Physical Remand By Muneer Ahmad Sadhana Advocate

relevant law. Instructions about grant of rem and to police custody are incorporated in Chapter XXV of Police Rules, 1934. 2000 P.Cr.L.J 1576. Magistrate while granting rem and under S.167 , Cr.P.C should bear in his mind that a Police Officer arresting a person unjustifiably or otherwise than on a reasonable ground is guilty of an offense punishable under P.P.C. 1993 P.Cr.L.J 91. Once challan is submitted in the Court under S.173, Cr.P.C the provisions of S.169 Cr.P.C cannot be invoked. 2000 P.Cr.L.J 25. Offence U/s 380, suspects to be rem anded to police custody with the object of effecting recovery and should not be refused on the ground that material on record does not show that stolen property was in possession of accused and complainant has not disclosed his source of knowledge. 2004 YLR 447. The magistrate duty bound to satisfy himself before deciding the matter of rem and. PLD 2005 SC 835. Grant or refusal must be by positive application of mind. PLD 1999 Pesh. 39. Accused challenged and rem anded to judicial custody-Police cannot take away his custody. 1993 P.Cr.L.J 221. Duty of the court to inform accused about grounds of his arrest. Accused has a right to oppose his rem and and also ask for his release on bail. 1993 P.Cr.L.J 2066; PLD 1993 Pesh. 252. Granting of rem and is a judicial function; reasons for rem and have to be stated in the rem and order. 1993 P.Cr.L.J 2066. Report under section 167, Cr.P.C. is not binding on the Court. 1995 KLR (Cr. Cases) 453.

REMAND OF FEMALE ACCUSED

S.167 Sub Sections 5, 6 & 7 of Cr.P.C.

Rem and of woman can be given only in case of Qatl and Dacoity and that too with reasoning.

Direction can be given to Police for investigation in prison in presence of an Officer of Jail and a female Police Officer;

Sub-sections 5 to 7 added by Code of Criminal Procedure (Second Amendment) Act.XX of 1994

If necessary to take out female from Jail request shall be made to the Magistrate by an Officer not below the rank of Sub-Inspector.

Permission shall be granted to take out her from jail in the company of female Police Officer appointed by Magistrate;

She shall not be kept out of prison between sunset and sunrise