Section 167(3) of Cr.PC requires the Magistrate to record reasons for granting remand to police custody
ANDHRA PRADESH HIGH COURT SINGLE BENCH ( Before : Vaman Rao, J ) MD. JAHANGEER Vs. STATE OF A.P. Criminal RC No. 123 of 2000 Decided on : 08-02-2000 Criminal […]
Police remand can be sought U/S 167(2) of Code in respect of an accused arrested at the stage of further investigation if interrogation is needed by investigating agency.
SUPREME COURT OF INDIA DIVISION BENCH ( Before : Dipak Misra, J; Prafulla C. Pant, J ) CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. RATHIN DANDAPAT AND OTHERS — Respondent […]
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.
Whether Habeas corpus could be maintained if a person is in police custody by remand order-SC said no.
September 05, 2018. The question as to whether a writ of habeas corpus could be maintained in respect of a person who is in police custody pursuant to a remand order passed by the […]
Cr.P.C. S.167 Magistrate has to look into facts before granting remand: The act of directing remand of an accused is fundamentally a judicial function. The Magistrate does not act in executive […]
Arrests can be made by Police Officers with Warrants issued by the Courts. There is no discretion allowed to the police in executing Warrants of arrests.
“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 […]