Procedural Justice and Human Rights: An Evaluation of Arrest and Detention Provisions under the Code of Criminal Procedure, 1898 in Bangladesh

This study critically examines the intersection of procedural justice and human rights within the framework of arrest and detention provisions under the Code of Criminal Procedure (CrPC), 1898, in Bangladesh. Using a qualitative research design—combining doctrinal analysis with interviews of legal practitioners, human-rights advocates, and judicial officers—it evaluates how procedural safeguards are implemented in practice. Despite constitutional guarantees of liberty and fair process, findings reveal systemic misuse of Sections 54 and 167, leading to arbitrary arrests, prolonged pretrial detention, and denial of access to counsel. The gap between law and enforcement reflects deep institutional and cultural deficiencies that undermine both procedural fairness and compliance with international human-rights norms such as the ICCPR and CAT. The analysis underscores that procedural justice is not merely a matter of legal compliance but of legitimacy, transparency, and respect for human dignity. The study concludes that without reforms to police accountability, judicial oversight, and access to legal aid, procedural safeguards will remain largely symbolic. Strengthening procedural justice is thus essential for ensuring the rule of law, restoring public trust, and fulfilling Bangladesh’s constitutional and international commitments to human rights.