Table of Contents
- 1 How is judicial custody different from jail?
- 2 What is difference between judicial custody and police custody in India?
- 3 What is the purpose of judicial custody?
- 4 How long can a person be kept in custody?
- 5 How long can a person be under judicial custody in India?
- 6 What is the difference between judicial custody and jail?
How is judicial custody different from jail?
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.
What is difference between judicial custody and police custody in India?
Police custody means that an accused stays in the lock-up of a police station or at least in the physical custody of the investigating agency probing the concerned matter. On the other hand, judicial custody implies that the accused is lodged in jail and is under the custody of a magistrate.
What is the purpose of judicial custody?
‘Judicial custody’ is a situation where accused is sent to jail and NCB need court’s permission to investigate / question him. ‘Interim bail / bail’ is when the accused is released from the authority, allowed to go home, but have to co-operate with the authority if they need it during further investigation.
What happens judicial custody Quora?
Judicial custody is ascribed by a judge or the court itself. Judicial custody means you will be remanded and you will be taken to prison where you will be detained as an undertrial. Unless bail is granted you will remain in judicial custody.
Why is judicial custody better than police custody?
How long can a person be kept in custody?
A person cannot normally be held by the police for more than 24 hours without being charged or released. In the cases of more serious offences a further 12 hour detention can be granted by a senior police officer and police can apply to a Magistrates Court to hold the suspect for up to 96 hours.
How long can a person be under judicial custody in India?
However, the person can be under judicial custody for upto 90 days when the person has committed an offence with a punishment of death, imprisonment of life or period of imprisonment exceeding 10 years and for upto 60 days for all other crimes, if the Magistrate thinks fit for the interest of the justice.
What is the difference between judicial custody and jail?
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. It means that the person will be kept in prison on the order of the relevant magistrate.
What is the difference between judicial custody and police remand?
That is why such custody is called judicial custody. So, when a person is arrested and is not released on Bail, he is either in Police custody or Police Remand or in the Jail or judicial custody. Remand is a procedure by which an Accused is confined. You are remanded to police or judicial custody.
Can a person be kept in jail in police custody?
But a person is not kept in jail in police custody. One must have heard that the court has sent the accused to 14-days judicial custody. Judicial Custody means the person will be kept in prison on the orders of the Magistrate. In other words, we can say that the accused is in the custody of the Magistrate.