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Custodial Death

Bill seeks stern punishment

Staff Correspondent
A private member's bill was placed in parliament for amending the code of criminal procedure, 1898 with introduction of a provision of harsh punishment against perpetrators of custodial violence.
If the law is enacted, an offender might face up to capital punishment for committing such acts.
The proposed legislation aims to check misuse of criminal laws by government departments, particularly law enforcement agencies, and ensure legal protection and justice for people.
Awami League lawmaker Saber Hossain Chowdhury placed the bill, Code of Criminal Procedure (Amendment) Act, 2010 outlining the procedure for enquiry into allegations of torture and death due to torture, and also the trial.
If a person is tortured during investigation of a case and thereafter dies in police or jail custody, the act of torture would
be considered a punishable offence under Penal Code 330 and the death an act of murder under Penal Code 302, the bill proposes.
It says a court trying such offences could order an offender to give compensations to the victim or the person's relatives.
The bill also proposed grilling an accused in jail custody instead of police custody, if cops fail to complete probe within 24 hours of the arrest.
Police have to produce an arrestee before a court within 24 hours of detention and can seek permission to take the accused under police custody for further interrogation.
The bill says if an investigation officer of a case desires to take an accused under police custody for questioning, the court will have the authority to issue an order for interrogating the arrestee in jail custody instead of police custody.
The investigation officer could interrogate the accused in a glass room in the prison so that the relatives and counsels for the accused can see it from outside, the bill says.
In defence of enacting the law, the bill says the constitution guarantees that all citizens are equal before law and entitled to get legal protection. But the constitutional provision has been violated on various occasions because of misuse of law.
The constitutional provision says every person, arrested and held in custody, shall be pro-
duced before the nearest magis-trate'scourtwithin24hours.
But accused are kept in police custody for days without producing them before court, the bill says.
Misuse of power weakens the structure ofthe state. People become helpless and do not enjoy any right, if not protected bylaw, it says.
The bill was sent to the parliamentary standing committee on private members' bills for scrutiny.
Saber also placed another bill for repealing the Lepers Act, 1898 that discriminates against lepers by confining them to an isolated place for treatment. It was sent to the same parliamentary standing committee for scrutiny.