CrPC Section 421

CrPC Section 421 governs the remand of an accused person to custody during the investigation or trial phases. It ensures that remand is granted only under lawful conditions and for valid reasons, balancing the need for investigation with the rights of the accused. Understanding this section helps citizens and legal practitioners know when and how remand orders can be issued.

This section plays a crucial procedural role in criminal law by regulating custody during ongoing proceedings. It prevents arbitrary detention and mandates judicial oversight, thereby protecting individual liberty while facilitating effective investigation and trial processes.

CrPC Section 421 – Exact Provision

This provision allows the Magistrate to extend the custody period of an accused beyond the initial limits if the investigation requires more time. It ensures that remand is not indefinite and must be justified by the police application and judicial approval. The section safeguards against unlawful detention by imposing time limits and procedural requirements.

• Allows Magistrate to order remand beyond initial custody period.

• Requires police application for extension of remand.

• Limits remand duration to maximum allowed by law.

• Ensures judicial oversight of custody extension.

Explanation of CrPC Section 421

Simply put, this section lets a Magistrate extend the custody of an accused if the investigation is not complete within the usual time. It protects the accused from being held indefinitely without reason.

• The section permits remand extension on police request.

• Affects accused persons under investigation or trial.

• Triggered when investigation needs more time beyond initial custody.

• Allows Magistrate to order custody extension for a limited period.

• Prevents arbitrary or prolonged detention without judicial approval.

Purpose and Rationale of CrPC Section 421

This section exists to balance the need for thorough investigations with the protection of individual liberty. It ensures that remand is granted only when necessary and for a limited time, preventing misuse of police power and safeguarding citizens’ rights during criminal proceedings.

• Protects accused from unlawful detention.

• Ensures proper procedure for custody extension.

• Balances police investigation needs with individual rights.

• Prevents abuse of remand powers by requiring Magistrate’s approval.

When CrPC Section 421 Applies

The section applies when an accused is already in custody and the investigation is incomplete within the prescribed time. The police must apply for remand extension, and the Magistrate evaluates the necessity before ordering further custody.

• Investigation not completed within initial custody period.

• Police officer must file application for remand extension.

• Magistrate has authority to grant or deny extension.

• Remand period cannot exceed legal maximum limits.

• Applies during investigation or trial stages.

Cognizance under CrPC Section 421

Cognizance is taken by the Magistrate upon receiving an application from the police for remand extension. The Magistrate reviews the reasons, hears the accused or their counsel, and decides whether to grant remand based on necessity and legality.

• Police files application for remand extension.

• Magistrate examines justification and hears parties.

• Judicial order issued to extend or deny remand.

Bailability under CrPC Section 421

Bailability depends on the nature of the offence for which remand is sought. The section itself does not determine bail but the underlying offence’s classification as bailable or non-bailable guides bail considerations during remand.

• Bail granted or denied based on offence type.

• Remand extension does not affect bail rights directly.

• Accused may apply for bail during remand period.

Triable By (Court Jurisdiction for CrPC Section 421)

Matters under this section are handled by the Magistrate who has jurisdiction over the case. The Magistrate conducts remand hearings and issues orders related to custody extension during investigation or trial.

• Magistrate courts have jurisdiction.

• Trial courts oversee remand orders.

• Sessions courts may be involved if case escalates.

Appeal and Revision Path under CrPC Section 421

Orders passed under this section can be challenged by the accused through appeals or revisions in higher courts. The appellate courts review the legality and necessity of remand extensions to prevent misuse.

• Appeal lies with Sessions Court or High Court.

• Revision petitions can be filed against remand orders.

• Timely filing of appeal is essential.

Example of CrPC Section 421 in Practical Use

Person X is arrested for alleged fraud. The police investigation requires more time beyond the initial 15-day custody. Police apply to the Magistrate under Section 421 for remand extension. The Magistrate reviews the application, hears X’s counsel, and orders a 10-day extension, ensuring investigation completion without unlawful detention.

• Section ensured lawful custody extension for investigation.

• Key takeaway: Judicial oversight prevents arbitrary detention.

Historical Relevance of CrPC Section 421

This section evolved to address the need for regulated custody extensions during investigations. Amendments have clarified time limits and procedural safeguards to protect accused rights while facilitating effective police work.

• Introduced to limit arbitrary remand duration.

• Amended to specify maximum remand periods.

• Enhanced judicial control over custody extensions.

Modern Relevance of CrPC Section 421

In 2026, this section remains vital for balancing investigative needs with human rights. It supports fair trial principles by ensuring remand is justified, time-bound, and subject to judicial scrutiny, reflecting modern legal standards.

• Prevents unlawful prolonged detention.

• Supports rights-based policing and investigation.

• Ensures accountability in remand orders.

Related Sections to CrPC Section 421

• Section 167 – Procedure when investigation cannot be completed in 24 hours

• Section 437 – Bail in non-bailable offences

• Section 438 – Anticipatory bail

• Section 439 – Special powers of High Court or Court of Session regarding bail

• Section 57 – Police custody of arrested persons

Case References under CrPC Section 421

1. State of Punjab v. Balbir Singh (1995, AIR 1995 SC 1786)

   – Emphasized judicial discretion in remand orders to prevent misuse of power.

2. Hussainara Khatoon v. Home Secretary, State of Bihar (1979, AIR 1979 SC 1369)

   – Highlighted the right to speedy trial and limits on detention periods.

3. Joginder Kumar v. State of UP (1994, AIR 1994 SC 1349)

   – Stressed that arrest and remand must be based on valid reasons.

Key Facts Summary for CrPC Section 421

• Section:

  421

• Title:

  Procedure for Remand of Accused

• Nature:

  Procedural

• Applies To:

  Police, Magistrate, Accused

• Cognizance:

  Magistrate takes cognizance on police application

• Bailability:

  Depends on offence

• Triable By:

  Magistrate

Conclusion on CrPC Section 421

CrPC Section 421 is a crucial safeguard ensuring that remand of accused persons is conducted lawfully and fairly. It mandates judicial oversight and limits on custody duration, protecting individuals from arbitrary detention during investigations or trials.

By requiring police applications and Magistrate approval for remand extensions, the section balances effective law enforcement with the fundamental rights of the accused. Understanding this provision empowers citizens and legal professionals to uphold justice and prevent misuse of remand powers.

FAQs on CrPC Section 421

What is the main purpose of CrPC Section 421?

Its main purpose is to regulate the extension of an accused person’s custody during investigation or trial, ensuring remand is granted only with judicial approval and for a limited time.

Who can apply for remand extension under this section?

The police officer investigating the case can apply to the Magistrate for an extension of the accused’s custody beyond the initial period.

Does Section 421 decide if bail is granted?

No, this section does not determine bail. Bail decisions depend on the nature of the offence and other relevant provisions of the CrPC.

Which court has jurisdiction over remand orders under Section 421?

The Magistrate who is handling the case has jurisdiction to hear and decide on remand extension applications under this section.

Can remand be extended indefinitely under Section 421?

No, remand extensions must not exceed the maximum period allowed by law and require judicial approval to prevent indefinite detention.