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What is the difference in Policy and Judicial Custody?
Who has passed the order for Custody?
What are the maximum days in Custody?
Where the accuse hold during the Custody?
Where are the provisions given for Custody in CRPC?
Let’s learn today with Advocate Sapna Sharma ma’am about the Police and Judicial Custody in detail.
POLICE CUSTODY:
When following to the receipt of an information/complaint/report by police about a crime, an officer of police arrests the suspect involved in the crime reported, to prevent him from committing the offensive acts further, such officer brings that suspect to police station, it's called Police Custody.
It is actually the custody of a suspect with the police in a jail at the police station, to detain the suspect. During this detention, the police officer in charge of the case, may interrogate the suspect and this detention is not supposed to be longer than 24 hours. The officer in charge of the case is required to produce the suspect before the appropriate judge within 24 hours, these 24 hours exclude the time of necessary journey from the police station to the court.
What is the Difference between Police Custody and Judicial Custody?
Police Custody means that police has the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned Magistrate. In former, the accused is lodged in police station lockup while in latter, it is the jail. When Police takes a person into custody, the Cr.P.C kicks-in and they were produced him/her before a Magistrate within 24 hours of the arrest.
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