What is the difference between police custody and judicial custody? Find out when an accused is sent to a lock-up or a jail..

Police Custody vs. Judicial Custody: Whenever an individual is arrested in connection with a serious crime, you may have often heard terms like "police custody" and "judicial custody." News reports frequently mention that an accused has been sent to police custody, or conversely, that an order has been issued to place them in judicial custody. But do you know the difference between the two? In either case, is the accused kept in a jail or at a police station? How long can police custody last, and who decides on judicial custody? Let’s explore—in simple terms—what police custody and judicial custody are, and how the rules governing them differ.

What is Police Custody?
In simple terms, police custody refers to the detention of an individual by the police. When the police need to interrogate an accused person or gather essential information related to a case, they may request the court to grant them police custody of the accused. If approved, the accused is placed under the direct supervision of the police.

During police custody, the accused can be questioned about the case. Furthermore, they may be interrogated to uncover evidence related to the crime or to facilitate the recovery of items pertinent to the investigation. Typically, the accused is held in a lock-up at a police station. However, while the individual is in custody, the police are legally obligated to adhere to the law and respect the rights of the accused.

What is Judicial Custody?
Judicial custody refers to detention under the authority of the court. When a court determines that it is necessary to keep an accused person in custody—but that there is no need for them to remain under the direct control of the police—the individual may be placed in judicial custody. During this period, the accused is held in a central jail or another correctional facility, and their detention remains under the court's supervision.

Being placed in judicial custody does not imply that the accused has been proven guilty. It is a legal procedure for detaining an individual during the course of a trial or an investigation. During this period, the police cannot directly interrogate the accused at their own discretion. To do so, they must follow the prescribed legal procedure and obtain permission from the court.

What is the difference between police custody and judicial custody?
The primary difference between these two forms of custody lies in who oversees the accused and where they are held. In police custody, the accused remains under the direct supervision of the police, typically in a police station lock-up. In contrast, under judicial custody, the accused is held in a central jail or another correctional facility, with their detention mandated by a court order.

The main purpose of police custody is to facilitate investigation and interrogation. Conversely, in judicial custody, the accused is held in a jail to ensure their continued detention throughout the legal process. While investigations may continue during judicial custody, the police must adhere to established legal regulations when conducting interrogations.

How long can police custody last?
The law contains specific provisions regarding the duration of police custody. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, police custody can generally extend to a total of 15 days. However, these 15 days do not necessarily have to be consecutive. Depending on the applicable legal conditions, the custody may be granted in separate segments within an initial period of 40 or 60 days. This depends on the category of the offense and the specific time limits prescribed by law.

Therefore, it would be inaccurate to claim that the police are automatically granted 15 consecutive days of custody following an arrest in every case. The decision regarding custody rests with a magistrate, and it is contingent upon the fulfillment of specific legal requirements.

How long does judicial custody last?
The duration of judicial custody depends on the nature of the charges and the status of the investigation. Under the BNSS, the standard timeframe for completing an investigation and filing a charge sheet—depending on the severity of the offense—can be 60 or 90 days. In cases where the offense carries a penalty of death, life imprisonment, or a minimum of 10 years of imprisonment, a 90-day period generally applies. For other related cases, this period may be 60 days.

It is important to understand that these 60 or 90-day periods do not represent the maximum duration of judicial custody. Rather, they are critical legal timeframes primarily associated with the completion of an investigation and the filing of a charge sheet. If a charge sheet is not filed within the stipulated period—and provided other legal conditions are met—the accused may become entitled to seek 'statutory bail.' Conversely, depending on court orders and the specific circumstances of the case, judicial custody may continue beyond these timeframes.

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