How does the police obtain physical remand? | Lekipedia

Physical remand is obtained under Section 167 of the Penal Code, 1898. 

If the accused is arrested and in police custody and the investigation cannot be completed within 24 hours, the accused is immediately produced before the District Magistrate or the nearest Magistrate of First Class. And a written application for physical remand is requested from the court to refer the body of the accused to the police through police remand and if the investigation is completed within four hours and the hearing of the case is not started, a written application for remand.

The accused is referred to the Judicial through Judicial.

(1): Who can give physical remand?

Physical remand Police remand can be given only by the Magistrate First Class and in special circumstances if the notification is issued by the Government then the Magistrate Second Class is also authorized to give physical remand but in general circumstances the Magistrate Second Class and Magistrate First Class can give physical remand. The police are not authorized to remand.

(2): Physical remand Who can obtain police remand?

Under Section 167 of the Penal Code, 1898, physical remand can be obtained by an officer of the rank of sub-inspector or above. If a S. If the IO or Head Constable is also an Investigation Officer, he cannot obtain physical remand or police remand.

(3): When do police need physical remand?

Physical remand The police must have compelling reasons to seek police remand. For example, the recovery of a weapon from the accused in the case of murder, the need for the recovery of the body of the deceased, the recovery of stolen property from the accused of theft. Anticipation of revelations about other accused in the gang case etc. It is very important to have the above reasons for physical remand. If there is no solid reason for any of these, the Magistrate does not accept the request for physical remand. And makes the accused judicial.

(4): What should be taken care of while taking physical remand?

The Investigating Officer should not take the physical remand police remand for 14 days at a time but in the form of 3 or 4 days according to the nature of the investigation and the incidents, which is a total of 14 days. Because physical remand for more than 14 days is not given under normal circumstances unless there are special circumstances.

(5): Record of physical remand and entry of Dhimmi:

Police Rules, 1934 for producing the accused before the competent Magistrate, this matter should be written in the puff-rose form and thus written clearly Yemeni in the relevant record case. So that it can be used in the trial of the case in time.

(6): Procedure for arrest and physical remand of the accused in various cases:

During the investigation, there was only one case against the accused, and there were not more than one cases, so after the arrest, if physical remand was obtained in one case, the police remand will be considered as physical remand in other cases as well. It is against the law that if fourteen days physical remand is obtained in one case, then fourteen days physical remand should be obtained separately in the second and third cases. Rather, the detention of the accused after 14 days will be illegal and a case can be registered against the investigating officer and the court can also discharge such an accused.

(7): Procedure for adultery case and physical remand of woman:

If a woman is involved in the crime of adultery with a man known to her, in such a case, the investigation officer should immediately search for the woman on her recovery and with the permission of the local magistrate and the consent of the woman. Physical remand and police remand should be obtained after medical examination. A woman should not be kept in the police station at night because often women accuse the police officers of rape. Or his legitimate heirs etc. should be kept with him and without the woman's consent, medical treatment cannot be done.

(8): Procedure for security and physical remand of the accused in serious cases:

The investigation officer should know that if the case is of a serious nature, or of partisanship, or if the accused is involved in the murder, then the second party can kill the accused as part of the revenge action. And often so

Events are seen. Therefore, it is necessary for the police officer to have an armed guard under the sensitivity of the situation along with the commitment should be presented in the court and the accused should be fully protected.

Some important instructions to the Investigating Officer to obtain physical remand:

Following are some essential instructions for obtaining physical remand of the Investigating Officer.

The investigation officer should write the physical remand request in his own hand. The Investigating Officer should obtain the physical remand of the accused after the arrest.

Investigating Officer should keep the identity, location map and all the appendices in the Investigating Officer's personal file.

A retired police officer should never be asked to write supplementary articles. The Investigating Officer should, if there are ten cases of the same police station against the accused, physical.

Police should get remand only in one case.

The Investigating Officer should prepare a statement of determination of the request for physical remand and produce it before the competent Magistrate, as a copy of the competent Magistrate will be sent to the District End after writing his order.

Send to the Sessions Judge.

The Investigating Officer should, after the lapse of fourteen days, when the accused is referred to judicial custody, immediately submit a challan with full reasons to write a request for remand adjournment. Which will be written under section 344. There should be no unnecessary delay in submitting the challan in full.

The Investigating Officer should not obtain physical remand Police remand by an officer below the rank of Sub Inspector Therefore, in the case of remand, an officer of lower rank than sub-inspector should not be sent.

The Investigating Officer should, if the accused has been on physical remand for a few days before and the police require further physical remand, then the complete evidence obtained in that case, of the witnesses.

Statements The investigation officer should also collect the evidence obtained after further remand and record the entire statement in the supplement. The investigation officer should not, under any circumstances, obtain remand at the residence of the Magistrate.

The Investigating Officer should not unnecessarily obtain the physical remand of the accused.

The Investigating Officer should also inquire about the remand by the competent Magistrate and the accused may present his arguments before the court against his remand. Therefore, the police officer should appear before the court fully prepared and explain to the court the reasons for which he wants to obtain remand. 

The investigation officer should that if no investigation is carried out during the remand, in that case the magistrate can refuse physical remand to the police remand and can also send judicial reference to the accused.

Therefore, it is necessary that during the remand investigation should be carried out and all investigations should be recorded in supplementary documents.