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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 classdominated society.
Police in Different Countries:
The word !police" comes from the #rench, and less directly from $reek politeia, which means
government or administration. In the eighteenth century the word !police" was coined in #rance. It
is also known as constabulary.
In %&&', (ondon hired watchman to patrol the streets at night. It was the first law enforcement
body. Throughout the )nited *ingdom this type of surveillance was widespread. The $lasgow
+olice Act was passed on ,une '-, %.--. This Act established the city police of $lasgow, /cotland.
This was the first professional police organization in the country. 0ther cities followed this
instance and established their own police forces by individual Acts of +arliament. In %121 the
+arliament passed the 3etropolitan +olice Act, which allowed /ir 4obert +eel, the then home
secretary, to establish (ondon 3etropolitan +olice, whose members came to be called +eelers or
5obbies. It became odel for many countries, including the )nited /tates, and they found police
forces in their countries along this model. In %.67 the first organized police force was established
in 8ew 9ork city. 0ther cities followed this e:ample.
In Australia thee are two levels of police forces, state police and the Australian #ederal +olice.
5razil has two or three levels of police forces . The 5razilian #ederal +lice and state +olice
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, 0ntario, <uebec and 8ewfoundland, maintain their own provincial
police forces, namely, The 0ntario +rovincial +olice, /urete du <uebec and 4oyal 8ew #ound
land Constabulary.
The )nited /tates has various types of police forces. Those are; federal police, state police =often
called state troopers or highway patrol>, secialpurpose 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 +olice 0rganization, is the largest international
police organization in the world. Conceived in %1%6, Interpol was formally established in %12'
with head?uarters at @ienna. Aitler"s Anschluss of Austria effectively dispersed Interpol in %1'..
The agency was reconstructed in %16& with head?uarters in +aris.
%&
Currently Interpol has %.6
members. It facilitates crossborder police cooperational 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 cooperation even though
particular countries do not have diplomatic relations between them. Action is taken within the
limits of e:isting laws in different countries and in the spirit of the )niversal Beclaration of
Auman 4ights. Any intervention or activities of a political, military, religious or racial character is
prohibited by the Constitution of the agency.
Police in Bangladesh:
5angladesh police started working from %&
th
Becember of %1C%. 5angladesh +olice is a
disciplined force within the meaning of Article %72 of the Constitution. Its is a structured force
having its network all over the country. +olice of 5angladesh owes its creation to the +olice Act,
%.&%. There is the +olice 4egulations, 5engal =+45> to regulate the daily activities of the
members of police force.
5angladesh police has its own administrative set up in urban and rural areas. 3oreovr, thee are
Court +olice, 4ailway +olice, Traffic police, Dater +olice, Armed +olice 5attalion, 3ounted
+olice under the dispensation of the police force.
Bhaka 3etropolitan +olice was established by the Bhaka 3etropolitan +olice 0rdinance,%1C&,
Chittagong 3etropolitan +olie by the Chittagong 3etropolitan +olice 0rdinance,%1C., *hulna
3etropolitan +olice by the *hulna 3etropolitan +olice 0rdinance,%1.7, 4ajshahi 3etropolitan
+olice by the 4ajshahi +olice 0rdinance,%112.
$eneral the Bafdars and Chowkidars are known as village +olice. They are appointed according to
the provision of the Chowkidar Act, %.C-,or the (ocal Autonomy Act,%1%1. The village +olice are
not under the authority of the +olice Act,%.&%, but they are government staff under section 2% of
the +enal Code.
The 5angladesh +olice is mainly governed by the following acts;
The +olice Act %.&%
Code of criminal +rocedure %.1.
The +olice 4egulation, 5engal %16'
The armed +olice 5attalions ordinance E %1C1
4elevant 3etropolitan Acts
All the briefly discussed below with their object, functions F 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 forceG containing the superintendence of the forceG appointment,
dismissal and other conditions of service of inferior officersG power of inspectorgeneral to make
rulesG special police and their powersG and duties of police officers.
Code of criminal Procedure 1898:
This basic criminal procedural law contains provisions on the constitution of criminal courts
and offencesG power of courtsG aid and information to the magistrates, police, and person making
arrestsG arrest escape and retakingG 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 policeG information the police and their powers to
investigateG and proceedings and prosecution.
The Police Regulation, Bengal 1943:
It is regarded as the bible of all levels of police staff, with %,21- regulations. It incorporated
in the rules necessitated and described police organizationG relations with other departmentG
direction control mechanisms of police G privileges and general instructionsG duties of all ranks of
public officersG detailed description of police station, court police, railway police, criminal
investigation department=C.I.B>, special armed forces=/.A.#>G appointment, recruitment, and
promotionsG compensations and allowancesG uniform and clothingG punishment and appealsG and
housing facilities.
Releant !etro"olitan Act#:
There are si: 0rdinances for administering the 3etropolitan pilice. They are as follows;
Bhaka 3etropolitan +olice Act E %1C&
Chittagong 3etropolitan +olice Act E%1C.
*hulna 3etropolitan +olice Act E%1.6
/ylhet 3etropolitan +olice Act E%112
5arishal 3etropolitan +olice Act E2--&
All the 0rdinances 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 Battalion# ordinance 19$9:
In accordance with the provisions of this 0rdinance, a force called Armed +olice 5attalions
was formed to +erform internal security duties, recover unauthorized arms, ammunitions and
e:plosives, apprehend armed gangs of criminalsG and assist other law enforcing agencies.
The armed Police Battalion#%Amendment& Act '((3:
)nder this Act a special elite force of 5angladesh police is rapid Action 5attalion =4A5>.
The talented members of 5angladesh Army, 8avy, Air force, +olice, 5B4 are selected to
4A5
#unctions of 4A5;
Internal securities duties.
4ecovery of unauthorized arms, ammunitions e:plosives 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.
/uch other duties as the government may, from time to time, assign.
)unction * re#"on#i+ilit, of "olice:
As police is called law enforcing force, they have to e:ercise some function and responsibility
some of them are preventive actives which are;
Take all necessary measures to prevent cognizable offenceG
Arrest the person involved in the conspiracy of committing of any offence or taking attempt
to commit any crimeG
Take all necessary measures to protect the property of the govt.G
Take control of any property which might degrade law and order situation
/ometime after taking the preventive steps some offence has been done, then the responsibility of
police are;
#ind out the criminalG
Arrest the criminal
5ring the criminal before the court
Carry out investigation
/ubmit the police report
+erform all other order of the court
8owadays police is performing some social responsibility. some of them are given below;
+atrolling in the street
protecting important establishment
combating terrorism
realizing illegal drug
prevent trafficking
guarding prostitution
discovering illegal arms and e:plosives
assisting in conducting mobile court
assisting in conduction of public e:aminations
+reventing collisions between rival political parties or any other clash etc.
Po-er of "olice:
+olice 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 +olice report=charge shit, final report> under sec%C' of Cr.+.C.
To arrest anybody with arrest warrant
To detain anybody for reasonable cause
To search anybody,home,property with search warrant
Pro"o#ed Amendment of .a-# and Regulation#:
The police 4egulation, 5engal %16' was written with a view to fulfill the demands and
needs of the 5ritish $overnment. 8ow that 5angladesh is an independent country, this regulation
is no longer relevant nor productive. 3oreover, 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.
(ikewise, +olice Act %.1% 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 e?uality, propoor 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.
#urther, the special power Act of %1C6 should be repealed as most offences there under are
already covered by the +enal Code and other laws. Dhat needs to be done is a comprehensive
review of the +enal Code, the Criminal Code of +rocedure, and the Hvidence Act of determine
their appropriateness, effectiveness, and practically. +arameters for the e:ercise of police
discretion in effecting arrests and other legal processes should be set to prevent abuse. +articular
attention should also be given to the situation of female victims and accused. #or women and
minor girls who are witnessesI victims of abduction, appropriate shelter should be provided
pending trial, preferably with their legal guardian, or in a protected shelter maintained by 8$0s or
through special government arrangements. The practice of putting females in prison on the prete:t
of !safe custody" should be former judges, lawyers with relevant e:pertise, former inspector
generals of police, attorney generals, and other e:perts 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 (aw. All are to live their lives within the boundaries of
(aw. The police are no e:ception. 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.
(et"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.%6 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> 3agistrate can give order for judicial in?uiry.
b> 3agistrate can take the matter in cognizance.
c> 3agistrate can issue a warrant.
but there is a problem in Cr+C. 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 '2%
'2& of The +enal Code. There is said in /ection '26 of penal code
JDhoever, e:cept in the case provided for by section ''6, 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 e:plosive 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 e:tend to three years, or with fine, or
with both.K
According to section '27 JDhoever voluntarily causes grievous hurt, shall be punished with
imprisonment of either description for a term which may e:tend to seven years, and shall also be
liable to fine.K
And according to section '2& if anybody attack any other person with deadly weapon he shall be
punished with %- years of imprisonment and also fine or both.
According to police Act 1!1 :
According to section 21 of +olice Act %.&%J +enalties for neglect of duty, etc. Hvery 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, 7L or who, being absent on leave, shall fail, without reasonable cause, to report himself
for duty on the e:piration of such leave,M 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 3agistrate, to a penalty not e:ceeding three monthsN pay, or to imprisonment with or
without hard labour, for a period not e:ceeding three months, or to both.K
There is also remedy in B3+ 04BI8A8CH %1C& . /ection 6. of B3+ 04BI8A8CH %1C& lays
that JAny 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 policeofficer to observe or obey
shall be punishable with imprisonment for a term which may e:tend to si: months, or with fine
which may e:tend to one thousand Taka, or with both.
These all rules are in B3+ 04BI8A8CH. 5ut 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 & 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 a"used "y any police officer:
If there is any complain of abusing any women by a police officer there can be file suits according
to 8A4I 0 /AI/A) 8I4,ATA8 BA3A8 AI8 2---. According to section %- this Act J if any
person touch any women for se:ual purpose or abuse any women for his bad intention than is will
be considered as se:ual harassment and for this action he shall be punished with ma:imum %-
years or minimum ' years of rigorous imprisonment and with fine or both.
A"use of the power of the police
In addition, the +olice Act of %.&% 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 monthsN pay to imprisonment of up to three months or a combination
of both.
)nfortunately, in practice, the authority of police leadership in 5angladesh 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. Bay by day, the
incidents of police brutality and abuse of power are increasing.
The courts constitute one of the most important e:ternal mechanisms of ensuring police
accountability. Dhile 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. 5angladeshNs higher ,udiciary has already proven its capacity to act as a powerful
mechanism in this regard by delivering a landmark judgment in 5(A/T and other vs 5angladesh
case, reported in 77 B(4 =2--'> '&'. /ome human rights organisations filed the writ petition in
the Aigh Court challenging the abuse of police powers to arrest without warrant under section 76
of the Code of Criminal +rocedure =CrC+> and the abuse of powers regarding taking the accused
into remand =police custody> under section %&C of the Cr+C. 4eferring to recent incidents of gross
abuse of power, including allegations of custodial death, torture and inhuman treatment in remand
after arrest under /ection 76 of the Cr+C. The petitioners argued that law enforcing agencies
routinely abuse the powers granted under /ections 76 and %&C of the Cr+C, and further that these
provisions suffer from vagueness and allow for arbitrary e:ercise of power. The petitioners argued
that the Court should enunciate safeguards to prevent or curtail police abuse of powers and
arbitrary actions by 3agistrates, which constitute violations of citizens" fundamental rights to life
and liberty, to e?ual 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 '2, 2C, '%,
'' and '7 of the Constitution. The Aigh Court delivered its judgment on the writ petition in 2--',
observing that sections 76 and %&C of the Cr+C 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 Cr+C, along with the
+olice Act, The +enal Code and the Hvidence Act, and directed that these should be acted upon
within si: months. It also laid down a set of fifteen guidelines with regard to e:ercise of powers of
arrest and remand.
)nfortunately, the government has preferred an appeal against this judgment, which is now
pending before the Appellate Bivision.
In this case Aigh Court delivered some judgment and also recommendation. These are;
A police officer shall disclose hisIher identity and show hisIher IB 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 himIher to nearest hospital or government doctor
The person arrested shall be furnished with reasons of arrest within three hours of bringing
himIher to the +olice /tation
If the person is not arrested from hisIher residence or place of business, the relatives should
be informed over the phone or through messenger within one hour of bringing himIher to
+olice /tation
The person concerned must be allowed to consult a lawyer of choice or meet nearest
relations
#ur constitutional right :
According to article '' of our constitution we have 6 constitutional right to an arrested person.
a> Communication of ground of arrest.
b> 4ight to consult and be defended by lawyer.
c> +roduction before magistrate within 26 hours.
d> If accused have to keep in imprisonment here need the permission of advisory committee.
Article '7 provides us some rights. These are,
Article '7 =6> 8o person accused of any offence shall be compelled to be a witness against
himself.
'7 =7> no person shall be subjected to torture or to cruel , inhuman or degrading
punishment or treatment.
Statement:
It is obvious that all the e:ternal and internal mechanisms for police accountability in 5angladesh
are not effective due to the governmentNs political interference. In other words, the root cause of
lack of police accountability in 5angladesh is the Nrule of politicsN and the absence of Nrule of lawN.
To ensure police accountability, this Nrule of politicsN must be uprooted. The +olice 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 courtsN 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 in?uiries 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.

Bi+liogra"h,:
Ahmed,AminChowdhury=%11&>,5angladesh +olice, )ttoridhikar 0 5abosthapona.
3onjur *ader, 3d. 3uajjem AussainCriminology
/heikh Aafizur 4ahman *arzon Theoretical F Applied Criminology
The constitution of 5angladesh
Cases;
77 B(4 =2--'> '&'
(inks;
www.police.gov.bd
www.rabbd.com
www.thedailystar.netIforumI2-%2I,ulyIpolice
www.blast.org.bdIissuesIcriminaljusticeI2%6
http;IIwww.thedailystar.netIforumI2-%2I,ulyIpolitics.htm
http;IIbdlaws.minlaw.gov.bdI
4elevant laws ;
8ari0/hishu 8irjatan Baman Ain, 2--- Common law Aouse
The constitution of 5angladesh

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