Complete Police Custody Remand Master Chart
10 Supreme Court Judgments Every Magistrate Must Know
This chart is extremely useful for Magistrates dealing with remand under Section 167 CrPC / Section 187 BNSS.
π Supreme Court Remand Law Evolution Chart
| No | Case | Citation | Core Issue | Key Principle / Ratio | Practical Use in Court |
|---|---|---|---|---|---|
| 1 | CBI v. Anupam J. Kulkarni | (1992) 3 SCC 141 | Police custody period | Police custody allowed only within first 15 days of first remand | Magistrate cannot grant police custody after 15 days |
| 2 | State v. Dawood Ibrahim Kaskar | (2000) 10 SCC 438 | Arrest of absconding accused | Police custody possible after arrest of absconding accused even later | Useful when accused arrested long after FIR |
| 3 | Pradeep Ram v. State of Jharkhand | (2019) 17 SCC 326 | Accused already in jail | Accused in judicial custody can be taken on production warrant and remanded in another case | Common in multiple FIRs |
| 4 | Central Bureau of Investigation v. Rathin Dandapat | (2015) 11 SCC 275 | Split remand | Police custody may be granted in parts within 15 days | Magistrate can give 3+2+4 days |
| 5 | Directorate of Enforcement v. Deepak Mahajan | (1994) 3 SCC 440 | Custody under special laws | Remand powers extend to offences under special statutes | Applies to PMLA, Customs, etc. |
| 6 | Chaganti Satyanarayana v. State of Andhra Pradesh | (1986) 3 SCC 141 | Calculation of remand period | 90/60 day period starts from date of first remand | Important for default bail calculation |
| 7 | Sanjay Dutt v. State | (1994) 5 SCC 410 | Default bail | Default bail is statutory right if chargesheet not filed | Magistrate must release accused |
| 8 | Uday Mohanlal Acharya v. State of Maharashtra | (2001) 5 SCC 453 | Accrual of default bail | Right arises immediately after expiry of statutory period | Court must grant bail if application filed |
| 9 | Rakesh Kumar Paul v. State of Assam | (2017) 15 SCC 67 | 60 vs 90 days | If punishment less than 10 years β 60 days rule | Important for Magistrate in remand matters |
| 10 | Bikramjit Singh v. State of Punjab | (2020) 10 SCC 616 | Default bail right | Default bail is part of Article 21 liberty | Cannot be defeated by late chargesheet |
β Practical Remand Law Structure for Magistrates
Stage 1 β Arrest
Police arrest accused.
Relevant safeguards from:
-
D.K. Basu v. State of West Bengal
-
Joginder Kumar v. State of Uttar Pradesh
Stage 2 β First Production (Within 24 hours)
Magistrate must decide:
β Police custody
β Judicial custody
Guided by:
-
CBI v. Anupam J. Kulkarni
Stage 3 β During First 15 Days
Magistrate may grant:
β Police custody
β Judicial custody
β Split remand
Guided by:
-
Central Bureau of Investigation v. Rathin Dandapat
Stage 4 β After 15 Days
β Police custody not allowed
β Only judicial custody
Rule from:
-
CBI v. Anupam J. Kulkarni
Stage 5 β If Accused Arrested Later
Police custody may again be possible.
Rule from:
-
State v. Dawood Ibrahim Kaskar
Stage 6 β Multiple FIR Situation
Accused can be taken on production warrant.
Rule from:
-
Pradeep Ram v. State of Jharkhand
Stage 7 β Default Bail
If chargesheet not filed:
| Offence | Time Limit |
|---|---|
| Serious offence | 90 days |
| Other offence | 60 days |
Guided by:
-
Rakesh Kumar Paul v. State of Assam
-
Uday Mohanlal Acharya v. State of Maharashtra
π Visual Remand Timeline
β
24 Hours β Production before Magistrate
β
First 15 Days β Police Custody Possible
β
After 15 Days β Only Judicial Custody
β
60 / 90 Days β Chargesheet
β
If not filed β Default Bail
π§ One-Line Judicial Memory Sheet
| Case | Ratio |
|---|---|
| CBI v. Anupam J. Kulkarni | Police custody only within 15 days |
| State v. Dawood Ibrahim Kaskar | Absconding accused fresh custody |
| Pradeep Ram v. State of Jharkhand | Remand in different FIR |
| Chaganti Satyanarayana v. State of Andhra Pradesh | 60/90 days from first remand |
| Rakesh Kumar Paul v. State of Assam | Less than 10 years β 60 days |
β Most Common Courtroom Mistake by Magistrates
Granting police custody after 15 days.
This is illegal under:
-
CBI v. Anupam J. Kulkarni