Rights of the Accused in Bangladesh: A Stage-by-Stage Checklist for 2026

Rights of accused Bangladesh law guarantees: the 2026 framework

The rights of accused Bangladesh law guarantees are not abstract principles reserved for appellate judgments. They are specific, enforceable duties that bind the police officer at the door, the investigating officer at the station, the magistrate at the first production and the trial judge at the end of the case. Since the Code of Criminal Procedure (Amendment) Act 2026 came into force, many of those duties are written into the Code itself, with a named section for each step of an arrest and a magistrate obliged to check whether they were followed.

This guide is built as a rights checklist. It walks through each stage of a criminal case, from arrest to appeal, and sets out what the accused is entitled to, where that right comes from, and what to do if it is ignored. It draws together the Constitution, the amended Code, the Appellate Division's 2016 directions in the BLAST case, the Torture and Custodial Death (Prevention) Act 2013, the Evidence Act and the legal aid reforms of 2026. Where a stage already has its own TRW guide, such as remand, bail or appeal, we link to it rather than repeat it.

Summary: An accused person in Bangladesh has constitutional rights to be told the grounds of arrest, to a lawyer of choice, to production before a magistrate within 24 hours, to a speedy and public trial, to silence and to freedom from torture. Act No. XI of 2026 turned many arrest safeguards into Code duties under sections 46A to 46E, 54, 54A and 67A, and the 2016 BLAST directions, the 2013 Torture Act and the 2026 legal aid reforms add further protection.

Key point: New section 67A of the Code requires every magistrate or court before whom an arrested person is produced to examine whether the arrest provisions were followed, and allows action against an officer who negligently breached them. The first production hearing is therefore the moment to put every arrest defect on the record.

At a glance

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Table of Contents

Rights of accused Bangladesh law guarantees: the 2026 framework

The rights of accused Bangladesh courts enforce come from six layers of law. Each layer does a different job, and a defence that relies on only one of them usually leaves protection unused.

• The Constitution. Part III sets the floor: protection of law, life and liberty, safeguards on arrest and detention, and protection in trial and punishment.[1]
• The Code of Criminal Procedure 1898. The Code regulates arrest, custody, investigation, bail, trial and appeal. Its arrest chapter was substantially rewritten by the Code of Criminal Procedure (Amendment) Act 2026, Act No. XI of 2026, dated 10 April 2026.[2]
• The Evidence Act 1872. It decides who must prove what and which confessions can be used.[11]
• Judge-made directions. The Appellate Division's 2016 judgment in Bangladesh v BLAST binds subordinate courts on arrest and remand.[8]
• Special protective statutes. The Torture and Custodial Death (Prevention) Act 2013 and, from September 2026, the new enforced disappearance law.[10] [14]
• Legal aid law. The Legal Aid Services Act 2000, rebuilt by Act No. 45 of 2026.[12]

How the 2026 amendment came about

The interim government amended the Code by ordinance in 2025. Parliament passed the Code of Criminal Procedure (Amendment) Bill 2026 on 7 April 2026, converting the ordinance into law alongside thirteen other bills.[13] The new arrest sections are recorded as taking effect from 10 August 2025, so they apply to arrests made since that date.[4]

Who holds these rights

Article 31 extends the protection of law not only to citizens but to every other person for the time being within Bangladesh, and Article 32 protects every person's life and personal liberty.[1] Foreign nationals arrested in Bangladesh therefore hold the same core rights as citizens. Our wider guide to fundamental rights in Bangladesh covers the full Part III catalogue; this article focuses on the rights of accused Bangladesh law attaches to a criminal case.

Constitutional rights of the accused: Articles 31, 32, 33 and 35

Every right in this checklist is measured against four articles of the Constitution, each a fundamental right enforceable in the High Court Division.

Article 31: protection of law

Article 31 makes it an inalienable right to be treated in accordance with law, and provides that no action detrimental to a person's life, liberty, body, reputation or property may be taken except in accordance with law.[1] An arrest that skips a step the Code requires, such as recording reasons under section 54, is action outside the law that Article 31 demands.

Article 32: life and personal liberty

Article 32 provides that no person shall be deprived of life or personal liberty save in accordance with law.[1] It was relied on in the BLAST litigation alongside Articles 27, 31, 33 and 35.[9]

Article 33: arrest and detention

Article 33 is the centre of the rights of accused Bangladesh law protects at the moment of arrest. A person who is arrested must be informed of the grounds of arrest as soon as may be, and must not be denied the right to consult and be defended by a legal practitioner of his choice. He must be produced before the nearest magistrate within 24 hours, excluding travel time, and may not be detained beyond that period without a magistrate's authority.[1]

Clause (3) removes these protections for an enemy alien and for a person arrested or detained under a preventive detention law, and clauses (4) and (5) substitute a separate regime of advisory boards and representations for preventive detention, discussed later in this guide.[1]

Article 35: protection in trial and punishment

Article 35 bars conviction under retrospective criminal law and a heavier penalty than the law allowed at the time of the offence. It bars prosecution and punishment more than once for the same offence. It guarantees every accused the right to a speedy and public trial by an independent and impartial court or tribunal established by law. It provides that no accused shall be compelled to be a witness against himself, and that no person shall be subjected to torture or to cruel, inhuman or degrading punishment or treatment.[1]

Clause (6) saves existing laws prescribing punishment or trial procedure from clauses (3) and (5), which is why the speedy-trial and anti-torture guarantees are enforced mainly through the Code and the 2013 Act rather than by striking laws down.[1]

The arrest checklist: sections 46A to 46E, 54 and 54A

Act No. XI of 2026 inserted five new sections after section 46 of the Code, substituted section 54, and inserted sections 54A and 67A.[2] Together they give the rights of accused Bangladesh law recognises at arrest a level of detail the Code never had before. How a warrant itself is issued, executed and recalled is covered in our guide to the arrest warrant in Bangladesh; the checklist below applies to every arrest.

Section 46A: identification and the memorandum of arrest

The officer making the arrest must bear an accurate, visible and clear identification of his name, disclose his identity and show his identity card to the arrested person and bystanders on request.[4] He must prepare a memorandum of arrest attested by at least one witness, who may be a family member or a respectable local resident. If no witness is available, the reason must be recorded. The arrested person countersigns or thumb-prints the memorandum unless he refuses.[4]

Where the arrest is made away from home, a family member, relative or nominated friend must be told the time and place of arrest and the place of custody as soon as practicable and not later than 24 hours. Visible injuries must be examined and treated, with the cause recorded. If the arrested person wishes, he must be allowed to consult a lawyer of his choice or meet close relatives, preferably within twelve hours.[4]

Section 46B: the register and the general diary

The arresting officer must enter in the official register the grounds of arrest, the informant or complainant, the relative or friend who was told and the officer holding the person in custody. The arrest must be entered in the general diary of the police station with jurisdiction, and an officer from another station must send a copy of the memorandum to that station's officer-in-charge. The officer keeping the register or diary must give information about the arrest to any relative, friend or neighbour who asks.[3]

Section 46C: published arrest information

The district Superintendent of Police, or the Police Commissioner in a metropolitan area, must designate an officer not below the rank of Assistant Sub-Inspector at each headquarters and police station to maintain the names and addresses of arrested persons and the offences alleged. That information must be prominently displayed, preferably in digital form.[3]

Sections 46D and 46E: health, safety and medical examination

Section 46D places a duty on whoever has custody of an arrested person to take reasonable care of his health and safety. Section 46E requires a sick or visibly injured arrested person to be examined and given first aid promptly by a government hospital medical officer, or a registered practitioner if none is available, with a female doctor, nurse or attendant involved for a woman where practicable. The doctor's certificate and report go to the investigating officer, and a copy must be given to the arrested person or his nominee.[3] A seriously ill or injured person may be produced before the magistrate by video link.[3]

Section 54: the narrowed power to arrest without warrant

For a cognizable offence punishable with imprisonment of up to seven years, an officer may arrest without warrant only if he has reason to believe the person committed it and is satisfied that arrest is necessary: to prevent further offences, for proper investigation, to prevent evidence being destroyed or tampered with, to prevent threats or inducements to witnesses, or to secure attendance in court. He must record his reasons in writing, and must also record reasons where he decides not to arrest.[5]

For offences punishable with more than seven years or death, the test is credible information and reason to believe it true. Section 54(2) forbids arrest under the section for the purpose of detaining a person under a preventive detention law.[5]

Section 54A: reasons at the time of arrest

A police officer arresting without warrant must, at the time of arrest, tell the arrested person the reasons for which he is arrested.[3] This sharpens Article 33(1), which speaks only of informing the person of the grounds as soon as may be.

Section 67A: the magistrate's compliance check

When an arrested person is produced, the magistrate or court must examine whether the arresting officer complied with the arrest provisions of the Code. If they were negligently violated or not complied with, the court may, with written reasons, direct appropriate action against the officer under his service rules.[3] Defence counsel should ask for the memorandum, register entry and medical certificate at the first hearing and invite the court to perform this check expressly.

Rights of accused Bangladesh checklist by stage

The table below condenses the rights of accused Bangladesh law provides into a stage-by-stage checklist. On a phone, scroll it sideways.

Where two standards differ, rely on the stricter one. Section 46A allows up to 24 hours for family notice, while the 2016 Appellate Division direction requires notice within twelve hours; both bind, and the shorter period should be insisted upon.[4] [8]

The BLAST guidelines and why they still matter

The BLAST litigation began with Writ Petition No. 3806 of 1998, filed after a student, Rubel, died in custody following an arrest under section 54. On 7 April 2003 the High Court Division issued fifteen guidelines on arrest and remand, including identity on demand, a separate register of reasons, informing relatives, access to a lawyer or relatives, and interrogation in a jail room with a glass wall or grille within sight of the lawyer or relatives.[9]

On 24 May 2016 the Appellate Division disposed of the Government's appeal, Civil Appeal No. 53 of 2004, and issued its own directions to law enforcement agencies and to magistrates, judges and tribunals.[8] Much of the 2026 amendment codifies those directions, but several remain wider than the Code.

Directions that go beyond the Code

• Notice to the nearest relative or a nominated friend no later than twelve hours after arrest.[8]
• Registration of a case before any detention is sought under section 167(2).[8]
• Release on bond under section 169 where a person is produced for custody without the case diary entries.[8]
• A finding that "credible information" and "reasonable suspicion" must rest on definite facts and materials, not mere assertion.[8]
• A female constable, where possible, when a woman is arrested.[8]
• A duty on magistrates to take cognizance of torture or custodial death of their own motion where medical evidence supports it.[8]

The detailed operation of these directions at a remand hearing is set out in our guide to police remand in Bangladesh. For this checklist, the point is simple: the BLAST directions are law declared by the Appellate Division and should be cited alongside the Code, not as a substitute for it.

Rights in police custody, remand and interrogation

Custody is where the rights of accused Bangladesh law grants are most often tested, and where the safeguards are most detailed.

Time limits on police custody

Where investigation cannot finish within 24 hours, the police must forward the accused and a copy of the diary entries to the nearest judicial magistrate. The magistrate may authorise detention for up to fifteen days in the whole, and police custody may not exceed fifteen days in total; any further detention must be judicial custody.[6] Third-class magistrates, and second-class magistrates not specially empowered, cannot authorise police custody at all.[6]

A magistrate who authorises police custody must record reasons, which are reported to the Chief Metropolitan or Chief Judicial Magistrate and onward to the Sessions Judge.[6]

Shown arrest

New section 167A deals with "shown arrest", the practice of recording a person already in custody as arrested in a fresh case. The magistrate may allow it only if the person is produced with the relevant diary entries, is given a chance to be heard, and the application appears justified. The magistrate may not authorise judicial custody where the police report shows the arrest was made to detain the person under a preventive detention law, and must proceed under section 220 of the Penal Code against an officer who appears to have confined someone unlawfully.[7]

Medical examination before and after police custody

Section 167(2A) allows the magistrate to order a medical examination by a government hospital doctor before the accused is handed to the police. When police custody ends, the accused must be returned to the magistrate without unnecessary delay, and if there are injuries or an allegation of torture, the magistrate must order a government hospital examination and, if torture is shown, proceed according to law.[6] Always ask for the pre-custody examination as a baseline.

The right to silence and the law on confessions

Article 35(4) protects the accused from being compelled to be a witness against himself.[1] Section 163 of the Code forbids any police officer or person in authority from offering an inducement, threat or promise to obtain a statement.[3] A confession made to a police officer cannot be proved against the accused, and a confession made in police custody is inadmissible unless made in the immediate presence of a magistrate.[11]

That is why the police seek confessions before a magistrate under section 164. Before recording one, the magistrate must explain that the person is not bound to confess and that the confession may be used against him, must question him to be satisfied it is voluntary, and must append a signed memorandum to that effect.[3] An accused brought from remand who does not wish to confess should say so plainly; one who was pressured should tell the magistrate at once and ask for a medical examination.

Lawyer access during interrogation

Article 33(1), section 46A and the 2016 directions guarantee consultation with a lawyer.[1] [4] [8] None of them expressly gives a lawyer the right to sit in on questioning, and the 2003 glass-room guideline has not been carried into the Code.[9] Where remand is granted, counsel should ask the court to set conditions on the place and timing of interrogation and on access by the lawyer and family.

Freedom from torture: the 2013 Act and the 2026 disappearance law

The Torture and Custodial Death (Prevention) Act 2013, Act No. 50 of 2013, was enacted to give effect to the UN Convention against Torture and to Article 35(5).[10] It defines torture to include physical or mental suffering inflicted to extract information or a confession, to punish or to intimidate, by or with the consent of a public official, and it covers deaths during arrest, illegal detention and interrogation.[10]

The rights it gives an accused person

• Complain to the court. A court must immediately record the statement of a person who says he was tortured and order a medical examination, by a female doctor for a woman, with a report within 24 hours.[10]
• Have a case filed. The court sends the statement to the Superintendent of Police or a higher officer and directs that a case be filed; if a fair police investigation is impossible, the victim may seek a judicial inquiry.[10]
• Third-party complaints. A relative or any third party may inform the court or complain to a Sessions Judge or a senior police officer.[10]
• Protection. A complainant may apply to the Sessions Court for protection orders against the accused officer.[10]
• No excuses. War, political instability, emergency or a superior's order are not a defence.[10]
• Foreign nationals. A foreign national arrested for an offence under the Act may contact his country's High Commission.[10]

Time limits and penalties

Investigation must be completed within 90 working days, and trial before the Sessions Court within 180 days, with a further 30 days if needed. Torture carries at least five years' rigorous imprisonment or a fine of at least Tk 50,000, or both, plus Tk 25,000 compensation to the victim; torture causing death carries imprisonment for life or a fine of at least Tk 1 lakh, or both, plus Tk 2 lakh compensation.[10] Offences under the Act are non-bailable, and a principal accused officer may not get bail without the complainant being heard.[10]

Enforced disappearance after September 2026

On 6 September 2026 Parliament passed the Enforced Disappearance Prevention and Redress Bill 2026 together with the National Human Rights Commission Bill 2026. The new offence is cognizable, non-bailable and non-compoundable; where the victim dies or remains untraced for more than five years it carries death or life imprisonment and a fine of up to Tk 1 crore. The law also provides for victim and witness protection, a compensation fund, a 120-day limit for investigation and trial, and a bar on a disciplined force investigating its own members.[14] For an accused person, it reinforces the 24-hour production rule.

The right to counsel and to legal aid

The right to a lawyer runs through every stage. Article 33(1) protects consultation and defence by a lawyer of choice from the moment of arrest, and section 340(1) of the Code gives any person accused before a criminal court the right to be defended by a pleader.[1] [3] The right is to a lawyer of the accused's own choice, which the police cannot override by offering a lawyer of their selection.

What the 2026 legal aid reforms change

The Legal Aid Services (Amendment) Act 2026, Act No. 45 of 2026, dated 10 April 2026, rebuilt the Legal Aid Services Act 2000.[12] Its definition of a justice seeker expressly includes an actual or prospective accused in a criminal case, and legal aid covers advice and assistance in pending cases as well as incidental costs.[12]

The Act directs the Government to establish a Bangladesh Legal Aid Department as the authorised body for state legal aid. Its functions include legal aid at government expense to eligible justice seekers, emergency legal support for people who need immediate help, and supervision of panel lawyers, who must have at least five years' case experience. Applications may be made in person or online, and a refusal can be appealed to the Director General within 60 days.[12]

An accused who cannot afford a lawyer should apply as soon as the case is registered, not after charge; eligibility criteria are set by the department from time to time.[12] Our guide to legal aid in Bangladesh explains the application process.

Bail: when it is a right and when it is a discretion

Bail is the remedy that gives the other rights of accused Bangladesh law protects their practical value, because a person in custody cannot easily gather evidence or instruct counsel. The Code draws a sharp line between bailable and non-bailable offences.

Bailable offences: bail as of right

A person accused of a bailable offence who is ready to give bail shall be released on bail, and the officer or court may release him on a bond without sureties.[3] Refusing bail in a bailable offence is unlawful.

Non-bailable offences: the reasonable-grounds test

For non-bailable offences, bail may be granted unless there appear reasonable grounds for believing the accused guilty of an offence punishable with death or imprisonment for life. Even then the court may grant bail to a person under sixteen, a woman, or a sick or infirm person. Where there are no reasonable grounds but sufficient grounds for further inquiry, the accused must be released on bail, and reasons must be recorded either way.[3]

Bail triggered by delay

Two delay rules give the accused a right to ask for bail. If investigation is not concluded within 120 days, the magistrate or, for the gravest offences, the Court of Session may grant bail, with written reasons for any refusal.[6] If a trial is not concluded within the statutory time limit, an accused in a non-bailable offence may be released on bail unless the court records reasons for refusing.[3]

Conditions and higher courts

Section 498 requires that bail amounts not be excessive and, since the 2026 amendment, allows any court granting bail to impose reasonable and fair conditions to prevent absconding or secure good behaviour. The High Court Division and Court of Session may grant bail or reduce bail fixed below.[3] The procedure is covered in our guides to the CMM court bail process, High Court bail and anticipatory bail.

Fair trial rights: innocence, silence and speed

Once a charge sheet is accepted, the rights of accused Bangladesh law protects shift from liberty to fairness. Five rights matter most at trial.

The presumption of innocence and the burden of proof

The Constitution does not use the words "presumption of innocence", but the principle is built into the law of evidence. Whoever asks the court to give judgment on facts must prove them, and the Evidence Act's own illustration is a prosecution: the person who wants the court to punish another for a crime must prove that he committed it.[11] The accused does not have to prove innocence, except where a particular statute expressly shifts a burden onto him, and the court should be asked to identify any such provision precisely.

Silence at trial

The court must question the accused generally after the prosecution evidence under section 342, without oath. The accused cannot be punished for refusing to answer, although the court may draw a fair inference.[3] Separately, the accused is a competent defence witness on oath, but only if he asks in writing; if he chooses not to testify, no party or court may comment on it and no presumption may be drawn against him.[3]

A speedy and public trial

Article 35(3) guarantees a speedy and public trial by an independent and impartial court.[1] The Code gives that promise numbers: a magistrate must conclude a trial within 180 days of receiving the case, and a Sessions Judge, Additional Sessions Judge or Assistant Sessions Judge within 360 days.[3] The remedy for breach is bail rather than acquittal, so defence counsel should track the deadline and apply the day it passes.

Double jeopardy and retrospective offences

No person may be prosecuted and punished twice for the same offence, or convicted of an act that was not an offence when committed.[1] These protections matter most where a fresh case is lodged on the same facts as an earlier one, a pattern also discussed in our guide to false accusation in Bangladesh.

Discharge before trial

Where the record does not disclose sufficient ground to proceed, the court can discharge the accused before charge under section 241A in magistrate trials and section 265C in sessions trials.[3] A reasoned discharge application is often the most efficient way to end a weak case.

The right to appeal, revise and quash

A conviction is not the end of the rights of accused Bangladesh law affords. A person convicted by a Joint Sessions Judge, Metropolitan Magistrate or first-class Judicial Magistrate may generally appeal to the Sessions Judge, and a person convicted at a Sessions trial may appeal to the High Court Division.[3] The Government and, in some cases, the complainant may appeal against acquittal under section 417, so an acquitted accused must also be ready to defend the result.[3]

Time limits, bail pending appeal and jail appeals are covered in our guide to criminal appeal in Bangladesh. Interlocutory orders such as framing of charge, refusal of discharge or a remand order are challenged by criminal revision. Where the proceedings themselves are an abuse of process, the High Court Division's inherent power to quash them is the strongest remedy; see our section 561A quashment practice. Unlawful detention without any court order can be challenged by a habeas corpus writ through our constitutional and writ litigation practice.

Preventive detention and other limits on the rights of the accused

Not every detained person is an accused. A person held under a preventive detention law, such as the Special Powers Act 1974, is outside Article 33(1) and (2). Instead, the authority must communicate the grounds of detention as soon as may be and give the earliest opportunity to make a representation, and detention may not exceed six months unless an advisory board has heard the detainee and reported sufficient cause.[1]

The 2026 amendment closes one familiar route into preventive detention. Section 54(2) bars a police officer from arresting under section 54 in order to detain a person preventively, and section 167A bars a magistrate from authorising judicial custody where the police report shows that purpose.[5] [7]

What to do in the first 24 hours after an arrest

Most of the rights of accused Bangladesh law grants are won or lost in the first day. The sequence below is the checklist TRW follows when instructed on a fresh arrest.

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Who enforces the rights of the accused

Each right has a forum, and knowing which one to approach saves days.

Mistakes that waste the rights of accused Bangladesh law grants

• Staying silent about arrest defects. If a missing memorandum or late production is not raised at the first hearing, the section 67A check passes unused.[3]
• Skipping the pre-custody medical. Without a baseline report, an allegation of torture becomes one word against another.[6]
• Signing under pressure. Statements to police are inadmissible as confessions, but signed documents still create problems at trial.[11]
• Missing delay-based bail. The 120-day investigation rule and the trial time limits only help an accused who applies.[6] [3]
• Treating legal aid as a last resort. Applications can be made online and early, and refusal can be appealed.[12]
• Ignoring the stricter standard. The 2016 BLAST directions still apply where they go further than the Code.[8]

What to watch in 2026 and beyond

Three developments will shape the rights of accused Bangladesh courts enforce over the coming year. First, the arrest sections of Act No. XI of 2026 depend on police record-keeping, digital display of arrest information and magistrates actually performing the section 67A check; early practice will show whether the duties are enforced.[3] Second, the enforced disappearance law and the new National Human Rights Commission law passed in September 2026 will need rules, institutions and first prosecutions before their effect is clear.[14] Third, the Bangladesh Legal Aid Department created by Act No. 45 of 2026 has to be established and staffed before emergency legal support becomes routine.[12]

If a family member has been arrested, or you expect to be, the earliest hours decide the most. To have an arrest, remand order or charge reviewed against this checklist, contact TRW.

Frequently asked questions

What are the main rights of an accused person in Bangladesh?

To be told the grounds of arrest, to consult a lawyer of choice, to be produced before a magistrate within 24 hours, to a speedy and public trial, not to be compelled to incriminate oneself, and not to be tortured, under Articles 33 and 35 of the Constitution, with detailed duties in the Code of Criminal Procedure.[1] [3]

What must the police do when they arrest someone?

Under section 46A the officer must wear visible identification, show his card on request, prepare a witnessed memorandum of arrest, tell a relative or friend within 24 hours if the arrest is away from home, arrange treatment for injuries and allow access to a lawyer or relatives, preferably within twelve hours.[4]

Can the police arrest without a warrant in Bangladesh?

Yes, but since the 2026 amendment section 54 requires reason to believe and a recorded necessity for offences punishable with up to seven years, and section 54A requires the reasons to be told to the person at the time of arrest.[5] [3]

How long can police hold an accused in remand?

Police custody authorised by a magistrate under section 167 cannot exceed fifteen days in total, and the magistrate must record reasons. Any further detention must be judicial custody.[6]

Is a confession made to the police admissible?

No. A confession to a police officer cannot be proved against the accused, and a confession in police custody is inadmissible unless made in the immediate presence of a magistrate, who must follow the safeguards in section 164.[11] [3]

What can an accused do if tortured in custody?

Tell the court. Under the Torture and Custodial Death (Prevention) Act 2013 the court must record the statement, order a medical examination with a report within 24 hours and direct that a case be filed.[10]

Is bail a right in Bangladesh?

In bailable offences, yes. In non-bailable offences bail is discretionary, but it must be granted where there are no reasonable grounds to believe guilt and sufficient grounds for further inquiry, and courts may favour women, children and the sick.[3]

Does an accused have a right to free legal aid?

An eligible accused can receive legal aid at government expense. The Legal Aid Services (Amendment) Act 2026 includes accused persons within the definition of justice seekers and allows online applications and an appeal against refusal.[12]

Is there a time limit for criminal trials?

Yes. Section 339C requires a magistrate to finish a trial within 180 days and a sessions court within 360 days. If it does not, an accused in a non-bailable offence may be released on bail.[3]

Can an accused refuse to answer questions at trial?

Yes. An accused cannot be punished for refusing to answer questions under section 342, although the court may draw a fair inference, and no comment may be made if he chooses not to give evidence on oath.[3]