Criminal Law

What is Transit remand? ||With Example

What is Transit remand?

What is Transit remand:- Transit remand is defined in Section 80 of the Code of Criminal Procedure  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 (thirty kilometres) the person has to be produced in a court of that particular district for remand.

Section 80 of Code Of Criminal Procedure, 1973

According to Section 80: – Procedure on arrest of person against whom warrant issued.

When a arrest warrant is executed outside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant is within (30 KM) thirty kilometres of the place of arrest or is nearer than the Executive Magistrate or District (SP) Superintendent of Police or Police of Commissioner within the local limits of whose jurisdiction the arrest was made or unless security is taken under section 71 of CrPC, be taken before such Magistrate or District Superintendent (SP) or Commissioner.

Example: – if an offence is committed in New Delhi but the accused is arrested in Chandigarh, then the police will seek his remand from a court in Chandigarh to transport him to New Delhi, so that he can be investigated and tried in New Delhi.

In case Mufti Abu Bashir Gujarat Police had sought his transit remand for taking him to Ahmedabad for detailed interrogation

Mufti Abu Bashir was arrested earlier in the day by a joint team of and the Anti-Terrorist Squad of Uttar Pradesh Police and Ahmedabad Police.

A court on Lucknow granted Gujarat Police three-day transit remand, an alleged mastermind of Ahmedabad serial blasts and an active member of outlawed SIMI.

Advocate Birbal Sharma

Education- M.Com, LL.B, DLL, LLM Practice Courts - Rajasthan High Court, Income Tax Appellate Tribunal and Intellectual Property Right Attorney Contact Number- 09785037216 Email ID-advocatebirbalsharma@gmail.com

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Advocate Birbal Sharma

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