78 years on, British-era laws still rule BD

Nearly eight decades after the end of British colonial rule, Bangladesh’s justice system continues to be shaped by laws inherited from that era.

Despite political independence in 1971 and some amendments over time, key legal frameworks remain largely unchanged, raising concerns among experts about their relevance in addressing modern challenges such as digital crime, human rights, and efficient delivery of justice.

Many of the country’s core laws including The Penal Code, 1860, The Code of Criminal Procedure, 1898, and The Evidence Act, 1872 were originally designed to serve the interests of an imperial power, not a modern democratic country.

While these laws have undergone limited amendments over time, experts argue that they remain fundamentally outdated and increasingly misaligned with contemporary social, technological, and legal realities.

From the absence of effective witness protection to the inability to adequately address digital crimes and human rights concerns, the gaps in the current system are becoming more visible.

Bangladesh’s legal system is deeply rooted in what is often referred to as the “British colonial constitution” , a body of laws introduced first by the British East India Company and later formalized by the British government.

These laws were crafted to consolidate political and administrative control over the subcontinent.

After independence in 1971, Article 149 of the Constitution ensured the continuation of pre-existing laws through the Bangladesh Laws (Revision and Declaration) Act of 1973. As a result, a significant portion of colonial legislation remained in force.

Today, Bangladesh still has 222 laws originating from British India and 147 from the Pakistan era. Some of these date back centuries, including the Wills and Intestacy Regulation of 1799.

Supreme Court lawyer Solaiman Tushar told New Nation, said that many of these inherited laws were designed with repressive intent.

“The British made these laws to serve their interests,” he said, pointing out that legal systems in former colonial powers like the United Kingdom have evolved significantly over time, while Bangladesh has lagged behind.

He said that even traditional common law principles have been reformed elsewhere.

For instance, earlier legal provisions in the UK restricted spouses from testifying against each other in most cases, but those rules have since been updated to reflect modern needs.

Bangladesh, however, has not adequately modernised its core legal framework.
“Times have changed, the pattern of crime has changed, and we are now independent,” Tushar said.

“These laws should be amended in light of today’s context.” He also noted that neighboring India has already taken steps to reform its Criminal Procedure Code, while Bangladesh has yet to undertake similar comprehensive initiatives.

Speaking to New Nation, Supreme Court lawyer Sayeed Ahmed said that colonial laws were primarily designed to maintain control over native populations.
“Society, technology, and values are changing,” he said.

“But many of these old laws fail to address modern challenges like digital crime, human rights protections, and fair governance. Without updates, they can obstruct justice and perpetuate injustice.”

CPC
The Code of Criminal Procedure, originally framed in 1898, also lacks legally binding witness protection mechanisms an essential feature in contemporary justice systems, especially in sensitive cases such as sexual harassment.

Similarly, the Code of Civil Procedure of 1908 is often criticised for its complexity and inefficiency. It outlines a lengthy, multi-stage litigation process without enforcing strict timelines.

Evidence Act, 1872
The Evidence Act of 1872, another cornerstone of the legal system, struggles to keep pace with technological advancements.

Its limitations are particularly evident in the handling of digital evidence, which has become increasingly crucial in modern criminal investigations.

While recent amendments have addressed certain issues such as prohibiting questions about a rape victim’s character experts say broader reforms are still needed.

Legal expert Dipti Shikder told New Nation that simply increasing punishments is not enough to address systemic issues.

“There are many provisions, especially in the Penal Code and the Evidence Act, that need to be amended considering current realities,” she said.

Experts agree that meaningful reform will require strong political commitment. While there have been piecemeal amendments over the years, a comprehensive review of the legal system has yet to be undertaken.

Until then, 78 years on, the shadow of colonial rule continues to linger in Bangladesh’s courts, shaping justice in ways that many believe no longer serve its people.