remand; judicial and police

bindia (Querist) 23 July 2008 This query is : Resolved
what is the exact meaning of remand? what is the difference between judicial and police remand?

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Guest (Expert) 23 July 2008
Remand is an exercise of keeping an accused in Judicial custody for providing adequate security or surety for grant of a bail in bailable offences and for a period which the court decides in non-bailable cases.

Judicial custody is where the accused is in the custody of Court (jail) and Police sutody is where the accused is given to the police station for enquiry.

deepak kumar (Expert) 23 July 2008
when a person is arrested or he surrenders - he is kept in custody
if he is arrested he has to be produced before a magistrate within 24 hours and if it is required by police that the accused is needed for investigation purposes then the magistrates gives the custody of the accused to police this is called police remand( it is for a specified period )

if the period of police remand expires or the accused is not given on police remand then the accused is kept on judicial remand by the magistrate during the pendency of the case.

these provisions are in place to authorize the custody of an undertrial acused once he is convicted of an offence he may be kept in jail as convicted prisioner.

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SANJAY DIXIT (Expert) 23 July 2008
REMAND :
(1)To send back to custody or the act of sending an accused person back into custody to await trial.
(2)To send back (a case) to a lower court with instructions about further proceedings.

DIFFERENCE BETWEEN THE JUDICIAL & POLICE REMAND:
When the accused is sent back to jail, it is called judicial remand; while sending an accused person back to police custody for further enquiry is called police remand.