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Laws of Custody in India A Judicial Magistrate can give the order to extend the duration of any custody upto 15 days and an executive magistrate can extend it upto 7 days. If the police report is not been filed within 60 or 90 days (as the case may be) then the person can be released on default bail.

It is illegal for the police to slap, beat, threaten, intimidate or torture any person who is being held in custody. Policemen can be removed from service and can also go to jail for doing this. The police are responsible for the wellbeing and safety of an arrested person.

Under the Code of Criminal Procedure, two kinds of remands have been mentioned, namely, pre-cognizance remand and post-cognizance remand. Section 167 of the Code deals with pre-cognizance remand and section 309 deals with the post-cognizance stage of remand.

In police custody, the person has the right to legal counsel, and the right to be informed of the grounds which the police have to ensure. In judicial custody, the person is under the responsibility of the magistrate, while the Prison Manual comes into the picture for the routine conduct of the person.

Police custody refers to the physical custody of the accused by the police after arrest, while judicial custody involves the accused being held in the custody of the concerned magistrate or court.

Under Section 167(1) of the CrPC, a competent officer has to forward the accused to the Magistrate once detained, if the investigation cannot be completed within 24 hours. Under Section 167(2) of the CrPC, the Magistrate has the power to extend this period of custody from time to time.

Police Custody means that police has the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned Magistrate. In former, the accused is lodged in police station lockup while in latter, it is the jail. When Police takes a person into custody, the Cr.

During Judicial Custody, the police officer in charge of the case is not allowed to interrogate the suspect. However, the court may allow the interrogations to be conducted if it opines the interrogation is necessary under the facts produced before the court.