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Report No. 268

7. Accused must be produced before the Magistrate who should satisfy himself about necessity for remand-

Before making an order of remand to Police custody under Section 167 of the Code of Criminal Procedure the Magistrate should satisfy himself that-

(1) There are grounds for believing that the accusation against the person sent up by the Police is well founded;

(2) There are good and sufficient reasons for remanding the accused to Police custody instead of detaining him in magisterial custody. In order to form an opinion as to the necessity or otherwise of the remand applied for by the Police, the Magistrate should examine the copies of the diaries submitted under Section 167 and ascertain what previous orders (if any), have been made in the case, and the longer the accused person has been in custody the stronger should be the grounds required for a further remand to police custody. The accused person must always be produced before the Magistrate when a remand is asked for.

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

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