Many times you must have heard that so and so was sent to police custody. The court sent so and so to judicial custody. Both the words sometimes sound similar. In such a situation, a user on the online platform Quora asked the same question, what is the difference between police custody and judicial custody? Many people answered according to their knowledge. But what is the truth? A user named Animesh Kumar Sinha has explained it in simple words.
First of all, a person in police custody stays in the lockup which is built in the police station. As you see in films, while in judicial custody the person remains in jail. The police can interrogate that person at any time while in police custody. But when the person remains in judicial custody, the police cannot interrogate him whenever he wants. The police have to take permission from the court to interrogate. The duration of police custody usually lasts for 24 hours. That means, if the police takes someone with them, they can keep them with them only for 24 hours and that too is possible only with the orders of a senior police officer. After this it is mandatory to present before the magistrate. If the magistrate wishes, he can extend the period of police custody.
What is the meaning of transit remand?
If there is a possibility of delay in presenting before the magistrate, then there is a separate rule for that. For example, if a person is arrested by Mumbai Police in Delhi and it will take 2 days to reach Mumbai, then the accused will have to be produced before the Magistrate in Delhi itself. Transit remand is taken from there. Similarly, if the court is closed for 4–5 days then the accused is produced at the magistrate’s house.
When is judicial custody granted?
Police custody is granted when the investigation requires the continued presence of the accused. Like searching for evidence or conducting confronted inquiry etc. Judicial custody is given when there is no need for all this, but it is necessary to keep in custody so that the investigation is not affected. This is done only in those cases in which the crime appears serious and prima facie the involvement of the accused is visible.
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FIRST PUBLISHED: December 21, 2023, 19:08
