Physical remand
جسمانی ریمانڈ
Criminal
Physical remand is the period for which a magistrate allows the police to keep an arrested person in their own custody so the investigation can continue.
What does Physical remand mean in plain words?
If the police arrest someone without a warrant, they must bring the person before a magistrate within 24 hours, not counting the travel time. If the investigation cannot be completed in that time, the magistrate can authorise detention, including in police custody, and must record his reasons for police custody. The person stays in a police lock-up during this time.
When will I hear Physical remand?
The police told the court they needed the accused for questioning, and the magistrate gave three days of physical remand.
Which law covers Physical remand?
Section 167, Code of Criminal Procedure 1898
Which related terms should I know?
Common questions about Physical remand
- What is the difference between physical and judicial remand?
- In physical remand the accused is held in the custody of the police. In judicial remand the magistrate sends the accused to jail instead. Both are orders of detention under section 167.
- How long can a magistrate authorise detention under section 167?
- Section 167(2) allows detention for a term not exceeding fifteen days in the whole, in such custody as the magistrate thinks fit. A magistrate who authorises police custody must record his reasons (section 167(3)).