Aministration of Justice

Definition of Administration of Justice:
The most essential functions of a state are Primarily two; war and administration of justice. If a
state is not capable of performing either or both of these functions,it can not be called a state.
According to Salmond, “The administration of justice implies the maintenance of right within a
political community by means of the physical force of the state.”
Classification of Administration of Justice:

It is divided into two classes-
1) Civil Justice
2) Criminal Justice
1)Civil Justice :
Civil Justice is concerned with the enforcement of the right of the plaintiff, which is violated by
the defendant.Here court follows the Civil proceedings. Civil Justice is remedial in nature.The
basic objective of civil justice is not punitive.Some examples of civil wrong are: Breach of
contract, payment of debt,trespass of land.
2)Criminal Justice :
Criminal Justice is concerned with the punishment of wrongdoers. So it is penal in nature. Here
the court is not required to perform any duty. But punish him if he is satisfied that an offense has
been committed by him.So,criminal justice is concerned with the accused and his offense. The
basic objective of criminal justice is punishment. Some examples of criminal justice are:
Murder, Kidnapping,Extortion etc.
*****Classification / Kinds of punishment in Bangladesh :

According to section -53 of the Penal Code there are six kinds of punishment in Bangladesh.
These are -
1)Death sentence
2)Imprisonment
3)Imprisonment for life
4)Forfeiture of property
5)Fine
6)Solitary Confinement
1)Death sentence:
In the history of punishment, death sentence has always occupied a very important place. In
ancient times and even in the middle ages, sentencing of offenders to death was very common
kind of punishment. Even for what might be considered as minor offenses in modern times,the
death penalty was imposed.
In Bangladesh death penalty is given by-
Section :121- Waging or attempting to wage war, or abetting waging of war,against

Bangladesh.
132- Abetment of Mutiny, if mutiny is committed in consequence thereof.
194- Giving or fabricating false evidence with intent to procure conviction of capital offence.
302- Punishment for murder.
303- Punishment for murder by life convict.
305- Abetment of suicide of child or insane person.
307- Attempt to Murder.
326A- Voluntarily causing grievous hurt in respect of both eyes, hand or face by means of
corrosive substance.
364A- Kidnapping or Abducting a person under the age of ten.
396- Dacoity with Murder; of the Penal Code 1860.
It prevents the criminal from the repetition of crime. It’s capable of decreasing crime. It confirms
the legal retribution.
2)Imprisonment :
Imprisonment is one kind of punishment which is the most simple and common punishment
used all over the world.Imprisonment is sometimes simple and sometimes rigorous.
3)Imprisonment for life :
It's a rigorous punishment.Because it is continued for a minimum of 30 years.
By the article- 49 of Bangladesh Constitution imprisonment for life time can be removed by
establishing a precedent.
4)Forfeiture of property :
It’s one kind of punishment for the accused person.Forfeiture of property is a form of
confiscation of assets by the state. It typically applies to the alleged proceeds or instruments
of crime. This applies, but is not limited, to terrorist activities, drug related crimes,and other
criminal and even civil offenses.The purpose of forfeiture of property is to disrupt criminal
activity by confiscating assets that potentially could have been beneficial to an individual or
organization.
5)Fine:
It is another common punishment to prevent repetition of crime. The offenses which are not
serious in nature,are punished with fines.This mode of punishment was especially used for
offenses involving breach of traffic rules and revenue laws.It is considered as an appropriate
punishment for minor offenses and crime related to property. Financial property may either be
in the form of fine or compensation or costs.
6)Solitary Confinement :
Another kind of punishment is solitary confinement which is an aggravated kind of punishment.
In our country the punishment is given according to section-73,74 of the Penal
Code,1860.This kind of punishment is inhuman and perverse. But it still exists in our Penal
Code. There is every possibility of a man of sound mind health being turned into a lunatic.It
used in excess it may inflict permanent harm on the offender. However, if it is used in
proportion, this kind of punishment may be useful.If those limits are surpassed, it becomes
cruel.
*****Comparison of Civil and Criminal Justice :

Aministration of Justice

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Definition of Administration of Justice:

Classification of Administration of Justice:

*****Classification / Kinds of punishment in Bangladesh :

Section :121- Waging or attempting to wage war, or abetting waging of war,against

*****Comparison of Civil and Criminal Justice :

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