Remand — the detention of an accused person in police custody for interrogation — is one of the most contested aspects of criminal procedure in Bangladesh. While the law permits remand in appropriate cases, it is frequently misused. TRW — Tahmidur Rahman Remura Wahid Law Associates vigorously challenges remand applications and works to limit the period of police custody to protect clients' rights and dignity.
Legal Basis for Remand in Bangladesh
Remand is authorised by Section 167 of the CrPC. When a person is arrested and the investigation cannot be completed within 24 hours, the police may produce the accused before a Magistrate and request remand (police custody for further investigation). The Magistrate may authorise detention in police custody for up to 15 days in total (in instalments of up to 7 days at a time) and in judicial custody for up to 60 days (for offences punishable with death or life imprisonment) or 30 days (for other offences). After the expiry of the remand period, if the charge sheet has not been filed, the accused is entitled to bail under the proviso to Section 167(2) of the CrPC (the "default bail" provision).
The Supreme Court Guidelines on Remand
The Supreme Court of Bangladesh has issued important guidelines on remand in the landmark case of BLAST v Bangladesh [2003] 55 DLR (HCD) 363. These guidelines include: the police must show specific grounds for remand; the Magistrate must apply their mind independently and not mechanically grant remand; the accused must be produced before the Magistrate in person; the accused's lawyer must be allowed to oppose the remand application; and the Magistrate must record reasons for granting remand. TRW's lawyers cite these guidelines in every remand hearing to protect clients' rights.
How TRW Challenges Remand
TRW challenges remand applications on the following grounds. The police have not shown specific grounds for further interrogation. The accused has already cooperated with the investigation. The investigation is substantially complete. Continued remand would be oppressive and disproportionate. The accused has a medical condition that makes police custody dangerous. The accused has not been informed of the grounds for remand. TRW appears before the Magistrate at the remand hearing and argues these grounds vigorously, often successfully reducing or eliminating the remand period.
Default Bail After Expiry of Remand Period
If the police fail to file the charge sheet within the prescribed period (60 days for serious offences, 30 days for others), the accused is entitled to default bail under the proviso to Section 167(2) of the CrPC. TRW monitors the remand period carefully and files for default bail immediately upon expiry of the period. This is an important remedy that is often overlooked by less experienced lawyers. See our guide on bail petitions in Bangladesh.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's criminal law team appear at remand hearings and challenge remand applications effectively. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can the police take remand more than once?
A: Yes, but the total period of police custody cannot exceed 15 days. Each instalment of remand must be separately authorised by the Magistrate.
Q: What is the difference between police custody and judicial custody?
A: Police custody (remand) means the accused is held at the police station for interrogation. Judicial custody means the accused is held in jail (not at the police station).
Q: Can a lawyer be present during police interrogation?
A: The law does not explicitly provide for a lawyer to be present during interrogation, but the accused has the right to consult a lawyer before and after interrogation.
