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


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