police officer reasonably thinks might commit a crime or any person who cannot give a satisfactory account of him or herself. Section 151 of Cr. P.C. states that a police officer knowing of an intention of a person to commit any cognizable offence may arrest him, without orders from a magistrate and without a warrant, if it appears to such officer that the commission of the offence cannot be otherwise prevented. These provisions are abused and the use of torture and ill-treatment are more often found necessary by law enforcement agencies under these provisions. 25. Although the Magistrate before whom the detained person is to be produced within 24 hours, has the duty to apply his mind and grant even judicial custody only for good reason, and police custody even more sparingly (the latter not exceeding fifteen days in the whole) and this too after scrutinizing case diaries, it is found that this is seldom done with the solemnity that it deserves. In Bangladesh, custodial confessions are outlawed unless made to a Magistrate and then, if an accused states that he is unwilling to make a confession, he must be sent only to judicial custody if not released.24 Section 27 of the Evidence Act, a statement made by the accused in police custody that leads to the recovery of incriminating information and when it is found to be true, is admissible in court. This provision enables law enforcement officials to use material evidence obtained through torture25. In most cases, custodial torture is used to extract such incriminating information. Considering the potential abuse of the provision, the High Court Division in Zillur Rahman vs. the State26 has emphasised that section 27 of the Evidence Act needs to be construed as far as possible in favour of the accused. 26. Indiscriminate order of remand for extracting confessions immensely contributes to culture of custodial torture. The provision relating to presenting the accused person before a magistrate within 24 hours of his arrest is also frequently violated. The requirements laid down in section 164 of the Cr. P. C. are frequently ignored by the magistrates. The formalities such as informing the accused that he was not bound to make a confession, that what he said could be used as evidence against him, ensuring that the police were not present in the court room, giving the accused time to reflect before he makes his statesment and making sure that the confession is voluntary given - are often disregarded by the magistrates. There is overwhelming evidence to support the view that most of the information/ confession extracted during remand is not voluntary. The involuntary means for extracting confession goes against the article 35(4) of the constitution, which provides that no person shall be compelled to be a witness against himself. 27. Under the four Metropolitan Police Ordinances, police can arrest a person without warrant in certain situations.27According to Section 34 of the Police Act of 1861, if any one does any of the 24 Sections 162. 164 CrPC and Sections 25 and 26 Evidence Act. Torture in Bangladesh 1971-2004, Making International Commitments A Reality and Providing Justice and Reparations to Victims, August 2004, A Study prepared by Lutz Oette for Redress. 26 6 MLR(HCD)(2001) 99 27 See section 86 and 100 of Dhaka Metropolitan Police Ordinances- a person can be arrested if he is found between sunset and sunrise in following situations: a. equipped with dangerous instruments without satisfactory excuse; b. with face covered or otherwise disguised without satisfactory excuse; c. being present in any dwelling house or other building, or on board any vessel, boat or veiche without satisfactory reason; d. lying or loitering in any street or other places without satisfactory reason; 25 14