Remand | Kinds of Remand | Police Remand
This video turn around the kinds of remand in Pakistan
Three types of remand can come into play when an individual is arrested:
1.Police Remand or Physical Remand
Section 167 of the Code of Criminal Procedure (CrPC) 1898 sheds some light on the matter but other sections including Sections 61, 62 and 173 of CrPC are also relevant. According to Section 167, when the investigation of an offence cannot be completed within twenty four hours, the accused is to be produced before a First-Class Magistrate who may order remand as deemed necessary. The Magistrate is authorized to give remand irrespective of whether he or she can try that case. Remand can also be given by the Magistrate in murder cases.
2.Judicial Remand
Under Section 344 of the Code of Criminal Procedure 1898, an accused can get remanded by the judiciary and be sent back to jail. This order is granted by criminal courts where some cases may be pending. This order can be given by a Magistrate, Court of Sessions and High Court. There is no fixed duration for judicial remand. It is not subject to any time limit and continues as long as the case pending before the court. Judicial remand is effective only when the accused is in custody.
3.Transit Remand
In the context of Section 86 of the Code of Criminal Procedure 1989, transit means “on a journey” and in the course of transportation from one place to another. For example, if an offence is committed in Islamabad but the offender is arrested in Karachi, the offender can be shifted to Islamabad, within twenty four hours, where a case is pending against him. He will be produced before the Superintendent of Police (SP) or Magistrate of the area where the arrest will be made. The SP or Magistrate can give the order for transit remand. Transit remand would enable the police to shift the person in custody from the place of arrest to the place where he is to be investigated. The duration of transit remand can be between 1 and 7 days, but not more.
Police Remand or Physical Remand. Section 167 of the Code of Criminal Procedure (CrPC) 1898 sheds some light on the matter but other sections including Sections 61, 62 and 173 of CrPC are also relevant.
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Remand | Kinds of Remand | Police Remand
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