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Learn the difference between police custody and judicial custody in India, as per The Code of Criminal Procedure, 1973. Compare the duration, control, investigation, procedure, charges, and jail of each type of custody.
Apr 3, 2024 · In police custody, the accused is lodged in police station lockup while in case of judicial custody, it is the jail. When judicial custody kicks in, the accused is processed under Section 167 of Cr.P.C. and the judicial magistrate has the power to extend this period of custody from time to time.
Oct 11, 2021 · Learn the difference between police custody and judicial custody in criminal procedure code, and the laws governing custody in India. See the context of Ashish Mishra sent to 14-day judicial custody.
- Introduction
- What Is Judicial Custody
- What Is Police Custody
- Section 167 Crpc
- Recent Trends and Developments in Law Relating to Judicial and Police Custody
- Conclusion
- References
The word ‘custody’ has been derived from the Latin word “custodia” which means “keeping a watch or guard.” It means to apprehend someone for a reason which could either be to prevent the person from committing a crime or for the safety of a person. At times, people use ‘arrest’ and ‘custody’ synonymously. But there is a difference between the two. ...
When a person is kept in custody by a magistrate, it is called judicial custody. Unlike police custody, here a person is kept in jail on the orders of the magistrate for a certain period of time wh...When a person is first arrested due to an FIR lodged in the police station and is accused of a cognizable offence, he is brought before the magistrate within 24 hours. The magistrate decides whethe...If a person is in judicial custody and the investigation is still going on and the charge sheet has not been filed by the police within 60 days if the offence has imprisonment for 10 years or less...According to Section 436Aof Criminal Procedure Code, 1973 if a person is in judicial custody for half of the maximum punishment that could be awarded for the offence and the trial is pending in the...When a person is arrested by police for charges of committing a heinous crime or on suspicion, he is detained in police custody. The rule to produce a person before a magistrate within 24 hours of...The magistrate has been given the power under Section 167 to remand a person in police custody. He can also order to change the custody from police custody to judicial custody. In such a situation,...In the case of State v. Dharampal (1982), it was held that a person must be sent to police custody within 15 days from the date he is produced before the magistrate under Section 167 of the Crimina...In the case of Mithabhai Pashabhai Patel v. State of Gujarat (2009),it was held that an accused cannot be taken into police custody if he has been granted bail unless his bail is canceled.According to Section 167 of Criminal Procedure Code, 1973 the maximum time period a person would be in police custody is 15 days. The judicial magistrate can extend the time period of police custody only upto 15 days if the investigation is not complete. In case judicial magistrate is not available, the executive magistrate can order the person to ...
The procedure for arrest in criminal cases is given under Chapter 5 of the Criminal Procedure Code, 1973. After a person is arrested by the police, he is to be produced before the magistrate within 24 hours, and then the magistrate after the evidence is produced can send him back to police custody for further inquiry or investigation or judicial cu...
Thus, it is clear that there are two types of custody: judicial custody and police custody. In judicial custody, the person is kept in jail as per the orders of the magistrate, and the investigation is done with his prior permission while in police custody, the person is kept in a police station’s cell for a maximum of 15 days and after that, if th...
- Rachit Garg
Jan 29, 2022 · Learn the difference between police custody and judicial custody, two types of custody in criminal law. Police custody is when a person is kept in jail after being arrested, while judicial custody is when a person is kept in jail after being charged or convicted.
Learn the difference between police custody and judicial custody in India, as defined by the Code of Criminal Procedure (CrPC). Find out the purpose, duration, and rights of the accused person in each type of custody, with examples and landmark cases.
Dec 15, 2023 · When a person is arrested by police for charges of committing a heinous crime or on suspicion, he is detained in police custody. The rule to produce a person before a magistrate within 24 hours of arrest is given under Section 167 of Criminal Procedure Code, 1973 (CrPC).
