The legal system of Bangladesh
A common-law system descending from British India through the Pakistan period, retaining the 1860 Penal Code, the 1872 Contract and Evidence Acts and both procedural codes. The Supreme Court has two divisions — the Appellate Division and the High Court Division — and the High Court Division exercises writ jurisdiction under Article 102. Muslim, Hindu and Christian personal laws govern marriage, divorce and succession according to the parties' community, and the Family Courts Ordinance 1985 provides a single procedural forum for all of them.
Legal tradition
Bangladesh belongs to the common law tradition. A common-law system descending from British India through the Pakistan period, retaining the 1860 Penal Code, the 1872 Contract and Evidence Acts and both procedural codes. The Supreme Court has two divisions — the Appellate Division and the High Court Division — and the High Court Division exercises writ jurisdiction under Article 102. Muslim, Hindu and Christian personal laws govern marriage, divorce and succession according to the parties' community, and the Family Courts Ordinance 1985 provides a single procedural forum for all of them.
How power is divided
Unitary, with eight administrative divisions and 64 districts exercising delegated rather than constitutional authority. The Chittagong Hill Tracts have a distinct regional council arrangement under the 1997 Peace Accord, and the three hill districts apply special rules on land transfer intended to protect indigenous communities.
Where law comes from
- The Constitution of 1972
- Supreme law; Part III rights are enforceable.
- Acts of Parliament
- Including inherited British Indian and Pakistan-era statutes still in force.
- Judicial precedent
- Appellate Division decisions bind all subordinate courts.
- Religious personal law
- Applies to marriage, divorce and succession by community.
- Ordinances
- Presidential legislation when Parliament is not in session, requiring later ratification.
The legal profession
A fused profession of advocates enrolled by the Bangladesh Bar Council after a law degree and the Bar Council examination. Rights of audience are tiered: enrolment permits practice in subordinate courts, and separate permission is needed to appear in the High Court Division and then the Appellate Division. The Bar Council is elected and, like Pakistan's, politically prominent.
Law by topic in Bangladesh
- Employment & Labour2006 Labour Act, with weaker rules inside export zonesThe Bangladesh Labour Act 2006 governs contracts, hours, termination and safety. Export processing zones operate under a separate 2019 Act with a workers' welfare association model instead of ordinary trade unions.
- Tax LawIncome Tax Act 2023 replaced the 1984 OrdinanceThe Income Tax Act 2023 consolidated direct taxation. Corporate rates sit around 27.5 percent for non-listed companies, with reductions conditional on receipts passing through banking channels.
- Civil Procedure1908 Civil Procedure Code and long delaysCivil suits proceed under the Code of Civil Procedure 1908 through Assistant Judge, Joint District Judge and District Judge courts, with appeal to the High Court Division. Backlogs measured in years are the defining practical feature.
- Property & LandForeign nationals effectively cannot own landBangladesh does not permit land ownership by foreign individuals. Foreign-owned companies may hold land for approved industrial purposes, and long leases are the practical route otherwise.
- Business & Corporate1994 Companies Act with an active one-stop investment registryCompanies are formed under the Companies Act 1994 through the RJSC registry. BIDA provides one-stop registration for foreign investors, and 100 percent foreign ownership is permitted in most sectors.
- Family LawReligion determines which personal law appliesMuslims, Hindus and Christians are each governed by their own family law. Muslim marriage and divorce follow the Muslim Family Laws Ordinance 1961; Hindu law has no statutory divorce.
- Criminal Law1860 Penal Code plus contested special statutesThe colonial-era Penal Code and 1898 Criminal Procedure Code remain the core. Special laws — the Digital Security Act and its 2023 replacement, and the Special Powers Act — have drawn sustained criticism for speech prosecutions.
- Immigration & NationalityWork permits routed through BIDA, not a labour ministryForeign employees need a work permit issued by BIDA (or the relevant zone authority) plus an E-type visa. Permits are tied to a sponsoring entity and a nominal local-to-foreign staffing ratio applies.
- Constitutional LawWritten constitution with a basic-structure doctrine and a 2024 ruptureThe 1972 Constitution is supreme and the Appellate Division may strike down amendments that damage its basic structure. Following the August 2024 uprising an interim administration took office and constitutional reform is under active consideration.
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