IN BANGLADESH, the process of arrest is primarily governed by the Code of Criminal Procedure (CrPC) of 1898, which establishes the legal framework for detaining individuals suspected of criminal activity. Under Section 54 of the CrPC, police officers have the authority to arrest individuals without a warrant in specific situations, such as involvement in serious crimes like murder, theft, or terrorism, known as a cognisable offence. For non-cognisable offences, prior judicial approval is required. 听Other local and special laws also empower police officers to arrest without a warrant. Law enforcement officers wield significant discretion in arresting individuals suspected of cognisable offences or those deemed threats to public safety. The law requires that the arresting officer physically restrain the individual unless they voluntarily submit to custody through words or actions. When an arrest is made without a warrant, the detainee must be presented before a magistrate within 24 hours, excluding travel time. Any detention beyond this period requires judicial authorisation, ensuring oversight and preventing unlawful confinement.
Concerns persist over the misuse of arrest powers, particularly under Section 54, which has been criticised for enabling detentions without sufficient evidence and raising allegations of human rights violations. Critics argue that the broad discretionary authority granted under this provision can lead to arbitrary arrests and detentions. Frequent complaints highlight the arbitrary application of Section 54 and other special or local laws, often under preventive provisions of the CrPC, underscoring the need for professionalism and strict adherence to legal limits in policing. Since arrests inherently restrict an individual鈥檚 liberty and fundamental rights, they must be legally justified, serving either investigative needs or legitimate public security interests.
To uphold both the letter and spirit of the law, the arrest process and subsequent actions must strictly follow legal protocols. Ensuring transparency and ethical policing is essential, particularly in sensitive areas such as arrests, interrogations, and the humane treatment of suspects. Publishing crime statistics and audit reports is a crucial step toward rebuilding public confidence in law enforcement. Additionally, the Supreme Court of Bangladesh issued the landmark 鈥�15 Guidelines on Arrest and Remand鈥� in the BLAST vs Bangladesh case to prevent arbitrary arrests and abuse of power. These guidelines emphasise the importance of due process, transparency, and respect for human rights during arrests and detentions.
The practice of plainclothes police and other law enforcement officials conducting searches and arrests in Bangladesh without revealing their identity raises serious concerns about transparency, accountability, and due process. Such actions often foster doubt and suspicion among citizens, eroding public trust in law enforcement. The absence of proper identification makes it difficult to determine whether those making arrests are legitimate authorities, impostors, or criminal groups, creating opportunities for misuse of power, wrongful detentions, or criminal activities with ulterior motives.
In Bangladesh, multiple law enforcement agencies are involved in arrests and detentions, often leading to confusion and distress for the relatives of detainees, who struggle to locate their custody status. To uphold the rule of law and protect citizens鈥� rights, it is essential for law enforcement officers to follow established protocols, including proper identification and disclosure of their authority during such operations.
In Bangladesh, the lack of clarity regarding the cause of arrest and the failure to inform relatives of the detained persons about their exact location pose serious concerns for human rights and the rule of law. This opacity often results in heightened frustration, emotional distress, and mistrust among families and communities, undermining the fundamental principles of justice and accountability. Such practices may also enable potential abuse of authority and violations of procedural safeguards designed to protect individuals from arbitrary detention. To address these issues, it is imperative for law enforcement and other agencies to ensure that reasons for arrests are communicated transparently and promptly and that the whereabouts of detainees are disclosed to their families in accordance with legal and ethical standards.
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Police remand
Police remand for interrogation is a contentious yet integral part of the criminal justice system in Bangladesh. This process allows law enforcement to temporarily detain a suspect in their custody to extract information, conduct further investigations, or gather evidence related to an ongoing case. While police remand serves as a valuable tool for solving complex crimes, it is often criticised for potential misuse, violations of human rights, and the lack of proper oversight.
In Bangladesh, the power of the police to seek remand is primarily governed by the Code of Criminal Procedure, 1898. Under Section 167 of the CrPC, when an individual is arrested and cannot be released on bail, the police may request the magistrate to place the suspect under police remand for interrogation. However, such requests must be supported by reasonable grounds indicating the necessity of further custodial interrogation.
The duration of remand is determined by the magistrate and cannot exceed 15 days in total. Moreover, courts are expected to exercise discretion in granting remand, ensuring that the police provide adequate justification for their request. Legal safeguards are in place to protect the rights of detainees, such as the requirement to present them before a magistrate and the right to legal representation during remand hearings.
Despite the legal provisions, the practical application of police remand in Bangladesh raises several concerns. A significant issue is the alleged misuse of remand to coerce confessions through physical or psychological torture. Human rights organisations have reported numerous cases where suspects were subjected to inhumane treatment, including beatings, sleep deprivation, and threats, during their time in police custody. Such practices not only violate the Constitution of Bangladesh, which guarantees the right to life and freedom from torture, but also undermine the credibility of the justice system.
Police interrogations of suspects during police custody are a crucial part of criminal investigations, aimed at gathering information, clarifying facts, and determining a suspect鈥檚 involvement in a crime. Effective interrogation techniques include rapport-building, presenting evidence, and psychological strategies, all conducted within a controlled environment that upholds legal protections. However, coercion, threats, or mistreatment not only violate ethical and legal standards but also lead to unreliable confessions and wrongful convictions. The use of torture in police custody, despite being explicitly prohibited under international treaties like the UN Convention Against Torture, remains a serious human rights violation in some regions. Ensuring humane and lawful interrogation methods is essential to upholding justice and protecting individual rights.
Custodial deaths in Bangladesh remain a serious human rights concern, often linked to torture, excessive force, and abuse of power by law enforcement. These incidents expose systemic flaws within the criminal justice system, including a lack of accountability and transparency, which not only violate legal standards but also erode public trust in law enforcement. Widespread criticism from human rights organisations underscores the urgent need for reform to prevent further abuses, ensure detainee protection, and hold perpetrators accountable.
Similarly, the use of police remand under Section 167 of the CrPC must be justified by a genuine investigative necessity. Public trust demands that interrogations during remand remain free from physical torture, degrading treatment, or custodial violence, as such practices undermine the rule of law, erode confidence in law enforcement, and provoke public condemnation. Detention must never exceed the period authorised by the court, as any overreach threatens the principles of justice and accountability.
The use of police remand raises critical ethical concerns about balancing public safety with individual rights. While law enforcement agencies argue that custodial interrogation is necessary for solving crimes and preventing further offences, the risk of abuse and wrongful detention remains significant. The reliance on confessions obtained during remand undermines the principles of fair investigation, as coerced statements are often unreliable and may lead to the conviction of innocent individuals. Moreover, the disproportionate targeting of marginalised groups in remand proceedings highlights deeper systemic biases within the justice system. Members of disadvantaged communities, including dissenting voices and opposition political figures, are particularly vulnerable to mistreatment, exacerbating existing inequalities and further eroding public trust in law enforcement.
To address the issues surrounding police remand in Bangladesh, reforms should focus on strengthening judicial oversight by ensuring magistrates rigorously assess remand requests with proper training, enforcing the Torture and Custodial Death (Prevention) Act, 2013, to prevent custodial torture, and implementing surveillance measures like video-recorded interrogations. Additionally, modern investigative techniques, such as forensic science and digital evidence gathering, should be promoted to reduce reliance on confessions. Providing accessible legal aid, particularly for marginalised detainees, is essential to safeguarding rights and preventing wrongful detention.
In Bangladesh, there are persistent allegations that law enforcement authorities detain suspects for indefinite periods without proper judicial authorisation, violating legal safeguards and fundamental rights. Such practices often involve the misuse of legal provisions, such as preventive detention laws or delays in producing suspects before a magistrate, despite the constitutional mandate requiring prompt judicial oversight. Reports suggest that detainees are sometimes held in undisclosed locations, subjected to coercive interrogations, or denied access to legal counsel and family members. This lack of accountability raises serious human rights concerns, as prolonged detention without court approval increases the risk of abuse, torture, and forced confessions. Human rights organisations and legal experts have repeatedly called for stricter enforcement of due process, emphasising the need for transparent policing and adherence to constitutional and international legal standards to prevent arbitrary detention.
Enforced disappearance remains a critical human rights concern in Bangladesh, with allegations that law enforcement agencies and security forces detain individuals in secret, denying their whereabouts to family members and legal representatives. Victims, often political opponents, activists, journalists, or dissenting voices, are reportedly taken without formal charges, sometimes reappearing in custody after extended periods or, in some cases, never returning. These disappearances violate fundamental rights, including protection from arbitrary detention and the right to a fair trial, fostering a climate of fear and impunity. Despite official denials, calls for legal reforms and independent oversight continue to grow, emphasising the urgent need to uphold the rule of law and protect citizens from state abuses.
In Bangladesh, 鈥榗rossfire鈥� and 鈥榗ounter-killing鈥� are terms often associated with extrajudicial executions carried out by law enforcement agencies under the pretext of armed encounters. Authorities frequently justify such incidents by claiming that suspects were killed during shootouts while attempting to flee or attack officers. However, human rights organisations allege that many of these deaths are staged, with victims often being picked up beforehand and later found dead under questionable circumstances. Critics argue that these practices bypass due process, undermine the rule of law, and create a culture of impunity within law enforcement agencies. While some may defend such actions as necessary for maintaining law and order, the lack of independent investigations and judicial oversight raises serious concerns about human rights violations and the need for legal accountability to prevent misuse of power.
The processes of arrest and remand are essential components of the criminal justice system, yet they remain fraught with legal, ethical, and human rights concerns. While the legal framework, primarily governed by the Code of Criminal Procedure of 1898, provides the necessary authority for law enforcement to detain suspects, its implementation often raises critical questions about accountability, transparency, and the protection of fundamental rights.
Ultimately, law enforcement agencies must balance the need for effective crime control with the imperative to uphold the rule of law and human rights. Without meaningful reforms and strict adherence to legal procedures, the existing challenges surrounding arrest and remand will continue to erode public confidence in the justice system. Moving forward, a commitment to legal accountability, ethical policing, and respect for fundamental rights is essential for ensuring a fair and just system for all.
To be continued
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Dr Md Motiar Rahman is a retired deputy inspector general of police.
