Everyday Law Explained:What is a Transit Remand?

What is a transit remand?
transit-remand-criminal-procedure
Vikas Dubey will be produced before the Magistrate in Ujjain for a transit remand.

 

What is a Transit remand?

A Transit remand is described under Section 80 Criminal Procedure Code and broadly explained under Section 76 Criminal Procedure code.

Sec.80 of Cr.P.C.

Procedure of arrest of person against whom warrant issued.

Procedure on arrest of person against whom warrant issued. When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant is within thirty kilometres of the place of arrest or is nearer than the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 71, be taken before such Magistrate or District Superintendent or Commissioner.

 

Sec.76 of Cr.P.C

Person arrested to be brought before court without delay.

Person arrested to be brought before Court without delay. The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 71 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person: Provided that such delay shall not, in any case, exceed twenty- four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’ s Court.
Simple way to understand:
Remand actually means ‘to hand over’ or ‘order-back’!
As Section 76 makes it mandatory for the officer/any other person executing a warrant of arrest to – “without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person: Provided that such delay shall not, in any case, exceed twenty- four hours exclusive of the time……..
This is a vital constitutional safeguard under Article 22(2) of the Constitution also!
In case the officer executing a warrant of arrest is not in a condition to comply with section 76 w.r.t 24 hours, then he must produce the arrestee before a local magistrate who will ascertain the time required for the ‘transit’ from the officer concerned and ‘remand’ the arrestee to him/her for the said period(usually a little more time)!
The word- ‘Remand’ means to ‘hand-over’ or ‘order-back’
Summary:
  • Transit remand is defined in Section 80 of the CrPC. The broader provisions for remand itself are defined in CrPC Section 76.
  • If a warrant of arrest is executed outside the district in which it was issued — unless the court that issued the warrant is within 30 km — the person has to be produced in a court of that particular district for remand.
  • Eg. if an offence is committed in Kanpur but the accused is arrested in Ujjain, then the police will seek his remand from a court in Ujjain to transport him to Kanpur so that he can be investigated and tried in Kanpur.

Adv.Sidharth Arora

Supreme Court of India

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