What does a transit remand authorise when an accused is arrested outside the territorial jurisdiction of the court competent to deal with the case?
Question and options
What does a transit remand authorise when an accused is arrested outside the territorial jurisdiction of the court competent to deal with the case?
Moving a sentenced prisoner between prisons to serve the sentence
Transferring the criminal case itself to another court
Custody of the accused until produced before the proper court
Committing the accused to prison to serve a sentence
Answer and explanation
A transit remand is an order by which a Magistrate keeps a person arrested outside the jurisdiction of the competent court in custody so that the person can be taken to that court. Section 187(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 167(2) of the Code of Criminal Procedure, 1973) lets the Magistrate to whom the accused is forwarded authorise detention whether or not that Magistrate has jurisdiction to try the case, and Article 22(2) of the Constitution requires production before the nearest Magistrate within twenty-four hours, excluding journey time. The order neither transfers the case to another court nor concerns serving a sentence.
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