When a person is arrested and taken into custody, they may be held in one of two places: judicial custody or police custody. The main difference between the two is that judicial custody is overseen by a judge, while police custody is overseen by the police. This article will explore the differences between these two types of custody, as well as their respective benefits and drawbacks.
What is Judicial Custody?
Judicial custody is the legal term for the process by which a defendant is held in custody pending trial. After a person is arrested and charged with a crime, they may be held in jail until their trial date. Judicial custody can also occur after a person has been convicted of a crime and is awaiting sentencing. In some cases, a defendant may be released on bail, which allows them to await their trial date outside of jail. However, if a defendant is deemed to be a flight risk or a danger to the community, they may be ordered to remain in custody until their trial. Judicial custody is an important part of the criminal justice system, as it ensures that defendants are available to stand trial and prevents them from committing additional crimes while they await their day in court.
What is Police Custody?
Police custody is the legal process by which a person is held in police custody in order to be charged with a crime. This can occur if the person is arrested or if the police have reasonable grounds to believe that the person has committed a crime. Police custody can also occur if the person is being questioned as a witness to a crime. In all cases, the rights of the person in police custody must be respected. The person must be given access to a lawyer and must be treated fairly and humanely. Police custody can be a stressful and intimidating experience, but it is important to remember that you have rights and you should exercise them.
Difference between Judicial Custody and Police Custody
- Judicial custody is the custody of an accused person by the court. Judicial custody can be ordered by a magistrate or a judge. Judicial custody is different from police custody.
- Police custody is the custody of an accused person by the police. Police custody can be ordered by a magistrate or a judge. Judicial custody is given to an accused person who is not yet convicted. Police custody is given to an accused person who is suspected of commission of a cognizable offense.
- Judicial custody can be for a maximum period of 60 days. Police custody can be for a maximum period of 15 days.
- Judicial custody can be extended beyond 60 days with the permission of the High Court. Police custody can be extended beyond 15 days with the permission of the Sessions Court.
- Judicial custody is given in order to ensure that the accused person appears before the court when required. Police custody is given in order to enable the police to interrogate the accused person and to recover any incriminating evidence from him/her.
- Judicial custody is given in order to protect the accused person’s human rights. Police Custody is not given in order to protect the accused person’s human rights but rather it exposes him/her to cruelty and torture at the hands of the police officers during interrogation in order to extract confessions from him/her which may be used as evidence against him/her during trial.
- Judicial Custody is considered a part of criminal procedure which ensures a fair trial whereas police Custody exposes an accused person to various custodial crimes such as torture, rape, extra-judicial killings, etc. Judicial Custody offers some degree of protection to an accused person whereas there is no protection available to an accused person in police Custody.
Therefore, it can be seen that there are significant differences between Judicial Custody and Police Custody.
Conclusion
When it comes to criminal law, there is a big difference between judicial custody and police custody. Police custody refers to the time during an investigation when a suspect is held by the police. Judicial custody, on the other hand, is what happens after someone has been charged with a crime and sent to prison. In this article, we’ve explained the key differences between these two types of custody. If you or someone you know has been arrested and needs legal representation, be sure to contact an experienced criminal lawyer as soon as possible.
