How Remand Granted Under CRPC WELL The concept of remand in CRPC has a very important value in our legal system. Remand is basically used when the competent authority e.g.; the court is of the opinion that the required investigation cannot be completed in given time and there is reasonable doubt that the concerned person is involved in the offense.
What is the procedure of giving remand under CRPC and what are the guidelines while granting remand? I will try my best to elaborate this important topic in this post
ARTICLE BY – Ashi Garg
Meaning of Remand – How Remand Granted Under CRPC
Generally, the word remand means to return or send back. The Legal Definition of remand has two different meanings.
Firstly, this term is used to send back the accused or prisoner in the custody of competent authority.
Secondly, it is used to send back the cases from the appellate court to the lower court. The case was remanded from the appellate court to lower court when the lower court commits error in a trail.
In the context of detained person remand means to send back the arrested person who is waiting to conclude his trial, to police custody for further interrogation.
Need and Purpose of Remand
There is a huge discussion that why this Remand is necessary. On following three grounds we can say that remand is necessary
- The original purpose of remand in custody was to ensure that the accused attends the court as required
- Protection of victims
- Final disposition of matters for which accused is remanded in custody
How Remand Granted Under CRPC – Under section 46 of CRPC, it is explained that how arrest should be made. This section says that:
(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested unless there be a submission to the custody by word or action.
(2) Resisting endeavor to . If such person forcibly resists the endeavor to arrest him or attempts to evade the arrest, such police officer or another person may use all means necessary to effect the arrest.
(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offense Punishable with death or with [imprisonment for life.]
So the bare reading of this section it can be said that in order to arrest the person the police officer has to touch him or use force if that person resists. The force must not be used when the accused person surrenders himself.
Conditions While Giving Remand –
- He should ensure that allegation is well founded on good grounds. If allegation is not well founded he is not bound to entertain order of remand
- To examine police diary: in order to satisfy himself as to the nature of the allegation, the magistrate should examine an official document which is supposed to be maintained by every police officer. Without examining the police diary magistrate cannot grant remand in any case. Police diary is not a public document court cannot take it as evidence but the court may examine to ascertain the nature of the allegation.
- To examine the accused: accused whose remand is sought must be produced before a magistrate for examination. Without producing the accused no police officer can secure physical remand. The magistrate cannot give remand of accused without examining him.
How Remand Granted Under CRPC – Power Of The Court To Give Remand
The class first and section 30 magistrate can give an order of remand. The session or high court or 2nd or 3rd class magistrate is not authorized to give remand. The class second magistrate can give remand if authorized by the provincial government.
According to section 167(3) of CRPC magistrate is bound to record reasons for the passing order of remand. While considering all the condition and circumstances the magistrate can give remand.
The magistrate should reduce those circumstances in writing and thereafter he must send a copy of the order to the Court of Session.
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