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Principles of Remand, Bails and Hand-Cuffing Principles of Remand, Bails and Hand-Cuffing
× Principles of Remand, Bails and Hand-Cuffing
Principles of Remand, Bails and Hand-Cuffing
by S P Tyagi, Jatan Singh
Edition: 7th Edition, 2021
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Product Details:
Format: Hardback
Pages: 1304 pages
Publisher: Vinod Publications Pvt. Ltd.
Language: English
ISBN: 9788193250860
Dimensions: 23.80 X 0.50 X 15.80
Shipping Weight: 1.000(Kg)
Date Added: 2022-06-16
Search Category: LawBooks
Jurisdiction: Indian
Overview:

A developed jurisprudence of Bail is integral to a socially sensitized judicial process, Personal liberty is one of the cherished objects of the Constitution of India and deprivation of the same can only be in accordance with law. The concept of bail is well recognized principle among all the judicial system of the world. 'Bail' in law connotes to procurement of release from prison of a person awaiting trial or an appeal, by the deposit of security to ensure his submission at the required time to legal authority.

Arrest, Remand and Bail are components related to investigation. They generally come into play as an aid to investigation. Arrest directly curtails personal liberty of an individual. It strikes at his freedom. Many a times unwarranted arrests have reached the Courts of Law. There have been occasions when unlawful detention has been considered as a violation of fundamental rights and compensation thereof has been paid. Handcuffing of accused is violation of Articles 14, 19 and 21 of the Constitution of India, Only in cases of extreme circumstances handcuffs have to be paved on the prisoners, the extorting authority must record contemporaneously the reasons for doing so.

When following to the receipt of an information, complaint or scope by the Police about a crime, an Officer of Police arrested the suspect involved in the crime reported, to prevent him from committing the offensive acts further, such Officer bring that suspect to Police Station, it's called Police custody. Police custody refers that Police has the physical custody of accused while judicial custody means an accused is in the custody of the concerned Magistrate. In formal; the accused is lodged in Police Station Lockup while in the latter, it is the Jail.

A remand to Police custody of an accused person should not ordinarily be granted unless there is reason to believe that material and valuable information would thereby be obtained. If the Magistrate thinks that the Police not only require more time for their investigation but that for some good reason they require the accused person to be present with them in that investigation the Magistrate may remand him to Police custody, but while doing so, he must record the reasons for his order.

The Police custody after 15 days is not permissible. However, if complicity of accused is found in some other transaction while in judicial custody, then aforesaid limitation will not apply. More so, the first 15 days of PCR has to be counted from the date of first remand and not from the date of arrest. So far so, the accused who would be arrested during the further investigation after filing of the charge-sheet and taking cognizance of the case, would be governed by Section 167 Cr.P.C., and the accused can be remanded to Police custody.


 
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