Staff Reporter :
In a significant move to curb the rising trend of false and harassment-motivated cases, the interim government is set to introduce an amendment to the Code of Criminal Procedure (CrPC).
A new provision titled ‘Section 173(A)’ will be added to the CrPC, allowing early discharge of accused persons if no specific evidence is found during preliminary investigation.
Law Adviser to the government, Dr. Asif Nazrul, disclosed the development while speaking to journalists at the Foreign Service Academy in Dhaka on Sunday.
Dr. Nazrul said, “Often, fabricated cases are filed, and innocent individuals are deliberately included in the list of accused with ulterior motives.
This has led to a rise in case-related harassment and commercial exploitation of the legal system.
To address this issue, consultations have been held with top criminal law experts and the Ministry of Home Affairs, resulting in the decision to amend the CrPC.”
According to the proposed amendment, senior law enforcement officials such as Police Commissioners or District Superintendents of Police (SPs) may, if necessary, request a preliminary report from investigating officers regarding any case under their jurisdiction. This report will then be submitted to the concerned magistrate.
If the magistrate finds, based on the preliminary report, that the case lacks a strong basis or that the majority of the accused (for example, 90 out of 100) have no specific evidence or allegations against them, he or she will be empowered to discharge those individuals from the case.
“The aim of this mechanism is to reduce the number of harassment cases and spare innocent citizens from unnecessary legal trouble,” said Dr. Nazrul.
He added, however, that investigations will continue, and if credible evidence emerges later, the previously discharged individuals may be re-included in the case.
Dr. Asif Nazrul also announced that the United Nations will establish a human rights office in Dhaka, initially for a three-year period. The decision was disclosed during the same media briefing.
He noted that UN High Commissioner for Human Rights Volker Türk had visited Bangladesh and engaged in discussions with the government for quite some time regarding the proposal. “Substantial progress has been made,” he said.
“In today’s meeting of the Advisory Council, the proposal received in-principle approval. A group of advisers will now review the matter in detail and finalise a Memorandum of Understanding (MoU) to be sent to Volker Türk.”
Once the MoU is signed, the UN Human Rights Office will begin operating in Bangladesh. The term may be extended upon mutual agreement between the two parties after the initial three years.
Dr. Nazrul expressed hope that the office will play an independent and significant role alongside the National Human Rights Commission in addressing human rights violations in the country.
Commenting on the recent assault of a woman in Muradnagar, Cumilla, Dr. Nazrul said, “We are deeply shocked by this incident, and the government is treating it with utmost seriousness.” He confirmed that the prime accused, along with others responsible for spreading the video of the incident, have already been arrested.
