Difference b/w judicial and physical remand?

[maliasghar]

Dear all,

Can anyone explain first what a remand is, and then what is the difference between physical remand and judicial remand? Can the police in Pakistan beat up the accused during physical remand? (I want to know the legal position, not the actual practice that takes place)

Thanks.

[kainaatakash]

As per my knowledge
Remand means "to send back"
when an appellate courtsends an appealed case back to the trial court the case is said to be remanded.this usually happens when a trial judge made an error which requires a new trial and hearing
in other words we can say when an appellate court send a case back to the same court out ov whice it came for it the purpose of having some action on it there. it is judicial remand
n physical remand may be punnishment ov physical restrain or other physical punishment in police station it varies from country to country
for example in UK the person is not beaten only physical restrain is called physical remand

[imran bakht]

REMAND
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Remand means the act or an instance of sending something (case) or an accused back for further action.

KINDS OF REMAND
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There are two kinds of remand namely:

(1). Police remand
(2). Judicial remand

According to section 61 of crpc , the investigating police shall keep the accused in police station for only 24 hours of his time of arrest, and thereafter, if the investigation of the case is not completed, the investigation officer apply to the illaqa magistrate for the physical remand of the accused.

Section 344 CRPC contemplates remand of the accused in the judicial lock up after initiation of the proceedings in the court.

Section 167 of crpc provides that in certain cases detentionj in the police custody of the arrested person may be permitted so that the police may completeinvestigation and decide whether to proceed under section 169 or 170 of crpc.
However, before a magistrate can make an order of remand, the accused person must have been arrested by the police for the purpose of offence which is investigated and forwarded to the magistrate.

Illaqa Magistrate is competent to grant physical remand of the accused. But order for grant of physical remand of the accused must be passed with all seriousness keeping in view the relevant law and instruction about grant of remand to police incorporated in chapter 25 of police rules of 1934.

The only ground for granting remand by the magistrate is to see the nature of accusation nd grounds to believe that the same is well-founded against the accused.
While granting a remand the magistrate must have before him " a copy of the entries in the diary".