 Objectives of the Study

1.3.1 General Objectives :

1.3.2 Specific Objective

1.4 Importance of the Study

1.5 Literature Review

1.6 Research Methodology of the Study

1.7 Scope and Limitation of the Study

1.8 Conclusion

Chapter-2 AN APPRAISAL OF VICTIM PROTECTION IN 10-26


BANGLADESH
2.1 Introduction

2.2 International concern for victim protection

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2.3 Importance of victim justice in criminal proceedings

2.4 Legal and institutional framework for victim protection

2.5 Victim protection under Code of Criminal Procedure

2.6 Victim sensitive special laws

2.7 Major Challenges in victim protection

2.8 Conclusion

Chatper-3 Prevention Ways of victim Participation 27-31


3.1 Victim Protection in Bangladesh

3.2 A CRITICAL APPRAISAL OF LEGAL AND


INSTITUTIONAL FRAMEWORK

3.3 Victim Protection in Bangladesh

3.4 The role of victims in crime prevention

Chapter-4 PROTECTION OF VICTIMS OF CRIME AND 32-47


VICTIMS OF ABUSE OF
POWER:THE LEGAL SYSTEM IN BANGLADESH
4.1 Introduction

4.2 THE CRIMINAL JUSTICE SYSTEM OF


BANGLADESH

4.3 TYPES OF CRIMINAL COURTS IN BANGLADESH

4.4 MEASURES TO PROTECT VICTIMS OF CRIME

4.5 CURRENT SITUATION, PROBLEMS AND


COUNTERMEASURES AGAINST THE ABUSE OF
POWER

4.6 PROTECTION FOR VICTIMS OF OFFENCES

4.7 LEGISLATION ENACTED WITH A VIEW TO


PROTECTION AND RESTITUTION OF VICTIMS OF
OFFENCES

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4.8 PARTICIPATION OF VICTIMS IN THE CRIMINAL
JUSTICE PROCEDURE: LEGAL PROVISIONS FOR
RESTITUTION OF VICTIMS OF OFFENCES

4.9 PROVIDING INFORMATION FOR VICTIMS OF


CRIME

4.10 TRIAL OF JUVENILE OFFENDERS IN


BANGLADESH

4.11 CONCLUSION

Chapte-5 Law Relating To Protection Of Victims And Witnesses 48-57


Of Crimes Involving Grave Offences
5.1 Introduction

5.2 In some cases, it is found that the victim or the


complainant as witness in court

5.3 The offenders have a wide range of rights both


constitutional and legal in the trial of a criminal case.

5.4 The victims and witnesses are also threatened and


intimidated by using the subtle means of cross-
examination

5.5 A Draft Bill for making a Law providing for protection


facilities to victims and witnesses of crimes of specific
grave nature

5.6 Conclusion

Chapter-6 Recommendation & Conclusion 58-62


6.1 Recommendations
6.2 Conclusion

Bibliography ----------------------------------------------------------------------63-64

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