#physical_remand #police_remand #judicial_remand #arrest_how_made
#detention
Physical Remand | Judicial remand | Arrest how made | Detention | Women physical remand
Difference between physical remand and judicial remand?
Arrest how made?
FIR under sec 154 CRPC?
Judicial lockup?
Judicial Remand?
Transit Remand?
Women physical remand?
Case remand?
Can the police in Pakistan beat up the accused during physical remand?
Medical of accused before remand.
Section 154 of criminal procedure code lays down procedure for registration of information regarding the commission
of cognizable offence and it also indeed gives mandatory directions for registration of the case as per the procedure.
Sec. 156. Investigation into cognizable cases:
Any officer in charge of a police-station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XV relating to the place of inquiry or trial.
No proceeding of a police-officer in any such case shall at any stage
be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
Section 167 of Criminal Procedure Code throw light on Remand.
Sec. 169. Release of accused when evidence deficient.- If, upon an investigation under this Chapter, it appears to the Officer-in-Charge of the police-station or to the Police-officer making the investigation that there is no sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear if and when so required, before a Magistrate empowered to taken cognizance of the offence on a police report and to try the accused or send him for trial.
The section is read in conjunction with other sections 61, 62, 173 and 344 Cr.P.C. There are two kinds of rem and, one is physical rem and and second is judicial remand.
Physical custody of the accused is called in common language as physical remand i.e when an accused is sent to custody of police, by magistrate, it is called physical rem and. Whereas when the accused is sent to judicial lock up/jail, it is called judicial remand.
The Article 9 of the Constitution of Pakistan guarantee that no person would be deprived of life or liberty save as in accordance with law.
According to Art.10 of Constitution of Pakistan provide a safeguard as to arrest and detention. The Courts should be mindful of the said Articles
before remanding the accused to police custody or postponing the commencement of trial.
Following are kinds of remand namely:
(1) Judicial remand
(2) Judicial remand
(3) Transit Remand
According to section 61 of crpc , the investigating police shall keep the accused in police station for only 24 hours of his time of arrest, and thereafter, if the investigation of the case is not completed, the investigation officer apply to the illaqa magistrate for the physical remand of the accused.
Section 344 CRPC contemplates remand of the accused in the judicial lock up after initiation of the proceedings in the court.
#Difference_between_physical_remand_and_judicial_remand?
#FIR_under_sec_154_CRPC?
#Judicial_lockup?
#Judicial_Remand?
#Transit_Remand?
#Women_physical_remand?
#Case_remand?
#Can_police_ beat_up_the_accused_during_physical_remand?

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