Remand and its Types
Meaning
- The dictionary definition of "remand" is to return or send back. In legal terms, it refers to:
- Sending the accused or prisoner back to the custody of a competent authority.
- Sending a case back to the same court or a lower court for further action or re-hearing.
- Sending a detained person back to police custody for further interrogation.
Need and Purpose
- Remand becomes necessary for the following reasons:
- Ensuring the accused attends court hearings as required.
- Protecting victims.
- Final disposition of matters for which the accused has been remanded in custody.
Constitutional Status
- The concept of remand is also mentioned in the Constitution of Pakistan 1973. According to Article 10(2), any person arrested and detained in custody must be produced before a Magistrate within 24 hours, excluding travel time, and cannot be detained without the authority of a Magistrate.
Types
1. Police Remand or Physical Remand
- When the investigation of an offense cannot be completed within 24 hours, the accused is produced before a First-Class Magistrate who may order remand.
- Physical remand can be granted multiple times, but the total duration should not exceed 14 days plus an additional 3 days, if necessary.
- To obtain physical remand, the police file an application called "parcha" remand, requesting the court for a specific period of remand.
- The court can grant or deny the remand based on the circumstances of the case.
- The accused held in remand has certain rights, including the right to legal assistance, communication with relatives, medical assistance if sick, and the right to remain silent.
2. Judicial Remand
- Under Section 344 of the Code of Criminal Procedure 1898, an accused can be remanded by the judiciary and sent back to jail.
- This order can be given by a Magistrate, Court of Sessions, or High Court.
- There is no fixed duration for judicial remand, and it continues as long as the case is pending before the court.
- The court can postpone or adjourn proceedings and remand the accused to detention if the accused is in custody.
- Judicial remand is effective only when the accused is in custody and cannot be applied if the accused has been discharged or released on bail.
3. Transit Remand
- Transit remand is applicable when an offense is committed in one place, but the offender is arrested in another place.
- The offender can be shifted to the place where the case is pending within 24 hours.
- The Superintendent of Police (SP) or Magistrate of the arrest area can give the order for transit remand.
- Transit remand allows the police to transfer the person in custody for investigation.
- The duration of transit remand can be between 1 and 7 days.
Please note that the views expressed in this article are those of the author and