Police Custody and Judicial Custody

The concepts of police custody and judicial custody play vital roles in ensuring a fair and just legal process. When individuals are accused of crimes, their custody status determines the conditions under which they are held and the authority responsible for their supervision.
Judicial custody and police custody represent distinct stages within the criminal procedure, each serving specific purposes in safeguarding the rights of the accused and maintaining the integrity of the legal system.
Meaning of Custody?
The term “custody” refers to apprehending someone to provide protective care.
For example, if you are responsible for a group of children in a room and you observe one child engaging in dangerous behaviour that puts others at risk, it would be necessary to restrain that child and keep them separated. This concept resembles the principle behind arresting a suspected criminal to protect others.
What is Police Custody?
When the police receive information, a complaint or a report about a crime, an officer may arrest the suspect mentioned in the report to prevent them from committing further offences. The suspect is then brought to the police station, referred to as being in police custody.
Police custody entails the suspect being held in a jail cell within the police station, to detain them. During this period of detention, the police officer in charge of the case may conduct interrogations with the suspect. However, this detention should not exceed 24 hours.
Within the 24-hour, the officer in charge must present the suspect before the appropriate judge. It’s important to note that the 24-hour period does not include the time taken for the necessary journey from the police station to the court.
What is Judicial Custody?
Police custody refers to the situation where the police have physical custody of the accused individual. In contrast, judicial custody refers to the accused being in the custody of the relevant magistrate. In police custody, the accused is typically locked within the police station, whereas in judicial custody, they are held in jail.
When the police arrest someone, the Code of Criminal Procedure (Cr. P.C) comes into effect, and it mandates that the arrested person be produced before a magistrate within 24 hours of the arrest. This ensures that the person’s rights are protected, and their case is promptly brought before a judicial authority.
Difference between Judicial Custody and Remand
Police Custody refers to the situation where the police have physical custody of the accused individual, usually within the confines of a police station or a designated lockup. During this period, the accused is under the direct supervision and control of the police.
On the other hand, Judicial Custody refers to the custody of the accused under the authority of a relevant magistrate or court. In judicial custody, the accused is typically held in a jail or prison facility as directed by the court. The purpose of judicial custody is to ensure the accused’s presence during legal proceedings and to safeguard their rights.
What Happens after Judicial Custody?
After the arrest of a suspect, they may be held in either police custody or judicial custody. When a person is initially arrested, they are taken into police custody, where they are under the control and supervision of the police.
Subsequently, the arrested individual is brought before a magistrate. At this stage, the magistrate has the authority to either remand the suspect to judicial custody or allow them to be returned to police custody.
In the case of remand to judicial custody, the suspect will be held in the custody of the concerned magistrate or court, typically in a jail or prison. On the other hand, if the magistrate decides to send the suspect back to police custody, they will be returned to the supervision of the police.
The decision regarding whether to place the suspect in judicial custody or return them to police custody is made by the magistrate based on various factors such as the nature of the offence, the likelihood of the suspect fleeing and the need for further investigation.
Difference Between Police Custody and Judicial Custody
Police custody refers to the physical custody of the accused by the police after arrest, while judicial custody involves the accused being held in the custody of the concerned magistrate or court.
When a person accused of a cognizable offence is arrested and detained by the police, they must be produced before a magistrate within 24 hours (excluding travel time from the place of arrest). Alternatively, the accused can surrender themselves before the nearest magistrate. At this stage, the magistrate has several options regarding the custody of the accused.
Firstly, the magistrate can release the accused on bail, which allows them to remain free while the legal proceedings continue. Secondly, the magistrate can send the accused to judicial custody, where they will be held in the court’s custody or in a jail facility. Lastly, the magistrate can also decide to place the accused in police custody, returning them to the supervision of the police.
In cases where the accused is a juvenile, the magistrate will ascertain their age. If it is determined that the accused is indeed a juvenile, the magistrate will direct them to be produced before the Juvenile Justice Board, which handles cases involving minors.
It is important to note that when a person is under police custody or judicial custody, they are considered suspects and not yet criminals. An individual is deemed a criminal only when a court finds them guilty and convicts them for the reported crime. Police and judicial custody are preventive measures to ensure the accused’s presence during legal proceedings.
During police custody, there is a risk of arbitrary treatment by the police officer in charge of the case. When the accused is under arrest by the police pending investigation, their lawyer typically requests bail or judicial custody. In judicial custody, the suspect becomes the court’s responsibility, ensuring their protection and proper legal proceedings.
Under normal circumstances, during judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect. However, the court may permit interrogations if it deems them necessary based on the facts presented.
Table: Difference Between Judicial Custody and Police Custody
Basis of Difference | Police Custody | Judicial Custody |
Control | Police officer in charge of the police station | Magistrate |
Investigation | Conducted by the police | Relies on evidence produced in court |
Procedure | Based on arrest, FIR or suspicion | Must be produced before a magistrate within 24 hours, granted bail if charges not proved |
Period of Detention | Maximum 15 days | 90 days for non-bailable offences with severe punishment, 60 days for bailable offences |
End of Custody | Court permission is required for interrogation | Kept in judicial custody until granted bail |
Jail | Kept in prison or police station cell | Kept in central jail |
Interrogation | Police officers can interrogate | Court permission required for interrogation |
Conclusion
In the Criminal Procedure Code, there are distinct differences between judicial custody and police custody. Police custody refers to the physical custody of the accused by the police after arrest. During this period, the police have control over the accused and can conduct investigations.
On the other hand, judicial custody occurs when the accused is remanded to the custody of the concerned magistrate or court. The accused is held in a jail or prison facility under the authority of the court. The magistrate relies on evidence presented in court and the accused remains in judicial custody until granted bail or until the conclusion of legal proceedings.
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