Who can grant police remand under CrPC?
Asked by: Manuela Auer | Last update: February 19, 2022Score: 4.4/5 (43 votes)
The Magistrate has the authority to remand the person into police custody or judicial custody. The detaining authority may be changed during the pendency of detention, provided that a total time period of custody does not exceed 15 days.
Who can give remand?
Who Makes The Remand Application: Remand application under S. 167(1) is made by the officer in charge of the police station or the person making the investigation, if he is not below the rank of the sub inspector whenever he thinks that the investigation would not be completed within 24 hours as mandated by S.
Who can grant physical remand of accused?
Physical remand to be granted either by area Magistrate or in his absence by duty Magistrate. Territorial jurisdiction to be given supreme consideration to set the law in motion. 2000 PCr.
What is police remand under CrPC?
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.
What is Section 167 of the CrPC?
167. Procedure when investigation cannot be completed in twenty four hours. ... (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years; 1.
Section 167 CrPC || Police Remand || Police & Judicial Custody
Which court can grant anticipatory bail?
When a person has reason to believe that he may be arrested on the accusation of committing a non-bailable offence then he can move to High Court or the Court of Session u/s 438 of CrPC for anticipatory bail.
What is remand 167 difference between judicial custody and police custody?
P.C kicks-in and they were produced him/her before a Magistrate within 24 hours of the arrest. Difference between Judicial Custody and Remand: Police Custody means that police has the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned Magistrate.
What are the two types of remand during investigation?
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 magistrates remand you?
In the magistrates' court, a defendant can only remand a person in custody for a maximum of eight days, except where it has previously remanded him in custody and it has a set a date for the next stage of those proceedings.
What is the difference between detention and police remand?
Soon after the arrest, an accused can be kept in police custody for up to 24 hours. Beyond that, it is the magistrate who decides whether he/she should stay in police custody or be remanded to judicial custody. Police custody can be extended for a maximum period of 15 days.
What is the 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.
Can police beat a person?
Police are not "legally" allowed to slap /beat any person, UNLESS the person is resisting a legitimate arrest. ... Police CANNOT summon /force you to go to Police Station, for any offences that might have been made by any complainant.
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 difference between remand and 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 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.
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.
Who grants bail?
In the case of bailable offences, if the accused produces proper surety, and fulfils other conditions, it is binding upon the Investigating officer to grant bail. However, in case of a non-bailable offence, the police cannot grant bail; it can only be granted by a Judicial Magistrate/Judge.
What crimes do you get remanded for?
- you have been charged with a serious crime, for example armed robbery.
- you have been convicted of a serious crime in the past.
- the court thinks you might not go to your court hearing.
- the court thinks you might commit a crime while on bail.
- you have been given bail before and not stuck to the terms.
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 is the meaning of police remand?
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. ... This will mean more remand prisoners being held in police cells. She has already served a year on remand.
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 happens if you are remanded in custody?
When a person is charged with a crime and held in police custody they must be brought to the first available court for the court to decide whether they should continue to be held (remanded) in custody. If a defendant is remanded in custody they will be kept in prison and required to appear in court.
What is summary trial in CrPC?
Summary Trials are mentioned in Chapter XXI of the Code of Criminal Procedure,1973. In this trial, the cases are disposed of speedily as the procedure is simplified and the recording of such cases are done summarily. In this type of trial, only the offences which fall into the small/petty category are tried.
How long can a person be held in police custody?
How long police can hold you in custody depends entirely on the circumstance. Generally, the standard time the police can hold you for is 24 hours until they will need to charge you with a criminal offence or release you. In exceptional circumstances, they can apply to hold you for longer, up to 36 or 96 hours.