How many types of remand are there?
Asked by: Isobel Rempel | Last update: February 19, 2022Score: 4.8/5 (41 votes)
There are two types of remand i.e. physical remand and judicial remand. When a caused is sent to custody of police by magistrate it is called physical remand and when the accused is sent to judicial lock-u/jail it is called judicial remand.
What is period of remand?
LAWS OF CUSTODY IN INDIA
A Judicial Magistrate may remand a person to any form of custody extending up to 15 days and an executive magistrate may order for a period of custody extending up to 7 days. A person may be held in the custody of the police or in judicial custody.
What is difference between physical remand and judicial remand?
Physical custody of the accused is called in common language as physical rem and i.e when an accused is sent to custody of police, by magistrate, it is called physical rem and. Whereas when the accused is sent to judicial lock up/jail, it is called judicial rem and.
What is the procedure for remand?
Remand is ordered only after considering evidence and not on the face of the application. Also, a maximum limit is set for which remand can be ordered. After expiry of that period, the accused is entitled to bail in case the chargesheet is not filed by the police in time.
What does order type remand mean?
Remand means "order back" or "send back". After losing a case in a lower court, lawyers will frequently appeal it to a higher court.
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What is remand on bail?
The term "remand" may be used to describe the process of keeping a person in detention rather than granting bail. A prisoner who is denied, refused or unable to meet the conditions of bail, or who is unable to post bail, may be held in a prison on remand.
What is a civil remand?
Remand means to send back[i]. ... Section 107 (1)(b) of the Code of Civil Procedure empowers an appellate court to remand a case. Specifically remand is dealt with in Order 41 Rules 23, 23A and 25. A remand cannot be ordered lightly.
What is the Article 22?
Article 22 Protection of life and personal liberty – Constitution of India. No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
Can you get bail while on remand?
Remand means that you will not be given bail and must stay in prison while your trial is going on.
What is the purpose of remand?
A remand prisoner is someone held in custody while waiting for their trial or sentencing. A remand prisoner may be held in prison, or in police cells, court cells, or psychiatric facilities as required. The court has to decide if the accused is to get Court Bail.
What CrPC 309?
Section 309 in The Code Of Criminal Procedure, 1973. 309. Power to postpone or adjourn proceedings. ... - The terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused.
What is transitory remand?
The SP or Magistrate can give the order for transit remand. Transit remand would enable the police to shift the person in custody from the place of arrest to the place where he is to be investigated. The duration of transit remand can be between 1 and 7 days, but not more.
What is CrPC bail Pakistan?
The basic concept of bail is release of a person from the custody of police or delivery into the hands of sureties, who undertakes to produce him in court as when required. 9. Bail before arrest: Section 498 CrPC deals with it.
What is remand in law India?
The dictionary meaning of the word remand is to return or send back. However, in the legal world, it has two different meanings. Firstly, it is used to send back the accused in the custody of the competent authority. ... This power of ordering remand is given to the judicial magistrate under S. 167(2) of the CrPC.
What is remand?
A person who is “remanded”, “remanded in custody”, or “on remand”, can also be said to be held in police custody. ... When the accused is held in police custody for the purpose of further investigations; or. When bail is not offered, or not taken up, and the accused continues to be in police custody.
What is police custody?
Definition of 'police custody'
If somebody or something is in police custody, they are kept somewhere secure, under the supervision of police officers, for example in a police station. He was being held in police custody last night after being refused bail.
What rights do remand prisoners have?
A person who is on remanded in a prison is not treated as a convicted prisoner, as they have not yet been found guilty of any offence. They should also have further rights in prison, such as being able to wear their own clothes and having more visits.
Does remand count as double?
If two or more consecutive sentences are received, time on remand will only be counted once, and will not apply to each sentence. ... Essentially, any time taken into consideration for sentence calculation must be time served on the current case, and time spent on another sentence will not be considered.
How many times can you apply for bail?
Re-Applying For Bail
You have two chances to apply for bail at the magistrates court, or if there is a change in your circumstances. If this fails, you can apply for bail again at the crown court, known as 'judge in chambers. ' You can also go to the High Court but this is rare.
What is meant by Article 15?
Article 15 in The Constitution Of India 1949. 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
What is an Article 23?
Prohibition of traffic in human beings and forced labour. (1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
What is a limited remand?
In the more limited of the two types of limited remand the appellate court seeks a ruling or advice from the trial court and pending its receipt of that ruling or advice retains jurisdiction over the appeal. E.g.,United States v. Taylor, 509 F.
What is reverse and remand?
If the Court of Appeals reversed and remanded the trial court's orders on the issues that you've appealed, then it means that it has found that the trial judge was wrong on that issue, by either misapplying the law or in failing to have sufficient evidence to support their decision based on the testimony and evidence ...
What remand means in law?
If the court decides to put you on remand it means you'll go to prison until your trial begins. the court thinks you might not go to your court hearing. ... the court thinks you might commit a crime while on bail.