Physical Remand

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Physical Remand

Remand

The word “remand” means to recommit to custody. The word remand has not been defined in the code of criminal procedure. According to Black’s Law dictionary remand means “an act or an instance of sending something such as case, claim or person for further action” now the main question about Physical Remand is following.

Physical Remand of accused

167 Cr.P.C prescribes the procedure to deal with a person arrested and detained in custody, found or suspected to have committed an offence when the investigation of an offence cannot be completed within the period of 24 hours. The section provides that in such a case where there are grounds for believing that the accusation or information is well founded, the officer in charge of police station or the officer making investigation not below the rank of sub-inspector, shall forthwith transmit to the nearest magistrate a copy of the entries in the diary relating to the case along with the accused. Magistrate can competently grant police custody irrespective of the fact as to whether he possess or not the jurisdiction in the matter. Magistrate on examination of investigation diaries can authorize detention which would not exceed 15 days in all. If he is not satisfied with the diaries, he can refused further detention and direct to produce accused before a magistrate having jurisdiction in the matte.

Pre-conditions for Making the Order of Remand

Before making an order of remand to police custody u/s 167 Cr.P.C, the magistrate should satisfy himself that:

  • There are grounds for believing that the accusation against the person sent up by the police is well founded.
  • There are good and sufficient reasons for remanding the accused to police custody instead of detaining him in magisterial custody. (Rule 25:56 (1) of Police Rules 1934).

Reasons to be Recoded

Sub section 3 of S. 167 provides that Magistrate while ordering the detention of the accused must record his reasons in writing. Magistrate must apply his judicial mind and give reasons for his order briefly indicating the reasons for remanding a prisoner to police custody. Remand of accused without assigning reasons is illegal. However, such illegality is cureable by subsequent filing of charge sheet and examination of evidence.

Remand order to be sent Session Court

In any case when an accused person is remanded, the magistrate is required to send a copy of his order, with his reasons for making it, to the session Judge to whom he is immediately subordinate.

Physical Attendance of Accused

S. 167 contemplates that an order remanding an accused person to police custody shall be passed in the presence of the accused. Where detenu is not produced before Magistrate at the time of remand, the remand will be illegal (PLD 1969 Lah 1020).

Case Triable by court of Sessions

Till the sending of the case to the Court of Sessions it was the court of magistrate to have the power to postpone or adjourn the proceedings and remand the accused in custody and the court of session shall not have the power to adjourn or postpone the proceedings and remand the accused as at that stage the said court shall not be deemed seized of the case.

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