|Author: Sultan Mustafijul Hoque 02 Jun 2012 Member Level: Gold Points : 3 Voting Score: 0|
After producing him before the magistrate, if further investigation needed he is sent back to remand. If police remand of maximum 15 days already exceeded or police remand not granted at honourable court, then the person is sent back to Judicial Remand. A judicial remand cannot have more than 15 days at one time, but can be extended upto 60 days if the punishment is less than 10 years and upto 90 days in case of 10+ years punishment.
|Author: sudarshana 04 Jun 2012 Member Level: Gold Points : 3 Voting Score: 0|
Some legal cases are not solved in the trial courts and the defendents have to go to the appellate court. But if the appellate court finds that there are some mistakes made in the trial court, it again sends the case to the trial court and the case is said to be a remanded case.
A very common mistake made in the trial court is that sometime it does not allow some evidences. Then the appellate court ordered the trial court to allow the evidence and the person who is going to be free is remanded for further few days of 14 or 15 days.
|Author: Aparna Shankarraman 07 Jun 2012 Member Level: Gold Points : 4 (Rs 4) Voting Score: 0|
The term 'remand' basically implies the act of sending the accused back to custody either to provide security or to provide surety for bail. This can also be done when an appellate courts send back an accused to the trial court for further hearing.
Whenever a person is arrested, he is kept in custody for 24 hours to be produced before a magistrate. When the accused needs to be further retained for investigations, it is known as police custody but if the term expires in police custody and the accused needs to be kept under custody for further investigation or stoping witnesses from going hostile, the court orders the accused to be kept in jail and is known as judicial custody. This remand is as per Section 344 of the CRPC. Sometimes, a trial court could have committed a mistake and the appellate court orders fresh hearing or review of hearing at the trial court. In this case, the accused is again sent to judicial custody.
Depending on the profile of the person arrested, the treatment at jail varies with respect to facilities granted during their stay. A political person is given A class jail and better facilities than normal accused citizens. However, the method of investigation remains common for all. The investigating agency is allowed to retire facts through any methods suitable to the case.
|Author: avie basota 07 Jun 2012 Member Level: Bronze Points : 2 Voting Score: 0|
Judicial remand is refered to that case when the concerned court sends an appealed case back to the trial for further and satisfactory action . This happens if the trial judge has made an error which require new trial or judgement .To sent back or recommit . when a victimis brought before a judge on a habeas corpus for the purpose of obtaining his liberty , the judge hears the case and rather discharges him or not .when there is cause for detention he remands him
|Author: Ankur Garg 06 Jul 2012 Member Level: Gold Points : 4 (Rs 1) Voting Score: 0|
Meaning of Judicial Remand
In simple words the term Remand means an exercise of sending and keeping an accused in the judicial custody especially when trial is going on. The term Remand also includes the situation when custody of the accused is with police custody.
In general there are two kinds of remands in law:
1. Police remand
2. Judicial remand
In general police remand comes first out of the above two. When an accused person sent back to the police station for further enquiry and investigation, it is called police remand.
As per law when a person is arrested by the police or in case he surrenders, he is required to be kept in custody for a maximum initial period of 24 hours and should be produced before a magistrate without undue delay on the part of police within that period of 24 hours. Now after submitting relevant primary evidence against the accused police can take custody of the accused for further investigation purpose, subject to the approval of magistrates. If a magistrate thinks that it is feasible to handover the custody of accused to police for further investigation, he may do so and define a period for police remand like 14 days police remand. This is called police remand.
However if magistrate is not satisfied with the statement of police, he can disapprove the police remand and sent back the accused to jail during the pendency of the case/trial. This is called judicial remand.