1- Meaning and Purposes of Remand
1-The word “Remand” has been defined as “To send back. The act of an appellate court when it sends a case back to the trial court and an appellate court when it sends a case back to the trial court and orders the trial court to conduct the limited new hearing or an entirely new trial, or to take some other action.” (Black’s Law Dictionary)
2- “To send a prisoner back to the custody- the act of sending back(a prisoner) into custody” (Encyclopedia Law Dictionary)
2- Relevant Laws and Provisions:
The applicable provisions to the remand are to be found in Section 61 of Cr.P.C, Section 62 of Cr.P.C, Section 167 of Cr.P.C, Section 173 of Cr.P.C, and Section 344 of Cr.P.C.
3- Kinds of Remands:
- Physical Remand
- Judicial Remand
When a person/accused is sent to the custody of the Police by the Magistrate, it’s called Physical Remand and when the accused is sent to the judicial lockup/jail, it is called Judicial Remand.
Principle Applying Remand Cases:
The following principles are laid down for the guidance of the Magistrate in the matter of granting remands, and District Magistrates are required to see that they are carefully applied.
- Under no circumstance should an accused person be remanded to police custody unless it is made clear that his presence is actually needed in order to serve some important and specific purpose connected with the completion of the inquiry. A general statement by the officer applying for the remand that the accused may be able to given further information should not be accepted.
- When an accused person is remanded to Police custody the period of the accused should be as short as possible.
- In all ordinary cases in which time is required by the Police to complete the inquiry, the accused person should be detained in magisterial custody.
- Where the object of the remand is merely the verification of the prisoner’s statement, he should be remanded to magisterial custody.
- An accused person who has made a confession before a Magistrate should be sent to the judicial lockup and not made over to the Police after the confession has been recorded. If the police subsequently require the accused person for the investigation, a written application should be made giving reasons in detail why he is required and an order obtained from the Magistrate for his delivery to them for the specific purposes named in the application. If an accused person, who has been produced for the purpose of making a confession, has declined to make a confession or has made a statement that is unsatisfactory from the point of view of the prosecution he should not be remanded to police custody.(High Court Rules and Orders Volume III).