CT-04

Name: Reazul Islam Shanto

Roll: 19421043
Section: A

Topic: Bringing Reform to Bangladeshi Evidence Law in light of Global Best

Practices: What, Why and How?
As per the prevailing Bangladeshi law, a person is presumed innocent until proven
guilty. The problem is that this presumption of innocence shifts the burden of
proof on to the defendant, who then has to present evidence that he or she didn’t
commit an offence. And this presumption creates several challenges for
defendants in Bangladeshi courts.

Reforms are needed because current law does not fully observe global best
practices, nor does it comply with international human rights obligations. For
instance, the Criminal Procedure Code (CrPC) of 1898 and Evidence Act 1950
(EA) do not offer any safeguards to ensure that:

1. audio and video recordings are admissible in court;

2. evidence is collected and presented in a fair, quick and inexpensive manner; or
3. the rights of the defendant are protected, such as the right to be present during
search and seizure of their property.
4. access to legal aid is provided by public authorities.
5. the defendant is assisted by a lawyer.

So, for this purpose, the government has long been taking steps to bring legal
reforms to Bangladeshi evidence law. The most recent of which is the Law
Commission report “Suggestions for Reforms in Evidence Act 1950” published
in May 2016.

According to the report, pre-trial detention has increased by more than 500
percent during last decade. This escalating growth is attributed to the availability
of technology and its capacities for surveillance and identification of suspects.
Therefore, the Commission suggests that:
1. The EA should be amended to make it easier to obtain surveillance and
identification of suspects from state intelligence agencies; and
2. The EA should be amended to make it mandatory for a police officer who is
recording a statement from a suspect to ensure that all the necessary conditions
are satisfied, such as the presence of a lawyer or an interpreter present.
3. The EA should be amended to ensure that all suspects and witnesses in a trial
are provided with access to legal aid, which is currently only available for some
categories of convicted individuals.
4. The EA should be amended to ensure that the details of the evidence collected
in a criminal investigation is not disclosed or disclosed during committal
proceedings.
5. The EA should be amended by making it mandatory for the authorities to
ensure that all search and seizure procedures are fair, quick and inexpensive; and
6. The EA should be amended to require the government to disclose all
information collected by state intelligence agencies.
7. The EA should be amended to make it mandatory for the authorities to provide
free legal aid to any person accused of a criminal offence.
8. The EA should be amended to ensure that anyone detained on remand has
access to a lawyer, which is currently only true if they are charged with an offence
punishable with death or life imprisonment.
9. The EA should be amended to prevent the disclosure of some information
during committal proceedings; and
10. The EA should be amended to ensure that the authority must provide free
legal aid to any person who is detained on remand or charged with an offence
punishable with death or life imprisonment.
11. The EA should be amended so that any details about the searches and seizures
of property must be made public at the time of trial, which will help everyone
understand how authorities conduct their searches and seizures of property.
12. The EA should be amended to protect the rights of suspects and witnesses.
13. The EA should be amended to ensure that anyone detained on remand has
access to a lawyer during the period of detention, even if they are charged with
an offence punishable with death or life imprisonment; and
14. The EA should be amended so that any evidence collected during searches
and seizures must be presented in a fair, quick and inexpensive manner at the time
of trial; and
15. The EA should be amended to protect the rights of suspects and witnesses.
16. The EA should be amended to ensure that the authorities must provide free
legal aid for anyone detained on remand or charged with an offence punishable
with death or life imprisonment; and
17. The EA should be amended so that any information about any search and
seizure of property must be made public at the time of trial, which will
helpeveryone understand how authorities conduct their searches and seizures of
property.
18. The EA should be amended to protect the rights of suspects and witnesses.
19. The EA should be amended to ensure that any client who is detained on
remand must have access to a lawyer during the period of detention, even if they
are charged with an offence punishable with death or life imprisonment; and
20. The EA should be amended so that any evidence collected during searches
and seizures must be presented in a fair, quick and inexpensive manner at the time
of trial; and
21. The EA should be amended to protect the rights of suspects and witnesses.
22. The EA should be amended so that any information about any search and
seizure of property must be made public at the time of trial, which will
helpeveryone understand how authorities conduct their searches and seizures of
property.
23. The EA should be amended to protect the rights of suspects and witnesses.
24. The EA should be amended to ensure that any client who is detained on
remand must have access to a lawyer during the period of detention, even if they
are charged with an offence punishable with death or life imprisonment; and
25. The EA should be amended so that any evidence collected during searches
and seizures must be presented in a fair, quick and inexpensive manner at the time
of trial; and
26. The EA should be amended to protect the rights of suspects and witnesses.
27. The EA should be amended so that any information about any search and
seizure of property must be made public at the time of trial, which will
helpeveryone understand how authorities conduct their searches and seizures of
property.
28. The EA should be amended in a manner that ensures fair trial to all suspects
in a criminal case in which they are charged with an offence punishable with death
or life imprisonment; and
29. The EA should be amended so that any evidence collected during searches
and seizures must be presented in a fair, quick and inexpensive manner at the time
of trial; and
30. The EA should be amended to protect the rights of suspects and witnesses.
31. The EA should be amended so that any information about any search and
seizure of property must be made public at the time of trial, which will
helpeveryone understand how authorities conduct their searches and seizures of
property.
32. The EA should be amended in a manner that ensures fair trial to all suspects
in a criminal case in which they are charged with an offence punishable with death
or life imprisonment; and
33. The EA should be amended so that any evidence collected during searches
and seizures must be presented in a fair, quick and inexpensive manner at the time
of trial; and
34. The EA should be amended to protect the rights of suspects and witnesses.