What is the Procedure for Remand in Criminal Cases
By Vidhi Legal Services | June 15, 2025
What is the Procedure for Remand in Criminal Cases — detailed guide by Vidhi Legal Services. Learn about the legal process, procedures, and your rights under Indian law. Expert legal insights.
Introduction
At Vidhi Legal Services, we understand that navigating the Indian legal system can be overwhelming. This comprehensive guide explains what is the procedure for remand in criminal cases in simple terms, covering the legal framework, procedures, and practical steps involved. Whether you are a litigant, a student, or a legal professional, this article provides valuable insights into one of the most important aspects of Indian law.
The Indian legal system is built on a rich foundation of statutes, precedents, and procedural codes that govern every aspect of civil and criminal justice. Understanding these principles is essential for protecting your rights and fulfilling your legal obligations. Our team of experienced advocates at Vidhi Legal Services has decades of combined experience handling cases across all courts in India.
In this article, we delve deep into the subject matter, addressing common questions, outlining step-by-step procedures, and highlighting key legal provisions. We also discuss recent judicial interpretations and amendments that affect how the law is applied today. By the end of this guide, you will have a thorough understanding of the topic and the confidence to take the next steps in your legal journey.
Understanding Remand in Criminal Cases
Remand is the process by which an accused person is sent to police custody or judicial custody during the investigation or trial of a criminal case. The term 'remand' is derived from the French word 'remander' meaning to send back. Under the Code of Criminal Procedure, 1973, remand is governed by Sections 167, 209, and 309. The purpose of remand is to ensure the presence of the accused during investigation and trial, to prevent tampering with evidence, and to facilitate the investigative process.
There are three types of remand in Indian law: police custody remand, judicial custody remand, and remand during trial. Police custody refers to the custody of the accused with the police for the purpose of investigation. Judicial custody means the accused is confined in a judicial lockup or prison under the supervision of the court. The maximum period of remand is regulated by law, and the accused has the right to be produced before a magistrate at regular intervals.
Remand During Investigation (Section 167 CrPC)
Section 167 of the CrPC deals with the procedure when an investigation cannot be completed within 24 hours. If a police officer believes that the information or evidence is sufficient to charge a person with an offense, and the accused is in custody, the officer must produce the accused before a magistrate within 24 hours. The magistrate may authorize the detention of the accused in police custody for a period not exceeding 15 days in the whole. After the initial 15 days, further detention can only be in judicial custody.
The total period of detention under Section 167 cannot exceed 90 days for offenses punishable with death, life imprisonment, or imprisonment for 10 years or more. For other offenses, the maximum period is 60 days. If the investigation is not completed within this period, the accused is entitled to default bail under Section 167(2) proviso. This is a crucial safeguard against indefinite detention without trial.
Remand During Trial (Section 309 CrPC)
Section 309 of the CrPC empowers the court to remand an accused to custody during the trial. When a case is adjourned for hearing, the court may order the accused to be remanded to custody for the duration of the adjournment. This is known as remand under Section 309(2). However, the court must record its reasons for ordering remand. The accused cannot be remanded beyond the period specified in Section 167 for the investigation stage, but there is no specific maximum period for remand during trial.
The Supreme Court in State of Rajasthan v. Balchand held that remand under Section 309 should not be used as a punitive measure. The court must consider whether the presence of the accused can be secured through bail conditions rather than incarceration. The principle of 'bail not jail' applies, and remand should be ordered only when there are compelling reasons, such as the risk of the accused fleeing or tampering with evidence.
Rights of the Accused During Remand
An accused person on remand has several rights that must be respected. They have the right to be produced before a magistrate within 24 hours of arrest. During police custody, the accused cannot be subjected to torture or inhuman treatment. They have the right to consult a lawyer, the right to have a family member informed about their custody, and the right to medical examination. The Supreme Court in Sheela Barse v. State of Maharashtra laid down guidelines for the protection of persons in custody.
The accused also has the right to apply for bail during the remand period. If the accused is not produced before the magistrate within 24 hours, the detention becomes illegal, and the accused is entitled to be released. The court must apply its mind before authorizing remand and cannot grant it mechanically. The remand order must be justified with reasons, and the accused must be given a copy of the remand order.
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