Police Remand Under Section 167 CrPC in Bangladesh: Accused Rights & Defense Strategy
Your son was picked up last night. This morning, a police officer tells you he will be taken to court, and that the police will ask for “remand.” You do not know what that means, how long it can last, or what you can do.
This is a frightening moment. The good news is that the law gives an arrested person real protections, and these became stronger after the Code of Criminal Procedure (Amendment) Act, 2026. This guide explains how police remand works, what the accused can demand, and how a lawyer can oppose remand in court.
What is police remand?
Police remand (পুলিশ রিমান্ড) means a Magistrate allows the police to keep an arrested person in police custody for questioning during an investigation, instead of sending the person to jail.
The word “remand” does not appear in the Code itself. Courts and lawyers use it for custody ordered under Section 167 of the Code of Criminal Procedure, 1898 (CrPC). It is meant to be an exceptional step, not a routine one.
What does Section 167 CrPC say?
The rule starts with a time limit. A person arrested without a warrant should not be held for more than 24 hours (not counting travel time to court). This is the rule in Section 61 of the CrPC, and it also follows Article 33 of the Constitution.
If the police cannot finish the investigation in 24 hours and believe the accusation is well-founded, they must act under Section 167(1). The officer in charge, or the investigating officer (not below the rank of sub-inspector), must send the Magistrate a copy of the case diary entries and produce the accused before the Magistrate.
Then Section 167(2) applies. The Magistrate may authorise detention for a term not exceeding fifteen days in the whole. The Magistrate may choose which custody to order. It may be police custody, or judicial custody (জেল হাজত), meaning jail or any custody other than the police.
Remand rules at a glance
| Question | Rule | Section |
|---|---|---|
| How long can police hold an arrested person before court? | 24 hours, excluding travel time | Section 61 / Section 167(1) |
| What must police give the Magistrate? | Forwarding report and copy of case diary entries | Section 167(1) |
| Who can order police custody? | A Magistrate. Never a third-class Magistrate, and a second-class Magistrate only if specially empowered by the Government | Section 167(2), first proviso |
| Maximum police custody in one case | 15 days in total | Section 167(2), second proviso |
| What if more custody is needed? | Only judicial custody | Section 167(2) |
| Medical examination | Magistrate may order before custody. Mandatory after custody if injury marks appear or torture is alleged | Section 167(2A) |
| Arrest in a second case | Only after hearing the accused and seeing the case diary | Section 167A(1) |
| Investigation time | 60 working days, with extension by the Magistrate | Section 173B |
What changed in 2025 and 2026?
The reforms began with two Ordinances in 2025 (Ordinance No. 36 and Ordinance No. 41 of 2025). Parliament then enacted them as the Code of Criminal Procedure (Amendment) Act, 2026 (Act No. XI of 2026), published on 10 April 2026. Most provisions are treated as having come into force on 10 August 2025.
The main changes that affect remand are:
- A clear 15-day ceiling on police custody in a particular case
- Medical checks around police custody (Section 167(2A))
- Arrest safeguards in new Sections 46A to 46E, and a rewritten Section 54
- A duty on the Magistrate to check whether arrest rules were followed (Section 67A)
- Rules on “shown arrest” in another case (Section 167A)
- A 60-working-day investigation deadline (Section 173B)
Step by step: what happens after arrest
- Arrest. The officer must show identity, give the reason for arrest, and prepare a written arrest memorandum (গ্রেফতারি মেমো).
- Family is told. If the arrest is made away from home, police must inform a family member, relative or friend within 24 hours, stating the time, place of arrest and place of custody.
- Lawyer or relative access. The accused should be allowed to consult a lawyer or meet a close relative, preferably within 12 hours.
- Medical check. If the person is sick or injured, a government hospital doctor (or a registered doctor if none is available) must examine and treat them.
- Production before the Magistrate within 24 hours, with the forwarding report and case diary entries.
- Magistrate checks the arrest. Under Section 67A, the Magistrate examines whether the arrest rules were followed.
- Remand hearing. The police ask for remand. The defence responds and can ask for bail or judicial custody.
- Order. The Magistrate may release on bail, send the accused to judicial custody, or allow police custody for a stated number of days.
- After remand. The accused must be produced before the Magistrate when police custody ends, without unnecessary delay.
In Dhaka and other metropolitan areas, this hearing takes place before a Metropolitan Magistrate in the Chief Metropolitan Magistrate (CMM) Court. Elsewhere, it takes place before a Magistrate of the Chief Judicial Magistrate (CJM) Court.
Rights of the arrested person
| Right | What the law says |
|---|---|
| Know who is arresting | The officer must wear a clear name identification, disclose identity, and show an ID card if asked (Section 46A) |
| Written arrest memo | It must be attested by at least one witness, a family member or a respectable local person, and signed or thumb-marked by the accused if not refused (Section 46A) |
| Know the reason | The officer must tell the person the reasons at the time of arrest (Section 54A) |
| Family is informed | Within 24 hours, with time, place of arrest and place of custody (Section 46A) |
| Lawyer and relatives | Consult a lawyer of choice or meet a close relative, preferably within 12 hours (Section 46A) |
| Arrest register entry | The arrest must be entered in the official register and the police station general diary. The officer must give arrest information on demand to a relative, friend or neighbour (Section 46B) |
| Health and safety | The custodian must take reasonable care (Section 46D) |
| Medical examination | For sick or injured persons, soon after arrest, with a certificate given to police and to the arrested person or nominee (Section 46E) |
| List of seized items | A list prepared before a witness, with a copy to the arrested person (Section 51) |
| Hearing before a “shown arrest” | The Magistrate must hear the accused first (Section 167A) |
How to oppose police remand: grounds a lawyer may raise
A Magistrate decides remand using discretion, so no one can promise a result. These are the points an advocate commonly examines.
- Arrest rules not followed. Missing arrest memo, no witness, no identification, no information to family, no lawyer access. The Magistrate must check this under Section 67A and may direct action against an officer who negligently broke the rules.
- No written reasons for arrest. For cognizable offences punishable with up to seven years, the police must be satisfied the arrest is necessary and must record reasons in writing under Section 54.
- Weak forwarding report. The report must come with case diary entries, and the Magistrate should be satisfied there are grounds to believe the accusation is well-founded (Section 167(1)).
- Delay beyond 24 hours in producing the accused.
- Arrest for preventive detention. A police officer cannot arrest under Section 54 to detain under a preventive detention law, and a Magistrate cannot send such a person to judicial custody (Section 54(2), Section 167A(2)).
- Days already used. Police custody cannot exceed 15 days in total in a case.
- Illness or injury. Ask for treatment and a medical examination before any custody (Sections 46E and 167(2A)).
- Remand is not needed. The accused has a fixed address, is cooperating, and the evidence can be collected without custody. Ask the Magistrate to refuse remand, or to allow a shorter period.
Practical requests at the hearing:
- Record that the arrest rules were or were not followed
- Order a medical examination before handing over to police custody
- Limit remand to the fewest days justified
- Ask for bail, or judicial custody instead of police custody
- Ask that the accused be produced on time at the end of remand
Medical examination and torture complaints
Under Section 167(2A), the Magistrate may order the accused to be examined by a doctor at the nearest government hospital before police custody begins.
When police custody ends, the accused must be produced before the Magistrate without unnecessary delay. If there are injury marks, or the accused says they were tortured, the Magistrate must order a medical examination. If the report shows torture, the Magistrate must proceed according to law.
Families should note the date and time of handing over and return. This helps the lawyer make a clear record.
“Shown arrest”: remand in a second case
Sometimes a person already in custody in one case is “shown arrested” in another case. Section 167A puts a check on this. The Magistrate cannot allow it unless the accused is produced with a copy of the case diary entries, is given a chance to be heard, and the application appears well-founded.
This matters because it stops police from stacking custody across cases without scrutiny.
Investigation deadline
Under Section 173B, every investigation must be completed within 60 working days of receiving information about the offence. If the police need more time, the investigating officer must record reasons and apply to the Magistrate, who may extend the time. If the extended period is also missed, the Magistrate can direct another officer to investigate.
Ask your lawyer to track this date.
Key case law: BLAST v Bangladesh
The safeguards above did not appear overnight. In BLAST v Bangladesh (55 DLR 363, 2003), the High Court Division issued fifteen directives to curb arbitrary arrest under Section 54 and the misuse of remand under Section 167. The case followed the death of a young man in police custody.
On 24 May 2016, the Appellate Division dismissed the Government’s appeal and upheld the guidelines, with separate guidance for law enforcement agencies and for Magistrates. Many of these protections, such as arrest memos, medical examination and the bar on judicial custody for preventive-detention arrests, now appear in the Code itself. You can read the guidelines on the BLAST website.
What the family should do in the first 24 hours
- Find out where the person is held and who arrested them. Ask the police station to record the arrest in the general diary and to give you the information.
- Contact an advocate immediately. Do not wait for the court date.
- Collect the basics: the person’s ID, FIR or case number, police station name, officer’s name, and arrest memo number if available.
- Ask for the arrest memorandum and note whether a witness signed it.
- Ask about injuries or illness, and request a medical examination if needed.
- Go to the court where the person will be produced, and make sure the lawyer is present at the hearing.
- Keep a written timeline of the arrest time, calls made, and when the person was produced.
Common mistakes from practice
- Waiting to hire a lawyer until after the remand order.
- Not asking for the arrest memo or not checking who signed it.
- Missing the medical check. Injuries should be recorded early.
- Believing “payment” or “settlement” with police works. Do not hand money to anyone claiming to stop remand.
- Not knowing the case number or sections charged, which slows the lawyer.
- Assuming bail is impossible because remand was sought. Bail can be requested at the same hearing, depending on the offence.
- Posting about the case on social media, which can harm the defence.
An example (fictional)
Karim’s brother is arrested late at night from a shop. The police do not give a memo and tell the family nothing. By morning, the family contacts an advocate, who asks for the arrest memo and finds it has no independent witness.
At the CMM Court hearing, the advocate points to the missing memo and the missing family notice, asks the Magistrate to examine compliance under Section 67A, requests a medical examination, and asks for bail or, failing that, judicial custody. The Magistrate considers the police report and the defence, then decides. What the Magistrate orders depends on the facts and the offence, not on any promise from the lawyer.
Where to go
- Chief Metropolitan Magistrate (CMM) Court, Dhaka and other metropolitan Magistrate courts for arrests in metropolitan areas
- Chief Judicial Magistrate (CJM) Court or the local Magistrate elsewhere
- Sessions Judge and the High Court Division if bail is refused
- A criminal-defence advocate for all of the above
Cost and timeline
A remand hearing usually takes place when the accused is first produced in court, within about 24 hours of arrest. Lawyer fees and court costs vary by case and court, so no figure is given here. Later steps, such as bail and trial, depend on the court’s schedule and the facts.
Some special laws have their own investigation and custody rules, and children are treated under separate laws. If your case involves one of these, tell your advocate at the start.
Key takeaways
- Police can hold a person only 24 hours before production before a Magistrate.
- Only a Magistrate can authorise police custody, for no more than 15 days in total in a case.
- Demand the arrest memo, family notice, lawyer access and medical examination.
- A lawyer can challenge remand, ask for bail or judicial custody, and raise torture complaints.
- The Magistrate must check whether arrest rules were followed.
- Move fast: contact an advocate before the first hearing.
Frequently Asked Questions (FAQ)
Find clear, expert answers to the most common questions regarding this article below.
Police remand means a Magistrate allows the police to keep an arrested person in police custody for questioning during investigation, instead of sending them to jail. The Code does not use the word “remand”, but courts use it for custody under Section 167. It is meant to be an exceptional step, not routine.
Under Section 167(2) as amended in 2026, police custody cannot exceed 15 days in total in a particular case. The Magistrate decides the number of days, which need not be the full 15. If further custody is needed, it must be judicial custody, meaning jail or another non-police custody.
A person arrested without a warrant should not be held more than 24 hours, excluding travel time to the court. If the police need more time for investigation, they must send the accused to the nearest Magistrate with a copy of the case diary entries. Only the Magistrate can then authorise further detention.
Yes. Your advocate can appear at the production hearing, point out any breach of arrest rules, challenge the grounds for remand, and ask for bail or judicial custody instead. The Magistrate must record reasons if remand is granted. The outcome depends on the facts, so no lawyer can promise that remand will be refused.
The Magistrate may order a medical examination by a government hospital doctor before the accused is handed to police custody. After custody ends, if there are injury marks or the accused alleges torture, the Magistrate must order an examination. If the report shows torture, the Magistrate must act according to law.
Police must prepare a written arrest memorandum, attested by a witness, and show their identity. At the first hearing, the Magistrate must examine whether arrest rules were followed. If they were negligently violated, the Magistrate may direct action against the officer under service rules. Tell your lawyer immediately so this can be raised.
If the accused is already in custody in another case, the police can seek to show them arrested in the new case. The Magistrate cannot allow this unless the accused is produced with a copy of the case diary entries and is given a chance to be heard. The Magistrate must also find the application well-founded.
Under the new Section 173B, an investigation must generally be completed within 60 working days from receiving information about the offence. If more time is needed, the investigating officer must record reasons and apply to the Magistrate for an extension. If the extended time also passes, the Magistrate can order another officer to take over.
The police must inform a family member, relative or friend within 24 hours of the arrest, stating the time, place of arrest and place of custody. The accused should be allowed to meet a lawyer or relative, preferably within 12 hours. The officer keeping the arrest register must provide arrest information on demand to a relative, friend or neighbour.
The information provided in this article is for educational and general informational purposes under Bangladesh laws and should not be construed as specific legal advice. For formal counsel regarding your litigation or commercial matters, please consult directly with Advocate Ataur Rahman at our chamber.
