Analysis of Decisions of the Higher Judiciary on Arrest and Detention in Bangladesh
- Section 24 of the Evidence Act 1872 should be
amended to include the terms ‘coercion’, ‘torture’ and
‘violence’ along with the terms ‘inducement, threat or
promise’ as conditions that make a confession
irrelevant and thus inadmissible.
- Modern methods of investigation should be
introduced and more forensic facilities should be put
in place to detect crime and gather evidence of crime.
- Adequate training should be given to the investigating
officers about modern scientific methods of
investigation.
Status of Implementation of the Guidelines
The guidelines delivered in the judgements of BLAST vs.
Bangladesh and Saifuzzaman vs. State are yet to be
implemented by the government by undertaking necessary
amendments to the relevant provisions of the Cr. P. C. The
government have filed appeals against these judgements
and as a result, these cases are still pending in the Appellate
Division of the Supreme Court. Implementation of these
guidelines requires political will on the part of the
government. The National Human Rights Commission of
Bangladesh and civil society should vigorously pursue the
implementation of these guidelines. According to a
commentator, “The directives of these two judgements are
not likely to be implemented by the executive organs of the
State on their own volition. Experience suggests that major
changes in the way powers are exercised requires sustained
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