The InternationalCovenant on Civil and Political Rights: A Study on Bangladesh Compliance
For example, Section 60 of the CrPC stipulates that a policeofficer making an arrest without warrant shall, without
unnecessary delay and subject to the provisions relating to
bail, take or send the arrested person before a judicial
Magistrate or the officer-in-charge of a police station.34
Similarly, Section 61 puts restriction on detaining any person
for more than 24 hours, unless a judicial Magistrate issues a
special order to extend the duration of the detention under
Section 167. The detention mentioned in this section means
continuous detention. When the 24-hours detention and the
additional time necessary to bring an accused before a
Magistrate allowed by this section and the 15 days additional
detention allowed by Section 167 expire, an accused must
either be released by the police upon security, or the accused
must be forwarded under custody to a Magistrate who is
empowered to take cognizance of the offence upon a police
report.35
Under Section 167, when the Magistrate considers that
further detention is necessary for investigation, she is
required to apply her judicial mind to determine whether the
circumstances justify detention of the accused in police
custody. Police custody being an infringement of liberty
should not be ordered as a matter of course. If detention in
35
Section 167 of the CrPC only authorises the Magistrate to make an order with
regard to detention of the accused in such custody as he thinks fit and that too
for a term not exceeding 15 days on the whole. Unless the accused is brought
before the Court, no remand order can be passed.
37