An Analysis on Incorporating the Alternative Dispute Resolution in Criminal Cases in Bangladesh: Challenges and Recommendations

Abstract

Access to justice is a sine qua non for citizen of a country. The legal system of a country should be framed in such a way that every citizen can enter into access to justice. Access to justice is only possible where every citizen can go to the court and take necessary action and remedy against the sufferings. The Constitution of Bangladesh under Article 27 says that every citizen is equal in the eye of Law and Article guarantees that everyone has the right to protection of law. Bangladesh is a developing country and comparatively poor country. The people of this country are also poor but the litigation cost and other harassment in the court discourages the people to go to court specially for the poor. But ADR is an instrument which may ensure the access to justice as it is low cost and no harassment. The ADR in civil litigation has been introduced in but in criminal cases it is yet to introduce like in civil matters. Section 345of the Code of Criminal Procedure 1898 has given a scope of introducing ADR in criminal matter at large.