Definition
Custody extension.
Sending accused to police or judicial custody.
Statutory Definition
BNSS 2023.
Etymology & Origin
From Late Latin 'remandare' meaning to order back or send back. In law, it refers to a court ordering a prisoner back into custody pending further investigation or trial.
Full Legal Analysis
Remand is the judicial act of sending an arrested person back into custody—either to the police (Police Remand) or to prison (Judicial Remand)—when an investigation cannot be completed within the 24 hours allowed for an initial police detention.
A Magistrate must authorize the remand. Police custody is usually granted for interrogation and recovery of evidence, while judicial custody is granted to ensure the accused does not flee or tamper with evidence while the investigation continues.
The total duration of police custody under general law is restricted to 15 days, though the BNSS has introduced provisions allowing this to be claimed in parts over a longer initial period (e.g., first 40 or 60 days). The maximum period of pre-charge sheet judicial custody is 60 or 90 days depending on the severity of the offence.
The Supreme Court clarified the strict limits on police remand under CrPC Section 167, establishing that police custody cannot be granted beyond the first 15 days following the initial arrest.
For defence counsel, fiercely contesting applications for police remand to protect the accused from coercive interrogation, and strictly monitoring the 60/90-day limit for 'default bail', are critical early-stage trial strategies.
This Term in Indian Statutes
Bharatiya Nagarik Suraksha Sanhita, 2023, 2023
"Procedure when investigation cannot be completed in twenty-four hours."
The fundamental procedural section governing pre-trial detention and custody limits.
