Revisiting Colonial Legacies: A Critical Appraisal of the Code of Criminal Procedure, 1898, in the Context of Modern Bangladesh

This article critically reappraises the enduring influence of the Code of Criminal Procedure, 1898 (CrPC), on the legal and judicial landscape of Bangladesh. Initially introduced as a colonial administrative tool, the CrPC has persisted as the backbone of procedural law in criminal justice despite significant socio-political transformations since independence. Using a multi-method research design—including doctrinal analysis, case law review, and empirical insights through interviews, observations, and file audits—the study interrogates how colonial legacies continue to shape procedural justice in Bangladesh. By situating the CrPC within its historical context, the paper traces the transplantation of British imperial legal frameworks and their adaptation in the subcontinent. Findings reveal both continuity and contestation: while certain colonial procedures provide structure and predictability, others exacerbate inefficiencies, foster delays, and perpetuate inequities. Comparative analysis with India, Pakistan, and Sri Lanka highlights region-wide struggles to modernise inherited frameworks while balancing tradition and reform. The discussion synthesises these findings with legal pluralism and postcolonial theory, offering a nuanced understanding of the tension between legal continuity and reform imperatives. Ultimately, this article underscores the need for systematic procedural modernisation that is context-sensitive, citizen-centred, and aligned with democratic governance. The study concludes with targeted recommendations and a research agenda for reimagining criminal procedural law in Bangladesh.