What is the maximum period of remand?
Asked by: Mr. Arturo Ryan | Last update: July 10, 2022Score: 4.8/5 (73 votes)
The detention is police custody is not favoured by the law as the section provides for the maximum period for which the accused can be sent for remand in police custody, i.e., 15 days.
How long does police custody take in India?
LAWS OF CUSTODY IN INDIA
Section 167 of the Code allows that a person may be held in the custody of the police for a period of 15 days on the orders of a Magistrate.
How long can police detain you without charge in India?
The police can detain you beyond 24 hours only with permission of the Magistrate. They may seek 'police custody' or 'judicial custody'. Police custody can only last 15 days from the date of arrest. This means you will be kept inside the lock-up at the police station for a maximum of fourteen more days.
How long is judicial custody in India?
However, the person can be under judicial custody for upto 90 days when the person has committed an offence with a punishment of death, imprisonment of life or period of imprisonment exceeding 10 years and for upto 60 days for all other crimes, if the Magistrate thinks fit for the interest of the justice.
What happens in police remand in India?
It is an aid to the successful completion of an investigation. In other words, it is the remand where we send back the accused into the custody of police or that of the magistrate for collecting evidence and completion of investigation. The purpose of remand is to facilitate completion of investigation.
Section 167 CrPC || Police Remand || Police & Judicial Custody
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.
Can you get bail on remand?
The Right to Bail. Under s. 4 of the Bail Act 1976, on each occasion that a person is brought before a court accused of an offence, or remanded after conviction for enquiries or a report, he must be granted bail without condition, if none of the exceptions to bail apply.
What happens when on remand?
Remand means that you will not be given bail and must stay in prison while your trial is going on.
Can police beat in judicial custody?
Under judicial custody, Magistrate will have the custody. Another difference is that during police custody, police can interrogate the accused directly without any authority's permission. But in judicial custody police cannot interrogate accused without permission of Magistrate.
What is the difference between bail and remand?
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.
Can I slap a police officer?
No police man cannot slap you or force you. In case he has done so you can complaint before the Senior police officials and further in case they fail to take steps then file a petition before the High court seeking the relief and inquiry against the said police officer.
Can police check my phone India?
Without permission from Superintendent of police or from court , police cannot intercept your phone or obtain call records or data messages from your mobile phone service provider.
Can police beat anyone?
No, it is not a police officer who beats you! Just so you know, no policeman is allowed to use force with anyone except if they are resisting arrest or trying to escape.
What is difference between police remand and judicial remand?
Police remand implies that the blamed stays in the lock-up for a police station or in the custody of an investigating office who is investigating the concerned matter, while judicial remand implies that the denounced is stopped up in prison and is under the remand of the Magistrate.
What is the maximum period prescribed for grant of police custody?
(a) The Judicial Magistrate may grant police custody or judicial custody from time to time. But the total period of detention cannot exceed 15 days in whole.
What is physical 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.
Why do police remand?
Typically, a suspect will be remanded only if it is likely that he or she could commit a serious crime, interfere with the investigation, or fail to come to the trial. In the majority of court cases, the suspect will not be in detention while awaiting trial, often with restrictions such as bail.
Can we get bail in judicial custody?
According to section 436A of the criminal procedure, if the accused under judicial custody has undergone half of the punishment, then he/ she can be granted bail as per the law. The judicial custody can be extended till 60-90 days depending upon the crime committed by the accused and the punishment given to him.
Is being on remand serious?
If the court decides to put you on remand it means you'll go to prison until your trial begins. If you're under 18 you'll be taken to a secure centre for young people, not an adult prison. You will probably be put on remand if: you have been charged with a serious crime, for example armed robbery.
Can I visit a prisoner on remand?
A convicted prisoner is usually allowed at least two 1-hour visits every 4 weeks. A prisoner on remand (waiting for their trial) is allowed three 1-hour visits a week.
Does remand time come off sentence?
The time also spent on remand, could be taken off by the judge at sentencing should the individual be found guilty at trial. This time will be taken into consideration by the judge once they pass sentence. If a person is convicted and remanded in custody until a sentencing hearing this is known as 'Judges Remand'.
How long can police keep you on bail?
Understanding Police Bail
The initial bail period is 28 days but can be extended up to 3 months by a Superintendent.
What happens in remand custody?
The word remand generally means to return or to send back but, in the legal world, it has two different meanings. Firstly, it means to send the accused back in the custody of the competent authority and secondly, it means to send back the cases from the appellate court to the lower court.
Do you have to pay for bail?
Bail often means a defendant enters into a recognisance (a bond between them and the court) to pay money if they break the conditions of bail. Anyone providing a guarantee (or surety) may also have to enter into a recognisance.
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.