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N.K.Assumi (Advocate)     17 December 2009

Does remand by Magistrate amount to order for investigation?

Does the Magestarial Order of remand under 167 CrPc on the prayer of the police also amounts to order of police investigation in non cognizable offence?



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 5 Replies

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     17 December 2009

no it's an order converting the custody of the accused from police to court and to confine him in prison under judicial remand.

N.K.Assumi (Advocate)     17 December 2009

Thank you for the responds.

Mohan RP Rao (Advocate)     17 December 2009

Hi, First of all, police can not arrest a person without a warrent in non cognisable cases. When complaint is lodged regarding the N.C cases it generally directs the complainant to approach the Magistrate having proper jurisdiction.  As far as oder of remand is concerned the same is passed by the Magistrate pending investigation in cognizable cases which power the police have irrespective of any order once they receive any complaint of cognizable offence. It therefore does not amount to order of police investigation which is a procedure for collecting evidence irespective of any order in cognizable offences.

Regards

Mohan Rao

PRAVEEN CHOUDHARY (SERVICE)     04 January 2010

frist of all who can pass order of remand? when the magistrate pass the order of remand ?

section 167 of cr.pc. regarding authorization of detention whether in p.c. or j.c.

but 309 of cr.p.c actually regarding remand. order of remand can be made by magistrate after taking cognizance of after commencemnt of inqiury of trial.

Order UNDER 167 OF CR.P.C CAN BE MADE BY MAGISTRATE ONLY IN COGNIZABLE OFFENCE BECAUSE P.O CAN ARREST ONLY IN COGNIZABLE OFFENCE WITHIOUT WARRANT FROM MAGISTRATE. SO WE CAN SAY THAT SEC 167 IS NOT APPLY IN CASE OF NON- COGNIZABLE OFFENCE. SECTION 155 COMPLETELY REGARDING NON-COGNIZABLE OFFENCE.

 

S.B.adil rahman (Legal Consultant )     11 January 2010

Taking the accused on Police remand under the order of the area magistrate is one of the parts of the criminal investigation. The remand starts with the 1st production of the accused after his arrest before the police magistrate. Accused is taken on police remand  for his candid and closed interrogation in custody for eliciting truth leading to the arrest of the co-accused, recovery of weapon of offence or booty and for finding the mensrea behind the crime2 weeks. remand in jail custody can extend up to 60 to 90 days as per the gravity of the offence. 


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