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.
