20/08/2025
Legal Position
Unlike immovable property (land/buildings), there is no broad legal framework in Bangladesh for requisition of movable property (like vehicles, equipment, goods) — except in special/emergency laws.
Some relevant legal bases are:
Code of Criminal Procedure (CrPC), 1898 – Section 160–172, 491, etc. → Police can require vehicles/services in emergencies (like carrying injured, maintaining order), but usually must issue a written order.
Essential Services / Defense Laws → In wartime, emergencies, or disaster situations, government may requisition movable property (e.g., transport, food, medical supplies).
Acquisition & Requisition of Immovable Property Act, 2017 does not cover movables, so requisition of movable property is only allowed under special provisions.
🔹 Remedies if Movable Property is Requisitioned
1. Check the Legal Order
Ask for a written requisition order or direction.
If requisition is done verbally or forcefully
→ it is illegal.
2. Right to Compensation
The Constitution (Art. 42) protects property rights: property cannot be taken without compensation as determined by law.
Even for temporary use (requisition) of movable property, the owner must be compensated for:
Use of the property (like rent/fare of vehicle).
Damage, loss, or depreciation caused.
3. Administrative Remedy
File a complaint/representation before the Deputy Commissioner (DC) or higher authority (Divisional Commissioner, Ministry of Home Affairs).
Often, disputes are solved administratively by negotiating compensation.
4. Judicial Remedy
Magistrate’s Court: If police/DC illegally requisition and refuse return, you can apply under Sections 523–525 CrPC for return of property.
Civil Court: You can sue for damages and compensation for unlawful requisition.
High Court Division (Writ under Art. 102):
If requisition was without lawful authority, arbitrary, or violatedfundamental rights, you can seek:
Mandamus → order return/release of property.
Certiorari/Prohibition → stop unlawful requisition.
Compensation (court may order state to pay).
5. Criminal Liability (if abuse of power)
If requisition was in bad faith or for personal use, the officer may be liable for criminal misconduct or misappropriation.
Complaint can be lodged with the Anti-Corruption Commission (ACC) or regular criminal court.
If Police, DC, or ADC requisitions any movable property in Bangladesh:
They must have legal authority & written order.
The owner has the right to compensation for use/damage.
Remedies available:
Administrative complaint to higher authority.
Application before Magistrate (CrPC 523–525).
Civil suit for damages/compensation.
Writ petition in High Court for illegal requisition.
Criminal complaint if misuse of power.
