Arrest and Remand - Tripti Shetty & Associates
What is Arrest?
As per Indian Law the police may arrest a person for both cognizable and non cognizable offences under the Criminal Procedure Code, 1973 (the "CrPC"). A cognizable offence is one for which the police does not require a warrant. Cognizable offences include more serious violations and are set out in First Schedule to the CrPC.
What is Remand?
Remand is a process wherein a person is required to be produced before the Magistrate / Judge by the police officer as soon as possible but at least within 24 hours from his arrest excluding travel time
What happens in Remand?
The Judge hears arguments of police through public prosecutor. He also hears lawyer of accused about why custody should not be given to police. On hearing the arguments, he may give custody of arrested person to police for few days for completion of the investigation. The Magistrate may authorize detention of the accused in police custody for a term not exceeding 15 days and thereafter send the accused to judicial custody This is called Remand.
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