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Know the differences between ‘Police Custody’ and ‘Judicial Custody’

Former union minister P.Chidambaram has earlier pleaded to court that he should be kept in a police custody and not in judicial custody. Many people may not be aware of the difference between the two. So know the differences between the two.

Police custody:

In the police custody the accused is kept in the custody of police. That is police has the physical custody of the accused.

The police after filing a FIR for a cognisable offence- which provides for punishment for more than 3 years-police arrests the accused. The accused is arrested in order to prevent him from tampering with evidence or influence witness.

The police produce the accused before a court with in 24 hours of arrest.The police will demand the remand of the accused in the police custody to complete the investigation. The police has to decide how long it is warranted to keep the accused in its custody.

Judicial Custody:

In serious offences the police may request to the court to remand the accused to judicial custody after the expiry of police custody.

As per the law in criminal cases the charge sheet must be submitted before the court in 90 days or the court will provide bail to the accused.

The judicial custody may be of 60 days for all other crimes if the court is convinced that sufficient reasons exist, following that the accused may be released on bail.


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