What is Remand?
According to section 167 crpc provides for situation when the investigation cannot be completed within 24 hours. This section is in the nature of an exception to section 61 crpc, which provides that a Police officer shall not detain an arrested person for a longer period than under all the circumstances of the case is reasonable and such period shall not in the absence of a special order of a magistrate under section 167 crpc exceed 24 hours. These two sections contemplate that an investigation is to be completed within 24 hours of the arrest of a person but if the investigation cannot be completed within that period then police officer shall forward the accused to the nearest magistrate along with a copy of the entries in the diary moistened under section 172 crpc. The magistrate to whom the accused is so forwarded may authorize detention of the accused for such custody as such magistrate thinks fit for a term nor exceeding 15 days in the whole. If the magistrate is not the trial magistrate and he thinks that further detention is unnecessary he may order the accused to be forwarded to the trial magistrate.
Kinds of Remand
- Physical Remand. When a person/accused is sent to the custody of police by the magistrate it is called Physical remand.
- Judicial Remand. When the accused is sent to the Judicial lock up /jail it is called Judicial remand.
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