Recent allegations of journalists and students being beaten during anti-drug drives in Suhrawardy Udyan and Dhanmondi have sparked debate over the limits of police authority and the legal safeguards governing searches and use of force.
While anti-narcotics operations are a routine responsibility of law enforcement agencies, the incidents have raised questions about whether officers acted within the bounds of the law.
The issue has brought renewed attention to what the Code of Criminal Procedure (CrPC), the Police Regulations Bengal (PRB), and other relevant laws actually permit.
What the law says about searches
Under Sections 94 and 96 of the Code of Criminal Procedure, police may conduct a search with a magistrate’s permission or a search warrant to recover specific documents or objects.
Sections 102 and 103 stipulate that when searching a closed place, such as a house or bag, two or more respectable local witnesses must be present.
However, Section 165 allows a police officer to conduct a search without a warrant if waiting for one could result in the destruction of evidence.
In such cases, the officer must record the reasons for the search and promptly inform a magistrate.
For body searches, Section 51 permits police to search a person who has been arrested or detained.
A list of seized items must be prepared and a copy provided to the individual concerned.
Section 52 further specifies that a woman may only be searched by another woman officer, and her dignity must be preserved.
The Police Regulations Bengal (PRB) require that before searching a person or premises, officers must allow themselves to be searched to ensure no incriminating object is planted.
Harassment or public humiliation of citizens is considered a violation of police conduct rules.
Rights of citizens during a search
Citizens have specific legal rights during police searches.
They may request to see an officer’s identification, particularly if the officer is in plain clothes.
Individuals can also request that the search be conducted in the presence of neutral witnesses.
If items are seized, such as a mobile phone or wallet, the person searched is entitled to a seizure list or receipt.
Use of force and prohibition of torture
No law in Bangladesh authorizes police to beat or physically torture suspects, detainees or arrested individuals.
Sections 46 to 53 of the CrPC limit the use of force during arrest, stating that only the minimum necessary force may be used, particularly if a suspect attempts to flee.
Once a person is under control, further use of force is unlawful.
The Torture and Custodial Death (Prevention) Act, 2013 criminalizes physical and mental torture, including intimidation.
If a person dies due to torture by a government official, the official may face life imprisonment and a fine of Tk1 lakh.
In cases of injury, the law provides for a minimum five-year sentence and a fine of Tk50,000.
Article 35(5) of the Constitution of Bangladesh explicitly prohibits torture and cruel, inhuman or degrading treatment or punishment.
Under Section 54 of the CrPC, police may arrest a person without a warrant if there is reasonable suspicion that he or she has committed or is about to commit a crime.
However, such suspicion must be based on reasonable grounds, and any search conducted before or after arrest must comply with legal requirements.
Victims of alleged torture may file a complaint under Section 5 of the Torture and Custodial Death (Prevention) Act.
The law considers a victim’s testimony as substantial evidence even in the absence of witnesses.
At the same time, filing a false case out of malice is also punishable.
Police response
Police officials have defended ongoing anti-drug operations.
Former Inspector General of Police Abdul Qayyum told the Dhaka Tribune that drug abuse has become a serious social problem and that law enforcement agencies have a responsibility to conduct anti-drug campaigns and make arrests where necessary.
Deputy Commissioner of the Dhaka Metropolitan Police’s Media and Public Relations Department, Muhammad Talebur Rahman, said a zero-tolerance policy against drugs remains in force.
“The campaign against drugs will continue, there will be no concessions,” he said, adding that anyone who believes they have been harassed may file a complaint.
As anti-narcotics drives continue, the incidents in Suhrawardy Udyan and Dhanmondi have renewed debate over balancing law enforcement with constitutional safeguards -- and the importance of ensuring that operations remain within the legal framework.