What is the difference between police custody & judicial custody?
Police Custody V/s Judicial Custody
Police Custody:
In police custody, Police have power to arrest accused in physical custody but in the judicial custody accused is in the court custody. In police custody accused afraid becouse of harassment and physical torture.
FIR lodged against accused for a cognizable offence (More than 3 years punishment) then police arrest that person because of Police want to prevent him from tampering with evidence or influencing witnesses. After arrest police responsibility to produce the accused before a court within 24 hours and seek his remand to police custody for introgation for maximum 15 days.
Judicial custody
In uncognizable offence, After expire of police custody or after detail introgation and investigation , the court ordered to police to get accused on remand of judicial custody. It's assured that there is not temmpered evidence and not influence witness then police duty to file charge sheet within 90 days . If charge sheet not filled within 90 days , the court grant bail to accused in normal case. But in heinous crime/offences, like murder and rape. the accused is normally kept in judicial custody for a long time because of the process of trial is not influenced.
The judicial custody is for 60 day in general crime after 60 days Court grant bail to accused . In all other crimes, if sufficient reason exist that suspect tampered evidence and influence witness then this period may be increased.
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