CrPC Section 490
Section 490 of the Code of Criminal Procedure (CrPC), India:
Section 490 – Remand of accused to custody of police or other person
Text of Section 490, CrPC:
490. Remand of accused to custody of police or other person
When a Magistrate remands an accused person to custody, such custody may be—
(a) in the custody of a police officer; or
(b) in the custody of any other person (not being an officer in charge of a police station), whom the Magistrate thinks fit to take charge of the accused.
Explanation:
What is remand?
When a person accused of a crime is arrested or produced before a Magistrate, the Magistrate can order that the accused be kept in custody while the investigation or trial continues. This is called remand.
Types of custody under this section:
The Magistrate has two options when remanding an accused to custody:
Police custody: The accused is kept under the supervision of a police officer. This is common during the investigation period.
Custody of any other person: The Magistrate can also send the accused to the custody of some other person (who is not a police officer) if he considers it appropriate. For example, the accused can be handed over to a jailer, or another authorized person.
Purpose:
This section gives flexibility to the Magistrate to decide where the accused should be kept when remanding them to custody, depending on the circumstances.
Example:
If the police require the accused for interrogation, the Magistrate may remand the accused to police custody.
If police custody is not needed, the Magistrate might remand the accused to judicial custody (e.g., jail custody or custody of a non-police person like a jail official).
Importance:
Protects the rights of the accused by regulating where they can be kept during remand.
Ensures proper control over custody, avoiding misuse of police powers.
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