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Criticism of arrest remand

There is no specific provisions regarding remand in section 167 of the Code of Criminal Procedure but it becomes retrospective.

2. The view express in favor of police remand is that it is a civil necessity that if some force is not used, no clue can be found out from hard nut criminals. On the other hand there is a widely view that to send the arrested person to the police remand prima facia upholds the idea that the accused person did not gives the confession voluntarily.

3. When the entire state machinery acts against him, he cannot confess voluntarily and as such the provision for granting police remand several times (although not exceeding 15 days in the whole) totally destroys the purpose behind it. This is because a person coming before the Magistrate has no guarantee that he will not be sent again to the police remand unless he has already completed 15 days.

4. If any police officer wrongfully detains any person then he is liable to punishment under section 29 of the Police Act of 1861 but when an accused has been tortured in police custody then most of the time the police will not liable to do that.

5. When a police gets this unauthorized order of remand as per section167 of the Code of Criminal Procedure then the police being motivated by the executive organ or creative personal conflict.

6. There is no proper guideline as to when such prayer of remand should be accepted and when rejected by the Magistrate and this legal lacuna gives the police officer and Magistrates to abuse the same.

7. In case of torture on a person while in police custody one can rarely expect to get witness to such incidents, expecting police personnel some whom themselves happen to be the perpetrators of torture.

8. Article 27 of the Bangladesh Constitution provides equal protection but an accused is tortured even they die through remand in police custody.

9.According to Article 33 of the Bangladesh Constitution, no person who arrested shall be detained in custody without being informed as soon as may be of the grounds for such arrest, nor hall he be denied the right to consult and be defended by a legal practitioner of his choice. But there is no provision regarding it as per Article 54 and 167 of the Code of Criminal Procedure that is why an accused is faced in torture.

10. Remand is totally violates Article 35(4) of the Bangladesh Constitution because through the remand an accused gives confession against himself through the undesirables pressure of police.

Posted from
Shoaib Rahman
LL.M. Advocate

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