Police custody Vs Judicial custody
- When following the receipt of an information/complaint/report by police about a crime, an officer of police arrests the suspect involved in the crime reported, to prevent him from committing the offensive acts further, such officer brings that suspect to police station, it’s called Police Custody.
- Police custody is actually the custody of a suspect with the police in the lock up at the police station, to detain the suspect.
- The officer in charge of the case is required to produce the suspect before the appropriate judge(magistrate) within 24 hours (these 24 hours exclude the time of necessary journey from the police station to the court).
- Then the Magistrate can either release him on bail or he can either send him to judicial custody or to police custody.
- If the accused is juvenile, his age is to be ascertained and if he finds that he is juvenile, then he will be directed to be produced before Juvenile Justice Board.
Police custody | Judicial custody |
Police Custody means that police have the physical custody of the accused. | Judicial Custody means an accused is in the custody of the concerned Magistrate. |
The accused is lodged in police station lockup. | The accused is lodged in the jail. |
During this detention, the police officer in charge of the case may interrogate the suspect. | During Judicial Custody, the police officer in charge of the case is not allowed to interrogate the suspect. However, the court may allow the interrogations to be conducted if
it opines the interrogation being necessary under the facts produced before the court. |
Police custody may extend only up to a period of 15 days from the date custody begins. | Judicial custody may extend to a period of 90 days for a crime which entails a punishment of death, life imprisonment or period of imprisonment exceeding 10 years and 60 days for all other crimes if the Magistrate is convinced that sufficient reasons exists, following which the accused or suspect must be released on bail. |
Related Constitutional Provision
- The Constitution of India under Article 22 provides for the protection of the arrested person to the extent that he has a right to be informed of the reason for arrest and he must be produced before the nearest Magistrate within a period of 24 hours.
- Article 22 (1) also provides that he shall be entitled to consult and to be defended by a legal practitioner of his choice.
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