Preventive Detention & Section 54 of the Code of Criminal Procedure: The Violation of Human Rights in Bangladesh

Md. Jakir Hossain
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Md. Jakir Hossain: Lecturer of Law, Pundra University of Science & Technology, Gokul, Rangpur Road, Bogura

International Journal of Research and Innovation in Social Science, 2025, vol. 9, issue 1, 4751-4765

Abstract: Preventive detention is the most debatable issues of law in our country. Preventive detention means detention of a person without trial and without conviction by a court, but merely on suspicion in the minds of the executive authority. The violation of human rights has started from very beginning of our civilization. Violation of human rights through preventive detention has become a part of the culture all over the world, especially in the third world countries. It is sorry to mention that Bangladesh is one of them. In my paper discussion, the researcher wants to highlight its definition, history, its nature and justification, our constitutional safeguards and some recommendations to protect the human rights violation through preventive detention. In this paper, the researcher would like to show how the preventive detention infringes the human rights i.e. rights of a person and liberty of a citizen is violated due to misapplication of preventive detention in B Bangladesh and to what extent such right is violated, drawbacks of preventive detention, validity of the preventive detention and finally ways / recommendations to stop the misuses of preventive detention in order to protect personal liberty from invasion, which is the basic human rights of citizens. The researcher also examines social necessity of the law of the preventive detention for our country. Preventive detention should be used sparingly only in exceptional circumstances.

Date: 2025
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