Short Summary of Remand Under CRPC For Exam Purpose & Practice Aspect

Short Summary of CRPC For Exams & Practice Aspect for Lawyers & Dias tool of JMFC  

• Remand
  • S.41(1) and 41A: Directions to police and Magistrates for release of accused arrested on unjustifiable grounds
    • -Arnesh Kumar Vs. State of Bihar, AIR 2014 SC 2756
  • S.57: Special Order of Magistrate about custody of arrested prior to production before Magistrate.
  • 167(2): Custody of accused beyond the 24 hours:
  • S.167(2): Magistrate has to look into facts before granting remand
    • Manubhai Ratilal Patel Tr. Ushaben Vs. State of Gujarat and ors., AIR 2013 SC 313
  • S.167(2) Magistrate has to judicially scrutinize circumstances and if satisfied order police custody
    • Satyajit Ballulbhai Desai and Ors. Vs. State of GujaratI, (2015) CCR 321 (SC)
  • S.167(2) Absconding accused arrested after charge sheet can be remanded to PCR
    • -Central Bureau of Investigation Vs. RathinDandapat and ors.AIR 2015 SC 3285
  • Further Production through VC for MCR is permissible. No police custody without physical production of accused.
  • Police custody not to exceed 15 days from the date of the first production
    • -C.B.I. Vs. Anupam J. Kulkarni, AIR 1992 SC 1768

HOW TO COUNT WHEN ACCUSED SURRENDERED S. 167(1) CRPC 

• Presupposed that police already had custody of an accused an hence, voluntary surrender before another Magistrate is not the first date of production.
  • State of WB Vs. Dinesh Dalmia AIR 2007 SC 1801
• Custody Should not exceed 90 days in offences punishable with "Not less than 10 years" and 60 days in other offences
  • Rajeev Chaudhary Vs State (NCT) of Delhi, AIR 2001 SC 2369 
• Before Extending further custody beyond 60/90 days , the Magistrate should inform the accused about his right to bail and provide free legal aid counsel
  • Hussainara Khatoon and Ors. Vs. Home Secretary, AIR 1979 SC 1377
• If the accused had to be released under Section 167(2)(a) , Magistrate should call the explanation on affidavit of the IO for not filing the final report and if it is unsatisfactory, the A.P.P Should refer to the superior police officer for disciplinary action
  • Bhulabai wd/0 Barkaji Matre Vs. Shankar Barkaji Matre and Others, 1999(3) Mh. L.J.227. 

SECTION 169 : RELEASE BY POLICE :-

• When the investigation could not be completed within 24 hours from arrest (i) If there are grounds for believing that the accusation or information is well - founded PSO Shall Forward the accused to such Magistrate (ii) If PSO Finds no Sufficient evidence or reasonable Ground of Suspicion to Justify the Forwarding of the accused to a Magistrate (I.e. U/S 167) Such Officer Shall release him on Bond.
• Magistrate does not come in picture under Section 169
  • Mohd. Rafique Abdul Rahmand Vs. State of Maharshtra , 2013 Bom. C.R. (Cri) 251
• Section 169 Report is report of action taken by IO and Not final Report. Mere Report without  Final Report under S. 173 is not tenable
  • Maroti Vs. The State of Mahrashtra and Ors. 2015 (4) Bom. C.R. (Cri) 504 

SECTION 167(5)  :  Magistrate to Stop Further Investigation of Summons Case, if not completed in 6 Months from date of arrest of the accused. But the Already Collected evidence may be used for Charge Sheet.