Arbitrary Arrest and Preventive Detention in Bangladesh: Law and Practice

Abstract

Arbitrary arrest, detention, and custodial death remain pervasive issues in Bangladesh’s criminal justice system despite constitutional and statutory protections of personal liberty. This paper examines the legislative and judicial framework governing arrest and preventive detention, focusing on the systematic failures that enable persistent rights violations. Using a doctrinal-legal approach, it analyzes relevant constitutional provisions, statutory laws, particularly the Code of Criminal Procedure, 1898 and the Torture and Custodial Death (Prevention) Act, 2013, and leading judicial precedents, including the Bangladesh Legal Aid and Services Trust (BLAST) v. State case. The analysis demonstrates that while the Supreme Court of Bangladesh has issued progressive directives to curb arbitrary detention and torture, their implementation remains limited due to inadequate legislative reform and weak institutional compliance. The study further explores how judicial activism, though essential in interpreting and enforcing rights to liberty and security, has failed to produce tangible change in the absence of corresponding statutory amendments and accountability mechanisms for law enforcement agencies. The paper concludes that sustainable protection against arbitrary arrest and detention in Bangladesh requires comprehensive legislative reform aligned with constitutional guarantees and international human rights obligation, as judicial interventions alone cannot ensure effective enforcement or systematic transformation.