Criminal Manual 36 — Section

Gujarat High Court Criminal Manual (subordinate court practice), 1977

Statutory text

It is not feasible absolutely to prohibit the return of an accused person to Police custody after he has made a confession. An absolute prohibition of remand to police custody in such cases is impracticable, as the accused person may be required to identify persons or property, to assist the discovery of pro­perty or, generally, to be present while his statement is being verified. How­ever, it is desirable that discretion should be used in the exercise of the power to remand, and the following principles are accordingly laid down for the gui­dance of the Magistrates:—

(a) A remand to Police custody should not be made unless the officer making the application is able to show good and satisfactory grounds for it; a general statement that the accused may be able to give further information should not be accepted as being in itself a sufficient reason for remand.

(b) If the object of the remand is the verification of the prisoner's statement, he should ordinarily be remanded to Judicial custody.

(c) The period of remand should always be as short as possible.

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