What are the two types of remand during investigation?

Asked by: Weldon Cole  |  Last update: September 10, 2022
Score: 4.2/5 (2 votes)

In simple words police is duty bound to complete the investigation with in 24 hours and if police fail to complete the investigation then police must presents the arrested person to the magistrate along with application of physical remand. There are two types of remand i.e. physical remand and judicial remand.

What is an example of remand?

The definition of a remand is an act of being sent back. An example of a remand is the act of sending a court case back to a lower court for further action. Remand is defined as to send back. An example of to remand is to send a prisoner back to jail.

What remand means in law?

To remand something is to send it back. Remand implies a return. The usual contexts in which this word are encountered are reversal of an appellate decision, and the custody of a prisoner.

What is transit remand in India?

The primary purpose of a transit remand is to enable the police to shift the person in custody from the place of arrest to the place where the matter can be investigated. In the Sidhu Moose Wala case, the cops wanted to transfer Lawrence Bishnoi from Tihar jail to the state for further questioning.

How many types of remand are there?

One is Police Custody Remand wherein the arrested person is sent in the custody of the police for the purpose of further investigation and is kept in the police lockup and the second is Judicial Custody Remand where the person is sent to the local jail.

Law of Remand I Cr.PC Section 167 & 344 I Kinds of Remand I Purpose and Process I Syed Farhad Shah

38 related questions found

What is remand investigation?

Remanding occurs if the committed crime has a statutory minimum penalty of at least one year, and includes: a risk of recidivism, a risk that the suspect will destroy evidence or otherwise affect the investigation of the crime, or. a risk that the suspect will flee prosecution or punishment.

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.

What is partial remand?

Partial Remand: Order 41 Rule 25- It deals with the cases where the trial court has disposed of the case not on a preliminary point but had omitted to try any material issue i.e. an issue without which suit could not have been decided on merits.

What is reverse and remand?

Reverse and Remand

This means that the Court of Appeals found an error and the case is remanded, or sent back, to the same trial judge to re-decide the case. Many times issues can only result in a remand back to the same trial judge.

What is remand used for?

If a person who is accused of a crime is remanded in custody or on bail, they are told to return to the court at a later date, when their trial will take place. Remand is used to refer to the process of remanding someone in custody or on bail, or to the period of time until their trial begins.

What is affirm remand and reverse?

AFFIRMED AND REMANDED: The trial court reached the correct result in a civil case but the matter has to go back to the trial court for additional proceedings or for any other reason set out in the opinion. REVERSED: The appellate court determines that the trial court committed reversible error.

What happens on remand?

Remand means that you will not be given bail and must stay in prison while your trial is going on.

Why do court cases get remanded?

Remanded Appeals

This occurs when the appellate court finds that the lower court's judge made some error related to the laws or facts in your case. Improper rulings, errors in procedure, or the exclusion of admissible evidence may result in a lower court's decision being overturned and sent back for further action.

What is the writ of certiorari?

Writs of Certiorari

The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.

What does reverse mean in court?

Reversal can occur when the decision of a court of appeal is that the judgment of a lower court was incorrect. The result of reversal is that the lower court which tried the case is instructed to vacate the original judgment and retry the case.

What are remand papers?

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. Secondly, it is used to send back the cases from the appellate court to the lower court.

What is difference between judicial remand and physical remand?

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 difference between remand and custody?

While remand under the former relates to a stage after cognizance and can only be to judicial custody, detention under the latter relates to the stage of investigation and can initially be either in police custody or judicial custody.

What is remand without vacatur?

Remand without vacatur is a judicial remedy that permits agency orders or rules to remain in effect after they are remanded by the reviewing court for further agency proceedings.

What is remand 167 difference between judicial custody and police custody?

Section 167 of CrPC allows a person to be held in police custody on the orders of a Magistrate for a period of 15 days, A Judicial Magistrate may remand a person for a period of 15 days to any form of custody. A person may be held in police custody or judicial custody.

What is the difference between remand and bail?

Bail is the process whereby a person who has been arrested and charged is released from police custody back into the community whilst awaiting the next court hearing. If bail is refused, then the arrested person is remanded in custody pending the next court hearing.

What is the difference between remand and sentenced?

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.

How long can you be in remand?

In September the government extended custody time limits – the amount of time that someone can be held on remand – from six to eight months.

Which of the following is correct when a case is remanded?

Which of the following is correct if a case is remanded? The case is sent back for additional proceedings at the trial court.

What is a remand warrant?

Warrant of Remand

A person who has been held in custody to be brought before a judge and justice and there is no decision made to either grant or deny bail, s. 516 (or s. 537 if a preliminary inquiry judge) permits the accused is the held under Remand Order under Form 19 to a fixed date.