Understanding Remand and Relevant Laws in Pakistan This article aims to clarify these aspects and address common misconceptions.

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Meaning of Remand

The dictionary meaning of the word ‘remand’ is to return or send back. Legally, it has different meanings:

·???????? Sending back the accused or prisoner to the custody of a competent authority.

·???????? Sending an arrested person back to police custody for further interrogation while awaiting trial.

Types of Remand

Three types of remand can come into play when an individual is arrested:

·???????? Judicial Remand

·???????? Transit Remand

·???????? Police Remand or Physical Remand

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1.??? Judicial Remand: Section 344 of the CrPC 1898 an accused can be remanded by the judiciary and sent back to jail. This order can be given by a Magistrate, Court of Sessions, or High Court. There is no fixed duration for judicial remand.

2.??? Transit Remand:? Used when the accused needs to be transferred from one jurisdiction to another.

3.??? Police Remand or Physical Remand

Under Section 167 of the CrPC 1898, when the investigation cannot be completed within 24 hours, the accused is produced before a First-Class Magistrate who may order remand as necessary. The aggregate amount of physical remand should not exceed 15 days. The Magistrate must record reasons for passing an order of remand and send a copy to the Sessions Court.

Police officials file an application remand before a Magistrate to request remand for a certain period. The court may grant or deny the request based on the case circumstances.

Only a First-Class and Section 30 Magistrate can give an order of remand. The Sessions Court, High Court, Second-Class Magistrates, and Third-Class Magistrates are not authorized unless the provincial government authorizes a Second-Class Magistrate.

Rights of the Accused: The accused has the right to legal assistance, communicate with relatives, receive medical assistance if sick, and remain silent.

Relevant Laws and Sections

Criminal Procedure Code (CrPC) 1898:??????????

Section 167: Procedure for remand when the investigation cannot be completed within 24 hours.

Section 61: Police must produce the accused before a magistrate within 24 hours.

Section 344: Judicial remand for cases pending in court.

Constitution of Pakistan:

Constitution Article 10: Safeguards against arbitrary detention requires the accused to be produced before a magistrate within 24 hours.

The concept of remand is also found in the Constitution of Pakistan 1973. According to Article 10(2), every person who is arrested and detained in custody must be produced before a Magistrate within 24 hours of arrest, excluding travel time, and cannot be detained beyond this period without the authority of a Magistrate.

Constitution Article 14: Ensures the dignity of man and prohibits torture for extracting evidence.

Anti-Terrorism Act 1997: Section 21E

Initial Remand, Up to 15 days at a time, Total Remand Period, Not exceeding 90 days, extendable by the court with recorded reasons.

Control of Narcotic Substances Act 2021 (Amendment) section 49A:

Initial Remand, Up to 15 days at a time, Total Remand Period, Not exceeding 90 days, extendable by the court with recorded reasons.

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MISCONCEPTIONS AND LEGAL PROTECTIONS

Misconception: Police are entitled to physically abuse the accused during physical remand. This is illegal and prohibited.

Article 14 of the Constitution Prohibits torture for extracting evidence.

Section 167 of the CrPC, Requires the magistrate to ensure that the accused is not subjected to any form of torture or ill-treatment.

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REMEDIES FOR ABUSE DURING CUSTODY

If the accused is harmed during physical custody, they can:

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File a Complaint: Report the abuse to the concern magistrate or a higher judicial authority.

Human Rights Commission: Approach the Human Rights Commission of Pakistan.

Legal Action: File a petition in the High Court under Article 199 of the Constitution for the enforcement of fundamental rights.

I hope you find this article helpful. If you have any questions or feedback, please let me know. Please feel free to contact Advocate Abdul Hanan at 03452890471 or visit his website www.HosLawAssociate.com Thanks

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