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Author Topic: for how long can a person be kept in custody or detention in India  (Read 9663 times)

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Offline maladhar

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for how long can a person be kept in custody or detention in India
« on: September 12, 2013, 10:10:01 PM »
for how long can a person be kept in custody or detention in India, for how may days, kindly explain this is regarding a criminal case

Offline tapsash

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Re: for how long can a person be kept in custody or detention in India
« Reply #1 on: September 12, 2013, 10:18:11 PM »
Detention in Custody of a person is of two types 1) police custody and 2) Judicial Custody

When a person arrested remains in custody of police it is called police custody

When a person arrested is sent to prison as inmate or under-trial prisoner, it is called Judicial Custody.

No police officer can detain a person in police custody for a period not exceeding 24hrs. However this period can be extended from time to time by magistrate as par section 57 of the Crpc.

When a person is arrested and detained in police custody, it is not always possible to complete all investigation within 24hrs, such person is to be presented before a magistrate  as par Section 167 of Crpc

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Offline advuma

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Re: for how long can a person be kept in custody or detention in India
« Reply #2 on: September 13, 2013, 11:34:22 PM »
advocate tapsash, you have explained so nicely, it will be very helpful to non lawyers looking for information on custody.

if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline NRI LEGAL CONSULTING

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Re: for how long can a person be kept in custody or detention in India
« Reply #3 on: September 16, 2013, 01:51:59 AM »
As above explain that Detention in custody of a person is of two types:
1. police custody: in this custody period is not exceeding 24 hours.
2. judicial custody:  it is not always possible to complete all investigation within 24hrs in police custody, such person is to be presented before a magistrate  as par Section 167 of Crpc
« Last Edit: December 14, 2013, 07:38:10 AM by admin »

Offline advocate-lyngdoh

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Re: for how long can a person be kept in custody or detention in India
« Reply #4 on: September 16, 2013, 08:12:27 PM »
It is mandatory to present a person in police custody before the magistrate within 24hrs on the arrest of a person. a magistrate shall at his discretion may extend the custody or may send such person to judicial custody or may release such a person after finding it apt to his understanding
Advocate Lyngdoh
Laitumkhrah, Shillong

Offline NRI LEGAL CONSULTING

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Re: for how long can a person be kept in custody or detention in India
« Reply #5 on: September 23, 2013, 12:56:46 AM »
yes you are right advocate-lyngdoh.

Offline Advokaterajiv

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Re: for how long can a person be kept in custody or detention in India
« Reply #6 on: November 27, 2013, 03:06:09 AM »
Custodial interrogation implies when an accused is in the custody of enforcement officials or police officers for interrogation. While in custody, several rights of the accused are on hold but some basic human and fundamental rights are nonetheless within his reach.
The conditions for grant of custodial interrogation: (section 167 Cr.P.C.)
Investigation not complete within 24 hours as under section 57 Cr.P.C.
The accused is required in custody for further investigation. The existence of grounds to believe that the information against the accused is well founded. A copy of the diary entries as well as the accused shall be forwarded to the nearest judicial magistrate.

Duration of Custody
Not more than 15 days at a time. Police custody cannot be more than 15 days  in toto.
In case of offences punishable with death, life imprisonment, or 10 years imprisonment, custody for a maximum period of 90 days. In case of any other offence for a maximum period 60 days.
According to the Supreme Court in the case of Elumalai v. State of Tamil Nadu, 1983 LW (Crl) 121:
A few guidelines before granting custodial interrogation:
Section 167(2) Cr.P.C. applies to arrest u/s 41(1) Cr.P.C. and in exceptional circumstances, to arrest u/s 151(1) Cr.P.C. The magistrate should be very watchful under this section that police does not violate liberty of citizens, arbitrarily and unreasonably.

Section 167 Cr.P.C. does not apply to arrest u/s 41 (2) Cr.P.C and court can order remand or extension of remand. The courts cannot mechanically pass orders without verifying the entries in diary and satisfying themselves about the real necessity for granting remand or extension thereof. The production of the accused before the court is mandatory, and no magistrate can order custody in the absence of the accused.
The jail authorities shall not withhold the accused even for a minute than the order of detention as detention without proper orders amounts to illegal detention.

Supreme Court observed in the case of Budh Singh v. State of Punjab (2000) 9 SCC 266 that after the expiry of 15 days of police remand, order for police remand for a further period of 7 days violates S. 167 Cr.P.C.

In the case of Chaganti Satyanarayana v. State of A. P. (1986) 3 SCC 141, Supreme Court held that “The period of 60 days or 90 days has to be compujted from the date of remand and not from the date of arrest under section 57 Cr.P.C.”

Current Scenario:
In 2008, the Unlawful Activities (Prevention) Amendment Bill, 2008 was introduced for speedy investigation and it sought to extend the maximum number of days a suspect can be detained for interrogation to 180 days, if it is not possible to complete the investigation within 90 days.

Regards,
Adv. Rajiv Malhotra
« Last Edit: December 14, 2013, 07:37:35 AM by admin »

 

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