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Report No. 268

8. Principles applying remand cases-

The following principles are laid down for the guidance of Magistrates in the matter of granting remands and District Magistrates (or in the districts in which the experiment of separation of the Executive from the Judiciary is being tried the Additional District Magistrates) are required to see that they are carefully applied :

(i) Under no circumstances should an accused person be remanded to Police custody unless it is made clear that his presence is actually needed in order to serve some important and specific purpose connected with the completion of the inquiry. A general statement by the officer applying for the remand that the accused may be able to give further information should not be accepted.

(ii) When an accused person is remanded to Police custody the period of the remand should be as short as possible.

(iii) In all ordinary cases in which time is required by the Police to complete the enquiry the accused person should be detained in magisterial custody.

(iv) Where the object of the remand is merely the verification of the prisoner's statement, he should be remanded to magisterial custody.

(v) An accused person who has made a confession before a Magistrate should be sent to the Judicial lock-up and not made over to the Police after the confession has been recorded. If the Police subsequently require the accused person for the investigation, a written application should be made giving reasons in detail why he is required and an order obtained from the Magistrate for his delivery to them for the specific purpose named in the application. If an accused person, who has been produced for the purpose of making a confession has declined to make a confession or has made a statement which is unsatisfactory from the point of the prosecution, he should be remanded to Police custody.

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

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