what is the difference between the rules of the police and that of the courts
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Police Custody means that police has 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.
When police takes a person into custody, the CrPC kicks-in and they must produce him/her before a magistrate within 24 hours of the arrest. The magistrate then decides whether the accused should be sent to the police custody (if it is requested by police for further investigations, recovering of evidence etc.) or should be kept in magistrate's custody.
A maximum of 14 days of police custody is awarded after which the accused has to be reproduced in the court and the magistrate then decides whether to extend the police custody or send the accused to judicial custody.
As the case proceeds in the court, the process loops through until chargesheet is filed at which point, the judge must decide on the bail. If chargesheet is not filed within the mandated period, then the accused gets bail by default, as a matter of right.
Police custody cannot be granted in bailable offences. Also, police custody is only possible until chargesheet is filed since at that point, the investigations are deemed complete and police has no reason to ask for custody.
Of course, I believe you understand that police cannot interrogate a person while they are not in their but judicial custody, without permission of the concerned magistrate.
When police takes a person into custody, the CrPC kicks-in and they must produce him/her before a magistrate within 24 hours of the arrest. The magistrate then decides whether the accused should be sent to the police custody (if it is requested by police for further investigations, recovering of evidence etc.) or should be kept in magistrate's custody.
A maximum of 14 days of police custody is awarded after which the accused has to be reproduced in the court and the magistrate then decides whether to extend the police custody or send the accused to judicial custody.
As the case proceeds in the court, the process loops through until chargesheet is filed at which point, the judge must decide on the bail. If chargesheet is not filed within the mandated period, then the accused gets bail by default, as a matter of right.
Police custody cannot be granted in bailable offences. Also, police custody is only possible until chargesheet is filed since at that point, the investigations are deemed complete and police has no reason to ask for custody.
Of course, I believe you understand that police cannot interrogate a person while they are not in their but judicial custody, without permission of the concerned magistrate.
harshal33:
please give in table and very short it is two mark question
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police laws:
The Police is to maintain law and order, prevent crime, investigate crimes when reported, ensure protection to the citizens and their property. ...
court laws:
the Courts (Criminal Courts) are to hear the cases filed by the Police in the Courts and impart justice based on the evidence placed before it.
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