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Difference between Judicial Custody and Police Custody


Judicial custody and police custody are two types of custody that a person may be held under during a criminal investigation or trial. The main differences between the two are as follows:

Legal authority: Police custody is authorized by the police, while judicial custody is authorized by a court of law.

Time duration: Police custody is typically limited to 24 hours or a maximum of 15 days (in India), while judicial custody can be extended for longer periods of time, up to several years in some cases.

Purpose: Police custody is used to hold a suspect for questioning and investigation, while judicial custody is used to detain a person who has been charged with a crime and is awaiting trial.

Rights of the detainee: A person held in police custody has limited rights, while a person held in judicial custody has certain legal rights such as the right to legal representation, medical attention, and visitation by family members.

In general, police custody is a short-term detention period authorized by the police for the purpose of investigation, while judicial custody is a long-term detention period authorized by a court of law for the purpose of holding a person who has been charged with a crime and is awaiting trial.

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