Remand
SARAVANAN.R
(Querist) 02 December 2009
This query is : Resolved
Sir,
I have read in news papers that the accused has been remanded to JUDICIAL CUSTODY for 14 days.
Is there any difference between judicial custody and Police Custody.
In case offence is bailable, can we get bail for the accused with in the 14 days from the higher courts.
Does the POLICE have the power for questioning during judicial custody.
saravanan
adv. rajeev ( rajoo )
(Expert) 02 December 2009
When accused produces before the magistrate and no bail application is filed then he will be kept in the jail which is known as judicial custody.
Police Custody means when accused is arrested and produce before the court and for the investigation purpose accused is required police officer making the investigation will have to file an application before the court for the police custody. The purpose of the policy custody is to make necessary investigation. it happens in case of heneious offenses and big scandals.
In bailable case you can easily get the bail in the lower court, it need not to go to high Court for a bail in case of bailable offences.
During the juidicial custody accused cannot be questioned by the police officer.
joyce
(Expert) 02 December 2009
All the breif is stated by Rajeev above, so i hold his hand in answer.
Raj Kumar Makkad
(Expert) 02 December 2009
Judicial custody means custoty of judicial officer/magistrate and the accused shall be brought to jail and police custody means in the custody of police and police can make interrogation from him and can bring him on the places wherein he id desired in the course of the investigation of the case in which he has been caught.
In bailable offence, generally bail is granted at local level with immediate effect and no need arises to go to high court.
Police has no power to interrogate during judicial custody.
deepak kumar
(Expert) 03 December 2009
when a person is arrested by police he has to be produced before nearest magistrate within 24 hours exclusive of the time required for travel. this period is in police custody.
when accused is produced before magistrate and magistrate remands him to jail it is judicial custody.
if the prsence of accused is required for investigation then the police may file an application to get the accused and then the magistrate may remand the accused to police custody.
IN BAILALBE OFFENCE the accused will be granted bail either by police or magistrate as soon as he is able to provide sureties/bailors after his arrest
