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.<\/p>\n\n\n\n
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?<\/p>\n\n\n\n
We wil also cover these questions in this article;<\/p>\n\n\n\n
Content Outline:<\/strong><\/p>\n\n\n\n Generally, the word remand means to return or send back. In legal terms, the remand has two different meanings.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n There is a huge discussion on why Remand is necessary. The following three ground shows ys the importance of types of remand.<\/p>\n\n\n\n The concept of remand is also mentioned in the Constitution of Pakistan 1973 Article 10 (1) & (2)<\/strong>, which provides that;<\/p>\n\n\n\n 10. Safeguards As To Arrest And Detention<\/strong><\/p>\n\n\n\n (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.<\/p>\n\n\n\n (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.<\/p>\n\n\n\n There are three different types of remand in Pakistan. The procedure these types of remand is also mentioned in the criminal procedure code 1898<\/a> which is as follows:<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n The whole process of arrest is explained in CRPC 1898. Under section 46 of Cr.PC<\/strong>, it is explained how the arrest should be made. The law state that:<\/p>\n\n\n\n (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.<\/p>\n\n\n\n (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.<\/p>\n\n\n\n (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.]<\/p>\n\n\n\n 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).<\/p>\n\n\n\n Once the arrest is made the section 62 of CR.PC becomes operative. It says that;<\/p>\n\n\n\n \u201cOfficers 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.<\/p><\/blockquote>\n\n\n\n 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.<\/p>\n\n\n\n The police cannot interrogate accused at any private jail but only at the police station or police post, after magistrate approval.<\/p>\n\n\n\n The moment a person is taken to the police station his name shall be registered in Roznamcha police Diary (Daily Diary of Police)<\/strong>. This is document is prepared in those cases where a non-cognizable offense is made out.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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\u201d.<\/p>\n\n\n\n Under section 172 of Cr.PC<\/strong>, 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:<\/p>\n\n\n\n Section 167 of Cr.PC<\/strong> throw light on remand while sections 61, 62, 167, 173, and 344 Cr.PC<\/strong> are supplementary for this process.<\/p>\n\n\n\n Section 167 prescribes that when the investigation of an offense cannot be completed within 24 hours<\/strong>. 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.<\/strong><\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n Subsection (2) of 167 of Cr.PC<\/strong> 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.<\/p>\n\n\n\n Numerous physical remands can be granted but the aggregate amount should not exceed 14 days.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n According to section 167(3) of Cr.PC<\/strong> magistrate is bound to record reasons for the passing order of remand<\/strong>. While Considering all the conditions and circumstances the magistrate can give remand.<\/p>\n\n\n\n The magistrate should reduce those circumstances in writing and thereafter he must send a copy of the order to the court of session.<\/p>\n\n\n\n Yes<\/strong>. The session court is a competent court to revise the order or to cancel the remand<\/strong> 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<\/strong> given by the session court.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n As already explained the aggregate time limit for granting physical or judicial remand in custody is 14 days.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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:<\/p>\n\n\n\n Yes<\/strong>, 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<\/a>.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n On the other hand, if the magistrate grants remand of the accused<\/strong>, it means the bail application is dismissed.<\/p>\n\n\n\n During physically remand another bail application is not allowed<\/strong> 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.<\/p>\n\n\n\n These are the golden guidelines that were laid down in Rules and Orders<\/a> of the High Court. These are as under:<\/p>\n\n\n\n There is a very important case in which superior courts have settled the standards while giving physical remand. Ghulam Sarwar\u2019s case 1984 p.cr.l.j.2588<\/strong><\/p>\n\n\n\n Following are the guidelines which are laid down in this case:<\/p>\n\n\n\n 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<\/strong>. This section says that;<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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:<\/p>\n\n\n\n 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<\/strong>. The officer in charge of the police station will send an interim report (Namukamal Challan<\/strong>) in 3 days to the public prosecutor<\/strong>.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n There are three types of chllan that a police can file in court. Challand is basically a charge sheet against the accused.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n In our Urdu language, it is also called \u201cZimni\u201d. 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.<\/p>\n\n\n\n It records all new facts in this report and this report must be read as an integral part of the final report.<\/p>\n\n\n\n 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<\/strong>.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n Now there are some remedies for the accused held in the remand<\/strong> that are important to discuss here. When the challan is not completed within time due to the delay, the accused suffers the most.<\/p>\n\n\n\n So what an accused can do when this challan cannot be completed in time.<\/strong><\/p>\n\n\n\n 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.<\/p>\n\n\n\n Hence it shows their malice and incompetence so the charges against him must be quashed and be released.<\/p>\n\n\n\n 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<\/p>\n\n\n\nWhat is the Legal Meaning of Remand?<\/h2>\n\n\n\n
Need and Purpose Of Remand<\/h3>\n\n\n\n
Concept of Remand in Pakistan’s Constitution<\/h3>\n\n\n\n
Types of Remand in Pakistan<\/h2>\n\n\n\n
1. Police Remand Under CrPC<\/h3>\n\n\n\n
What is the Procedure of Arresting the Accused in Pakistan?<\/h4>\n\n\n\n
Responsibility of Police Officer after the Arrest<\/h4>\n\n\n\n
Daily Diary of Police Known as Roznamcha<\/h4>\n\n\n\n
No. of Columns in the Police Diary<\/h4>\n\n\n\n
Conditions While Giving Remand In Cr.P.C<\/h5>\n\n\n\n
What Is Parcha Remand (Remand Application)<\/h5>\n\n\n\n
Power Of The Court To Give Remand<\/h5>\n\n\n\n
Can you Appeal the Order of Police Physical Remand?<\/h4>\n\n\n\n
How Long be a Person Held in Remand in Custody?<\/h5>\n\n\n\n
Rights of Accused held in Remand<\/h4>\n\n\n\n
Can you Contact Accused held in Physical Remand?<\/h5>\n\n\n\n
Whether Bail Application can be Lodged during Physical Remand?<\/h4>\n\n\n\n
Guidelines For Magistrate to Grant Physical Remand to Police<\/h3>\n\n\n\n
Guidelines Settled In Ghulam Sarwar’s Case to Grant Remand in CrPC<\/h2>\n\n\n\n
Police Report Or Challan<\/h3>\n\n\n\n
No. of Columns in Police Report or Challan<\/h5>\n\n\n\n
What if Police Report (Challan) is not Complete?<\/h4>\n\n\n\n
Types of Police report (Challan) in CR.PC Pakistan<\/h2>\n\n\n\n
1. Complete Challan (Mukamal Challan)<\/h3>\n\n\n\n
2. Supplementary Challan (Zimni Challan)<\/h3>\n\n\n\n
3. Incomplete Challan (Na Mukamal Challan)<\/h3>\n\n\n\n
Remedies for Accused held in Remand<\/h2>\n\n\n\n
Application under Section 561-A of Cr.PC<\/h3>\n\n\n\n
Application under Section 249-A of Cr.PC<\/h3>\n\n\n\n