“Procedural Safeguards and Rights Available to the Accused During Criminal Proceedings: An Analysis in the Context of Bangladesh”

Abstract

This article analyses the procedural safeguards and rights available to the accused in criminal proceedings in Bangladesh, assessing their conformity with constitutional provisions and worldwide human rights norms. The research emphasizes the legal framework supporting these rights, encompassing the Constitution of Bangladesh, the Code of Criminal Procedure, and pertinent precedents from courts. Essential safeguards, including the presumption of innocence, the right to legal counsel, defense from self-incrimination, especially the rights to a fair trial, are rigorously examined. The exploration includes challenges in actual execution, such as systematic delays, insufficient access to legal help, and occurrences of custodial mistreatment. The analysis examines the functions of law enforcement, the court, and legal aid institutions in safeguarding these rights, pinpointing deficiencies and suggesting improvements to enhance procedural justice. The research highlights the necessity of strong procedural safeguards to guarantee due process and enhance public trust in Bangladesh's criminal justice system. The investigation highlights significant deficiencies in the criminal justice system, such as excessive dependence on prison confessions, insufficient oversight mechanisms, and a lack of information among the accused regarding their rights. These inadequacies lead to extended pre-trial imprisonment, injustices, and violations of fundamental human rights. The document emphasizes the significance of judicial interpretation and the advocacy efforts of non-governmental organizations in enhancing procedural safeguards. The conclusion of the article includes a number of recommendations for improving the protection afforded to those who have been accused. These suggestions include the implementation of contemporary investigation methods, the enhancement of transparency in the judicial procedures, and the promotion of legal education in order to promote knowledge amongst citizens and law enforcement agencies. In order to defend the rule of law, protect individual liberties, and guarantee justice within Bangladesh's ever-evolving legal framework, it is very necessary to enhance procedural safeguards.