Published By: advocateonline.pk
Written By: Advocate Afshan Saleem
If you are arrested by the police in Pakistan, you may be sent to either police custody or judicial custody by a magistrate. These are two different types of remand, and they have different implications for your rights and your bail application. In this blog post, we will explain what is remand, what are the differences between police remand and judicial remand, and what are the guidelines for granting or refusing remand by the magistrate.
Post Contents:
What is remand?
What is police remand?
What is judicial remand?
Conclusion
What is remand?
Remand is the act of sending a prisoner back to custody while the investigation or trial is pending. According to Section 167 of the Code of Criminal Procedure (CrPC), the police is duty bound to complete the investigation within 24 hours and present the arrested person before a magistrate along with an application for physical remand. If the investigation is not completed within 24 hours, the magistrate can either discharge the accused, remand him to police custody for a term not exceeding 15 days in total, try the case himself, forward the case to a sessions judge or send the accused to judicial custody.
What is police remand?
Police remand or physical remand is when an accused is sent to the custody of the police by a magistrate. The purpose of police remand is to allow the police to interrogate the accused and collect evidence. However, police remand can also be misused by the police to torture or extort confessions from the accused. Therefore, the magistrate should not grant police remand except on strong and exceptional grounds and should record reasons for doing so. The magistrate should also send a copy of his order to the session judge.
The duration of police remand should be as short as possible, and should not exceed 15 days in total. The magistrate should also ensure that there is sufficient evidence to justify police remand and that the presence of the accused is necessary for the completion of the inquiry. If the accused confesses to police remand, he should be sent to judicial custody immediately.
What is judicial remand?
Judicial remand or judicial custody is when an accused is sent to a judicial lock-up or jail by a magistrate. The purpose of judicial remand is to prevent the accused from tampering with evidence or influencing witnesses. Judicial remand also protects the accused from police brutality or illegal detention. Judicial remand can be granted for a period of up to 90 days for cases punishable with death, life imprisonment or imprisonment for more than 10 years, and up to 60 days for other cases.
During judicial remand, the accused can apply for bail before the magistrate or the session judge. The magistrate can also require the police to submit a complete or incomplete challan (charge sheet) within 15 days of judicial remand, and if they fail to do so, he can release the accused on bail with or without sureties.
Conclusion
Remand is a crucial stage in criminal proceedings in Pakistan, as it affects the rights and liberties of the accused. Therefore, it is important to understand the difference between police remand and judicial remand, and the guidelines for granting or refusing them by the magistrate. Police remand should be granted only when necessary for investigation, and judicial remand should be granted only when there is a risk of tampering with evidence or witnesses. The accused should also be allowed to apply for bail during judicial remand.
