Understanding custody period calculation in Bangladesh is essential for protecting the rights of accused persons. The law prescribes strict limits on how long a person can be held in police custody and judicial custody, and failure to observe these limits entitles the accused to bail as a matter of right. TRW — Tahmidur Rahman Remura Wahid Law Associates monitors custody periods carefully and acts immediately when the prescribed limits are reached.
Police Custody (Remand) Limits
Under Section 167 of the CrPC, the total period of police custody (remand) cannot exceed 15 days in any case. This 15-day limit applies across all instalments of remand. The Magistrate can authorise remand in instalments of up to 7 days at a time, but the total cannot exceed 15 days. After the 15-day police custody limit is reached, the accused must be transferred to judicial custody (jail) if the investigation is not complete.
TRW calculates the total remand period from the date of first arrest and monitors each remand order carefully. If the police apply for remand beyond the 15-day limit, TRW objects vigorously and brings this to the Magistrate's attention.
Judicial Custody Limits and Default Bail
Under the proviso to Section 167(2) of the CrPC, if the police fail to file the charge sheet within the prescribed period, the accused is entitled to default bail as a matter of right. The prescribed periods are: 60 days for offences punishable with death, life imprisonment, or imprisonment for not less than 10 years; and 30 days for all other offences. These periods are calculated from the date of first arrest (not from the date of remand). TRW monitors these periods carefully and files for default bail immediately upon expiry.
Default bail is an important but often overlooked remedy. Many accused persons remain in custody beyond the prescribed period simply because their lawyer has not applied for default bail. TRW ensures that this remedy is used whenever it is available.
Co-Accused Bail Comparison
When applying for bail, TRW always checks the bail status of all co-accused persons. If co-accused persons with similar or greater alleged roles have been granted bail, TRW argues that the same standard should apply to the client. This is known as the co-accused parity argument and is one of the most effective grounds for bail in Bangladesh courts. TRW prepares a detailed comparison of the accused's role and the co-accused's role, supported by the case documents, and presents it to the court. See our guide on bail petitions in Bangladesh.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's criminal law team monitor custody periods and act immediately to secure default bail when the prescribed limits are reached. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: What is default bail in Bangladesh?
A: Default bail is bail granted as a matter of right when the police fail to file the charge sheet within the prescribed period (60 or 30 days from arrest).
Q: Can the police extend the remand period beyond 15 days?
A: No. The total period of police custody cannot exceed 15 days under any circumstances.
Q: Does the custody period include the day of arrest?
A: Yes. The custody period is calculated from the date of arrest, including the day of arrest.
