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January 21, 2013

Difference Between Police Custody and Judicial Custody

When someone gets arrested then he remains in lock up and there in police station but he must be produced before magistrate within 24 hours and its mandatory and after that if police wants to take further remand then they can take it with them back to police station but by order of court but if not allowed then to be send to jail its judicial custody where he just remain and works and also there no threat of torture too. Judicial is maximum of 14 days till gets bail.

If it is required by police that the accused is needed for investigation purposes then the magistrates gives the custody of the accused to police this is called police remand
Police custody is given in non-bailable offences, depending upon the circumstances of the case, to facililatate investigation.

Whereas judicial custody means that the accused is technically in the custody of the Magistrate. Police can not interrogate a person in judicial custody without permission of the concerned Magistrate/court.

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