Advisory Council okays CrPC amendment requiring police to disclose identity during arrest

The council of advisers today (24 July) approved in principle the proposed "Code of Criminal Procedure (Second Amendment) Ordinance, 2025," which would require police officers to disclose their identity while making an arrest and promptly notify the detainee's family following that.

The approval came at the council's 35th meeting held at the Chief Adviser's Office, with Chief Adviser Professor Muhammad Yunus in the chair.

"If enacted, the law will significantly reduce harassment during arrests and detention, increase police accountability, and speed up judicial proceedings," Law Adviser Asif Nazrul said in a Facebook post.

In the post, the adviser highlighted key features of the proposed ordinance, saying it aims to reduce arbitrary arrests and protect the rights of detainees.

According to him, the draft ordinance mandates that police officers must disclose their identity during any arrest and immediately fill out a memorandum of arrest. A checklist included in the memorandum will confirm whether the arrestee's legal protections were upheld. This document must be presented before a magistrate in the presence of the arrestee.

The adviser further noted that Section 54 will no longer allow unchecked police powers to arrest anyone. For such arrest, a cognisable offence must occur in front of the police or the officer must be reasonably satisfied that the suspect has committed the offence. The reason for such satisfaction must be documented.

The ordinance also requires that the arrestee's family be notified as soon as possible – within 12 hours at the latest. The detainee must be granted access to a lawyer.

If an arrestee or someone on remand becomes ill or injured, the person must be examined by a physician, and the cause of injury must be determined. The law includes provisions to hold the police accountable and take action if they are found responsible for such harm.

The law adviser also noted in his post that regardless of which agency makes the arrest, the arrest must be recorded in the general diary of the relevant police station. In addition, each police station and district or metropolitan police headquarters will be required to display daily arrest data and lists.

To protect witnesses and victims, courts will be empowered to issue necessary protective orders and cover essential expenses for witnesses, he added.

The proposed ordinance also limits police remand to a maximum of 15 days in a single case, replacing the previous provision that allowed indefinite extensions.

Moreover, if a false case is proven, the court will be required to impose a mandatory sentence, and the maximum fine for such offences has been increased to Tk1 lakh, the adviser said.