Why do police take remand?

The purpose of remand is to facilitate completion of investigation. And if it is not done within 24 hours and the police officer needs him in custody for some more time for the successful completion of investigation, he cannot detain him without an order of remand by the court under S. 167(2) of the CrPC.

What is a police remand?

The word remand generally means to return or to send back but, in the legal world, it has two different meanings. Firstly, it means to send the accused back in the custody of the competent authority and secondly, it means to send back the cases from the appellate court to the lower court.

What is a remand in court?

To remand something is to send it back. Remand implies a return. When an appellate court reverses the decision of a lower court, the written decision often contains an instruction to remand the case to the lower court to be reconsidered in light of the appellate court’s ruling.

What are the types of remand?

One is Police Custody Remand wherein the arrested person is sent in the custody of the police for the purpose of further investigation and is kept in the police lockup and the second is Judicial Custody Remand where the person is sent to the local jail.

What rights do remand prisoners have?

When a person is remanded in custody it means that they will be detained in a prison until a later date when a trial or sentencing hearing will take place. They should also have further rights in prison, such as being able to wear their own clothes and having more visits.

What is remand on bail?

The term “remand” may be used to describe the process of keeping a person in detention rather than granting bail. A prisoner who is denied, refused or unable to meet the conditions of bail, or who is unable to post bail, may be held in a prison on remand.

What do they do in remand?

If a person who is accused of a crime is remanded in custody or on bail, they are told to return to the court at a later date, when their trial will take place. Remand is used to refer to the process of remanding someone in custody or on bail, or to the period of time until their trial begins.

Why do courts remand?

Remand is when higher courts send cases back to lower courts for further action. For example, cases may be remanded when the appellate court decides that the trial judge committed a procedural error, excluded admissible evidence, or ruled improperly on a motion.

What is remand back order?

Remand means to send back[i]. Where the trial court has decided the suit on a preliminary point without recording findings on other issues and if the appellate court reverses the decree so passed, it may send back the case to the trial court to decide other issues and determine the suit[ii]. This is called remand.

What happens after police custody?

Soon after the arrest, an accused can be kept in police custody for up to 24 hours. Beyond that, it is the magistrate who decides whether he/she should stay in police custody or be remanded to judicial custody. Police custody can be extended for a maximum period of 15 days.

How long can remand last?

The average length of remand custody is around 100 days, with few inmates spending in remand more than 2 years.