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Report No. 268

6. Remand cannot be granted for more than 15 days. Procedure when accused is brought before a Magistrate to obtain remand-

It should be further remembered that remands to Police custody cannot be granted under the Code of Criminal Procedure, for a longer period than 15 days altogether, and cannot be granted at all by a Magistrate of the third class, or by a Magistrate of the second class not specially empowered by the State Government. When an accused is brought before a Magistrate in accordance with Section 167, sub-section (1), Code of Criminal Procedure, the Magistrate must adopt one of the following courses:

(1) If he has jurisdiction to try the case or commit it for trial, either

(a) Discharge the accused at once, on the ground that there is no cause shown for further detention, or

(b) Remand him to Police custody (if empowered to do so) or to magisterial custody as he may think fit, for a term not exceeding 15 days, which term, if less than 15 days, may subsequently be extended up to the limit of 15 days in all, or

(c) Proceed at once to try the accused himself, or hold an inquiry with a view to committing him for trial, or

(d) If for any reason it seems necessary, forward the accused at once to the District or Sub-Divisional Magistrate to whom he is subordinate, or

(e) If himself a District or Sub-Divisional Magistrate, send the accused to a competent subordinate Magistrate for trial of commitment.

(2) If he has not jurisdiction to try the accused or commit him for trial, he must either-

(a) If he thinks there is no ground for further detention, at once send the accused to a Magistrate having jurisdiction, with a view to his trial or discharge, or

(b) If he thinks there is ground for further detention, remand him to Police custody (if empowered to do so) or to magisterial custody as he may think fit for a term not exceeding 15 days, which term, if less than 15 days, may subsequently be extended, up to the limit of 15 days in all.

Note-By Punjab Government Notification No. 11984, dated 16th April, 1924, all stipendiary Magistrates of the 2nd class have been invested with power to authorise the detention of accused persons in the custody of the Police under Section 167 (2) of the Code of Criminal Procedure as amended by Act XVIII of 1923.



Amendments to Criminal Procedure Code, 1973 - Provisions relating to Bail Back




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