Section 167 of the Criminal Procedure Code 1973 deals with remand.
Meaning of remand
The word remand has no where been defined in the Criminal Procedure Code 1973. But it may be defined as follow ” to send back the case”
Essential conditions for the applicability of section 167
for the applicability of section 167 following conditions must be fulfilled –
- the person must be arrested and detained in custody.
- police officer is of opinion that investigation cannot be completed within 24 hours as prescribed under section 57.
- The accusation or information is well founded.
Effect of Section 167
Upon fulfilment of the above statutory condition Section 167 will be applicable to the case.
By whom remand may be demanded.
According to Section 167 remand may be demanded by any of the following authorities –
- by an officer incharge of police station.
- by police officer making investigatan of the case and he is not below the rank of Sub-Inspector
To whom remand may be demand?
According to Section 167 by any of the following authorities remand may be granted –
- By nearest Judicial Magistrate whether he has jurisdiction or not
- By nearest Executive Magistrate (167.2A)
Power of JM to grant Remand
According to 167(1) primarily JM first class is authorised to grant remand. According to proviso (c) of Section 167(2) the JM Second class is entitled to grant only when he is empowered by High Court.
Power of Executive Magistrate to grant remand
Under Section 167 (2A) the nearest executive magistrate is authorised to grant remand if following two conditions are fulfilled in the case-
- No Judicial Magistrate is available and
- the powers of Judicial Magistrate / MM have been conferred to him
Period of Remand
Under Section 167 (2A) Executive Magistrate may grant remand only for the period of 7 days.
The period of 7 days shall be taken into consideration in computing the whole period of 90/60 days.
Mandatory Requirement for Granting of Remand
According to Section 167 (1) and also u/s 167(2A) for granting of remand following two conditions must be completed in the case –
- Transmition of the copy of the police diary
- forwarding the accused before nearest JM or Executive magistrate
Above-mentioned conditions must be fulfilled at the same time as held by the Allahabad High Court in the case of Atiq Ahmad V. State af UP.
Production of accused how to be proved ?
According to Explanation II of the Section 167(2) the production of accused before the court may be proved by hes signature on the order authorising the detention.
Maximum Period of Remand
According to proviso to Section 167 (2) the period of remand will be as follow-
- 90 days where investigation relates to an offense punishable with death, imprisonment for life or imprisonment youa term not less than 10 years.
- 60 days where investigation relates to an an offence punishable with imprisonment of less than 10 years of and in other cases.
Nature of Custody
The nature of the custody can be altered from Judicial custody to police custody vice-versa during 15 days. But after the expiry of first 15 days accused can only be kept in judicial custody.
Computation of 60/90 days
The period of 90/60days is to be computed on the date on which an order of detention was made. If the Magistrate authorises detention on the date very date af arrest then the period of 90/ 60 is to be computed from the date of arrest.
Exclusion of period in computing 60/90 days
The Supreme Court in the case of Hussain Aara Khatun v.secratory, State af Bihar has held that in computing the whole period of 90/60 following date shall be excluded –
- The date on which detention order was made. or
- The date on which statutory period expires.
Effect of completion of 90/60 days
the Supreme Court in the case of Hussain Aara Khatun v. Secratory, State of Bihar has cleared that, Before expiry of 90/60 days, if the chargesheet has not been submitted then on the expiry of the said period. The accused person Shallbe entitled to be released on bailasa matter of right provided he is ready and willing to give required security. The court also cleared that it is the duty of the Magistrate to inform the accused that he has right to release on bail irespective of the nature of the case.
Effect of Bail Granted u/s 167
Bail granted u/s 167 shall have the same effect as of the chapter XXXIII. In other words person released under this section shall be deemed to be released under chapter XXXIII.