Legal Question in Criminal Law in Bangladesh

Criminal

What is the legal basis of conviction of an accused? Is the confessional statement, extra-judicial confessional statement, dying declaration of an accused is legal basis of conviction? when? when burden lies upon the accused? Which type of the witnesses is the basis of the conviction of the accused? what is embellishment evidence? what is hostile witnesses? what is tender witness? when we can tender a witness? value of hostile and tender witness in the trial? co-accused confessional statement value how much at the trial?


Asked on 9/20/07, 1:28 pm

1 Answer from Attorneys

Adnan Karim, Barrister Temple Court Chambers (Dhaka Annexe)

Re: Criminal

Seems an academic question, anyways.

A person is convicted when the charges brought against him are proved by evidence. Evidence is oral or documentary. Confessions/Admissions are important elements of evidence law. In general criminal cases the burden is always on the prosecution to prove the case. In company/corporate fraud under certain sections, the burden in on the accused. All persons are competent to testify unless the court finds otherwise. A conviction is not illegal merely because it proceeds upon co-accused testimony. A hostile witness is witness who goes against the party which calls him.

Your questions are too general. For such information, please see The Evidence Act, 1872. It will be helpful if you can be more specific.

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Answered on 9/21/07, 3:44 pm


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