CrPC (Second Amendment) Ordinance 2025: A Step Towards Accountability and Justice

The Code of Criminal Procedure 1898 (“CrPC”) has been the backbone of Bangladesh’s criminal justice system for over a century. Yet it has often faced criticism for vesting disproportionate powers in the hands of the police. In response to these longstanding concerns, the government has enacted the Code of Criminal Procedure (Second Amendment) Ordinance, 2025, introducing reforms that are both ambitious and far-reaching.

At the heart of this amendment lies a major restructuring of provisions relating to pre-arrest and post-arrest procedures. The newly inserted Sections 46A to 46E impose strict obligations on arresting officers. Police are now required to carry visible identification during arrests, disclose their identity when asked, and present official ID upon request.

The key changes are highlighted below.

Interim discharge during investigation (Section 173A)

A groundbreaking addition allows courts to discharge accused persons early in the investigation if interim findings reveal no evidence against them. Importantly, names may be re-added if new, credible evidence emerges later. This provision aims to prevent harassment in false or politically motivated cases while balancing the need for justice.

Strengthened arrest protocols (Section 54 and Related Provisions)

To ensure transparency during arrests, police officers are now required to display their ID and name at the time of detention. A memorandum of arrest must also be prepared using a prescribed checklist and presented before a magistrate in the arrestee’s presence. Arrests without a warrant are restricted to strictly defined conditions, reducing the scope for arbitrary detentions.

Mandatory notification and immediate legal access

Within 12 hours of an arrest, the detainee’s family or lawyer must be notified without exception. Moreover, the accused has the right to consult a lawyer immediately. These measures strengthen due process and uphold constitutional rights.

Health and safety oversight  (Section 46D)

If an arrestee is ill or injured, a mandatory medical checkup must be conducted, with findings documented in a written report. This rule serves as a safeguard against custodial abuse and ensures accountability for detainee welfare.

Public transparency in arrests

Police stations, and district and metropolitan authorities are now obligated to publish daily arrest lists. By making this information public, the system encourages greater transparency and enhances citizen oversight.

Remand reform

Remand periods are capped at a maximum of 15 days per case. This reform addresses long-standing criticism of indefinite remand practices and prevents misuse of prolonged custodial interrogation.

Penalty for false cases

Courts are mandated to impose penalties in cases proven to be false. Fines have been raised to BDT100,000, sending a strong deterrent message against the misuse of legal processes.

Witness protection (Section 544)

For the first time, courts can issue protective orders for key witnesses and provide financial support to cover their expenses. This development is expected to encourage truthful testimony and greater participation in trials.