In Indian law, police custody and judicial custody are two typical concepts, that have huge importance in the proceedings of crime investigation. It is important to note these distinctions for anyone involved with law or those facing legal proceedings.
What is Police Custody?
During the initial phase of an investigation, when the accused is directly under the control of the police, it is referred to as police custody. Usually happens as soon as someone is arrested, and the cops keep a suspect. It is done at a police station or locked up in the station for interrogation, evidence retrieval, or other investigative tasks. One of the main aims of police custody is to make the investigation process efficient as it gives the police the opportunity to have access to the accused.
Police Custody Meaning: When a person is taken into custody by police for a limited period (generally not exceeding 15 days or extended by a magistrate) from the date of the arrest.
What is Judicial Custody?
In judicial custody, on the other hand, the accused is sent by a court to jail or prison. Under judicial custody, the accused is no longer within the direct control of the police but is in the custody of the court. This custody prevents the accused from tampering with evidence or absconding and ensures the accused is present for legal proceedings.
Judicial Custody Meaning: A term used to denote the temporary confinement of an accused person under the supervision of a magistrate, usually for a period of up to 60 or 90 days, depending upon the severity of the offence.
Key Differences Between Police Custody and Judicial Custody
| Aspect | Police Custody | Judicial Custody |
| Authority | Police | Judiciary (Court) |
| Place of Detention | Police Station or Lockup | Jail or Prison |
| Duration | Maximum 15 days | Maximum 60 days (for lesser offences) or 90 days (for severe offences) |
| Interrogation | Police can directly interrogate | Police need court permission to interrogate |
| Bail | Less likely during police custody | Courts more likely to consider bail during judicial custody |
| Purpose | Facilitate police investigation | Ensure the accused is detained pending trial/investigation |
Life in Judicial Custody
Life in judicial custody involves being kept in jail under the supervision of the court. Contrary to police custody, where interrogation is the primary motive, judicial custody guarantees the presence of the accused in legal proceedings while protecting their rights.
Difference Between Arrest and Custody
Arrest, even though it is often used colloquially as a synonym for custody, is distinct from custody. An arrest is to seize someone believed to have committed a crime, and custody is the state of being kept temporarily in prison. All arrests are custodial, but not all custody situations are arrests.
Conclusion
In short, police custody is when people are detained for a short period to investigate, while judicial custody is the period after the investigation during which people are detained under court supervision. It’s important to understand these differences to approach the legal system correctly.
Frequently Asked Questions (FAQs):
What is judicial custody?
Judicial custody means the detention of an accused under the jurisdiction of a court, usually in a jail or prison.
How long can a person be kept in judicial custody?
The period can be as long as 60 or 90 days depending on the severity of the offense.
What is the difference between arrest and custody?
Arrest is the act of capturing someone, and custody is a state of being detained or under guard.
Where is the accused held during judicial custody?
Not in a police station, but in a central or state jail under the supervision of prison authorities.
How long can a person be kept in police custody?
It should be noted that the maximum police custody period is only 15 days (with extensions). Thereafter, the accused has to be sent to judicial custody.
Can an accused be moved back to police custody from judicial custody?
Yes, but only with court approval. The court may also allow immediate police custody in the event of the need for further questioning.
Is it easier to get bail in judicial custody?
Yes. After a close examination of the evidence to ensure that the accused won’t tamper with the investigation, courts are more inclined to grant bail, particularly during judicial custody.
What rights does an accused have in police custody?
Shall be brought before a magistrate within 24 hours of arrest. You have the right to an attorney and to not testify against yourself. Protection against custodial torture.
