13 August 2025

PRESS RELEASE

BLAST welcomes safeguards on arrest introduced in amendment to Code of Criminal Procedure

ফৌজদারি কার্যবিধির সংশোধনীতে গ্রেফতার বিষয়ক সুরক্ষা ব্যবস্থার অন্তর্ভুক্তিকে স্বাগত জানাচ্ছে ব্লাস্ট

BLAST welcomes the promulgation of the ICode of Criminal Procedure (Amendment) Ordinance, and the safeguards introduced into the law on arrest and remand. The Ordinance in the official gazette on 10 August 2025 in part and partially reflects the Supreme Court’s guidelines in Bangladesh and Others vs. BLAST and Others [69 DLR (AD) 2017] in 2003 .

The ordinance introduces 5 key safeguards for anyone facing arrest without warrant:

  • Use of Technology: Technology can be used for issuing summons, ensuring the accused’s presence, and publishing notices.
  • Communication with Detainees: A person arrested must be allowed to contact their family, friends, or lawyer within 12 hours of being taken to the police station.
  • Officer Identification: Arresting officers are now required to display proper identification, including a nameplate and ID card. The officer must also show their ID to the arrested person upon request.
  • Medical Care: If an arrested person shows signs of injury or claims to be unwell, they must be immediately taken to a nearby doctor for primary medical care.
  • Mandatory Arrest Memorandum: The amendments make it mandatory to prepare a memorandum of arrest. This document must be signed by at least one witness (a family member or a respected local person), or the reason for the lack of a witness must be recorded. The arrested person’s signature or fingerprint is also required unless they refuse, in which case the refusal must be noted. The law now clearly specifies what information must be included in this memorandum, which is a positive step toward ensuring the public’s right to information.

While welcoming these changes, BLAST has also raised several concerns and demands for further improvements:

  • Personal Information: The current provision for recording the “father’s name” and “husband’s name (where applicable)” should be changed to a more inclusive “name of the parent(s) / guardian / husband or wife.”
  • Notification Timeframe: The 12-hour limit for informing family members about an arrest is considered too long and unreasonable. BLAST is urging for immediate notification instead.
  • Incomplete High Court Directives: The new ordinance fails to include several crucial directives from the High Court regarding sections 54 and 167 of the Code of Criminal Procedure. These include provisions for questioning the accused in the presence of a lawyer, using transparent interrogation rooms, providing a copy of the complaint to the accuser, and informing them of the investigation’s decision. BLAST is demanding that these provisions be urgently included.
  • Remand Period: The organization is also calling for a reduction in the maximum 15-day remand period.

BLAST calls on the Interim Government to put in place immediate measures for training for police and judicial magistrates, and to take action against those that do not comply with these provisions. If the law is not enforced, it will be little more than an ornamental exercise.

Issued by:

Communications Department

Bangladesh Legal Aid and Services Trust (BLAST)

Email: communication@blast.org.bd

 

Media Coverage:

1) BLAST welcomes safeguards on arrest introduced to the Code of Criminal Procedure: The Daily Star