Physical Remand and Judicial Remand
What is the difference between physical remand and judicial remand?
To understand the remand you will have to know the criminal process to know the detail of criminal cases read
Physical Remand
Remand has two kinds. Physical and judicial remand. Physical remand is remand which police demand from Judicial magistrate after arrest any accused. Under section 167 CRPC Police is duty-bound to present the accused before Judicial magistrate in 24 hours after arrest.
What is Judicial Remand
Judicial Remand is a remand when Physical remand complete after investigation and police do not demand further remand or area magistrate observe there is no need for further physical remand. Judicial magistrate send accused on judicial remand in jail
following videos help to understand about remand and its process
section describes remand
Section 167 CRPC
167. Procedure when investigation cannot be completed in twenty-four hours:
(1)
Whenever any person is arrested and detained in custody, and it appears that the
investigation cannot be completed within the period of twenty-four hours fixed by Section
61, and there are grounds for believing that the accusation or information is well-founded,
the officer in charge of the police station or the police officer making the investigation if he
is not below the rank of the sub-inspector, shall forthwith transmit to the nearest
Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case,
and shall at the game time forward the accused to such Magistrate.
Explanation : [Omitted by the Ordinance, XXXVII of 2001, dt. 13-8-2001.]
(2) The Magistrate to whom an accused person is forwarded under, this section may,
whether he has or has no jurisdiction to try the case, from time to time, authorize the
detention of the accused in such custody as such Magistrate thinks fit, for a term not
exceeding fifteen days in the whole. If he has no jurisdiction to try the case or [send] it for the trial, and considers further detention unnecessary, he may order the accused to be
forwarded to a Magistrate having such jurisdiction;
Provided that no Magistrate of the Third Class, and no Magistrate of the Second Class
(3) A Magistrate authorizing under this section detention in the custody of the police shall
record his reasons for so doing.
[(4) The Magistrate, giving such order shall forward a copy of his order, with his reasons for
making it, to the Sessions Judge].
[(5) Notwithstanding anything contained in Sections 60 and 61 or hereinbefore to the
contrary, where the accused forwarded under sub-section (2) is a female, the Magistrate
shall not except—in the cases involving QatI or dacoity supported by reasons to be
recorded in writing, authorize-the detention of the accused in police custody, and the police officer making an investigation shall interrogate the accused referred to in subsection (1) in the prison in the presence of an officer of jail and a female police officer.
(6) The officer in charge of the prison shall make appropriate arrangements the admission
of the investigating police officer into the prison for the purpose of interrogating the
accused.
(7) If for the purpose of investigation, it is necessary that the accused referred to in subsection (1) be taken out of the prison, the officer-in-charge of the police station or the police
officer making investigation, not below the rank of sub-inspector, shall apply to The magistrate in that behalf and the Magistrate may, for the reasons to be recorded in writing,
permit taking of accused out of the prison in the company of a female police officer
appointed by the Magistrate :
Provided that the accused shall not be kept out of the prison while in the custody of the
police between sunset and sunrise].
How Police apply for a remand
police apply for a remand in written form and tell the reasons which are necessary to take physical remand.
Purposes of physical remand
To collect the evidence, Recovery of weapons or anything which is used in concern case, investigation of the case and to know all the material which is necessary for trial. after a complete investigation police report called Challan or charge sheet under section 173 crpc
Comments
Post a Comment