Case Explained: Can the police beat people at every little provocation? – Legal Perspective

Article 35(5) of the Bangladesh Constitution states that no person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment.

Articles 2(1) and 4 of the United Nations Convention consider torture, cruel, inhuman, and degrading treatment and punishment crimes and call for legislation against them in their respective countries.

Based on this, the “Torture and Custodial Death (Prevention) Act, 2013” was enacted. Section 5 of this act gives the aggrieved person the right to apply to the court if they believe a fair investigation is impossible through the police.

Section 21 of the Narcotics Control Act, 2018 allows a competent official to search any public place, transit transport if it is believed that there is supporting evidence for drugs or narcotics-related offences.

The officer must record the reason and can detain and search a person if they believe someone is active in committing narcotics-related offences.

Thus, this law does not grant the right to search anyone at any time.