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.
 

CHARGE:

CHARGE:
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Chapter (19) of the Code of Criminal Procedure provides forms of Charge and gives sufficient details about Charge.

Charge Definition:
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According to section (4), A Charge is the precise formulation of the specific accusation made against a person; it shall give the accused full notice of the offence charged against him.

Charge means inculpation of a person for an alleged offence. Charge includes any head of Charge, when the Charge contains more heads then one. It is drawn up in the form of a statement and contains the description and details of the offence alleged as to have been committed by the accused.

Object of Charge or why a Charge is required to be framed:
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Charge enables the accused to know the Particular accusations made against him in-order to meet and to be ready for them before the evidence is given.
Unless the accused has the accurate and precise knowledge of the Charge levelled against him, he will not be able to meet his defence.

Particulars of a Charge:
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According to sections (221), (222) and (223) of Cr.P.C, a Charge should include the following particulars;

1. The offence with which accused is charged, giving any specific name of the offence or its definition, so as to give accused notice of the matter with which he is charged.

2: The Law or section of Law in-respect of which the offence is alleged to have been committed.

3: Where the accused is liable, to enhanced punishment on account of his previous conviction and such previous conviction has to be proved, such Charge shall state the fact, date and place of the previous conviction.

4; The time and place of the alleged offence and the person against whom, or the thing in respect of which, it was committed.

5: In case of criminal breach of trust or dishonest misappropriation of money only, the gross sum in respect of which the offence is alleged to have been committed and the dates between which it is committed may only be stated.

6: Where the particulars mentioned above are not sufficient to give notice of the offence with which the accused is charged, then the Charge shall also contain the particulars of the manner in which the alleged offence was committed.

Competency of Court to amend alter or add other offence to Charge:
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According to section (227), "Any Court may alter or add to any Charge at any time before judgment is pronounced and every such alteration or addition should be read and explained to the accused."

Comments:

The Court is competent and may alter or add to any Charge upon its own motion or on application by prosecution, but such alteration or addition of a Charge, should not prejudice the accused.

Its Consequences:
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According to sections (228), (229), (230), (231) and (232), the following are the consequences of alteration or addition to Charge, which are as under:

1: The Court should proceed with the trail, if in the opinion of the Court, such alteration or addition made to the Charge is not likely to prejudice the accused in his defence or the prosecution in the conduct of the case, and the Court should treat the new or altered Charges as the original Charge.

2: When the new, altered or added Charge is such which prejudice the accused or the prosecution, then the Court may in its opinion, either direct a new trial or adjourn the trail for such period as may be necessary.

3: The case shall not be proceeded with, when the new, altered or added Charge is one for the prosecution of which previous sanction is necessary, until such sanction is obtained.

4; Whenever a Charge is altered or added to by the Court after the commencement of the trail, the prosecution and the accused shall be allowed to recall or re-examine the witnesses and also to call any further material witnesses with reference to such alteration or addition.

5: Whenever in opinion of any Appellate Court in the exercise of its powers of revision or submission of sentences for confirmation, that any person convicted of an offence was misled in his defence by the absence of a Charge or by an error, it shall direct a new trail to be had upon a Charge framed in whatever manner it thinks fit.

6: The Court shall quash the conviction, when the facts proved against the accused are such that no valid Charge could be preferred.

What is the possibility to convict an accused of an offence without having Charged him thereof:
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According to section (237), in the case mentioned in section (236), when it is doubtful what offence has been committed. In such case when the accused is Charged with one offence and it appears in evidence that he committed a different offence, the Court can convict, such accused although he was not charged with it.

Conclusion:
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So from the above discussion it is found that charge provides detail in respect of accusation and allegations made against an accused by prosecution. It is framed by the court in-order to stand test of the trial against the accused and to evaluate that the complaint made against him is genuine or not