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Know the differences between police custody and judicial custody

Tuesday - October 9, 2018 11:48 am , Category : WTN SPECIAL
Police can’t keep the accused in custody after filing charge sheet
Police can’t keep the accused in custody after filing charge sheet

The accused kept in lockup in police custody, while in jail during the judicial custody

OCT 09 (WTN) - You have heard many times about legal terms like police custody and judicial custody. But do you know the difference between these two? If you don’t know the difference between these two then we tell you what are the differences between police custody and judicial custody?
 
For your information let you know that in order to stop the accused from committing a crime, the accused can be legally detained in police custody or in judicial custody. Any accused can be kept under either in the police custody or in the judicial custody by CRPC laws.
 
Whenever the police detain any accused, then they may seek the time to keep the accused in custody for 15 days under the police custody form the magistrate under Section 167 of the CRPC for the investigation. After this, the magistrate can send the accused to 15 days in police custody or judicial custody.
 
For your information let you know that the accused is kept in the police station in police custody while the accused is kept in jail in judicial custody. Police custody begins when the police arrest the accused while judicial custody begins when the judge sends the accused to jail from police custody.
 
According to the rules of the law, the accused in police custody has to appear in front of a magistrate within 24 hours, but a person who is in judicial custody is kept in jail until the case is in court, or the court releases him/her on bail.
 
In police custody, the police can appear strictly with the accused person so that he can accept his/her duty. But if an accused sent directly from jail to judicial custody, then he/she escapes the police strictly. In the judicial custody, if the accused has to be interrogate by the police in any manner, then police has to get permission from the judge.

The police custody remains until the charge sheet is filed by the police. Once the charge sheet has been filed, the police can’t keep the accused in custody.
 
The security of the accused under the police custody is the duty of police whereas in the judicial custody, the accused security under the judicial custody is observed by the judge. For crime like murder, looting, kidnapping, threats, theft etc there is police custody, however, in addition to these crimes, there is a judicial custody in cases like defy of the court, dismissal of bail.
 
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