How long can a person be kept in police custody?

How long can a person be kept in police custody?

The police cannot detain any person in its custody for more than 24 hours according to Section 57 of CrPC. It specifically prohibits a police official from detaining the arrested person for more than 24 hours in police custody.

What is the meaning of police custody?

Definition of ‘police custody’ If somebody or something is in police custody, they are kept somewhere secure, under the supervision of police officers, for example in a police station. He was being held in police custody last night after being refused bail. The suspects were taken into police custody.

Can someone be interrogated in judicial custody?

In judicial custody, the magistrate has the custody of the arrested person. During this custody, police can interrogate the arrested person only after taking the permission of the Magistrate.

Can bail be granted in police custody?

If a person is arrested for a bailable offence, he is entitled to be released forthwith on bail at the police station itself as a matter of right on furnishing a bail bond of reasonable amount. A person cannot be detained in police custody for more than 24 hours.

What happens in police remand?

The word remand generally means to return or to send back but, in the legal world, it has two different meanings. Firstly, it means to send the accused back in the custody of the competent authority and secondly, it means to send back the cases from the appellate court to the lower court.

Can police custody be given after judicial custody?

A person may be held in the custody of the police or in judicial custody. The first thing that happens to a suspect on arrest is that he is taken into police custody, following which he is taken before a magistrate and he may either be remanded to judicial custody or be sent back into police custody.

What happens 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.

Why judicial custody is given?

In case of arrests by police and pending the investigation, the lawyer of a suspect generally prays for Bail or Judicial Custody. In Judicial Custody, suspect becomes responsibility of Court. it opines the interrogation being necessary under the facts produced before the court.

What is judicial remand?

When a caused is sent to custody of police by magistrate it is called physical remand and when the accused is sent to judicial lock-u/jail it is called judicial remand.

What’s the difference between arrest and judicial custody?

Custody and arrest are not same. Arrest of any person is followed by the custody by police but it is not case that every custody may be preceded by arrest. Arrest means confinement of a person forcefully by police. It is the arrest of a suspected person in crime to collect more information by the police officer in case of cognizable offence.

How does a judge give a person custody?

Judicial custody is ascribed by a judge or the court itself. This custody is ordered by the judge, depending on the circumstances of the case. The custody can be awarded because the judge refused bail, the suspect earned the contempt of the court, or for many other circumstances.

How long does a person stay in police custody?

The time duration for which the accused remains in police custody is 24 hours. After 24 hours, the police have to grant bail to the accused if he/ she is not proven guilty. Within these 24 hours, the accused must be interrogated and produced in front of the Magistrate/ Judge if proven guilty.

Can a person under judicial custody be granted bail?

According to section 436A of the criminal procedure, if the accused under judicial custody has undergone half of the punishment, then he/ she can be granted bail as per the law. The judicial custody can be extended till 60-90 days depending upon the crime committed by the accused and the punishment given to him.