remand

In criminal procedure, when investigation cannot be completed within 24 hours of arrest, the police produce the accused before a Magistrate, who may authorise detention under s.187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (old s.167 CrPC). Police custody may be given for not more than fifteen days in all, which under the BNSS may be taken in parts within the first forty or sixty days of the total detention period. Total detention without a charge-sheet cannot exceed sixty or ninety days depending on the offence; after that the accused gets default bail.

In civil and appellate practice, remand means an appellate court sending a case back to the trial court for fresh decision or for findings on an issue (Order XLI Rules 23 to 25 CPC). Remand should not be ordered where the appellate court can decide on the evidence already on record.

Example

The Magistrate remanded the accused to judicial custody for fourteen days under s.187 BNSS, refusing police custody.

In Indian law

• Section 187, Bharatiya Nagarik Suraksha Sanhita, 2023 (old s.167 CrPC)
• Order XLI Rules 23–25, Code of Civil Procedure, 1908 (remand by appellate court)

See also

police custody · judicial custody · default bail · arrest

Read more in the study notes

• Criminal procedure: meaning, background and salient features of the BNSS (Bharatiya Nagarik Suraksha Sanhita)
• Initiation of a criminal case: FIR, Zero FIR, preliminary enquiry, investigation and complaint (Bharatiya Nagarik Suraksha Sanhita)
• Arrest: concept, procedure, safeguards, proclamation and handcuffing (Bharatiya Nagarik Suraksha Sanhita)
• Processes to compel appearance and production of things (Bharatiya Nagarik Suraksha Sanhita)
• Jurisdiction in inquiries and trials, evidence, and general provisions as to inquiries and trials (Bharatiya Nagarik Suraksha Sanhita)
• Transfer of criminal cases (Bharatiya Nagarik Suraksha Sanhita)