Understanding the Difference between Police Custody and Judicial Custody – The legal concepts of police custody and judicial custody are fundamental elements of the criminal justice system in India.
Understanding the Difference between Police Custody and Judicial Custody
| Aspect | Police Custody | Judicial Custody |
|---|---|---|
| Authority of Custody | Police officers at the arresting station | Magistrate or the court |
| Purpose | Facilitate investigation, gather evidence, and interrogate the accused | Protect the rights and safety of the accused |
| Investigation | Conducted by the police without court permission | Requires court permission for interrogation |
| Duration | Typically up to 15 days (extendable to 30 days in exceptional cases) | Varies based on the nature of the offense: Up to 90 days for non-bailable offenses, 60 days for bailable offenses |
| Release or Extension | Must be produced before a magistrate within 24 hours. Can be granted bail or sent back to police custody for further investigation. | Remains in custody until granted bail or released by the court |
| Control | Officer in charge of the police station where the arrest occurred | Magistrate or the court |
| Application and Initiation | Initiated upon arrest based on an FIR or reasonable suspicion of criminal involvement | Initiated by the magistrate, often after the accused’s initial appearance in court following arrest |
This table format provides a clear and concise comparison of the key differences between police custody and judicial custody within India’s legal system.
Conclusion
Understanding the distinctions between police custody and judicial custody is crucial in comprehending India’s legal system. These forms of custody play a vital role in maintaining a balance between the investigative requirements of law enforcement and the protection of the rights and safety of the accused. Both serve as essential components of the criminal justice process, ensuring that justice is served while safeguarding individual liberties.
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