There are 18 basic principles for granting physical remand Following principles are laid by High Court for granting of physical Remand .
(1) During first 14 days the magistrate may authorizes the detention of the accused in judicial custody liberally butt shall not authorizes the detention in the custody of the police except on strong and exceptional grounds and that too, for the shortest possible period.
(2) The magistrate shall record reasons for the grant of remand.
(3) The magistrate shall forward a copy of his order passed under section 167, Cr P.C to the Sessions Judge concerned.
(4) After the expiry of 14 days, the magistrate shall require the police to submit complete or in complete challan and in case, the challan is not submitted, he shall refuse further detention of the accused and shall release him on bail with or without surety.
(5) After the expiry of 14 days no remand shall be granted unless, the application is moved by the police for the grant of remand / Adjournment.
(6) The application moved by the prosecution/ police after the expiry of 14 days of the arrest of the accused, be treated as an application for adjournment under section 344,Cr P.C.
(7) Before granting remand, the magistrate shall assure that evidence sufficient to raise suspicion that the accused has committed the offence has been collected by the police and that further evidence will be obtained after the remand is granted.
(8) The magistrate shall not grant remand / adjournment in the absence of the accused.
(9) The magistrate should avoid giving remand/ adjournment at his residence.
(10) The magistrate shall give opportunity to the accused to raise objection, if any, to the grant of adjournment/ remand.
(11) The magistrate shall record objection which may be raised by an accused person and shall give reasons for the rejection of the same.
(12) The magistrate shall examine police file before deciding the question of remand.
(13) If no investigation was conducted after having obtained remand, the magistrate shall refuse to grant further remand.
(14) The magistrate shall not allow remand after two months (which is a reasonable time) of the arrest of the accused unless it is unavoidable.
(15) In case, complete challan is not submitted, the magistrate shall commence trialon the strength of in complete challan and examine the witnesses given in the list of witnesses.
(16) If the challan is not submitted within two months, the magistrate shall report the matter to the sessions judge of the district and also bring the default of the police to the notice of superintendent of police of the district.
(17) The magistrate shall not grant remand mechanically for the sake of co-operation with the prosecution/ police.
(18) The magistrate shall always give reasons for the grant of remand and adjournment.
The magistrate should realize that they are answerable and accountable to the high court for the illegalities and irregularities done by them ant that the high court under section 439 Cr P.C.
FAQs about remand
Q: What is remand?
Ans: Remand refers to the act of temporarily detaining an individual who is awaiting trial or pending further legal action. When someone is remanded, they are held in custody until their court appearance or until their case progresses to the next stage.
Q: Why would someone be remanded?
Ans: There are several reasons why someone may be remanded. It typically occurs when the court believes that the individual poses a flight risk, a danger to the community, or a risk of tampering with evidence or witnesses. Remand can also be used when the court needs more time to gather information or make a decision on a case.
Q: What is the difference between remand and bail?
Ans: The key difference between remand and bail is that remand involves the detention of an individual, while bail allows the person to be released from custody under specific conditions. When a person is remanded, they are held in custody without the option of bail.
Q: How long can someone be remanded?
Ans: The length of time someone can be remanded varies depending on the jurisdiction, the severity of the case, and the specific circumstances. In some cases, remand can be for a few days or weeks, while in more complex cases or serious offenses, it can last for months or even longer.
Q: Can someone be remanded without a trial?
Ans: Yes, it is possible for someone to be remanded without a trial. Remand can occur at various stages of the legal process, such as during the pretrial phase when the court is gathering evidence or determining whether the individual should be granted bail. However, it is important to note that a person who is remanded without a trial is still presumed innocent until proven guilty.
Q: Can remand be appealed?
Ans: In many legal systems, decisions regarding remand can be appealed. If an individual believes that the remand order was unjust or inappropriate, they can usually file an appeal with a higher court. The specific procedures for appealing a remand order may vary depending on the jurisdiction.
Q: Can someone be released from remand?
Ans: Yes, it is possible for someone to be released from remand. This can occur if the court determines that the individual no longer poses a flight risk or a danger to the community, or if new evidence comes to light that weakens the case against them. Additionally, if the person is granted bail at a later stage, they can be released from remand.
Q: Can a person be remanded more than once?
Ans: Yes, it is possible for a person to be remanded multiple times, especially if their case involves different stages of the legal process or if new charges are brought against them. Each remand order is typically based on the specific circumstances and the court's assessment of the individual's situation at that particular time.
Q: Does remand guarantee a conviction?
Ans: No, remand does not guarantee a conviction. When someone is remanded, they are still considered innocent until proven guilty in a court of law. The purpose of remand is to ensure the person's presence for trial or to protect public safety and the integrity of the legal process. The final decision on guilt or innocence is determined by the court based on the evidence presented during the trial.
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