An arrested person has the right to know why the arrest was made, consult a lawyer, have the arrest documented, have a relative or nominated person informed in the circumstances required by law and be produced before a Magistrate within the constitutional period.
Police custody does not suspend the Constitution. Torture, coercion, secret detention and compelled self-incrimination remain prohibited.
Right to know the grounds of arrest
Article 33 of the Constitution requires that an arrested person be informed of the grounds of arrest as soon as possible. Section 54A of the Code similarly requires police making an arrest without warrant to communicate the full particulars of the offence or other grounds.
The arrested person should ask for the case number, police station, alleged offence and name of the investigating officer.
The right to be informed does not require police to disclose every piece of evidence immediately. It does require a meaningful explanation of the legal basis of custody.
Right to lawyer and family contact
Article 33 states that an arrested person must not be denied the right to consult and be defended by a legal practitioner of choice.
Section 46A now requires the arresting authority to allow the arrested person to consult a lawyer of choice or meet the nearest relative, preferably within twelve hours of arrest.
Where the person is arrested away from home, a nominated relative, friend or other person must be informed as soon as practicable and no later than twenty-four hours. The notification should include the time and place of arrest and location of custody.
A relative should record who gave the information, when it was received and where the person is said to be held.
Arrest memorandum and official records
Section 46A requires preparation of an arrest memorandum. The prescribed form includes the arrested person’s identity, time and place of arrest, exact reasons, relevant law, physical condition, injuries, notification details and signatures.
Section 46B requires arrest information to be entered in the official register and General Diary. It also allows relatives, friends or neighbours to demand relevant arrest information from the responsible officer.
Section 46C requires a designated police officer to maintain arrest information, and the law contemplates display of the information, preferably through digital means, subject to the statutory scheme.
Protection of health and physical safety
Sections 46D and 46E impose duties concerning the health and safety of the arrested person and medical examination.
Where visible injuries exist, the arresting officer must record them and arrange medical examination or first aid as required. A medical certificate should form part of the custody record.
A female arrested person must be medically examined in accordance with the statutory safeguards applicable to examination by or under the supervision of a female medical practitioner.
If the arrested person alleges torture or injury when produced after police custody, the Magistrate must consider the medical-examination requirements under the amended section 167. Where the medical report indicates torture, the Magistrate must proceed according to law.
Production before a Magistrate
Article 33 requires production before the nearest Magistrate within twenty-four hours, excluding the time required for the journey from the place of arrest to the court.
Police may not continue detention beyond that constitutional period without the authority of a Magistrate.
The first court appearance is not a mere formality. Section 67A requires the Magistrate or court to examine compliance with the arrest provisions and permits a direction for disciplinary action where negligent non-compliance is established.
The arrested person should tell the Magistrate directly, or through counsel, about inaccurate arrest times, undisclosed detention, injuries, denial of legal access or threats.
Search of the arrested person
Section 51 regulates the search of an arrested person. The 2026 amendment requires a seizure list to be prepared in the presence of witnesses, where practicable, and a copy to be supplied to the arrested person or nominated person.
Personal property should not simply disappear into unofficial custody. The arrested person or family should preserve the seizure list and later compare it with the property returned or produced before court.
Right against self-incrimination
Article 35(4) provides that a person accused of an offence shall not be compelled to be a witness against himself or herself. Article 35(5) prohibits torture and cruel, inhuman or degrading punishment or treatment.
The Evidence Act also places limits on the proof of confessions made to police. A statement to police should not be confused with a judicial confession recorded by a competent Magistrate under the procedures of the Code.
An accused person should not sign a prepared confession, blank paper or statement that has not been read and understood.
Torture and custodial death
The Torture and Custodial Death (Prevention) Act, 2013 creates specific offences and procedures concerning torture and custodial death. The Act provides a court-complaint mechanism and states that war, emergency, political instability or an order of a superior authority cannot justify torture.
Section 15 provides the statutory punishment framework, and section 16 provides for appeal to the High Court Division.
Any allegation should be documented medically and legally as soon as possible.
The BLAST safeguards
The Appellate Division’s judgment in Bangladesh and others v BLAST and others established detailed safeguards against arbitrary arrest and abusive remand. It required proper records, notification, legal access, medical care and active judicial examination.
The current Code now gives statutory form to many of those protections. The judgment remains important where the amended provisions require constitutional interpretation or where officials treat the requirements as optional.
What family members should obtain
Family members should obtain the arrest memorandum, case number, FIR, forwarding report, remand application, Magistrate’s order, medical certificate and seizure list.
They should record the exact time when the person was first taken, not only the time later written by police.
Where police deny holding the person, the family should preserve witness accounts, calls, messages, video and information identifying the officers or vehicle.
Common mistakes
Common mistakes include waiting for informal intervention instead of obtaining the case record, signing inaccurate documents and failing to report injuries at the first Magistrate appearance.
Another mistake is assuming that access to a lawyer means police must conduct every investigative step in the lawyer’s presence. The precise scope of access depends on the Constitution, Code and nature of the investigative act.
See also Police Remand under Section 167: Powers, Limits and Safeguards.
Law updated as of 13 July 2026.
Primary sources: Constitution of Bangladesh, Articles 31, 32, 33 and 35; Code of Criminal Procedure, 1898, sections 46A to 46E, 51, 54A, 67A and 167; Torture and Custodial Death (Prevention) Act, 2013; Bangladesh and others v Bangladesh Legal Aid and Services Trust and others.
Legal-information disclaimer: This article provides general legal information, not legal advice. Arrest, injury or undisclosed detention requires urgent advice from a licensed advocate and, where appropriate, immediate application to the competent court.