completed within twenty four hours and why he
considers that the accusation or the information
against that person is well-founded.
- If the Magistrate releases a person on the grounds that
the accusation or the information against the person
produced before him is not well-founded and there are
no materials in the case diary against that person, he
shall proceed under section 190(1)(c) of the Code
against that police officer who arrested the person
without warrant for committing offence under section
220 of the Penal Code.
Guidelines on Remand
If the Magistrate is satisfied on consideration of the reasons
stated in the forwarding letter as to whether the accusation
or the information is well-founded and that there are
materials in the case diary for detaining the person in
custody, the Magistrate shall pass an order for further
detention in jail. Otherwise, he shall release the person
forthwith.
- If the Magistrate passes an order for further detention
in jail, the Investigating officer shall interrogate the
accused, if necessary for the purpose of investigation,
in a room in the jail till the room as mentioned in
recommendation B(2)(b) is constructed.
- In the application for taking the accused into police
custody for interrogation, the investigating officer shall
state reasons as mentioned in recommendation B(2)(c).
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