Introduction
The primary law enforcement body in Bangladesh is the Bangladesh Police, which operates under the supervision of the Ministry of Home Affairs (Ministry of Home Affairs, 2013). Unfortunately, the Bangladesh police face significant criticism for their inefficiency, dishonesty, extrajudicial killings, oppression, violent repression of opposition, and the high number of deaths in custody (Uddin, 2018).
The legal framework governing the police, particularly the outdated Police Act of 1861, fails to align with modern democratic standards and often contributes to systemic issues within the force. The July 2024 revolution starkly highlighted these problems, as law enforcement’s misuse of power resulted in severe human rights violations and the urgent need for police reform in Bangladesh, drawing comparisons to international standards and best practices.
Historical Background of Police Laws in Bangladesh
The function of the Bangladesh Police has emerged with the repressive policing structures, laws, components, and characteristics of the British colonial era because, after independence in 1971, Bangladesh retained much of its colonial legal framework (Islam & Rahman, 2018). However, for an independent country, the colonial policing structure and procedures are not suitable, an issue officially acknowledged by the police institution (Akanda, 2014). Unfortunately, in Bangladesh, the police have been operating under a 150-year-old law called the Police Act of 1861, along with subsequent statutes, such as the Code of Criminal Procedure of 1898, and the Police Regulations of Bengal 1943 (Staff Correspondent, 2024a).
Despite being outdated, no major changes have been made to these laws (Staff Correspondent, 2024a). The colonial-era Police Act of 1861 perpetuates a mindset of suppression, and the guidelines to prevent misuse of the Act are often ignored, and a lack of judicial independence further exacerbates the crisis (Staff Correspondent, 2024b). Often at the expense of individual rights, these laws emphasise hierarchical control and grant sweeping powers to law enforcement officers. This historical inertia has entrenched a culture of impunity, where police power is rarely checked by effective oversight mechanisms. In other words, police officers and institutions often operate without fear of accountability or consequences for their actions.
Contradictions in Law (Police Powers vs Constitutional Rights)
In Bangladesh, the police actions that violate human rights are often justified under the country’s legal framework (U.S. Department of State, 2022). In the name of maintaining and upholding public order, statutes grant law enforcement significant discretion. For Instance, under the Special Powers Act of 1974, arbitrary arrests and detention without trial are justified on vague grounds of ‘state security’. Furthermore, the practice of ‘crossfire’ or ‘gunfights’, where suspects are killed under the guise of self-defence, is frequently justified through legal loopholes (U.S. Department of State, 2022). Laws regulating public gatherings allow police to use excessive force to suppress dissent (Amnesty International, 2023)
Since Sections of the Police Act give broad and unchecked powers to the police, this can lead to arbitrary arrests and detentions without proper safeguards. Furthermore, vague provisions in the law enable arrests without adequate evidence or justification, violating constitutional guarantees of due process under Article 33 of the Constitution of the People’s Republic of Bangladesh of 1972. Similarly, Section 54 of the Code of Criminal Procedure (CrPC), which supplements police powers, allows arrests without a warrant based on suspicion, and often it can be used for widespread misuse, contradicting Article 32 of the Constitution, which guarantees personal liberty and security.
Custodial torture and extrajudicial killings by the police have been documented in Bangladesh, which happens due to the police force’s failure to take stringent measures to prevent such abuses. This is in contradiction with Article 35(5) of the Constitution, which prohibits torture or cruel, inhuman, or degrading treatment. Furthermore, the Police Act lacks robust mechanisms for holding officers accountable for misconduct, contradicting Article 7, which establishes the supremacy of the Constitution, meaning all actions of state organs, including the police, must adhere to constitutional principles.
International Legal Framework
Bangladesh’s policing practices fall short of international standards outlined in key treaties to which the country is a party. Under the International Covenant on Civil and Political Rights (ICCPR), Article 9 prohibits arbitrary arrest and detention, yet, the Special Powers Act of 1974 violates this, and Article 7’s prohibition of torture is undermined by widespread reports of police abuse. The Convention Against Torture (CAT), ratified in 1998, remains unimplemented through domestic legislation, allowing police brutality to persist.
Similarly, Articles 3 and 5 of the Universal Declaration of Human Rights (UDHR), which safeguard the rights to life, liberty, and freedom from torture, are contravened by extrajudicial killings and excessive use of force during protests. Additionally, the Convention on the Rights of the Child (CRC) prohibits violence and arbitrary detention against children, yet such practices continue, particularly during mass protests. These issues highlight the urgent need for reform to align Bangladesh’s policing framework with its international human rights obligations.
Prohibition of Torture is recognised as a jus cogens norm, and the prohibition of torture is binding on all states, regardless of treaty obligations. Yet, systemic torture within Bangladesh’s police force continues unchecked. As the principle of due process customary international law, arbitrary arrests and prolonged detentions without trial violate CIL. Customary international law requires that law enforcement use force only when necessary and proportional. The excessive force used during the July Revolution of 2024 starkly contrasts with this standard.
Misconduct by Police in the Context of the July Revolution of 2024: A Turning Point
In 15 years of the previous Awami League regime, around 120,000 were recruited in the Bangladesh Police, which indicates that the allocation for police increased by 433 percent during this period (Hasan, 2024). However, there were no substantial efforts to transform the police into a professional organisation; rather, the police were used to suppress the political opponents of the ruling party in the last one and a half decades (Hasan, 2024).
During the July Revolution, the Awami League regime was overthrown (Nowsher, 2024).Still, the misuse of police powers and practices was particularly evident during the July Revolution of 2024, when law enforcement agencies, especially police, engaged in widespread human rights violations, including arbitrary arrests, torture, extrajudicial killing, and suppression of peaceful protests. Between August 13th and August 28th, 2024, 94 police officers in 302 cases were accused of brutality and misconduct during the July Revolution (Antara, 2024).
The police force’s notorious role in the uprising was undeniable, as hundreds of people lost their lives, many due to the heavy-handed tactics of law enforcement, intensifying public outrage and distrust (United Nations Development Programme, 2023). However, this cannot be regarded as something new, as for years, Bangladesh’s police force has been seen as an arm of political repression rather than a protector of the public (United Nations Development Programme, 2023).
This system has long prioritised control over community engagement, thus fostering an environment of systemic dysfunction and division. Allegations of extrajudicial killings, enforced disappearances, and arbitrary arrests have steadily eroded public trust. The extent of their wrongdoing is both substantial and disturbing (Chowdhury, 2024). The police, whose duty is to serve and protect, have frequently been seen as advancing a limited political agenda, often at the cost of human rights and justice, which is a harsh reality that Bangladesh can no longer ignore. The events of July and August have made it clear that the current state of the police force cannot continue, and reformation is required (United Nations Development Programme, 2023).
Exploring the Underlying Factors of Police Misconduct: Root Cause
Earlier, sources attributed the police force’s lack of professionalism to manpower shortages, budget constraints, and infrastructural limitations. However, this perspective has shifted over the past 15 years (Hasan, 2024). During the 15-year tenure of the Awami League, promotions within the police force predominantly benefited high-ranking officials with close ties to those in power, resulting in the neglect of lower-tier officers, according to experts at a dialogue organised by the Centre for Governance Studies (CGS) (Staff Correspondent, 2024b).
During this period, 83,070 new police positions were created, including 178 high-ranking posts for BCS officers, with the majority of 120,000 recruits appointed based on political considerations, bringing the police force’s manpower to approximately 213,000 as of last November (Staff Correspondent, 2024b). Between 2009 and 2024, police headquarters exhibited disproportionate promotion rates, with Deputy Inspector General positions increasing by 200 percent, Additional DIG by 491 percent, and Additional Superintendent by 332 percent, while constable promotions only increased 32 percent, and sub-inspectors just over 100 percent (Staff Correspondent, 2024b). This disproportionate promotion practice fosters a lack of accountability and creates a power imbalance, leading to potential misconduct among lower-tier officers.
The revolution’s unrest also resulted in police officer fatalities, highlighting the profound divide between law enforcement and the public they serve. Furthermore, these deaths underscore the cycle of violence and mistrust officers are often caught in, working long hours under high pressure with limited resources and inadequate training, which negatively affects their effectiveness and morale, as noted in the 11-point demand by police personnel in August 2024 (United Nations Development Programme, 2023). These stressful conditions and lack of support can lead to increased frustration and aggression among officers, contributing to misconduct and strained community relations.
After the overthrow of the previous regime, there was a real fear among the police officers that they could become victims of retaliatory violence, since police stations had been set on fire and officers had been brutally killed right after the Awami League regime was toppled (Chowdhury, 2024). The absence of other policemen was attributed to a nationwide duty boycott initiated by the Bangladesh Police, who issued a nine-point demand. It was mentioned how the personal greed, factionalism, and political activities of some police officers disguised by their uniforms have caused innocent and ordinary police members to become targets of intense public resentment while these corrupt officers have managed to evade consequences; they have left the helpless and innocent police members to face the danger (Chowdhury, 2024).
A section of police officials also worked as party activists for personal gains like securing lucrative postings and engaging in rampant corruption, and in doing so, they not only sidelined more competent officials but also marginalised them, replacing them with their loyalists who had formed a detrimental faction (Islam, 2024). Therefore, the aforementioned widespread power given to the police under the law and Statute, together with the elements discussed, might foster an environment where police officers commit offences.
Challenges to Adhere to International Standards and Reformation
The obstacles to aligning police laws and practices with international standards frequently arise from systemic, institutional, political, and societal complexities. In Bangladesh, these challenges are particularly pronounced, with factors such as political interference, antiquated legal frameworks, and inadequate accountability mechanisms severely hindering meaningful reforms.
Over a hundred lawyers from Bangladesh’s apex court have filed a writ petition with the High Court, requesting the formation of an independent commission to investigate crimes allegedly committed by law enforcers (Huda, 2021). The petition cites various crimes including extrajudicial killings, rape, and torture, and argues that internal investigations by law enforcers lack fairness and neutrality, hence the call for an independent Police Complaints Investigation Commission (Huda, 2021). The core issue driving the need for an independent body is the lack of impartiality in internal police investigations.
In Sri Lanka, the revolution led to the ouster of President Gotabaya Rajapaksa, and since the police were overseen by an independent commission, they refrained from using lethal force against protesters (Ethirajan, 2023). This approach helped maintain a level of public trust and prevented the police from becoming targets of public wrath.
In contrast, the revolution in Bangladesh saw the ouster of Prime Minister Sheikh Hasina after weeks of violent protests. The police, lacking an independent oversight body, were heavily involved in suppressing the protests, leading to significant casualties and public resentment. The absence of an independent commission in Bangladesh contributed to a more partisan and repressive police force, exacerbating the violence and mistrust between law enforcement and the public. Therefore, not having an independent body is one of the most significant challenges.
The UK has the Independent Office for Police Conduct (IOPC), which investigates complaints against police misconduct, ensuring accountability (Independent Office for Police Conduct, 2025). In Canada, civilian oversight agencies review police actions to maintain public trust (Canadian Civil Liberties Association, 2025). Many European countries mandate comprehensive human rights education for police officers, ensuring they are well-versed in lawful and ethical conduct (Organization for Security and Co-operation in Europe, 2008). Body-worn cameras and publicly accessible reports on police operations in countries like Australia promote transparency and deter misconduct (Davies, 2023). This is not the case in Bangladesh, which is why the country is lagging behind and encountering numerous challenges.
The police reforms commission has put forward recommendations. However, progress has been hindered by diverging interests and an absence of unified backing from essential stakeholders (Rahman, 2025). The interim government provides a rare chance to push for reforms; however, without decisive political determination and a solid legal foundation, establishing an independent police commission remains doubtful (Rahman, 2025).
Furthermore, the Ministry of Home Affairs has expressed opposition to creating an independent police commission in Bangladesh, asserting that the existing colonial-era statutes, including the Police Act of 1861 and the Code of Criminal Procedure 1898, are adequate to uphold police accountability if implemented correctly (Islam, 2025). This perspective diverges from the proposals of the Police Reform Commission, which emphasises the necessity of substantial changes to improve openness and ensure greater accountability within the law enforcement system.
Conclusion
“True reform begins when we prioritise service over control and trust over fear” (Staff Correspondent, 2024b). Police reform is crucial to addressing deep-rooted systemic issues that undermine its integrity and effectiveness (Rahman, 2024). The July 2024 revolution underscored the deep-rooted flaws within Bangladesh’s police system, as unchecked misuse of power led to grave human rights violations. This pivotal event emphasised the urgent necessity for reform, aligning law enforcement practices with democratic and international standards.
Bibliography
Akanda, A. (2014, November 8). Will police reform programme be effective? The Daily Star. https://www.thedailystar.net/will-police-reform-programme-be-effective-49232.
Amnesty International. (2023). Bangladesh: Human Rights in Decline.
Antara, N. F. (2024, September 4). 302 cases filed against 94 police officers for brutality during July revolution. Dhaka Tribune. https://www.dhakatribune.com/bangladesh/357252/302-cases-filed-against-94-police-officers-for.
Canadian Civil Liberties Association. (2025). Who polices the police? Civilian police oversight in Canada. https://ccla.org/get-informed/talk-rights/who-polices-the-police-civilian-police-oversight-in-canada/.
Chowdhury, M. (2024, August 12). Critical steps to reform police. NEWAGE BD. https://www.newagebd.net/post/opinion/242318/critical-steps-to-reform-police.
Chowdhury, Z. (2024, August 7). Police nowhere to be found, reform within the force sought. The Business Standard. https://www.tbsnews.net/bangladesh/law-order/police-nowhere-be-found-reform-within-force-sought-911156.
Davies, A. (2023). Through an Australian lens: Exploring the impact of body-worn cameras on police–community relations. Policing: A Journal of Policy and Practice, 17. https://doi.org/10.1093/police/paac065.
Ethirajan, A. (2023, July 9). Sri Lanka: The fate of a protest that toppled a president. BBC News. https://www.bbc.com/news/world-asia-66129947.
Hasan, M. (2024, September 30). Police in disarray, need massive reforms. Prothom Alo. https://en.prothomalo.com/bangladesh/qhr8kjkfkf.
Huda, M. N. (2021, March 4). The case for an independent Police Complaints Investigation Commission. The Daily Star. https://www.thedailystar.net/opinion/straight-line/news/the-case-independent-police-complaints-investigation-commission-2054389.
Independent Office for Police Conduct. (2025). About us. https://www.policeconduct.gov.uk/about-us.
Islam, M. M., & Rahman, M. H. (2018). The promise and challenges of community policing in Bangladesh. SSRN. https://doi.org/10.2139/ssrn.4761426.
Islam, M. (2023). Constitutional Law of Bangladesh (3rd ed.). Dhaka: Mullick Brothers.
Islam, S. (2024, October 4). Police reform: Freedom from political control is the goal. The Daily Star. https://www.thedailystar.net/news/bangladesh/news/police-reform-freedom-political-control-the-goal-3719381.
Islam, S. (2025, March 3). Home opposes idea of police commission. The Daily Star. https://www.thedailystar.net/news/bangladesh/news/home-opposes-idea-police-commission-3838136.
Ministry of Home Affairs. (2013). Demands for grants and appropriations 2012-13: Grants No. 19-22 – Ministry of Home Affairs. Wayback Machine.
Nowsher, N. (2024, August 17). Awami League: From progressive politics to fascism. The Daily Star. https://www.thedailystar.net/opinion/views/news/awami-league-progressive-politics-fascism-3679516.
Organization for Security and Co-operation in Europe. (2008). Guidebook on democratic policing.
Rahman, M. M. (2024, October 26). Reforming the police. NEWAGE BD. https://www.newagebd.net/post/opinion/248647/reforming-the-police.
Rahman, M. M. (2025, February 24). Independent police commission: A bleak prospect. NEWAGE BD. https://www.newagebd.net/post/opinion/258597/independent-police-commission-a-bleak-prospect.
Police reform: Changing 150-year-old law will be top priority. (2024a, October 7). The Daily Star. https://www.thedailystar.net/law-our-rights/law-reform/news/police-reform-changing-150-yr-old-law-will-be-top-priority-3721311.
Political will key to police reforms. (2024b, December 22). The Daily Star. https://images.thedailystar.net/news/bangladesh/news/political-will-key-police-reforms-3781886.
Uddin, M. K. (2018). A southern perspective on extrajudicial police killings in Bangladesh. In: Carrington, K., Hogg, R., Scott, J., Sozzo, M. (eds) The Palgrave Handbook of Criminology and the Global South. Springer.
United Nations Development Programme. (2023). Why police transformation is critical for Bangladesh. https://www.undp.org/bangladesh/blog/why-police-transformation-critical-bangladesh-0.
U.S. Department of State. (2022). 2022 Country Reports on Human Rights Practices: Bangladesh. https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/bangladesh/.
