Judicial remad

Querist : Anonymous (Querist) 10 November 2011 This query is : Resolved
What is Judicial Remand? what purpose behind it?

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Nadeem Qureshi (Expert) 10 November 2011
There are two kinds of remand namely:

(1). Police remand
(2). Judicial remand

According to section 61 of crpc , the investigating police shall keep the accused in police station for only 24 hours of his time of arrest, and thereafter, if the investigation of the case is not completed, the investigation officer apply to the illaqa magistrate for the physical remand of the accused.

Section 344 CRPC contemplates remand of the accused in the judicial lock up after initiation of the proceedings in the court.

Section 167 of crpc provides that in certain cases detentionj in the police custody of the arrested person may be permitted so that the police may completeinvestigation and decide whether to proceed under section 169 or 170 of crpc.
However, before a magistrate can make an order of remand, the accused person must have been arrested by the police for the purpose of offence which is investigated and forwarded to the magistrate.

Illaqa Magistrate is competent to grant physical remand of the accused. But order for grant of physical remand of the accused must be passed with all seriousness keeping in view the relevant law and instruction about grant of remand to police incorporated in chapter 25 of police rules of 1934.

The only ground for granting remand by the magistrate is to see the nature of accusation nd grounds to believe that the same is well-founded against the accused.
While granting a remand the magistrate must have before him " a copy of the entries in the diary".

Shonee Kapoor (Expert) 10 November 2011
Nothing more to ADD.

The purpose is to ensure availability of the accused for trial and also that the accused should not repeat the same offence/ influence the witness.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 10 November 2011
Nadeem has wel advised you.

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