When the police receive information, a complaint, or a report about a crime, an officer may arrest the suspect specified in the report to prevent additional violations. The suspect is then taken to the police station and is said to be in police custody. Police custody consists of the offender being detained in a prison cell within the police station. During this custody time, the police officer in charge of the case may question the suspect. This incarceration, however, should not last more than 24 hours. It is vital to remember that the 24-hour time frame does not include the time spent traveling from the police station to the court.
The term “police custody” refers to the circumstances in which the police have physical custody of the accused person. In contrast, judicial custody means that the accused is in the custody of the appropriate magistrate. In police custody, the accused is usually kept at a police station, but under judicial custody, they are kept in jail. When the police make an arrest, the Code of Criminal Procedure (Cr. P.C.) comes into play and takes effect, requiring the accused individual to appear before a magistrate within 24 hours after being apprehended. This guarantees that the person’s rights are respected and that their case is taken before a legal authority as soon as possible.
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Difference
In contrast to judicial custody, which entails the accused being detained in a jail and under the authority of the Magistrate, police custody refers to the accused being detained in a police station or in the custody of an investigating agency that is looking into the case.
A person in police custody must appear before the competent Magistrate within 24 hours, but a person in judicial custody is held in jail until the Court grants bail.
While judicial custody begins when the public prosecutor persuades the court that the accused’s custody is necessary for the inquiry, police custody begins when a police officer makes an arrest after receiving a complaint or filing a FIR.
The maximum time period for detention in police custody is 24 hours, which can be extended to a total of 15 days by the appropriate Magistrate, whereas in judicial in circumstances where the inquiry is connected to offenses punishable by life imprisonment, death, or imprisonment for a length of time, the maximum duration for detention is 90 days not less than ten years, and 60 days for crimes where the imprisonment is for less than ten years.
After being arrested, a suspect may be kept in either police or court custody. When a person is arrested, they are placed into police custody, where they are under the police’s control and supervision. Following that, the arrested person is hauled before a magistrate. At this point, the magistrate has the authority to remand the subject to court custody or release them to police custody.
When a suspect is remanded to judicial custody, he or she is placed in the custody of the relevant judge or court, generally in a jail or prison. If, on the other hand, the magistrate decides to return the suspect to police custody, they will be remanded under police supervision. The magistrate decides whether to place the suspect in judicial custody or return them to police custody depending on a number of considerations, including the nature of the offense, the possibility of the suspect leaving, and the necessity for additional investigation.
Police custody after judicial custody
The Karnataka High Court in Emmanuel Michael v. Union of India held that after being in judicial custody for a lengthy period, an accused cannot be remanded to police custody a second time in the same case. A single judge bench led by Justice M. Nagaprasanna partially granted a petition filed by one Emmanuel Michael, who is charged with violations of the Narcotics, Drugs, and Psychotropic Substances Act (NDPS Act), and declared illegal the special court’s grant of police custody six months after he was arrested and remanded to judicial custody. The bench cited CBI v. Anupam J. Kulkarni (1992), in which the Supreme Court ruled that police custody granted after 15 days was unlawful, implying that the second stint of police custody was also invalid. It must occur during the first 15 days following the accused’s arrest.
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