Police custody means when the accused person is given in custody of the police officer who is conducting the investigation of the offence in which the accused in involved. In such situation, the accused is generally kept in the police lockup. This custody enables the police to question / interrogate the accused on various aspects of the case and collect evidence with the help of his interrogation. The police custody can be for a maximum period of 15 days.
On the other hand, the detention of the accused in a custody, other than the police custody, is generally known as magisterial custody or jail custody. In such situation, the accused is generally detained in jail. If a charge sheet has not been filed then the total custody (including police custody which is for maximum of 15 days and the magisterial custody which is for the remaining period) can be a maximum of 90 days or 60 days, depending upon the nature of the offence. The maximum custody is:
• for 90 days where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;
• for 60 days, where the investigation relates to any other offence.
However, if the charge sheet has been filed within the aforesaid total period of 90 days or 60 days, as the case may be, and if the accused has not been released meanwhile, then the above time limits for the total custody may not apply and his custody may extend beyond these periods.
The provisions relating to custody of the accused are laid down in Section 167 of the Criminal Procedure Code till the filing of the charge sheet, and in Section 309 if the court has already taken cognizance of the case after filing of the charge sheet.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
