CrPC Amendment Act 2026: new safeguards on arrest, remand and investigation

At the time of arrest

New sections 46A to 46E set out duties for the arresting officer.

• The officer must carry visible identification and disclose identity on request
• A written memorandum of arrest must be prepared, witnessed by a family member or a local respectable person
• The arrested person must be told of the right to inform a relative or friend and to consult a lawyer, and a family member, relative or nominated friend must be informed as soon as practicable and no later than 24 hours
• A medical examination is required where the person is injured or unwell, and the findings are recorded

Section 54 arrest without warrant

Section 54 allowed police to arrest without a warrant on suspicion. The 2026 Act amends section 54 to narrow that power and to require reasons and records, reflecting the guidelines of the Appellate Division in Bangladesh v BLAST (2016). An arrest on vague suspicion alone is more open to challenge, and Magistrates are expected to examine the grounds when the person is produced.

Remand and shown arrest

Police custody (remand) is limited to a maximum total of 15 days in a case; any further detention must be judicial custody. Medical checks before and after police custody are required to record any injury. Before allowing a shown arrest in another case, the Magistrate must check that the accused has been produced with the supporting documents and has had a chance to be heard.

Investigation deadline and discharge

Section 173B sets a time limit of 60 working days for the police report, with limited extension by the Magistrate, who can act against unreasonable delay. Section 173A allows a court, on an interim investigation report showing no evidence against an accused, to discharge that person before the final report; the name can be included again if new evidence emerges.

Compensation for false cases

Under the amended section 250, where a Magistrate finds an accusation false and frivolous or vexatious, the complainant can be ordered to pay compensation to the accused of up to Tk 50,000, and the power is now framed as a duty rather than a discretion.

What it means for you

For families of an arrested person, ask for a copy of the arrest memo, insist on lawyer access and note the time of arrest and production. For people accused in delayed investigations, the deadline and interim discharge give new grounds to apply to the court. For complainants, the risk of compensation orders for false cases is real. How strictly each safeguard is applied will depend on practice in the courts.

Sources

• Laws of Bangladesh: Code of Criminal Procedure (Amendment) Act, 2026
• The Daily Star: Analysing the 2025 amendments to the CrPC
• VDB Loi: CrPC (Second Amendment) Ordinance 2025
• Dhaka Tribune: Parliament passes 14 bills to convert ordinances into law

Related services and guides

• Arrest, Bail & Remand
• Guide: First 24 hours after an arrest
• FIR, Complaint Case & GD
• Urgent Legal Help