DISTINCTION BETWEEN THE POLICE CUSTODY AND JUDICIAL CUSTODY In section 167 & 309 of the criminal procedure code, the statute, police custody as well as the judicial custody has been discussed. There are two kinds of custody, Police custody and judicial custody. POLICE CUSTODY Where investigation is not completed within twenty four hours after the arrest of suspicion or accused, the court is empowered to remand such person to the police custody under section 167 CrPC. On the application of the police, the court decides whether to send the arrested person to police custody or judicial custody. CONDITIONS • If the court decides to remand to police custody, such police custody should not exceed fifteen days in the whole • If the magistrate is satisfied that adequate grounds exists for doing so, but no magistrate shall authorize the detention of the accused person in custody for the total period exceeding; 1. Ninety days where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than 10 years 2. Sixty days where the investigation relates to any other offence. • Bail; On the expiry date of said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail, if he is prepared to and does furnish bail. • Production of the accused: The accused must be produced before the magistrate. Unless the accused is produced before the magistrate, he is not empowered to order for detention any custody (whether judicial or police custody) • Metropolital magistrate or the judicial magistrate of first class: Only the metropolitan magistrate or the judicial magistrate of first class are authorized to order remand (police custody or judicial custody) the accused. If the metropolitan magistrate or judicial magistrate of first class is absent, the executive magistrate is empowered to order for remand for a period not exceeding seven days. After the completion of seven days, the executive magistrate shall transmit the case to the nearest metropolitan or judicial magistrate of first class. • Reasons to be recorded: Every magistrate ordering remand (whether police custody or judicial custody ) must record reasons. • Summons case: Where the offence relates to a summons case, the accused is detained in police custody and/or in judicial custody for more than six months, the magistrate may make an order stopping investigation. • Bail: After expiry of the period of sixty days or ninety days, as the case may be, if the accused does not furnish the bail, he may be detained in the custody preferably judicial custody. • First fifteen days: The police custody shall be given at the first instance, that too, for fifteen days, when the police produces the accused or the accused himself surrenders before the court. Once the accused is given to the judicial custody, thereafter, the police custody shall not be given. JUDICIAL CUSTODY In the police custody the arrested person is detained by the police. In the judicial custody, the arrested person is detained in the prison, which is under the supervision of the magistrate of the jurisdiction concerned. In the police custody there are plenty of chances of harassing and torturing the accused/suspicion by the police. In the judicial custody, the police cannot harass or torture the accused. This is the main difference between these two custodies. Remand of the accused is contemplated at two stages:- • Pre-cognizance- sec 167(2) is attracted where cognizance has not been taken; and • Post-cognizance-sec 309 is attracted after a cognizance has been taken. • Until the charge sheet is filed, the pre –cognizance subsists. Once a charge-sheet is filed, post-cognizance subsists, and the right under sec 167(2) proviso ceases and does not revive. Section 167(2) empowers the magistrate to order for either police custody or judicial custody depending upon the circumstances. Section 309 empowers the magistrate to order for only the judicial custody. The police custody can be given in the initial stage of the case, but not after. The judicial custody may be given at any stage, ie., from the initial stage to before giving judgement.

DISTINCTION BETWEEN THE POLICE CUSTODY AND JUDICIAL CUSTODY

In section 167 & 309 of the criminal procedure code, the statute, police custody as well as the judicial custody has been discussed.

There are two kinds of custody,

Police custody and judicial custody.

POLICE CUSTODY

Where investigation is not completed within twenty four hours after the arrest of suspicion or accused, the court is empowered to remand such person to the police custody under section 167 CrPC. On the application of the police, the court decides whether to send the arrested person to police custody or judicial custody.

CONDITIONS

·        If the court decides to remand to police custody, such police custody should not exceed fifteen days in the whole

·        If the magistrate is satisfied that adequate grounds exists for doing so, but no magistrate shall authorize the detention of the accused person in custody for the total period exceeding;

1.     Ninety days where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than 10 years

2.     Sixty days where the investigation relates to any other offence.

·        Bail; On the expiry date of said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail, if he is prepared to and does furnish bail.

·        Production of the accused: The accused must be produced before the magistrate. Unless the accused is produced before the magistrate, he is not empowered to order for detention any custody (whether judicial or police custody)

·        Metropolital magistrate or the judicial magistrate of first class: Only the metropolitan magistrate or the judicial magistrate of first class are authorized to  order remand (police custody or judicial custody) the accused. If the metropolitan magistrate or judicial magistrate of first class is absent, the executive magistrate is empowered to order for remand for a period not exceeding seven days. After the completion of seven days, the executive magistrate shall transmit the case to the nearest metropolitan or judicial magistrate of first class.

·        Reasons to be recorded: Every magistrate ordering remand (whether police custody or judicial custody ) must record reasons.

·        Summons case: Where the offence relates to a summons case, the accused is detained in police custody and/or in judicial custody for more than six months, the magistrate may make an order stopping investigation.

·        Bail: After expiry of the period of sixty days or ninety days, as the case may be, if the accused does not furnish the bail, he may be detained in the custody preferably judicial custody.

·        First fifteen days: The police custody shall be given at the first instance, that too, for fifteen days, when the police produces the accused or the accused himself surrenders before the court. Once the accused is given to the judicial custody, thereafter, the police custody shall not be given.

JUDICIAL CUSTODY

In the police custody the arrested person is detained by the police. In the judicial custody, the arrested person is detained in the prison, which is under the supervision of the magistrate of the jurisdiction concerned.

In the police custody there are plenty of chances of harassing and torturing the accused/suspicion by the police. In the judicial custody, the police cannot harass or torture the accused. This is the main difference between these two custodies.

Remand of the accused is contemplated at two stages:-

·        Pre-cognizance- sec 167(2) is attracted where cognizance has not been taken; and

·        Post-cognizance-sec 309 is attracted after a cognizance has been taken.

·        Until the charge sheet is filed, the pre –cognizance subsists. Once a charge-sheet is filed, post-cognizance subsists, and the right under sec 167(2) proviso ceases and does not revive.

Section 167(2) empowers the magistrate to order for either police custody or judicial custody depending upon the circumstances. Section 309 empowers the magistrate to order for only the judicial custody.

The police custody can be given in the initial stage of the case, but not after. The judicial custody may be given at any stage, ie., from the initial stage to before giving judgement.