Mobile Court in Bangladesh (2026) – Powers, Offences, Fines & Your Rights

A mobile court (ভ্রাম্যমাণ আদালত) is a special summary court that operates outside the traditional courtroom — moving to the location where an offence is being committed or where regulatory violations are suspected. Rather than waiting for a case to go through the ordinary criminal justice process, the mobile court enables an executive magistrate to investigate, try, convict, and sentence a person on the spot, often within minutes.

Mobile courts currently operate across Bangladesh in sectors including:

• Food safety and adulteration (bazaars, restaurants, food factories)
• Weights and measurements fraud (shops, markets)
• Environmental pollution (industrial areas, brick kilns)
• Consumer protection violations (shops overcharging or selling expired goods)
• Building code violations (construction sites)
• Drug laws (pharmacies selling medicines without prescription)
• Road transport regulations (vehicles without proper documents)
• Public health and sanitation violations

While mobile courts serve a genuine enforcement function, they have also been criticised for procedural shortcuts that sometimes violate the constitutional rights of accused persons. Understanding the law is essential whether you are a business owner, consumer advocate, or individual citizen.

The Mobile Court Act 2009 (Act No. LIX of 2009), known in Bangla as the ভ্রাম্যমাণ আদালত আইন ২০০৯, provides the formal statutory basis for mobile courts in Bangladesh. Prior to this Act, mobile courts operated under a 2007 executive order during the caretaker government. The 2009 Act converted them into a permanent feature of Bangladesh law.

Key structural features of the 2009 Act include:

• Section 3: Authorises the government to empower executive magistrates to conduct mobile court proceedings.
• Section 4: Specifies which laws can be enforced through mobile courts. These are listed in a Schedule attached to the Act and can be expanded by government notification.
• Section 5: Sets out trial procedure — the magistrate must allow the accused to make a statement before imposing any sentence.
• Section 6: Imposes a ceiling on punishment — mobile courts cannot impose imprisonment exceeding 2 years or fines exceeding Taka 2,00,000 (two lakh) for any single offence, regardless of what the parent law provides.
• Section 7: Provides for appeal against mobile court orders.
• Section 10: Bars courts from taking cognizance of an offence already dealt with by a mobile court (protection against double jeopardy).

The Schedule to the Act, as currently in force, lists over 40 laws under which mobile court proceedings can be initiated, covering food, environment, consumer protection, narcotics, building safety, road transport, and more.

Not every government officer can conduct a mobile court. The Mobile Court Act 2009 specifically limits this power to executive magistrates who have been assigned mobile court powers by the government under Section 3 of the Act. The key points are:

• Only Executive Magistrates (not Judicial Magistrates) are empowered to conduct mobile courts. The distinction matters — Bangladesh separated the executive and judicial magistracy under the Supreme Court directives in 2007. Judicial Magistrates handle criminal cases under the CrPC; executive magistrates handle regulatory enforcement.
• Executive Magistrates are officers of the district administration under the Deputy Commissioner (DC). They are typically Assistant Commissioners (AC), Upazila Nirbahi Officers (UNO), or Additional District Magistrates (ADM).
• The government specifies which officers have mobile court powers by gazette notification. An executive magistrate conducting a mobile court without proper authorisation is acting ultra vires, which can be challenged in the High Court.
• In practice, mobile courts are often conducted jointly with the police, army (during special drives), or sector-specific enforcement agencies (e.g., BSTI for weights and measures, BFSA for food safety).

It is important to verify the identity and authorisation of any magistrate conducting a mobile court action against you or your business. Failure of the magistrate to disclose their authority is itself grounds for challenge.

The Schedule to the Mobile Court Act 2009 currently covers enforcement actions under the following categories of law (the list is non-exhaustive as the government can add by notification):

• Food Safety: The Food Safety Act 2013 — sale of adulterated, rotten, or expired food products; use of harmful preservatives; operating food businesses without licence.
• Weights and Measures: The Weights and Measures Ordinance 1982 — using fraudulent or uncertified weighing equipment in commercial transactions.
• Consumer Protection: The Consumer Rights Protection Act 2009 — overcharging, deceptive advertising, selling goods below quality, refusing to give receipts.
• Environment: The Environment Conservation Act 1995 — releasing pollutants, operating polluting industries without clearance, brick kilns without proper licence.
• Narcotics and Drugs: The Drugs Act 1940 — pharmacies selling controlled medicines without prescription, stocking counterfeit medicines.
• Building Code: The Building Construction Act 1952 — construction without permission, violation of approved plan, unsafe structures.
• Road Transport: The Motor Vehicles Ordinance 1983 — driving without licence, overloading, unfit vehicles.
• Tobacco Control: The Smoking and Tobacco Products Usage (Control) Act 2005 — smoking in public places, selling tobacco to minors.
• Public Health: The Infectious Disease Prevention and Elimination Act 2018 — violations of public health orders.
• Land and Property: Certain provisions relating to illegal occupation of government land or encroachment on water bodies.

Note that the mobile court cannot try any offence not listed in the Schedule. Attempting to do so renders the conviction void and open to challenge.

This is one of the most important safeguards in the Mobile Court Act 2009. Regardless of the penalty prescribed in the parent law, a mobile court is constitutionally capped at:

• Imprisonment: Maximum 2 years (rigorous or simple) for any single offence. If the parent law prescribes a longer sentence, the mobile court can only impose up to 2 years. The remainder of the sentence would require a regular court proceeding.
• Fine: Maximum Taka 2,00,000 (two lakh) for any single offence. Again, if the parent law prescribes a higher fine, the mobile court is capped at two lakh.
• A mobile court cannot impose the death penalty, life imprisonment, or any sentence of imprisonment exceeding 2 years, no matter the gravity of the offence.
• Mobile courts cannot try scheduled offences of a serious nature listed under the First Schedule of the CrPC, such as murder, rape, or kidnapping. These require Judicial Magistrate or Sessions Court proceedings.

In practice, most mobile court penalties are fines rather than imprisonment. When imprisonment is ordered, it is typically for a matter of days or weeks for repeat or flagrant offenders. The immediacy and certainty of the penalty is the mobile court primary deterrent tool.

The table below shows common mobile court offences, the governing law, and the typical penalties that can currently be imposed:

Many people are unaware that they have meaningful legal rights even in the rapid-fire environment of a mobile court proceeding. The Mobile Court Act 2009 and the Constitution of Bangladesh both guarantee certain protections:

Right to Make a Statement (Section 5)

Before imposing any penalty, the magistrate must give you an opportunity to make a statement in your defence. This is not optional — it is a mandatory procedural requirement. If you are convicted without being given this opportunity, the conviction is procedurally defective and can be challenged on appeal.

Right to Know the Charge

The magistrate must inform you of the specific offence you are accused of committing and the law under which the charge is brought. A vague or unspecified charge is legally invalid.

Right to Verify Authorisation

You have the right to ask the executive magistrate to identify themselves and confirm their authorisation to conduct a mobile court under Section 3 of the Mobile Court Act 2009. A mobile court conducted by an unauthorised officer is void.

Right Against Self-Incrimination

Under Article 35(4) of the Constitution of Bangladesh, no person shall be compelled to be a witness against himself. While mobile court proceedings are summary in nature, this constitutional protection still applies. You cannot be forced to confess.

Right to Pay Fine Instead of Imprisonment

In most mobile court proceedings, the magistrate has discretion to impose a fine rather than imprisonment. You may request that the magistrate exercise this discretion in your favour, particularly for first-time or minor offences.

Right of Appeal

Any mobile court conviction can be appealed. This is perhaps the most important right — and it is discussed in detail in the next section.

A mobile court conviction is not the end of the road. Bangladesh law provides a clear appeals mechanism under Section 7 of the Mobile Court Act 2009:

1. Who hears the appeal? An appeal against a mobile court order lies before the Sessions Judge of the relevant district. The Sessions Judge has full power to confirm, modify, or set aside the mobile court conviction and sentence.
2. Time limit for appeal: The appeal must be filed within 30 days of the mobile court order. Missing this deadline can result in the appeal being barred, though courts have discretion to condone delay in exceptional circumstances.
3. Grounds for appeal: Common grounds include: (a) the offence was not in the Schedule of the Mobile Court Act; (b) you were not given an opportunity to make a statement; (c) the magistrate was not authorised; (d) the fine or imprisonment exceeded the statutory cap; (e) the facts did not constitute an offence under the charged law.
4. Stay of sentence: Upon filing the appeal, you can apply to the Sessions Judge for a stay of the sentence pending appeal — particularly important if you have been ordered to pay a large fine or undergo imprisonment.
5. Legal representation: Unlike the summary mobile court proceeding itself (where lawyers are not typically present on the spot), you are fully entitled to be represented by an advocate in the appeals proceedings before the Sessions Judge.

It is advisable to consult a criminal lawyer immediately after receiving a mobile court order that you intend to challenge, given the 30-day limitation period.

Beyond the appeal to the Sessions Judge, persons who believe that a mobile court action was fundamentally unlawful — rather than merely factually wrong — can approach the High Court Division of the Supreme Court of Bangladesh for constitutional relief under Article 102 of the Constitution.

Grounds for a High Court writ (certiorari or mandamus) against a mobile court include:

• The magistrate was not legally authorised to conduct a mobile court (ultra vires).
• The offence is not covered by the Schedule to the Mobile Court Act 2009.
• The penalty imposed exceeded the statutory caps (over 2 years or over Tk. 2 lakh).
• The proceeding violated a fundamental right guaranteed by the Constitution (e.g., right against self-incrimination, right to equality).
• The mobile court action was politically motivated or conducted in bad faith.

The High Court has historically been willing to scrutinise mobile court actions carefully. In several notable cases, the court has quashed mobile court convictions where procedural requirements were not followed. Filing a writ petition requires the assistance of an advocate enrolled in the High Court Division.

Additionally, if a mobile court action results in unlawful arrest or detention, a habeas corpus petition under Article 102(2)(b) of the Constitution is available to secure immediate release.

Despite their utility as enforcement tools, mobile courts in Bangladesh have attracted significant criticism from legal scholars, civil society organisations, and the courts themselves:

• No lawyers present: Accused persons in mobile court proceedings typically have no access to legal counsel at the time of the proceeding, compromising their ability to defend themselves effectively.
• Summary procedure risks injustice: The entire process from accusation to sentence can occur in minutes. There is no examination of witnesses in the traditional sense and no opportunity to present documentary evidence.
• Executive, not judicial: The separation of the executive and judicial magistracy means that mobile courts are run by executive officers who may face political pressure, creating risk of misuse.
• Expansion beyond original intent: Critics argue that mobile courts have expanded far beyond their original enforcement role and are sometimes used for purposes that should properly go through the ordinary criminal justice system.
• Constitutional tension: The Bangladesh Constitution guarantees the right to a fair trial under Article 31 and 35. Summary mobile court proceedings have been criticised as incompatible with these guarantees in certain applications.

These concerns make it especially important that anyone subjected to an unfair or illegitimate mobile court action knows their right to appeal and to seek High Court review.

If you or your business has been subjected to a mobile court order — whether a fine, closure notice, or imprisonment — it is important to act quickly. The 30-day appeal deadline under Section 7 of the Mobile Court Act 2009 is strict, and early legal advice can mean the difference between a conviction becoming permanent or being overturned.

Advocate Md. Shah Alam, operating from his Uttara, Dhaka chamber, has represented clients in mobile court appeal proceedings before Sessions Judges and in High Court writ petitions challenging unlawful mobile court actions. His team can assess the legality of any mobile court order, advise on grounds for challenge, and represent you at every level of the legal process.

Contact us today for an urgent consultation. Speak with our criminal lawyer to protect your rights against mobile court overreach.

Yes, under the Mobile Court Act 2009, an executive magistrate can impose on-the-spot imprisonment for up to 2 years for Schedule offences. However, in practice, mobile courts predominantly impose fines. Imprisonment is reserved for serious or repeat violations. You have the right to make a statement before any sentence is imposed.

The maximum fine a mobile court can impose is Taka 2,00,000 (two lakh), regardless of what the parent law prescribes. Similarly, imprisonment cannot exceed 2 years, even if the parent law provides for a longer sentence. These caps are set by Section 6 of the Mobile Court Act 2009.

Under Section 7 of the Mobile Court Act 2009, you can appeal to the Sessions Judge of the relevant district within 30 days of the mobile court order. The Sessions Judge can confirm, modify, or set aside the conviction and sentence. You should engage a criminal lawyer immediately to file the appeal within the deadline.

Yes. If the mobile court action was fundamentally unlawful — for example, the offence was not in the Schedule, the magistrate was not authorised, or the penalty exceeded statutory caps — you can file a writ petition in the High Court Division under Article 102 of the Constitution. The High Court has quashed several mobile court convictions on such grounds.

The Mobile Court Act 2009 does not guarantee the right to have a lawyer present during the on-the-spot summary proceeding. However, you have the right to make a statement in your defence. If the case goes to appeal before the Sessions Judge, you are fully entitled to legal representation.

A mobile court can order temporary closure of a business premises as part of its enforcement action. However, permanent closure or cancellation of trade licences typically requires separate administrative or regulatory proceedings, not a mobile court order alone. A lawyer can help you understand the scope of any closure order made against your business.