REMAND

REMAND
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Remand means the act or an instance of sending something (case) or an accused back for further action.

KINDS OF REMAND
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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 detention in the police custody of the arrested person may be permitted so that the police may complete investigation 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 and 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".

Physical Remand and Judicial Remand

What is Physical Remand and Judicial Remand? To send a prisoner back to the custody-the act of sending back (a prisoner) into custody. [Encyclopedia law dictionary] Or The act of an appellate court when it sends a case back to the trial court to conduct entirely new hearing or an entirely new trial or to take some other further action.
Section 167 of Cr.P.C. throw light on remand but other section 61,62,167,173 and 344 Cr.P.C. are also relevant.
In simple words police is duty bound to complete the investigation within 24 hours and if police fail to complete the investigation then police must presents the arrested person to the magistrate along with application of physical remand.
There are two types of remand i.e. physical remand and judicial remand. When a caused is sent to custody of police by magistrate it is called physical remand and when the accused is sent to judicial lock-u/jail it is called judicial remand. Weather to send a person on physical remand or judicial remand is a total discretion of magistrate but higher court laid down some grounds which a magistrate should follow.

1)      Discharge the accused at once on the ground that there is no cause shown for further detention.

2)      Remand him to police custody for term not exceeding 15 days in whole and send copy of his order which reasons for making it to the Sessions judge.

3)      Proceed at once to try a caused himself.

4)      Forward the accused to Sessions judge.

5)      Physical remand can only be given when presence of accused is absolutely necessary for the completion of inquiry.

6)      In the case of physical remand period should be as short as possible.

7)      In case of confession person must be sent to judicial custody.

Following are some important point related with remand.

1)      Magistrate should discourage tendency of police to take remand to extort confession.

2)      Magistrate can discharge the accused at the time of remand.

3)      Fifteen days remand should not be allowed at one stretch.

4)      Remand in absence of accused is not only illegal but also violation of article 10 of the constitution of Pakistan.

Ghulam Sarwar’s case 1984 p.cr.l.j 2588
Following are guide lines laid down in this case:

1.      Magistrate shall not authorize the police remand except on strong and exceptional ground.

2.      Magistrate shall record reasons.

3.      Copy of order must send to session judge.

4.      After expiry of 15 days magistrate shall requires the police to submit complete or incomplete challan and in case challan is not submitted, he shall refuse further detention of the accused and shall release him on bail with or without sureties.

5.      Before granting police remand magistrate shall assure about sufficient evidence.

6.      No remand in absence of accused.

7.      Magistrate shall avoid granting remand at his residence.

8.      Opportunity should be given to accused to raise objection.

9.      Magistrate shall examine police file.

10.  If no investigation was conducted after having obtained remand, the magistrate shall reuse to grant further remand/adjournment.

11.  In case complete challan is not submitted magistrate shall commence trial at strength of incomplete challan.

12.  If challan not submitted within 2 months, the magistrate shall report matter to Sessions judge and notice to SP Police of district.

13.  No remand for sock of cooperation which police.

14.  Magistrate shall always give reasons for the grant of remand and adjournment.

Remand is very important because of brutal methods used by police during investigation or physical remand. Further bail application can only be moved after accused send to judicial magistrate. Judicial remand and physical remand are different from each other. Section 167 of CrPC Pakistan applied on judicial remand as well as physical remand.