To check police from exercising powers in arbitrary manner, provisions have been provided in Criminal Procedure Code. Detention of an accused arrested without warrant cannot cross the limits of 24 hours. In fact, this provision has made police duty to complete investigation within twenty four hours, if police fail to complete investigation within twenty four hours, police is to present arrested person to magistrate who may pass for his order of remand. At this point, it is very important thing that remand cannot exceed more than 15 days.
2. Relevant Provisions
Section 167, 173, 344, 61 and 62 of Code of criminal Procedure
3. Meaning of Remand
The act or process of sending (a prisoner or accused person) back into custody, as to await trail or further investigation.
4. Remand Under Section 344
Grant of remand in every case should not be a medical exercise and it must be ascertained by the Magistrate that the accusation is will founded and remand will render substantial assistance in investigation of the matter.
Explanation of Remand
i. Detention exceeding 24 Hours
An accused should not be detained for more than 24 hours without a special order of a magistrate. If it is done, will be absolutely unlawful.
ii. Duty of Magistrate
Citizens have certain fundamental rights guaranteeing them freedom, which it is the duty of the court of safeguard.
iii. Detention and Formal arrest
There is no difference between the detention and the formal arrest, when the person is detained by the police, he is arrested, and it is not necessary that in order to make the arrest legal, he should further be handcuffed or put in the police or judicial lock up.
iv. Computation of 24 Hours
The 24 hours of detention are to be counted up to the time when the accused leaves the police station on the way to the Magistrate.
v. Remand by Magistrate
A magistrate can grant a remand to the police only when the accused in produced before him. He cannot great a remand by himself going to the police officer where the accused is being detained.
5. Remand under Section 167 Cr.P.C
i. Person Presenting himself before the Magistrate
Magistrate in the exercise of the discretion allowed to him under the law, hands over the custody of a person to the police for a limited time for a particular purpose, he is legally competent to do so.
ii. Magistrate must be satisfied
While granting a remand a Magistrate must have before him copy of the entries in the diary. It means that the Magistrate has to scrutinize the act of the police and see whether the act was legal and proper and further formalities required by law had been complied with.
It is the duty of the Magistrate to study the police diaries and to see for himself as to what are the accusation against the accused and what is the evidence which the police has been able to secure to justify the grant of remands.
iii. Accused to be forwarded
When the police officer completed his duty of investigation within a period of 24 hours, it is his duty to forward the accused before the Magistrate.
iv. Production of Accused
According to High court Rules and orders Volume-III. When a prisoner is produced before a Magistrate for remand, it is duty of the Magistrate to inform him that he is a Magistrate and that a remand has been applied for and whether the accused has any objection to the grant of remand.
The remand is to be written in the presence of the accused himself. If the accused wishes to be represented by a counsel the Magistrate should allow him time for the counsel to appear and argue the matter before him.
v. Record to be forwarded to Magistrate
A police officer should send along with an accused copy for the entries the diary which he is bound to keep under section 172 of Cr.P.C.
vi. Magistrate who may grant Remand
The magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case from time to time authorize the detention of the accused in such custody as the Magistrate thinks fit for a term not exceeding 15 days on the whole.
vii. Remand to whose custody
The magistrate, authorizing the detention of the accused has competed freedom to remand the accused to whatever custody he thinks fit.
viii. Remand for Fifteen Days
If the Magistrate is not completed within 15 days to police may release the accused under section 169 or they may send him jurisdiction to try the case or hold an inquiry, with a report under section 173 who may remand the accused under section 344.
6. When Remand may not be ordered
The following are the instances where remand may not be ordered
a. The presence of the accused is necessary to finish the investigation.
b. To get from the accused a confessional statement
c. A mere expectation that time will show his guilt.
d. That the accused promised to tell the truth.
e. Verify a confession under section 164.
7. Kinds of Remand
Following are the two kinds of Remand
a. Physical Remand
When Magistrate sends accused into custody of police, such sending of accused is called Physical Remand.
b. Judicial Remand
If Magistrate send to judicial jail or lockup, such send accused is call Judicial Remand.
To conclude that the remand is act or process of sending ( a prisoner or accused person) back into custody, as to await trial or further investigation. Grant of remand is only discretion of Magistrate and him to do so in judicial capacity.