What is the process for obtaining police remand in Mumbai for interrogation?
MO Asked by Mohammed Khan from India
Quick Answer
Police remand in Mumbai is granted by a judicial magistrate on an application by the investigating officer under the Maharashtra Rent Control Act 1999 and Section 167 of the Code of Criminal Procedure.
Detailed Legal Analysis
Police remand in Mumbai is granted by a judicial magistrate on an application by the investigating officer under the Maharashtra Rent Control Act 1999 and Section 167 of the Code of Criminal Procedure. The police must demonstrate specific reasons for seeking custody, such as recovery of evidence or confrontation with co-accused.
The Bombay High Court has laid down that police remand should not exceed 15 days in total and must be granted only when absolutely necessary for investigation. The magistrate must record reasons for granting remand and ensure the accused is medically examined before and after remand.
The accused has the right to be represented by an advocate during the remand hearing. If remand is granted without proper justification, it can be challenged before the Bombay High Court through a revision petition.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.