Judicial Custody And Police Custody

Crimes are increasing in the country of India at an alarming rate. In order to fight these crimes, people who commit the crimes are kept in either judicial custody or police custody. Both of these custodies seem to be the same, but there is some difference in both that people need to know about. It can be said that in both custody the suspects tend to be kept under the main custody of the law. 

The objectives for both of these tend to be the same and that is the reduction of crime that is happening in the country and the society that we live in. However, it is essential to know what is the difference between police custody and judicial custody. Here we are going to talk a little bit about that. After reading this article, the stark differences between these two types of custody in law are going to be clear to the people who need to know about it. 

Understanding The Difference Between Police Custody And Judicial Custody In Detail 

When it comes to the words like judicial custody and police custody, they might sound pretty similar. However, upon a closer look into the details incorporated in these custodies, there are some differences that are very clearly visible to those who study it. One of the most important things to keep in mind about judicial and police custody is that the person who is a suspect will be held in custody according to the rules that are mentioned in the CRPC or the Indian Criminal Procedure Code. In both cases, the suspect is held under the custody of the law. The main purpose that both the custody serve is to reduce the rate of crime in the country by preventing the person from committing it in the first place. 

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Whenever a person is taken into custody by the police, they can ask the magistrate under Section 167 of the CRPC to hold him back in custody for about 15 days in order to properly pursue the investigation. It is the right of the Judicial Magistrate to send a person to any form of custody for about 15 days in total. However, there are certain laws that permit the police to keep the suspect or the accused criminal under their custody for more than 15 days (they can keep him in custody for a period of 30 days in total, according to some rules). Let us provide you with an example. According to the Maharashtra Control of Organized Crime Act of 1999, the custody of the police for a criminal or accused can have an extension up to a total of 30 days. 

Another very important thing to keep in mind is that there are certain provisions that will provide protection to the accused against some sort of illegal arrest. In case the arrest of a person has not happened according to the rules mentioned in the 46th Code of the entire Criminal Procedure, the arrest will not be considered as a valid one and the person doesn’t have to stay in police custody. 

In the following parts of the article, we are going to talk about the meaning of police custody and judicial custody. This will allow the people to have a clearer idea about the difference between police custody and judicial custody without any difficulty. 

Police Custody Meaning 

In certain cases when there is a complaint made against a person in the police station, the police officer who is in charge of the case will perform the arrest of the suspect that has any involvement in the crime. This is to ensure that the person doesn’t get to commit the crime any further. When the suspect of a crime is put under the lockup in the police station it is known as police custody. It is to be noted that during this type of custody, the police officer that is in charge of the entire case will have all the rights to do an interrogation of the suspect. Here is another important detail. 

The detention period for which the suspect is kept in the station must not exceed the period of 24 hours. According to the rules mentioned in the CRPC, it is the moral duty of the police officer in charge of the case to take the suspect to a judge within that period of 24 hours. This is also the time allotted to the police officer to create or get a hold of any sort of evidence against the suspect. A very important detail should be mentioned here that the entire time period of 24 hours doesn’t really include the period of time that is taken to transport the suspect to the court from the nearest police station, where he was held in custody by the police. 

So, this is the police custody meaning; we hope that this cleared out any doubts about the details on police custody. 

What Is The Meaning Of Judicial Custody?

When it comes to discussing the meaning of judicial custody, it is important to know a few details. This will definitely help the people in understanding what the difference is between police custody and judicial custody for sure. When a person is kept in judicial custody, it means that he is held there right after the orders of a concerned magistrate have been passed. 

However, it is important to keep in mind that the person who is a suspect will not be kept in the police custody jail. The person who is kept in judicial custody will be there for a period of about 14 days in total. This is how judicial custody has a difference in working than police custody. The police will not have the right to hold the suspect in the police station jail after they have been given judicial custody by the magistrate. 

How Is Police Custody Different From Judicial Custody? 

Now let us move on to the main topic and get to understand the difference between police custody and judicial custody. 

In case of police custody, the accused will be kept in the police station and not in jail. While in the case of judicial custody, the accused is forced to be in jail. 

Police custody can be taken when the officer in charge of the case performs the arrest of the suspect. However, in the case of judicial custody, the accused is sent to jail from the police custody. 

In the case of police custody, it is mandatory to produce the suspect to the nearest court within the period of 24 hours. However, in the case of judicial custody, there is no need to produce the suspect in court unless there is an order to do so or the suspect hasn’t been released on bail. 

In the case of police custody, the accused can be beaten by the police in order to get a confession from them. However, in case a person goes directly to the court and is then sent to the police station after receiving judicial custody, no such beating can occur. In order to do any sort of injury to the accused, the police have to receive permission from the court or the judge. However, the police are still permitted to collect evidence against the suspect during that time. 

Conclusion 

So, these are some of the differences between the custody of the police and judicial custody. It is clear from the above points that there are some stark differences between these two types of custody. While the goals of these two types of custody are pretty much similar, the approaches and activities are different in each case.