police custody
javed ahmed
(Querist) 23 April 2011
This query is : Resolved
what is the difference between police custody and judicial custody?
regards,
javed
M.Sheik Mohammed Ali
(Expert) 23 April 2011
both custody for collect the details from the accused person of offence, but hard custody in police custody.
Guest
(Expert) 23 April 2011
SIR,
KINDLY NOTE THAT.
1.POLICE CUSTODY- WHEN ACCUSED IS ARRESTED DUE TO FILING OF CRIMINAL COMPLAINT IN THE POLICE STATION,WITHIN 24 HOURS HE IS PRODUCED TO THE NEAREST COURT AND A REMAND APPLICATION FOR POLICE CUSTODY IS SUBMITED TO THE COURT.THE HONOURABLE COURT WILL HEAR THE INVESTIGATION OFFICER AND ALSO ARGUMENTS OF ADVOCATE FOR STATE AND ADVOCATE FOR ACCUSED AND BASED ON SERIOUSNESS OF CRIME ,PASS ORDER OF POLICE CUSTODY / OR MAGISTRATES CUSTODY (JUDICIAL CUSTODY).
2.GENERALY POLICE CUSTODY UP TO 14 DAYS OR LESS IS GRANTED DEPENDING UP ON SERIOUSNESS OF CRIME AND AFTER HEARING ARGUMENTS OF BOTH ADVOCATES .
3.IF POLICE CUSTODY IS GRANTED THEN THE ACCUSED IS HANDED OVER TO POLICE FOR INVESTIGATION OF CRIME AND HE IS KEPT IN LOCK UP AT THE POLICE STATIONS WHERE THE CRIMINAL COMPLAINT /F.I.R. AND CASE IS REGISTERED. ACCUSED IS NOT ALLOWED BAIL IN POLICE CUSTODY. THOUGH AS PER LAW PROVISIONS POLICE ARE NOT SUPPOSED TO BEAT THE ACCUSED FOR CONFESSING THE CRIME IN POLICE CUSTODY, IT IS A FACT THAT SEVERAL ACCUSED COMPLAIN TO MAGISTRATE ABOUT BEATING IN POLICE LOCK UP.KINDLY NOTE THAT IN CASE ANY ACCUSED COMPLAINS TO MAGISTRATE ABOUT BEATING THEN COURT MAY PASS ORDER AND SEND THE SAID ACCUSED FOR MEDICAL CHECK UP AND ON THE BASIS OF MEDICAL REPORT COURT MAY TAKE ACTION AGAINST THE SAID OFFICERS.BUT IN FACT NO ACCUSED DARES TO COMPLAIN AGAINST INVESTIGATION OFFICERS AS HE FEARS FURTHER HARASSMENT FROM THE SAID I.O.IN FUTURE.
4.IT MAY BE NOTED THAT MAGISTRATES CUSTODY MEANS. WHEN ACCUSED IS PRODUCED BEFORE COURT AND COURT REJECTS APPLICATION FOR POLICE CUSTODY ,THEN THE ACCUSED IS TAKEN IN MAGISTRATES CUSTODY AND HE IS SENT TO JAIL DEPT UNDER JAIL SUPDT .THERE ACCUSED ARE SAFE AND NOT HARASSED OR BEATEN BY POLICE BECAUSE JAIL POLICE ARE UNDER JAIL DEPT,UNDER CONTROL OF JAIL SUPDT.
5IF ACCUSED IS TAKEN IN MAGISTRATES CUSTODY ,THEN AN APPLICATION ON BEHALF OF ACCUSED CAN BE SUBMITED TO THE MAGISTRATE FOR GRANTING BAIL AND IF BAIL GRANTED THEN ACCUSED CAN BE RELEASED ON BAIL BY FURNISHING SURETY DOCUMENTS AS PER ORDER OF MAGISTRATE.
6.IF BAIL APPLICATION IS REJECTED BY MAGISTRATE THEN FURTHER BAIL APPLICATION CAN BE FILED TO SESSIONS COURT / HIGH COURT.
THIS IS JUST BRIEF DETAILS FOR THE INFORMATION OF ALL CONCERNED .GOOD LUCK.
Advocate. Arunagiri
(Expert) 23 April 2011
When the accused is in the jail by the order of the court, it is called judicial custody.
When the accused is in the police lockup it is called police custody.
Guest
(Expert) 24 April 2011
For simple understanding point of view, I endorse the opinion of Arunagiri
bhushan singh charan
(Expert) 25 April 2011
i do agree with sharun giri but wish to add that even by order of court police custody can grant andthat is known asREMAND(p C) in legal terminolgyTHUS simple when accused in police custody either by order of court or without order remin in police station under the control of police officials and in jc judicial custody remin in jail under the control of jal authority.
Sarvesh Kumar Sharma Advocate
(Expert) 23 April 2011
