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Classification of Remand:-

Remanding the accused may of two types:

i) Remand in police custody, and

ii) Remand in prison custody or jail.

The most objectionable remand in Bangladesh is remanding on police custody since police uses unlawful torture on the accused on the pretext of extracting information the accused.

1.Features of remand

The salient features may be formulated as under :

i) Remand can be availed of by the police if it as appears that investigation cannot be completed within 24 hours.

ii) Remand can be granted by any Magistrate whether he has jurisdiction to try the case under investigation or not.

iii) Remand cannot be granted for a period of more than 15 days in one instance and not more than 90 days in total investigation relates to an offence punishable with death, imprisonment for life or for a term not less than 10 years and for not more than 60 days in total if the investigation relates to any other offence.

iv) After expiry of 90 days as indicated above the accused has to be released on bail.

v) Accused must be presented before the Magistrate.

vi) No Magistrate of II class unless specially empowered, can authorize detention in police custody.

vii) Remand can also be sought from an Executive Magistrate, if judicial Magistrate is not available but he cannot grant remand for a period of more than 7 days.

Posted from
Shoaib Rahman
LL.M. Advocate

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