The common meaning of the word custody is the detention of a person. Custody of a person is of two types of judicial custody and police custody. In both of them, the person is detained in the custody of the law and the person is prevented from committing any other further crime or to interfere in the investigation of the case. An accused is kept under police custody and judicial custody according to the rules of the Code of Criminal Procedure, 1973. They are similar yet very different.
WHAT IS THE MEANING OF JUDICIAL CUSTODY?
Judicial Custody means an accused is in the custody of the concerned Magistrate and is in jail. A Judicial Magistrate may remand a person to any form of custody extending up to 15 days and an executive magistrate may order for a period of custody extending up to 7 days. Judicial custody can be extended to a maximum period of 90 days for offenses punishable with more than 10 years of imprisonment, and 60 days for all other offenses.
HOW BAIL IS GRANTED IN JUDICIAL CUSTODY?
Approval and process of the bail application are very specific according to the laws and the offense committed. There are commonly 3 types of bail in India which a person can apply depending upon the stage of the criminal matter:
- Regular Bail: A regular bail can be granted under Sections 437 and 439 of CrPC to a person who has already been arrested and kept in police custody. Interim
- Bail: Interim bail is granted to an accused before the hearing for the grant of regular bail or anticipatory bail.
- Anticipatory Bail: It is like an advance bail obtained under Section 438 of the CrPC A bail under Section 438 is a bail before an arrest and a person cannot be arrested by the police if the anticipatory bail has been granted by the Court.
WHAT IS POLICE CUSTODY?
Police Custody means that police have the physical custody of the accused. Section 167 of the CrPC allows that a person may be held in the custody of the police for a period of 15 days on the orders of a Magistrate. An arrest actually occurs when a person is detained by physical restraint. Soon after the arrest, an accused can be kept in police custody for up to 24 hours. Beyond that, it is the magistrate who decides whether he/she should stay in police custody or be remanded to judicial custody.
WHAT HAPPENS AFTER POLICE REMAND?
Remand or pre-trial detention is the process of keeping a person who has been arrested in custody before conviction. Those charged with serious crimes may be held in remand prison until trial or sentencing. When a person is remanded in custody it means that they will be detained in a prison until a later date when a trial or sentencing hearing will take place. When a person is remanded in custody it means that they will be detained in a prison until a later date when a trial or sentencing hearing will take place. A person who is on remand in a prison is not treated as a convicted prisoner, as they have not yet been found guilty of any offense.
HOW LONG COULD I BE DETAINED IN POLICE CUSTODY?
When following to 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 a police station, it’s called Police Custody. As per Section 167 of CrPC the person should be produced before the Magistrate in 24 hours (excluding travelling time from the place of arrest) with the evidence against him. Though, in some circumstances, police do keep the detainees illegally for more than 24 hours.
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