Arrest Under the Code of Criminal Procedure, 1898: A Critique

Abstract

Amar Shonar Bangla (or literally translated as my Golden Bengal) the first verse of the national anthem is the expected reflection of Bangladesh especially given the fact that the country was born of nine long months of vicious struggle against occupation, lawlessness, and prejudice. The glory contemplated in the national anthem is envisaged through lawfulness, democracy whereby rule of law along with fundamental human rights and freedom is institutionalized. However, glory has somehow become synonymous with ignominy in respect of various law enforcing agencies in Bangladesh. The golden Bengal now accommodates officials that degrade the law and human life in general, exhibits disregard to the constitutional mandates, and somehow are always entitled to authority. De integro above, this study efforts to elucidate how such glory may be restored, provide a voice to the voiceless, bestow knowledge upon the knowledge less on how arrest and detention are perceived by the Constitution in tadem various rights guaranteed by the Constitution and other statutes and the lawful dos and the don’ts of arrest and detention and the scope of misuse of statutory arresting jurisdiction.