AI Overview...
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Police Remand Authority - Police can request remand of an accused person after producing them before a Magistrate, either to police custody or judicial custody. The Magistrate has the discretion to grant or deny remand based on the circumstances, including whether the accused is already in police or judicial custody N. Ratnakumari VS State of Odisha - Orissa, STATE OF GUJARAT VS PATEL PRAMUKHLAL GORDHANDAS - Gujarat.
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Custody Conditions - An accused must be in actual police custody at the time of applying for remand. If the accused is not in police custody, the remand application may be considered invalid. Remand cannot be granted if the accused was not detained or in police custody when the application is made State of Gujarat VS Nitaben Abhaybhai Mehta - Crimes, STATE OF GUJARAT VS KARAMSI NAYABHAI PATEL - Gujarat.
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Judicial vs. Police Custody - Once an accused is in judicial custody, they cannot be handed over to police custody via remand. The court's order of remand is necessary to shift custody from judicial to police, and the Magistrate's order is crucial in this process STATE OF GUJARAT VS KARAMSI NAYABHAI PATEL - Gujarat.
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Surrender and Custody - Voluntary surrender without prior police custody does not automatically qualify for remand under Section 167(2). The legal framework assumes some prior police custody for the remand process to be initiated The State of Tamil Nadu vs Muneeswaran - Madras.
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Limitations on Police Detention - Police cannot detain a person beyond a reasonable period without producing them before a Magistrate. The detention period is regulated, and illegal detention can be challenged under rights against unlawful custody Sadhwi Pragyna Singh Thakur VS State of Maharashtra - Supreme Court, N. Ratna Kumari VS State of Odisha - Crimes.
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Special Circumstances - In cases involving abduction, ransom, or police encounters, the legality of detention and remand depends on the specific facts and whether proper procedures were followed. Evidence must be established before conviction, and illegal detention can be contested Santosh Kumar Dohare (dead), Bhure VS State of M. P. - Madhya Pradesh.
Analysis and Conclusion:
Police can ask for remand of a person only after producing them before a Magistrate and when the person is in actual police or judicial custody. The remand application must be based on the accused's custody status at the time of the request. If the accused is not in police custody, the application for remand is generally invalid. The Magistrate's role is to authorize or deny remand based on the facts, ensuring legal safeguards against illegal detention. Voluntary surrender without prior police custody does not automatically permit remand, and detention periods are regulated to prevent abuse. Overall, police cannot unilaterally request remand without the accused being in custody and proper judicial procedures being followed State of Gujarat VS Nitaben Abhaybhai Mehta - Crimes, STATE OF GUJARAT VS KARAMSI NAYABHAI PATEL - Gujarat, N. Ratnakumari VS State of Odisha - Orissa, STATE OF GUJARAT VS PATEL PRAMUKHLAL GORDHANDAS - Gujarat.
Search Results for "Can Police Ask for Remand of a Person Even when that Person is in Police Custody"
• India - Crimes
B.L.SHETHNA
Both the accused persons were present at the scene of offence when the police reached there, but neither of them was prepared to ... P.C. that the accused should be in actual custody at the time of remand application. ... It may be a different thing that in view of the order of the anticipatory bail the police cannot keep the accused in its custody ... Grant of anticipatory bail, even without any such conditions of remand by the police#HL_E....
2024 Supreme(Online)(MAD) 14056 • India - High Court of Madras
N. ANAND VENKATESH, J
Issues: Whether a person can surrender to any Magistrate without being in police custody and whether such Magistrate can then ... unless the accused was in police custody prior to the surrender, highlighting a systemic abuse by accused persons surrendering to ... 167(1); thus, a voluntary surrender without prior police custody is not actionable under Section 167(2). ... This section assumes some importance in view of the fact that two High Courts of....
1985 0 Supreme(Guj) 181 • India - Gujarat
A.P.RAVANI
In that case the court took the view that after an accused is taken into judicial custody he cannot be handed over to the police by way of remand to police custody. ... As laid down by the Supreme Court an accused person can be in custody not merely when the police arrests him produces him before a Magistrate and remands him to judicial or other custody. ... The Saurashtra High Court has further observed:" The Magi....
1993 0 Supreme(Guj) 126 • India - Gujarat
B.J.SHETHNA
After the accused were produced by the police before the learned Magistrate, they had applied for bail. ... Kotwal that the remand application was not maintainable before the learned Magistrate because the accused were not detained in custody ... when the remand application was moveed. ... Grant of anticipatory bail, even without any such conditions of remand by the police, would circumvent the right of the police to ask for #HL_STA....
2011 0 Supreme(SC) 931 • India - Supreme Court
J.M.PANCHAL, H.L.GOKHALE
detention by police - It is not available against custody in jail of person pursuant to a judicial order - Article does not operate ... and injuring more than hundred persons - With reference to the said bomb blast registered with Azad Nagar Police Station against ... such right is not available after the Magistrate remands the accused to custody - Right Article is available only against illegal ... If a person is arrested, the person#HL_EN....
2014 0 Supreme(Ori) 198 • India - Orissa
I.MAHANTY, S.K.SAHOO
After producing the accused, the police can always pray for remand of the accused either to his custody or to judicial custody. ... If a police officer detains a person in custody after arresting him without warrant considering that investigation cannot be completed ... arrested can be detained in custody by the police. ... After producing the accused, the police can always pray for remand of the ....
• India - Crimes
I.MAHANTY, S.K.SAHOO
Section 57 Cr.P.C. provides that no police officer shall detain in custody a person arrested without warrant for a longer period ... arrested can be detained in custody by the police—It should be reasonable period which may be even less than 24 hours and it shall ... officer feels that arrest of the person is not required—Where the police officer feels that arrest of a person is not required under ... After producing the accused, t....
2018 0 Supreme(MP) 392 • India - Madhya Pradesh
VIVEK AGARWAL, G.S.AHLUWALIA
.) -- Ss. 11/13 -- after 4 days of captivity, one abductee released -- never informed police about abduction and demand of ransom ... encounter -- no document filed pertaining to alleged police encounter -- abductee stated he was sold to another gang, whereas this ... villager -- other abductee stated that he was released after ransom was paid -- investigating officer stated that he was released in police ... Before the above section is attracted and a person is convicted, the prosecution must prove the....
1998 0 Supreme(Bom) 488 • India - Bombay
N.ARUMUGHAM, VISHNU SAHAI
Chief Metropolitan Magistrate, 37th Court, Esplanade, Mumbai, for remand on 21-8-1997. He was remanded to police custody till 4-9-1997. While passing the order of remand, the learned Addl. ... During the course of investigation the arrested persons including the detenu were produced before 15th Court, Mazgaon, Mumbai for remand. The detenu was remanded to police custody till 24-7-1997 and then subsequently the detenu was released by the Court on cond....
1973 0 Supreme(Guj) 103 • India - Gujarat
T.U.MEHTA
Procedure Code it is open to magistrate to remand accused to police custody or not – Contention of accused is that custody which ... that he had no jurisdiction to remand accused to police custody under sec. 344 of Code –Therefore set aside order passed by learned ... Code of Criminal Procedure, 1973 – Section 61, 167 and 344 – Order of remand accused – Judicial and Police ... This prayer of the police was resiste....
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