Inter- State Arrest, Transit Remand and Right To Legal Representation :

22Feb,2021

Inter- State Arrest, Transit Remand and Right To Legal Representation :

The ideas of 'travel remand' and 'standards for between express captures' are as a rule broadly talked about in the wake of the capture of 21-year old environment extremist Disha Ravi by the Delhi Police from her Bengaluru inhabitant in the 'tool compartment' case. Numerous legitimate specialists have scrutinised the Ravi's authority saying that it was not went with a 'travel remand request' from Bengaluru and standards for between state capture were disregarded. The Delhi Commission for Women has taken suo moto awareness of the issue in the wake of boundless analysis against Ravi's capture and remand.

In this scenery, this piece is an endeavour to clarify the ideas of 'travel bail' and the 'rules for between state capture'.

What is a Transit Remand Order?

In down to earth terms, 'travel remand request' signifies on hand passed by a Judicial Magistrate remanding a captured individual to police faculty from the external state had the power to capture the individual, and that such capture was done lawfully. Further, the neighbourhood Magistrate the other-state police to remove the arrestee from his home state.

'Travel remand request' goes about as a significant layer of security in situations where an individual is removed from his recognisable conditions to an outsider spot. While the expression "travel remand request" isn't completely characterised in Indian criminal law, it discovers its underlying foundations in Section 167 of the Code of Criminal Procedure. Area 167 sets out the technique when the examination can't be finished in 24 hours as fixed by Section 57 and requires the cop to send to the closest Jurisdictional Magistrate a duplicate of the passages in the journal identifying with the case, The Magistrate thusly may

approve detainment of the charged for a term not surpassing 15 days, and in the event that he has no locale, he may arrange the denounced to be sent to a Magistrate having such purview.