Remand and its Kinds
Prepared by: Imtiaz Ullah Khan
Civil Judge/Judicial Magistrate-X,
Mansehra
Meaning
The dictionary meaning of the word
‘remand’ means to return or send
back.
It also means pre trial detention or
preventive detention or provisional
detention
Legal Definition
This term is used to refer to the
sending back of the accused or
prisoner to the custody of a
competent authority.
Purpose
The purpose of remand is to
facilitate completion of investigation
and to collect evidence.
To ensure the accused attends the
court hearing as required.
For the protection of victim.
Power of the court to give Remand
A 1st class magistrate
Section 30 magistrate.
A 2nd class magistrate if authorized
by Provincial Govt.
Constitutional Protection
Article 10 (2). Safeguard as to arrest
and detention.
Remand Application
To obtain remand police has to file
an application before magistrate
called “Parcha Remand”.
Section 61 CrPC
No person so arrested, could be
detained in police custody for more
than 24 hours.
Section 167 CrPC
Non completion of investigation
within 24 hours:
The person so arrested shall be
produced before magistrate.
Whom may produce
• Not below the rank of sub inspector .
Kinds of Remand
1. Police Remand or Physical
Remand.
2. Judicial Remand.
3. Transit Remand.
Police Remand or Physical Remand
when accused is sent back to custody
of police.
Judicial Remand
When accused is sent to judicial
lockup or jail.
Transit Remand
Means on a journey and in the
course of transportation from one
place to another.
Right of accused held in remand:
Rights of accused during Remand.
get legal assistance;
communicate with relatives;
receive medical assistance if sick;
and
remain silent.
Conclusion
To facilitate investigation.
To collect evidence.
To curtail the illegal detention of citizens.
To curtail abuse of process of law.
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