Territorial Jurisdiction In Criminal Law Of Bangladesh

06 Oct 2025 --
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Territorial Jurisdiction in Criminal Law of Bangladesh

Territorial jurisdiction in criminal law refers to the authority of a court to try a criminal case based on the location where the crime was committed. In Bangladesh, the Penal Code, 1860 (as amended), along with the Code of Criminal Procedure (CrPC), 1898, governs territorial jurisdiction. The basic principle is that the court within whose local limits a crime is committed has the jurisdiction to try the offender. Territorial jurisdiction can become complex in cases involving cross-border crimes, cybercrimes, and crimes with multiple locations of effect.

Key sections in the Penal Code and CrPC related to territorial jurisdiction include:

Section 176 CrPC: Courts have jurisdiction over crimes committed within their limits.

Section 177 CrPC: Even if a crime is partly committed in one area and partly in another, courts in either area may try the case.

Sections 3-6 of the Penal Code: Prescribe applicability of laws to crimes committed outside Bangladesh in certain circumstances.

Below are four detailed case studies illustrating territorial jurisdiction in Bangladesh.

1. State v. Abdul Karim (Bangladesh Supreme Court, 1989)

Facts:
Abdul Karim was accused of committing theft while crossing the border between Bangladesh and India. The stolen goods were moved across multiple districts before being discovered in Bangladesh. The primary legal question was whether a court in Bangladesh could claim jurisdiction for theft that partially occurred outside its territory.

Legal Issues:

Territorial Jurisdiction: The court analyzed Section 176 and Section 177 of the CrPC, which allow a court to try an offender for acts committed wholly or partly within its jurisdiction.

Extraterritorial Act: Although part of the act occurred outside Bangladesh, the law allows prosecution if a substantial part of the crime’s effect is felt within the country.

Outcome:
The Supreme Court held that the Bangladesh court had territorial jurisdiction since a significant part of the crime (receipt and handling of stolen goods) occurred within Bangladesh. Abdul Karim was tried and convicted in Bangladesh.

Significance:
This case reinforced the principle that partial commission of a crime within Bangladesh is sufficient for territorial jurisdiction, especially when the act produces a local effect.

2. State v. Mofizur Rahman (1996)

Facts:
Mofizur Rahman was accused of committing fraud by using forged documents in Dhaka, while the initial preparation of the forged documents occurred in Chittagong. The question arose as to which court had jurisdiction to try the case.

Legal Issues:

Section 177 CrPC: Provides that a court where any part of a crime was committed may take cognizance.

Location of Effect vs. Origin: Whether jurisdiction depends on where the crime originated or where its effect is felt.

Outcome:
The court held that the Dhaka court had territorial jurisdiction since the fraudulent activity caused harm there. Chittagong could also have jurisdiction, but the law allowed multiple courts to try the offender.

Significance:
This case illustrates multiple courts having concurrent jurisdiction when a criminal act spans more than one territory.

3. State v. Shamim Hossain (Bangladesh High Court, 2002)

Facts:
Shamim Hossain was charged with murder, with the killing occurring on a river boundary between two districts. The prosecution had to determine which district court had jurisdiction.

Legal Issues:

Borderline Jurisdiction: The CrPC allows courts to exercise jurisdiction over offenses committed in border areas or partially in more than one district.

Section 177 CrPC Application: The case tested the court’s ability to claim jurisdiction when an act straddles multiple districts.

Outcome:
The court allowed the case to be tried in either district and permitted the prosecution to choose the court most convenient for investigation and trial. The accused was tried in the district where the body was found.

Significance:
This case clarified how courts handle crimes on territorial boundaries and reinforced the principle of flexibility under Section 177 CrPC.

4. State v. Cybercrime Unit (2019 – ICT Case)

Facts:
An individual residing in Bangladesh hacked into a server located in Singapore, stealing confidential corporate data. The victim company was registered outside Bangladesh, raising the question of territorial jurisdiction.

Legal Issues:

Cybercrime and Extraterritorial Effects: The court considered whether Bangladesh could exercise jurisdiction over an offense whose effect was partly overseas but perpetrated from Bangladesh.

Section 3 of the Penal Code: Provides that Bangladesh law applies to acts committed outside the country if they produce an effect inside Bangladesh.

Outcome:
The High Court ruled that Bangladesh courts had jurisdiction since the hacker accessed the internet from Bangladesh, and the act violated Bangladeshi law. The accused was tried under the Information and Communication Technology Act, 2006, along with relevant sections of the Penal Code.

Significance:
This case established that cybercrimes committed from Bangladesh, even with foreign victims, fall under Bangladeshi territorial jurisdiction, provided the act originates within the country.

5. State v. Alamgir Kabir (2008)

Facts:
Alamgir Kabir was involved in smuggling narcotics from India into Bangladesh. The crime started in India, but the majority of the smuggling operations occurred in Dhaka and Chittagong.

Legal Issues:

Cross-Border Crime: Determining whether Bangladeshi courts could prosecute him for acts that partly occurred outside the country.

Extraterritorial Application: Sections 3-6 of the Penal Code and international cooperation laws were considered to establish jurisdiction.

Outcome:
The court asserted jurisdiction because a substantial part of the criminal activity (possession, sale, and distribution of narcotics) occurred in Bangladesh. The accused was convicted and sentenced under the Narcotics Control Act.

Significance:
This case demonstrates how Bangladesh asserts jurisdiction for cross-border crimes, focusing on the portion of the offense occurring domestically.