Police Remand - Physical Remand - FIR and Remand Information For Every Citizen of Pakistan - Law
Police Remand
Police custody
A Comparative Study of Pakistani Criminal Law
Rem (Remand )and is commonly called in common law jurisdictions as pre-trial detention. The detention and rem and of an accused is the process of keeping an accused, who has been arrested is either in police custody or judicial custody. In rem and accused is kept in custody without trial, is considered to be in contradiction to the idea that an accused is innocent until proven guilty and for this reason pre-trail detention is usually subject to safe guards and restrictions as to its permissible period. In situations where court cannot be persuaded the accused should released on bail unless the public safety is at risk.
Meaning of Rem and (Reference to Black’s Law Dictionary)
To rem and a prisoner means after a preliminary or partial hearing before a court or magistrate, is to scud him back to custody, to be kept until the hearing is resumed or the trial comes on.
To rem and a case, brought into an appellate court or removed from one court into another, is to send it back to the court from which it came, that further proceedings in the case, if any, may be taken there.
PAKISTANI LAW
Section 167 of Criminal Procedure Code throw light on rem and. The section is read in conjunction with other sections 61, 62, 173 and 344 Cr.P.C. There are two kinds of rem and, one is physical rem and and second is judicial rem and. Physical custody of the accused is called in common language as physical rem and i.e when an accused is sent to custody of police, by magistrate, it is called physical rem and. Whereas when the accused is sent to judicial lock up/jail, it is called judicial rem and.
The Article 9 of the Constitution of Pakistan guarantee that no person would be deprived of life or liberty save as in accordance with law. According to Art.10 of Constitution of Pakistan provide a safeguard as to arrest and detention. The Courts should be mindful of the said Articles before rem anding the accused to police custody or postponing the commencement of trial.
The above discussed provisions of Cr.P.C. read in conjunction with the constitutional provisions reveal that police is duty bound to complete the investigations within 24 hours and if police fail to complete the investigations, police must present the arrested person to the magistrate along with application of physical rem and. It’s the discretion of the magistrate whether to send a person on physical rem and or judicial rem and subject to the following guide lines laid down by the High Court.
Discharge the accused at once on the grounds that there is no cause shown for further detention. (S.63 Cr.P.C.)
Rem and him to police custody for term not exceeding 15 days in whole and send copy of his order with reasons for making it to the Session Judge. ((S.167 Cr.P.C))
Proceed at once to try a caused himself. ((S.190 Cr.P.C))
Forward the accused to Session Judge. (S.190 Cr.P.C)
There are certain conditions for grant of rem and which are as follows:-
Physical rem and can only be given when presence of accused is absolutely necessary for the completion of inquiry.
In the case of physical rem and period should be as short as possible
In case of confession person must be sent to judicial custody.
Following are some important points which a magistrate/judicial officer should keep in mind related to rem and:-
Magistrate should discourage tendency of police to take rem and to extort confession.
Magistrate can discharge the accused at the time of rem and.
Fifteen days rem and should not be allowed at one stretch.
Rem and in absence of accused is not only illegal but also violation of article 10 of the Constitution of Pakistan.
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