AI Overview...
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Medically Fit for Remand - The accused must be declared medically fit by a doctor before being remanded or produced before the court. In multiple instances, courts have emphasized that if the accused is ill, they should not be remanded into police custody until a medical examination confirms fitness. For example, in Sarbdeep Singh Virk VS State of Punjab - Punjab and Haryana and Sarbdeep Singh Virk VS State of Punjab - Punjab and Haryana, the courts ordered that police remand be granted only after assessing the accused's health, with medical reports certifying fitness. Similarly, in Suba VS Superintendent of Prison, District Prison, Perurani, Thoothukudi - Madras, a proforma report confirmed the accused's fitness prior to remand, and the duty doctor’s examination was crucial.
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Health and Remand Procedures - Courts have mandated that accused persons suffering from mental or physical illnesses should be examined medically before remand. For instance, in S VS The Superintendent of Prison, District Prison, Perurani - Madras, the court noted that remanding magistrates must ensure the accused is not suffering from mental illness or other health issues, and in Suba VS Superintendent of Prison, District Prison, Perurani, Thoothukudi - Madras, the accused’s fitness was certified before remand.
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Legal and Procedural Requirements - Magistrates, whether judicial or executive, must provide cogent reasons for remanding an accused to police custody, especially if the accused is ill or mentally unfit, as highlighted in Mohd. Yousuf VS State Of J. &K. - Jammu and Kashmir and Mohd. Yousuf VS State - Jammu and Kashmir. The law emphasizes that accused health conditions should influence remand decisions, and jail authorities should be informed if the accused cannot reach jail due to health issues (NASEER vs STATE OF KERALA - Kerala, Naseer S/o Abdul Rahman Kunju vs State of Kerala - Kerala).
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Remand and Jail Transfer - The general principle is that an accused should be sent directly to jail unless medically unfit, ensuring that health considerations are prioritized (NASEER vs STATE OF KERALA - Kerala, Naseer S/o Abdul Rahman Kunju vs State of Kerala - Kerala).
Analysis and Conclusion:
Courts consistently hold that an accused must be medically examined and declared fit before remand, particularly when in police custody or hospital. This safeguards the accused’s health rights and ensures that remand procedures are not mechanical but based on substantive health assessments. Magistrates are required to provide detailed reasons for remand decisions, especially if health issues are involved, and authorities must act accordingly to prevent unnecessary suffering or violation of rights.
Search Results for "Accused should be Medically Fit for Remand while Remanding before Judge"
2008 0 Supreme(P&H) 110 • India - Punjab and Haryana
H.S.BHALLA
The accused during his police remand remained admitted in the Hospital and learned Judge Sh. Lalit Kumar Singla, JMIC, Mohali, while granting the police remand had ordered that if the accused has to be interrogated then it could be done only subject to declaring him medically fit by the Doctor. ... Thereafter, owing to his ill health, on 11.9.07, the prayer was made to the Court to send him in police custody and the learned Judge while rema....
2008 0 Supreme(P&H) 6 • India - Punjab and Haryana
H.S.BHALLA
The accused during his police remand remained admitted in the Hospital and learned Judge Sh. Lalit Kumar Singla, JMIC, Mohali, while granting the police remand had ordered that if the accused has to be interrogated then it could be done only subject to declaring him medically fit by the Doctor. ... Thereafter, owing to his ill health, on 11.9.07, the prayer was made to the Court to send him in police custody and the learned Judge while rema....
2021 0 Supreme(Mad) 3467 • India - Madras
G.R.SWAMINATHAN
Finding of the Court: Remanding magistrate cannot afford to be mechanical. ... He has to satisfy himself that the person produced for remand is not suffering from mental illness - If assessment indicates that ... suicide - He left behind a suicide note implicating the three accused – Whether accused is suffering from any illness or is under ... And that is why, he was treated like a normal accused. Before producing him for remand, he was medically examined. The profo....
2021 0 Supreme(Mad) 3102 • India - Madras
G.R.SWAMINATHAN
Act, 1989 - Mental Healthcare Act, 2017 - Section 20(1), 100 to 105 - Petitioner's husband is suffering from bipolarity - When remand ... And that is why, he was treated like a normal accused. Before producing him for remand, he was medically examined. The proforma report certifies that he was fit for remand. Interestingly, the duty doctor who examined the accused is an ENT Specialist. ... He has to find out from the person on whom the intimation of arrest is served a....
2003 0 Supreme(Mad) 1919 • India - Madras
V.KANAGARAJ
and 401-Revision-Acquittal-Dying declaration recorded by magistrate and counter signed by doctor not accepted by magistrate and accused ... was acquitted-Held, for proving guilt of the accused sufficient other materials were available on the record-There has been miscarriage ... In the instant case, the evidence of P.W.5 the doctor very clearly shows that the deceased was conscious and was medically in a fit state to make a statement. ... marriage with the petitioner’s daughter, the deceased on 29.5.1994; that #HL_START....
2025 Supreme(Online)(Ker) 13449 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
to be in jail unless medically unfit. ... , 2023 - Sections 189(2), 191(2), 191(3), 190, 115(2), 117(2), 118(1), 118(2), 296(b), and 109 - Bail application - Petitioner, accused ... (Paras 10, 13, 15) ... ... Facts of the case: ... The petitioner is accused ... Therefore, I make it clear that the Court while remanding the accused should send the person directly to the jail in all circumstances except the cases in which he cannot reach up to the jail because of his ailment...........” 14. ... At this j....
1997 0 Supreme(J&K) 112 • India - Jammu and Kashmir
G.D.SHARMA, M.Y.KAWOOSA, A.Q.PARRAY
Inspector General of Police regarding remand. ... Para 21 ... , but it is the Executive Magistrate also who have powers of remands, unlike the provisions of law in other parts of the country. ... nbsp;In the state of Jammu and Kashmir, it is not only the Judicial Magistrate who has the powers of remands ... If the Magistrate is remanding the accused to the police custody, he has to give more cogent reasons in that aspect. ... The statute also provides that the person of the accused, i....
1997 0 Supreme(J&K) 111 • India - Jammu and Kashmir
M.Y.KAWOOSA, A.Q.PARRAY, G.D.SHARMA
Inspector General of Police regarding remand. ... Para 21 ... , but it is the Executive Magistrate also who have powers of remands, unlike the provisions of law in other parts of the country. ... nbsp;In the state of Jammu and Kashmir, it is not only the Judicial Magistrate who has the powers of remands ... If the Magistrate is remanding the accused to the police custody, he has to give more cogent reasons in that aspect. ... The statute also provides that the person of the accused, i....
2025 0 Supreme(Ker) 1537 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
to be in jail unless medically unfit. ... , 2023 - Sections 189(2), 191(2), 191(3), 190, 115(2), 117(2), 118(1), 118(2), 296(b), and 109 - Bail application - Petitioner, accused ... (Paras 10, 13, 15) ... ... Facts of the case: ... The petitioner is accused ... Therefore, I make it clear that the Court while remanding the accused should send the person directly to the jail in all circumstances except the cases in which he cannot reach up to the jail because of his ailment...........” 14. ... At this j....
• India - Crimes
S.G.MAHAJAN
case where request of accused for reducing sentence to period undergone should be accepted. ... during trial, withdrew and no new advocate was got appointed Obligation on Court to inform accused that if he was unable to engage ... convicted for committing rape on 12 year old girl, grand daughter of appellant - Appeal - Counsel appointed by Legal Aid to defend accused ... However, the learned Counsel for the accused appellant requested that instead of remanding the case to the trial Court the a....
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