‘You’re under arrest!’

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Offline abduarif

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‘You’re under arrest!’
« on: August 06, 2015, 09:17:39 AM »
You may have heard this many times in movies and TV series. However, if you hear a police officer saying this to you in real life, do not panic. Even though the law gives the police extensive power to arrest someone with or without a warrant, you have your rights too. In an event where the police wants to arrest you, you have certain things to do.

a) You may ask the police whether they have a warrant against you or not. You may also ask for reason behind your being arrested and the concerned police officer is bound to answer your queries. Article 33 of Bangladesh Constitution says “no person who is arrested shall be detained in custody without being informed, as soon as may be of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.”

b) If you feel that the police is apprehending you out of a mistake, do present your proper identity (your name, address, occupation etc.) to the police. Produce your photo ID card in support of your claim.
c) Try to inform your family, friends or a lawyer about the arrest.
d) If you could not inform anybody about the arrest, tell this fact in front of the magistrate. He may help you contact your friends, family or a lawyer. Article 33 of our Constitution also says “every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest, and no such person shall be detained in custody beyond the said period without the authority of a magistrate.”
e) The police may take you to a lockup and ask you to give your mobile phone, money or any other belongings that you have. Then the police will prepare a list of seizure stating the items they receive from you. Do carefully check the list and then sign it.
f) Once you get arrested by the police, you are not obliged to answer any question asked by them. However, if you give any statement and the police write it down and ask you to sign it, make sure that the statement is properly written before you put your signature on it.
g) If you feel unwell at any stage of the arrest, you may ask for a medical treatment or a medical checkup through the court. If you go through any such medical treatment or checkup, carefully store the medical reports and other related documents. These documents will be treated as evidences in the trial stage.

Moreover, in the case of Bangladesh Legal Aid and Services Trust (blast) vs. Bangladesh, the High Court Division of the Supreme Court of Bangladesh has provided elaborate guidelines in the form of fifteen directives on arrest without warrant, detention, remand and treatment of suspects to be followed by law enforcement agencies and magistrates. These directives are your safeguard against a wrongful arrest. Here are some important points that the HCD has outlined in this case.

a) No police officer shall arrest anyone under Section 54 for the purpose of detention under Section 3 of the Special Powers Act, 1974.
b) A police officer shall disclose  his/her identity and show his/her ID card on demand to the person arrested or those present at the time of arrest.

c) A record of reasons of arrest and other particulars shall be maintained in a separate register till a special diary is prescribed.

d) The concerned officer shall record reasons for marks of injury, if any, on the person arrested and  take him/her to nearest hospital or government doctor.
e) The person arrested shall be furnished with reasons of arrest within three hours of bringing him/her to the police station.
If the person is not arrested from his/her residence or place of business, the relatives should be informed over the phone or through messenger within one hour of bringing him/her to police station.
f) The person concerned must be allowed to consult a lawyer of choice or meet nearest relations.

Source: http://www.dhakatribune.com/law-amp-rights/2013/jul/25/%E2%80%98you%E2%80%99re-under-arrest%E2%80%99#sthash.WhlHzsI3.dpuf
Abdullah Al Arif
Department of Law
Daffodil International University
Dhaka, Bangladesh

Offline monirulenam

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Re: ‘You’re under arrest!’
« Reply #1 on: March 02, 2016, 02:33:11 PM »
thanks for the post