CONCEPT OF REMAND IN INDIA

REMAND

Remand, also known as pre-trial detention, preventive detention, or provisional detention, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest. Varying terminology is used, but “remand” is generally used in common law jurisdictions and “preventive detention” elsewhere, However, in the United States, “remand” is rare except in official documents and “kept in custody until trial” is used in the media and even by judges and lawyers in addressing the public. Detention before charge is referred to as custody and continued detention after conviction is referred to as imprisonment.

Because imprisonment without trial is contrary to the presumption of innocence, pretrial detention in liberal democracies is usually subject to safeguards and restrictions. Typically, a suspect will be remanded only if it is likely that he or she could commit a serious crime, interfere with the investigation, or fail to come to the trial. In the majority of court cases, the suspect will not be in detention while awaiting trial, often with restrictions such as bail.

HOW LONG CAN A PERSON BE DETAINED?

According to Section 57 of the CrPC, the police cannot hold somebody in their custody for longer than 24 hours. It expressly prevents a police officer from holding an apprehended individual in police custody for more than 24 hours. This 24-hour timeframe does not include the time necessary to convey the accused from the location of arrest to the Magistrate’s court. 

The Hon’ble High Court declared in the matter of R.K. Naba Chandra Singh v Manipur Administration that if the police officer believes that the investigation cannot be finished within 24 hours, it is his obligation to submit the accused before the Magistrate immediately.

It was decided in the case of Mohd. Suleman v. King Emperor3 that the right to be taken before a magistrate within 24 hours after detention has been created with a view to ensuring- 

  • To avoid arrest and detention for the aim of eliciting confessions or coercing persons to provide information. 
  • To prevent police stations from being used as prisons 
  • To provide early access to a court official independent of the police on any bail or discharge issues.

Another thing to keep in mind is that only the official in command of the police station or an investigative officer with a level higher than Sub-Inspector of Police has the authority to request remand.

In the case of Sharifbai v Abdul Razak4, it was determined that if a police officer fails to deliver an apprehended individual before a Magistrate within 24 hours of the arrest, he is guilty of unlawful detention.

CONCLUSION

All of the debate about remand by a judicial magistrate when an inquiry cannot be finished within 24 hours leads to the conclusion that the rule is established in a way that benefits the accused. The section’s purpose is to safeguard the accused from dishonest police officers. This is accomplished by establishing the maximum period for which the accused can be held in police custody. The legislation does not favour detention in police custody because the provision specifies the maximum length for which the accused may be remanded in police custody, which is 15 days.

REFERENCES

  1. https://www.lawnotes4u.in/remand-meaning-and-maximum-period-in-india-police-custody/
  2. https://blog.ipleaders.in/concept-transit-remand/
  3. https://www.mondaq.com/india/crime/1061848/police-remand-judicial-remand–procedure-criminal-law-in-india

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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