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Remand Proceedings Under Cr.p.c.

#sachinkumarpingle #feelthelife # Remand Proceedings While examining the powers of magistrate regarding the remand proceed, we need to examine the provisions of S.-167 of Cr.P.C. along with the provisions of Chapter-1, of the Criminal Manual. Provsions of S.-167 of Cr.P.C. The analysis of S.-167 of Cr.P.C. gives rise to the following points. 1) Quantum of Remand : According to S.-167 of Cr.P.C. whenever, any person is arrested and detained in custody and it appears that, the investigation cannot be completed within the period of 24 hours (fixed by S.-57) and there are grounds for believing that, the accusation or information is well founded, the officer-in-charge of a police station, must forthwith transmit to the nearest Judicial Magistrate, a copy of the entries in his diaries and at the same time, forward the accused to such magistrate. The magistrate may then authorize the detention of the accused in such custody (Police Custody) as he thinks fit, for any term, not exceeding 15 days in all. Thus, the detention of the accused for the period of 24 hours immediately after the arrest, has itself been authorized by law. The further detention by the order of magistrate, is just the authorization as per the needs of the investigation. It is therefore, police has to give the grounds for further detention. It is needless to say that, if there are no cogent and satisfactory grounds, shown by the police then such further authorization cannot be granted. 2) Maximum Period of Detention in M.C.R. It is provided that, Magistrate may authorize the detention of the accused person otherwise than in a police custody (i.e. M.C.R.) for not more than 90 days Where the offence is punishable with death, life imprisonment, or imprisonment of 10 years or more and not more than 60 days, if the offence is punishable otherwise than referred to above. On the expiry of the above said period, if charge sheet is not filed by the police, the accused gets the right to be enlarged on bail, if he is able to furnish the same. Provisions of Chapter-1 Para-4 to 7 of Criminal Manual: These provisions can be summarised as follows- 1) The law requires that, magistrate should not allow remand (P.C.R.) without being satisfied that, there are really good grounds for it. 2) S.-167(1) of Cr.P.C. makes it obligatory on the police to send copies of entries in diary relating to the case, when the accused is produced. 3) Accused must be produced before the magistrate for remand and signature of the accused on remand report is the proof of his presence. 4) Police custody should not be ordinarily granted, unless there is reason to believe that, material and valuable information would thereby by obtained. 5) If magistrate thinks that, in the facts and circumstances brought before him, the presence of the accused with police for investigation is necessary, it will be a good reason to grant P.C.R.