APCrRPCO Form No. 27 : Form of Remand Warrant

Explanation using Example

Example 1: Remand Warrant for Theft Case

Introduction: Ravi, a 28-year-old male, is accused of theft under Section 379 of the Indian Penal Code. He was apprehended by the police and brought before the Magistrate's Court in Hyderabad.

Application: The court, after reviewing the preliminary evidence, decides to adjourn the trial for further investigation. The Magistrate issues a remand warrant using Form No. 27 of the APCrRPCO, authorizing the officer in charge of the Hyderabad Central Jail to detain Ravi for 14 days until the next court date.

Outcome: The remand warrant includes Ravi's descriptive roll, ensuring proper identification. Failure to comply with the remand order could lead to legal consequences for the jail authorities, such as contempt of court.

Conclusion: This example illustrates the use of a remand warrant to legally detain an accused individual while ensuring procedural compliance and safeguarding the rights of the accused.

Example 2: Remand Warrant for Assault Case with Special Circumstances

Introduction: Priya, a 35-year-old woman, is charged with assault under Section 323 of the Indian Penal Code. She is visually impaired and requires special accommodations.

Application: The Magistrate's Court in Vijayawada issues a remand warrant using Form No. 27, considering Priya's special needs. The warrant specifies that she should be detained in a facility equipped to handle her disability, ensuring compliance with legal and human rights standards.

Outcome: The jail authorities must ensure Priya's needs are met, failing which they may face legal action for non-compliance with the remand order and disability rights laws.

Conclusion: This scenario highlights the adaptation of legal procedures to accommodate individuals with disabilities, ensuring equal access to justice and compliance with legal standards.

Example 3: Remand Warrant for Repeat Offender

Introduction: Anil, a 40-year-old male with a history of repeated offenses, is charged with burglary under Section 457 of the Indian Penal Code. He is brought before the Magistrate's Court in Visakhapatnam.

Application: The court issues a remand warrant using Form No. 27, noting Anil's previous convictions in the descriptive roll. The warrant mandates his detention for 21 days to prevent further offenses and ensure his presence at trial.

Outcome: The jail must maintain detailed records of Anil's detention, and any failure to produce him on the specified court date could result in legal repercussions for the authorities.

Conclusion: This example demonstrates the use of remand warrants to manage repeat offenders, emphasizing the importance of accurate records and compliance with court orders.

Example 4: Remand Warrant with Procedural Challenges

Introduction: Sita, a 30-year-old female, is accused of fraud under Section 420 of the Indian Penal Code. Due to procedural delays, her case is adjourned multiple times.

Application: The Magistrate issues a remand warrant using Form No. 27, extending Sita's detention by 7 days each time the trial is postponed. The warrant specifies the new court dates and times.

Outcome: The jail authorities must adjust their records accordingly and ensure Sita is produced on each new date. Failure to manage these procedural changes could lead to administrative penalties.

Conclusion: This scenario illustrates the procedural complexities involved in remand warrants and the importance of accurate record-keeping and communication between the court and jail authorities.