by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
A plaint is the document that initiates a civil suit in Bangladesh. It is the plaintiff's formal statement of their claim, setting out the facts, the legal grounds, and the relief sought. A well-drafted plaint is the foundation of a successful civil case. TRW — Tahmidur Rahman Remura Wahid Law Associates drafts plaints with precision and legal expertise, ensuring that the plaintiff's claim is presented in the most compelling and legally sound manner.
Legal Requirements for a Plaint
The requirements for a plaint are set out in Order 7 of the Code of Civil Procedure 1908 (CPC). A plaint must contain: the name of the court; the name, description, and place of residence of the plaintiff; the name, description, and place of residence of the defendant; the facts constituting the cause of action and when it arose; the facts showing that the court has jurisdiction; the relief claimed; and a statement of the value of the subject matter for the purpose of jurisdiction and court fees. The plaint must be signed by the plaintiff and verified by an affidavit.
Order 7, Rule 11 of the CPC provides that the court shall reject a plaint that does not disclose a cause of action, that is barred by limitation, or that does not comply with the formal requirements. TRW ensures that every plaint it drafts fully complies with Order 7 and discloses a clear and legally sustainable cause of action.
Choosing the Right Court
Choosing the right court to file the suit is critical. The jurisdiction of civil courts in Bangladesh is determined by the Civil Courts Act 1887 and the Code of Civil Procedure 1908. The relevant factors are: the subject matter of the suit (some courts have exclusive jurisdiction over certain types of cases); the value of the suit (different courts have different pecuniary jurisdiction); and the location of the defendant or the subject matter of the suit (territorial jurisdiction). TRW advises on the appropriate court for each case and ensures that the plaint is filed in the court with proper jurisdiction.
Court Fees and Stamp Duty
Court fees are payable on the plaint under the Court Fees Act 1870. The court fee is calculated as a percentage of the value of the suit. Insufficient court fees can result in the plaint being returned for amendment. TRW calculates the correct court fee for each case and ensures that the plaint is properly stamped before filing.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's civil litigation team draft plaints for all types of civil suits. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: What is the difference between a plaint and a petition?
A: A plaint is filed in a civil suit. A petition is filed in applications and special proceedings (e.g., writ petitions, bail petitions).
Q: Can a plaint be amended after filing?
A: Yes. A plaint can be amended with the court's permission under Order 6, Rule 17 of the CPC.
Q: What happens if the plaint is rejected?
A: The plaintiff can appeal against the rejection of the plaint or file a fresh plaint correcting the deficiency.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
Bangladesh's criminal law covers a wide range of offences — from traditional crimes like fraud, assault, and theft under the Penal Code 1860, to modern offences like cybercrime under the Digital Security Act 2018 (DSA 2018). TRW — Tahmidur Rahman Remura Wahid Law Associates provides expert criminal defence across all these categories, combining deep knowledge of the law with practical court experience.
Fraud Cases in Bangladesh
Fraud (cheating) is an offence under Sections 415-420 of the Penal Code 1860. Section 420 (cheating and dishonestly inducing delivery of property) carries a punishment of up to 7 years imprisonment and fine. TRW's defence in fraud cases focuses on: the absence of dishonest intent; the civil nature of the dispute (many fraud cases are really civil contract disputes); the lack of evidence of deception; and the availability of civil remedies. TRW also challenges the FIR and charge sheet for legal deficiencies.
Assault Cases in Bangladesh
Assault and related offences are governed by Sections 319-338 of the Penal Code 1860. The severity of the offence depends on the nature and extent of the injury caused. TRW's defence in assault cases focuses on: self-defence (Section 96-106, Penal Code); provocation; the absence of intention to cause the specific harm alleged; and the reliability of the prosecution's witnesses.
Theft Cases in Bangladesh
Theft is an offence under Sections 378-382 of the Penal Code 1860, carrying a punishment of up to 3 years imprisonment and fine. TRW's defence in theft cases focuses on: the absence of dishonest intention; ownership or right to the property; and the reliability of the prosecution's identification evidence.
Cybercrime Cases Under the Digital Security Act 2018
The Digital Security Act 2018 (DSA 2018) has been widely criticised for its broad scope and potential for misuse. Offences under the DSA 2018 include: spreading false information online (Section 25), defamation online (Section 29), hacking (Section 17), and publishing obscene material online (Section 21). Bail in DSA 2018 cases is restricted under Section 35. TRW provides expert defence in DSA 2018 cases, challenging the constitutionality of the provisions where appropriate and applying for bail before the Sessions Court and the High Court Division. See our guide on taking a matter to the High Court.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's criminal law team provide expert defence in fraud, assault, theft, and cybercrime cases. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can a fraud case be settled out of court in Bangladesh?
A: Yes. Many fraud cases are settled by repayment of the amount involved. TRW advises on settlement negotiations.
Q: Is a DSA 2018 case bailable?
A: Bail in DSA 2018 cases is restricted under Section 35, but TRW has successfully obtained bail in DSA 2018 cases before the Sessions Court and the High Court Division.
Q: What is the punishment for theft in Bangladesh?
A: Simple theft carries up to 3 years imprisonment and fine. Aggravated forms of theft carry higher penalties.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
Narcotics cases in Bangladesh are among the most serious criminal matters, carrying severe penalties including the death penalty for large-scale trafficking. However, the law also provides important protections for accused persons, and many narcotics cases are won on procedural grounds, evidentiary challenges, and legal technicalities. TRW — Tahmidur Rahman Remura Wahid Law Associates provides expert defence in narcotics cases, protecting clients' rights at every stage.
Legal Framework: The Narcotics Control Act 1990
Narcotics cases in Bangladesh are governed primarily by the Narcotics Control Act 1990 (NCA 1990). The NCA 1990 classifies narcotics into different categories and prescribes penalties based on the type and quantity of narcotics involved. The penalties range from imprisonment for a term to the death penalty for large-scale trafficking. The Narcotics Control Tribunal has exclusive jurisdiction to try narcotics cases. The Narcotics Control Board oversees enforcement.
Key provisions of the NCA 1990 that TRW analyses in every narcotics case include: Section 19 (possession of narcotics), Section 20 (trafficking), Section 27 (bail provisions), and Section 36 (special provisions for the Narcotics Control Tribunal).
Bail in Narcotics Cases
Bail in narcotics cases is governed by Section 27 of the NCA 1990, which restricts bail for certain categories of narcotics offences. However, bail is not entirely prohibited, and TRW has successfully obtained bail in narcotics cases by arguing: the quantity of narcotics is small; the accused's role was minor; the accused has been in custody for a long time; the accused has a medical condition; and the co-accused have been granted bail. TRW also applies for default bail when the charge sheet is not filed within the prescribed period.
Key Defence Strategies in Narcotics Cases
TRW's defence strategy in narcotics cases focuses on the following areas. Chain of custody: challenging whether the narcotics seized were properly handled and whether the chain of custody was maintained. Search and seizure procedure: challenging whether the search was conducted in accordance with the law (presence of witnesses, proper documentation, etc.). Chemical analysis: challenging the accuracy and reliability of the chemical analysis report. Identification: challenging whether the accused was correctly identified as the person in possession of the narcotics. Planting of evidence: raising the defence that the narcotics were planted by the police. See our guide on FIR and charge sheet analysis.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's criminal law team provide expert defence in narcotics cases. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Is the death penalty mandatory for narcotics trafficking in Bangladesh?
A: The death penalty is prescribed for trafficking in large quantities of certain narcotics, but it is not mandatory — the court has discretion.
Q: Can I get bail in a narcotics case?
A: Bail is restricted but not prohibited in narcotics cases. TRW has successfully obtained bail in many narcotics cases.
Q: What is the Narcotics Control Tribunal?
A: The Narcotics Control Tribunal is a special court with exclusive jurisdiction to try narcotics cases under the NCA 1990.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
The FIR (First Information Report), the forwarding report, and the charge sheet are the three most important documents in any criminal case in Bangladesh. Understanding these documents — their legal significance, their contents, and their weaknesses — is the foundation of any effective criminal defence. TRW — Tahmidur Rahman Remura Wahid Law Associates conducts a thorough analysis of these documents in every criminal case.
The First Information Report (FIR)
The FIR is the document that initiates a criminal case. It is recorded by the Officer-in-Charge (OC) of a police station when information about a cognisable offence is received. Under Section 154 of the CrPC, the OC must record the FIR in the prescribed form and read it over to the informant for verification. The FIR is a crucial document because: it sets out the allegations against the accused; it identifies the sections of law under which the case is registered; it records the time, date, and place of the alleged offence; and it is the starting point for the investigation. TRW obtains a copy of the FIR and analyses it carefully for inconsistencies, exaggerations, and legal deficiencies.
Common deficiencies in FIRs that TRW identifies include: vague or general allegations without specific details; allegations that do not constitute the offence charged; inconsistencies between the FIR and the complainant's subsequent statements; delay in filing the FIR without explanation; and FIRs filed by persons who were not present at the scene.
The Forwarding Report
The forwarding report is the document by which the police produce the accused before the Magistrate after arrest. It sets out the grounds for arrest, the sections of law applicable, and the police's request for remand. TRW analyses the forwarding report to identify: whether the grounds for arrest are legally sufficient; whether the sections cited are applicable to the alleged facts; and whether the request for remand is justified. TRW uses this analysis to challenge the remand application and to prepare the bail petition.
The Charge Sheet
The charge sheet (also called the final report or police report) is the document filed by the police at the conclusion of the investigation, recommending prosecution of the accused. Under Section 173 of the CrPC, the charge sheet must be filed within 60 days (for serious offences) or 30 days (for other offences) of arrest. TRW analyses the charge sheet to identify: the specific charges against the accused; the evidence relied upon; the witnesses named; and any legal deficiencies in the charge sheet. TRW uses this analysis to prepare the defence strategy for trial. See our guide on naraji petitions when the police file a final report recommending closure.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's criminal law team conduct thorough document analysis in every criminal case. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can I get a copy of the FIR?
A: Yes. The accused and their lawyer are entitled to a copy of the FIR.
Q: What happens if the charge sheet is filed after the prescribed period?
A: The accused is entitled to default bail under the proviso to Section 167(2) of the CrPC.
Q: Can the FIR be challenged?
A: Yes. An FIR can be challenged by writ petition before the High Court Division if it is filed maliciously or without legal basis.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
Understanding custody period calculation in Bangladesh is essential for protecting the rights of accused persons. The law prescribes strict limits on how long a person can be held in police custody and judicial custody, and failure to observe these limits entitles the accused to bail as a matter of right. TRW — Tahmidur Rahman Remura Wahid Law Associates monitors custody periods carefully and acts immediately when the prescribed limits are reached.
Police Custody (Remand) Limits
Under Section 167 of the CrPC, the total period of police custody (remand) cannot exceed 15 days in any case. This 15-day limit applies across all instalments of remand. The Magistrate can authorise remand in instalments of up to 7 days at a time, but the total cannot exceed 15 days. After the 15-day police custody limit is reached, the accused must be transferred to judicial custody (jail) if the investigation is not complete.
TRW calculates the total remand period from the date of first arrest and monitors each remand order carefully. If the police apply for remand beyond the 15-day limit, TRW objects vigorously and brings this to the Magistrate's attention.
Judicial Custody Limits and Default Bail
Under the proviso to Section 167(2) of the CrPC, if the police fail to file the charge sheet within the prescribed period, the accused is entitled to default bail as a matter of right. The prescribed periods are: 60 days for offences punishable with death, life imprisonment, or imprisonment for not less than 10 years; and 30 days for all other offences. These periods are calculated from the date of first arrest (not from the date of remand). TRW monitors these periods carefully and files for default bail immediately upon expiry.
Default bail is an important but often overlooked remedy. Many accused persons remain in custody beyond the prescribed period simply because their lawyer has not applied for default bail. TRW ensures that this remedy is used whenever it is available.
Co-Accused Bail Comparison
When applying for bail, TRW always checks the bail status of all co-accused persons. If co-accused persons with similar or greater alleged roles have been granted bail, TRW argues that the same standard should apply to the client. This is known as the co-accused parity argument and is one of the most effective grounds for bail in Bangladesh courts. TRW prepares a detailed comparison of the accused's role and the co-accused's role, supported by the case documents, and presents it to the court. See our guide on bail petitions in Bangladesh.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's criminal law team monitor custody periods and act immediately to secure default bail when the prescribed limits are reached. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: What is default bail in Bangladesh?
A: Default bail is bail granted as a matter of right when the police fail to file the charge sheet within the prescribed period (60 or 30 days from arrest).
Q: Can the police extend the remand period beyond 15 days?
A: No. The total period of police custody cannot exceed 15 days under any circumstances.
Q: Does the custody period include the day of arrest?
A: Yes. The custody period is calculated from the date of arrest, including the day of arrest.
