History Of Bangladesh Legal System

Introduction :                             

In this study, Bangladesh's legal system now-a-days is the result of historical development formed by British, Muslim, and Hindu impacts. Due to this complicated legacy, a cross breed legal system that combines English and Indo-Mughal legal thoughts has been made. Looking at five diverse historical periods—Hindu, Muslim, British, Pakistani, and Bangladeshi—is vital to comprehend its growth have been discussed.

Hindu Era: Ancient Judicial System                               

Depth of Hindu Law which ranks unique among the legal systems and is that the same time so old other than even the legal system of Rome and England revealed superbly in contradiction to the constitutional Law of this country . Ancient Hindu Period spans almost 1500 years both before and after the start of the Christian era. The Hindu period is considered to be existed from 1500 BC up to 1206 AD in the Indian Sub-continent . The king acted as the head of state in each of the numerous sovereign nations that made up ancient India .The King was regarded as the source of justice in terms of how it was administered. He was given complete control over the way justice was administered in his realm . The following were the main characteristics of the legal system during this time:

Court structure organization:

The Chief Justice's Court, Special Tribunals, Town or District Courts, and Village Councils were the stages below the King's court in the state's hierarchical legal hierarchy, each having their own responsibilities and areas of jurisdiction. The Chief Justice's Court assisted the King in the administration of justice, while the King's Court handled matters of the highest importance and served as the highest appellate court. Special Tribunals were set up for specific geographic jurisdictions, and while Village Councils and Town or District Courts discussed local disputes at their respective levels, Special Tribunals were not .

Judicial Procedure :

The legal procedure consisted four stages : the plaint, reply, trial with investigation, and verdict. For the sake of justice, a number of judges presided over courts, including the King's council . Caste was used in deciding who would serve on the judiciary; only Brahmins were allowed to be Chief Justices. It was forbidden to have power over women, and impartiality was demanded. The decisions made by King's court were binding on lower courts, and they took the norms set by higher courts into consideration. Evidence was obtained via documents, witnesses, or events; in other cases, circumstantial evidence sufficed to bring criminal cases. When no other evidence was available, a trial by ordeal based on religious conviction was used to establish guilt; still it was only helpful in particular circumstances . 

Ancient Indian trials by ordeal included components such as fire, water, poison, rice grains, and lots, reflecting religious convictions. A rough jury system had community individuals show prove to the judge, who at that point rendered the verdict. Punishments shifted from advice to corporal punishment, with severity connected to caste. Murder punishments shifted agreeing to the victim's caste .

Muslim Era: Ancient Judicial System

 Judicial System in Medieval India Hindu kingdoms gradually fell apart as a result of the Turkish Muslim invasion in the year 1100 A.D. Turkish government was established during Muslim rule on Quranic ideas. The Mughal Empire (1526–1857) and the Sultanate of Delhi (1206–1526) comprised India's Muslim era. Not the whole body of Muslim Law is applicable in India, but only a portion of it is applied to Muslims through the courtesy of the State .

Legal System Under The Sultanate :

The Sultans of Delhi were, generally speaking, strict adherents to the Islamie The Shariah). The reign of llutmish was noted for jurists well versed in the Law and practice of Shariah . The Sultanate period existed from 1206 to 1526 . Supreme Specialist from the Sultan represented the legally separated system. Diwan-e-Mazalim, Diwan-e-Risalat, and the King's Court were among the courts with particular locale that taken care of a run of circumstances . In addition to Muftis, additional people with back for respectful things including non-Muslims included Pandits, Mohtasibs for religious law, and Dadbaks as court clerks, the Chief Equity, Qazi-ul Quzat, overseen the lawful system .

A while later appointee named Sadre Jahan had a brief period of higher master when he combined with Ala Uddin's Chief Value post, but Sultan Firoz Tuughlaq a while later separated them. Cases including insurrection were tuned in by the Diwan-e-Siyasat court. In organize to settle legal issues, the Chief Equity assigned and the Sultan affirmed the courses of action of Muftis and Pandits. With specific master and alloted parts for distinctive specialists, the system ensured value all through the Sultanate's lands . 

There are four courts within the Subah:

Sadre-e-Subah, Adalat Sadre-e-Subah, Diwan-e-Subah, and Adalat Nazim-e-Subah. These courts are found in each area. With offers to the Central Offer Court in Delhi, Adalat Nazim-e-Subah, headed by the Nazim, taken care of original and appellate jurisdiction. Appeals to Adalat Nazim-e-Subah were taken care of by Adalat Qazi-e-Subah, which was headed by the Chief Qazi. Sadre-e-Subah worked as the Chief Ecclesiastical court, overseeing arrive awards and religious things, whereas Diwan-e-Subah was in charge of wage things .

District Qazi's Court dealt with civil and criminal cases; Faujdar Court taken care of minor criminal cases; Mir Adil's Court handled land income; and Kotwal's Court dealt with police cases . Other district courts within the Mughal Empire were mentioned. The legal system was composed of Town Panchayats and Parganah Courts, which heard cases and made choices on a local level .

Legal System Under The Mughal Administration :

The position of Muslim Law remained unchanged during the Mughal period, with the sole exception of Akbar’s reign, when he tried to interpret Muslim Law according to his own notions. The position of Muslim Law remained unchanged during the Mughal period, with the sole exception of Akbar’s reign, when he tried to interpret Muslim Law according to his own notions . The Mughal emperor was the "fountain of justice" at a time when the emperor ruled the legal system. The Chief Revenue Court, the Court of Chief Justice, and the Emperor's Court were the three crucial courts that were in session in Delhi : The Chief Revenue Court, the Court of Chief Justice, and the Emperor's Court. Everyone had their own jurisdiction, whether it was for income concerns or criminal or civil procedures. In advancement, civil and military cases were tuned in by remarkable courts such as the Court of Qazi of Delhi and the Court of Qazi-e-Askar. The Common Chief Offer Court and Common Chief Income Court were imperative courts interior the regions, which were overseen over by governors and had curiously and appellate ward. The organization of equity at all levels of the authentic framework was maintained by a number of specialists, counting Mir Adil, Mufti, Daroga-e-Adalat, and Muhtasib .

Town, district, and parganah courts made up the Mughal Empire's legal structure. Faujdar Adalat, Kotwali, Amalguzari Kachari, and Qazi were among the area courts. Kotwal Court, Amin-e-Parganah, and Qazi-e-Parganah's Court were the Parganah courts. Zaminders or panchayats overseen over town tribunals, which settled nearby conflicts .

Courts inside the Mughal period worked agreeing to Muslim guidelines of justice. Three categories of prove were made, with full certification being favored. Three categories of violations were set up: crimes against God, the Ruler, and private citizens. For a number of crimes, such as theft and adultery, there were Hadd (set punishments), Tazir (optional punishment), and Qisas (countering) with Diya (blood cash) as payment. While Tazir cleared out punishment up to the judges, Hadd's Sharia law prescribed punishments. With Qisas, victims or family may request vindicate or recognize Diya as installment, which the Qazi or Head may not change .

There were different short comings within the Muslim administration of justice in medieval India. To start with of all, the head particularly overseen justice; there was no capability between the official and legal branches. Moment, there was a need of consistency and clarity in Muslim criminal law, which come around in varying interpretations. Thirdly, it treated violations as private issues and did not recognize between open and private law. Fourthly, murderers might avoid arraignment by making compensation installments much obliged to the "Diyat" clause. Fifth, there was awful form since the boundaries between crime and murder were made based on the utilize of weapons. 6th, the law of "tazir," which administers optional punishment, was vague and come around in subjective choices. Seventhly, feelings were challenging due to the outdated run the show of evidence. At last, the overpowering brutality of punishments like stoning and mutilation uncovered the brutality of the legal system. These imperfections made justice less unbiased and effective .

British Era : Modernization of Ancient Indian Law

The roots of the administrative system in Bangladesh can be directly traced to the colonization by the British of the Indian sub-continent for nearly two centuries, i.e. 1757 to 1947 .There were five stages in the modernization of ancient Indian law under British rule: the early administration up until 1726, the 1726–1773 period, the 1773–1861 period, and the 1861–1947 period .

First Period :

The British East India Company continuously took over authority of Bombay, Madras, and Calcutta, too referred to as the Administration Towns, taking after the Early Organization of Justice in India until the Charter of 1726. At to begin with, the Company collaborated with the nearby Mughal authorities, but justice administration was chaotic. Irregular charters brought around changes, such as the establishing of Madras's to begin with mayor's court in 1687. After Orissa, Bihar, and Bengal were included in India in 1765, justice was managed by local machinery until 1772 .

Second Period :

 Indian justice was affected by British Crown intercession during the Mayor's Court period (1726–1773). Royal courts ruled by the Crown were made as Mayor's courts beneath the Charter of 1726. They executed English law and permitted offers to the Privy Council and Governor-in-Council. With judges of the peace and Quarter Sessions, the official department controlled criminal justice. The Court of Requests for little claims was built up by the Charter of 1753, which moreover subordinated Mayor's courts to the Company. In any case, issues remained: the court was still run by the Company, with workers working for it, limited access for Local Americans, and confusing appeals procedures. The political character of the system was addressed, and it needed lawful information .

Third Period :

The Supreme Court took the part of the Mayor's Courts of Calcutta, Bombay, and Madras when it was set up under the Directing Act of 1773. In spite of its stated freedom, differences approximately jurisdiction with the Company's courts and the Council created, which were made more awful by uncertainty within the law. The Supreme Court's wide jurisdiction included both British subjects and workers of the Company. Conflicts, in any case, as illustrated by the Patna  occasions, brought to light shortcomings within the Directing Act and the 1774 Charter. The court's freedom was further hampered by official support. Disappointment and continuous debate between the legal and the official brought about from the Supreme Court's attempt to assert its freedom in spite of advances such as the creation of Little Causes Courts in 1850 .

Fourth Period :

In British India, Judicial changes amid the Period of Unification (1861–1947) tried to settle issues between the official and the Supreme Court. This brought about within the Supreme Court and Sadar Adalats joining into High Courts in 1861 . The Federal Court was built up by the Government of India Act 1935 to settle disputes between the government and the provinces. In India, the Government Court was taken over by the Supreme Court taking after freedom in 1947, and in Pakistan, a unused Federal Court was built up until the arrangement of the Supreme Court of Pakistan in 1956. The objective of these changes was to set up an independent and bound together legal all through the subcontinent .

Development of Judicial System in Mufassil Area :      

The courts within the Mufassil range and Administration Towns changed as time passes, advertising a see into the development of the legal system in British India. Starting with Warren Hastings' plan in 1772, the Company administered the development of legal institutions within the Mufassil region. The system was molded by a number of changes carried out by a few Rulers until the High Court was set up in 1861. The separation of the criminal and civil courts, the creation of appellate courts, and the arrangement of collector and magistrate officers were among the critical elements. Critical corrections carried out by Rulers Cornwallis and Bentinck come about within the structure holding together until the High Court's establishing in 1861, when the legal system came together .

Conclusion :

After concluding the whole study I think, The improvement of legal systems in ancient India saw a change from the rulers' decentralized control to more organized legal systems beneath the Muslim and British periods. With these improvements, caste-based conclusions, unreasonable legal translations, and a need of division of powers remained issues in each age. The objective of British colonialism was to make a single, sovereign legal system, which assist created through modernization activities. In any case, it brings to light continuous battles all through the Indian subcontinent for reasonableness and efficiency within the organization of equity.