NCJ Number
88018
Date Published
1981
Length
7 pages
Annotation
Arrest and pretrial detention in Bangladesh take place under two broad categories of laws: ordinary laws inherited from British or Pakistani times and adopted with minor changes in Bangladesh and special laws enacted since Bangladesh became independent in 1971.
Abstract
Arrest and pretrial detention apply to persons accused or suspected of criminal offenses during the criminal investigation and trial stages. Arrest and pretrial detention may also be used to prevent persons from committing crimes. Several legal provisions provide safeguards against arbitrary arrest and detention. However, in a country like Bangladesh where most people are poor and illiterate, the mere existence of legal provisions may not provide adequate safeguards. However, the police have wide arrest powers, and lengthy delays occur before cases come to trial. The Special Powers Act of 1974 aimed to control the deteriorating law and order climate. The law permits preventive detention for 30 days, but those detained must be told of the grounds of detention and must receive a chance to submit representation against the order. The act also provides for a committee review of detention. The Emergency Power Rules issued in January 1975 effectively voided these provisions, but the rules were rescinded in November 1979. Although jails in Bangladesh are overcrowded, the number of prisoners has declined during the last 4 years. Basic jail reforms are also being undertaken. An appendix presents tables and a section of the Code of Criminal Procedure.