প্রসঙ্গ- রিমান্ড নিয়ে হাইকোর্টের নির্দেশনা । আইনের ছাত্র-ছাত্রীরা সংগ্রহে রাখতে পারেন- 167-(1) Whenever and person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty four hours fixed by section 61, and there are grounds for believing that the accusation or information is well founded, the officer in charge of the police station or the police officer making the investigation if he is not below the rank of sub-inspector shall forthwith transmit to the nearest Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate. (2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the cases from time to time authorize the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole. If he has not jurisdiction to try the case or send it Recommendation-B (1) Existing sub-section (2) be renumbered as sub-section (3) and a new sub-section (2) may be added with the following provisions; Sub-section (2)-(a) If the Magistrate after considering the forwarding of the Investigating officer and the entries in the diary relating to the case is satisfied that there are grounds for believing that the accusation or information about the accused is well founded, he shall pass an order for detaining the accused in the jail. If the Magistrate is not so satisfied, he shall forthwith release the accused. If in the forwarding of the Investigating Officer the grounds for believing that the accusation or information is well founded are not mentioned and if the copy of the entries in the diary is not produced the Magistrate shall also release the accused forthwith. (b) If the Investigating Officer prays for time to complete the investigation for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate, having such jurisdiction: Provided that no Magistrate of the third class, and no Magistrate of the second class not specially empowered in this behalf by the Government shall authorize detention in the custody of the police. (3) A Magistrate authorizing under this section detention in the custody of the police shall record his reasons for so doing. (4) If such order is given by a Magistrate other than the chief Metropolitan Magistrate, District Magistrate or Sub-divisional Magistrate, he shall forward a copy of his order, with his reasons for making it, to the Magistrate to whom his immediately subordinate, the Magistrate may allow time out exceeding seven days and if no specific case about the involvement of the accused in a cognizable offence can be filed within that period the accused shall be released by the Magistrate after expiry of that period. (c) If the accused is released under clause (a) and (b) above, the Magistrate may period for committing offence under section 220 of the Penal Code suo motu against the police officer who arrested the person without warrant even if no petition of complaint is filed before him. (2) Sub-section (2) be substituted by a new sub-section (3) with the following provisions: (a) If a specific case has been filed against the accused by the Investigating officer within the time as specified in sub-section (2)(b) the Magistrate may authorized further detention of the accused in jail custody. (b) If no order for police custody is made under clause (c), the Investigating Officer shall interrogate the accused, if necessary for the purpose of investigation in a room specially made for the purpose with glass wall and grill in one side, within the view but not within hearing of a close relation or lawyer of the accused. (c) If the Investigating officer files any application for taking any accused to custody for interrogation, he shall state in detail the grounds for taking the accused in custody and shall produce the case diary for consideration of the Magistrate. If the Magistrate is satisfied that the accused be sent back to police custody for a period not exceeded there days, after recording reasons, he may authorized detention in police custody for that period. (d) Before passing an order under clause (c) the Magistrate shall ascertain whether the grounds for the arrest was furnished to the accused and the accused was given opportunity to consult lawyer of his choice. The Magistrate shall also hear the accused or his lawyer. (3) Sub-section (4) be substituted as follows: a) If the order under clause (c) is made by a Metropolitan Magistrate or any other Magistrate he shall forward a copy of the order to the Metropolitan Sessions Judge or the Sessions Judge as the case may be for approval. The Metropolitan Sessions Judge or the Sessions Judge shall pass order within fifteen days from the date of the receipt of the copy. (b) If the order of the Magistrate is approved under clause (a), the accused, before he is taken custody of the Investigating Officer, shall be examined by a doctor designated or by a Medical Board constituted for the purpose and the report shall be submitted to the Magistrate concerned. (c) After taking the accused into custody, only the Investigating officer shall be entitled to interrogate the accused and after expiry of the period, the investigating officer shall produce him before the Magistrate. If the accused makes any allegation of any torture, the Magistrate shall at once send the accused to the same doctor or Medical Board for examination. (d) If the Magistrate finds from the report of the doctor or Medical Board that the accused sustained injury during the period under police custody, he shall proceed under section 190(1)(c) of the Code against the Investigating Officer for committing offence under section 330 of the Penal Code without filing of any petition of any petition of complaint by the accused. (e) When any person dies in police custody or in jail, the Investigating officer or the Jailor shall at once inform the nearest Magistrate of such death. If a person dies in custody either in Jail or in police custody the relations are reluctant to lodge any FIR or formal complaint due to apprehension of further harassment. The existing provisions of section 176 of the Code appears to us not sufficient enough to take appropriate and effective action about such custodial death. Under the existing provisions of this section, the Magistrate is not bound to hold inquiry. So, we like to emphasis that the duty of the Magistrate shall be made mandatory.
Posted on: Sat, 27 Dec 2014 11:00:27 +0000
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