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Once you are arrested, the police may produce you before a magistrate, or send you to the district/city jail. If they produce you before a magistrate, he will be sitting inside a huge hall on an elevated platform. On both his sides, on the ground level will be a steno and the bench clerk. The steno records the proceedings and the bench clerk is the guy who will schedule appearances before the magistrate. You will need to wait outside the court till your case is called. It may take all day. A bailiff will announce the name of your lawyer and your name at the door of the courthouse in a loud voice. The bailiff will be the guy who will be in white with a red sash. There is a break in the court proceedings every 45mins and these proceedings will go on all day. If your lawyer bribes the bench clerk, your case may come up for hearing faster. Once you appear before the magistrate he may or may not look at you. He has the power to grant or refuse bail, as this is a non-bailable offence. If he decides to grant you bail, you may complete the formalities and get on with your life. Don?t forget to thank your gods. In the event he decides to remand you, he will make an entry in the appropriate diary and the court constable will take you into custody and escort you out. No one will be handcuffed or chained. The Supreme Court is very clear about this and by now you should know which judgment I am referring to. The court constable will process you by making notes of the birthmarks on your body and enter a description of you in his register. He will be rude and he will offer you unsolicited advice and jibes. When I mean you, I mean any and all members of your family who were unfortunately remanded.
There are two kinds of remands judicial and police. You will be remanded to judicial custody and this means you will be taken to a district or city jail. The difference between jailed and remanded is that people are jailed after they have been found guilty. This automatically implies that you are innocent. Don?t feel humiliated or dejected. There is nothing to be ashamed off. You are just being put through the process of the Indian criminal justice system. It is a process and needs to run its course. It will run its course. The men and the women will be separated and taken to different jails. Once you reach the jail in a police van or jeep, you will be meeting the jailor, his staff and the judicial warden. They will take away all your belongings, including medicines, Mangalsutra and cell phones for safekeeping. They will account for everything that they have taken from you. You will be given a plate, a mug, a mat and a thin sheet. You will be assigned an Identification number. You will be taken to large halls where 20 or so inmates will be held. These halls will have bars and no windows. Life will be difficult for those of you who have to endure this in the winter or summer. Among the inmates will be people charged with all sorts of crimes. In the women?s wing, most of the inmates will be charged with 498A, bigamy and prostitution. Life in remand will be regimented and there will be a routine that is followed. Tea will be given early in the morning. Lunch will be served late in the morning and dinner in the early evening. You will form a Q and stand in line with the rest to get your meals. Depending upon the region, meals consist of rice OR roti, not both, dal, a vegetarian dish and a glass of buttermilk. You will be served non-vegetarian meals on Sundays. Lactating and pregnant women will be given bread in the mornings. After dinner, all of you will be herded into these large halls and locked up. Initially, you may not be able to eat much, if at all, but you will get used to the routine. The bathrooms will have no latches and there will be no running water. You will be assigned specific duties. A doctor visits you every day in the morning to ensure that you are doing well. In the event of any serious illness, the jail staff will immediately shift the sick person to a local hospital and guard will be assigned to watch you in the hospital.
At set hours of the day, the jail staff will announce the names of people who have been granted bail. Generally, it is in the late morning and in the evening around 5pm. While in remand, your routine will come down to waiting to see if you were granted bail or not. Your life will turn into a long wait with anticipation, followed by a feeling of being let down. The cycle repeats itself until the day your name is announced and you are told that you would be released. Once you are granted bail and are set to be released, you will be checked by a doctor to ensure that you are doing fine. Your belongings will be accounted for and given back to you. The warden and the judicial warden will inform you of the terms of your bail and repeatedly warn you about being on time for court appearances. Failing to appear for a court hearing, even being late, can result in you landing in this jail again. They will also inform you about the conditions of your bail if there are any. You will be released into the custody of your lawyer and the ride home will be an exhilarating experience.Motives| Home | Prepare for 498a| FIR | Prepare for arrest| meeting police | Police Interrogation |