Remand means the act or an instance of sending something (case) or an accused back for further action.
KINDS OF REMAND
There are two kinds of remand namely:
(1). Police remand
(2). Judicial remand
According to section 61 of Cr.P.C , the investigating police shall keep the accused in police station for only 24 hours of his time of arrest, and thereafter, if the investigation of the case is not completed, the investigation officer apply to the illaqa magistrate for the physical remand of the accused.
Section 344 CRPC contemplates remand of the accused in the judicial lock up after initiation of the proceedings in the court.
Section 167 of Cr.P.C provides that in certain cases
detention in the police custody of the arrested person may be permitted so that
the police may complete investigation and decide whether to proceed under
section 169 or 170 of Cr.P.C.
However, before a magistrate can make an order of remand, the accused person must have been arrested by the police for the purpose of offence which is investigated and forwarded to the magistrate.
Illaqa Magistrate is competent to grant physical remand of the accused. But order for grant of physical remand of the accused must be passed with all seriousness keeping in view the relevant law and instruction about grant of remand to police incorporated in chapter 25 of police rules of 1934.
The only ground for granting remand by the magistrate is to see the nature of accusation nd grounds to believe that the same is well-founded against the accused.
While granting a remand the magistrate must have before him "a copy of the entries in the diary".
However, before a magistrate can make an order of remand, the accused person must have been arrested by the police for the purpose of offence which is investigated and forwarded to the magistrate.
Illaqa Magistrate is competent to grant physical remand of the accused. But order for grant of physical remand of the accused must be passed with all seriousness keeping in view the relevant law and instruction about grant of remand to police incorporated in chapter 25 of police rules of 1934.
The only ground for granting remand by the magistrate is to see the nature of accusation nd grounds to believe that the same is well-founded against the accused.
While granting a remand the magistrate must have before him "a copy of the entries in the diary".
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