Understanding Police Custody and Judicial Custody

When it comes to legal matters, the term ‘custody’ refers to the act of detaining someone for protective care. It’s essential to differentiate between “custody” and “arrest” as they aren’t interchangeable. While every arrest involves custody, the reverse isn’t necessarily true. A mere verbal statement or gesture doesn’t constitute an arrest; there must be a physical act of apprehension.

Arrest, remand, and bail are integral components of any investigation. Arrest directly impacts an individual’s personal freedom, making it a critical aspect of legal proceedings. However, instances of unjustified arrests have found their way into the courts, with unlawful detentions deemed as violations of fundamental rights, leading to compensations being awarded.

Types of Custody:

1. Police Custody:

This is the custody of a suspect held by the police in a jail at the police station, allowing for further detention and investigation.

As per Section 167 of The Code of Criminal Procedure, 1973, the suspect must be presented before a Magistrate within 24 hours (excluding travel time from the place of arrest), along with the evidence against them. The police may seek permission from the Magistrate to extend custody for up to 15 days for further investigation.

2. Judicial Custody:

This type of custody means that the accused is under the care and responsibility of the concerned Magistrate. Unlike police custody, where the suspect is held in a police station lockup, in judicial custody, they are lodged in a jail.

When presented before the Magistrate, the accused may be sent to jail or returned to police custody. In judicial custody, the suspect becomes the responsibility of the Court.

Laws Governing Custody in India:

As per Section 167 of The Code of Criminal Procedure, 1973, a suspect can be in police custody for up to 15 days, subject to the Magistrate’s orders. However, the person can be under judicial custody for up to 90 days for severe offenses and up to 60 days for other crimes, as deemed fit by the Magistrate in the interest of justice.

Key Differences between Judicial and Police Custody:

Duration:

Police custody: 2 hours to 15 days, extendable to 15 days by the Magistrate.

Judicial custody: Minimum 24 hours to 60 days.

Control:

Police custody: Complete control lies with the police officer on duty.

Judicial custody: Decision-making rests with the judge/magistrate based on court laws.

Investigation:

Police custody: Investigation is conducted by the police.

Judicial custody: The magistrate relies on evidence provided by interrogation reports and trial court hearings.

Procedure:

Police custody: Can occur without filing an FIR based on credible sources.

Judicial custody: Follows established legal procedures.

Charges:

Charges in police custody can be nullified if not proven guilty in court.

Jail:

In police custody, the accused is kept in a police lock-up.

In judicial custody, they are held in central jails, away from public scrutiny.

Understanding these nuances is crucial for both legal practitioners and individuals involved in legal proceedings. It ensures that the rights of those in custody are protected and that the law is upheld in a fair and just manner.

About Author

Sudhanshu Mishra is a distinguished figure in the fields of sociology and law, known for his expertise and contributions to both disciplines. As the owner of Legal Lens, he has demonstrated a deep understanding of legal intricacies and a commitment to disseminating knowledge. His insightful article above reflects his proficiency in explaining complex legal concepts with clarity and precision.