Principles of Remand, Bails and Hand-Cuffing

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Description
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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Table of Contents
Part I 
Chapter 1 : Remand - General 
Chapter 2 : Remand of Police Custody or Other Investigating Agencies
Chapter 3 : Remand of Judicial During Investigation
Chapter 4 : Remand of Judicial Custody During Inquiry or Committal Proceedings
Part II
Chapter 5 : Remand of Judicial Custody During Warrant and Sessions trail 
Chapter 6 : Practice and Procedure
Part III
Chapter 7 : Law of Bails
Chapter 8 : Authorities Empowered to Grant Bail 
Chapter 9 : Bail in a Bailable Offence 
Chapter 10 : Bail in a Non-Bailable Offence 
Chapter 11 : Anticipatory Bail 
Chapter 12 : Bail on Technical, Legal and Statutory Grounds
Chapter 13 : Bail under Special and Local Acts
Chapter 14 : Cancellation of Bail
Chapter 15 : Bail-Post Conviction or Acquittal and Pending Reference or Revision 
Chapter 16 : Bail in Security or Preventive Proceedings
Chapter 17 : Bail Bond from Persons other than Accused 
Chapter 18 : Previsions as to bail Bonds
Chapter 19 : Bail and Custody Provisions under the "The Juvenile Justice Act"
Chapter 20 : Practice and Procedure with Model Forms of Bail Applications
Part VI
Chapter 21 : Law Relating to Arrest [with Special Reference to Latest Supreme Court
                           Pronouncements]
Part V
Chapter 22 : Law Relating to Handcuffs and Fetters
Part VI
Chapter 23 : Law of Habeas Corpus
Part VII
Chapter 24 : Parole 
Chapter 25 : Custodial Violence or Torture and Custodial Death
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Author Details
S.P.Tyagi
Jatan Singh, Advocate, Delhi High Court