THE Police Act 1861, originally enacted during British colonial rule over the Indian subcontinent, still governs the police in Bangladesh in the 21st century. Designed to consolidate British power following the Great Rebellion of 1857, the Act prioritised maintaining colonial control over protecting citizens鈥� rights. It created a hierarchical police structure to suppress dissent and ensure loyalty to the empire. The British tailored its provisions to organise a force capable of rapidly quelling uprisings, enforcing their policies and maintaining control. Today, this Act is viewed as outdated and inadequate for addressing the needs of law enforcement in an independent and democratic Bangladesh.
Since Bangladesh鈥檚 independence in 1971, the country has undergone significant transformations in its social, political and legal systems. Urbanisation has accelerated, the population has increased substantially, and globalisation has introduced new dimensions of crime, such as cybercrime, transnational crime, human trafficking, organised crime and terrorism. The current legal framework under the 1861 Act does not sufficiently address these new challenges.
The Police Act of 1861 perpetuates a colonial mindset within the police force, wherein officers operate more as enforcers of state authority than as protectors of the public. This authoritarian model undermines the relationship between the police and the people, eroding trust and collaboration. The Act still enforces a rigid top-down command structure, leaving little room for transparency, accountability, or community-based policing approaches, which are essential for fostering public trust in a democratic society. Moreover, the police are often subject to political influence, as the Act gives substantial discretionary power to governments. This often results in the police being used as a tool of political control rather than as an independent law enforcement body.
The challenges of modern policing, such as dealing with cybercrime, gender-based violence, terrorism, and human rights issues, require a sophisticated, rights-based approach. However, the Police Act of 1861 offers little guidance on addressing these contemporary issues. There are no provisions for digital forensics, handling electronic evidence, or even standard procedures for addressing crimes like human trafficking or organised criminal networks. The law鈥檚 vague, outdated language fails to align with contemporary criminal justice standards.
One of the critical flaws in the Act is its failure to provide robust accountability mechanisms for police misconduct, abuse of power, extrajudicial activities or corruption, which have become perennial concerns in Bangladesh. Modern police reforms worldwide focus on increasing civilian oversight, promoting internal accountability, and ensuring legal recourse for victims of police misconduct 鈥� concepts that are entirely missing from the Police Act of 1861.
As Bangladesh has ratified international human rights treaties, including those concerning civil liberties, the Police Act鈥檚 provisions increasingly conflict with these obligations. The Act does not contain explicit safeguards against torture, illegal detention or discrimination, leading to frequent violations of human rights. Moreover, in the current global climate of human rights advocacy, a law like the Police Act of 1861 designed to serve a suppressive colonial regime is clearly anachronistic.
The Police Act limits police functions to two areas: crime and law enforcement. This narrow scope overlooks the broader responsibilities of a modern police force. In contrast, police duties should be aligned with the fundamental rights enshrined in the constitution of Bangladesh, particularly the protection of life, property and individual rights. This alignment would instill in officers a sense of pride and responsibility, as their role becomes that of guardians of citizens鈥� constitutional rights rather than mere enforcers of the law. This shift in focus would not only enhance the police鈥檚 public image but also cultivate a stronger culture of respect for the rule of law within the police.
Another key area of reform is the improvement of working conditions for police officers. The current system, inherited from the colonial-era Police Act of 1861, designates police officers as being 鈥渁lways on duty,鈥� a stipulation that often leads to burnout and low morale. The proposal advocates for bringing police working hours in line with international labour laws and the Universal Declaration of Human Rights, arguing that such reforms would humanise the police force and improve the quality of service. By scrapping Section 22 of the Police Act of 1861, which mandates continuous duty, police officers would be afforded the same rights as other professionals. This would ensure a healthier work-life balance, allowing officers to perform their duties more effectively and with greater job satisfaction. Implementing reasonable working hours would also create a more humane police force that is better equipped to serve the public. We cannot expect someone to protect the rights of others while their own rights are not being protected by the state. Moreover, the law should also incorporate provisions for community engagement, depoliticisation, accountability and oversight mechanisms, and rights-based policing.
The Police Act of 1861, a remnant of colonial rule, no longer meets the demands of a democratic Bangladesh. Its authoritarian origins, lack of accountability and outdated approach to modern crime underscore the urgent need for reform. The Act perpetuates an authoritarian police structure and fails to equip law enforcement with the tools necessary to address contemporary criminal justice challenges. For decades, scholars, civil society organisations, and policymakers have called for a comprehensive overhaul. Now, under the interim government, there is a great opportunity to modernise the Police Act to reflect the values of a democratic society, uphold human rights, and align with international policing standards. Reforming this legal framework is essential for fostering a more just, transparent and effective police force in Bangladesh.
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Md Motiar Rahman, a retired deputy inspector general of police, works at Anjuman Mufidul Islam.