In criminal law, the concept of remand has a significant value. To understand the whole concept you should also know the types of remand in CrPC. If you ask what is remand in Cr.PC? The simple answer is that “Put under official custody”. When the competent court is of the opinion that the required criminal investigation couldn’t be completed in a given time and there is reasonable doubt that the concerned person is involved in the offense. Then the court allows police to hold that person in their custody for 14 days.
In this article, we will explain what is remand? What is the procedure of granting remand in Pakistan? What are the types of remand and what are the guidelines while granting remand?
We wil also cover these questions in this article;
- What is the difference between judicial remand and physical remand (Jismani remand)?
- What is transit remand in CRPC?
- What happens when on remand?
- How long can someone be held on remand in Pakistan?
- Legal Meaning of Remand
- Types of Remand in Pakistan
- Police Remand Under CrPC
- Whether Bail Application can be Lodged during Physical Remand?
- Daily Diary of Police Known as Roznamcha
- Can you Appeal the Order of Police Physical Remand?
- Guidelines For Magistrate to Grant Physical Remand to Police
- Ghulam Sarwar’s Case
- Types of Police report (Challan) in CR.PC Pakistan
- Remedies for Accused held in Remand
- Judicial Remand/ Court Remand
- Transit Remand
What is the Legal Meaning of Remand?
Generally, the word remand means to return or send back. In legal terms, the remand has two different meanings.
- Firstly, it is used to send back the accused or prisoner in the custody of a competent authority.
- Secondly, it is used to send back the cases from the appellate court to the lower court.
For the purpose of this article, we will use the first meaning of the remand. In this scenario, the arrested person is held in custody when he is waiting to conclude his criminal trial or police demand custody for further interrogation.
Need and Purpose Of Remand
There is a huge discussion on why Remand is necessary. The following three ground shows ys the importance of types of remand.
- The original purpose of remand in custody was to ensure that the accused attends the court as required
- Protection of victims
- The final disposition of matters for which the accused is remanded in custody.
Concept of Remand in Pakistan’s Constitution
The concept of remand is also mentioned in the Constitution of Pakistan 1973 Article 10 (1) & (2), which provides 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 different types of remand in Pakistan. The procedure these types of remand is also mentioned in the criminal procedure code 1898 which is as follows:
- Police Remand/ Physical Remand/ Jismani Remand
- Judicial Remand
- Transit Remand
1. Police Remand Under CrPC
Also known as physical remand or jismani remand in Urdu. The magistrate of the concerned police station has the authority of granting the police remand of the accused. The custody of the accused is given to the police to keep in lockup for a certain time period i.e. 14 days.
The law imposed restrictions on the person that when they arrest a person for the first time, they cannot detain him in custody for more than 24 hours. Within 24 hours the accused must be produced before the illaqa magistrate.
What is the Procedure of Arresting the Accused in Pakistan?
The whole process of arrest is explained in CRPC 1898. Under section 46 of Cr.PC, it is explained how the arrest should be made. The law state 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 a 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.]
The bare reading of this section shows that when the police or any other authorized person arrests the accused he has to touch the body of the person and must not use force (if accused doesn’t resist).
Responsibility of Police Officer after the Arrest
Once the arrest is made the section 62 of CR.PC becomes operative. 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.
In every criminal case, persons who are arrested with or without the warrant must be produced before the court where the proceeding is pending against him or to the police station or post.
The police cannot interrogate accused at any private jail but only at the police station or police post, after magistrate approval.
Daily Diary of Police Known as Roznamcha
The moment a person is taken to the police station his name shall be registered in Roznamcha police Diary (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”.
No. of Columns in the Police Diary
Under section 172 of Cr.PC, every police officer who is investigating the case is bound to maintain a daily diary on a daily basis. The police 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 a visit
- Statements of circumstances ascertained by his investigation etc.
- Persons discovered by him to be witness to some offense
Section 167 of Cr.PC throw light on remand while sections 61, 62, 167, 173, and 344 Cr.PC are supplementary for this process.
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 the 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 that 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 the accused without examining him.
What Is Parcha Remand (Remand Application)
When police require physical remand of accused, it writes a remand application on simple paper and submits it via police officials before the illaqa magistrate. This application is called parcha remand.
In the application of physical remand, police request the court to give them remand for a 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, a remand is given by the magistrate.
Numerous physical remands can be granted but the aggregate amount should not exceed 14 days.
Power Of The Court To Give Remand
Only the class first magistrate and section 30 magistrate can order remand. The session or high court or 2nd or 3rd class magistrate is not authorized to give remand. The class second magistrate can give remand if the provincial government authorizes him.
According to section 167(3) of Cr.PC magistrate is bound to record reasons for the passing order of remand. While Considering all the conditions 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 you Appeal the Order of Police Physical Remand?
Yes. The session court is a competent court to revise the order or to cancel the remand given by the magistrate. The order of the session court must have sufficient reasons for it. The High Court can also change the order of remand given by the 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 in Remand in Custody?
As already explained the aggregate time limit for granting physical or judicial remand in custody is 14 days.
Rights of Accused held in Remand
There is a wrong perception that physical remand means that the police will torture the accused to get the information relating to the offense. The only purpose of granting remand under CrPC is to investigate crime and interrogate the accused.
Can you Contact Accused held in Physical Remand?
Then again people ask whether they can visit someone on remand? Yes, you can meet and the person lockup by the police. It’s the right of the accused to contact anyone or anyone can contact him. The accused also has the following rights:
- Right to get legal assistance
- Right to communicate with relatives
- Right to get medical assistance if he is sick
- Right to remain silent and don’t give an answer to every question put before him by the police
Whether Bail Application can be Lodged during Physical Remand?
Yes, you can get a bail of the accused held in remand. When police produce the accused before the magistrate for physical remand the accused can forward bail application.
The magistrate can also ask the accused counsel to argue bail application. After hearing the arguments, magistrate can order the release of the accused subject to furnishing bail bonds.
On the other hand, if the magistrate grants remand of the 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 the accused is transferred to the court. Or after the expiry of remand, another bail application can be filed.
Guidelines For Magistrate to Grant Physical Remand to Police
These are the golden guidelines that were 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.
- Remand him to police custody for a term not exceeding 15 days in the 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 the 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 settled the standards while giving physical remand. Ghulam Sarwar’s case 1984 p.cr.l.j.2588
Guidelines Settled In Ghulam Sarwar’s Case to Grant Remand in CrPC
Following are the guidelines which are laid down in this case:
- The magistrate shall not authorize the police remand except on the strong and exceptional ground.
- The magistrate shall record reasons.
- A copy of the order must be sent to the session judge.
- After expiry of 15 days, the 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.
- Before granting police remand magistrate shall assure about sufficient evidence.
- No remand in absence of accused.
- The magistrate shall avoid granting remand at his residence.
- An opportunity should be given to the accused to raise objection.9. The magistrate shall examine the police file.
- The magistrate shall examine the police file.
- If no investigation was conducted after obtaining remand, the magistrate shall refuse to grant further remand.
- In case complete challan is not submitted magistrate shall commence the trial at the strength of incomplete challan.
- If challan not submitted within 2 months, the magistrate shall report the matter to Sessions judge and notice to SP Police of the district.
- No remand for the sack of cooperation which police.
- 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 the police prepare under section 173 of Cr.PC. This section says that;
Every investigation shall be completed as soon as possible and without any delay. Police reports 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 in a prescribed form.
No. of Columns in Police Report or Challan
There are 7 columns in the police challan. This report is made on a prescribed form bearing seven columns which are approved by the provincial government this form includes:
- Name of the person who submits the report and name of the aggrieved party.
- Absconder who is nominated In FIR but could not be arrested and a person who is found innocent by the police
- Those accused against whom this report is submitted, but they are on bail
- Those accused who are still in police custody
- Case property or anything received by the police during the investigation which could be used as evidence
- List of witnesses and
- Brief facts of all the case
What if Police Report (Challan) is not Complete?
If the report cannot be completed within 14 days from the recording of the first information report known as FIR under section 154 of Cr.PC. The officer in charge of the 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 trial 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 there are three types of police reports in Pakistan.
Types of Police report (Challan) in CR.PC Pakistan
There are three types of chllan that a police can file in court. Challand is basically a charge sheet against the accused.
- Complete Report/ Complete Challan / Mukamal Challan
- Supplementary Report / Supplementary Challan (Zimni Challan)
- Incomplete Report/ Incomplete Challan (Na-Mukamal Challan)
1. Complete Challan (Mukamal Challan)
After the registration of FIR under section 154 police start its proceeding. The police collect all evidence and record the statement of witnesses and then prepares a complete challan. This complete challan is submitted within 14 days.
This complete challan is submitted to the public prosecutor who presents it to the competent court. The court can start the trail on the basis of complete challan.
2. Supplementary Challan (Zimni Challan)
In our Urdu language, it is also called “Zimni”. It is made after completion of the 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.
3. 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 the final report cannot be completed then the officer in charge of the police station has 3 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 requests the court to start the trail.
Remedies for Accused held in Remand
Now there are some remedies for the accused held in the remand that are important to discuss here. When the challan is not completed within time due to the delay, the accused suffers the 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 doesn’t have any solid proof to prove guilt. The required time for submitting the report has also lapsed.
Hence it shows their malice 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 the 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
- Groundless: the charge made is groundless in the whole or
- 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 the 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.
2. Judicial Remand/ 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 a 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 yo 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 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 can;
- Postpone proceeding
- Adjourn proceeding
- Remand the accused of detention if he is in custody. 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
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.
3. Transit Remand
Transit remand in Cr.PC is explained in section 86 of Cr.PC. The transit remand is given on a journey and in the course of transportation of accused from one place to another.
For example, an offense is committed in Islamabad but the offender is arrested in Karachi. In this case, the police will obtain a 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 made 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 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 the 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.
The first type of remand is 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 an investigation from the accused. Though, there are many restrictions which are imposed by the superior court while giving remand.
The second type of remand is the 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 of remand 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 a warrant for the arrest of that person to that court in whose jurisdiction that accused resides. Then that court arrests that person and transfers to the court in which his trial will be held.