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CHAPTER 11
Police
PART B -- REMANDS TO POLICE CUSTODY
1. Introductory.-- The following instructions on the subject of remands to
Police custody have been issued by the High Court.
2. Distinction between remand to Police custody and remand to judicial lock-up.-- Magistrates
should observe the great distinction between a remand to Police custody and an ordinary
remand to the Magistrate's lock-up under section 344 on the adjournment of an inquiry or
trial owing to the absence of a witness or from any other reasonable cause.
3. Non-completion of Police investigation does not justify detention by Police.-- The
non-completion of the enquiry or trial justifies the latter, but the former requires some
thing more, as it is expressly provided by section 167 that the non-completion of the
investigation shall not, in the absence of a special order of a Magistrate, be deemed to
be a sufficient *[cause] for the detention of an accused person by the
Police.
4. Remand to be granted in cases of real necessity.-- Ordinarily, when an
investigation is incomplete, the proper course is for the accused person to be sent up
promptly with such evidence as has been obtained and for the trial to be commenced at once
by the Magistrate and proceeded with, as far as possible, and then adjourned for further
evidence. ***[...] A remand to Police custody ought only to be granted
in cases of real necessity and when it is shown in the application that there is good
reason to believe that the accused can point out property or otherwise assist the Police
in elucidating the case.
5. Magistrate should discourage tendency of Police to take remand to extort
confession.-- The Police are too often desirous of retaining the accused in their
custody for the longer period than twenty-four hours merely in the hope of extracting some
admission of guilt from him. This is contrary to section 163 and the following section of
the Code of Criminal Procedure, and to the spirit of the Code generally; and Magistrates
must be careful not to facilitate this object by too great a readiness in granting
remands.
6. Remand cannot be granted for more than 15 days. Procedure when accused is brought
before a Magistrate to obtain remand.-- Remands to Police custody cannot be granted
under the Code of Criminal Procedure, for a longer period than 15 days altogether, and
cannot be granted at all by a Magistrate of the third class, or by a Magistrate of the
second class not specially empowered by the Provincial Government. When an accused is
brought before a Magistrate in accordance with section 167, Sub-section (1) of the Code of
Criminal Procedure, 1898, the Magistrate must adopt one of the following courses:-
(1) If he has jurisdiction to try the case or *[send] it for trial,
either:-
(a) discharge the accused at once, on the ground that there is no cause shown for
further detention, or
*
[(b) remand him to Police custody (if empowered to do so) or to
magisterial custody as he may think fit, for a term not exceeding 15 days, which term if
less than 15 days, may subsequently be extended upto the limit of 15 days in all and shall
forward a copy of his order with his reasons for making it, to the Sessions Judge; or
(c) proceed at once to try the accused himself or send him for trial, or]
(d) if for any reason it sems necessary, forward the accused at once to the **[Sessions
Judge or] District or Sub-Divisional Magistrate to whom he is subordinate, or
(e) if himself a District or Sub-Divisional Magistrate, send the accused to a competent
subordinate Magistrate for trial or sending up.
(2) If he has not jurisdiction to try the accused or *[send] him for
trial, he must either:-
(a) if he thinks there is no ground for further detention, at once send the accused to
a Magistrate having jurisdiction, with a view to his trial or discharge, or
(b) if he thinks there is ground for further detention, remand him to police custody
(if empowered to do so) or to magisterial custody as he may think fit, for a term not
exceeding 15 days, which term, if less than 15 days, may subsequently be extended up to
the limit of 15 days in all, **[and forward a copy of his order with his
reasons for making it, to the Sessions Judge.]
Note: ***[Omitted]
7. Accused must be produced before the Magistrate who should satisfy himself about
necessity for remand.-- Before making an order of remand to Police custody under
section 167 of the Code of Criminal Procedure, the Magistrate should satisfy himself
that--
(1) there are grounds for believing that the accusation against the person sent up by
the Police is well founded;
(2) there are good and sufficient reasons for remanding the accused to Police custody
instead of detaining him in magisterial custody.
In order to form an opinion as to the necessity or otherwise of the remand applied for
by the Police, the Magistrate should examine the copies of the diaries submitted under
section 167 and ascertain what previous orders (if any) have been made in the case, and
the longer the accused person has been in custody the stronger should be the grounds
required for a further remand to police custody.
The accused person must always be produced before the Magistrate when a remand is asked
for.
8. Principle applying remand cases.-- The following principles are laid down for
the guidance of Magistrates in the matter of granting remands, and District Magistrates
are required to see that they are carefully applied:-
(i) Under no circumstances should an accused person be remanded to Police custody
unless it is made clear that his presence is actually needed in order to serve some
important and specific purpose connected with the completion of the inquiry. A general
statement by the officer applying for the remand that the accused may be able to give
further information should not be accepted.
(ii) When an accused person is remanded to Police custody the period of the remand
should be as short as possible.
(iii) In all ordinary cases in which time is required by the Police to complete the
inquiry, the accused person should be detained in magisterial custody.
(iv) Where the object of the remand is merely the verification of the prisoner's
statement, he should be remanded to magisterial custody.
(v) An accused person who has made a confession before a Magistrate should be sent to
the Judicial lock-up and not made over to the Police after the confession has been
recorded. If the Police subsequently require the accused person for the investigation, a
written application should be made giving reasons in detail why he is required and an
order obtained from the Magistrate for his delivery to them for the specific purposes
named in the application. If an accused person, who has been produced for the purpose of
making a confession, has declined to make a confession or has made a statement which is
unsatisfactory from the point of view of the prosecution he should not be remanded to
Police custody.
*
[9. Reasons for grant of remand to be recorded and copy sent to Sessions
Judge.-- The Magistrate giving remand to Police custody shall record his reasons for
so doing and forward copy of his order to the Sessions Judge or the District Magistrate as
the case may be. (See section 167(3) & (4) Cr.P.C.]
10. Procedure when a remand for more than 15 days is required for completion of the
case.-- If the limit of 15 days has elapsed, and there is still need for further
investigation by the Police, the procedure to be adopted is that laid down in section 344,
Criminal Procedure Code. The case is brought on to the Magistrate's file and the accused,
if detention is necessary, will remain in magisterial custody. The case may be postponed
or adjourned from time to time for periods of not more than 15 days each, and as each
adjournment expires the accused must be produced before the Magistrate, and the order of
adjournment must show good reasons for making the order.
*
[11. Strict supervision to be exercised over the action of Magistrates
granting remands.-- The Sessions Judges and the District Magistrates as the case may
be should take measures to exercise strict supervision over the action of all Magistrates
subordinate to them, in regard to the granting of remand under section 167 of the Code of
Criminal Procedure and as they receive the reports made under subsection (4) thereof, they
possess the means for exercising the supervision here required of them without any
difficulty.]
12. (i) Instructions issued by the Provincial Government in respect to
remands.-- ***[...] (a) Before a remand is granted in any case, the
Magistrate should inform the accused that he is a Magistrate and that a remand has been
applied for, and he should ask the accused whether he has any objection to offer to the
remand. The order granting the remand should be written at the time it is announced, in
the presence of the accused.
(b) If the accused wishes to be represented by counsel, the Magistrate should allow
time for counsel to appear and argue the matter before him. He may grant a temporary
remand in such circumstances until arguments have been heard.
(ii) Right of accused to access to counsel and friends.-- ***[...] An
accused person should not be removed to a place which is either inaccessible or unknown to
his friends or counsel. Information regarding his place of confinement should at all times
be given to his friends on their application, and the prisoner himself should be informed
that he is entitled to have the assistance of counsel and to communicate with his
relations and friends. **[(See Punjab Government circular letter No.
6091-J-36/39829 (H-Judl) dated the 19th December, 1936).]
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