Remand refers to the process of temporarily detaining a person who is under investigation. In legal terms in Pakistan, “remand” refers to a person who has been charged with a criminal offense, usually at the request of law enforcement authorities, and with the approval of the court. During the remand period, the individual is typically held in police custody or a detention facility while the investigation continues or while the case is pending in court.
There various kinds of remand which you will learn in this article. Before going deep lets analyze the importance of remand in judicial system of Pakistan.
Purposes of Remand
Remand is an important part of the criminal justice process in Pakistan and serves several purposes:
Investigation: Remand allows law enforcement agencies to continue their investigation into the allegations against the accused. This may involve gathering evidence, conducting interviews, and collecting information to build a case.
Preventive Detention: Remand can be used to prevent the accused from absconding or interfering with the investigation. It helps ensure the accused’s presence during the legal proceedings.
Pretrial Custody: In some cases, a person may be remanded to judicial custody (i.e., sent to jail) while awaiting trial if the court deems it necessary, typically if the offense is serious or if the accused poses a flight risk or a danger to society.
Court Proceedings: Remand may also be used to bring the accused before the court at specific intervals, such as during bail hearings, to review the case’s progress and consider the need for continued detention.
Various Kinds of Remand
In law there are different kinds of remand and here i am explaining each of them below:
Judicial Remand
After the arrest of the accused under Section 173 of the Criminal Code, the investigation officer has to present the challan of the accused before the court in complete or incomplete condition within 14 days to which 3 more days can be added.
The challan contains the details of the case and the details of the evidence collected from the accused in case of investigation. After hearing the case, if the court finds that the accused has not committed any crime, then the court discharges him from the case.
However, if there is solid evidence against the accused, the trial is formally started. Meanwhile, the accused is taken from police custody and sent to jail under Section 344 of the Penal Code. The length of time the accused will remain in jail while the case is pending in the court is called judicial remand.
Physical Remand
After registration of FIR under Section 154 of the Penal Code, under Section 61 of the Criminal Procedure Code, it is the responsibility of the Investigating Officer to produce the accused before the concerned District Magistrate within 24 hours. If the investigation of the accused is completed within these 24 hours, the Investigating Officer will give reasons to the Magistrate that it is necessary for the accused to remain in police custody for the purpose of investigation and collection of evidence related to the crime. Considering the nature of the crime, the court will hand over the accused to police custody for a few days under Section 167 of the Criminal Code. This is called physical remand.
Transit Remand
The accused committed the crime and fled to another city. The police follow him to arrest him and arrest him. According to the law, the police have to produce the accused before the concerned area magistrate within 24 hours of arrest. However, the journey is so long that it is not possible to reach back within 24 hours, in which case the police will present the accused before the magistrate of the area from which he was arrested. The arrest will be brought to his notice and the accused will be given for transit remand. And will present the accused before the concerned area magistrate after returning to his area.
So these are the kinds of Remand in Law. I hope this will be helpful for you.
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