Table Of Contents
- Meaning Of Remand in Cr.P.C
- Need And Purpose Of Remand
- Remand In Constitution
- Types Of Remand
- How Arrest Is Made
- Conditions While Giving Remand
- Can A Remand Order Be Appealed
- How Long A Person Be Held On Remand In Custody
- Whether Bail Application Can Be Lodged During Remand
- Guidelines While Granting Remand
- Police Reports (Challan) And Its Types
- What If Police Report Is Not Completed In Required Time
- Judicial Remand Or Court Remand
- Transit Remand
- Procedure Of Transit Remand Under Cr.PC
The concept of remand in Cr.PC has a very important value in our legal system. But what is remand in Cr.PC? Remand is basically used when the competent authority e.g.; the court is of the opinion that the required investigation cannot be completed in given time and there is reasonable doubt that the concerned person is involved in the offense.
What is the procedure of giving remand under Cr.P.C and what are the guidelines while granting remand? I will try my best to elaborate this important topic in this post.
What Is The Meaning Of Remand In Cr.P.C?
Generally, the word remand means to return or send back. The Legal Definition of remand has two different meanings. Firstly, this term is used to send back the accused or prisoner in the custody of competent authority. Secondly, it is used to send back the cases from the appellate court to the lower court. The case was remanded from the appellate court to lower court when the lower court commits error in a trail.
In the context of detained person remand means to send back the arrested person who is waiting to conclude his trial, to police custody for further interrogation.
Need and Purpose Of Remand
There is a huge discussion that why this Remand is necessary. On following three ground we can say that remand is necessary
- The original purpose of remand in custody was to ensure that the accused attends the court as required
- Protection of victims
- Final disposition of matters for which accused is remanded in custody.
Remand In Constitution
The concept of remand can also be found in the Constitution of Pakistan 1973 Article 10 (1) & (2), which provides us that
10. Safeguards As To Arrest And Detention
(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the nearest magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
Types Of Remand In Pakistan
There are three types of the arrest of remand mentioned in the criminal procedure code 1898 which will be explained as follows:
Police Remand Under Cr.PC/ Physical Remand
It is also called physical remand or (jismani remand in Urdu). This authority is given by the magistrate to the police to keep accused in their custody for certain time period.The person who is arrested for the first time, cannot be detained in custody for more than 24 hours. and he should immediately be produced before illaqa magistrate.
The person who is arrested for the first time, cannot be detained in custody for more than 24 hours. He must be produced before illaqa magistrate immediately after arrest.
How Arrest Is Made
Under section 46 of Cr.PC, it is explained that how arrest should be made. This section says that:
(1) in making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested unless there be a submission to the custody by word or action.
(2) Resisting endeavor to arrest. If such person forcibly resists the endeavor to arrest him or attempts to evade the arrest, such police officer or another person may use all means necessary to effect the arrest.
(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offense Punishable with death or with [imprisonment for life.]
So the bare reading of this section it can be said that in order to arrest the person the police officer has to touch him or use force if that person resists.The force must not be used when the accused person surrenders himself.
Responsibility Of Police Officer After Arrest
After the arrest when the person is in the custody of police section 62 of Cr.PC applies. It says that “Officers in charge of the police station shall report, to the District Magistrate, or, if he so directs, to the Sub-Divisional Magistrate, the cases of all person arrested without the warrant, within the limits of their respective station, whether such persons have been admitted to bail or otherwise.
Under criminal procedure code, every person who is arrested without the warrant has to be produced before the court where the proceeding is pending against him or to the police station or post. The interrogation must not be carried out at any private jail but only at the police station or police post.
Daily Diary Of Police Known As Roznamcha
The moment the person is taken to the police station his name shall be registered or entered in Roznamcha police (Daily Diary of Police). This is document is prepared in those cases where a non-cognizable offense is made out.
The police officer will enter the substance of information in the daily diary of Police Station. A copy of roznamcha is also given to the complainant.
Another copy of the complaint is sent to the concerned judicial magistrate for further action. Police do not have powers to investigate a non-cognizable offense without the orders of the magistrate”.
Columns Of The Daily Diary
Under section 172 of Cr.PC, every police officer who is investigating the case is bound to maintain a daily diary on daily basis. The diary set forth that:
- The time at which the information reached to him
- At what time he began and closed his investigation
- The place of visit
- Statements of circumstances ascertained by his investigation and etc.
- Persons discovered by him to be witness to some offense
Section 167 of Cr.PC throw light on remand but other sections 61, 62, 167, 173 and 344 Cr.PC are also relevant. Now section 167 prescribes that when the investigation of an offense cannot be completed within 24 hours. The accused should be produced before the class first magistrate who may order his remand as he thinks necessary. But the following conditions must be fulfilled.
Conditions While Giving Remand In Cr.P.C
- He should ensure that allegation is well founded on good grounds. If allegation is not well founded he is not bound to entertain order of remand
- To examine police diary: in order to satisfy himself as to the nature of the allegation, the magistrate should examine an official document which is supposed to be maintained by every police officer. Without examining the police diary magistrate cannot grant remand in any case. Police diary is not a public document court cannot take it as evidence but the court may examine to ascertain the nature of the allegation.
- To examine the accused: accused whose remand is sought must be produced before a magistrate for examination. Without producing the accused no police officer can secure physical remand. The magistrate cannot give remand of accused without examining him.
What Is Parcha Remand (Remand Application)
To obtain physical remand a remand application has to be filled by the police officials before the magistrate. This application is called parcha remand.
In this remand application, Police request the court to give them remand for certain period. The court depending on the circumstances of the case may grant remand as is demanded by the police or it can deny.
Subsection (2) of 167 of Cr.PC states that the magistrate is authorized to give remand irrespective of whether he can try that case or not. Even in murder cases, remand is given by the magistrate.
Numerous physical remands can be granted but the aggregate amount should not exceed 14 plus 3 days.
Power Of The Court To Give Remand
The class first and section 30 magistrate can give an order of remand. The session or high court or 2nd or 3rd class magistrate are not authorized to give remand. The class second magistrate can give remand if authorized by the provincial government.
According to section 167(3) of Cr.PC magistrate is bound to record reasons for the passing order of remand. While Considering all the condition and circumstances the magistrate can give remand.
The magistrate should reduce those circumstances in writing and thereafter he must send a copy of the order to the court of session.
Can A Remand Order be Appealed?
The session court is a competent court to revise the order or to cancel the remand given by the magistrate. The order of session court must have sufficient reasons in it. The High Court can also change the order of remand given by session court.
Before passing the order the magistrate has to receive the arguments from both parties accused (against remand) and police (in favor of remand). After considering all arguments magistrate has to reach a conclusion whether remand should be granted or denied.
How Long Be A Person Held On Remand In Custody?
As already explained the aggregate time limit for granting physical or judicial remand in custody is 14 days but extra 3 days’ time is granted to submit incomplete challan.
Rights Of Accused Held In Remand
There is a wrong perception that physical remand means that accused will be tortured by the police in order to get the information relating to the offense. can you contact someone on remand? or can you visit someone on remand? These questions are frequently asked by many. So the accused has certain rights while in custody of police:
1. Right to get legal assistance
2. Right to communicate with relatives
3. Right to get medical assistance if he is sick
4. Right to remain silent and don’t give answer to every question put before him by the police
Whether Bail Application Can Be Lodged During Remand?
Can you get bail on remand? The answer is in YES. When police produce the accused before the magistrate for physical remand the accused can forward bail application. The magistrate can ask the accused counsel to argument on bail application. After hearing arguments the magistrate can order the release of the accused.
On the other hand if the magistrate grant remand of accused, it means the bail application is dismissed.
During physically remand another bail application is not allowed unless the physical remand is expired and the custody of accused is transferred to the court. After the expiry of remand, another bail application can be filed.
Whether to send a person on physical remand or judicial remand is a total discretion of the magistrate. The magistrate must follow the guidelines laid down by the high court while granting remand.
Guidelines While Granting Remand
These are the guidelines which are laid down in Rules and Orders of the High Court. These are as under:
Discharge the accused at once on the ground that there is no cause shown for further detention. Or
Remand him to police custody for a term not exceeding 15 days in whole. A copy of the order is also provided to the Sessions Judge for the purpose that:
- Proceed at once and try the case himself.
- Forward the accused to Sessions judge.
- Physical remand can only be given when the presence of accused is absolutely necessary for the completion of the inquiry.
- In the case of physical remand, the period should be as short as possible.
- In the case of confession, the person must be sent to judicial custody.
There is a very important case in which superior courts have sets the standards while giving remand. Ghulam Sarwar’s case 1984 p.cr.l.j.2588
Guidelines Settled In Ghulam Sarwar’s Case
Following are guidelines laid down in this case:
1. The magistrate shall not authorize the police remand except on the strong and exceptional ground.
2. The magistrate shall record reasons.
3. A copy of the order must be sent to the session judge.
4. After expiry of 15 days magistrate shall require the police to submit complete or incomplete challan and in case challan is not submitted, he shall refuse further detention of the accused and shall release him on bail with or without sureties.
5. Before granting police remand magistrate shall assure about sufficient evidence.
6. No remand in absence of accused.
7. The magistrate shall avoid granting remand at his residence.
8. Opportunity should be given to accused to raise objection.9. The magistrate shall examine police file.
9. The magistrate shall examine police file.
10. If no investigation was conducted after obtaining remand, the magistrate shall refuse to grant further remand.
11. In case complete challan is not submitted magistrate shall commence the trial at the strength of incomplete challan.
12. If challan not submitted within 2 months, the magistrate shall report the matter to Sessions judge and notice to SP Police of the district.
13. No remand for the sack of cooperation which police.
14. The magistrate shall always give reasons for the grant of remand and adjournment.
Police Report Or Challan
While describing the concept of remand. It is very important to explain the police reports which are made by the police under section 173 of Cr.PC. This section says that;
Every investigation shall be completed as soon as possible and without any delay. Police report shall be submitted by the officer in charge of the police station to the public prosecutor so that a magistrate can take its cognizance. This report is made on a prescribed form bearing
7 Columns Of Police Report Or Challan
This report is made on a prescribed form bearing seven columns which are approved by the provincial government this form includes:
1. Name of the person who submits report and name of the aggrieved party.
2. Absconder who is nominated In FIR but could not be arrested and a person who is found innocent by the police
3. Those accused against whom this report is submitted but they are on bail
4. Those accused who are still in police custody
5. Case property or anything received by the police during the investigation which could be used as evidence
6. List of witnesses and
7. Brief facts of all the case
What If Police Report Is Not Completed In Required Time
If the report cannot be completed within 14 days from the recording of first information report known as FIR under section 154 of Cr.PC. The officer in charge of police station will send an interim report (Namukamal Challan) in 3 days to the public prosecutor.
This report will be presented before magistrate then, he has the discretion to start the trail of accused on that report or not. If he finds that this report has sufficient information and grounds to starts a trail he can do so.
After perusal of this section 173 of Cr.PC, it can be said that under this section three types of report are prepared according to the situation
Complete Challan(Mukamal Challan)
After the registration of FIR under section 154 police starts its proceeding. The police collect all evidence and record the statement of witnesses and then prepares complete challan. This complete challan is submitted to the
This complete challan is submitted to the public prosecutor who presents it to the competent court. The court can start the trail on basis complete challan.
Supplementary Challan(Zimni Challan)
In our local language, it is also called as “Zimni”. It is made after completion of final report the reason is that when any new fact is revealed or police get their hands on any new evidence. It records all new facts in this report and this report must be read as an integral part of the final report.
Incomplete Challan(Na Mukamal Challan)
This report is mentioned in the first proviso of section 173 of cr.p.c. When due to any reason final report cannot be completed then the officer in charge of police station have three more days.
The police officer must complete an interim report within 3 days and submit it to the public prosecutor. The public prosecutor relying on this report request the court to start the trail.
The police officer must complete an interim report within 3 days and submit it to the public prosecutor. The public prosecutor relying on this report request the court to start the trail.
Now there are some remedies which I want to discuss here. Sometimes the challan is not completed within required period due to this delay, the accused who has not yet proved as guilty suffers most.
So what an accused can do when this challan cannot be completed in time.
Application Under Section 561-A Of Cr.PC
The accused can file an application in the high court stating that the prosecution has not any solid proof to prove his guilt. The required time for submitting the report has also lapsed.
Hence it shows their malafidness and incompetence so the charges against him must be quashed and be released.
Application Under Section 249-A Of Cr.PC
An application under this section can only be filed if the trial commenced in the court of magistrate. And if the police report is not submitted and magistrate also has the opinion that the accused cannot be proved guilty so he can release the accused on two grounds1. Groundless: the charge made is groundless in whole or
1. Groundless: the charge made is groundless in whole or2. Probability: that there is a very weak probability that accused will be convicted
2. Probability: that there is a very weak probability that accused will be convicted
Application Under Section 265-k Of Cr.PC
If the trial commenced in the session court and no challan is submitted in required time. The accused can submit an application under section 265-K Cr.PC. The Format of this application is also provided in it.
When the police remand ends then there are two possibilities. Either accused is released on bail under section 496 and 497 of Cr.PC. He can be discharged from the court under section 63 of Cr.PC or he will be sent on judicial remand. We can say that where police remand ends judicial remand starts.
Judicial Remand Or Court Remand
The accused is remanded by the judiciary to send him back to jail. It is granted by every criminal court where the case is pending. It can be given by the magistrate or court of session or high court.
It is not subject to any time limit and it continues as long as the court deems it necessary. Until the case is pending in court the judicial remand continues.
The court cannot give remand for more than 15 days consecutively. While giving remand the accused must be produced before the court. After examination, if the court thinks fit it can give remand.
The judicial remand is granted under section 344 of Cr.PC which is as under:
Power To Postpone Or Adjourn Proceedings.
(1) If, from the absence of a witness or any other Reasonable cause, it becomes necessary or advisable to postpone the commencement of or adjourn any Inquiry or trial.
The Court may, if it thinks fit, by order in writing, stating the reasons therefore from time to time, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody
Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time.
(2) Every order made under this section by a Court other than a High Court shall be in writing signed by the Presiding Judge or Magistrate
Explanation. Reasonable Cause For Remand
If sufficient evidence has been obtained to raise a suspicion. The accused may have committed an offense, and it appears likely that further evidence may be obtained by a remand. This is a reasonable cause for a remand.
According to section 344 every criminal court can1. Postpone proceeding
1. Postpone proceeding2. Adjourn proceeding
2. Adjourn proceeding3. Remand the accused on detention if he is in custody
3. Remand the accused on detention if he is in custodyJudicial remand can be granted by any court. It is not subject to any particular time, it is not for the purpose of investigation but it is given by the
Judicial remand can be granted by any court. It is not subject to any particular time. It is not for the purpose of the investigation but it is given by the Court only in relation to trial business.
Some Decision Of The Court On This Matter
Under section 344 Cr.PC it is the duty of the police officer to furnish justification for the detention of accused in custody. If challan under 173 Cr.PC has not been filed and trial is not commenced 2009 SCMR 141
Session court cannot adjourn case for a very long period 1990 PCrLJ 555
Grant of remand in routine and on Robkars without accused being physically produced amounts to violating the object behind this section PLD 1999 Pesh. 39
Duty Of Court Emphasized On Remand
The Court can start trail on the basis of an interim report under section 173 of cr.pc. If the commencement of trial is to be postponed then the court must record the reason in writing. Section 344 Cr.PC cast a heavy duty on
Section 344 Cr.PC cast a heavy duty on the court to commence the trial as early as possible and not to adjourn the case on flimsy grounds.
The court is also duty bound to ensure submission of complete challan report under section 173 Cr.PC without any unnecessary delay 2009 SCMR (b) 181.
Transit remand under Cr.PC is explained in section 86 of Cr.PC. The transit remand in Cr.PC is given in a journey and in the course of transportation from one place to another.
For example, an offense is committed in Islamabad but the offender is arrested in Karachi. In this case, police will obtain transit remand order of accused to produce him in the court where the case is started.
He can be shifted to Islamabad where the case is pending against him for more than 24 hours, he will be produced before the superintendent of police or magistrate of the area where the arrest is made.
Procedure Of Transit Remand Under Cr.PC
The SP or magistrate can give transit remand order. Transit remand will enable the police to shift the person in custody from the place of arrest to the place where he is to be investigated.
Duration of transit remand order can be for 1 to 7 days but not more than that. The wording of this section is as follows:
Procedure By Magistrate Before Whom Person Arrested Is Brought.
Such Magistrate or District Superintendent shall if the person arrested appears to be the person intended by the Court which issued the warrant, direct his removal in custody to such Court:
Provided that, if the offense is bailable, and such person is ready and willing to give bail to the satisfaction of such Magistrate, District Superintendent or a direction has been endorsed under section 76 of Cr.PC on the warrant and such person is ready and willing to give the security required by such direction, the Magistrate, District Superintendent shall take such bail or security, as the case may be, and forward the bond to the Court which issued the warrant:
[Provided further that, if the offense is not bailable or no direction has been endorsed under section 76 on the warrant, the Sessions Judge of the Sessions division in which the person is arrested may, subject to the provisions of section 498 of Cr.PC and for sufficient reasons release the person on an interim bail on such bond or security as the Sessions Judge thinks fit and direct the person to appear by a specified date before the Court which issued the warrant and forward the bond to that Court. Nothing in this section shall be deemed to prevent a police officer from taking security under section 76.
Bail In Transit Remand
After reading the above section it can be said that if the offense is bailable and the arrested person is ready to give security to the satisfaction of the magistrate. The bail should be granted to the accused. So he can appear before the competent court.
If the offense is not bailable under the second proviso of this section. Even then accused can be admitted to interim pre-arrest bail by the session judge of the session division in which accused is arrested by making accused bound to appear before the court in other districts of the same province.
What is remand in law? The remand in law means is to take a person in the custody of the jail. There are mainly three types of remand.
First the police remand under Cr.PC is granted under section 167. It’s also called physical remand which is used by the police to make investigation from the accused. Though, there are many restrictions which are imposed by the superior court while giving remand.
The second type is judicial remand which used when the proceeding cannot be started because of any other reason. The court of magistrate or session sends the accused back to judicial lock-up.
The third type is transit remand which is used by the court when the accused committed an offense and goes beyond the jurisdiction of the court.
The court sends warrant for the arrest of that person to that court in whose jurisdiction that accused resides. Then that court arrest that person and transfers to the court in which his trail will be held.