The laws governing arrest, remand, and custody in Bangladesh are mainly found in two key documents:
• The Code of Criminal Procedure, 1898 (CrPC)
• The Constitution of the People’s Republic of Bangladesh
Other laws and guidelines also contribute to these legal procedures.

Arrest in BD

1. When Can a Person Be Arrested?

• With a Warrant: Generally, a person can only be arrested if a court has issued a warrant, which is a legal order for their arrest in BD. (Section 75, CrPC)
• Without a Warrant: In certain specific situations, a police officer can arrest someone without a warrant. (Section 54, CrPC) These situations include when:
o The person is suspected of being involved in a serious crime (a “cognizable offense”), or there’s a reasonable complaint or reliable information against them.

o The person is carrying tools used for breaking into houses without a valid reason.
o The person has been officially declared an offender by the court or the government.
o The person has something that is reasonably suspected to be stolen, or they are suspected of committing a crime related to the stolen item.
o The person is obstructing a police officer performing their duties or has escaped, or tried to escape, from lawful custody.

o The person is reasonably suspected of being a deserter from the armed forces of Bangladesh.
o The person is suspected of committing a crime outside of Bangladesh that would be punishable in Bangladesh, and they are subject to extradition or are liable to be detained under specific laws.
o A released convict violates the rules set under Section 565, sub-section (3) of the CrPC.
o Another police officer has requested the arrest in BD, providing details of the person and the reason for arrest, and the arrest in BD would be lawful without a warrant.

2. How is an Arrest Carried Out?

• To make an arrest in BD, the arresting officer must physically touch or hold the person, unless the person willingly submits to custody, either by what they say or do. (Section 46(1), CrPC)
• If the person resists or tries to escape, the officer can use necessary force to make the arrest. (Section 46(2), CrPC)
• However, the officer cannot use force that causes death unless the person is accused of a crime punishable by death or life imprisonment. (Section 46(3), CrPC)

• The person being arrested has the right to know why they are being arrested, and the officer must inform them as soon as possible. (Article 33(1) of the Constitution)
• If the arrest in BD is without a warrant but based on another officer’s order, the arrested person must be told the details of that order, and the order must be shown if requested. (Section 55, CrPC)
• The arrest in BD officer must identify themselves to the arrested person and, if the arrest is at their home or workplace, to the people present. They must also show their official ID if asked. (as per High Court Division guidelines)

• Once the arrest in BD person is taken to the police station, the officer must immediately record the reasons for the arrest, details of the offense, how the arrest in BD was made, and where the information came from. (as per High Court Division guidelines) The arrest in BD person must be given a copy of this record.

• If the person is not arrested at their home or in the presence of someone they know, the police must inform their nearest relative by phone or messenger within one hour of bringing them to the police station. (as per High Court Division guidelines)
• The arrest in BD person must be allowed to speak with their lawyer before being taken to court. (as per High Court Division guidelines and Article 33(1) of the Constitution)

3. Rights of Arrested Persons

• Right to be informed of the grounds of arrest: The arrested person has the right to know why they are being arrested. (Article 33(1) of the Constitution)
• Right to consult and be defended by a lawyer: The arrested person has the right to speak with a lawyer and have them defend them. (Article 33(1) of the Constitution)
• Right to be produced before a Magistrate within 24 hours: The arrest in BD person must be taken to the nearest Magistrate within 24 hours of the arrest. Travel time is excluded. (Article 33(2) of the Constitution and Section 61 of the CrPC)

• Right to remain silent: The arrest in BD person cannot be forced to give evidence against themselves. (Article 35(4) of the Constitution)
• Right to be medically examined: The arrest in BD person has the right to a medical examination, especially if there are claims of torture. (High Court Division)
• Right to apply for bail: Depending on the crime, the arrested person can apply to be released on bail.

Understanding Remand and Custody Laws arrest in BD

1. What is Remand?

Remand refers to the legal process by which a Magistrate authorizes the continued detention of an arrested person—either in police custody or jail custody—for the purpose of further investigation.

Purpose of Remand:

• The primary reason for remand is to provide the investigating agency adequate time to complete an investigation, especially when it cannot be done within 24 hours of arrest (Section 167, Code of Criminal Procedure – CrPC).
• However, remand is sometimes criticized for being misused—such as being used to extract forced confessions through torture.

2. Legal Provisions for Remand under Section 167, CrPC

• If an investigation cannot be completed within 24 hours, the arrest in BD person must be produced before the nearest Judicial Magistrate.
• The police must also present a copy of the case diary (investigation record) to the Magistrate.
• The Magistrate may authorize detention in police custody for a maximum of 15 days—either in one stretch or through multiple short periods.
• Beyond this, the Magistrate may allow further detention in judicial custody (jail), but only with proper justification.
• For serious offenses (punishable by death, life imprisonment, or over 10 years’ imprisonment), detention may continue up to 120 days if the investigation is not completed.
• For less serious offenses, detention may extend to 60 days. Beyond this, the accused has a right to bail if they are willing to provide it.
• The Magistrate must record written reasons for granting remand (Section 344, CrPC).
• A copy of the remand order must be sent to the Chief Metropolitan Magistrate or the Sessions Judge (Section 193(4A), CrPC).

3. Key Legal and Constitutional Considerations arrest in BD

• The term “concerned” in the law is broadly interpreted, which gives police wide discretion in arrests—raising risks of abuse.
• arrest in BD should only occur based on specific evidence—not vague suspicion.
• These powers must align with fundamental rights in the Constitution.
• Police must explain:
  • Why the investigation could not be completed within 24 hours.
  • Why they believe the information against the accused is credible.
• Forced confessions or information obtained via torture or coercion are inadmissible in court (Article 35(4), Constitution).
• Use of remand to extract information through violence or pressure violates constitutional guarantees.

4. Safeguards Against Misuse of Remand

Constitutional Protections:

• Article 35(5): Prohibits torture, cruel, inhuman, or degrading treatment or punishment.

Statutory Protections:

• Torture and Custodial Death (Prevention) Act, 2013 criminalizes custodial torture and deaths.
• High Court Guidelines (BLAST Case):
  • Right to consult a lawyer before and during remand.
  • Mandatory medical examination of the detainee before and after remand.

Procedural Limitations:

• Maximum 15 days in police custody.
• Continued judicial oversight by Magistrates is required to prevent abuse of remand powers.

5. Types of Custody

Police Custody:

• Detention at a police station for investigative purposes.
• Authorized by a Magistrate for a maximum of 15 days during investigation.

Judicial Custody (Jail Custody):

• Detention in jail under judicial order.
• Can occur:
  • After the 15-day limit of police custody.
  • During trial or post-conviction.

6. Legal Provisions on Custody

• Custody must be authorized by a Magistrate or court (Article 33(2), Constitution; Section 167, CrPC).
• Serious offenses: Maximum 120 days’ detention during investigation.
• Other offenses: Maximum 60 days before right to bail arises.
• Any form of torture in custody is strictly prohibited.

7. Rights of Persons in Custody

Fundamental Rights (Constitution of Bangladesh):

• Article 32: Right to life and personal liberty.
• Article 33: Protection from arbitrary arrest and right to consult a lawyer.
• Article 35(5): Prohibition of torture.
• Article 35: Right to a fair trial.

Rights under CrPC and Other Laws:

• Right to be informed of grounds of arrest.
• Right to legal consultation.
• Right to be produced before a Magistrate within 24 hours.
• Right to apply for bail.

Additional Rights:

• Humane treatment: Proper food, water, medical care, and hygiene.
• Right to contact family and legal counsel.
• Right to challenge illegal detention via writ of habeas corpus in the High Court Division (Article 102, Constitution).

Conclusion

Bangladesh’s legal framework provides detailed procedures and constitutional protections for remand and custody. While these provisions aim to strike a balance between effective law enforcement and the safeguarding of individual rights, improper implementation and misuse still remain significant concerns. Ensuring judicial vigilance, transparency, and accountability is essential to protect the rights of every person involved in the criminal justice system.