The rights of an arrested person are trying to describe and present based on our constitution.

1. A Presentation on
The Constitutionality of Remand
Course Title: Constitutional Law
Course No: LJ-2101
Presented To:-
Md.Tarik Morshed
Lecturer
Law Discipline,
Khulna University
Presented By:-
1. Khadiza Khatun(182816)
2. Sujan Das (182810)
3. Hredoy paul (182827)
Researcher:-
1.Jubaida Nasrin (182818)
2.Tawsif Anik (182836)
3.Rashida Jahan Disha (182817)
4.Amit Debnath (182809)
Submission Date-14-02-2019

2.  Generally remand means “resend” and in law remand means
resend to police custody.
 Remand is the process of detaining a person who has been
arrested and charged with an offence until their trial.
 It is also known as “pre-trial detention or provisional
detention”.
Definition

3.  According to sections 167 and 344 of Code of Criminal
Procedure,1898 are said about Remand.It can be applied-
1.When investigation can not be completed within 24
hours.
2.When police claim remand for getting more
information.

4.  Article 35(4)&(5) under part 3(Fundamental Rights) of
Bangladesh Constitution is said that about protection
in respect of trial and punishment.
 No person accused of any offence shall be compelled
to be a witness against himself.{Article-35(4)}
 No person shall be subjected to torture or to
cruel,inhuman, or degarding punishment or
treatment.{Article-35(5)}
These two sections are ensuring the right of an accused
person.
The Rights of an Arrested Person

5.  Article 33(1)&(2) under part 3(Fundamental Rights) of
Bangladesh Constitution is said that about safegards
as to arrest and detension.
Without informing the reason of detaining, no one
can be arrested. That person has the right to consult
and be defended by a legal practitioner. The person
who is arrested must be taken before the magistrate
within 24 hours of such arrest and shall not be detained
in custody beyond the said period without the order of
the magistrate.
The Rights of an Arrested Person

6.  Present situation of remand in bangladesh
is very cruel and inhuman. Through the
power of remand is given for collecting
evidence about a suspicious, the police or
investigating authority tortured in various
ways that is totally violation of Article-
35(4)&(5) of the constitution of
Bangladesh.
 Daily Jugantar described 14 ways of torture
during remand.
Present Situation

7.  The judgments in BLAST vs Bangladesh 55DLR(ITC)363 and
Saifuzzaman vs State 56 DLR 324 are the most important
judicial pronouncements against the abuse of police power.
 To control the torture, the Supreme court division gave 15
directive points on april 7,2003 in BLAST vs Bangladesh case
but police or investigating authority did not maintain those
orders.
Case Study

8.  At present, the process applied by the police in remand as
like different kinds of mental and physical tortures are
totally violation of article-35(4)&(5) of the constitution of
Bangladesh and it can be said that the present process to
get information during police custody is unconstitutional.

9.  When arresting someone police didn’t show their identity
and also they didn’t show the causes to arrest the person.
Sometime police arrest someone and didn’t inform his
relatives and police didn’t write/inform the right time when
they arrested the accused person. Sometime police didn’t
give the opportunity to communicate with legal
practitioner.
 These practices are totally violation of Article-33(1)&(2) of
the constitution of Bangladesh.

10.  In BLAST vs Bangladesh 55DLR 363 case the supreme
court gave direction that courts can be permitted
remand in custody for maximum three days but the
lower court do not abide by this order, that is
violation of article-111 of constitution of Bangladesh.

11. Thank You!