Bangladesh is a

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

country having its legal system developed by the British rulers during their

colonial rule Colonialism is a practice or policy of control by one people or power over other people or areas, often by establishing colony, colonies and generally with the aim of economic dominance. In the process of colonisation, colonisers may impose the ...

over

British India The provinces of India, earlier presidencies of British India and still earlier, presidency towns, were the administrative divisions of British governance on the Indian subcontinent. Collectively, they have been called British India. In one ...

. The land now comprises Bangladesh was known as

Bengal Bengal ( ; bn, বাংলা/বঙ্গ, translit=Bānglā/Bôngô, ) is a geopolitical, cultural and historical region in South Asia, specifically in the eastern part of the Indian subcontinent at the apex of the Bay of Bengal, predom ...

during the British and Mughal regime while by some other names earlier. Though there were religious and political equipments and institutions from almost prehistoric era, Mughals first tried to recognise and establish them through state mechanisms. The Charter of 1726, granted by King

George I George I or 1 may refer to: People * Patriarch George I of Alexandria (fl. 621–631) * George I of Constantinople (d. 686) * George I of Antioch (d. 790) * George I of Abkhazia (ruled 872/3–878/9) * George I of Georgia (d. 1027) * Yuri Dolgor ...

, authorised the

East India Company The East India Company (EIC) was an English, and later British, joint-stock company founded in 1600 and dissolved in 1874. It was formed to trade in the Indian Ocean region, initially with the East Indies (the Indian subcontinent and South ...

to establish Mayor's Courts in Madras, Bombay and

Calcutta Kolkata (, or , ; also known as Calcutta , List of renamed places in India#West Bengal, the official name until 2001) is the Capital city, capital of the Indian States and union territories of India, state of West Bengal, on the eastern ba ...

and is recognised as the first codified law for the British India. As a part of the then British India, it was the first codified law for the then Bengal too. Since independence in 1971,

statutory law Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, stat ...

enacted by the

Parliament of Bangladesh The Jatiya Sangsad ( bn, জাতীয় সংসদ, lit=National Parliament, translit=Jatiyô Sôngsôd), often referred to simply as the ''Sangsad'' or JS and also known as the House of the Nation, is the supreme legislative body of B ...

has been the primary form of legislation. Judge-made law continues to be significant in areas such as

constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...

. Unlike in other common law countries, the

Supreme Court of Bangladesh The Supreme Court of Bangladesh ( bn, বাংলাদেশ সুপ্রীম কোর্ট) is the highest court of law in Bangladesh. It is composed of the High Court Division and the Appellate Division, and was created by Part VI C ...

has the power to not only interpret laws made by the parliament, but to also declare them null and void and to enforce fundamental rights of the citizens. The

Bangladesh Code The Bangladesh Code is an official compilation and codification of laws in Bangladesh, which is published by the Ministry of Law, Justice and Parliamentary Affairs of the Government of Bangladesh. The code was initiated in 1973 and first publish ...

includes a compilation of all laws since 1836. The vast majority of Bangladeshi laws are in English. But most laws adopted after 1987 are in Bengali.

Family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage ...

is intertwined with

religious law Religious law includes ethical Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior".''Internet Encyclopedia of Philosophy'' The field of ethics, ...

. Bangladesh has significant

international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

obligations. During periods of

martial law Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Marti ...

in the 1970s and 1980s, proclamations and ordinances were issued as laws. In 2010, the Supreme Court declared that martial law was illegal, which led to a re-enactment of some laws by parliament. A Right to Information Act has been enacted. Several of Bangladesh's laws are controversial, archaic or in violation of the country's own

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...

. They include the country's prostitution law, special powers act,

blasphemy law A blasphemy law is a law prohibiting blasphemy, which is the act of insulting or showing contempt or lack of reverence to a deity, or sacred objects, or toward something considered sacred or inviolable. According to Pew Research Center, abou ...

, sedition law, internet regulation law,

NGO A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in h ...

law, media regulation law, military justice and aspects of its property law. Many colonial laws require modernization. There are no jury trials in Bangladesh. All criminal and civil cases are decided in bench trials. According to the

World Justice Project The World Justice Project (WJP) is an international civil society organization with the stated mission of "working to advance the rule of law around the world". It produces the World Justice Project Rule of Law Index, a quantitative assessment ...

, Bangladesh ranked 103rd out of 113 countries in an index of the rule of law in 2016.

Fundamental rights in Bangladesh

Part III of the Constitution of Bangladesh includes the articles of

fundamental rights Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Susta ...

. # Laws inconsistent with fundamental rights to be void (Article-26) # Equality before law (Article-27) # Discrimination on grounds of religion, etc. (Article-28) # Equality of opportunity in public employment (Article-29) # Prohibition of foreign titles, etc. (Article-30) # Right to protection of law (Article-31) # Protection of right to life and

personal liberty Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom. In modern politics, liberty is understood as the state of being free within society fr ...

(Article-32) # Safeguards as to arrest and detention (Article-33) # Prohibition of forced labour (Article-34) # Protection in respect of trial and punishment (Article-35) # Freedom of movement (Article-36) #

Freedom of assembly Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ide ...

(Article-37) #

Freedom of association Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline mem ...

(Article-38) # Freedom of thought and conscience, and of speech (Article-39) # Freedom of profession or occupation (Article-40) #

Freedom of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freed ...

(Article-41) # Rights of property (Article-42) # Protection of home and correspondence (Article-43) # Enforcement of fundamental rights (Article-44) # Modification of rights in respect of disciplinary law (Article-45) # Power to provide

indemnity In contract law, an indemnity is a contractual obligation of one party (the ''indemnitor'') to compensate the loss incurred by another party (the ''indemnitee'') due to the relevant acts of the indemnitor or any other party. The duty to indemni ...

(Article-46) # Saving for certain laws (Article-47) # Inapplicability of certain articles (Article-47A)

Case law

Judicial precedent A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value ...

is enshrined under Article 111 of the Constitution of Bangladesh. Bangladeshi courts have provided vital judicial precedent in areas like constitutional law, such as in ''

Bangladesh Italian Marble Works Ltd. v. Government of Bangladesh ''Bangladesh Italian Marble Works Ltd. v. Government of Bangladesh'' is a case of the Appellate Division of the Supreme Court of Bangladesh. In a significant verdict in 2010, the court overturned the fifth amendment to the Constitution of Banglad ...

'', which declared martial law illegal. The judgement of '' Secretary, Ministry of Finance v Masdar Hossain'' asserted the

separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...

and judicial independence. In
Aruna Sen v. Government of Bangladesh
', the Supreme Court set a precedent against

unlawful detention False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is ...

and torture. The court affirmed the principle of

natural justice In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing ('' audi alteram partem''). While the term ''natural justice'' is often retained as a general c ...

in the judgement of '' Abdul Latif Mirza v. Government of Bangladesh''. The two verdicts were precedents for invalidating most detentions under the Special Powers Act, 1974. The doctrine of legitimate expectation in Bangladeshi law has developed through

judicial precedent A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value ...

Codification and language

The

has been published since 1977. Most of its laws, dating between 1836 and 1987, are in

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...

. Following a government circular in 1987, the code has been published primarily in

Bengali Bengali or Bengalee, or Bengalese may refer to: *something of, from, or related to Bengal, a large region in South Asia * Bengalis, an ethnic and linguistic group of the region * Bengali language, the language they speak ** Bengali alphabet, the w ...

. The language of the Supreme Court and High Court is English. However, most

magistrates The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...

courts and district courts use Bengali. The lack of a uniform language has been a cause of concern, with arguments in favor of both English and Bengali. The country's financial sector depends on English, whereas cultural nationalists prefer Bengali.

Freedom of information

The Right to Information Act 2009 passed by the Jatiyo Sangshad was hailed as a major reform. The law allows information requests to most government departments, except the military. Hence, security agreements with foreign countries are not under its purview. As of 2016, 76,043 requests have been made to the

Chief Information Commissioner The Chief Information Commissioner of India is the head of the Central Information Commission appointed by the President of India. The first Chief Information Commissioner was Wajahat Habibullah Wajahat Habibullah (born 30 September ...

by citizens and organizations.

Criminal law

The main criminal laws are The Penal Code, 1860, the Code of Criminal Procedure, The

Cattle Trespass Cattle trespass was an ancient common law tort whereby the keeper of livestock was held strictly liable for any damage caused by the straying livestock. Under English law the tort was abolished by section 1(1)(c) of the Animals Act 1971, bu ...

Act 1871, The Explosive Substances Act 1908, The

Prevention of Corruption Act Prevention of Corruption Act (with its variations) is a stock short title used for legislation in India, Malaysia and the United Kingdom relating to corruption and bribery. The Bill for an Act with this short title will have been known as a Prevent ...

1947, The Anti-Corruption Act 1957, The Special Powers Act 1974, The Dowry Prohibition Act 1980, The Narcotics (Control) Act 1990, The

Women A woman is an adult female human. Prior to adulthood, a female human is referred to as a girl (a female child or adolescent). The plural ''women'' is sometimes used in certain phrases such as "women's rights" to denote female humans regardl ...

and Children Oppression Act 1995 and The

Anti-Terrorism Counterterrorism (also spelled counter-terrorism), also known as anti-terrorism, incorporates the practices, military tactics, techniques, and strategies that governments, law enforcement, business, and intelligence agencies use to combat or ...

Act 2013.

Company law

Bangladesh's company law has its roots in the Joint Stock Companies Act 1844 enacted by the

Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...

. It was later influenced by the Companies Act 1857, Companies Act 1913 and

Companies Act 1929 The Companies Act 1929 (19 & 20 Geo.5 c.23) was an Act of the Parliament of the United Kingdom, which regulated UK company law. Its descendant is the Companies Act 2006. Provisions Forms made under the 1929 Act introduced the term "Companies Cou ...

. The Securities and Exchange Ordinance, 1969 was the most important piece of legislation incorporating corporate activities during the

Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's fifth-most populous country, with a population of almost 243 million people, and has the world's second-lar ...

period. After the independence of Bangladesh, post partition

Indian company law Indian company law regulates corporations formed under Section 2(20) of the Indian Companies Act of 2013, superseding the Companies Act of 1956. History The 2013 Companies Act superseded the Companies Act of 1956, under whose provisions ...

served as a model for reforms. The Company Law Reforms Committee was set up in 1979 with leading civil servants, chartered accountants and lawyers. The committee's recommendations were not implemented until 1994, when the Companies Act (Bangladesh) 1994 was passed by the

Jatiyo Sangshad The Jatiya Sangsad ( bn, জাতীয় সংসদ, lit=National Parliament, translit=Jatiyô Sôngsôd), often referred to simply as the ''Sangsad'' or JS and also known as the House of the Nation, is the supreme legislative body of B ...

. The Securities and Exchange Commission Act of 1993 created the Bangladesh Securities and Exchange Commission to oversee the country's two stock markets.

Contract law

Bangladeshi contract law is based on the Contract Act 1872 and the Sale of Goods Act 1930. According to the

World Bank The World Bank is an international financial institution that provides loans and grants to the governments of low- and middle-income countries for the purpose of pursuing capital projects. The World Bank is the collective name for the Inte ...

's 2016

ease of doing business index The ease of doing business index was an index created jointly by Simeon Djankov, Michael Klein, and Caralee McLiesh, three leading economists at the World Bank Group. The academic research for the report was done jointly with professors Edward ...

, Bangladesh ranks 189th in enforcing contracts.

Religious law

Islamic law Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the ...

applies to

Bangladeshi Muslims Islam is the state religion of the People's Republic of Bangladesh. According to the 2022 census, Bangladesh had a population of about 150 million Muslims, or 91.04% of its total population of million. The majority of Bangladeshis are Sunni, an ...

family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage ...

and

inheritance law Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially ...

Hindu personal law Hindu personal laws are the laws of the Hindus as they applied during the colonial period (British Raj) of India beginning from the Anglo-Hindu Law to the post-independent Modern Hindu Law. The British found neither a uniform canon administering ...

applies to

Bangladeshi Hindus Hinduism is the second largest religious affiliation in People's Republic of Bangladesh, as according to the Official 2022 Census of Bangladesh, approximately just 13.1 million people responded that they were Hindus, constituting 7.95% out of ...

in family law. Bangladeshi Buddhists also follow Hindu personal law. The Christian Marriage Act, 1872 applies to

Bangladeshi Christians Bangladeshis ( bn, বাংলাদেশী ) are the citizens of Bangladesh, a South Asian country centered on the transnational historical region of Bengal along the eponymous bay. Bangladeshi citizenship was formed in 1971, when the ...

Tax law

The Customs Act 1969 is the basis of customs law. The

Income Tax An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Tax ...

Rules were

promulgated Promulgation is the formal proclamation or the declaration that a new statutory or administrative law is enacted after its final approval. In some jurisdictions, this additional step is necessary before the law can take effect. After a new law ...

by ordinance in 1984. Value Added Tax was revised with the Value Added Tax (VAT) and Supplementary Duty (SD) Act 2012. The Municipal Taxation Act 1881 governs municipal taxes.

Labour law

The Bangladesh Labour Act 2006 was amended with the Bangladesh Labour (Amendment) Bill, 2013 to improve worker rights, including greater but limited freedom to form

trade unions A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...

, and improving occupational health and safety condition in factories. In 2017, the government pledged to remove the ban on trade unions in

export processing zone A free-trade zone (FTZ) is a class of special economic zone. It is a geographic area where goods may be imported, stored, handled, manufactured, or reconfigured and re- exported under specific customs regulation and generally not subject to cu ...

Property law

The constitution guarantees the right to private property. The Transfer of Property Act, 1882 is the basic property law. However, some government agencies like

RAJUK Rajdhani Unnayan Kartripakkha (abbreviated as RAJUK; literally the Capital Development Authority of the Government of Bangladesh) is a Bangladeshi public agency responsible for coordinating urban development in Dhaka, Bangladesh. RAJUK is compo ...

restrict property transfers in urban areas through foreign direct investment. The

Vested Property Act The Vested Property Act is a controversial law in Bangladesh that allows the government to confiscate property from individuals it deems as an ''enemy of the state''. Before the independence of Bangladesh in 1971, it was known as the Enemy Property ...

allows the government to confiscate property from entities or individuals deemed as enemies of the state.

Intellectual property law

The Patent and Designs Act 1911 is the country's oldest

copyright law A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educatio ...

. The Patent and Design Rules were introduced in 1933. The Copyright Act 2000, Copyright Rules 2006 and

Trademarks A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from othe ...

Act 2009 are the other main laws.

Judiciary

The general hierarchy includes both civil and criminal courts. At the top hierarchy is the Supreme Court of Bangladesh.

Judicial review

Judicial review in Bangladesh is performed by a system of writ petitions to the

High Court Division The High Court Division, Supreme Court of Bangladesh ( bn, হাইকোর্ট ডিভিশন) popularly known as the 'High Court' is one of the two divisions of the Supreme Court of Bangladesh, the other division being the Appellate D ...

under Article 102 of the constitution.

Alternative dispute resolution

The Bangladesh International Arbitration Center is the sole court of commercial arbitration in the country. It is the country's first center for alternative dispute resolution.

Legal profession

A Bangladeshi lawyer is termed an advocate when he or she enters the Bar. Law students can train abroad, including as barristers in the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...

; as well as in other countries; and return to enroll as advocates in the Bangladeshi bar. The

Bangladesh Bar Council Bangladesh Bar Council is a statutory autonomous body in Bangladesh, established under the Legal Practitioners and the Bar Council Order. It is the licensing and regulatory body for lawyers in Bangladesh. The bar council can establish tribunals ...

and the Bangladesh Supreme Court Bar Association are the leading lawyers' societies in the country. Many of

Asia Asia (, ) is one of the world's most notable geographical regions, which is either considered a continent in its own right or a subcontinent of Eurasia, which shares the continental landmass of Afro-Eurasia with Africa. Asia covers an are ...

's leading lawyers. such as former Amnesty International chief

Irene Khan Irene Zubaida Khan ( bn, আইরিন জোবায়দা খান; born 24 December 1956) is a Bangladeshi lawyer appointed as of August 2020 to be the United Nations Special Rapporteur for freedom of expression and opinion, the fir ...

, have been Bangladeshi.

References

External links

* http://bdlaws.minlaw.gov.bd/ * http://www.minlaw.gov.bd/ * http://lexintell.com/ * https://legislib.com/ * http://resource.ogrlegal.com * http://www.sfconsultingbd.com * https://web.archive.org/web/20151005204131/http://supremecourt.gov.bd/nweb/ * https://web.archive.org/web/20150925020657/http://bdcourts.gov.bd/ {{DEFAULTSORT:Law Of Bangladesh