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. criminal procedure code

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.

what does law says May 08, 2020

DISTINCTION BETWEEN THE POLICE CUSTODY AND JUDICIAL CUSTODY In section 167 & 309 of the cr…

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TRIAL OF WARRANT CASES BY MAGISTRATES – CASES INSTITUTED OTHERWISE THAN ON POLICE REPORT. criminal procedure code

TRIAL OF WARRANT CASES BY MAGISTRATES – CASES INSTITUTED OTHERWISE THAN ON POLICE REPORT.

what does law says May 07, 2020

TRIAL OF WARRANT CASES BY MAGISTRATES – CASES INSTITUTED OTHERWISE THAN ON POLICE REPORT. Sect…

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TRIAL OF WARRANT CASES BY MAGISTRATES – CASES INSTITUTED ON POLICE REPORT. Section 238 of criminal procedure code, the statute, deals with compliance with section 207. When in any warrant case instituted on a police report, the accused appears or is brought before a magistrate at the commencement of the trial, the magistrate shall satisfy himself that he has complied with the provisions of section 207. Section 239. When accused shall be discharged. If upon considering the police report and the documents sent with it under section 173 and making such examination if any, of the accused as the magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing. Section 240. Framing of charge. 1) If upon such consideration, examination, if any, and hearing, the magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this chapter, which such magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused. 2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried. Section 241. Conviction on plea of guilty. If the accused plead guilty, the magistrate shall record the plea, and may, in his discretion, convict him thereon. Section 242. Evidence for prosecution. 1) If the accused refuses to plead or does not plead, or claims to be tried or the magistrate does not convict the accused under section 241, the magistrate shall fix a date for examination of witnesses. (provided that the magistrate shall supply in advance to the accused, the statement of witnesses recorded during the investigation by the police.) 2) The magistrate may, on the application of the prosecution, issue a summon to any one of the witnesses directing him to attend or to produce any document or other thing. 3) On the date so fixed, the magistrate shall proceed to take all such evidence as may be produced in support of the prosecution. Provided that the magistrate may permit the cross examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross examination. Section 243. Evidence for defence. 1) The accused shall then be called upon to enter upon his defence and produce his evidence, and if the accused puts in any written statement, the magistrate shall file it with the records. 2) If the accused, after he has entered upon his criminal procedure code

TRIAL OF WARRANT CASES BY MAGISTRATES – CASES INSTITUTED ON POLICE REPORT. Section 238 of criminal procedure code, the statute, deals with compliance with section 207. When in any warrant case instituted on a police report, the accused appears or is brought before a magistrate at the commencement of the trial, the magistrate shall satisfy himself that he has complied with the provisions of section 207. Section 239. When accused shall be discharged. If upon considering the police report and the documents sent with it under section 173 and making such examination if any, of the accused as the magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing. Section 240. Framing of charge. 1) If upon such consideration, examination, if any, and hearing, the magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this chapter, which such magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused. 2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried. Section 241. Conviction on plea of guilty. If the accused plead guilty, the magistrate shall record the plea, and may, in his discretion, convict him thereon. Section 242. Evidence for prosecution. 1) If the accused refuses to plead or does not plead, or claims to be tried or the magistrate does not convict the accused under section 241, the magistrate shall fix a date for examination of witnesses. (provided that the magistrate shall supply in advance to the accused, the statement of witnesses recorded during the investigation by the police.) 2) The magistrate may, on the application of the prosecution, issue a summon to any one of the witnesses directing him to attend or to produce any document or other thing. 3) On the date so fixed, the magistrate shall proceed to take all such evidence as may be produced in support of the prosecution. Provided that the magistrate may permit the cross examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross examination. Section 243. Evidence for defence. 1) The accused shall then be called upon to enter upon his defence and produce his evidence, and if the accused puts in any written statement, the magistrate shall file it with the records. 2) If the accused, after he has entered upon his

what does law says May 07, 2020

TRIAL OF WARRANT CASES BY MAGISTRATES – CASES INSTITUTED ON POLICE REPORT. Section 238 of crimi…

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PREVENTIVE ACTION OF POLICE criminal procedure code

PREVENTIVE ACTION OF POLICE

what does law says May 05, 2020

PREVENTIVE ACTION OF POLICE Chapter 11 of criminal procedure code, the statute, deals with pre…

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POWER OF THE DEPUTY SPEAKER OR OTHER PERSON TO PERFORM THE DUTIES OF THE OFFICE OF OR TO ACT AS SPEAKER IN LEGISLATURE IN CONSTITUTION constitution of india

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what does law says May 04, 2020

POWER OF THE DEPUTY SPEAKER OR OTHER PERSON TO PERFORM THE DUTIES OF THE OFFICE OF OR TO ACT AS …

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what does law says May 02, 2020

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what does law says May 01, 2020

RIGHTS OF MINISTERS AND ADVOCATE-GENERAL AS RESPECTS THE HOUSE OR HOUSES OF LEGISLATURE IN CONS…

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