What is Remand?
After arrest, the accused must be produced before a magistrate within 24 hours (Section 57 CrPC, Article 22(2) Constitution). The magistrate then decides whether to grant police custody, judicial custody, or bail. This process is called remand. Understanding the difference between police custody and judicial custody is crucial for the accused and their family.
Police Custody
Police custody means the accused is held at the police station or police lock-up. The police have access to the accused for interrogation. Under Section 167 CrPC, police custody can be granted for a maximum of 15 days from the date of first remand. This is typically sought when the police need the accused for recovery of evidence, discovery of facts, or interrogation about other accused persons.
Judicial Custody
Judicial custody means the accused is sent to jail (judicial lock-up) under the supervision of the magistrate. The accused remains in jail but the police do not have direct access for interrogation. Judicial custody can be granted for up to 60 or 90 days depending on the offence (Section 167 CrPC). After this period, the accused becomes entitled to default bail if charge sheet is not filed.
Factors Courts Consider
Courts consider: the nature and gravity of the offence, whether the accused is needed for recovery of evidence, whether the accused will cooperate, the accused's criminal history, and the stage of investigation. For serious offences like murder and kidnapping, police custody is more readily granted initially.
Rights During Remand
The accused has the right to be produced physically before the magistrate (though video conferencing is now allowed in many courts). The accused has the right to a lawyer during interrogation. The magistrate must apply their judicial mind and not mechanically grant remand. The accused can apply for bail during any remand hearing.
Default Bail Under Section 167(2) CrPC
If the police fail to file a charge sheet within 60 days (less serious offences) or 90 days (serious offences punishable with death, life imprisonment, or 10+ years), the accused gets an indefeasible right to default bail. This is a valuable right that should not be waived.
If you or a family member is in custody, contact a criminal lawyer through WakilSearch to explore bail options and protect your rights during remand proceedings.