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Advocate Rakesh Raja (d)     28 February 2011

Remand & Custody

What is the meaning of Remand?

what is the difference between police custody and judicial custody?
 

 



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Advocate Anuj Anand (Advocate)     28 February 2011

A prisoner who is remanded into custody is sent back to prison subsequent to a Preliminary Hearing before a tribunal or magistrate until the hearing is resumed, or the trial is commenced.

Police custody is given in non-bailable offences, depending upon the circumstances of the case, to facililatate investigation.

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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