Police Vs Judicial - Custody


What is the difference between police custody and judicial custody.  In what situation they are used.
 
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Lawyer

Please go through section 167 of Cr. P.C. The accused remains in the custody of Police. Police has physical control over accused. Police custody is given in non-bailable offences, depending upon the circumstances of the case,  to facililatate investigation. Police custody can not be given in bailable offences. Whereas judicial custody means that the accused is technically in the custody of the Magistrate. Police can not interrogate a person in judicial custody without permission of the concerned Magistrate/court.

 
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Advocate

Palnikar bai is right.

 
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if charge sheet is filled  ,there is no bail?

 
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STUDENT

Respected Palnitkar

Can you please illustrate with example the difference between judicial and police custody.

In police custody where accused shall be lodged ? in Jail or Police station jail?

for academic purpose only

 
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Lawyer

Dear Sanjeev Kumar, the difference is already explained. Anyway, I would try to examplify it.  If A is arrested for murder, police generally ask for police custody with a view to have clues of evidence and for recovery of weapons. When he is given in police custody, he remains in custody of police, i.e. in police lock up. Police custody can not be given beyond 15 days except where there is special provision to grant PC for more than 15 days. Police has unfettered powers to interrogate the accused in police custody in a lawful manner. Whereas in judicial custody, the accused technically remains in the custody of the magistrate. He can be kept in jail or other place of safety. Police can not interrogate the accused without permission of the magistrate if the accused is in judicial custody.


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To amplify a little further police custody is custody in the lock up in the police station where police will have access to the accused. Judicial custody would be in "jail" where the police will not have access to the accused.


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STUDENT

Respected Palnitkar/Anil Kr Menon

Thanks for sharing knowledge

 
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Rajirajji - If charge sheet is filed chances of getting bail are more because custody would not be required for the purpose of investigation.  Secondly if the chargesheet is not filed within the statutory period allowed under Cr.P.C. accused will get bail as a matter of right.

 
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