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Police custody and judicial custody and the difference between the Two
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- The arresting authority cannot detain a person in custody for more than 24 hours without producing him or her before a magistrate as per section 57 of Criminal Procedure Code (CrPC).
- The Article 22 of the Constitution of India also has provisions for protection of a person during arrest or detention.
- The magistrate may further remand the person to custody of police for a period not more than 15 days as a whole.
- After lapse of 15 days or the police custody period granted by the magistrate, the person may be further remanded to judicial custody.
- The police custody means that the person is confined at a lock up or remains in the custody of the officer.
- Judicial custody means that the person is detained under the purview of the judicial magistrate is lodged in central or state prison.
- In judicial custody, the person can apply for a bail.
- The judicial custody can extend up to 60 or 90 days as a whole, depending upon the maximum punishment prescribed for the offence.
- An undertrial person cannot remain in judicial custody beyond half the time period of prescribed maximum punishment.
- In police custody, the investigating authority can interrogate a person while in judicial custody, officials need permission of the court for questioning.
- In police custody, the person has the right to legal counsel, right to be informed of the grounds which the police have to ensure.
- In the judicial custody in jails, while the person under responsibility of the magistrate, the Prison Manual comes into picture for routine conduct of the person.