n several situations mentioned in Section 54 of the Criminal Procedure Code, a person can be arrested without a warrant. Section 54(1) is a very important clause in that its grants the police the power to hold a person in custody. It states: A person can be arrested if he is concerned in any cognizable offence, against whom a reasonable complaint has been made or credible information has been received connecting him with the commission of such offence or reasonable suspicion exists about him.

Once a person is arrested, he is informed of the grounds for his arrest and the charges against him. He is then taken to the police station, kept in custody and interviewed by the police. Being held in police custody is often confusing and scary, both for the person and his family. If the investigation cannot be completed within 24 hours, the suspect is produced before a magistrate by a police officer, not below the rank of sub-inspector for a police remand under Section 61 of the CrPC.

Remand is the process of holding a person who has been arrested in physical or judicial custody. In physical remand, the arrested person is sent to police custody while in judicial remand they are sent to jail. A judicial remand is ordered when the suspect is not required by the police for further investigation and the case is adjourned under Section 344 of the CrPC. Thereafter, the detained person is produced before the court after every 14 days till the completion of the investigation and commencement of trial.

In judicial custody, at the time of entry into prison every person is medically examined by a medical officer under Rule 20 of the Prison Rules. In case of unexplained injuries on his body not already recorded in his medico-legal report accompanying the prisoner, a report is made to the sessions judge in charge of prosecution and the superintendent of police concerned.

Physical custody is granted to the police in several situations with specific objectives of collecting evidence, digging out the truth and safeguarding the interest of the suspect as well as the complainant. Police custody may be requested whenever appropriate and necessary. For police custody, the suspect is produced before the magistrate within 24 hours excluding the time required for the journey from the place of arrest to the magistrate’s court. Under Section 62 of the CrPC, an arrest is also reported to the zila nazim, the district Public Safety Commission and deputy superintendent of police supervising the relevant police station.

Physical remand under Section 167 of the CrPC restricts the personal liberty of the arrested person. It is considered an extreme measure a state can take against a person in its jurisdiction. Such detention places an immense responsibility on the detaining authority to treat the detained person humanly, diligently and with proper care. Article 9 of the Constitution of Pakistan provides that no person shall be deprived of his life and liberty except by law. Article 10 of the Constitution also provides safeguards from arbitrary arrest and detention. A request for physical custody can be opposed by the suspect himself or through an advocate of his choice. The magistrate examines the police file justifying police custody for the shortest possible time. The custody period cannot exceed 15 days.

Physical remand under Section 167 of the CrPC amounts to restricting the personal liberty of the accused. It is considered an extreme measure a state can take against a person in its jurisdiction.

However, in National Accountability Bureau and Anti-Terrorism Court cases, police custody can extend to 90 days. If there is no investigation after remand by the police, further custody is not granted. The court has to see evidence of a useful purpose for the grant of custody.

Police custody is granted by a magistrate of first class. In the case of a female suspect, police custody is granted only in cases of murder and robbery. The female suspects are interrogated in prison in the presence of a jail officer and a female police officer. Refusal to grant police custody can be challenged only in a revision petition before the sessions judge and in case of a special court before the high court.

Section 4(1)(F) of the Khyber Pakhtunkhwa Police Act, 2017, binds every police officer to ensure and protect the rights and privileges of a person taken into custody. In case of any excess by the police during custody, the matter may be reported to the court from which the remand was obtained. Police and other law enforcement agencies have no power to torture the accused during custody. If suspects are subjected to torture to extract evidence, this is a violation of Article 14 of the Constitution which protects the dignity of man. Torture to extract evidence is strictly prohibited because the dignity of every person is inviolable. No circumstances justify torture, degrading treatment or punishment during police custody.

The Torture and Custodial Death (Prevention and Punishment) Act, 2022, was passed by the parliament to protect the rights of the people in police custody. Under Section 3 of the Act, any statement, information or confession obtained through torture is not admissible in evidence.

Custodial violence occurs because some police officials believe that this is the only way to prevent criminals from committing more crimes. Many of them use violence as a shortcut to obtain quick results during investigations. Violence is also used to extract bribes from people who may have been falsely implicated and against whom there is no tangible evidence to connect them with the commission of the offence.

Many police officials lack proper training in the application of scientific methods in crime investigation and interrogation of the suspects.

The police and other law enforcement agencies need to be trained in such a manner that they act politely and respectfully towards all suspects.

Lack of supervision by superior police officials also encourages custodial violence.

There are numerous laws to safeguard the rights of prisoners and to prevent custodial violence. However, a majority of the population is unaware of the rights. Spreading awareness among the general public is vital for the proper implementation of these laws.

The writer is an advocate of the Supreme Court of Pakistan based in Peshawar. Ziaurrahmantajik123@gmail.Com