Search, use of force and arrest: Legal limits of police authority
Eliminating drug menace and ensuring public safety remain routine responsibilities of law enforcement agencies and citizens expect firm action like police drive in pursuit of a drug-free and secure society.
However, recent reports of multimedia journalists, Dhaka University students and general visitors being beaten by police during an anti-narcotics drive at Dhaka's Suhrawardy Udyan have raised serious questions about their professionalism and the legal limits of their authority.
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The incident has reignited questions over whether police can conduct searches without specific information or evidence and the use of force.
Can it be legal for police to harass citizens in the name of searches or to attack them without specific information or evidence?
Legal basis of conducting police searches
In Bangladesh, the procedure for the police to search a citizen or their personal belongings is primarily governed by the Code of Criminal Procedure and the Police Regulations of Bengal (PRB). While the law empowers police to conduct searches, it imposes clear procedures and restrictions.
The authority to conduct searches rests mainly with officers of the rank of sub-inspector (SI) and above.
Constables cannot conduct searches independently and may only assist in the presence of higher-ranking officers.
Under Sections 94 and 96 of the CrPC, police may carry out searches to recover specific documents or objects only with a magistrate’s authorisation or a search warrant.
Sections 102 and 103 further require that searches of enclosed spaces, such as homes or bags, must be conducted in the presence of at least two respectable witnesses from the locality.
However, Section 165 provides limited exception. If an officer believes waiting for a warrant could result in the loss or destruction of evidence, a search may be conducted without a warrant. In such cases, the officer must record the reasons and promptly inform a magistrate.
Rules regarding personal searches
Personal searches are governed by Section 51 of CrPC.
Police may search an individual’s body only if the person has been arrested or detained. In such cases, police may seize items other than the person’s clothing.
A list of seized items must be prepared, and the individual must be given a copy.
Section 52 imposes additional safeguards for women.
Only female police personnel may conduct searches of women, and such searches must be carried out with due regard to dignity and decency. Male officers are prohibited from searching female bodies.
Publicly humiliating or harassing citizens during searches constitutes a violation of police conduct rules.
Citizens’ rights during searches
Citizens also have specific legal protections during searches.
Individuals may request police officers to show identification. Officers in plain clothes are legally obliged to produce identification if asked.
Citizens may also request that searches be conducted in the presence of neutral or familiar witnesses.
If police seize personal belongings, such as mobile phones or wallets, individuals have the right to receive an immediate seizure list or receipt.
Beating or torture: What does the law say?
No law in Bangladesh authorises police to assault or physically abuse suspects, detainees, or arrested individuals.
Police may question individuals or take them to the police station if there is reasonable suspicion.
However, physical assault or public beating violates police codes of conduct.
The Torture and Custodial Death (Prevention) Act, 2013, is a special criminal law designed to protect human rights and prevent torture. Under this law, physical or mental torture -- including intimidation -- is punishable.
If torture by a government official results in death, the punishment may include life imprisonment and a fine of Tk 100,000. If the victim is injured, the penalty includes at least 5 years’ imprisonment and a fine of Tk 50,000.
Higher courts have also directed that torture is prohibited during arrest or detention.
Sections 46 to 53 of the CrPC define limits on police use of force.
Police may use only the minimum force necessary to make an arrest, particularly if a suspect attempts to flee. Any use of force after a person is subdued is illegal.
Section 54 permits police to arrest individuals without a warrant if there is reasonable suspicion of involvement in a crime. However, any search conducted before or after arrest must be based on reasonable grounds.
The Police Regulations Bengal, 1943, also prohibit police from using physical or mental pressure to extract confessions or information.
Police may use batons or force only when public safety faces extreme threat, such as during riots.
Constitutional safeguards
The Constitution of Bangladesh guarantees protection from torture and degrading treatment.
Article 35(5) clearly states that no person shall be subjected to torture or cruel, inhuman, or degrading punishment or treatment.
Legal paths for victims
Torture-related offences under Bangladesh’s criminal law are non-bailable.
Victims may file complaints under Section 5 of the Torture and Custodial Death (Prevention) Act, 2013. Even in the absence of witnesses, the victim’s testimony is considered significant evidence.
However, the law also provides penalties for false or malicious complaints filed against police officers.
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