What is difference between police custody and judicial custody?

 

What is difference between police custody and judicial custody?

By swatee shukla 

As we are aware that , in India , the various procedure of the administration of the criminal law are governed by the legislation called code of criminal procedure (CrPC),  which came into force in year 1973. In laymen’s language arrest means putting restriction on the movement of a person and a person can be arrested either by a police officer or officer of investigating agency. 

This is a very common question that what is the difference between a police custody and a judicial custody? And another similar question, for how long a person can be put in jail if investigation is not completed or crime is not proved?

These both questions are related to section 167of CrPC.  Judicial custody is authorised by magistrate, and in judicial custody the accused is lodged in jail (central prison or state prison). The time for judicial custody is of two types, one can be for 90 days and other can be for 60 days. The police custody can be for a period of maximum 15 days. In police custody, the accused stays in the lock-up of police station and police do interrogate or accused stays in the physical custody of investigating agency probing the concerned matter. 

Another difference between police custody and judicial custody is that in police custody the investigating authority can interrogate the accused while in judicial custody, officials need permission to do the same. There are chances of torture and all in police custody but in judicial custody, no such thing is possible.  In police custody, the person has right to legal counsel, right to be informed of the grounds of arrest and police cannot deny these rights of an accused while in a judicial custody ,where the person is under the responsibility of magistrate, routine conduct  of person is based on rulebook or manual of prison.

When a person is arrested, it is mandatory to present him before magistrate within 24 hours of such arrest (excluding travel time). If the investigation is not completed within 24 hours then only concerned authority i.e. police officer can demand for the police custody. In layman’s language it is called remand.  The provisions for the procedure when investigation cannot be complete in twenty four hours is provided in section 167 CrPC. Deciding the time duration of police custody (which can’t be more than 15 days) is magistrate’s discretionary power. If investigation is not completed even after police custody, and public prosecutor satisfies magistrate that it can be dangerous to let the accused walk freely, then magistrate can send accused in judicial custody.

In the case of State vs. Dharmapal, The Supreme Court held that, the accused can be sent to police custody only within first 15 days of presentation before the magistrate. But in the case of judicial custody, such person can be sent to prison, either within first fifteen days or even thereafter. Same is mentioned in proviso (a) to section 167(2).