Date of publication:

01/08/2026

Bangladesh

Do domestic laws and policies prescribe the use of alternatives to detention for immigration-related reasons?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Bangladeshi domestic laws and policies provide for alternatives to detention in certain circumstances, through mechanisms such as bail, probation and conditional release, particularly in the criminal justice system and in cases involving vulnerable individuals, first-time offenders, minors, and those involved in minor or non-violent offences including children. These provisions can be applicable to both citizens and non-citizens of the country, including refugees and asylum-seekers. 

The domestic legal framework of the country has not developed any separate setting regarding immigration detention. The cases of immigration detention are considered criminal matters and are dealt with by the existing criminal justice system. In this regard, the Code of Criminal Procedure is the primary procedural law, and it provides the provision of bail and conditional release as an alternative to detention. Moreover, the incidence of probation is governed by the Probation of Offenders Ordinance, 1960 where the option of granting probation for rehabilitation of offenders has been provided. Along with these, some other acts such as the Special Benefit for Women Convicted in Prisons Act, 2006, The Children Act, 2013 contains provision for alternative to detention that could be applicable to both refugees and asylum seekers.  

The Code of Criminal Procedure (CrPC), 1898 which governs criminal proceedings in Bangladesh, contains several provisions that allow for alternatives to detention during both pre-trial and post-conviction. For example, Section 496 entails that bail is a right in cases of bailable offences and allows individuals to be released from detention pending trial by furnishing a bond; Section 497 provides that for non-bailable offences, bail can still be granted at the discretion of the court, particularly if the accused is not likely to flee or tamper with evidence; Section 498 allows the High Court Division or Court of Sessions to grant bail even in non-bailable cases which serves as an alternative to detention in serious cases, subject to judicial discretion. Furthermore, Section 337 allows the court to grant conditional release to certain individuals, especially if they agree to cooperate as witnesses in investigations or trials. 

The Probation of Offenders Ordinance, 1960 provides alternatives to imprisonment in cases where the court believes that an offender can be rehabilitated without being sent to jail. This law relates to criminal matters and is relevant for refugees or asylum seekers who have been convicted or offences or more generally immigration related detention are considered as a criminal matter under the domestic legal framework of the country. The ordinance could be applied to the refugees or asylum seekers for advocating probation for them instead of criminal detention following conviction. Section 4 of the Ordinance enables the court to release certain offenders on probation for good behavior instead of sentencing them to imprisonment. Probation may be granted if the offence is not severe, and the offender appears unlikely to commit further offences. In this regard, the age, character, antecedents, or physical or mental condition of the offender is to be taken into consideration. Section 5 of the Ordinance allows the court to impose a fine or provide a conditional discharge instead of imprisonment. The court may require the offender to enter into a bond, ensuring compliance with the law for a certain period as an alternative to detention. 

Section 4 of the Special Benefit for Women Convicted in Prisons Act, 2006 states that a female prisoner convicted for more than one year shall be entitled to special benefits after serving 50% of the sentence, including concessions. Section 3 specifies the special benefits for women prisoners including conditional release of any prisoner, aftercare services by the Department of Social Services for the social rehabilitation of a few who have been trained in various trade courses while incarcerated, and vocational training such as block or batik, embroidery, hair cutting, bamboo and cane work, tailoring science, fabric making etc. However, this benefit shall not be applicable to those who are in prison under a death sentence, sentenced to life imprisonment for any offence, convicted for treason and those who are convicted under the arms and narcotics related law.

The Children Act, 2013 provides specific protections and alternatives to detention for children involved in criminal offences. As per Section 44 of the Act, children under 9 years old cannot be arrested or detained under any circumstances, and no child, regardless of age, can be arrested or detained under laws related to preventive detention, furthermore, if a child is arrested, the arresting officer must immediately inform the Child Affairs Police Officer, record the child's age, and ensure that the child is not handcuffed or restrained with ropes or cords. Section 48 states that a child offender should not be arrested or detained unless there is no other way to prevent the child from fleeing or committing further offences and encourages alternatives to detention such as issuing warnings or involving the child in diversion programs. The Act further states releasing the children on probation or discharging them after due warning instead of detention in the Child Development Centre.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Code of Criminal Procedure, 1898

    Legal provision

    Section 496: In what cases bail to be taken

    When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police-station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceedings before such Court to give bail, such person shall be released on bail: Provided that such officer or Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided: Provided, further, that nothing in this section shall be deemed to affect the provisions of section 107, sub-section (4), or section 117, sub-section (3).

    Section 497: When bail may be taken in case of non-bailable offence

    (1) When any person accused of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police-station, or appears or is brought before a Court, he may be released on bail, but he shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or transportation for life: Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail. (2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, pending such inquiry, be released on bail, or, at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided. (3) An officer or a Court releasing any person on bail under sub-section (1) or sub-section (2) shall record in writing his or its reasons for so doing. (4) If, at any time after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody on the execution by him of a bond without sureties for his appearance to hear judgment delivered. (5) The High Court Division or Court of Session and, in the case of a person released by itself, any other Court may cause any person who has been released under this section to be arrested and may commit him to custody.

    The Probation of Offenders Ordinance

    Legal provision

    Section 4: Conditional discharges, etc.

    (1) Where a Court by which a person, not proved to have been previously convicted, is convicted of an offence punishable with imprisonment for not more than two years is of opinion, having regard to:- (a) the age, character, antecedents or physical or mental condition of the offender, and (b) the nature of the offence or any extenuating circumstances attending the commission of the offence, that it is inexpedient to inflict punishment and that a probation order is not appropriate, the court may, after recording its reasons in writing, make an order discharging him after its admonition, or, if the court thinks fit, it may likewise make an order discharging him subject to the condition that he enters into a bond, with or without sureties, for committing no offence and being of good behaviour during such period not exceeding one year from the date of the order as may be specified therein. (2) An order discharging a person subject to such condition as aforesaid is hereafter in this Ordinance referred to as “an order for conditional discharge”, and the period specified in any such order as “the period of conditional discharge”. (3) Before making an order for conditional discharge, the court shall explain to the offender in ordinary language that if he commits any offence or does not remain of good behaviour during the period of conditional discharge he will be liable to be sentenced for the original offence. (4) Where a person conditionally discharged under this section is sentenced for the offence in respect of which the order for conditional discharge was made, that order shall cease to have effect.

    Section 5: Power of court to make a probation order in certain cases

    (1) Where a Court by which- (a) any male person is convicted of an offence not being an offence under Chapter VI or Chapter VII of the Penal Code, or under sections 216A, 328, 382, 386, 387, 388, 389, 392, 393, 397, 398, 399, 401, 402, 455, or 458 of that Code, or an offence punishable with death or imprisonment for life, or (b) any female person is convicted of any offence other than an offence punishable with death, is of opinion that, having regard to the circumstances including the nature of the offence and the character of the offender, it is expedient to do so, the court may, for reasons to be recorded in writing, instead of sentencing the person at once, make a probation order, that is to say, an order requiring him or her to be under the supervision of a probation officer for such period, not being less than one year or more than three years, as may be specified in the order: Provided that the court shall not pass a probation order unless the offender enters into a bond, with or without sureties, to commit no offence and to keep the peace and be of good behaviour during the period of the bond and to appear and receive sentence if called upon to do so during that period: Provided further that the court shall not pass a probation order under this section unless it is satisfied that the offender or one of his sureties, if any, has a fixed place of abode or a regular occupation within the local limits of its jurisdiction and is likely to continue in such place of abode or such occupation, during the period of the bond. (2) While making a probation order, the court may also direct that the bond shall contain such conditions as in the opinion of the court may be necessary for securing supervision of the offender by the probation officer and also such additional conditions with respect to residence, environment, abstention from intoxicants and any other matter which the court may, having regard to the particular circumstances of the case, consider necessary for preventing a repetition of the same offence or a commission of other offences by the offender and for rehabilitating him as an honest, industrious and law-abiding citizen. (3) When an offender is sentenced for the offence in respect of which a probation order was made, that probation order shall cease to have effect.

    Act No. 24 of 2013, The Children Act

    Legal provision

    Section 44: Arrest, etc.

    (1) Notwithstanding anything contained in this section, a child below the age of 9 (nine) years shall, in no circumstances, be arrested or, as the case may be, detained. (2) Notwithstanding anything contained in any other law, no child shall be arrested or detained under any law relating to preventive detention. (3) After arrest of a child, the police officer who arrests the child shall immediately inform the Child Affairs Police Officer the causes and place of arrest and subject matter of the allegation etc. and, after primary determination of his age, shall record it in the file: Provided that no child shall be hand-cuffed or tied up with rope or cord around the waist. (4) For the purpose of determination of age under sub-section (3), the police officer shall record his age by finding out and verifying the birthregistration certificate or, in absence of such certificate, the relevant documents including the school certificate or the date of birth given at the time of school admission: Provided that where it appears to the police officer that the concerned person is a child but, despite all possible attempts, it is not possible to be confirmed through any documentary evidence, the said person shall in that case be considered as a child under the provisions of this Act. (5) If there is no safe place appropriate for a child in the concerned police station, steps shall be taken to detain the child in a Safe Home after arrest until his production before the court: Provided that in case of detaining the child in a Safe Home, he shall not be kept together with the adults or any child who has already been found guilty or offender and with any child in contact with law.

    Section 48: Diversion

    (1) For the purposes of this Act, after the arrest or detention of a child in conflict with the law, diversion may be undertaken at any stage of the proceedings instead of formal trial, considering the familial, social, cultural, financial, ethnic, psychological and educational background of the child in order to ensure the best interest of the child or for the purpose of resolving the dispute. (2) Notwithstanding anything contained in the Code of Criminal Procedure or any other law for the time being in force, the Child Affairs Police Officer or the Children’s Court, as the case may be, at any stage of the proceedings after the arrest of the child, may send the matter to the Probation Officer for diversion in order to resolve the dispute in an alternative way instead of formal trial. (3) If diversion is undertaken under sub-section (2), the Probation Officer shall monitor as to whether the concerned child, the parents of the child or, in the absence of both of them, the caregiver or the authority in supervision or legal or lawful guardian or, as the case may be, members of the extended family, are complying with the conditions of diversion, and shall report the matter, from time to time, to the Child Affairs Police Officer or, as the case may be, to the Children’s Court. (4) If the concerned child, the parents of the child or, in the absence of both of them, the caregiver or the authority in supervision or legal or lawful guardian or, as the case may be, members of the extended family, violates any condition of diversion, the Probation Officer shall immediately inform the Child Affairs Police Officer or the Children’s Court, as the case may be, of the matter in writing. (5) The process and procedure of taking diversion shall be prescribed by rules. (6) For the purposes of this section, the Department may undertake appropriate, time-befitting and implementable programmes for the implementation of diversion.

    Section 34: Order of detention by Children’s Court, etc.

    (1) Where a child is found guilty of an offence punishable with death or imprisonment for life, the Children’s Court may order him to be detained in a Child Development Centre for a period not exceeding 10 (ten) years but not less than 3 (three) years: Provided that if any child is found guilty of an offence not punishable with death or imprisonment for life, the Children’s Court may order him to be detained in a Child Development Centre for a period not exceeding 3 (three) years. (2) Notwithstanding anything to the contrary contained in the order of the Children’s Court or in any other law for the time being in force, if there are positive and significant changes in the behaviour, character or personality of the child who is ordered to be detained and if the child is not charged for murder, rape, robbery, dacoity, drugs-dealing or any other heinous, hateful or serious offences, the authority of the Child Development Centre or the certified institute may, for the purposes of taking measures to release the child immediately upon his attaining the age of 18 (eighteen) years, send recommendation to the Government at least 3 (three) months before the child attains the age of 18 (eighteen) years. (3) If the child, charged with an offence of murder, rape, robbery, dacoity or drug-dealings or any other serious offence, attains the age of 18 (eighteen) years and the case is still under trial, or where the child, ordered by a court to be detained in connection with cases of such offences, attains the age of 18 (eighteen) years, the authority of the Child Development Centre or any certified institute shall, with approval of the Children’s Court, send the concerned person to the central or district jail immediately. (4) The prison authority shall make arrangement for keeping the person sent under sub-section (3) in a separate ward by separating him from the accused persons staying in the jail who are convicted or under trial under any other law, where the concerned person shall stay for the period of his detention or, as the case may be, for the remaining period of his detention. (5) Where the trial concludes after the child has attained the age of 18 (eighteen) years and the child is ordered to be detained, the Children’s Court shall send the child directly to the central or district jail. (6) Notwithstanding anything contained contrary in this section, the Children’s Court may, if it thinks fit, instead of directing any child to be detained in a Child Development Centre under sub-section (1), order him to be discharged after due admonition or released on probation subject to good conduct. (7) While releasing the child on probation under sub-section (6), the Children’s Court may order him to be placed under the supervision of a Probation Officer or may commit him to the care of his parents or, in the absence of both of them, the caregiver or the authority in supervision or legal or lawful guardian or, as the case may be, members of the extended family or other competent person: Provided that if any child is committed to the care of his parents or, in the absence of both of them, the caregiver or the authority in supervision or legal or lawful guardian or, as the case may be, members of the extended family, the concerned person shall execute a bond, with or without surety or in any other manner as the court may require, committing himself to be responsible for the good conduct of the child for any period not exceeding 3 (three) years. (8) If it appears to the court upon the report received from the Probation Officer or otherwise that the child released on probation has not been of good conduct during the period of his probation, it may, after making such inquiry as it deems fit, order the child to be detained in a certified institute for the remaining probation period.