Remand | Criminal Law - CLAT PG PDF Download

Police Custody 

• Police custody refers to the physical detention of the accused by the police, where the accused is kept in a police station's lock-up.
• After a First Information Report (FIR) is filed for a cognizable offense (punishable by over three years), the police arrest the accused to prevent tampering with evidence or influencing witnesses.
• According to  Section 57 of the Criminal Procedure Code (CrPC)  , the police cannot hold the accused for more than 24 hours, regardless of the investigation's status.
• The accused must be presented before the relevant Magistrate within 24 hours of arrest. The police then request remand to police custody to expedite the investigation.
• The police determine the duration of custody, which cannot exceed 15 days.

Judicial Custody 

• Judicial custody applies in serious offenses where the court may grant the police's request to remand the accused in judicial custody after the police custody period ends. This is to prevent evidence tampering or witness influence.
• A charge sheet must be filed within 90 days in criminal cases. If not, bail is usually granted to the accused. However, in serious offenses like rape or murder, the accused may remain in judicial custody longer, even after a charge sheet is filed, to avoid affecting the trial process.
• For most other crimes, judicial custody can last 60 days if the court finds sufficient reasons. After this period, the suspect or accused may be released on bail.

Section 167 of the CrPC 

• Section 167 of the Criminal Procedure Code (CrPC) regulates the custody of individuals for ongoing investigations. It permits a person to be held in police custody for up to  15 days by a Magistrate's order  .
• A Judicial Magistrate can remand a person to any form of custody for 15 days. An Executive Magistrate can extend custody for up to 7 days.
• Police custody can last up to  15 days  , while judicial custody can extend to  90 days  for serious crimes (life imprisonment or death penalty) and 60 days for lesser offenses, subject to the Magistrate's satisfaction.
• The Magistrate decides on police or judicial custody. Detaining authority can change during detention, but total custody cannot exceed 15 days. If a person is moved from police to judicial custody, time served in police custody is subtracted from judicial custody.