Physical Remand (Jismani Remand)
1. What is physical remand (Jismani remand).
2. Torture
3. When and why physical remand is obtained by police? (Purpose)
4. For how many days physical remand can be granted other than special cases like NAB, terrorism etc?
5. Principles for remand by Magistrate.

6. If accused is a female?

7. Rules and Orders Of Lahore High Court, Lahore


1. What is physical remand (Jismani remand)

When an accused is sent to custody of police, by magistrate, it is called Physical Remand

2. Torture
Police is not authorized to torture the accused


3. When and why physical remand is obtained by police?
a. After FIR, if police arrests an accused
b. The police cannot detain the accused for more than 24 hours
Section 61 of Cr.PC-

“61. Persons arrested not to be detained more than twenty-four hours: No police officer shall detain in custody a person arrested without warrant for period longer 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”
c. If he want to detain the accused for more days, he have to get permission from the Magistrate.
d. The police officer through a written application, shall request to Magistrate

Section 167 of Cr.PC :-

167. Procedure when investigation cannot be completed in twenty-four hours:

(1) 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 61, and there are grounds for believing that the accusation or information is well founded, the officer incharge of the police-station or the police-officer making the investigation if he is not below the rank of the sub-inspector, shall forthwith transmit to the nearest 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.







Purpose: to complete investigation, to effect recovery, for pointation of other co accused etc.


4. For how many days physical remand can be granted other than special cases like NAB, terrorism etc?

a. 15 days in the whole. (14 days + 1 day in which accused
was already in police custody)
b. Time to time (1 day, 2 days,3 days etc)

5. Principles for remand by Magistrate.

When Granting physical Remand

a. Remand is not to be given mechanically for cooperation with the police.
b. Magistrate shall see that evidence sufficient to raise suspicion against the accused has been collected and further evidence is to be collected after remand.
c. Shortest Periods
d. Strong and exceptional grounds.
e. Reasons for remand are to be recorded by Magistrates.
f. Copy of remand order U/S 167, Cr.P.C. shall be sent to the Sessions Judge.
g. Presence of the accused.
h. If accused raises any objections, these should be recorded.

When rejecting physical remand
a. The Magistrate shall look into the police file before granting remand, and if no investigation is made during the remand period police is not to be given further remand.
b. Reasons for rejecting the objections of the accused are to be given.

6. If accused is a female?

a. The Magistrate shall not authorize the detention of the accused in police custody

b. Police officer making an investigation shall interrogate the accused in the prison in the presence of an officer of jail and a female police officer.

c. The officer Incharge of the prison shall make appropriate arrangements the admission of the investigating police officer into the prison for the purpose of interrogating the accused.

d. If for the purpose of investigation, it is necessary that the accused be taken out of the prison, the officer incharge of the police station or the police officer making investigation, not below the rank of sub-inspector, shall apply to the Magistrate in that behalf and the Magistrate may, for the reasons to be recorded in writing, permit taking of accused out of the prison in the company of a female police officer appointed by the Magistrate:

e. The accused shall not be kept out of the prison while in the custody of the police between sunset and sunrise ]


7. RULES AND ORDERS OF LAHORE HIGH COURT, LAHORE
Volume III
Instruction to Criminal Courts
Chapter-11
PART B -- REMANDS TO POLICE CUSTODY
An accused person who has made a confession before a Magistrate should be sent to the Judicial lock-up and not made over to the Police after the confession has been recorded.


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