Introduction
Bangladesh’s summary justice system ensures that justice is served promptly by offering effective legal remedies for minor infractions. The Code of Criminal Procedure (CrPC) and other pertinent legislation serve as this system’s main operating guidelines, enabling courts to render verdicts quickly and often without the drawn-out processes of traditional trials. This system presents questions of justice, legal rights, and possible abuse, even though it is essential for upholding law and order.
Standard Methods of Starting Summary Justice System in Bangladesh
Several legal provisions in Bangladesh facilitate the summary justice system, enabling authorities to handle cases quickly:
1. Summary Trial Under the Code of Criminal Procedure (CrPC), 1898
Sections 260–265 of the CrPC outline the process for summary trials, where minor offences are tried in a simplified manner.
Magistrates of the First and Second Class can conduct such trials for offences punishable by imprisonment for up to two years.
2. Mobile Courts Act, 2009
Executive magistrates are empowered to conduct on-the-spot trials for minor offences, such as traffic violations, environmental law breaches, and food adulteration.
The magistrates can impose fines, short-term imprisonment, or other penalties without referring cases to regular courts.
3. Village Court Act, 2006
Designed for rural areas to resolve disputes at the grassroots level, involving local representatives.
Handles civil and minor criminal cases (e.g., property disputes, minor assaults).
Decisions are usually binding but appealable in formal courts.
4. Arbitration and Mediation
Alternative Dispute Resolution (ADR) mechanisms allow parties to settle disputes outside the court system.
Common in family, commercial, and land disputes.
5. Speedy Trial Tribunal Act, 2002
Created to expedite criminal cases, especially those related to serious offences like murder, robbery, or political violence.
Ensures quicker trials, but procedural safeguards still apply.
Positive Aspects of Summary Justice System
1. Quick Disposal of Cases
Reduces case backlog in regular courts, ensuring swift justice for minor offences.
It helps in reducing congestion in the judiciary.
2. Cost-Effective
Saves litigation costs for individuals and the government.
Reduces the burden of expensive legal procedures.
3. Accessible for Ordinary People
Provides justice at local levels, primarily through village courts and mobile courts.
Reduces barriers to legal relief for marginalized communities.
4. Effective in Maintaining Law and Order
Immediate action against minor offences prevents more significant crimes.
It helps ensure discipline in sectors like traffic, food safety, and environmental protection.
5. Encourages Alternative Dispute Resolution (ADR)
Promotes mediation and arbitration, which foster amicable settlements.
Strengthens community-based conflict resolution.
Negative Aspects and Challenges
1. Risk of Summary Punishments Without Proper Legal Defense
Mobile courts often do not allow full legal representation, violating due process rights.
Risk of wrongful conviction due to hasty proceedings.
2. Potential for Abuse of Power
Magistrates in mobile courts may misuse their authority.
There have been cases of political influence affecting judgments.
3. Limited Appeal Mechanism
Many summary judgments have restricted appeal rights, leading to potential miscarriages of justice.
Some village court decisions lack proper legal scrutiny.
4. Undermining the Role of Formal Judiciary
Frequent use of summary justice might sideline the regular court system, reducing judicial accountability.
Can create parallel legal structures that conflict with constitutional principles.
5. Violation of Human Rights and Due Process
Speedy trials might ignore the right to a fair hearing.
Accused individuals may not always have access to lawyers or the right to appeal.
Conclusion
The summary justice system in Bangladesh is essential for providing prompt legal assistance, easing court overcrowding, and effectively handling minor infractions. However, it also has hazards, such as the possibility of power abuse, a lack of adequate legal protections, and the compromise of due process. Enhancing the system’s appeal procedures, guaranteeing legal counsel, and bolstering monitoring is crucial for balancing efficiency and equity.
Legal Researcher and Educator
Founder Director, Shah Legal Aid and Research Centre
