What is police custody and judicial custody?

Police custody means that an accused stays in the lock-up of a police station or at least in the physical custody of the investigating agency probing the concerned matter. On the other hand, judicial custody implies that the accused is lodged in jail and is under the custody of a magistrate.

What is judicial remand in CrPC?

167(2) of the CrPC when the investigation is not completed within 24 hours. In other words, it is the remand where we send back the accused into the custody of police or that of the magistrate for collecting evidence and completion of investigation. The purpose of remand is to facilitate completion of investigation.

What is the difference between physical and judicial remand?

There are two types of remand i.e. physical remand and 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.

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 is 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.

What happens if you are remanded in custody?

When a person is charged with a crime and held in police custody they must be brought to the first available court for the court to decide whether they should continue to be held (remanded) in custody. If a defendant is remanded in custody they will be kept in prison and required to appear in court.

What happens in remand custody?

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.

What are the types of remand?

One is Police Custody Remand wherein the arrested person is sent in the custody of the police for the purpose of further investigation and is kept in the police lockup and the second is Judicial Custody Remand where the person is sent to the local jail.

Can we get bail in 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.

What is the difference between remand and judicial custody?

In general police, remand comes first out of the above two. When an accused person is sent back to the police station for further inquiry and investigation, it is called police remand. Judicial custody. Judicial remand often called remand refers to a procedure whereby the higher court sends back cases to the lower court for further action.

What is extended remand custody under CrPC?

The remand is ordered by the magistrate under section 167 (2) of the CrPC. In case of un-completion of the investigation process, this extended remand custody helps the police to successfully complete the investigation for collecting evidence or the inquiry around the accused person. Difference between judicial custody and police custody?

What is the difference between police custody and judicial custody?

In police custody, the police can interrogate the suspect with their ways directly without higher official permission. In judicial custody, the police have to take the permission of the magistrate to interrogate the accused person. The Term Arrest is not defined either in the Code of Criminal Procedure Code or the Various Substantive Acts.

What is the meaning of police remand?

In general police, remand comes first out of the above two. When an accused person is sent back to the police station for further inquiry and investigation, it is called police remand.