The interim government has introduced significant amendments to the 127-year-old Code of Criminal Procedure (CrPC), 1898. On Sunday, the Legislative and Parliamentary Affairs Division of the Law Ministry published a gazette titled “Ordinance to Further Amend the Code of Criminal Procedure, 1898,” outlining the changes. The amendments include provisions for issuing summons via digital means, mandatory penalties for frivolous lawsuits, and major reforms in arrest, investigation, bail, and trial processes.
Arrest Protections: The amended provisions mandate that arresting officers disclose their identity and show identification if requested. Arrest details, including time, place, and custody location, must be communicated to the detainee’s family or nominated person within 12 hours. The reason for arrest must be documented, and the arrest recorded in the General Diary (GD) of the relevant police station. Arrest details must be displayed digitally at police stations and district headquarters. For warrantless arrests, police must prove the individual committed a crime or provide reasonable suspicion. Section 54 cannot be used solely for preventive detention.
Investigation and Remand: Upon presenting an arrested person in court, magistrates can authorize police custody for up to 15 days. Beyond this, only judicial custody is permissible. If the detainee alleges torture, magistrates must order a medical examination at a government hospital and take action if evidence is found. Investigations must conclude within 60 working days, with reasons for delays recorded and submitted to magistrates, who may extend the period or assign a new officer. Negligence in investigations can lead to disciplinary action.
Summary Trials and Case Settlements: The financial jurisdiction for summary trials has been increased from BDT 10,000 to BDT 500,000. Magistrates can now conduct mobile summary trial courts anywhere. Section 143 has been made compoundable, allowing easier case settlements. Courts can document settlement agreements and enforce their terms, streamlining the process and avoiding delays from non-compliance.
Other Amendments: Personal appearance requirements have been relaxed; bailed defendants can appear through lawyers until the investigation report hearing. Witness cross-examinations can occur without the defendant’s presence, subject to court approval. Section 325, covering grievous hurt, is now non-bailable, making bail harder in serious injury cases. Corporal punishment (whipping) has been abolished. Summons can now be issued via mobile calls or SMS, and absconding defendants’ trials can proceed faster without proclamations in two newspapers—publication in one widely circulated Bangla newspaper and a website suffices.
Former Inspector General of Police Mohammad Nurul Huda commented, “The amendments appear well-intentioned, but they may create administrative complexities. Without goodwill, the true purpose of these reforms could be undermined.”
