46.(1) In making an arrest the police-officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.

(2) If such person forcibly resists the endeavor to arrest him, or attempts to evade the arrest, such police-officer or other person may use all means necessary to effect the arrest. (3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with ¹[transportation for life].

²[46A. In making an arrest, the police-officer or other person making the same shall-

(a) bear an accurate, visible and clear identification of his name which will facilitate easy identification;

(b) disclose his identity and if demanded, shall show his identity card to the person arrested and to the persons present at the time of arrest;

(c) prepare a memorandum of arrest which shall be-

(i)attested by at least one witness, who is a member of the family of the person arrested or a respectable inhabitant of the locality where the arrest is made and where no such witness is available, the reasons thereof be recorded in the memorandum;

(ii) countersigned or thumb-impressed by the person arrested if not refused by him;

(d) intimate, where the accused is arrested from a place other than his residence, to a family member, relative, or a friend nominated by the person arrested, as soon as practicable but not later than twelve hours from the time of such arrest, notifying the time and place of arrest and the place of custody;

(e) ensure, if any mark of injury is found on the body of the person arrested, the examination and first aid treatment of the person by a medical officer or a registered medical practitioner, as the case may be, in accordance with section 46E; obtain a certificate from the attending medical officer or practitioner; and record the reasons for such injury;

(f) allow the person arrested, if he so desires, to consult a lawyer of his choice or to meet any of his nearest relation, preferably within twelve hours of such arrest.

46B. (1) An entry shall be made in the official register by the officer making the arrest, stating the ground of arrest, the name and particulars of the informant or complainant, the name and particulars of the relative or friend, as the case may be, to whom information about the arrest has been given, and the name and particulars of the officer having custody of the person arrested.

(2) Every arrest made within the jurisdiction of a police-station shall be entered forthwith in the general diary of such station, and where the officer making the arrest is not attached to the said police-station, he shall, immediately after making such arrest, cause a copy of the memorandum of arrest to be furnished to the officer-in-charge of the said police-station, who shall thereupon cause an entry thereof to be made in the general diary.

(3) The officer responsible for maintaining the register or the general diary under sub-sections (1) and (2) shall, on demand, be bound to furnish information relating to such arrest to any relative, friend, or neighbour of the person arrested.

46C. District Superintendent of Police in every district, or Police Commissioner in every Metropolitan area, as the case may be, shall designate a police-officer not below the rank of an Assistant Sub-Inspector of Police in every district or Metropolitan headquarters and in every police station, for maintaining the information regarding the names and addresses of persons arrested and the nature of the offence for which they have been arrested; and such information shall be prominently displayed, preferably in digital form, at every police station and at the district or Metropolitan headquarters.

46D. It shall be the duty of the person having custody of an arrested person to take reasonable care of his health and safety.

46E. (1) When any person arrested appears to be sick or bears any mark of injury, he shall, soon after the arrest is made, be examined and provided with first aid treatment by a medical officer of a Government hospital; and if such medical officer is not available, by a registered medical practitioner:

Provided that where the arrested person is a female, the examination of her body shall, if practicable, be conducted by or under the supervision of a female medical officer or a female medical practitioner, or in the presence of a female staff nurse or a female attendant, as the case may be.

(2) Where an examination and treatment are conducted under sub-section (1), a certificate along with the report of such examination and treatment shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the concerned police-officer, as well as to the arrested person or to a person nominated by him.

(3) Where an arrested person, being sick or injured, is produced before the Magistrate, the Magistrate may pass necessary orders for his medical treatment:

Provided that where the arrested person is severely injured or sick in a manner which requires his admission into a hospital and renders his physical production before the Magistrate impracticable, he may be produced through electronic video linkage, subject to the satisfaction of the Magistrate and to such terms as the Magistrate may determine.]

47. If any person acting under a warrant of arrest, or any police-officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, the person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police-officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein.

48. If ingress to such place cannot be obtained under section 47 it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police-officer to enter such place and search therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance:

Provided that, if any such place is an apartment in the actual occupancy of a woman (not being the person to be arrested) who, according to custom, does not appear in public such person or police-officer shall, before entering such apartment, give notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it.

49. Any police-officer or other person authorized to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.

50. The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

51. Whenever a person is arrested by a police-officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail, and

Whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail,

the officer making the arrest or, when the arrest is made by a private person, the police-officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him ³[; and

 

where any article is seized from the arrested person, the officer shall prepare a list in the presence of a witness and obtain his signature, if practicable, and shall serve a copy thereof to the arrested person or to any person nominated by him].

52. Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman, with strict regard to decency.

53. The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested.

⁴[54. (1) Any police-officer may, without an order from a Magistrate and without warrant, arrest-

firstly, any person who commits, in the presence of a police-officer, a cognizable offence;

secondly, any person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, whether with or without fine, if the following conditions are satisfied, namely:-

    (i) the police-officer has reason to believe, on the basis of such complaint, information, or suspicion that such person has committed the said offence; and

    (ii) the police-officer is satisfied that such arrest is necessary-

        (a) to prevent such person from committing any further offence; or

        (b) for proper investigation of the offence; or

        (c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or

        (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police-officer; or

        (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured;

            and the police-officer shall record while making such arrest, his reasons in writing:

            Provided that a police-officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest;

thirdly, any person against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine, or with death sentence and the police-officer has reason to believe, on the basis of that information, that such person has committed the said offence;

fourthly, any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house breaking;

fifthly, any person who has been proclaimed as an offender either under this Code or by order of the Government;

sixthly, any person in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing;

seventhly, any person who obstructs a police-officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody;

eighthly, any person who is reasonably suspected of being a deserter from the armed forces of Bangladesh;

ninthly, any person who has been concerned in, or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been concerned in, any act committed at any place out of Bangladesh, which, if committed in Bangladesh, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in Bangladesh;

tenthly, any released convict committing a breach of any rule made under section 565, sub-section (3);

eleventhly, any person for whose arrest a requisition, has been received from another police-officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

(2) No police-officer shall arrest a person under this section for the purpose of detaining him under any law providing for preventive detention.]

⁵[54A. Every police-officer arresting any person without warrant shall, at the time of making arrest, communicate to him the reasons for which he is arrested.]

55.(1) Any officer in Charge of a police-station may, in like manner, arrest or cause to be arrested-

(a) any person found taking precautions to conceal his presence within the limits of such station, under circumstances which afford reason to believe that he is taking such precautions with a view committing a cognizable offence; or

(b) any person within the limits of such station who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself; or

(c) any person who is by repute an habitual robber, house-breaker or thief, or an habitual receiver of stolen property knowing it to be stolen, or who by repute habitually commits extortion or in order to the committing of extortion habitually puts or attempts to put persons in fear of injury.

56.(1) When any officer in charge of a police-station or any police-officer making an investigation under Chapter XIV requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made. The officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.

57.(1) When any person who in the presence of a police-officer has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained. (2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required: Provided that, if such person is not resident in Bangladesh, the bond shall be secured by a surety or sureties resident in Bangladesh. (3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

58. A police-officer may, for the purpose of arresting without warrant any person whom he is authorized to arrest under this Chapter, pursue such person into any place in Bangladesh.

59.(1) Any private person may arrest any person who in his view commits a non-bailable and cognizable offence, or any proclaimed offender, and without unnecessary delay, shall make over any person so arrested to a police-officer, or, in the absence of a police-officer, take such person or cause him to be taken in custody to the nearest police-station. (2) If there is reason to believe that such person comes under the provisions of section 54, a police-officer shall re-arrest him. (3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police-officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 57. If there is no sufficient reason to believe that he has committed any offence, he shall be at once released.

60. A police-officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police-station.

61. No police-officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.

62. Officers in charge of police-stations shall report ⁶[in ⁷[a] Metropolitan Area, to the Chief Metropolitan Magistrate, and in other areas, to the District Magistrate, ⁸[and also to the Chief Judicial Magistrate] the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise.

63. No person who has been arrested by a police-officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate.

64. When any offence is committed in the presence of a Magistrate ⁹[whether Executive or Judicial] within the local limits of his jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail commit the offender to custody.

65. Any Magistrate ¹⁰[whether Executive or Judicial] may at any time arrest or direct the arrest, in his presence, within the local limits of his jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

66. If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in Bangladesh.

67. The provisions of sections 47, 48 and 49 shall apply to arrests under section 66, although the person making any such arrest is not acting under a warrant and is not a police-officer having authority to arrest.

¹¹[67A. The Magistrate or Court, as the case may be, before whom the arrested person is produced, shall examine whether the provisions of this Code relating to arrest have been duly complied with by the officer making the arrest; and if the Magistrate or Court finds that any such provision or provisions have been negligently violated or not complied with, he or it may, for reasons to be recorded in writing, direct appropriate action to be taken against the concerned officer in accordance with the applicable service rules.]