Comparative Analysis of the Criminal Procedure Codes in South Asia: Lessons for Reforming the Code of Criminal Procedure, 1898 (CrPC) in Bangladesh

This study examines the comparative evolution of criminal procedure codes across South Asia—specifically in India, Pakistan, Nepal, and Sri Lanka—to identify lessons for reforming Bangladesh’s outdated Code of Criminal Procedure (CrPC) of 1898. Rooted in colonial governance, the 1898 CrPC continues to shape criminal justice in Bangladesh with procedural inefficiencies, human-rights concerns, and institutional rigidity. Using a qualitative comparative framework and doctrinal analysis of statutes, case law, and scholarly literature, this research explores how neighbouring jurisdictions have modernised their procedural systems to align with constitutional and human-rights standards. The findings reveal that India’s 1973 CrPC emphasises procedural fairness and access to justice, Nepal’s 2017 code integrates rights-based and restorative approaches, while Pakistan and Sri Lanka show varying degrees of partial reform. In contrast, Bangladesh’s CrPC remains structurally colonial and resistant to technological and institutional modernisation. The study concludes that meaningful reform requires codifying due process safeguards, establishing prosecutorial independence, and adopting digital judicial processes. By synthesising regional best practices, this research contributes to the discourse on transforming Bangladesh’s criminal procedure into a rights-oriented and efficient framework responsive to contemporary constitutional and international norms.