Bangladesh: The Special Powers Act, including implementation by authorities; police procedures directed by the Act, including warrants and notifications (2024–April 2026)
1. The Special Powers Act, 1974
Bangladesh's Special Powers Act describes itself as "[a]n Act to provide for special measures for the prevention of certain prejudicial activities, for more speedy trial and effective punishment of certain grave offences and for matters connected therewith" (Bangladesh 1974, preamble, emphasis omitted). Section 2(f) of the Act defines prejudicial activities as follows:
(f) "prejudicial act" means any act which is intended or likely-
(i) to prejudice the sovereignty or defence of Bangladesh;
(ii) to prejudice the maintenance of friendly relations of Bangladesh with foreign states;
(iii) to prejudice the security of Bangladesh or to endanger public safety or the maintenance of public order;
(iv) to create or excite feelings of enmity or hatred between different communities, classes or sections of people;
(v) to interfere with or encourage or incite interference with the administration of law or the maintenance of law and order;
(vi) to prejudice the maintenance of supplies and services essential to the community;
(vii) to cause fear or alarm to the public or to any section of the public;
(viii) to prejudice the economic or financial interests of the State… . (Bangladesh 1974)
Section 3(1) of the Special Powers Act provides the following:
Power to make orders detaining or removing certain persons
3. (1) The Government may, if satisfied with respect to any person that with a view to preventing him from doing any prejudicial act it is necessary so to do, make an order-
(a) directing that such person be detained;
(b) directing him to remove himself from Bangladesh in such manner, before such time and by such route as may be specified in the order:
Provided that no order of removal shall be made in respect of any citizen of Bangladesh. (Bangladesh 1974)
Human Rights Watch states that the Special Powers Act allows for "preventive detention" (2025-07-30). Similarly, according to the US Department of State's Country Reports on Human Rights Practices for 2024, the Act grants "legal justification for arrests that would often otherwise be considered arbitrary," as it "remove[s] the requirement that arrests be based on crimes" that have already occurred (US 2024-04-22, 12).
2. Implementation of the Special Powers Act by Authorities
An article published by the Bangladesh chapter of the Network for International Law Students (NILS) [1], written by an "apprentice lawyer" and an advocate, indicates that section 3 of the Special Powers Act allows the government to order "preventive detention" based on the suspicion that an individual may commit a "credible prejudicial act" (NILS Bangladesh 2024-12-17). An opinion article by Noshin Nawal, a barrister who is also an "activist, feminist and a columnist" for the Bangladeshi newspaper the Daily Star, observes that "vague" terms such as "'prejudicial to national security'" and "'disturbing public order'" allow authorities to target "virtually anyone," including journalists, opposition figures and students (Nawal 2025-03-05).
2.1. Under the Hasina Government
The Asian Human Rights Commission (AHRC), an independent NGO which promotes human rights in Asia (AHRC n.d.), indicates in 2022 that "[j]ailing dissidents" under the Special Powers Act and other "draconian" laws, is the "norm" in Bangladesh (2022-07-29). In correspondence with the Research Directorate, a human rights advocate, who is also a former member of the Commission of Inquiry on Enforced Disappearances [2], indicated that "the practice that developed" under the Sheikh Hasina government was to register criminal cases, "typically against political opponents," for "destabilizing public safety and security" under section 15(3) of the Special Powers Act; this section, unlike other sections of the Act, operates "within the ordinary criminal trial framework," meaning that the accused can apply for bail and is protected from "arbitrary preventive detention" (Human rights advocate 2026-04-27). However, the same source adds that section 15 of the Act [3] defines "'prejudicial acts' broadly" to include a "wide range of political, public or civil society activity" and does not require "specific evidence of a criminal act" (Human rights advocate 2026-04-27).
Odhikar, a human rights organization in Bangladesh that documents rights violations (Odhikar n.d.), reports that in 2023, police arrested a 60-year-old woman under the Special Powers Act after her US-based son criticized the government on Facebook; she was released on bail after 8 days in jail (2024-01-04, 22, 47). Amnesty International reports that, following alleged bank robberies and a hostage-taking by an armed group in April 2024 in the Chittagong Hill Tracts, Bangladesh authorities arrested 142 Indigenous Bawm people accused of "sedition under Section 15" of the Act, as well as "other offences under the Penal Code," without "establish[ing] individual criminal responsibility" through evidence (2025-12-12). The same source adds that, as of December 2025, 59 of these individuals remained in detention without trial (Amnesty International 2025-12-12).
2.2. Under the Interim Government [4]
Human Rights Watch reports that under the interim government, hundreds of individuals "may have been arrested" under the Special Powers Act (2025-07-30). According to the newspaper Dhaka Tribune [5], out of approximately 22,000 cases [complaints] filed with police nationwide between the fall of the Hasina government on 5 August 2024 and the national election on 12 February 2026, 1,200 cases were filed under the Special Powers Act and the Digital Security Act [6] (2026-02-27). The human rights advocate indicated that since the fall of the Hasina government, the "overwhelming majority" of cases have been filed under the Penal Code (2026-04-27). For further information on criminal cases registered during the interim government's administration, see Response to Information Request BGD202592 of May 2026.
Sources indicate that on 9 April 2025, a model and winner of a Miss Earth Bangladesh pageant was arrested, and a court ordered her to be detained for 30 days under the Special Powers Act (The Daily Star 2025-04-13; The Financial Express 2025-04-29). The Daily Star notes that the arrest was made on charges of "spreading lies about an important individual to deteriorate relations between countries" (The Daily Star 2025-04-13). The Financial Express, a Bangladesh-based newspaper, indicates that the model was released from prison after being granted bail on 29 April 2025 (The Financial Express 2025-04-29).
2.3. Under the Bangladesh Nationalist Party (BNP) [7] Government Elected in February 2026
The Bangladesh Sangbad Sangstha (BSS), a "state-run news agency" (bdnews24.com 2026-04-07), quotes the Law, Justice, and Parliamentary Affairs Minister of Bangladesh as stating that to prevent fuel shortages, the BNP government will use the Special Powers Act against those who hoard fuel and sell it on the "'black marke[t]'," including the "'maximum penalty of death'" (2026-04-04). Another BSS article notes that 4 people were arrested for hoarding and reselling fuel at higher prices in April 2026; their cases are registered under the Special Powers Act (2026-04-18). The Dhaka Tribune notes that 2 men were arrested for possession of heroin and counterfeit money and were charged under both the Special Powers Act and the Narcotics Control Act (2026-04-12).
3. Procedures for Detention Under the Act
Sections 3(2) to 3(5) of the Special Powers Act provide the following:
(2) Any District Magistrate or Additional District Magistrate may, if satisfied with respect to any person that with a view to preventing him from doing any prejudicial act within the meaning of section 2(f) (iii), (iv), (v), (vi), (vii) or (viii) it is necessary so to do, make an order directing that such person be detained.
(3) When any order is made under sub-section (2), the District Magistrate or the Additional District Magistrate making the order shall forthwith report the fact to the Government together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing on the matter, and no such order shall remain in force for more than thirty days after the making thereof unless in the meantime it has been approved by the Government.
(4) If any person fails to remove himself from Bangladesh in accordance with the direction of an order made under sub-section (1) (b) [8], then, without prejudice to the provisions of sub-section (5), he may be so removed by any police officer or by any person authorised by the Government in this behalf.
(5) If any person contravenes any order made under sub-section (1) (b), he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. (Bangladesh 1974, bold in original)
The human rights advocate stated that
[t]he Special Powers Act contains no prescribed police procedural framework of the kind ordinarily required by criminal law. Under standard Bangladeshi criminal procedure (the Code of Criminal Procedure, 1898), a police officer must either obtain a judicial warrant or witness the commission of a cognizable offence before effecting an arrest. The Act displaces this framework. …
Section 3 vests the detention power in the government or a district magistrate — an executive, not a judicial, authority. The detention order itself constitutes the entire legal authorization. No court issues it, no judge reviews it at the point of arrest, and no judicial officer is notified. (2026-04-27)
Section 6 of the Special Powers Act provides the following:
6. No detention order shall be invalid or inoperative merely by reason that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the Government or the District Magistrate or Additional District Magistrate making the order, or that the place of detention of such person is outside the said limits. (Bangladesh 1974)
The human rights advocate stated that section 6 of the Act "permits detention for up to 30 days before any form of review is required" (2026-04-27). Sources note that the Act authorizes the detention of individuals "without" trial (Daily Observer 2025-04-11; Foysal 2025-04-25) for a "specified" duration, "primarily" to maintain "public safety, national security, and law and order" (Daily Observer 2025-04-11).
The Special Powers Act provides the following:
Reference to Advisory Board
9. (1) The Government shall, whenever necessary, constitute an Advisory Board for the purposes of this Act.
…
10. In every case where a detention order has been made under this Act, the Government shall, within one hundred and twenty days from the date of detention under the order, place before the Advisory Board constituted under section 9 the grounds on which the order has been made and the representation, if any, made by the person affected by the order.
…
Action upon the report of Advisory Board
12. (1) In any case where the Advisory Board has reported that there is, in its opinion, sufficient cause for the detention of a person, the Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit:
Provided that the Advisory Board shall, after affording the person concerned an opportunity of being heard in person, review such detention order, unless revoked earlier, once in every six months from the date of such detention order and the Government shall inform the person concerned of the result of such review.
(2) In any case where the Advisory Board has reported that there is, in its opinion, no sufficient cause for the detention of the person concerned, the Government shall revoke the detention order and cause the person to be released forthwith.
Revocation of detention orders
13. A detention order may, at any time, be revoked or modified by the Government.
Temporary release of persons detained
14. (1) The Government may, at any time, direct that any person detained in pursuance of a detention order may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release.
… (Bangladesh 1974)
The human rights advocate stated that under sections 9 to 14 of the Act, the government appoints an advisory board to review detentions that are extended beyond the initial 30 days; the board is not "an independent judicial body" (Human rights advocate 2026-04-27). Nawal notes that the initial detention is set for 6 months, but "can be renewed indefinitely" (2025-03-05).
The Special Powers Act provides the following:
Procedure of Special Tribunals
27. (1) Notwithstanding anything contained in the Code or in any other law for the time being in force, a Special Tribunal may take cognizance of an offence triable under this Act without the accused being committed to it for trial, but shall not take cognizance of any such offence except on a report in writing made by a police officer not below the rank of Sub-Inspector.
…
Appeals and confirmation of death sentences
…
(2) Where a Special Tribunal passes a sentence of death, the proceedings shall be submitted forthwith to the High Court Division and the sentence shall not be executed unless it is confirmed by that Division.]
…
Execution of death sentences
[34A. When a person is sentenced to death under this Act, the sentence may be executed by hanging him by the neck till he is dead or by shooting him in the prescribed manner till he is dead as the Special Tribunal may direct. (Bangladesh 1974, emphasis and brackets in original, footnote omitted)
The information in the following paragraph was provided by the human rights advocate:
Traditionally, the courts have "shown reluctance to interfere with executive detentions" that are "framed as matters of public safety or national security." The Act has "no independent audit mechanisms"; the oversight structures are "controlled by the same executive authority" issuing the detention order or are "structurally constrained in ways that limit their practical effect." When the Act is used, there are "no statutory mechanisms" for complaints against the police and no access to detention records by civil society. Moreover, individual detentions under the Act are not subject to "parliamentary oversight" and it is not "mandatory" to report such detentions to any public body (Human rights advocate 2026-04-27). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
3.1. Use of Warrants and Notifications
Section 4 of the Special Powers Act provides the following:
Execution of detention orders
4. A detention order may be executed at any place in Bangladesh in the manner provided for the execution of warrants of arrest under the Code. (Bangladesh 1974, bold in original)
US Country Reports 2024 states that while "arbitrary arrest and detention" is prohibited under Bangladesh's constitution, arrest and detention is permitted by law "without an order from a magistrate or a warrant" if the authorities decide an individual may be a "threat to security and public order" or is suspected of a "serious crime" (US 2024-04-22, 20). Sources indicate that the Special Powers Act authorizes the police to arrest individuals without a warrant (RSF 2023-08-23; human rights advocate 2026-04-27). However, the human rights advocate added that the Act allows "warrant-based action in certain circumstances," and warrants are "occasionally" secured, particularly when the investigator is unsure of the "evidentiary foundation" or "legal basis for detention"; warrant-less detentions are "more likely" when "executive confidence is high," including in cases with a "political dimension" (2026-04-27).
In an article on the case of Miss Earth Bangladesh, the newspaper Daily Observer [9] notes that she livestreamed to Facebook while the police "forcibly entered" her home; the Dhaka Metropolitan Police, however, "denied [the] allegation" that the model was "abducted," stating that she was "taken into custody following all legal procedures" as a result of "national security concerns" (Daily Observer 2025-04-11). Other sources note that the Bangladesh High Court questioned the legality of the model's detention (The Daily Star 2025-04-13) or directed the authorities to explain her detention, citing issues such as "the lack of a warrant, delayed court appearance, and denial of legal aid" (HRRC 2025-04-15).
The Special Powers Act provides the following:
Communications of grounds of order.
8.(1) In every case where an order has been made under section 3, the authority making the order shall, as soon as may be, but subject to the provisions of sub-section (2), communicate to the person affected thereby the grounds on which the order has been made to enable him to make a representation in writing against the order, and it shall be the duty of such authority to inform such person of his right of making such representation and to afford him the earliest opportunity of doing so:
Provided that nothing in this section shall require the authority to disclose the facts which it considers to be against the public interest to disclose.
(2) In the case of a detention order, the authority making the order shall inform the person detained under that order of the grounds of his detention at the time he is detained or as soon thereafter as is practicable, but not later than fifteen days from the date of detention. (Bangladesh 1974, emphasis in original)
The human rights advocate stated that the Act directs authorities to communicate the reason for detention to the detainee "'as soon as may be'," which is "undefined" and has "no enforceable deadline"; it also allows the authorities to withhold from the detainee information considered to be "against the public interest to disclose" (2026-04-27). Other sources note that under this Act, detainees are held without being informed of the reason for their detention (Nawal 2025-03-05; Foysal 2025-04-25). The human rights advocate further stated that this Act does not require notification of detention to be provided to "family members, legal counsel, any court or judicial officer, any independent oversight body, consular authorities, or any public register" (2026-04-27).
Nawal indicates that the detainees are imprisoned without access to legal counsel (2025-03-05). The human rights advocate similarly noted that detainees do not have the right to legal counsel before the government-appointed advisory board; moreover, they cannot "examine or challenge" the evidence, although they can make a "written representation" (2026-04-27). The same source added that the board's decisions are not subject to "judicial review on the merits" (Human rights advocate 2026-04-27).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Notes
[1] NILS is an international non-profit organization "run by and for law students" that hosts skill development events and programs (NILS Bangladesh n.d.).[back]
[2] The Commission of Inquiry on Enforced Disappearances is a body formed by the interim government to "identify and find" individuals "forcibly disappeared" by intelligence and law enforcement agencies between 1 January 2010 and 5 August 2024 (The Daily Star 2024-08-27). [back]
[3] Section 15 of the Special Powers Act provides the following: [back]
Sabotage
15. (1) No person shall do any act with intent to impair the efficiency or impede the working of, or to cause damage to,-
(a) any building, vehicle, machinery, apparatus or other property used, or intended to be used, for the purposes of the Government or of any local authority or nationalised commercial or industrial undertaking ;
(b) any railway, aerial ropeway, road, canal, bridge, culvert, causeway, port, dockyard, light-house, aerodrome, telegraph or telephone line or post, or television or wireless installation;
(c) any rolling-stock of any railway or any vessel or aircraft;
(d) any building or other property used in connection with the production, distribution or supply of any essential commodity, any sewage works, mine or factory ; [* * *]
(e) any place or area prohibited or protected under this Act or any other law for the time being in force [; or]
[(f) any jute, jute product, jute godown, jute mill or jute bailing press.]
(2) The provisions of sub-section (1) shall apply in relation to any omission on the part of any person to do anything which he is under a duty, either to Government or to any public authority or to any person, to do, as they apply to the doing of any act by a person.
[(3) If any person contravenes any of the provisions of this section, he shall be punishable with death, or with [imprisonment for life], or with rigorous imprisonment for a term which may extend to fourteen years, and shall also be liable to fine.] (Bangladesh 1974, footnotes omitted, emphasis and brackets in original)
[4] Following the dissolution of the Awami League government, an interim government led by Nobel Laureate Muhammad Yunus, along with civil society leaders, academics, and "other notable citizens," took power with the support of the military and protesters (Freedom House 2025-02-26, overview, key developments in 2024).[back]
[5] According to the Shongjog Multi-Stakeholder Platform (MSP), a "collaborative effort made up of government, international and national NGOs and other groups" and funded by UK Aid that "ensure[s] that there are identified credible sources of information" and "aim[s] to promote trust between communities and the disaster response sector" (Shongjog MSP n.d.), the Dhaka Tribune's parent company is 2A Media Limited, a subsidiary of Gemcon Group, which is owned by an Awami League politician (Shongjog MSP 2021-10-12). However, BBC Monitoring indicates that the Dhaka Tribune is "known to be liberal and impartial" (BBC 2025-05-16).[back]
[6] Amnesty International states that the Digital Security Act, 2018 was used by the Hasina government to "stifle peaceful dissent" (Amnesty International 2024-08-08, 8). This Act was replaced by the Cyber Security Act in 2023, which is "largely a replication" of the Digital Security Act (Amnesty International 2024-08-08, 10).[back]
[7] For information on the BNP, see Response to Information Request BGD202582 of May 2026. [back]
[8] Section 3(1) of the Special Powers Act is quoted in section 1 of this Response.[back]
[9] The editor of the Daily Observer is Iqbal Sobhan Chowdhury (Daily Observer 2025-04-11). Chowdhury served as a media advisor to former prime minister Sheikh Hasina and led the pro-Awami League faction of a journalists' union (IFJ 2022-05-03, 2). Under the orders of the Ministry of Information and Broadcasting, Chowdhury's press credentials were revoked in October 2024 [during the administration of the interim government], alongside those of 19 other journalists (The Daily Star 2024-10-29).[back]
References
Amnesty International. 2025-12-12. "Urgent Action: Indigenous Detainees Still Jailed Without Trial." (ASA 13/0550/2025) [Accessed 2026-04-13]
Amnesty International. 2024-08-08. Repackaging Repression: The Cyber Security Act and the Continuing Lawfare Against Dissent in Bangladesh. (ASA 13/8332/2024) [Accessed 2026-05-07]
Asian Human Rights Commission (AHRC). 2022-07-29. "Bangladesh: Dissidents and Human Rights Defenders Survive Defenselessly." [Accessed 2026-04-14]
Asian Human Rights Commission (AHRC). N.d. "About Us." [Accessed 2026-04-14]
Bangladesh. 1974 (amended 1991). The Special Powers Act, 1974. [Accessed 2026-04-09]
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Foysal, Quazi Omar. 2025-04-25. "Reassessing Preventive Detention Laws in Bangladesh After the Meghna Alam Incident." Oxford Human Rights Hub, University of Oxford. [Accessed 2026-04-10]
Freedom House. 2025-02-26. "Bangladesh." Freedom in the World 2025. [Accessed 2026-04-09]
Human rights advocate, Bangladesh. 2026-04-27. Correspondence with the Research Directorate.
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Human Rights Watch. 2025-07-30. "Bangladesh: Year Since Hasina Fled, Rights Challenges Abound." [Accessed 2026-04-10]
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Nawal, Noshin. 2025-03-05. "Special Powers Act, 1974: Bangladesh's Forgotten Villain." The Daily Star. [Accessed 2026-04-20]
Network for International Law Students (NILS) Bangladesh. 2024-12-17. Nargis Sultana & Tasnova Tabassum. "Preventive Detention: Time to Reform the Special Powers Act, 1974." [Accessed 2026-04-21]
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Odhikar. 2024-01-04. Bangladesh: Annual Human Rights Report 2023. [Accessed 2026-04-16]
Odhikar. N.d. "About Odhikar." [Accessed 2026-05-15]
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Additional Sources Consulted
Oral sources: Anti-Death Penalty Asia Network; Bangladesh – Commission of Inquiry on Enforced Disappearances, National Human Rights Commission; barrister in Bangladesh; CIVICUS; Dhaka Bar Association; lecturer in law at a university in Bangladesh; Network
for International Law Students Bangladesh; Odhikar.
Internet sites, including: Aliran; Anadolu Ajansı; Asian Legal Resource Centre; Australia – Department of Foreign Affairs and Trade; Australian Journal of Asian Law; Austrian Red Cross – ecoi.net; Bertelsmann Stiftung; CIVICUS; Committee to Protect Journalists; Consiliul Național Român Pentru Refugiați; ConstitutionNet; Council on Foreign Relations; The Dhaka Diplomat; EU — EU Agency for Asylum; Fédération internationale pour les droits humains; Fund for Peace; The Hindu; International Bar Association; International Center for Not-for-Profit Law; International Crisis Group; International Monetary Fund; International Service for Human Rights; International Trade Union Confederation; International Truth and Justice Project; Journal of South Asian Issues; New Age; The New Nation; Office français de protection des réfugiés et apatrides; Organisation mondiale contre la torture; Pressenza; Robert & Ethel Kennedy Human Rights Center; The South Asia Collective; South Asian Policy Initiative; South China Morning Post; UK – Home Office; UN – Human Rights Council, Refworld, UNHCR, UN Women.