Judicial Custody VS Police Custody in India

In India, Judicial Custody and Police Custody are two different types of custody that a person may be subjected to if they are arrested for an alleged offense.

Police Custody is the period of detention when a person is held by the police for questioning and investigation after their arrest. The police can hold a person in custody for up to 24 hours without producing them before a Magistrate. However, if the police need to extend the custody beyond 24 hours, they must produce the person before a Magistrate who will decide whether to grant police custody for a maximum of 15 days or Judicial Custody.

Judicial Custody is the period of detention when a person is held in jail or prison on the order of a Magistrate or a Court. A Magistrate can order Judicial Custody for a maximum of 14 days, which can be extended to a maximum of 90 days in certain cases such as offenses under the Narcotics Drugs and Psychotropic Substances Act or for economic offenses. The accused person is usually kept in a jail or prison during this time and is not in the custody of the police.

The primary difference between the two types of custody is the authority that is responsible for the custody of the accused person. During Police Custody, the police have the custody of the accused person and can question and investigate them. During Judicial Custody, the accused person is in the custody of the judiciary and is kept in jail or prison until their trial or until they are granted bail.

It is important to note that both Police Custody and Judicial Custody can have significant implications for the rights of the accused person, and it is advisable to seek legal advice if you or someone you know is detained in either type of custody