Police Custody and Judicial Custody
Police Custody and Judicial Custody
1. Police Custody
Definition:
When an accused is kept in the custody of the police for the purpose of investigation, questioning, or gathering evidence.
The accused remains under police control.
Legal Provisions:
Under Section 57 CrPC, police can arrest a person and keep him in custody for up to 15 days if authorized by a Magistrate.
Police custody usually means physical custody by police officers.
Purpose:
To interrogate the accused.
To collect evidence related to the offence.
To prevent the accused from tampering with evidence or fleeing.
Limitations:
Police custody cannot be extended indefinitely.
Requires judicial sanction (permission of Magistrate).
Police custody is more restrictive and comes with higher risk of custodial torture or abuse.
Rights of the Accused:
Right to be informed of grounds of arrest.
Right to legal counsel.
Right to medical examination if custody is extended.
Right to be produced before Magistrate within 24 hours (Section 57 CrPC).
2. Judicial Custody
Definition:
When an accused is kept in custody by the order of a Magistrate or Court.
The accused is confined in jail or lock-up under the supervision of jail authorities, not police.
Legal Provisions:
Under Section 167 CrPC, if the investigation cannot be completed within 24 hours, the accused is remanded to judicial custody.
The Magistrate can order judicial custody for up to 90 days during investigation.
Beyond 90 days, the accused must be released on bail unless charged.
Purpose:
To ensure the presence of the accused during the trial.
To prevent tampering with evidence.
To protect the rights of the accused from possible police abuse.
Conditions:
Judicial custody is considered safer and less coercive than police custody.
The accused is in the custody of jail authorities.
The accused has the right to communicate with the outside world (within jail rules).
3. Differences between Police Custody and Judicial Custody
| Aspect | Police Custody | Judicial Custody |
|---|---|---|
| Custodian | Police | Magistrate / Jail Authorities |
| Purpose | Investigation, questioning | Detention during investigation/trial |
| Location | Police lock-up or police station | Jail or prison |
| Maximum Duration | Up to 15 days (with Magistrate’s permission) | Up to 90 days during investigation |
| Risk of Torture | Higher risk | Lower risk |
| Rights | Right to legal aid, medical exam, production before Magistrate | Right to bail, fair treatment in jail |
| Authorization | Magistrate’s permission required | Magistrate’s order |
4. Summary
| Custody Type | Who Controls? | Purpose | Location | Maximum Duration |
|---|---|---|---|---|
| Police Custody | Police | Investigation and questioning | Police lock-up/station | Up to 15 days (with Magistrate approval) |
| Judicial Custody | Magistrate/Jail | Detention during trial/investigation | Jail/prison | Up to 90 days (during investigation) |
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