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.
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 trial 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 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 a 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.
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 trial or conviction. Police remand should not exceed the15 days.