LAW DISCIPLINE

KHULNA UNIVERSITY

An Assignment On “Whether you support arrest without warrant or Not”

Course Title: Law of Criminal Procedure

Course No: LJ4103

Submitted to: Submitted by:

S.M.Hayat Mahmud Alamgir
Assistant professor ID: 182801
Law discipline 4th year 1st term
Khulna University. Khulna Law discipline
Khulna University. Khulna

DATE OF SUBMISSION: 24/04/2022

Contents
Introduction:........................................................................................................................................... 2
Present context of Bangladesh: .............................................................................................................. 2
occurrence of the misuse of section 54: ................................................................................................ 2
Constitutional Provisions of Bangladesh ................................................................................................. 2
Leading Case in Bangladesh: ................................................................................................................... 2
In Bangladesh Legal Aid and services Trust (BLAST) and others vs. Bangladesh and others ................... 2
My opinion regarding arrest without warrant under section 54: ............................................................ 2
Conclusion: ............................................................................................................................................. 2
Introduction:.
Section 54 has vastly different legal and practical implications. In the real world, police make arrests on
their own initiative. It's easy for police to misuse the term "reasonable suspicion" because it's not
defined. Criminals take advantage of police violations of the law, according to Sara Hossain, a human
rights activist and lawyer

Present context of Bangladesh:

The legal and real-world implications of Section 54 are vastly different. In the actual world,
police arrest people on their own volition. Because the term "reasonable suspicion" isn't defined,
it's easy for police to misapply it.

occurrence of the misuse of section 54:

Criminals identifying themselves as members of Rapid Action Battalion had abducted Nayarayanganj
city panel mayor Nazrul Islam, the city court senior lawyer Chandan Kumar Sarker and five of their
associates on April 27. Their bodies were found floating in Shitalakhya

Constitutional Provisions of Bangladesh

Article 33 provides four fundamental freedoms or safeguards upon a person arrested under ordinary law.

− He/she has the right to be informed of the charge against him/her as soon as may be, of the
grounds of his arrest. He/she must be produced before the nearest magistrate within 24 hours of
his arrest.

Leading Case in Bangladesh:

In Bangladesh Legal Aid and services Trust (BLAST) and others vs. Bangladesh and others
The High Court Division of the Supreme Court of Bangladesh has provided elaborate guidelines
on arrest without warrant, detention, remand and treatment of suspects to be followed by law
enforcement agencies and magistrates. Police arrested a boy under section 54.

My opinion regarding arrest without warrant under section 54:

I really don’t support the arrest without warrant, at first I want to remind the statement of Lord Acton
power tend to corrupt absolute power corrupt absolutely. Section 54 of code of criminal procedure 1898
discharge police officer from any kinds of accountability after arresting a person without that is the
violation of fundamental rights of that person under Article 33 of the constitution of Bangladesh. The
works of the police is often characterized by brutality
Secondly this section clearly violate the separation of power and check of balance.

Conclusion:
Everyone must live within the confines of the law. The most abusive sections among police
officers are Arrest without Warrant and Remand.