5 HARD COURTROOM-BASED REMAND PROBLEM QUESTIONS

Problem 1 – Split Remand Abuse

Accused A is given 5 days police custody. After 10 days in judicial custody, police seek another 7 days police custody within the 15-day period. Is it valid?

Issue: Whether split remand permissible.
Law: Anupam Kulkarni
Answer Direction: Valid only if total within first 15 days and total PC does not exceed 15 days.

Problem 2 – Remand After 15 Days

Police seek 3 days police custody on 18th day from first production. Magistrate grants it.

Issue: Validity?
Answer: Illegal. Police custody barred after first 15 days.

Problem 3 – Mechanical Remand Order

Magistrate writes: “Remand granted as prayed.” No reasons recorded.

Issue: Whether order sustainable?
Law: Manubhai Patel; Jayrajsinh Jadeja
Answer: Order liable to be quashed for non-application of mind.

Problem 4 – Multiple FIR Situation

Accused already in jail in FIR 1. Police seek custody in FIR 2 without production warrant.

Issue: Procedure?
Law: Pradeep Ram
Answer: Must obtain production warrant and follow fresh remand procedure.

Problem 5 – Extension Without Fresh Grounds

Police seek second remand extension stating “investigation in progress” without specific purpose.

Issue: Whether sufficient?
Answer: No. Specific necessity must be shown; vague grounds insufficient.