Significance of reforms around arrest processes

Bangladesh has recently introduced section 46A to the Code of Criminal Procedure (CrPC), 1898, a reform aimed at ensuring transparency, accountability, and fundamental fairness during the process of arrest. In a country like Bangladesh, where allegations of arbitrary detention and custodial abuse are fairly and disturbingly common, this amendment could mark the dawn of change. The High Court Division (HCD), in Bangladesh Legal Aid and Services Trust (BLAST) v Bangladesh (2003) issued 15 concrete directives, such as mandating disclosure of arresting officers' identity, prompt medical examination, access to legal representation, and timely family notification to align arrest and remand practices with constitutional and international human rights standards. Consequently, these safeguards were codified into law via the Code of Criminal Procedure (Second Amendment) Ordinance, 2025 on 10 August 2025, when it was officially gazetted. 

Under the recently incorporated section 46A of the CrPC, several important safeguards have been introduced to ensure transparency and accountability during arrest procedures. Officers making an arrest must wear a visible and legible identification tag and disclose their identity to the arrested person as well as any bystanders. A written memorandum of arrest must be prepared at the time, attested by a family member or a local witness, and where no such witness is available, the reasons thereof must also be recorded. If the arrested individual shows any signs of injury, immediate medical attention must be provided, and the injury must be documented by a registered practitioner. Additionally, when an arrest occurs away from the individual's residence, family members, a relative, or a nominated friend must be notified within 12 hours. Crucially, the arrestee must also be allowed to consult an advocate of their choice or meet a close relative.

One major roadblock is the reluctance among police officers to go by new protocols on arrests, often due to retrenched habits or fear of increased scrutiny. Furthermore, the significant lack of comprehensive training on these procedures means many officers may be unaware of their legal obligations. On the other hand, insufficient awareness among citizens about their rights during arrest further weakens the reform's impact, as arrestees may not be aware of what protections they are entitled to.

The introduction of section 46A marks a significant step forward in safeguarding fundamental rights during the arrest process (Articles 33 and 35 of the Constitution of Bangladesh) in Bangladesh. One of the most crucial impacts is successful implementation of this provision potentially could be prevention of enforced disappearances and arbitrary arrests, which have long been a concern among human rights advocates. By mandating clear identification of arresting officers and timely notification to family members or friends, the amendment injects much-needed transparency into a process often shrouded in secrecy. Importantly, the requirement to prepare a memorandum of arrest and document any injuries create a vital paper trail, which is essential for ensuring accountability and deterring misconduct. Such documentation not only protects the arrested individual but also shields honest law enforcement officers who follow due procedure from false allegations. Together, these provisions foster a more just and accountable policing system, reinforcing the rule of law and promoting public trust in legal institutions. While implementation challenges remain, section 46A sets a positive legislative instance in protecting citizens' rights in Bangladesh's criminal justice system.

Before the introduction of this section in Bangladesh, the arrest process lacked transparency and accountability. Arresting officers often did not disclose their identities, detainees were denied timely legal access, and families remained uninformed.

Internationally, Bangladesh is bound to implement these provisions regarding arrest and detention under various human rights treaties, particularly the International Covenant on Civil and Political Rights (ICCPR), which Bangladesh ratified in 2000. The ICCPR obliges states parties to ensure protection against arbitrary arrest and detention and grants the right to be informed of reasons for arrest (Article 9), access to legal counsel (Article 14), and protection from torture or ill-treatment (Article 7). Additionally, Bangladesh has endorsed the UN Convention Against Torture (CAT) and the Universal Declaration of Human Rights (UDHR), both of which emphasise fair legal procedures and humane treatment during arrest and detention. Therefore, codifying safeguards like those in section 46A aligns Bangladesh's domestic law with its international legal obligations, reinforcing its commitment to both human rights and the rule of law.

While section 46A introduces important reforms to ensure transparency and accountability during arrests, several challenges may hinder its effective implementation. One major roadblock is the reluctance among police officers to go by new protocols, often due to retrenched habits or fear of increased scrutiny. Furthermore, the significant lack of comprehensive training on these procedures means many officers may be unaware of their legal obligations. On the other hand, insufficient awareness among citizens about their rights during arrest further weakens the reform's impact, as arrestees may not be aware of what protections they are entitled to. Moreover, the absence of an independent monitoring mechanism leaves enforcement largely dependent on internal police accountability, which has historically been inadequate. 

To overcome these challenges, a structured and continuous training program for law enforcement personnel is essential to ensure proper understanding and compliance with section 46A. Simultaneously, legal aid organisations and civil society groups should play an active role in monitoring arrests and advocating for the rights of detainees. Together, these measures can bridge the gap between law and practice, making the amendment truly effective in protecting citizens' rights.

The writer is Lecturer at the Department of Law, State University of Bangladesh.