Criminal cases

By Rafiqul Islam Gulshan, Dhaka
7 August 2006, 18:00 PM
Criminal cases are proliferating in such a way that the trying magistrates are unable to cope with. Criminal cases constitute a big source of income to the police, lawyers and peshkers. In the court of some magistrates grafts are very common in granting bail to the accused even in non-cognisable cases. Yet the number of criminal cases can be substantially reduced with little efforts on the part of the Home Ministry and the Law Ministry. From my personal experience I can say that for every genuine criminal ca

se at least two false cases are filed by the accused against the complainant. And if the culprits have ill-gotten money, the number of false cases can be still higher. I take this opportunity to bring the matter to the notice of the Ministry of Law, Ministry of Home and the Law Commission and suggest that they introduce a declaration in Bangla by every person willing to file a criminal case. The declaration shall state that the complainant and the persons offering witness in favour of the complainant shall be prosecuted under Section 211 of CrPC for filing a false case and for giving false statements. Punishment under Section 211 is rigorous imprisonment for a maximum period of two years. Under the present system a person standing as a witness has to take an oath that he will speak the truth and nothing but the truth. The existing system does not provide any punishment to the persons giving false statements under oath. This must be changed. The persons giving false statements under oath must be punished. Under the present system only the accused persons are produced in the court on the day of charge hearing. This must be changed also. Both the complainant and the accused should be present on the day of charge hearing. The magistrate shall read out the declaration to the complainant that the punishment for filing a false case is rigorous imprisonment for up to two years. The complainant shall at this stage be given an option to withdraw the case. If he sticks to his complaint, the magistrate shall proceed with the case. The police officers conniving with the complainant in filing false cases should also be punished. The state must not patronise false cases.

My humble suggestion may kindly be considered by the Law Commission, Law Ministry and Home Ministry.