Police Remand

Section 41 of the CrPC gives the court the power to arrest. Section 57 of the Code of Criminal Procedure,1973 states that no police officer shall detain in custody a person arrested without a warrant 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, exceed twenty- four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court. And section 167 gives the provision for in case when the investigation is not completed within 24 hours. Clause (2) of Article 22 states that the “Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.” Further, Article 22 also states that When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order. Section 167 of the CrPC further states that Whenever any person is arrested and detained in custody and it appears that the investigation cannot be completed within the period of twenty- four hours fixed by section 57, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate. In the case of D.K. Basu V. The State of West Bengal (AIR 1997 S.C. 610) the court stated and laid down the important guidelines for the police regarding the arrest and the remand.In the case of Ram Doss..V/s… The state of Tamilnadu, 1993 Cr.L.J. 2147 Hon’ble Madras High Court has held that while granting remand U/sec. 167 Cr.P.C. a Magistrate has to see : (i) The grounds why detention beyond 24 hours is sought for. (ii) If there is a report disclosing cognizable offense. (iii) If the case has been registered for investigation. But a Magistrate cannot question why such case has been entertained in absence of material therefore.http://mja.gov.in/Site/Upload/GR/Title%20NO.84(As%20Per%20Workshop%20List%20title%20no84%20pdf).pdf

When the accused is under police remand then it is the duty of the police to record the reasons as to why the accused is under remand and send it to the District Magistrate.In the case of C.B.I. V/s Anupam Kumar (2000) 9 Supreme Court Cases page 266, the Honorable Apex Court has observed that Sec. 167
(2) provides that at a time accused can be remanded for 15 days. If further detention of the accused is necessary on the satisfaction of the Magistrate further detention in Magisterial custody can be allowed.http://mja.gov.in/Site/Upload/GR/Title%20NO.84(As%20Per%20Workshop%20List%20title%20no84%20pdf).pdf

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