Remand, meaning and maximum period in India|| police custody||
What is Remand, it’s meaning under Sec. 167 Cr.P.C.| judicial custody in India
In this article, we will discuss the
topic Remand under Cr.P.C. Here we will discuss the meaning, types, conditions,
maximum period of remand, where Remand can’t be granted, etc. of remand.
Introduction:-
First
of all, we should know that what is the remand. Remand is a process by which a
person keeps in the custody before its actual conviction process. A person an
accused can be held in remand in the custody till their trail or conviction in
serious crimes, like murder, rape, etc. It is also known as pre-trial detention
of accused in the custody. A remand, in fact, is authorized detention in
custody of a person arrested. The Magistrate exercise his powers under the Code
of Criminal Procedure, 1973 while grating the judicial or police
remand.
Meaning of the remand:-
Meaning
of the Remand is “to send back”. It means when a person an accused
arrested by the police officer then the police officer can’t keep the accused
in its custody for more than 24 hours(sec. 57 CrPC), he has to present the
accused before the Magistrate after the completion of such period, for more
detention in the custody. Then the magistrate will order for more detention of
the accused in the custody, it is called remand. It is also known as “pre-trial
detention”. Sections 56, 57, 167, and 309 of the code deal with the procedure
to be adopted in relation to grant of remand (judicial remand as well as police
remand).
Type of remand:-
The
remands are of two types;
1. Judicial Remand or Judicial Custody:-
In
judicial custody, the accused is sent to the local jail or some other
establishment under the watchful eyes of the judiciary. In simple language,
it's mean the custody of the accused in the hands of the judiciary.
2.
Police Remand or Police Custody:-
In
police custody, the accused is sent to the police station’s jail. In this
police seeks custody of an accused to interrogate him or for recovery of booty
etc..
For how long can police detain a person without remand:-
The police cannot keep any accused in its custody for more than 24 hours. Section
57 of the Cr.P.C.1973 specifically prohibits a police officer from detaining
the arrested person for more than 24 hours
in police custody, exclusive of the time necessary for the journey from the
place of arrest to the court of Magistrate except under the special order
Magistrate. The code clearly lay down that detention in police custody should
not be for a longer period then under all circumstances of the case is
reasonable.
In
R.K. Naba Chandra Singh vs. Manipur administration, AIR 1964 Gau 39, the
Hon'ble High Court pointed out that," if the police officer considers that
the investigation cannot be completed within 24 hours, it is his duty to
produce the accused forthwith before the Magistrate".
In
state versus Ram Avtar Choudhary AIR 1955 ALL 138, the Allahabad High
Court observed; “Section 57 does not empower a police officer to keep an
arrested person in custody, a minute an absolute right to keep a person in
custody till 24 hours and longer for another longer than is necessary for
the purpose of Investigation. It does not give him reason like the inability of admissions of the accused in jail”.
Who can ask for remand:-
A
significant question that arises is that who can ask for remand?. The answer
lies that it is the only officer in charge of the police station or
investigating officer not below the rank of sub-inspector of Police who is
empowered to ask for the remand under the code.
Reasons to be recorded while dealing with remand cases:-
Section
167 of the Code of Criminal procedure, 1973 contemplates that the Magistrate
should not only direct remand in case he is satisfied that the person arrested
has to be reminded for the purpose of Investigation but should also record his
reason while remanding the accused. The Magistrate is also bound to record the
reason in case he does not feel necessary to order for the detention of the
accused for the purpose of investigation and in such a case he should release
that accused.
In Dr. K.S. Rao
vs. State of Hyderabad AIR 1957 AP 416, it was held that “in remanding an
accused to police custody the magistrate ought to follow the provisions of
section 167 of the Code of Criminal Procedure 1973 and should give proper
reasons for handing over the accused to the police custody”.
Improper police remand:-
Grant
of Police remand for the following purpose is improper:-
i.
For pointing out the places through which the
accused passed on his way to commit Dacoity.
ii. For compelling
the accused to give a clue to the stolen property.
iii. For
obtaining the identification in the accused in the village; and
iv. For
verifying the confessional statement of the accused recorded under section 161
of the Code of Criminal Procedure, 1973.
Remanding
of the accused to police custody for 15 days in the first instance is highly
objectionable. What is desirable and proper is that when the Magistrate is
satisfied that the presence of the accused is necessary for the purpose of
discovery of some evidence, he should remand the accused to police custody for
a shorter period, considering the facts and circumstances of the case.
Maximum period of police remand:-
The
maximum period for which Magistrate can authorise the detention of accused in
police custody and judicial custody under section 167 of Cr.P.C., 1973 is 15
days. Where the total period of police remand under section 167 of Cr.P.C. has
expired the Magistrate has no jurisdiction to further remand the accused to
police custody. The police in such case might at best ask for the remand under
section 309 of the Code, but that remind can only be to the judicial lock up.
Yashwant Bapuji Mokashi vs.
State of Maharashtra, AIR 1968, Bom 273, it was held that in view of
sub-section (2) of section 167 of the code the period of detention in
police custody shall not exceed 15 days.
Conclusion:-
At
last, it clear that remand is a process by which a is detained after the
completion of the 24 hours in the police or judicial custody till the trail or
conviction. Police remand should not exceed the15 days.
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