Table of Contents

No Topic Page No

1 Executive Summary 3

2 Acknowledgement 4

3 Introduction 5

4 Provisions of Arrest without Warrant 5-6

Case Reference 6

5 Present Context of Bangladesh 7

Recent occurrences 7-8

6 Comparison 8-10

a. Arrest without warrant in Australia 8

b. Arrest without warrant in UK 9

c. Arrest without warrant in India and Pakistan 10

7 Remand 10-11

8 Present Context of Bangladesh 11-12

a. Methods of torture: 11

b. Case Reference 12

9 Abuse of police Power 12

10 Constitutional Provisions in Bangladesh 13-14

11 Duty of court 14

12 Leading cases of Bangladesh 14-15

13 Conclusion 16

14 Court visit 17-18

15 Our Recommendation 18

16 Bibliography 19
 Executive Summary

We have been assigned to compare and find out the differences between the Provisions and the
present context of Arrest without warrant and Remand in Bangladesh. We the group members have
tried our best to collect information on the topic. Our main focus is on section 54 and 167 of the Code of
Criminal Procedure, 1898.

The Police have been given the power to arrest without warrant in reasonable suspicion in some
grounds by section 54. This provision is to prevent crime before it harm common people. The Legislature
had added it for the purpose of safety to the common people. But now their intention turns out to be
backfired. The police misuses this section for their own personal purpose and political. It is really sad to
say that through our work we have found that they use it for earning and to harass people.

In the language of section 167 Remand is only a way of investigation. It only arises when Police fails to
complete investigation within 24 hours. The police also misuses this section for their own personal
purpose and political. It is really sad to find out that the police use it for earning and to torture people
brutally.

2
 Arrest without Warrant and Remand in the context of Bangladesh

Introduction:

In a rule of law society, no one can remain above law. All are to live their lives within the boundaries of
law. Society grants members of law enforcement agencies an enormous power over citizens to keep the
peace and to preserve social order. The police are granted a great deal of freedom to use their judgment
regarding which laws to enforce, when and against whom. The duty of the police is to install a sense of
security in the ordinary citizens, and to protect the life and property of the citizens when they are in
danger. But this wide range of options and authority can lead to the abuse of their power. Arrest
without Warrant and Remand are the most abusive section among the Police officers.

At first, three words should be clear which, are the main words in the assignment. They are:

Arrest: It is a process of taking charge against a person and taking him to the police station because he
has committed or is likely to commit an offence.

Warrant: A warrant is a legal document that allows someone to do something. Especially which is
singed by a Judge or Magistrate and gives the Police permission to arrest someone or search their
house.

Remand: It is used to refer to the process of interrogating someone in custody or on bail or to the
period of time until their trial begins.

Provisions of Arrest without Warrant:

Section 54 of the Criminal Procedure Code, 1898 provides the arrest of any person by a Police Officer
without a warrant and without an order from a Magistrate in respect of the following grounds:

(i) Any person who has been concerned in any cognizable offence, or if a reasonable complaint has been
made against him, or if credible information has been received or a reasonable suspicion exists of his
having been so concerned; or

(ii) Any person who has in his possession, without any lawful excuse, any implement of house-breaking;
or

3
(iii) Any person who has been proclaimed as an offender, either under the Code or by any order of the
State Government; or

(iv) Any person in whose possession anything is found, which may reasonably be suspected to be stolen
property, or

(v) Any person who obstructs a Police Officer while in the execution of his duty, or any person who has
escaped, or attempts to escape from lawful custody; or

(vi) Any person who is reasonably suspected of being a deserter from any of the Armed Forces of the
Union; or

(vii) Any person who is concerned in any act committed at any place outside Bangladesh, which if
committed in Bangladesh, would be punishable as an offence, and for which he is liable to be
apprehended or detained in custody in Bangladesh under the law of extradition; or

(viii) Any person who is a released convict, and who has committed a breach of any rule made under
Section. 565(3) of the Code; or

(ix) Any person for whose arrest any requisition (whether written or oral) has been received from
another Police Officer for the arrest of that person.

Section 55 of the Criminal Procedure Code, 1898 provides that Police may arrest without warrant the
followings-

- Vagabonds,
- Habitual robbers,
- Habitual house-breakers
- Habitual thief or extortion,
- Habitual receiver of stolen property.

Section 57 of the Criminal Procedure Code, 1898 provides that Police may arrest without warrant the
person who has refused to give name and residence.

Section 58 of the Criminal Procedure Code, 1898 provides that Police may arrest without warrant at the
time of pursue an offender who is to be arrested.

Case references1:

21 A.L.J. 791--If the person to be arrested is covered by any of the above clauses, the Police Officer can
arrest the person without a warrant, even if the Police Officer is not in his uniform.

1
www.shareyouressays.com

4
50 Cr. L.J. 578-- The Courts have cautioned that in cases where there is some personal enmity between
the Police Officer and the arrested person, a very high standard of evidence would be required to prove
that the Police Officer acted in good faith in arresting such a person.(

46 Mad. 605--When two Police Officers arrested a man without a warrant, for being drunk and creating
disturbances on a public road, and confined him in the Police Station, although one of the Police Officers
knew his name and address, it was held that the Police Officers’ action was not justified.

Maharani of Nabha v. Province of Madras2-- As regards clause (ix) above, formerly, there was some
doubt whether the “requisition” referred to in this clause and to be in writing before it could be validly
acted upon. Now, under the present Code, this controversy has been settled by the addition of the
words, “whether written or oral”. Thus, even a telephone message is now covered.

Present context of Bangladesh:

The legal and the real situation of section 54 are totally different from each other. In real Police arrest
people their will. . The phrase ‘reasonable suspicion’ is not defined and as such creates ample scope for
misuse by police. The use of “reasonable suspicion” has made this power arbitrary to the Police. They
arrest and show it as reasonable suspicion.

People are now living in a society where everyone fears for his life, where anyone could be abducted or
become victim of forced disappearance.

Right activist and lawyer Sara Hossain said that suspension of police operation without uniform had
proved that the criminals were taking advantage of abuse of law by the police3.

Recent occurrences:4

The provision has not only encouraged the Police to be abusive but also has shown the criminals new
tactics of crimes. The new tactics adopted by criminals has forced the police authorities to ask their
personnel not to conduct operation without uniform although miscreants could easily buy police
uniforms and some other equipment from markets under the nose of the administration.

 Criminals identifying themselves as members of Rapid Action Battalion had abducted

Nayarayanganj city panel mayor Nazrul Islam, the city court senior lawyer Chandan Kumar
Sarker and five of their associates on April 27. Their bodies were found floating in Shitalakhya
river and a ditch after three days.

2
1942 Mad. 696
3
Www. newagebd.net
4
Www. newagebd.net

5
  Abu Bakar Siddik, a businessman and the husband of internationally acclaimed green
campaigner Syeda Rizwana Hasan, was abducted by criminals in the same way identifying
themselves as members of law enforcement agencies on April 16, claimed the victim after
being released after more than 30 hours.
 On May 1, two police constables and a police informant were arrested and the court sent them
to jail on charges of abduction and taking ransom from an NGO official in Kurigram.
 At least 74 people were either killed or found dead in Narayanganj since January, 2014.
 Police headquarters statistics showed that 168 incidents of kidnap and abduction were recorded
in October-December, 2013 while the figure was 196 for January-March in 2014.

Comparison:

Arrest without warrant is familiar in all over the world. Al most in every country common people has to
face it. The legislature kept this provision to prevent the crime before it harm common people. But it is
now known as a vast power to act arbitrarily. In below we tried to find out a comparison among some
countries of the world:

Arrest without warrant in Australia:

The power to arrest is granted by both federal and state legislation, how ever the exact power granted
differs depending on jurisdiction.

The power to arrest for a Federal offence is granted by the Crimes Act 1914.[3]. Under the Act, a person
who is not a police constable may, without warrant, arrest another person if they believe on reasonable
grounds that5:

 The other person is committing or has just committed an indictable offence ; and
 Proceedings by summons against the other person would not ensure the appearance of the
person before a court in respect of the offence like prevent a repetition or continuation of the
offence or the commission of another offence; prevent the concealment, loss or destruction of
evidence relating to the offence; prevent harassment of, or interference with, a person who
may be required to give evidence in proceedings in respect of the offence; prevent the
fabrication of evidence in respect of the offence; or would not preserve the safety or welfare of
the person.

5
en.m.Wikipedia.org

6
A person who arrests another person must, as soon as practicable after the arrest, arrange for the other
person, and any property found on the other person, to be delivered into the custody of a constable.

Arrest without warrant in UK6:

An arrest without warrant is an arrest of an individual in England and Wales, usually under Section 24
or Section 24A of the Police and Criminal Evidence Act 1984.

Section 24 [1] of Police and Criminal Evidence Act 1984, provides that a constable may arrest, without a
warrant, anyone who is about to commit or is currently committing an offence or anyone the constable
has reasonable grounds to believe to be about to commit or currently committing an offence. The
constable is also entitled to arrest anyone guilty of an offence or anyone who he reasonably believes to
be guilty of an offence. However, the constable must have reasonable grounds that any of the following
reasons make it necessary to arrest the person in question:

To enable the real name or address of the person in question to be ascertained, or to prevent the
person in question –

 causing physical injury to himself/herself or any other person,

 suffering physical injury,
 causing loss of or damage to property,
 committing an offence against public decency
 Causing an unlawful obstruction of the highway.
 To protect a child or other vulnerable person from the person in question,
 To allow the prompt and effective investigation of the offence or of the conduct of the person in
question,
 To prevent any prosecution for the offence from being hindered by the disappearance of the
person in question.

Section 24A has similar provisions for citizens' arrests but the reasons permitted for arrest by anyone
other than a constable are limited to preventing the person in question from causing injury to the
arrestor, themselves or to others ;preventing property damage; or preventing the person in question
from making off before a constable can assume responsibility for him.

The definition of an arrest, however, is contained in the judgment of Lord Diplock, where he stated that
an arrest is "a continuing act; it starts with the arrester taking a person into his custody, (sc. by action or
words restraining him from moving anywhere beyond the arrester's control), and it continues until the
person so restrained is either released from custody or, having been brought before a magistrate, is
remanded in custody by the magistrate's judicial act.7"

6
en.m.Wikipedia.org
7
Holgate-Mohammed v Duke

7
In the Philippine setting8, a peace officer or a private person may, without a warrant, arrest a person:

a. When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;

b. When an offense has just been committed and he has probable cause to believe , based on personal
knowledge of facts or circumstances, that the person to be committed has committed it;

c. When the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or temporarily confined while his case is pending, or has escaped
while being transferred from one confinement area to another;

d. Where the accused released on bail attempts to leave the country without court permission;

e. Violation of conditional pardon, punishable under Article 159 of the Revised Penal Code as a case of
evasion of service of sentence; and

f. Arrest following a Deportation Proceeding by the Immigration Commissioner against illegal and
undesirable means.

Arrest without warrant in India and Pakistan:

The present situations of the provision are same in these countries. Every day there are several cases
where people have to suffer this oppression of police. Getting this power police thinks themselves as
king of law and law makers. Many innocent people have to give away their life being the object of brutal
torture in remand after arrest without warrant. There have been several cases of conviction of police
officers for causing death in custody. The leading cases are-

1. Arun Murder- Case

2. Yasmin Murder -Case
3. Rubel Murder -Case.

Remand:

The word “Remand” has not been recognized by the Criminal Procedure Code, 1898. Section 167 of the
Criminal Procedure Code, 1898 provides that when investigation can not be completed within 24 hours,
the Investigating officer shall apply for some more time before the Court. If the Court satisfies it may
grant for a term not exceeding 15 days at a whole.

The Police Act, 1861 authorizes senior police officers of the rank of district superintendent of police and
above to dismiss, suspend or reduce in rank any police officer below the rank of inspector of police who

8
en.m.Wikipedia.org

8
they think is remiss or negligent in the discharge of his duties or is unfit. They are also authorized to
impose one or more of the other punishments: a fine not exceeding one month's pay, confinement to
quarters not exceeding 15 days, deprivation of good conduct pay and removal from any office of
distinction or special emolument.

Present context of Bangladesh:

But the present scenario of remand has no relation of these provisions. The term 'remand' is practically
synonymous with torture for extracting confession. This is another sector of corruption by the Police.

In practice, the authority of police leadership in Bangladesh has eroded over time by political
interference, leading to a loss of discipline in the force and the promotion of a tendency at different
levels within the police to seek outside patronage for rewards and protection against punishment. There
are also allegations that police departments sometimes suppress incidents of misconduct by individual
police officers because the revelation of the facts could damage the image of the police force. All these
serve as the reasons for decline in the effectiveness of departmental mechanisms to ensure police
accountability. Though the police authority always claims that they do punish a good number of police
officers each year for their wrongdoings, people do not see any visible outcome of such internal
accountability mechanism. Day by day, the incidents of police brutality and abuse of power are
increasing9. For many years, torture has been the most widespread and persistent human rights
violation in Bangladesh but has been routinely ignored by successive governments since Bangladesh’s
independence in 1971.

Methods of torture:

“Torture” means any act by which sever pain or suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from him or a third person information or a
confession, punishing him for an act he or a third person has committed or is suspected of having
committed, or intimidating or coercing him or a third person, or for any reason based on discrimination
of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or
acquiescence of a public official or other person acting in an official capacity.

Methods of torture have included beating with rifle butts, iron rods, bamboo sticks, or bottles filled with
hot water so they do not leave marks on the body, hanging by the hands, rape, “water treatment” in
which hose pipes are fixed into each nostril and taps turned on full for two minutes at a time, the use of
pliers to crush fingers, and electric shocks10.

9
www.archive.thedailystar.net
10
www.write3.com

9
Allegations of torture are rarely investigated, particularly when victims are members of opposition
parties. On the rare occasions when allegations of torture have been investigated, this has usually been
due to a public outcry generated by the death of the victim. In other cases, victims who have filed
complaints about torture in police custody have been put under pressure by police to withdraw the
case. This has most often been done by threats and intimidation, but in some instances, money has
been offered to the victim in return for the withdrawal of the case as “out of court settlement”.

According to Section 27 of the Evidence Act, a statement made by the accused in police custody that
leads to the recovery of incriminating information is, when it is found to be true, admissible in court.
This provision enables law enforcement officials to use material evidence obtained through torture.
There is a widespread belief that most of the information and confessions extracted during remand are
not voluntary.

Case Reference:

The government continued to persecute 17-year-old boy, Limon Hossain, whom RAB officials shot and
maimed in March 2011. Although the government initially said that Hossain was injured in a botched
RAB operation, it quickly retracted the statement and filed criminal charges against him. In August 2012,
an alleged RAB informant attacked and beat Hossain in a street in his hometown. Instead of protecting
Hossain, the government filed further charges against him, and accused him and his relatives of
murdering a bystander.

Abuse of police Power:

Senior Supreme Court lawyer Rafique-ul –Huq told “Arrest without warrant is a common practice
although the police must follow the Code of Criminal Procedure as well as the High Court directives in
this regard”.11

This wide range of options and authority leads to the abuse of their power. Some police officers come to
see themselves not as simply enforcers of the law, but as the law itself. Frequent arrest of citizens
without warrant by law enforcers, including police in plain clothes, has caused worries among the
citizens as criminals identifying themselves as law enforcers nowadays abduct people for ransom or
political reasons or even for personal infliction.

Unqualified use of the qualified power of arrest a lot have been written on the abuse of the Section 54
of the Code of Criminal Procedure. The Code of Criminal Procedure, 1898 deals with some of the crucial
procedural elements of the power and function of the police. Chapter V of the Code particularly deals
with procedure and mode of arrest of which section 54 is of utmost important. It grants police qualified

11
Www. newagebd.net

10
power of arrest any person on reasonable suspicion without warrant on nine grounds practically section
54(1) is the most abused section of the Code. The Police, in fact do not comply with the provision in its
totality.

The criminal justice system lacks adequate procedural safeguards against police abuse, as it grants the
prosecution wide powers concerning pre-trial custody, accesses to lawyers, and access to forensic
evidence. Against the backdrop of such flagrant violations of the letter of the colonial law, the role of an
assertive, pro-active higher judiciary becomes more important to break the unfortunate nexus between
police and magistracy.

The security forces’ practice of disguising extrajudicial killings as “crossfire”, killings or legitimate
confrontations between alleged criminals and security forces continued, as did disappearances of
opposition members and political activists. A prominent labor activist was kidnapped and killed, and
other labor activists threatened.

According to Odhikar, a Dhaka-based human rights organization, at least 1,600 people have been
victims of extra judicial killings since 2004. According to Odhikar, at least 12 people died in custody due
to police torture in 201112.

Constitutional Provisions of Bangladesh

Article 27 of the Constitution of Bangladesh guarantees the right to equality and equal protection of
law.

Article 31 provides that no action detrimental to the life, liberty, body, reputation or property of any
person shall be taken.

Article 32 provides that no person shall be deprived of life, personal liberty, save in accordance with
law.

Article 33 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.
− 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.
− He must be given the right to consultant 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.

12
m.hrw.org/world-report-2012/world-report-2012-bangladesh

11
Section 61 of CrPC says that he cannot be detained in custody beyond the period of 24 hours without
the authority of the magistrate.

Article 35 provides that

− (2) No person shall be prosecuted and punished for the same offence more than once.
− (4) No person shall be compelled to be witness against himself.
− (5) No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or
treatment.

So, it is clear that the statutory provisions, Constitution and present context is wholly contradictory.
While one protects the human rights, the other violates it directly.

Duty of court:

The Court should follow the followings:

 A Magistrate cannot grant a remand order as a matter of course13.
 In exercising the discretion the Magistrates should be guided by the well known observation of
Lord Halsbury in Sharpe v. Wakefield14, in that "discretion" means according to the rules of
reason and justice, not according to private opinions; according to law and not humor. It is not
to be arbitrary, vague and fanciful, but legal and regular.
 The Magistrates must satisfy themselves that the further detentions of the suspects are
absolutely necessary in order for the police to complete their investigation15.
 If the necessities of the case for remand or further remand are not shown, no remand order
should be made.

Leading Case in Bangladesh:

In Bangladesh Legal Aid and services Trust (BLAST) and others vs. Bangladesh and others 16
police
arrested a boy under section 54 not obeying the rules and torture him in the name of remand under
section 167, in such a way that he died.

The High Court Division of the Supreme Court of Bangladesh has provided elaborate guidelines in the
form of 15 directives on arrest without warrant, detention, remand and treatment of suspects to be
followed by law enforcement agencies and magistrates. These directives are the safeguards against a

13
AIR [1964] Man 39 at 45
14
[1981] AC 197
15
AIR 1931 Lah 99
16
[55 DLR 363 (HC); 23BLD 115 (HC) 1]

12
wrongful arrest. Here are some important points that the HCD has outlined in this case. The directions
can be divided into 2 parts.

For Arrest without Warrant:

 No police officer shall arrest anyone under Section 54 for the purpose of detention under Section 3
of the Special Powers Act, 1974.
 A police officer shall disclose his/her identity and show his/her ID card on demand to the person
arrested or those present at the time of arrest.
 The source of information must be recorded and the reason for believing such information,
 A record of reasons of arrest and other particulars shall be maintained in a separate register till a
special diary is prescribed.
 The concerned officer shall record reasons for marks of injury, if any, on the person arrested
and must take him/her to nearest hospital or government doctor.
 The person arrested shall be furnished with reasons of arrest within 3 hours of bringing him/her to
the police station.
 If the person is not arrested from his/her residence or place of business, the relatives should be
informed over the phone or through messenger within 1 hour of bringing him/her to police station.
 The person concerned must be allowed to consult a lawyer of choice or meet nearest relations.
 Investigation must be completed within 7 days otherwise release.

For Remand:

 Police must record the purpose of detaining any person

- Why the accusation or information is well-founded.

- Why the investigation has not completed within 24 hours.

 Copy of C.D and the accused person must be produced before the Magistrate.
 If the accusation is not well-founded, accused be released and action can be taken against the
Police officer under section 190(1) (c) of CrPC and 220 of Penal Code.
 Accused person be interrogated in a room specially made with glass and grill, within the view but
not within the hearing of close relatives and lawyer.
 Interrogation in Police custody not more than 3 days.
 Before passing an order of remand,

- Grounds of arrest be furnish to the accused,

- Be given opportunity to consult with his lawyer and hear the accused and lawyer.

 C.D must contain the reasons of remand.

13
 Remand order be sent to the Sessions Judge for approval within 15 days.
 Medical test be conducted before sending for remand and if any objection is made after remand
medical test by the same medical board.
 If torture id found action can be taken against the Police officer under section 190(1) (c) of CrPC and
330 of Penal Code.
 If the accused dies in the police custody, a murder case can be filed against the Police officer and
compensation can be claimed in addition.

Appeal of this case is pending before the Appellate Division. Once it is passed there shall be a balance
between the provisions and real consequence.

There is another case named Saifuzzaman (Md) vs. State17 , where the Court held that the reasonable
suspicion and creditable information must relate to define averments considered by the police officer
himself before arresting a person under this provision. What is a reasonable suspicion must depend
upon the circumstances of each particular case, but it should be at least founded on some definite fact
tending to throw suspicion on the person arrested and not on a mere vague surmise.

Conclusion:

Section 54 and 167 are very much important to prevent crime in a society. Absence of arrest without
warrant would make the CrPC a weak law. There are many circumstances in which the process of issue
of a warrant helps an offender to escape. Even there are some practical and logical interpretations that
the police required this power to ensure peace in society. On the other hand, though the word remand
is not directly mentioned the Act but it is another way to prevent crime. Remand is only for
investigation. Sometimes it is required that the arrested person can help police to get the whole gang
and to stop commission of crime. So, interrogation in Police custody namely remand is important.

But both the section 54 and 167 and the police power have been questioned over times. The works of
the police is often characterized by brutality. Abuse of power by the police has been identified by
different human rights watchdog agencies as the main sources of human rights violation in the country.
This is because the provisions of both the laws allow the arrest of any person by the enforcers without
recourse to the court order. Legal loopholes provide the police with the excuse for arresting someone
with immunity. The arrest is not everything. The method of extracting information from the arrested
persons by the police is barbarous and this is the reason behind so many custodial deaths. The most of
the custodial deaths are pure ransom killing by criminals in uniforms are a fact of lifer in Bangladesh.

17
[56 DLR 324]

14
 Court visit

We went to visit Dhaka CMM Court on 4th December, 2014. It was really a great experience for all of us.
We were there to collect some practical information and scenario. We would like to present some
experience briefly. There were hearings of many cases like:

 Time Petition,
 Hearing for bail,
 Hearing for Summons to present before Court,
 Put-up of Case,
 Filing of CR case,
 Hearing of GR case,
 Presentation of seizure list with Alamat,
 Statement of witness, etc.

Among all these cases 3 cases were related to the assignment topic. They are:

GR case 01-11-2013:

A boy was arrested on 05-11-2013 from Kodomtoli. The allegation has been brought under section 54(4)
that he was arrested with a truck and the Police claim it as a Stolen Property. The argument of his
Lawyer was:

 The boy has been tortured in remand and forced to declare him accused.
 He was in custody for 1 year 2 months in name of remand.
 The alamat was made fraudulently and force him to admit.
 He is of 17 years of age but police submit as 20 years in Charge sheet.

The lawyer prayed for bail but the court did not allow it, as the Court did not satisfy with the objections
of the accused.

GR case 07-10-2014:

A man was arrested under section 54(4) as thief in a house. He kept the money in the bank. The lawyer
if the accused raise that the seized deposit receipts of the Alamat were not with the accused. In remand
police torture him and force him to admit.

15
CR case 714-14:

A man was arrested with the charge of murder under section 54(1) with a sharp arm. The Public
Prosecutor applies for further remand for investigation.

The argument of the Lawyer of the accused was:

 The alamat which was found in front of him was not really his. The killers left it beside him and
ran away.
 In remand police torture him brutally and there was spot in his body.

The court did not allow him for further remand and issue a C/W (Custody Warrant).

Our Recommendation:

Section 54 and 167 are very much important to prevent crime in a society. Absence of arrest without
warrant would make the CrPC a weak law. There are many circumstances in which the process of issue
of a warrant helps an offender to escape and remand is to complete investigation properly. But both the
section 54 and 167 and the police power have been questioned over times. The works of the police is
often characterized by brutality. Legal loopholes provide the police with the excuse for arresting
someone with immunity. The method of extracting information from the arrested persons by the police
is barbarous and this is the reason behind so many custodial deaths.

Though remand is permitted by a magistrate but the police are the main culprit in this side. As Court
gives judgment on the basis of what they are shown. Yet, the court should check all the information
before granting a remand and arrest without warrant.

16
 Bibliography

1942 Mad. 696…………………………………………………………………………………………….………………. 07

[55 DLR 363 (HC); 23BLD 115 (HC) 1]…………….………………………………….………………..….. 14, 15

[56 DLR 324]………………………………………………………………………………………….……………….…… 16

[1981] AC 197………………………………………………………………………………………………………..….… 14

AIR [1964] Man 39 at 45…………………………………………………….……………………………………….. 14

AIR 1931 Lah 99………………………………………………………………….………………………………………. 14

en.m.Wikipedia.org………………………………..…………….………………………………….. 8, 9, 10

Holgate-Mohammed v Duke……………………………………………..……….…...………………... 9

m.hrw.org/world-report-2012/world-report-2012-bangladesh……….………………… 13

www.newagebd.net…………………………………………………………………...................... 7, 12

www.shareyouressays.com..................................................................................... 6

www.archive.thedailystar.net................................................................................ 11

www.write3.com.................................................................................................... 11

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