Police Custody vs Judicial Custody

The word custody means guardianship of something or someone. In civil services, custody refers to the imprisonment of a particular person who has committed a crime.

Police Custody

In police custody the police have the authority to punish the accused. A suspected person is arrested in crime and the police collects more information in case of cognizable offence. The accused is lodged in the lock-up of a police station. Another aim of the police custody is to prevent evidence from destruction. During this period, police officer who is in charge can interrogate the arrested person. Without anyone’s permission, be it a Judge or Magistrate. According to section 57 of The Code of Criminal Procedure, 1973 the accused stays in the lockup for 24 hours unless he/ she is proven innocent and without the order of magistrate it cannot exceed more than 24 hours.

It is the magistrate who decides whether he/she should stay in police custody or be remanded to judicial custody. Police custody can be ex­tended for a maximum period of 15 days.

Judicial custody

According to Section 167(2) in The Code of Criminal Procedure, 1973, when police officer presents the arrested person in front of Magistrate, Magistrate can order to send him to police custody or judicial custody.

In judicial custody, Magistrate will have the custody of the arrested person and he will be sent to jail.

Provisions for judicial custody

In India, custody is governed by section 167 of Code of Criminal Procedure, 1973. According to this section, time period of custody is given as follows:

Custody for not more than 15 days

When arrested person is produced before Magistrate, he can send the accused to custody for a time period of 15 days.

Custody for 7 days.

If Judicial Magistrate is not available then the Executive Magistrate can give custody of accused for time period not more than seven days.

Custody for 60 days.

According to Section 167(2) (a) (ii), Magistrate can send accused to extended custody for period of sixty days on reasonable grounds. In these sixty days, police custody will not be more than fifteen days.

Custody for 90 days.

According to section 167(2)(a)(i), Magistrate can extend custody up to 90 days for investigation of offence related to punishment of death or life imprisonment or imprisonment not less than ten years.

In this section it is also mentioned that accused must be present in the court for police custody. For judicial custody accused can also address Court through video conferencing. When police fail to file charge sheet even after custody of sixty days or ninety days it becomes right of accused to get bail after application for bail.


In this article we discussed the police custody and judicial custody also we have discussed difference between them. The main purpose of custody is to maintain peace and avoid any further wrong activities. Police arrest the suspected person to gather more information and to avoid any kind of destruction of evidence.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.