Complete Police Custody Remand Master Chart – Remand

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.


πŸ“Š 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

βš– 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:

βœ” Police custody
βœ” Judicial custody

Guided by:

  • CBI v. Anupam J. Kulkarni


Stage 3 β€” During First 15 Days

Magistrate may grant:

βœ” Police custody
βœ” Judicial custody
βœ” Split remand

Guided by:

  • Central Bureau of Investigation v. Rathin Dandapat


Stage 4 β€” After 15 Days

❌ Police custody not allowed

βœ” 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


πŸ“Š Visual Remand Timeline

Arrest
↓
24 Hours β†’ Production before Magistrate
↓
First 15 Days β†’ Police Custody Possible
↓
After 15 Days β†’ Only Judicial Custody
↓
60 / 90 Days β†’ Chargesheet
↓
If not filed β†’ Default Bail

🧠 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

βš– Most Common Courtroom Mistake by Magistrates

Granting police custody after 15 days.

This is illegal under:

  • CBI v. Anupam J. Kulkarni

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