Judicial remand is a crucial concept in Pakistan’s legal system, but it can often seem confusing and complicated. This guide aims to break down the basics of judicial remand. It explain how it works, and outline the rights of an accused person under the law.
What is Judicial Remand?
Judicial remand refers to the process where an accused person, after being arrested, is sent to jail (judicial custody) while their case is being investigated. Unlike police custody (physical remand), where the accused is held by the police for interrogation, judicial remand involves the accused being kept in a jail under the supervision of a magistrate.
Difference Between Physical Remand and Judicial Remand
- Physical Remand: This is when an accused is kept in police custody. Physical remand is also reffered as Police custody or Police remand in Pakistan. The purpose of physical remand is to allow the police to question the accused or recover evidence related to the crime. The law in Pakistan allows a magistrate to grant physical remand for a maximum of 15 days.
- Judicial Remand: After the period of physical remand, if the investigation is still ongoing and the accused cannot be released on bail, they are sent to judicial remand. In this case, the accused is moved to a jail, and the investigation continues without the direct involvement of the police.
Legal Framework for Judicial Remand in Pakistan
Judicial remand in Pakistan is governed by several key laws and constitutional provisions:
- Criminal Procedure Code (Cr.P.C.) Section 167: This section outlines the procedures for both physical and judicial remand. It requires the police to complete their investigation within 24 hours of an arrest, or seek remand from a magistrate. This means that after arrest Police has to present the accused in front of magistrate to seek remand.
- Article 9 of the Constitution of Pakistan: This article guarantees that no one can be deprived of their life or liberty except according to the law. This means that any detention, including remand, must follow legal procedures.
- Article 10 of the Constitution of Pakistan: Provides specific safeguards against arbitrary arrest and detention. Before granting remand, the court must ensure these constitutional protections are not violated.
Guidelines for Judicial Remand
Courts in Pakistan have set out specific guidelines to protect the rights of the accused during judicial remand:
- Necessity: Judicial remand should only be granted when it is absolutely necessary for the investigation.
- Short Duration: The period of judicial remand should be as short as possible to avoid unnecessary detention.
- Judicial Oversight: A magistrate must carefully examine the reasons for requesting remand and ensure there is sufficient evidence to justify further detention.
- Rights of the Accused: The accused has the right to be present during the remand hearing, to oppose the remand, and to apply for bail.
Rules for Women During Physical or Judicial Remand
Pakistan’s legal system provides special protections for women during remand:
- Female Accused: Women accused of serious crimes like murder (Qatl) or armed robbery (Dacoity) can only be granted judicial remand with detailed reasoning.
- Detention Conditions: If a woman must be taken out of jail for investigation, this can only happen with a female police officer present, and she must be returned to jail before sunset.
Comparison with Indian Remand Law
Both Pakistan and India have similar laws for remand, but there are some differences:
- Bail After Remand: In India, if the police fail to submit a charge sheet (challan) within the prescribed time (60 to 90 days), the accused is entitled to bail. Pakistan does not have a similar automatic provision.
- Treatment of Female Accused: While both countries provide certain protections for women, Indian law mandates that female minors must be kept in a remand home rather than a regular jail.
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FAQs About Judicial Remand in Pakistan
1. What is judicial remand?
Judicial remand is when an accused person is sent to jail by a magistrate while their case is being investigated. This happens after the police have finished their initial questioning or physical remand.
2. How long can someone be kept in judicial remand?
The length of judicial remand depends on the case and the court’s decision. However, the law requires that it should be as short as possible to avoid unnecessary detention.
3. Can a person be released on bail during judicial remand?
Yes, the accused can apply for bail during judicial remand. The court will decide whether to grant bail based on the facts of the case.
4. What rights does an accused person have during remand?
An accused person has the right to be present during the remand hearing, to oppose the remand, to be informed of the reasons for their detention, and to apply for bail.
5. Are there special rules for women during remand?
Yes, women are granted special protections, such as the requirement for a female police officer to be present during any investigation outside of jail, and they must be returned to jail before sunset.
Understanding judicial remand is essential for knowing your rights and the legal process in Pakistan. If you or someone you know is facing remand, it is important to seek legal advice to ensure that all legal protections are upheld.
