Remand
Remand is the judicial order by a Magistrate sending an accused person to police custody or judicial custody during the investigation of a criminal case, governed by Section 167 CrPC.
What is Remand?
**Remand** is a judicial order by which a Magistrate authorises the detention of an accused person in either **police custody** or **judicial custody** (jail) while investigation is ongoing. When the police arrest a person, they must produce the arrested person before a Magistrate within 24 hours. The Magistrate then decides whether to grant police custody, judicial custody, or release on bail.
Legal Definition and Framework
Remand is governed by **Section 167 of the Code of Criminal Procedure, 1973 (CrPC)** and **Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023**.
Key Legal Provisions
- **Section 57 CrPC (Section 58 BNSS):** No person arrested without a warrant shall be detained beyond **24 hours** (excluding travel time).
- **Article 22(2) of the Constitution:** Every arrested person must be produced before a Magistrate within 24 hours — a fundamental right.
- **Section 167(2) CrPC (Section 187(2) BNSS):** The Magistrate may authorise detention in police custody for a maximum of **15 days total**, and judicial custody up to **60 or 90 days** depending on the offence.
The 15-Day Police Custody Limit
The Magistrate can authorise police custody only within the **first 15 days** after arrest. These days need not be continuous — the Magistrate may grant custody in instalments, but the total cannot exceed 15 days. The Supreme Court in **CBI v. Anupam J. Kulkarni (1992) 3 SCC 141** confirmed this computation from the date of first remand.
Maximum Judicial Custody Periods
- **90 days** — for offences punishable with death, life imprisonment, or imprisonment of 10 years or more.
- **60 days** — for all other offences.
Types of Remand
Police Custody Remand
The accused is kept at the police station. This is sought when police need to interrogate the accused, recover evidence, or identify co-accused. The Magistrate must be satisfied there are **reasonable grounds** for police custody — it should not be granted routinely.
Judicial Custody Remand
The accused is lodged in **jail** under prison authorities. This is the default when police custody is not sought or the 15-day period is exhausted. The investigating officer cannot interrogate the accused in judicial custody without court permission.
When Does This Term Matter?
Default Bail Connection
If the police fail to file the chargesheet within the prescribed period (60 or 90 days), the accused acquires an **indefeasible right to default bail** under the proviso to Section 167(2) CrPC (Section 187 BNSS), as established in **Rakesh Kumar Paul v. State of Assam (2017) 15 SCC 67**. The bail application must be filed before the chargesheet is actually filed.
Protection Against Custodial Abuse
The Supreme Court in **D.K. Basu v. State of West Bengal (1997) 1 SCC 416** laid down 11 guidelines for arrest and remand, including the right to inform a relative, right to a lawyer, and mandatory medical examination.
Rights of the Accused During Remand
1. **Right to legal representation** at remand hearings.
2. **Right to be produced before the Magistrate** for each remand extension.
3. **Right against torture** and coerced confessions.
4. **Right to medical examination** during custody.
5. **Right to apply for bail** at any remand hearing.
Practical Significance
- **Defence counsel** should actively contest police custody applications and seek bail or judicial custody.
- The **Magistrate is the guardian** of the accused's rights and must apply their mind independently.
- Prolonged judicial custody contributes to **prison overcrowding** — a significant proportion of India's prison population consists of undertrial prisoners.
Frequently Asked Questions
What is the difference between police custody and judicial custody?
In **police custody**, the accused is held at the police station for interrogation and investigation (maximum 15 days). In **judicial custody**, the accused is in jail under prison authorities (up to 60 or 90 days). Police cannot interrogate the accused in judicial custody without court permission.
Can police seek remand after the 15-day period?
After 15 days, police **cannot** seek police custody. Only judicial custody remand is available. However, if new offences are discovered, separate remand may be sought for those offences.
Can remand be challenged?
Yes. The accused can file a **habeas corpus petition** before the High Court under Article 226, or challenge remand through a bail application before the appropriate court.
What happens during a remand hearing?
The investigating officer presents the case diary and explains why custody is needed. The defence argues against custody and may seek bail. The Magistrate examines the material, decides the type and duration of remand, and passes an order with recorded reasons.
Disclaimer: This glossary entry is for informational purposes only and does not constitute legal advice.
Related Legal Terms
FIR (First Information Report)
A First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence, marking the first step in the criminal investigation process.
Chargesheet
A chargesheet is the final report filed by the police before a Magistrate after completing the investigation of a criminal case, detailing the evidence collected and the conclusions reached.
Anticipatory Bail
Anticipatory bail is a direction by the court to release a person on bail even before they are arrested, granted when they have reason to believe they may be arrested for a non-bailable offence.
Bail Bond
A bail bond is a written undertaking, with or without sureties, executed by or on behalf of an accused person, guaranteeing their appearance before the court on specified dates in exchange for their release from custody.