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Law and Act: Differences between Police Custody and Judicial Custody

 

 

Law and Act: Police Vs Judicial, Custody Procedure, Criminal Law and Acts

Both police custody and judicial custody are different from each other despite being connected to each other. Suspicious in both police custody and judicial custody is kept in the custody of the law. Both types of custodian have to stop the person from committing a crime.

It is known that an accused person is kept in police custody and judicial custody according to the rules of the Indian Penal Code (CRPC).

Whenever the police take custody of any person, then he can seek the time to keep custody of the magistrate under section 167 of CrPC for 15 days for further investigation. A judicial magistrate can send any person for 15 days in any kind of custody.

But there are some laws under which the police can keep an accused in police custody for 30 days. As per the Maharashtra Organized Crime Control Act of 1999 (MCOCA), police custody can be extended up to 30 days.

In the police custody, the person is kept in a police station because of the action was taken by the police, whereas the accused in the judicial custody is kept in "prison".

Police custody begins when the police officer arrests a suspect, while judicial custody begins when the judge leaves the accused with police custody.

Police custody is of the maximum duration of 24 hours, whereas Judicial custody does not have any such period.


 

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