‘Arrested, but Where?’ A Family’s Right to Know

Think of a knock on the door of a rented flat just past midnight. Men in civilian clothes escort a young man away, telling him nothing more than that they need him at the police station. His mother follows the men downstairs. The car bears no insignia, nor is she given anyone's name. By daybreak, she has called all the relatives she can think of. No one can tell her anything about her son.

Bangladeshi families are familiar with this fear, and the question they ask is straightforward: Where is my relative? Under the Code of Criminal Procedure, 1898, which deals with arrests, there is now an answer that was not available before. The Code of Criminal Procedure (Amendment) Act, 2026, approved by Parliament in April, has been made applicable from 10 August 2025. This amendment introduces several new sections to ensure that no arrest is made in secrecy.

Consider first the time of arrest. Section 46A is a new provision that sets out certain duties of the arresting officer. It states that the officer should always wear an identification nameplate and, when asked, show his identification card to the arrested person and everyone present. He should also prepare a written “memorandum of arrest”, at least one of whose attesting witnesses should be a relative of the arrested person or a respectable resident of the locality.

Of all the provisions introduced by the legislation, the most important are those related to notifications. If a person is arrested away from his or her home, the arresting police officer is required to notify a relative or a nominated friend of the arrested person “as soon as practicable, and in any event within 24 hours”, stating the time and place of the arrest and the location of custody. The same legislation provides that an arrested person is entitled to consult a lawyer, if he or she wishes, or meet a close relative, “preferably within 12 hours”.

Media reports previously mentioned 12 hours as the required period for notification. This was the timeframe set by the ordinances. The Act, however, mandates notification within 24 hours while retaining 12 hours as the target for access to lawyers and relatives.

Section 54A, although shorter, is just as significant. When an officer arrests a person without a warrant, he must immediately inform that person of the reasons for the arrest. Otherwise, neither the arrested person nor their relatives would know what steps to take.

Now we come to the records, which are something most people overlook. Under Section 46B, an entry must be made in an official register, stating the reason for the arrest, the particulars of the complaint, the relative or friend who has been notified, and the name of the police officer in whose custody the arrested person is being held. An entry regarding the arrest must also be made in the general diary maintained at the police station. If the arresting officer belongs to a different police station, a copy of the memorandum must be sent to the officer-in-charge of the local police station, who must make the necessary entry. Most importantly for families, anyone responsible for maintaining the register or diary must, upon request, provide information about the arrest to any relative, friend or neighbour of the arrested person.

Section 46C goes one step further. In every district, metropolitan headquarters and police station, an officer not below the rank of Assistant Sub-Inspector must be appointed to maintain a list of the names and addresses of arrested persons and the offences they are accused of committing.

Record the time and location of the arrest, as well as any information about the names and units of the officers involved. If the arrested person has not been brought before a magistrate within 24 hours, as required by Article 33 of the Constitution, the family’s lawyer may raise the matter before the court.

Then what should the family do? Visit the police station closest to where the arrest took place and seek out the appointed police officer. Ask for confirmation that the arrest has been recorded in the register and the general diary, along with the relevant diary entry number. Make it clear that the request is being made under Section 46B. Record the time and location of the arrest, as well as any information about the names and units of the officers involved. If the arrested person has not been brought before a magistrate within 24 hours, as required by Article 33 of the Constitution, the family’s lawyer may raise the matter before the court.

Why does all this matter? Because written documentation turns an unknown person into a formally recognised detainee. It establishes the exact time at which custody began, thereby starting the 24-hour countdown before the person must be brought before a judge. It also establishes who is responsible for the detainee. Furthermore, these records indicate whether any injuries were observed, as required under Section 46E of the Code of Criminal Procedure, which provides for a medical examination in cases involving an injured detainee.

And what if these rules are flouted? In this regard, the Act is relatively subdued compared with other legislation dealing with similar situations. Sections 46A to 46E do not prescribe any specific penalties. Instead, control lies within the judicial process. Under the new Section 67A, the magistrate hearing the case following an arrest must verify whether the rules governing the arrest have been followed. According to the amended Section 167, a magistrate should order a medical examination if an accused person claims to have been tortured in police custody or shows any visible marks of injury. Again, under Section 167A, if a magistrate finds that an officer has unlawfully arrested someone, the magistrate may take action against the officer under Section 220 of the Penal Code. Besides, the families of arrested individuals can file a habeas corpus petition before the High Court Division.

The truth is that the strength of these new provisions rests on how firmly individuals demand that their rights be respected. A mother standing at a police station counter at three in the morning cannot be expected to quote section numbers. But if families know that the law gives them the right to ask questions, a register to consult and a magistrate to appeal to, the silence that follows an arrest will be harder to sustain.