Miranda rights and Bangladesh

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Offline riaduzzaman

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Miranda rights and Bangladesh
« on: April 20, 2013, 09:48:41 PM »
The Miranda rights, is a warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.
 In Miranda v. Arizona, the Supreme Court of USA held that the admission of an elicited incriminating statement by a suspect not informed of these rights violates the right to counsel. Thus, if law enforcement officials decline to offer a Miranda warning to an individual in their custody, they may interrogate that person and act upon the knowledge gained, but may not use that person's statements to incriminate him or her in a criminal trial.
Article 33 of the Constitution of Bangladesh compels arresting authorities to inform the accused of the accusations brought against him before he is detained and that the detained must be presented to the nearest court within 24 hours. Exceptions to this rule include preventive detention and the arrest of an enemy alien. Right to counsel is an inalienable right, but the arresting officer need not explicitly state it to the detained.
Article 35(4) of the Constitution protects individuals from self-implication. Therefore, Miranda warnings must be read out to the detained if he wants to voluntarily confess to the charges; in this case, a Magistrate must read and explain the confessor's right to silence and protection from self-implication, and attest to the fact that the rights of the confessor were read out to him and explained, and the confessor waived his right of silence.(Source: Wikipedia)
Sr. Lecturer, Department of Law
Daffodil International University
Dhaka, Bangladesh.