Published on April 21, 2025
✍️ By Dr. Sirazul Islam Gazi
Being arrested—whether due to a misunderstanding or legal suspicion—can be one of the most distressing events in a person’s life. In Bangladesh, arrest and detention are governed by constitutional rights, statutory provisions, and judicial interpretations, all designed to uphold justice and protect individual liberty.
Understanding the Legal Framework of Arrest in Bangladesh
The Constitution of Bangladesh guarantees certain fundamental rights that act as safeguards during arrest. Article 33 ensures that any person who is arrested must be informed of the reasons for their arrest and be allowed to consult a legal practitioner of their choice.
Grounds and Procedures for Arrest
Police officers can arrest a person with or without a warrant depending on the situation. Under Sections 54 and 151 of the Code of Criminal Procedure (CrPC), arrests without a warrant are permitted under specific conditions—such as suspicion of a cognizable offence. However, these powers must be exercised responsibly, as misuse can result in violation of constitutional rights.
Rights of the Arrested Person
- Right to know the grounds of arrest
- Right to legal representation
- Right to be produced before a magistrate within 24 hours
- Right against arbitrary detention
Judicial Oversight and Preventing Abuse
The Supreme Court of Bangladesh has issued guidelines to prevent abuse of arrest powers, emphasizing the need for justification in arrests under Section 54 of CrPC and mandating safeguards such as medical examination and written records of reasons for arrest.
Legal Remedies Available
If someone is unlawfully detained or arrested, they can file a writ petition under Article 102 of the Constitution. Habeas corpus can also be sought to challenge illegal detention.
Why Legal Awareness Matters
Many citizens remain unaware of their rights when faced with arrest or police action. This lack of knowledge can lead to unnecessary hardship or legal injustice. Understanding one’s rights and the legal process empowers individuals to protect themselves and ensures accountability from law enforcement agencies.
For a deeper insight into the legal protections available to arrested individuals and the procedures followed by authorities, read the full article as published in The Daily Observer here:
👉 Legal Aspects of Arrest in Bangladesh
