File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Police Custody And Judicial Custody: Know The Differences

Police custody or remand means that the physical custody of the accused is with the Police, and the accused is lodged in a lock-up of a police station. After an FIR is lodged for a cognizable offense (which provides a punishment of more than three years), the accused is arrested by the police to prevent the tampering of evidence or influencing the witnesses.

Judicial custody or remand is there in case of serious offenses, where the Court may accede to the request of the police to remand the accused in judicial custody after the police custody period expires, that is to prevent the tampering of evidence or witnesses.

Key Differences
  1. Police custody means that the accused stays in the lock-up of a police station or in the custody of an investigating agency that is probing the concerned matter, whereas judicial custody means that the accused stays in the lock-up of a police station or in the custody of an investigating agency who is probing the concerned matter, whereas judicial custody means that the accused is lodged up in jail and is under the custody of the Magistrate.
     
  2. A person lodged in police custody has to appear within 24 hours before the concerned Magistrate, whereas in judicial custody the person is kept in jail until there is an order from the Court for bail.
     
  3. Police custody begins as soon as the suspect is arrested by a police officer after receiving a complaint or filing an FIR, whereas, judicial custody begins after the public prosecutor satisfies the court that the custody of the accused is necessary for the investigation purpose.
     
  4. In police custody, the time period is 24 hours which can be extended to a period of 15 days as a whole by the appropriate Magistrate, whereas in Judicial Custody the maximum time period for detention is 90 days, in the cases where the investigation is related to offenses punishable with life imprisonment, death or imprisonment for a term of not less than ten years and detention is 60 days for crimes where the imprisonment is for less than ten years.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of th...

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Whether Caveat Application is legally pe...

Titile

Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as pro...

The Factories Act,1948

Titile

There has been rise of large scale factory/ industry in India in the later half of nineteenth ce...

Constitution of India-Freedom of speech ...

Titile

Explain The Right To Freedom of Speech and Expression Under The Article 19 With The Help of Dec...

Types of Writs In Indian Constitution

Titile

The supreme court, and High courts have power to issue writs in the nature of habeas corpus , quo...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly