Reforming Bangladesh’s Criminal Procedure Code: Breaking the Cycle of Misuse and Injustice

Reader's Question :

Can a justice system rooted in colonial legacy truly serve a free nation?


In Bangladesh, the Criminal Procedure Code (CrPC) remains largely unchanged from the one inherited during British colonial rule in 1898. While justice systems around the world have embraced modernity, transparency, and technology, Bangladesh’s legal procedures still reflect outdated practices, often enabling delay, corruption, and misuse. In this blog, we explore how the CrPC is misapplied in Bangladesh, why urgent reforms are needed, and how other nations—like the UK, Canada, Germany, and Japan—have restructured their criminal justice systems for speed, fairness, and accountability.


       "Eleven years, one verdict still missing."

The Criminal Procedure Code in Bangladesh: Misuse, Reform Needs, and Global Comparisons.

1. Introduction: 

A System Trapped in the Past

Bangladesh’s Criminal Procedure Code, 1898 (CrPC) is one of the oldest pieces of legislation still in active use. Originally crafted to serve colonial interests, it prioritizes state control over individual rights. More than a century later, while independent Bangladesh has changed politically and socially, its procedural law has lagged.

The consequences are severe:

Prolonged trials

Arbitrary detentions

Rampant misuse of power

Suppression of dissent

Delayed justice for the poor and marginalized

This raises the urgent question: 

why hasn’t the CrPC been comprehensively reformed?

2. Key Areas of Misuse in Bangladesh's CrPC

a. Misuse of Arrest Powers (Section 54 & 167)

Section 54 allows police to arrest without a warrant. In theory, it's for preventing crime. In practice, it’s abused to detain political activists, journalists, or citizens without sufficient grounds. Section 167, which allows remand, is often used to extract confessions under duress.

Consequences:

Torture in custody

Forced confessions

Loss of public trust in law enforcement

b. Delays in Justice and Case Backlogs

Procedural loopholes and manual systems lead to endless adjournments and backlog. As of 2024, more than 3.8 million cases are pending in Bangladesh's courts.

c. Weak Witness Protection

Bangladesh lacks institutionalized witness protection mechanisms, leading to hostile witnesses, bribery, and threats—frequently sabotaging fair trials.

d. Gender-Insensitive Procedures

Despite progress, many aspects of the CrPC fail to account for the needs of victims of sexual and gender-based violence. Cross-examination practices often retraumatize survivors.

e. Discriminatory Bail Practices

Bail is often denied arbitrarily to the poor while the influential walk free. The discretion of magistrates is sometimes influenced by extern


. 

    " Buried beneath bureaucracy."

4. Necessary Reforms: A Modern Justice Blueprint

A just and modern criminal procedure law must reflect:

Speed

Transparency

Fairness

Rights protection

Technology adaptation

Here are the essential reforms Bangladesh must undertake:

a. Revise Arrest and Remand Laws

Limit warrantless arrests with judicial oversight.

Mandate presence of legal counsel during remand hearings.

Penalize custodial torture with clear accountability.

b. Introduce E-Judiciary & Digital Case Management

Automate case schedules.

Enable online filing, tracking, and summons.

Digitize FIRs and witness depositions.

c. Create Independent Prosecution Service

Reduce police influence over investigation and prosecution.

Ensure separation of executive and judiciary.

d. Establish Witness Protection Programs

Legally bind confidentiality.

Relocate or financially support vulnerable witnesses.

e. Gender-Sensitive Procedures

Ban humiliating cross-examination of victims.

Train judges and lawyers on gender sensitivity.

f. Ensure Access to Legal Aid

Strengthen state-funded legal aid for indigent defendants.

Promote pro bono culture in legal institutions.

5. Learning from the World: Best Practices in Criminal Procedure

Let’s explore how other countries have reformed their criminal procedure codes for greater fairness:

🏛️ United Kingdom

Police powers of arrest are restricted by the Police and Criminal Evidence Act (PACE), 1984.

Every suspect has the right to remain silent and access to a lawyer.

Custody limits are strictly enforced (generally 24–96 hours).

🗽 United States

Strong constitutional safeguards under Miranda Rights.

Suspects must be informed of their rights before interrogation.

Use of plea bargaining to reduce case backlog.

🇨🇦 Canada

Emphasizes alternative dispute resolution and restorative justice.

Technology used widely for case tracking and virtual hearings.

🇩🇪 Germany

Judges have inquisitorial powers and can independently investigate.

Efficient trial timelines.

Pre-trial detention is rare and tightly controlled.

🇯🇵 Japan

High conviction rate, but detention practices are under international scrutiny.

However, it has streamlined its process for speed and minimal backlog.

6. Bangladesh’s Missed Opportunities and the Way Forward

Despite various law commission reports, Supreme Court directives, and civil society demands, Bangladesh has not taken meaningful action.

Efforts like:

The Draft Criminal Procedure Code (modernized version) from 2007

Law Commission Reports since 1992

High Court rulings against misuse of Section 54

... have remained largely unimplemented.

The political will to change the system is crucial. Without reform, justice in Bangladesh remains a privilege, not a right.

7. A People-Centered Justice System: The Ultimate Goal

Bangladesh must shift from a punitive, colonial approach to a citizen-focused, constitutional justice model. Reforming the CrPC is not just legal housekeeping—it is a moral and democratic necessity.

A reformed CrPC will:

Protect civil liberties

Prevent state abuse

Ensure fair trials

Restore public trust

Strengthen democracy.

🔹 Conclusion

Bangladesh deserves a justice system that reflects its people’s aspirations, not its colonial past. The Criminal Procedure Code, in its current form, fails that test. Reform is not optional—it is urgent.

The world has changed. Justice must evolve too.





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