Law: Criminal Procedure Code (V of 1898)

Section: 167,344

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 167 344---Procedure when investigation cannot be completed in twenty-four hours---Remand, grant of---Principles to be followed by the Magistrates enumerated. Following are the guidelines for exercise of powers by the Magistrates under sections 167 and 344, Cr.P.C. (1) During first 15 days the Magistrate may authorize the detention of the accused in judicial custody liberally but shall not authorize the detention in the custody of the police except on strong and exceptional grounds and that too for the shortest possible period; (2) The Magistrate shall record reasons for the grant of remand; (3) The Magistrate shall forward a copy of his order passed under section 167, Cr.P.C., to the Sessions Judge concerned; (4) After the expiry of 15 days the Magistrate shall require the police to submit complete or incomplete challan and, in case the challan is not submitted, he shall refuse further detention of the accused and release him on bail with or without surety; (5) After the expiry of 15 days, no remand shall be granted unless the application is moved by the police for the grant of remand/adjournment; (6) The application moved by the prosecution/police after the expiry of 15 days of the arrest of the accused shall be treated as an application for adjournment under section 344, Cr.P.C.; (7) Before granting remand the Magistrate shall ensure that evidence sufficient to raise suspicion that the accused has committed the offence has been collected by the police and that further evidence will be obtained after the remand is granted; (8) The Magistrate shall not grant remand/adjournment in the absence of the accused; (9) The Magistrate should avoid giving remand/ adjournment at his residence. (10) The Magistrate shall give opportunity to the accused to raise objection, if any, to the grant of adjournment/remand; (11) The Magistrate shall record objection which may be raised by an accused person and shall give reasons for the rejection of the same; (12) The Magistrate shall examine police file before deciding the question of remand; (13) If no investigation was conducted after the previous remand, the Magistrate shall…

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