After arresting a person, police officer cannot keep arrested person with him for more than 24 hours.
Within 24 hours police officer has to produce this man physically before a judge. (Here, the arrested man can also complain to judge if police had beaten him.)
Judge then takes this man in his "Judicial Custody- Judge's custody" and then he sends arrested man to Jail Authority to keep him on Judge's behalf till further order.
Here, two more things can happen:
1) A lawyer can move an application that his client is innocent, he may be given bail, he will come in court when required.
2) Here, police officer can oppose grant of bail and he can also make an application, that instead of sending arrested man to jail, his custody may be given to police.
He will give reasons for such requirement ...like: accused needs to be taken to place of offence to identify place,..... needs to ask him several things connected with crime... etc etc... List of permissible reasons is long.
The Judge hears arguments of police through public prosecutor. He also hears lawyer of accused about why custody should not be given to police. If the arrested person has fear that he could be beaten up in by police, his lawyers can say also.
Then, if the Judge thinks that it necessary, he gives custody of arrested person to police for few days so that police can complete investigation. He will also give some safety directions if arrested person fear that he may be beaten by police.
This is called Remand. There are detailed procedure for what is simplified above. I have written minimum to explain general idea.
The Remand does not give police any power to torture arrested person for information. After this given period, he has to again produce arrested person before Judge.
This is the short substance of Remand Order.
There is NO LAW authorising police to torture during custody. If the power is abused and if arrested person is tortured, there are some ways to complain to judge.
Haresh Raichura
1/9/13
Haresh Raichura
1/9/13
