custody
vijeta
(Querist) 14 January 2010
This query is : Resolved
what is the difference between police custody and judicial custody
A V Vishal
(Expert) 14 January 2010
Refer 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.
Arvind Singh Chauhan
(Expert) 14 January 2010
I am sorry to be dissented with A.V Vishal sir. Police may also arrest a person in bailable offence, it is also police custody unless accused is produced before the magistrate for judicial remand. After judicial remand accused comes within the judicial custody.Rest have been explained by Vishal Sir.
A V Vishal
(Expert) 14 January 2010
Arvind,
Refer S 43, S.46 & S.167 of the Cr.P.C and then dissent with me. Moreover it seems you have not gone through properly with the reply given by me, I have used the wording "Police custody can not be given in bailable offences" I have spoken upon custody but no where did I say that police cannot arrest. You are confused between both the words arrest & custody.
Raj Kumar Makkad
(Expert) 14 January 2010
I fully agree with Vishal qua his explanation.
N RAMESH.
(Expert) 14 January 2010
I do agree with Mr.Vishal.
K.C.Suresh
(Expert) 15 January 2010
Very dignified reply from Vishal. LCI brothers always keep the same trend when others differ your opinion. We have nothing personal What we are exchanging is only the knowledge that is purely academic. Thanks Vishal.
B.B.R.Goud.
(Expert) 15 January 2010
sir
police custody meant for the custody before producing before the court.
judicial custody means and includes after producing before the court, after which the police actions are as per the court order only.
