Judicial Interpretation of Section 167 of the CrPC, Rights of Detainee and Police Procedure in Bangladesh

Abstract

This research critically examines the legal framework and judicial application of Section 167 of the Code of Criminal Procedure, 1898 in Bangladesh focusing on the delicate balance between effective criminal investigation and the constitutional guarantees of personal liberty and due process. Although Section 167 was designed to ensure judicial oversight in cases where investigations cannot be completed within twenty-four hours, its frequent misuse has raised concerns regarding arbitrary detention, custodial torture and prolonged pre-trial incarceration.Using a doctrinal and critical analytical methodology, the study evaluates statutory provisions, constitutional safeguards under Articles 31, 32, 33, and 35 and key judicial pronouncements shaping the modern interpretation of pre-trial detention. The findings reveal systemic inconsistencies in police procedure, gaps in judicial scrutiny and structural barriers that undermine detainee rights. The research argues for a rightscentric reform of Section 167, proposing stronger judicial monitoring, stricter standards for remand and enhanced safeguards against custodial abuse. Overall, the study seeks to contribute to ongoing debates on criminal justice reform in Bangladesh by emphasizing the need for a more transparent, accountable and constitutionally compliant remand system.