REMAND

 The word remand generally means to return or to send back but, in the legal world, it has two different meanings.

1. It means to send the accused back in the custody of the competent authority and
2. It means to send back the cases from the appellate court to the lower court.

Remand is the act of sending a prisoner back into custody, specially in order that further evidence on the charge may be obtained.  Remand means to send a prisoner back to police custody, after preliminary or partial hearing before a court or magistrate, to be kept until the hearing is resumed or the trial comes on.Sec. 309 contemplates a remand to judicial lockup and not police custody.

The power of a court to remand an accused to custody is governed by a number of provisions of the Cr.P.C, these being Sections of these 167(2), 209(b) and 309(2). Each provisions is independent of each other and come into play at different stages of the criminal trial. The remand under Section 167(2) relates to the stage of investigation and is ordered for furthering the investigation and can be either in judicial custody or police custody. The remand under S.209(b) relates to the stage when the magistrate commits the case, he can remand the accused to the custody during and until the conclusion of the trial subject to the provisions of bail under the code and finally remand under S.309(2) relates to a stage after cognizance and can only be sent to judicial custody.

 CUSTODY

Custody relates to the possession or control of the certificates as physical objects. Custody means judicial or penal safe keeping. As per Sec. 167 of Cr. P.C,if the investigation into an offence is not completed within 24 hours and the accused is in custody, the concerned police officers shall forward the accused to the nearest Judicial Magistrate. If the accusations made are well-founded, the accused shall not be released on bail unless his/her detention is authorized by a magistrate from time to time. In the case of a woman under 18 years of age, the detention shall be in a remand home or a recognized social institution