Police Remand and its Legal Analysis by Constitutional Courts
What is Police Remand?
The police remand is an authority whereby an enforcement agency can keep an accused in their custody for interrogation and collection of evidence.
Magistrate is to ensure that the enforcement agency should not take unnecessary remand.
Purpose of Police Remand
The purpose of remand to ask custody of accused for further investigation and to recovery important evidences or any other crucial information from accused.
Magistrate should ensure that there is no unlawful detention and arrest while considering the remand application, to avoid any harassments of the accused.
Legal Provision under BNSS
Section 187 of the BNSS, 2023 deals with the provision of remand and its procedure.
As per section 187 of the BNSS, whenever any person is arrested and the investigation is not going to complete within 24 hrs. On producing before the Magistrate may grant detention of the accused beyond 15 days, if he satisfied that adequate grounds exist for doing so, but no Magistrate shall authorize the detention of the accused person in custody for a total period of exceeding :-
90 days - Investigation relates to the offences punishable with death, imprisonment for 10 years or more or life.
60 days - Investigation relates to any other offence.
Procedure for Seeking Police Remand
The standard procedure for seeking police remand is as follows :-
(a) Production of the Accused before Magistrate</p></p><p>(b</p>
) Application for Remand by Police
(c) Scrutiny of Application by Magistrate
(d) Hearing of Accused before Ordering of Remand
(e) Rejection or Gran of Remand
Rights of Accused during Remand
During the remand the accused will have the following rights:-
(a) Right against Self-incrimination
(b) Right to be informed of Grounds of Arrest
(c) Right to Medical Examination
(d) Right to Fair Treatment
(e) Right to Legal Representation etc.
Misuse and Concerns Regarding Remand
Despite of the legal safeguards, the remand is being misused by the investigation officers in the following manner:-
(a) Fabrication of Evidences
(b) Unwanted Detention
(c) Custodial Torture