Arrest without warrant in Bangladesh: Law in books versus law in action

• Main Authors: Rana, Md Sohel, Dhanapal, Saroja
• Format: Article
• Published: Manonmaniam Sundaranar Univ 2020
• Subjects: K Law (General)
• Online Access: http://eprints.um.edu.my/36592/
• Institution: Universiti Malaya

The objective of this research is to analyze the discrepancies of textual laws of arrest in Bangladesh which substantially differ from the actual application. The Criminal Procedure Code 01 1898 is the key piece of law currently in place in Bangladesh allowing police to arrest anyone who breaches the existing laws of the state. Generally, the police can arrest a person who has been given an arrest warrant by the competent court. But section 54 of the Code of Criminal Procedure authorizes the police to arrest a person without a warrant of arrest. It is the exception to the arrest rule. However, police are alleged to abuse this section in various ways by using the section's ambiguous wording. Bangladesh's constitution granted certain fundamental rights that must be upheld in every way. Having regard to the Bangladesh Constitution, the Supreme Court of Bangladesh issued some guidelines as a form of directives that a police officer requires to follow at the time of the arrest. Although the good laws are in place to function, the realistic or actual implementation of these laws is still in question. Therefore, there is a significant difference existing between the laws in books and the laws in action.