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Your Guide to Stop and Search at Police Check Posts:

Do you know anyone who has been stopped at a police check post? Do they feel that it was unfair and unnecessary? Did they get into more trouble? It is important that you know your rights as a citizen in Bangladesh as well as know rights of police officers. Here are some Dos and Dont’s at check posts:

DO:

1. Know your rights. If you are a female who need to be searched, know that you have the right (Section 52 of CRPC) to ask for another female officer to search you. If there are no female officers present, they cannot search you.  Furthermore, you may choose to remain silent as a Bangladeshi citizen (Article 34(4) of Bangladesh Constitution).

• Cooperate with Police.  You may politely ask what you are suspected of but remember that according to laws (Section 11 and 12 of Arms Act 1878), police can arrest you under the grounds of suspicion. Furthermore, Section 21 and 22 of Narcotics Control Act 2018 enables the police to stop and search your vehicle if they have reasonable suspicion that you are in possession of drugs and prohibited or controlled substances.

• Be patient until the search is completely finished.

• If you feel that you need help, consult a legal practitioner immediately as every Bangladeshi has the right to be defended by a legal practitioner (Article 33(1) of Bangladesh Constitution).

DON’T:

1. Do not verbally abuse the police officer on duty. It might seem unfair and it can get frustrating but any form of abuse will get you into more trouble. According to Section 186,188 and 189 of the Penal Code 1860, abusing, annoying, obstructing or threatening the police officer in carrying out his public duty may lead to imprisonment of either description. This can lead you to receive up to 2 years of imprisonment.

• Do not physically touch the police officer on duty, as it may lead to imprisonment for up to 3 years (Section 353 of the Penal Code 1860).

If you have followed the guidelines and still feel that your search was unfair or unreliable, please be aware that the police officer on duty cannot do the following:

1. Under the police regulations, they are under the duty not to arrest individuals for unnecessarily for minor issues (section 317a of Police Regulations of Bengal, 1943).

• Use inducement or threats to extract a confession (Section 163 of CRPC). For instance, a police officer cannot forcefully ask you to agree to something.

• Prepare a seizure list unless they found prohibited articles during the search.

• File a corrupted or untrue report (Section 219 of Penal Code 1860). If a public servant presents a report with false evidence during judicial proceedings (report, order, verdict or decision), they may face imprisonment up to seven years or fine or both.

Maya had a boyfriend with whom she was soon to be married. Both families went as far as to fix the day and date of the wedding.

Maya discovers that her soon to be husband has ill intentions and is unfaithful. Consequently, she breaks up with him and calls off the marriage.

It soon transpires, that the boyfriend has circulated a morphed photoshopped image of Maya on social media inbox to his friends. Maya’s face was put in obscene images.

There was also a video on pornographic websites of Maya changing her clothes, which he recorded secretly without her knowing.

She was also asked for an amount of TK 10 lakhs if she wanted the videos to disappear and save her reputation.

If you were Maya what would you do?

Step 1 : Where to complain ?

Nearest Police Station. As the offence is cognizable, complain will be lodged under Section 8(1)  and 8(2) of Pornography Control Act 2012 , Section 29(1) of the Digital Security Act 2018 . This will be deemed as a FIR under S 154 of CRPC 1898, and in colloquial language, it will be the initiation of a “CASE”. The police officer in charge has the power to investigate and make arrests without a court order and warrant. The police officer noting down the complaint must read it out to complainant after it is recorded, in order to ensure that the statement provided is correct. Only after that Maya should sign the FIR.

Step 2: Court proceedings

Police will investigate, submit report to the court. Maya will have to testify at trial and follow up through out the judicial process.

Step 3: Redress

If Maya’s case is proven in a court of law/tribunal, then the accused will be sentenced to

• S8(1) of PCA 2012 -rigorous imprisonment of upto 7 years and upto  Taka 2 lakh fine
• S8(2) of PCA 2012 -rigorous imprisonment of upto 5 years and upto  Taka 2 lakh fine
• S8(2) of PCA 2012 – rigorous imprisonment of upto 5 years and upto  Taka 2 lakh fine
• S29(1) of Digital Security act 2018 3 years imprisonment or upto 5 lakh Taka Fine or Both

Mina, a mother of two, just like every other mother wants to provide the best of everything to her children – her world. Mina’s son is 5 years old and her daughter is a beautiful baby of 6 months.

One dreadful evening Mina finds out that both her children have fallen ill. Both are suffering from food poisoning. The last thing she could remember was, her son was having  Star Chips while her daughter was fed with baby food formula.  Mina being extremely hygienic always ensures that her children consume food in a clean environment. She was wondering where things went wrong.

She discovers that the chips she had bought was recently banned by the High Court, but still the supershop sold it to her regardless. Secondly, the expiry date on the food formula was missing from the packaging and there was no seal of the importer. Trodden with guilt, Mina wants to know what can she do to prevent other mothers from suffering the same fate.

Have we all not faced such a similar problem? What have we done? Nothing.

This is what we can do- Consumer’s Right Protection Act 2009

What Rights do consumer have ?

According to the UN

1. Right to Basic Needs
2. Right to Safety
3. Right of Information
4. Right to Choose
5. Right to Representation
6. Right to Redress
7. Right to Consumer Education
8. Right to Healthy Environment

Who can be a Complainant?

According to Section 2(3) of the Consumers’ Right Protection Act 2009, the following persons can file a complaint to the Directorate of National Consumer Rights Protection:

(a) any consumer;

(b) one or more consumers having same interest;

(c) any consumer association registered under any Act;

(d) the National Consumers’ Right Protection Council or any officer authorised to file any complaint on its behalf;

(e) the Government, or any Government officer authorised by the Government in this behalf; or (f) the concerned wholesaler and retailer. 

Procedure to lodge a complaint:

• Must be in a written form along with personal details;
• Through fax or e-mails or any other electronic media;
• Must provide the receipt of the product;

Where to complain?

Dhaka: Director General, Directorate of National Consumer Rights Protection, 1 Karwan Bazar (TCB Bhaban-8th Floor), Dhaka.

National Consumer Complaint Center, 1 Karwan Bazar (TCB Bhaban-9th Floor), Phone: 01777753668, Email: nccc@dncrp.gov.bd.

Chittagong: Deputy Director, Chittagong Divisional Office, Directorate of National Consumer Rights Protection, TCB Bhaban, Bandartila, Chittagong.

Barishal: Deputy Director, Khulna Divisional Office, Directorate of National Consumer Rights Protection, Mohila Club Bhaban, Barishal.

Rajshahi: Deputy Director, Rajshahi Divisional Office, Directorate of National Consumer Rights Protection, Srirampur, Rajshahi.

Sylhet: Deputy Director, Sylhet Divisional Office, Directorate of National Consumer Rights Protection, Divisional Commissioner’s Office, Sylhet.

Khulna: Deputy Director, Khulna Divisional Office, Directorate of National Consumer Rights Protection, TCB Bhaban, Shivbari More, Khulna.

Rangpur: Deputy Director, Rangpur Divisional Office, Directorate of National Consumer Rights Protection, New Engineer Para, Rangpur.

Redress:

Section 23. Power of investigation of the Director General or any other officer.

(1) The Director General shall have the same power for the investigation of an offence under this Act as an officer-in-charge of a police station.

Section 28. DG has power to ask for lawful assistance from any law enforcement agency like Police,RAB etc.

In the event where the packaging does not include the pricing or expiry date of the product, the alleged can be fined up to TK 50000 and/or be imprisoned up to one year.

Where one knowingly sells or attempts to sell adulterated products, he/she can face up to three years of imprisonment or be fined up to 2 lacs or both.

Extra Information

Consumers also have their rights protected under Pure Food Ordinance 1959, The Essential Commodity Act 1956 and the Penal Code 1860.

YOUR ADVOCATES: Mariha Zaman Khan, Tahsin Noor Salim and Faran Md Aaraf

“I know, right?” is a legal blog initiative by London College of Legal Studies South (LCLSS) and Female Empowerment Movement (FEM) in Bangladesh. The main aim of the blog is to raise awareness about rights and laws that will protect citizens of Bangladesh.

A typical blog format would include a relatable problem- story, followed by current laws in Bangladesh as possible solutions, and contact information on how to seek justice or advice for the problem.

LCLSS provides legal team and encourages community engagement within law students in the “I know, right?” campaign while FEM helps execute and spread awareness.

Get to Know the “I know, right?” Legal Team from LCLS (South) :

Mariha Zaman Khan

Mariha is the principal academic guidance tutor, lecturer and student counsellor at LCLS South. She is every student’s favourite “Mariha Miss”, and meets deadlines with quick snaps of her fingers. While doing so, she is always ready with her (sometimes invisible) cape to make sure you know your laws as she is an Advocate (Dhaka District and Sessions Judges Court,2018), A barrister (Lincoln’s Inn, 2014). Mariha believes one should work hard, and play harder so she is a self proclaimed DJ who loves playing good (debatable) music.

Tahsin Noor Salim

Tahsin is a lecturer, academic guidance tutor and programme team member in LCLS South. When Tahsin is not actively researching on case studies, she is an Advocate (Dhaka District and Session Judges Court,2018), a Barrister (Lincoln’s Inn, 2016) and an accredited civil and commercial mediator (ADR, UK, 2016). She also received her LLM in Commercial Law from University of Derby in 2019. Although Tahsin is fully equipped to fight for your rights, she is an introvert who talks in her sleep.

Faran Md Aaraf

Faran is a lecturer, academic guidance tutor, and a programme team member at LCLS South. Faran is a walking-talking Encyclopedia, with his varied knowledge and professional qualifications as an accredited civil and commercial mediator and barrister (Lincoln’s Inn, 2017). He also has a LLM in Maritime Law (BSMRMU, 2019). Faran’s wide knowledge about laws and cases in Bangladesh stuns everyone he has interacted with. When Faran is not inhaling knowledge on legal rights, he loves playing PUBG despite his wife’s objection to the game.