An arrest is the act of apprehending a person and taking them into custody, usually because they have been suspected of committing or planning a crime. Meaning and Definition of Custody - Custody is the state of being guarded, or kept in prison temporarily, especially by the police. Every arrest is custody, but not Vice Versa. A custody may Amount to an arrest in certain cases but not in all cases. Share to Twitter Share to Facebook.
Labels: Cr. In such a case, the individual might be kept in the following custody Police Custody means that police have the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned magistrate. In former, the accused is lodged in police station lockup while in latter, it is the jail.
Holding a person in custody for further inquiry and investigation is governed by Section of the Code of Criminal Procedure. Section provides that a person may be kept in police custody to the extent of 15 days at the order of the Magistrate. In the case of an Executive Magistrate, the Executive Magistrate may grant custody of police to the extent of seven days. A Judicial Magistrate has the power to grant police the custody of a person for 15 days.
Police custody can only extend up to a period of 15 days. Beyond this, even if the custody of the person is required, it has to be judicial custody[5]. Judicial custody may extend up to a period of 90 days if the person is arrested in connection to a crime that is punishable by an imprisonment of 10 years or more, life imprisonment, and capital sentence.
In any other case, the judicial custody of such person may extend up to a period of 60 days. After the period of 60 or 90 days, the person is entitled to bail, till the time police have not filed the charge sheet. Arrest made without such a warrant but made in accordance with some legal provision for meeting such an arrest. Generally, Custody means, the charge and control of an individual or property of another person. In Legal Dictionary, the meaning of custody has been provided as, "Mere restriction on the movement of an individual concerned is a custody.
Police Custody Judicial Custody 1. Police Custody. Police custody can be defined as the immediate physical custody of an individual by the police officer who has committed a crime or who is suspicious. Unfortunately, the newspapers use the term "arrest" very loosely. If you are arrested and allowed to leave the scene, then the next step for you is to appear in court on the date selected by the police officer and listed on the summons or ticket. If you have only been charged with an infraction, then you will be given a mail-in ticket which can be handled without ever having to appear in court.
If you decide to plead "not guilty" and send the ticket in to the centralized infractions bureau, you will then get a court date assigned to you and you will be notified of that court date through the mail. If you fall into this category you can skip ahead to the information that follows about what you should do when you get court.
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