Constitution of Bangladesh provides four fundamental
freedoms or safeguards upon a person arrested under
ordinary law.
- he cannot be detained in custody without being
informed of the charge against him/her as soon as may
be, of the grounds of his arrest (re-phrase);
- he must be given the right to consult and to be
represented by a lawyer of his own choice;
- he has the right to be produced before the nearest
magistrate within 24 hours of his arrest; and
- he cannot be detained in custody beyond the period of
24 hours without the authority of the magistrate.
Similar safeguards can be found in several provisions of the
Cr. P.C. Section 60 of the Cr. P.C provides that a police officer
arresting a person must produce him before the Magistrate
having jurisdiction. Section 61 provides that a police officer
must not detain an arrested person for more than twenty
four hours without the authority of a magistrate. The other
two guarantees are absent in the Cr. P.C. But these
constitutional and legal safeguards are honoured more in
the breach than their observance.
International Legal Obligations of
Bangladesh
Bangladesh has ratified or acceded to a number of
international human rights instruments that prohibit
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