Box-9
While authorizing detention of an accused in judicial/police custody, the court
shall:
Art.22(2) of the
Const. S.57 Cr. P.C.
1.
Ensure that detention beyond twenty
four hours is not made.
S.167 (1)
2.
Ensure that there are reasonable/
adequate grounds for believing that the
accusations/information against the
accused is well founded for seeking
remand.
S.167 (1)
3.
Ensure that the police official seeking
remand has forwarded copies of entries
in the case diary in support of the case
to the concerned Magistrate.
S.167 (2) (b)
4.
Ensure that the accused is physically
produced before the Magistrate in first
time and subsequently every time in
police custody but the Magistrate may
also extend further detention in judical
custody on production through the
electronice video linkage.
S. 167(3)
5.
Ensure that in the event of authorizing
detention in police custody, the
Magistrate shall record the elaborate
reasons for it.
S.167(2)
6.
Ensure that, where an accused person is
forwarded to him, irrespective of his
jurisdiction to try the case, he authorizes
the detention in the custody which he
deems appropriate, for a term not
exceeding 15 days in the whole.
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