Table of Contents
Judicial Custody vs Police Custody
Custody–
- the protective care or guardianship of someone or something.
Arrest vs Custody
- The words “custody” and “arrest” are not synonymous.
- Arrest means apprehending someone and taking them into custody for committing a crime or planning to commit one.
- In Arrest – Actual seizure of a person’s body with a view to arresting takes place.
- The situation of being detained or temporarily imprisoned is known as Custody.
- In every arrest there is custody but vice versa is not true.
- Arrest precedes custody.
POLICE CAN INTERROGAGE ACCUSED WHEN HE IS IN MAGISTRATE CUSTODY.
- P.C. S.167 – Criminal Procedure – Judicial custody – Interrogation by Police – Permissible – Magistrate can direct the place and manner – Mere interrogation by Police, during such custody by permission of the Magistrate, cannot change the nature of custody (Para 4) Gian Singh Vs. State (Delhi Administration) 1981 CRI.L.J. 100.
- In Kami Sanyal v Dist. Magistrate – the Supreme Court observed that “while a person is committed to jail custody by a competent Court by an order, which prima facie does not
appear to be without jurisdiction or wholly illegal, a writ of habeas corpus in respect of that person cannot be granted” - Raj Pal Singh v. State of U.P- Magistrate’s power to give remand is not mechanical and adequate grounds must subsist if Magistrate wants to exercise his power of remand.
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