Judicial custody
Topic: Justice Delivery: Subordinate Courts, Tribunals, Legal Aid and Judicial Reforms · NCERT: Beyond NCERT
Meaning
Judicial custody means an accused person is held in jail under a magistrate's order. They are in the court's charge, not the police's. The police cannot keep the person in their lock-up. To question them, the police need the court's permission. Judicial custody usually follows police custody, or is ordered when the police do not need the person for questioning. It matters because it shields the accused from police pressure while the case goes on.
Example
After a few days of police questioning, a magistrate sends the accused to the district jail. If they are not granted bail, they may stay there as an undertrial prisoner (someone held while their trial is pending) until the trial ends.
Don't confuse with
- Police custody: here the person is held by the police for questioning, for at most 15 days in total. In judicial custody the person is in jail under the court's control.
Related concepts
- Criminal justice system
- Police
- Commissionerate system of policing
- Cognizable offence
- Non-cognizable offence
- First Information Report
- Zero FIR
- e-FIR
- Charge sheet
- Arnesh Kumar guidelines