CrPC amendment: family must be notified within 12 hours of arrest

Arresting police officers must carry valid identification and nameplate, which should be presented when asked

The government is set to amend the Code of Criminal Procedure (CrPC) to introduce a provision that requires notifying a detainee’s family within 12 hours of their arrest.

The proposed amendment was approved on Thursday at a meeting of the Advisory Council chaired by Chief Advisor Muhammad Yunus at his office, said Law Advisor Asif Nazrul.

Nazrul said, “From now on, any police officer carrying out an arrest must have proper identification. This includes a nameplate and an ID card, both of which must be presented upon request.”

“Once the person is brought to the police station, their family must be informed. This should not take longer than 12 hours under any circumstances. If the arrested individual feels unwell, appropriate medical attention must be arranged.”

However, the he did not clarify what penalties would be imposed on law enforcement if these rules are not followed.

Nazrul added that there must be written documentation outlining why the arrest was made, who made the arrest, and which family member was contacted afterwards.

He also said that the police headquarters must maintain a centralised list of all arrested individuals.

Under the current CrPC, any arrested person must be produced before a court within 24 hours.

The higher courts have previously directed that family members must be informed without delay after an arrest. However, this was not formally included in the CrPC, leading to frequent allegations of human rights violations.

The amendment also brings changes to Section 54 of the CrPC.

“If a person commits a crime in front of a police officer, or if there is a risk that they may flee, the officer has the authority to arrest them,” said Nazrul.

Previously, Section 54 of the 1898 CrPC allowed police to arrest individuals without a magistrate’s warrant or order.

These provisions have long been criticised for enabling arbitrary arrests and violating individual freedoms.

Nazrul also confirmed that the amendment includes new provisions for submitting bail bonds online and issuing digital summonses.