Skip to content

Tag: Police Remand

No detention in police custody after expiry of first 15 days even in a case where some more serious offences, committed by an accused in same transaction come to light at a later stage

Where the Magistrate thinks fit that further detention beyond the period of fifteen days in necessary and it lays down that the Magistrate may authorise the detention of the accused person otherwise than in the custody of the police beyond the period of fifteen days. The words "otherwise than in the custody of the police beyond the period of fifteen days" are again very significant. Criminal Procedure Code, 1973 (CrPC) - Section 167(2) - Remand - Police custody - Limitation of fifteen days - It during investigation his compicity in more serious offences disclosed during same occurrence, it does not athorise the police to ask for further custody after expiry of fifteen days - This limitation does not apply to different occurrence in which complicity of arrested accused disclosed.

Remand policy In India

“The grant of order for police remand should be an exception and not a rule and for that the investigating agency is required to make out a strong case and […]