The Police System

In common parlance cops and robbers area conceptual couple, cops always to chase the robbers.
This was not the case until relatively recently. Criminology has shed light, for most of its history,
on the robbers, miscreants, cops and other components of criminal justice system where outside its
jurisdiction.

The police in our contemporary sense are seen as a small part of the whole of domestic
government and an important agency of criminal justice system.

A recent anthropological study has linked the development of specializd police force to economic
specialization which happened in the evolution from a kinship to a class-dominated society.

Police in Different Countries:

The word ‘police’ comes from the French, and less directly from Greek politeia, which means
government or administration. In the eighteenth century the word ‘police’ was coined in France. It
is also known as constabulary.

In 1663, London hired watchman to patrol the streets at night. It was the first law enforcement
body. Throughout the United Kingdom this type of surveillance was widespread. The Glasgow
Police Act was passed on June 30, 1800. This Act established the city police of Glasgow, Scotland.
This was the first professional police organization in the country. Other cities followed this
instance and established their own police forces by individual Acts of Parliament. In 1929 the
Parliament passed the Metropolitan Police Act, which allowed Sir Robert Peel, the then home
secretary, to establish London Metropolitan Police, whose members came to be called Peelers or
Bobbies. It became odel for many countries, including the United States, and they found police
forces in their countries along this model. In 1845 the first organized police force was established
in New York city. Other cities followed this example.

In Australia thee are two levels of police forces, state police and the Australian Federal Police.
Brazil has two or three levels of police forces . The Brazilian Federal Plice and state Police
operates everywhere.

Canada has three levels of police forces: municipal, provincial, and federal. Although most urban
areas have power to maintain their own police forces, but law enforcement, constitutionally, is the
responsibility of the provinces.

Canada’s three provinces, Ontario, Quebec and Newfoundland, maintain their own provincial
police forces, namely, The Ontario Provincial Police, Surete du Quebec and Royal New Found
land Constabulary.

The United States has various types of police forces. Those are: federal police, state police (often
called state troopers or highway patrol), secial-purpose district police (parks, schools, housing
transit, etc), country police (sheriffs,constables, and some county police agencies), and local
police.

Interpol:

Interpol, acronym for the International Criminal Police Organization, is the largest international
police organization in the world. Conceived in 1914, Interpol was formally established in 1923
with headquarters at Vienna. Hitler’s Anschluss of Austria effectively dispersed Interpol in 1938.
The agency was reconstructed in 1946 with headquarters in Paris. 16 Currently Interpol has 184
members. It facilitates cross-border police co-operational and put forward its support and
assistance to all organization, authorities and services which are entrusted to prevent or combat
international crime. Interpol tries to promote international police co-operation even though
particular countries do not have diplomatic relations between them. Action is taken within the
limits of existing laws in different countries and in the spirit of the Universal Declaration of
Human Rights. Any intervention or activities of a political, military, religious or racial character is
prohibited by the Constitution of the agency.
Police in Bangladesh:

Bangladesh police started working from 16th December of 1971. Bangladesh Police is a
disciplined force within the meaning of Article 152 of the Constitution. Its is a structured force
having its network all over the country. Police of Bangladesh owes its creation to the Police Act,
1861. There is the Police Regulations, Bengal (PRB) to regulate the daily activities of the
members of police force.

Bangladesh police has its own administrative set up in urban and rural areas. Moreovr, thee are
Court Police, Railway Police, Traffic police, Water Police, Armed Police Battalion, Mounted
Police under the dispensation of the police force.

Dhaka Metropolitan Police was established by the Dhaka Metropolitan Police Ordinance,1976,
Chittagong Metropolitan Polie by the Chittagong Metropolitan Police Ordinance,1978, Khulna
Metropolitan Police by the Khulna Metropolitan Police Ordinance,1985, Rajshahi Metropolitan
Police by the Rajshahi Police Ordinance,1992.

General the Dafdars and Chowkidars are known as village Police. They are appointed according to
the provision of the Chowkidar Act, 1870,or the Local Autonomy Act,1919. The village Police are
not under the authority of the Police Act,1861, but they are government staff under section 21 of
the Penal Code.

The Bangladesh Police is mainly governed by the following acts:

 The Police Act - 1861

 Code of criminal Procedure - 1898
 The Police Regulation, Bengal - 1943
 The armed Police Battalions ordinance – 1979
 Relevant Metropolitan Acts

All the briefly discussed below with their object, functions & characteristics:

 The Police Act – 1861:

 This Act is the first Act of our country regarding police force. This Act describes the
constitution of the police force; containing the superintendence of the force; appointment,
dismissal and other conditions of service of inferior officers; power of inspector-general to make
rules; special police and their powers; and duties of police officers.

 Code of criminal Procedure – 1898:

This basic criminal procedural law contains provisions on the constitution of criminal courts
and offences; power of courts; aid and information to the magistrates, police, and person making
arrests; arrest escape and retaking; prevention of offence such as security for keeping the peace
and good behavior, unlawful assemblies, public nuisances, temporary orders in urgent cases of
nuisance, and preventive action of the police; information the police and their powers to
investigate; and proceedings and prosecution.

 The Police Regulation, Bengal – 1943:

It is regarded as the bible of all levels of police staff, with 1,290 regulations. It incorporated
in the rules necessitated and described police organization; relations with other department;
direction control mechanisms of police ; privileges and general instructions; duties of all ranks of
public officers; detailed description of police station, court police, railway police, criminal
investigation department(C.I.D), special armed forces(S.A.F); appointment, recruitment, and
promotions; compensations and allowances; uniform and clothing; punishment and appeals; and
housing facilities.

 Relevant Metropolitan Acts:

There are six Ordinances for administering the Metropolitan pilice. They are as follows:
 Dhaka Metropolitan Police Act – 1976
 Chittagong Metropolitan Police Act –1978
 Khulna Metropolitan Police Act –1984
 Sylhet Metropolitan Police Act –1992
 Barishal Metropolitan Police Act –2006
All the Ordinances describe the organizational structure, responsibilities, rank structures,
appointment, transfer, power of formulate regulations, administration of the force, power and
duties of the officers. and action taken for security and maintaining law and order in the respective
metropolitan cities.
  The armed Police Battalions ordinance – 1979:

In accordance with the provisions of this Ordinance, a force called Armed Police Battalions
was formed to Perform internal security duties, recover unauthorized arms, ammunitions and
explosives, apprehend armed gangs of criminals; and assist other law enforcing agencies.

 The armed Police Battalions(Amendment) Act – 2003:

Under this Act a special elite force of Bangladesh police is rapid Action Battalion (RAB).
The talented members of Bangladesh Army, Navy, Air force, Police, BDR are selected to
RAB

Functions of RAB:

 Internal securities duties.

 Recovery of unauthorized arms, ammunitions explosives and such other acticles.

Apprehension of armed gangs of criminals.

 Assisting other law enforcing agencies for maintaining law and order.

 Intelligence gathering in respect of crimes and criminal activities.

 Investigation of any offence on the direction of the government.

 Such other duties as the government may, from time to time, assign.

Function & responsibility of police:

As police is called law enforcing force, they have to exercise some function and responsibility
some of them are preventive actives which are:

 Take all necessary measures to prevent cognizable offence;

 Arrest the person involved in the conspiracy of committing of any offence or taking attempt
to commit any crime;

 Take all necessary measures to protect the property of the govt.;

  Take control of any property which might degrade law and order situation

Sometime after taking the preventive steps some offence has been done, then the responsibility of
police are:

 Find out the criminal;

 Arrest the criminal

 Bring the criminal before the court

 Carry out investigation

 Submit the police report

 Perform all other order of the court

Now-a-days police is performing some social responsibility. some of them are given below:

 Patrolling in the street

 protecting important establishment

 combating terrorism

 realizing illegal drug

 prevent trafficking

 guarding prostitution

 discovering illegal arms and explosives

 assisting in conducting mobile court

 assisting in conduction of public examinations

 Preventing collisions between rival political parties or any other clash etc.

Power of police:
 Police is enjoying some power, but most of them are not absolute. The only absolute power
is:

 To give the supplementary charge shit

The other powers are :

 To give Police report(charge shit, final report) under sec-173 of Cr.P.C.

 To arrest anybody with arrest warrant

 To detain anybody for reasonable cause

 To search anybody,home,property with search warrant

Proposed Amendment of Laws and Regulations:

The police Regulation, Bengal 1943 was written with a view to fulfill the demands and
needs of the British Government. Now that Bangladesh is an independent country, this regulation
is no longer relevant nor productive. Moreover, as there was no constitution yet at the time these
regulations were formulated, many provisions are not consistent with the spirit of the present
Constitution. The immediate modification of these laws and regulations is therefore necessary.

Likewise, Police Act 1891 should be repealed and new police act drafted consistent with the
spirit of the Constitution and needs of a modern community. The new law should be aimed at
facilitating access to justice, observances of human rights, and establishment of the rule of law.
The new law should emphasize accountability, human rights, service delivery, transparency,
gender equality, pro-poor policing, eradication of the colonial system and procedure, bridging the
gap between the police and the community, enhancement of community policing, partnership with
the community, and respect for democratic norms and practices.

Further, the special power Act of 1974 should be repealed as most offences there under are
already covered by the Penal Code and other laws. What needs to be done is a comprehensive
review of the Penal Code, the Criminal Code of Procedure, and the Evidence Act of determine
their appropriateness, effectiveness, and practically. Parameters for the exercise of police
discretion in effecting arrests and other legal processes should be set to prevent abuse. Particular
attention should also be given to the situation of female victims and accused. For women and
minor girls who are witnesses/ victims of abduction, appropriate shelter should be provided
pending trial, preferably with their legal guardian, or in a protected shelter maintained by NGOs or
through special government arrangements. The practice of putting females in prison on the pretext
of ‘safe custody’ should be former judges, lawyers with relevant expertise, former inspector
generals of police, attorney generals, and other experts should be established to review these laws
and regulations and propose new or a mandatory legislation where necessary.

Punishment and remedy against police system

In a rule of law, no one can remain above Law. All are to live their lives within the boundaries of
Law. The police are no exception. The duty of police is instill a sense of security in the ordinary
citizen and to protect the life and property of the citizen when they are in danger. If the police
failed to perform the duty, they are held accountable as per the law of our country.

Let’s see what is the remedy given against the aggression commit by the police.

If accusation is found against the police than according to police citizen charter sec.14 lays that
‘if there is any complain against any police than it has to be submit to the higher authority in
written form than higher authority have some responsibility.

a) After getting the complain in written form authority will take necessary steps and will
inform the accused.
b) The authority will personally hear from the victim and will take necessary steps and will
inform the accused.
c) Authority can take necessary steps by listening over phone from the complainant.

Remedy against criminal law:

If police is the accused, still victim can go to police station for filing a suit. There is no
limitation in the law about that. but the real fact is that most of the police station don’t want to
take any case against any police officer. In that matter there is a chance to file a suit in chief
metropolitan magistrate and chief judicial magistrate.

In this matter :

a) Magistrate can give order for judicial inquiry.

 b) Magistrate can take the matter in cognizance.
c) Magistrate can issue a warrant.

but there is a problem in CrPC. There is said that before file any suit against any government
officer there is a permission needed.

If any police office torture any person that there is chance to get remedy according to section 321-
326 of The Penal Code. There is said in Section 324 of penal code

“Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any
instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of
offence, is likely to cause death, or by means of fire
or any heated substance, or by means of any poison of any corrosive substance, or by means of
any explosive substance or by means of any substance which it is deleterious to the human body to
inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with
imprisonment of either description for a term which may extend to three years, or with fine, or
with both.”

According to section 325 “Whoever voluntarily causes grievous hurt, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also be
liable to fine.”

And according to section 326 if anybody attack any other person with deadly weapon he shall be
punished with 10 years of imprisonment and also fine or both.

According to police Act 1861 :

According to section 29 of Police Act 1861-“ Penalties for neglect of duty, etc.-- Every police-
officer who shall be guilty of any violation of duty or willful breach or neglect of any rule or
regulation or lawful order made by competent authority, or who shall withdraw from the duties of
his office without permission, or without having given previous notice for the period of two
months, 5[ or who, being absent on leave, shall fail, without reasonable cause, to report himself
for duty on the expiration of such leave,] or who shall engage without authority in any
employment other than his police- duty, or who shall be guilty of cowardice, or who shall offer
any unwarrantable personal violence to any person in his custody, shall be liable, on conviction
before a Magistrate, to a penalty not exceeding three months' pay, or to imprisonment with or
without hard labour, for a period not exceeding three months, or to both.”

There is also remedy in DMP ORDINANCE 1976 . Section 48 of DMP ORDINANCE 1976 lays
that “Any police officer who is guilty of cowardice or of any willful breach of any provision of
law or of any rule, regulation or order which it is his duty as such police-officer to observe or obey
shall be punishable with imprisonment for a term which may extend to six months, or with fine
which may extend to one thousand Taka, or with both.

These all rules are in DMP ORDINANCE. But the limitation of these law is according to this rules
if anyone want live any civil or criminal case against any police officer than he have to file this
case within 6 months of the occurrence happened and one month before filing he have to send the
reason and a notice to the accused police officer and his higher authority.

If any women abused by any police officer:

If there is any complain of abusing any women by a police officer there can be file suits according
to NARI O SHISHU NIRJATAN DAMAN AIN 2000. According to section 10 this Act “ if any
person touch any women for sexual purpose or abuse any women for his bad intention than is will
be considered as sexual harassment and for this action he shall be punished with maximum 10
years or minimum 3 years of rigorous imprisonment and with fine or both.

Abuse of the power of the police

In addition, the Police Act of 1861 lists the following offences for which a police officer can be
disciplined or prosecuted: a wilful breach or neglect of any rule or regulation or lawful order,
withdrawal from duties of the office or being absent without permission or reasonable cause,
engaging without authority in any employment other than their police duty, cowardice and causing
any unwarrantable violence to any person in their custody. The penalty for these offences ranges
between a fine of up to three months' pay to imprisonment of up to three months or a combination
of both.

Unfortunately, in practice, the authority of police leadership in Bangladesh has eroded over time
by political interference, leading to a loss of discipline in the force and the promotion of a
tendency at different levels within the police to seek outside patronage for rewards and protection
against punishment. There are also allegations that police departments sometimes suppress
incidents of misconduct by individual police officers because the revelation of the facts could
damage the image of the police force. All these serve as the reasons for decline in the effectiveness
of departmental mechanisms to ensure police accountability. Though the police authority always
claims that they do punish a good number of police officers each year for their wrongdoings,
people do not see any visible outcome of such internal accountability mechanism. Day by day, the
incidents of police brutality and abuse of power are increasing.

The courts constitute one of the most important external mechanisms of ensuring police
accountability. While writ petitions and public interest litigations can be filed in higher courts,
criminal prosecutions can be launched in lower courts against abuse of power and brutality by
police. Bangladesh's higher Judiciary has already proven its capacity to act as a powerful
mechanism in this regard by delivering a landmark judgment in BLAST and other vs Bangladesh
case, reported in 55 DLR (2003) 363. Some human rights organisations filed the writ petition in
the High Court challenging the abuse of police powers to arrest without warrant under section 54
of the Code of Criminal Procedure (CrCP) and the abuse of powers regarding taking the accused
into remand (police custody) under section 167 of the CrPC. Referring to recent incidents of gross
abuse of power, including allegations of custodial death, torture and inhuman treatment in remand
after arrest under Section 54 of the CrPC. The petitioners argued that law enforcing agencies
routinely abuse the powers granted under Sections 54 and 167 of the CrPC, and further that these
provisions suffer from vagueness and allow for arbitrary exercise of power. The petitioners argued
that the Court should enunciate safeguards to prevent or curtail police abuse of powers and
arbitrary actions by Magistrates, which constitute violations of citizens’ fundamental rights to life
and liberty, to equal protection of law, to be treated in accordance with law and to be free from
cruel, inhuman and degrading treatment and punishment as guaranteed under articles 32, 27, 31,
33 and 35 of the Constitution. The High Court delivered its judgment on the writ petition in 2003,
observing that sections 54 and 167 of the CrPC are not fully consistent with constitutionally
guaranteed freedoms and safeguards. The Court laid down a comprehensive set of
recommendations regarding necessary amendments to both sections of the CrPC, along with the
Police Act, The Penal Code and the Evidence Act, and directed that these should be acted upon
within six months. It also laid down a set of fifteen guidelines with regard to exercise of powers of
arrest and remand.

Unfortunately, the government has preferred an appeal against this judgment, which is now
pending before the Appellate Division.

In this case High Court delivered some judgment and also recommendation. These are:

 A police officer shall disclose his/her identity and show his/her ID Card on demand to the
person arrested or those present at the time of arrest
 A record of reasons of arrest and other particulars shall be maintained in a separate register
till a special diary is prescribed
 The concerned officer shall record reasons for marks of injury, if any, on the person arrested
and take him/her to nearest hospital or government doctor
 The person arrested shall be furnished with reasons of arrest within three hours of bringing
him/her to the Police Station
 If the person is not arrested from his/her residence or place of business, the relatives should
be informed over the phone or through messenger within one hour of bringing him/her to
Police Station
 The person concerned must be allowed to consult a lawyer of choice or meet nearest
relations

Our constitutional right :

According to article 33 of our constitution we have 4 constitutional right to an arrested person.

 a) Communication of ground of arrest.
b) Right to consult and be defended by lawyer.
c) Production before magistrate within 24 hours.
d) If accused have to keep in imprisonment here need the permission of advisory committee.

Article 35 provides us some rights. These are,

Article 35 (4) No person accused of any offence shall be compelled to be a witness against
himself.

35 (5) no person shall be subjected to torture or to cruel , inhuman or degrading

punishment or treatment.

Statement:

It is obvious that all the external and internal mechanisms for police accountability in Bangladesh
are not effective due to the government's political interference. In other words, the root cause of
lack of police accountability in Bangladesh is the 'rule of politics' and the absence of 'rule of law'.
To ensure police accountability, this 'rule of politics' must be uprooted. The Police must be
insulated from partisan political influence and interference by necessary law reforms. There
should be a mechanism to constantly monitor the implementation of the courts' judgments and
take the defaulting government or other parties back to the courts in order to use the judiciary as
an effective accountability mechanism. An independent police complaint Commission should be
established to check crimes with the force. The arrangement for inquiries into complaints against
the police should be such that both the police and the public perceive it to be fair and just. The
media must be allowed to work freely and independently.
Bibliography:

Ahmed,AminChowdhury(1996),-Bangladesh Police, Uttoridhikar O Babosthapona.

Monjur Kader, Md. Muajjem Hussain-Criminology

Sheikh Hafizur Rahman Karzon- Theoretical & Applied Criminology

The constitution of Bangladesh

Cases:

55 DLR (2003) 363

Links:

www.police.gov.bd

www.rabbd.com

www.thedailystar.net/forum/2012/July/police

www.blast.org.bd/issues/criminaljustice/214

http://www.thedailystar.net/forum/2012/July/politics.htm

http://bdlaws.minlaw.gov.bd/

Relevant laws :

Nari-O-Shishu Nirjatan Daman Ain, 2000 - Common law House

The constitution of Bangladesh