Remand is a legal process in which an accused person is sent back to custody or detention while awaiting further proceedings in a criminal case. It is an essential aspect of the criminal justice system, ensuring that investigations are conducted thoroughly while safeguarding the rights of the accused.

Purpose of Remand

The remand serves several purposes, including:

• Ensuring that the accused is available for further investigations and court proceedings.
• Preventing the accused from tampering with evidence or influencing witnesses.
• Providing law enforcement agencies with additional time to collect substantial evidence against the accused.

Whenever police has arrested  person, body of such person may remain in custody of police. There are three forms of remand under CrPC.

1. Police Remand (Section 61)
2. Physical Remand (Section 167)
3. Judicial Remand (Section 344)

Police Remand (Section 61):

Whenever police arrest any person, the police may detain him for 24 hours (maximum). Police cannot detain the arrested person for more than 24 hours without permission of the court.

Note:

1. Police is bound to produce the arrested person before the magistrate after such 24 hours.
2. The travelling period from the police of place of arrest to the court of Magistrate is excluded from such 24 hours.
3. The detained person shall be produced before the nearest Magistrate even if he has no jurisdiction upon the matter and in such cases transitory remand may be allowed in order to produce the arrested person before the concerned magistrate.

Court of Magistrate shall be available even only holidays for such purpose.

Physical Remand (Section 167):

If the investigation has not been completed within 24 hours, the police may obtain remand. The police shall submit written application to the Magistrate. The police shall produce the accused before the Court of Magistrate. Police shall specify the reason for further remand in the application. Such application shall be presented through Public Prosecutor. The Magistrate shall peruse/examine the complete record. The Magistrate shall pass a speaking order. The case property shall be produced by the police. The accused may contest such application himself or through counsel. The investigating officer or sub inspector of police shall be present there.

The Magistrate may allow the remand maximum for two weeks. This time period may be allowed in toto or in piecemeal. If the accused complaints torture by police, the Magistrate may pass an appropriate order for inquiry of such torture and medical examination of the accused. If the accused is female, female police officer shall be present in the court. Order under this section shall be passed by the concerned Magistrate. Good grounds for such remand are;

1. Recovery of crime articles is yet to be effected.
2. Further pointation by the accused is possible.

Note: “Likely to confess” is no ground for remand.

If the accused is required by police but he is under the custody of another police station, the order may be passed to summon the accused person before the court first and consequently remand under this section may be allowed. The High Court Rules and Orders, Volume 3 shall also govern this matter. Time period of 15 days is mandatory under CrPC. However, special law may specify different period for such remand. For example, 90 days in NAB laws.

The Magistrate shall send the remand granting order to the Sessions Judge for perusal. However the accused has right to challenge the remand granting order through criminal revision.

Judicial Remand (Section 344):

After completion of investigation or the completion of procedure under Section 167 CrPC, the police shall produce the accused before the Magistrate for facing the trial. The Magistrate shall send the accused to jail on judicial remand. It shall be directed that he may be produced before the concerned court. Judicial remand means that custody of the accused is transferred from police to the court. The court shall direct that the accused may be produced when and if required. Usually such remand is allowed for two weeks and this process continues till conclusion of the trial. If accused has been released on bail, there is no question of remand.

If the magistrate himself is trial court, remand under section 344 shall not be allowed for more than two weeks at a time. However, Court of Sessions is not bound by such restriction as trial court. If the trial court is Court of Sessions, but trial has not commenced yet, section 344 is applicable to the Court of Magistrate.

According to section 344A CrPC, if the offence falls under section 354A, 376, 377 and 377B PPC, case shall be decided within 3 months. If there is delay, matter shall be reported to the Chief Justice of the High Court.

Conclusion

Remand plays a crucial role in the judicial process, balancing the need for thorough investigations with the protection of individual rights. While it helps ensure that justice is served, it must be used responsibly to prevent undue hardship or violation of legal protections. Understanding remand and its legal implications can help both legal professionals and the general public navigate the criminal justice system more effectively.

Read More:

First Information Report (FIR) | A Comprehensive Overview

Criminal Trial Law | An Ultimate Overview

Classes of Criminal Courts in Pakistan | A Complete Overview