Remand Procedures in Legal System
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 1
st
class magistrate
Section 30 magistrate.
A 2
nd
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.
Thanks
Remand in the legal context refers to the act of sending an accused or prisoner back to the competent authority. It involves pre-trial detention or provisional detention to aid investigation, collect evidence, ensure court attendance, and protect victims. Different kinds of remands exist such as police, judicial, and transit remands, each serving a specific purpose within the legal system.
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Presentation Transcript
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 competent authority. custody of a
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 1stclass magistrate Section 30 magistrate. A 2ndclass 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.
