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April 17, 2014

Remand section 167 Cr.P.C. Pakistan, 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]

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 with in 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 an total direction 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.

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

Magistrate can discharge the accused at the time of remand.

Fifteen days remand should not be allowed at one stretch.

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.

Comments

  1. Sarah khan says:

    How can a lawyer oppose remand of an accused who is nominated in FIR..u/s 395 ppc …n remand of 8 days has granted n partial recovery has been made by police….i:e money n mobiles bt car has not recovered…total 5 persons r nominated n he has been falsely involved…bt police says that he is car snatcher n car lifter..how to defend him n wats the relief….?

    • Noor Mustafa says:

      How can a lawyer oppose remand of an accused who is nominated in FIR..u/s 395 ppc …n remand of 8 days has granted n partial recovery has been made by police….i:e money n mobiles bt car has not recovered…total 5 persons r nominated n he has been falsely involved…bt police says that he is car snatcher n car lifter..how to defend him n wats the relief….?
      Reply
      Please send me further details, if police are witnesses themselves and have not made Mushir nama(Private witnesses). It is violation of 103 Cr.P.C but to oppose remand is possible if Police is unnecessarily detaining without any good reason, but partial recovery and to get other recoveries is good ground for taking remand. and who is complainant in FIR? only way to oppose remand is to prove that detaining of accuseds at police station is unnecessary.

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