A Critical Review on the Role of Police in Ensuring Justice Under the Criminal Justice System

A Critical Review on the Role of Police in Ensuring Justice Under the Criminal Justice System

Most. Sweety Khatun¹, Sanjita Mostufa Suma²

¹Lecturer, Department of Development Studies, North East University, Bangladesh

²Lecturer, Department of Sociology, German University, Bangladesh

DOI: https://dx.doi.org/10.47772/IJRISS.2024.8110190

Received: 29 October 2024; Revised: 11 November 2024; Accepted: 13 November 2024; Published: 17 December 2024

ABSTRACT

In criminology, the role of police is crucial. Because the primary responsibility of law enforcement is to apprehend offenders and hold them until the end of the trial to deter crime, police are legally permitted to enforce public and social order through force and other forms of coercion. Since criminology and crime are fundamental subjects for law enforcement, criminology divisions for police are found in practically every nation in world. Additionally, police receive manual training in criminology. An honest, sincere, and proficient police force can indeed guarantee a social stability. This paper provides an apparent understanding of the role of the Police in ensuring the criminal justice system in Bangladesh. A literature review is included in related books, articles, journals, newspapers, etc., to gather information for this research. Based on the specific objectives, an interview process was conducted. Actually, both primary and secondary data have been collected. Primary data was collected from some police constables and officers, and secondary data was collected from books, articles, journals, and the internet. This paper attempts to conduct a historical and analytical analysis through the objectives. Finally, this study makes a statement and offers suggestions for improving police officers’ understanding of criminology and reforming Bangladesh’s police force. Police personnel can refer to this article for strategic guidance.

Keywords: Police, Crime, Criminology, and Justice.

INTRODUCTION

The police serve as the principal law enforcement agency in Bangladesh. It is primarily administered by the Ministry of Home Affairs of Bangladesh. The Bangladesh police are essential for upholding peace and order throughout the state. Police mainly focus on preserving law and order while safeguarding public life and property; they are the foremost institution responsible for upholding the rule of law and human rights. It is pivotal to elevating itself to a level that honors its fundamental service role rather than coercion, committed to ensuring service delivery, accommodating community desires, and upholding social justice. It aims to monitor individuals’ involvement in Police and seek improved service, enhanced value, and superior management. A new framework will be established based on information and communication technology, skill proficiency, knowledge-driven initiatives, and community cooperation, utilizing a cascading change model to facilitate transparent interactions between law enforcement and the public. This branch is developing new structures and policies for law enforcement, which is beneficial for addressing crime and social disturbance.

In this sense, Police are used to following social, political, cultural, and economic systems. Moreover, in contemporary society, police constitute an integral component of the domestic government and serve as a vital agency within the criminal justice system. This study has shown a correlation between social complexity and legal evolution. It examines creative approaches, service visibility, and the service’s benefit to the community.

Operational Definition of Key Concept

Police: The Police is a contingent of police officers that primarily embodies the civil authority of the government. They are primarily tasked with upholding public order and safety, enforcing legal statutes, and preventing and investigating illegal actions.

Crime: Crime means violating social rules or societal behavior that is usually deemed socially harmful or dangerous and expressly prohibited and punishable under criminal law.

Justice: Actually, justice consists of a system of understanding and procedures through which, in accordance with what is agreed upon as fair, it’s a one-kind synthesis of political values.

Statement of the Problem

Nowadays, we have seen that Police are usually conscious of their basic role in ensuring the law. A number of former police officers, advocates, and judges are actively putting their valuable opinions in different newspapers, mainly talking about the problems of police and making recommendations to reform the Police. In this positivity, the researchers hope they will get professional and enthusiastic police.

In Bangladesh, the police force is beset with so many problems. Firstly, the structure of the Police. British authorities instituted the fundamental framework of Police. The elite class enacted the laws on activities and issues. The necessary structure and regulations are examined in a comprehensive review. Secondly, most police officers are lower-ranking. Like constables, Nayeks, and low-ranking officers, they don’t get an enough education on intellectual attainments. Thirdly, their service system means the majority of police don’t get the proper training; that’s why they think they are not the servants of the Republic. It necessitates that individuals receive appropriate service. Fourthly, Police frequently prioritize the interests of their high-ranking officials, such as government personnel and political figures, over their role in service delivery. Fifthly, dissatisfaction with their salary system. Mainly, the police constables are dissatisfied with their salaries. If we observe the scenery, we can see the working hours of the constable are 13 to 18 hours, which is the almost double in Bangladesh curriculum. These working hours are similar to those of other police officers; however, they do not receive additional compensation from the government for this labor. Sixthly, recent brutality and corruption are another reason for the Police. Generally, some of the Police are not doing their duty correctly; on the other hand, in the meantime, some of them are abusing their power. Apart from all this, politics and high official authority are also reasons for brutality. So, the researcher wants to solve this problem by creating awareness among the people. The government must take the necessary steps to solve this problem. The main overviews of this research focus on the role of the Police in ensuring justice under the criminal justice system in Bangladesh.

LITERATURE REVIEW

To prepare this paper, the researcher reviewed numerous publications, including books, papers, and journals, primarily concerning the function of the Police in upholding the judicial system in Bangladesh. Police are tasked with upholding public order and safety, enforcing laws, and preventing and detecting illegal activities, collectively called policing. We know that the primary duty of policy is to arrest criminals and conduct them until the conclusion of the trial. Police can legally use their force anytime and anywhere to execute the social order. So, from this point of view, it is clear that in Bangladesh, police and their functions are very important in the criminal justice system. Because they have the power to use their force, which is legally authorized, and the other meaning is to coerce executive, public, and the social order.

Objectives of the Research

The main objective of criminal justice is to punish people for their wrong activities with a penalty, intending to prevent people from engaging in any wrongdoing.

The objective is to ascertain the primary reason the criminal justice system remains unresolved or unguaranteed, despite the capacity to implement a consistent judicial framework. We have a lot of things to suppress crime, such as the law, administrative bodies, legislative bodies, executive committees, judiciary systems, etc. Moreover, we saw that certain aspects of the criminal justice system are not adequately enforced, contributing to the daily rise in crime rates. So, the study aims to seek out the reason behind the incapability and what practical actions may reduce crime.

The following are the main objectives of this study:

• To find out the contribution of the Police to the criminal justice system.
• To analyze the role of police from Bangladesh’s perspective.
• To point out some suggestions and recommendations to reform the failures.

Rationale of the Study

We have heard the term “honesty is the best policy.” But in our society, finding an honest man is difficult. Everyone is unhappy with their position, and just because of this, their limitations on what they want are not enough. That’s why they belong with their criminal mentality. Whenever he or she gets a chance or needs to take advantage of the benefits, he or she just uses this mentality and commits such crimes. As a result, criminal justice is to be adjudicated. Now, we are living in a developing country. There is no justice where the social, cultural, economic, and political sectors are full of crimes. In our country, the criminal justice system is theoretical, but practically, it suffers from lots of inequality and disability. We know that the violation of a crime is so painful and unbearable to a person. Though our justice system has all the responsibilities to take the necessary steps to prevent the crime in our society as well as in Bangladesh, the rationale of the study is to bring out the reasons to find out the failure of criminal justice through the Police and seek proper justice and the steps that may reasonably detect or suppress its inequality and disabilities.

METHODOLOGY

To prepare this research, the researcher follow qualitative method includes a review of literature, reading some principles of documents and journals, reading some law-related books, the DLR, periodicals, and precedence concerns with the criminal justice system.

This research work also includes case studies, data collection, the concern of cases that are instituted and disposed of every year, and interviewing such lawyers, law-related officers, and judges. The primary data was collected through the interview method, and in this phenomenon, the respondents are lawyers, officers, and judges. On the other hand, based on convenience and, in some cases, the needs of work such as using a website, visiting a library, reading articles, and reading newspapers could also be carried out. Most importantly, this research work is a combination of description and abilities.

Lastly, about methodology, the study will adopt two approaches. Such as,

• Historical approaches and
• Analytical approaches

Limitations of the Research

The researcher faced some limitations in conducting this research. The following are the significant limitations of this research:

• The researcher did not get any information based on the data related to this research issue.
• Some individuals failed to contribute to the collection of accurate information.
• Some people are not capable of answering the question and fail to understand it. Such questions are also based on interpretation.
• To prepare this study, the researcher relied mostly on secondary sources, especially the Internet.
• After visiting the library, the researcher saw that there is a lack of police-related books, which is connected to these police issues.

Additionally, this investigation was subject to a time constraint compared to the others

DISCUSSION

Role of Police from the perspective of Bangladesh: Police are one of the most important organizations in our society and our country. They have lots of duties and responsibilities towards the citizens. Whatever the bad situation happens, people depend on the policeman. In times of danger, crisis, or adversity, when a citizen is uncertain about how to proceed or whom to consult, the police station and its officers are the sole appropriate authorities to approach. The Police can be the most accessible and interactive organization in any society. The Police have basic roles, functions, and duties that are beneficial to the general public. Their two main roles in society for citizens are law and order. However, their roles, duties, responsibilities, and functions hold significant importance for everyone involved.

Functions and Responsibilities of Police in General

The fundamental responsibilities of the Police are:

• To uphold the law and safeguard life, liberty, property, and human rights cordially.
• To preserve and value public order.
• To protect different kinds of security systems and their internal security. On the other hand, try to control terrorist attacks and prevent communal harmony.
• To safeguard public assets like highways, railways, bridges, and institutions against any form of violence and assault.
• To prevent crimes, try to make some new rules based on their own actions, which will help reduce the opportunities for criminals to commit their crimes.
• They must precisely document all grievances received by their representative via mail, email, or any other method. And after that, take some necessary steps based on their follow-up action. Then, ensure that they keep at least one copy of the complaint’s receipt.
• To make a report file for complaints in a proper way.
• To prevent crimes, ensure security for all people, and break the barriers of inequality and discrimination.
• To offer a variety of positive perspectives in the aftermath of natural or man-made disasters.
• To protect people from distress situations like the danger of physical harm.
• To control the traffic system on roads and highways.
• Training people can motivate the public and ensure their welfare in general.

Social Responsibilities of Police

The Police have certain social responsibilities. Such as,

• Be gentle with all of the public, especially with their senior officer and women and children in the public sector.
• Effectively direct and support individuals, including senior officers, women, children, and those with physical or mental disabilities, who are in vulnerable situations, such as on the streets and in public areas.
• Provide all essential support to crime victims, particularly in traffic accidents, including seeking medical assistance and ensuring access to medical services.
• Ensure safety in all situations, such as conflicts between elite classes, communities, castes, political groups, etc., and the conduct of Police by governing principles of impartiality and human rights norms.
• Promote a favorable environment for women and children, specifically by preventing harassment in public spaces such as transportation.
• Give of the entire needful, necessary requisite for women, children, and the poor indignant person.
• Protect human rights and give value to lower-class people in our society.

Function of Police in Relation to the Criminal Justice System

Police play a more significant role in society and the nation. If they fulfill their responsibilities adequately, the crime can be mitigated. The Indian Police Act of 1861 governs the Police and establishes the foundations of police organization. The state police forces differ in funding and equipment, despite exhibiting similar patterns and actions. The investigation procedure for crimes is governed by the Criminal Procedure Code of 1973. Initially, it was noted that the Police have numerous responsibilities, including the obligation to take appropriate action upon witnessing sexual acts against women. They must assist the victim and gather accurate facts through a thorough and impartial investigation of the crime in question. In the state case, the victim seeks equitable resolution or justice since it provides a form of satisfaction. It is imperative for the Police to establish a positive rapport with the victim through just proceedings. To achieve equitable justice, law enforcement must visit the precise place and meticulously gather evidence for the inquiry, as they have the responsibility of substantiating their case against the accused individual. Various punitive measures and criminal justice systems exist, including reformative, retributive, deterrent, and remedial approaches. However, the criminal justice system is predicated on the nature of the crime, which is subsequently revealed through investigation. In severe instances of egregious crimes, offenders are frequently subjected to the ‘iron fist law,’ which subsequently deters prospective criminals and diminishes the occurrence of offenses. Consequently, in a heinous crime such as the Nirbhaya gang rape, the court must expedite the justice system by conducting a trial in a fast-track court. This type of crime is exceedingly rare and clearly warrants severe punishment, as it can serve as a deterrent for others. Upon witnessing this punishment, offenders may comprehend the gravity of their actions and develop a fear of committing such heinous crimes. This punishment should serve as a deterrent to other criminals. Police’s responsibility extends beyond only punishing the guilty; it also encompasses the identification of the true perpetrator and the exoneration of the innocent, as instances arise where the actual victim asserts their innocence. The law would entail both corrective and retributive measures, but under exceptional circumstances, immediate justice is necessitated when reformation is unattainable. Ultimately, it is the primary job and responsibility of the Police to prevent crime, combat criminal activity, manage hazardous situations, preserve peace, and protect public order.

Criminal Justice System in Bangladesh

To understand the real criminal justice system, the researcher has used three components. They are crime, criminal justice, and criminal justice systems.

Crime: Crime denotes an act that constitutes an offense subject to prosecution by the state and penalized under the law. Laws prohibit crime due to its harmful effects on our morality and ethics. It also negatively impacts the public welfare. When we examine the definition of crime in its contemporary context, it becomes evident that there is no universally accepted definition of crime. However, we also refer to the definition of crime as a criminal offense.

Crime is defined as an act or omission that results in an offense that the state can punish and has legal ramifications. “Any action or instance of negligence that is considered injurious to the public welfare, morals, or state interests and that is prohibited by law” constitutes an offense. Such behavior is prohibited and illegal. The notion that some behaviors, such as rape, murder, and theft, are wrong exists everywhere and most likely stems from a shared moral foundation. Every nation’s criminal code defines what exactly constitutes a crime. While many countries have comprehensive legislation known as the criminal code that lists all crimes committed, certain common law nations do not have one.

If someone commits a crime, the state (government) has the authority to severely restrict their freedom. As a result, in contemporary countries, the investigation and trial processes must follow a criminal procedure. The culprit may only get a punishment, such as a community sentence, incarceration, life in prison, or, in certain cases, even death if proven guilty. With a few exceptions (strict liability), the act of doing something wrong must typically be followed by the intention to do something wrong in order for it to be considered a crime. Although breaking the law is always wrong, not all legal infractions are crimes. Torts and breaches of the contract exemplify private law infractions that may not always incur state penalties but can be enforced through civil proceedings. It is independent of the substance of conduct or omission to determine if it is criminal. If an act or omission has the potential to result in what are known as criminal proceedings, it is considered criminal.

Crime, then, is defined as an illegal conduct or omission from an act that a person is obligated to perform but chooses to act upon or not act upon.

Criminal: The word “criminal” first appeared in the fifteenth century, originating from the Late Latin term criminals. In its literal sense, the word refers to a criminal. A criminal is an individual who has violated any legal responsibility or whose duty it was to do so or who has acted or refrained from acting in a way that would have fulfilled that obligation. Criminal, then, denotes that the one who committed the crime is also criminal.

Criminal Justice System

The comprehensive procedure involving the investigation of criminal behavior, execution of arrests, collection of the evidence, presentation of charges, formulation of defenses, conduct of trials, imposition of sentences, and enforcement of punishment is generally termed the criminal justice system. It also refers to the legal system, the bar, the courts, probation, and corrections that are directly involved in the detention, prosecution, defense, sentencing, and monitoring of people who are accused or suspected of committing crimes. Three basic components make up the criminal justice system: (1) legislative (making laws), (2) adjudication (courts), and (3) correctional (jails, prisons, probation, and parole). These various organizations collaborate within the criminal justice system to uphold the rule of law in society and to operate both under and above the law. The organizations and procedures that were developed make up the criminal justice system.

System Law enforcement: Prosecution, defense counsel, courts, and prisons are the five main components of most criminal justice systems, and each is essential to the criminal justice process. The criminal justice system, legal profession, judiciary, corrections, and probation directly influence the apprehension, prosecution, defense, sentence, incarceration, and monitoring of individuals accused of or charged with criminal offenses.

Law enforcement: Law enforcement officials collect reports of crimes committed in their jurisdictions. Officers collect, preserve, and look into offenses. Law enforcement officials have the authority to make arrests, provide testimony in court, and, if necessary, carry out follow-up investigations.

Prosecution: Throughout the legal process, from the accused’s initial court appearance until their acquittal or sentencing, prosecutors are attorneys who work on behalf of the state or federal government (not the victim). In order to determine whether to press charges or dismiss the case, prosecutors examine the evidence that police enforcement has presented to them. In court, prosecutors examine witnesses, present evidence, and determine whether to enter into plea negotiations with defendants at any time after charges have been filed. They are very free to choose how to pursue the case, which gives them a tremendous deal of discretion. Victims can get in touch with the prosecutor’s office to find out which prosecutor is handling their case, let them know whether they have heard from the victim’s defense lawyer, and look for more details regarding the case.

Courts: Judges are responsible for supervising court procedures and ensuring compliance with the law. They make the decision on an offender’s release before going to trial. Judges oversee cases, decide which plea deals to accept or reject, and punish those found guilty.

The Police’s Contribution

In the criminal justice system, Police serve in a multitude of roles. A solid police force and its operations are essential to the functioning of any modern nation’s judicial system. The authorities apprehend suspected criminals and lawbreakers. Police arrest them and bring them before a criminal court in order to stop criminal activities. Police use this procedure to try to stop criminal activity.

Investigating criminal activities is one of the Police’s primary responsibilities. According to various provisions of the Code of Criminal Procedure, law enforcement possesses the authority to investigate criminal cases. Upon completion of their investigation, the Police submit a charge sheet for prosecution or a final report for the accused’s exoneration.

Sections 154 to 176 of the Code of Criminal Procedure confer upon the Police the authority to investigate criminal matters. Upon completion of their investigation, the Police submit a charge sheet for prosecution or a final report for the release of the accused.

A police officer is authorized to verbally interrogate anyone who appears to possess knowledge regarding the facts and circumstances of the case. The power to interrogate police officers is conferred by Sections 61 and 167 of the Code of Criminal Procedure. If an individual is apprehended without a warrant, they must be assessed under Section 61 within 24 hours or, if that is unfeasible, under Section 167 within 15 days. Consequently, it is imperative that the Police fulfill their obligation to investigate the commission’s genuine nature.

One of the most important roles of police is to search and seize. The Code of Criminal Procedure addresses the method and process of search and seizure in sections 96–105. The Police should use fair and reasonable procedures while conducting searches and seizures. This operation may be carried out by Police regardless of a warrant. A police officer can serve as a prosecutor in certain situations. It is the state’s duty to bring the accused before the court in the event of a criminal offense. The public prosecutor handles the case on behalf of the state after Police investigate to identify the true culprit. Working together with the public prosecutor and Police, we can potentially successfully lower crime.

Goals and Purposes of the Criminal Justice System in Bangladesh

The major goals of the criminal justice system and criminal law are to protect innocent people, prevent crimes, punish offenders, control crime, and preserve a reasonable level of social cohesiveness and stability. The criminal justice system is an institutional structure used to implement criminal laws, even though criminal law is generally thought of as an instrument of social control. Criminal law generally refers to the following: substantive standards for classifying crimes and determining their penalties; broad guidelines that serve as the foundation for criminal law practices and standards; and evidence and procedure regulations that govern the application of criminal laws. Conversely, the term “criminal justice system” refers to the institutional component that evokes a wide range of legal entities, such as the Police, prosecutors, courts, defense attorneys, etc., authorities in charge of prisons, as well as a variety of additional support organizations and roles like forensics, surveillance, and investigation. An effective administration of these legal entities’ administrative systems is a prerequisite for the effective application of criminal law. The “crime control model” and the “due process model,” two prominent but opposing models that frequently express the aims and purposes of the criminal justice system, should also be highlighted in order to gain a thorough grasp of the current problems.

The “Crime Control Model” views the control of criminal behavior as the primary role of the legal system, whereas the “Due Process Model” emphasizes the rights of the individual in the criminal adjudication process. The preservation of individual liberty during criminal proceedings and the objective of effective and prompt enforcement of criminal law are thus represented by these models as two distinct value systems in the functioning of the criminal justice system. However, the two models shouldn’t be too close to each other because they don’t accurately reflect reality or the ideal in the criminal process, to the exclusion of the other.

In actuality, they provide a useful tool for comprehending the nuanced principles that underpin criminal law. Nevertheless, the present paper is not equipped to analyze these two theories in detail. Bangladesh’s criminal law is an intricate web of laws, organizations, and unique procedures, customs, and methods. By replacing all earlier customary rules and regulations with the Penal Code of 1860, the groundwork for the current criminal justice system was established. The subcontinent’s unique social customs and common law of crime are both reflected in the Penal Code. The Evidence Act of 1872 and the Criminal Procedure Code of 1898 offer the methods, procedures, and procedural framework needed to apply criminal law. According to the author, the simple proposition of prohibitory standards to be implemented in accordance with a certain method is not sufficient to determine the power and meaning of criminal laws; rather, a more comprehensive collection of processes and underlying factors is necessary. The criminal justice system is a reflection of societal values and factors, of which criminal justice is a crucial component, in addition to formal legal qualities. Social organizations, laws, and practices are examples of informal variables that should be considered in any review of the criminal justice system. As a result, it is important to understand how criminal law functions within the larger social framework that shapes it. In order to comprehend criminal justice, we must take into account both the sociological aspect of crime and criminal legislation. The commonly held values of society are reflected and codified in criminal law. Bangladesh’s criminal justice system is not an anomaly in this regard.

This article’s primary goals are to examine the current status of the criminal justice system in Bangladesh, evaluate recent judicial and legislative developments, and look into systemic issues. How can one evaluate the criminal justice system’s goals and aims regarding how well the laws are implemented or how well the justice system functions? Maybe it would be wise to consider both criteria. Goals and the criminal justice system as a whole should be the primary focus, and one should think about the guiding principles and standards by which the efficiency of the justice delivery system will be continuously and impartially assessed

FINDINGS

The persistent criticism of the Bangladesh Police’s lack of effectiveness in pursuing crimes and the partial and indifferent way in which many investigations are conducted presents one of the biggest prospects for improvement. Increased efficacy and efficiency in this area would greatly improve public trust in law enforcement’s abilities and perceptions in general. Additionally, it would be a major step in the direction of reversing Bangladesh’s rising crime problem.

This component’s goal is to guarantee that professional, prompt, and high-quality police operations and investigations are conducted and that lower court prosecutions fairly represent the results of such investigations. Improvements to police operations, the investigative process, and more successful prosecutions founded on solid evidence and well-prepared briefs are all highly prioritized. By directing the Police away from the current emphasis on “confessions” and toward more professional methods for the use of evidence-based on forensic support and criminal intelligence, the component has a substantial impact on human rights.

The capacity and readiness of the Bangladesh Police to execute thorough and impartial investigations, culminating in lawful and effective resolutions, is crucial for crime control in Bangladesh. An investigation is a search for the truth conducted in the interests of justice and in compliance with legal requirements. Nonetheless, there are numerous obstacles that prevent Police from conducting investigations in an effective and efficient manner in the current setting. Sub-inspectors and inspectors conduct the majority of the investigations. Nevertheless, the cops are compelled to divert their attention from investigations that necessitate their undivided attention in order to yield satisfactory outcomes due to their numerous responsibilities. Constant diversions include things like public order duties, etiquette, VBP protection, and security.

In addition, it is extremely uncommon to received specialized or in-service training, and when it does, it is designed and administered in a way that leaves investigators without information, talents, and skills necessary to properly finish most investigations. The fact that investigating officials are typically limited to conducting inquiries solely within their own Thana complicates local investigations further. An investigator requires more authority and the ability to traverse boundaries because of the considerable mobility of offenders and the fact that witnesses and victims are not restricted to a single Thana. Due to limitations in capacity and resources, as well as restrictive processes and regulations, the Criminal Investigation Department (CID) and Detective Branches offer minimal assistance for investigations conducted at the Thana level, which is where the majority of crimes really take place. The emphasis on investigative expertise must be incorporated into the curricula. At the time of the first report, Police at the Thana level were frequently ill-trained or unwilling to obtain vital information. For instance, a lot of Police consider domestic abuse to be primarily a “family matter” rather than a criminal that needs to be investigated. Numerous individuals distort the recorded facts, facilitating the dismissal of crimes without thorough inquiry by categorizing them as less severe. Others discourage filing reports or simply decline to accept them altogether.

Finally, the quality of several criminal investigations is significantly hindered by the lack of forensic support. In most districts and Thana, limited measurements of performance, case management procedures, periodic oversight and review of unfinished inquiries and minimal continuing administration of the great majority of investigations are the norm rather than the exception. This indicates that despite the extremely high standards, the great majority of investigations are conducted by officers, who are overworked, undertrained, and under-resourced and operate with little accountability. With the current circumstances, bringing the two together is nearly impossible.

Regardless of the method used for assessment, crime is substantially underreported to the Police and occasionally under-recorded when it is. Everyone knows that the community only reports a small percentage of real crimes. Numerous factors were noted and examined as contributing factors, such as the community’s fear of criminals and their allies retaliating against victims, witnesses, and their families, as well as Touts’ intervention. Additionally, the Police consistently discourage reporting and do not support it. In an apparent attempt to minimize the true crime picture and reduce their burden, they also downplay the gravity of crimes and frequently record a lower offense. Furthermore, judgments about policy and planning, like allocating resources to Thana, cannot be made with a high degree of confidence in the absence of this kind of information. Police at the Thana level would also be able to forge closer bonds with the community by giving proactive guidance on crime prevention through the examination of trends and patterns in crime. In conclusion, in the absence of a national identity system and computerized criminal history linked to the fingerprints of all offenders, it is relatively easy for a highly mobile criminal population to alter their names, dates of birth, and places of origin in order to evade detection or appropriate identification. The Police are essentially helpless to stop this from happening.

RECOMMENDATIONS

Maintaining the status quo and upholding social and public order are the goals of the Police Act of 1861. The primary responsibilities of law enforcement are to prevent crime and provide services to the general public. Adhering to the following suggestions will help the Police achieve the primary objectives they have and become more efficient.

• To effectively regulate crime, the government needs to set up a professional police agency.
• A public safety or security commission ought to be constituted, and new police legislation should be enacted.
• To safeguard human rights, provisions pertaining to emergency situations and preventative detention must be modified.
• The judges ought to closely examine the terms of police’s incarceration and questioning during remand.
• The length of the police inquiry ought to be increased responsibly.
• Law enforcement needs to be given right instructions and incentives.
• The government ought to assess police’s performance annually.
• The government or ruling party ought to curtail the overly politicized use of the police force.
• Without delay, enough logistic support should be given to the various police stations.

So, finally, it has been suggested that the government should follow those recommendations for the betterment of the criminal justice system in Bangladesh.

CONCLUSION

The British overlords set up the Bangladeshi police system, which they currently operate. After Bangladesh was established, the government preserved the existing police organization, and we were given a ready-made police force. The Bangladeshi government has taken many steps to reform the police organization, but none of them have resulted in the creation of a professional police force in the nation. The government structure is acutely cognizant of police wrongdoing, encompassing abuse, unlawful detention, torture, and manipulation. They nevertheless work with these abnormal police force. Upon acquiring power, they uphold the police force and utilize it for narrow partisan objectives, notwithstanding the detrimental impact of police actions on opposing party members. In conclusion, it can be stated that the Police, local government agencies, nonprofits, private persons, and the government may all significantly contribute to the establishment of a civil society in which there will be no crime and no instances of inhumane torture of the general public.

REFERENCES

1. See Packer, L. “Herbert, “Dual Frameworks for the Penal Process,” in George F.ole (ed.), Criminal Justice: Law and Politics, 3rd ed., Massachusetts, (1980), pp. 17- 33.
2. Lacey, Nicola, ‘Criminology, Criminal Law and Criminalization,’ in: Mike Maguire(ed.), The Oxford Handbook of Criminology, 2nd ed., (1997), p. 440
3. Samaha, Joel, Criminal Justice, West Publishing Company, (1988), p.15.
4. Ahmad Siddique, Fourth Edition, Criminology: Issues and Views, Eastern Book Company, Lucknow, p. 281.
5. Ahmed Amin Chowdhury, Bangladesh Police: Ultraradical O Babasthapana (in Bengali), Bangladesh Police: Heritage and Administration, pp. 87-94
6. Moazzam Husain, M. (2004). “Police Custody, Custodial Interrogation and Right to Silence: Bangladesh Perspective,” Law and Our Rights page, The Daily Star, October 24, 2004.
7. Samaha, Joel, Criminal Justice, West Publishing Company, (1988), p.34
8. For human rights abuses by the Police, see Section IV. Police Ordinance 2007 Transparency International Bangladesh, Working Paper on Police Stations, March 4, 2004, p.3.
9. The Daily BhorerKagoj, December 21, 2001
10. The Law Dictionary, what is Police, (Last visited: May 29, 2021)
11. The Independence of Bangladesh. “Denying the Spoils of War: The Politics of Invasion and Non-Recognition, by Joseph O’Mahoney, Edinburgh University Press, Edinburgh, 2018, pp.147–180.
12. “Most complaints against police involve harassment and threats,” says Jamal Uddin. Dhaka Tribune, February 17, 2018.
13. Section 161 (1) of the Code of Criminal Procedure, Bangladesh.
14. Section 25 of the Evidence Act, Bangladesh.
15. com/arts/law/criminal-justice-system
16. The ordinance proposes to rename the post of IGP “Chief of Police”