LEGAL FRAMEWORK OF ARREST AND POST-ARREST SAFEGUARDS: A COMPARATIVE ANALYSIS AS TO THE LAWS OF BANGLADESH, INDIA, AND THE UNITED KINGDOM

Abstract

The rights of arrested persons during arrests and after arrests are significantly important because the act of arrest restricts persons’ rights to liberty that are protected by the laws of all countries including Bangladesh, India, and the United Kingdom (UK). These restrictions have raised several concerns over the years. While compliance with the laws on arrest is mandatory, the actual implementation of these laws is still questionable. There are obvious gaps between the provisions of the existing laws and the actual practice. Past research also suggests that the legal structure of arrest and post-arrest in Bangladesh should be revised in comparison with the criminal justice systems of other developed countries where rights of those arrested are safeguarded. However, past research has not compared other jurisdictions, and neither is there any research conducted on best practices of other jurisdictions. As such, this article analyses the various aspects of arrest and post-arrest safeguards that exist in all the three jurisdictions, and identifies good practices to safeguard the arrested person more effectively. The objective of identifying good practices from India and the UK is to use them as a paradigm for the criminal justice system of Bangladesh. This is done through the application of a qualitative research methodology using content analysis as the approach to analyse primary and secondary sources. The comparison includes discussion on the right to know the reason of arrest, right to be brought to court, right to be free from torture, right against self-incrimination, right to be medically examined and the remedial aspect of ‘habeas corpus’. These rights that are significantly related to the rights to life and liberty, fair trial and to be presumed innocent until proven guilty. The findings show that the UK’s legal framework is far better than the ones in India and Bangladesh. It is suggested that the protection provisions enshrined in the existing criminal justice system and the current legal structure should play an important role through specific court rulings. Further, it is asserted that the police department should take accountability by incorporating the necessary changes into the existing legal structure to ensure justice prevails. The paper ends with a recommendation that monetary compensation, and a physical exemplary punishment should be imposed to ensure the safeguards of individual, both at the time of arrest and post-arrest are upheld.