PRELIMINARY NOTE

Under Article 10(2) of the Constitution of Pakistan 1973 and Section 61 of the Criminal Procedure Code (CrPC), 1898, an arrestee cannot be detained in police custody for more than 24 hours without obtaining special permission from a Magistrate under Section 167 CrPC.

Section 167 provides that if the investigation cannot be completed within 24 hours and there are grounds to believe the accusation is well-founded, the Investigation Officer (I.O) shall:

• Transmit a copy of the diary entries under Section 172 CrPC to the nearest Magistrate

• Forward the accused to such Magistrate

The Magistrate may authorize detention for a maximum of 15 days.

RELEVANT PROVISIONS

• Section 61 CrPC – Time limit of custody without Magistrate’s permission

• Section 167 CrPC – Remand during investigation

• Section 172 CrPC – Maintenance of case diary by police

• Section 344 CrPC – Judicial remand and adjournments

CIRCUMSTANCES UNDER WHICH REMAND TO POLICE CUSTODY IS GRANTED (SECTION 167 CrPC)

1. Investigation Not Completed Within 24 Hours
   If police cannot complete the investigation within 24 hours, the accused must be produced before a Magistrate along with the police diary.

2. Accusation Appears Well-Founded
   Where there are reasonable grounds to believe the complaint is genuine, the Magistrate may grant remand.

3. When Magistrate Deems Fit
   The Magistrate may authorize police custody only after examining the case diary, but not for more than 15 days.

4. Recording of Reasons
   The Magistrate must record reasons in writing for granting police custody and send a copy to the Sessions Judge.

GUIDELINES FOR MAGISTRATES IN GRANTING POLICE REMAND (As Per Case Law & Judicial Practice)

1. Police remand should only be granted in exceptional circumstances.

2. Reasons must be recorded in writing.

3. Order must be forwarded to the Sessions Judge.

4. After 15 days, police must submit either:

   • Complete challan (charge sheet), or

   • Incomplete challan (to commence trial).

5. Sufficient prima facie evidence must be present before granting remand.

6. The accused must be present during remand hearing.

7. Right of objection must be given to the accused.

8. The police file and diary must be carefully examined.

9. If no progress is made during previous remand, further remand must be denied.

10. If the challan is incomplete, the Magistrate may start trial based on the available material.

11. If challan is not submitted within 2 months, Magistrate shall report to Sessions Judge and issue notice to the District SP.

12. All adjournments and remands must be justified in written orders.

13. Under Section 167(3) CrPC, Magistrate must record reasons in writing and send a copy of the remand order to the Sessions Court.

JUDICIAL REMAND (SECTION 344 CrPC)

The court may grant judicial remand (detention in jail custody) up to 15 days in the following cases:

1. Where the accused is already in police custody, and further investigation or trial is delayed.

2. Where witnesses are absent or

3. Other reasonable causes delay trial or inquiry.

Reasonable Cause:
Suspicion based on evidence justifying detention, with expectation of obtaining further evidence during the remand period.

🖊️ Order of remand must be written and signed by the presiding Magistrate or Judge.

PROCEDURE FOR REMAND ON BAIL 

Applicable Sections:

• Section 167 CrPC

• Section 497-498 CrPC (Bail Provisions)

Conditions for Granting Bail During Remand:

1. Remand is not automatic detention: If the accused is eligible for bail under Sections 497 or 498 CrPC, the Magistrate must consider bail before granting remand.

2. The accused can apply for bail at any stage during police or judicial custody.

3. Magistrate may refuse remand and instead grant bail if:

   • No strong evidence exists

   • Offence is bailable

4. For non-bailable offences, bail may be granted if:

   • No reasonable grounds exist to believe the accused committed the offence (Sec 497(2) CrPC – further inquiry)

   • Accused is under 16, female, or sick/infirm (Sec 497(1) proviso)

5. During hearing of remand request, the Magistrate may grant interim or post-arrest bail in deserving cases.

6. Sessions Court or High Court may also grant bail during pendency of remand under constitutional or statutory provisions.

CONCLUSION

Remand serves as a legal tool to allow police or judicial authorities to continue lawful custody of an accused during investigation or trial. However, to prevent abuse of this power, strict constitutional and procedural safeguards are in place. The Criminal Procedure Code of Pakistan (CrPC 1898) provides clear limitations on the period and nature of custody, requiring judicial oversight and justification at every stage. Courts are expected to uphold the fundamental rights of the accused while ensuring justice is served by allowing adequate time for fair and thorough investigations. Any misuse or delay can lead to serious consequences, including denial of remand, initiation of trial on an incomplete challan, or grant of bail.