2. A. Relevance. Definition of Custody in the Definitions.net dictionary. does not even use the expression “remand” during the crime stage (investigation stage) of a case. Legodesk helps Lawyers and Clients to connect with each other and manage their matters effectively
Persons who are on Probation or who are released on their own recognizance are "in custody" for purposes of habeas corpus proceedings. But it not necessary that every case of custody must be preceded by arrest. Legodesk helps Lawyers and Clients to connect with each other and manage their matters effectively Difference Between Police Remand and Judicial CustodySave my name, email, and website in this browser for the next time I comment. B. This power allows judiciary authorities to determine the legality of arguments, proofs and facts in order to execute a sentence or a ruling. It also refers to a situation where the accused is sent back to jail for further investigation. In any case, regardless of whether it is a non-bailable offence then additionally if the officer in charge for the police station sees no reason of forwarding the accused to the magistrate reason being the insufficiency of proof or evidence against him, only then he can release such accused on bail himself and later on can file closure report with the magistrate.Now when such accused creates the impression that is, surrenders before the magistrate or brought before such magistrate after arrest and confinement or detention, at that point such magistrate can either send the accused to judicial custody that is to the prison jail.In strict legal theory, people held on remand are held only to guarantee that they are present for their trials. We'll assume you're ok with this, but you can opt-out if you wish. The scheme of S.167 is is intended to protect the accused from the methods which may be adopted by "some overzealous and unscrupulous police officers"Taking the plain language into consideration particularly the words "otherwise than in the custody of the police beyond the period of fifteen days" in the proviso, it has been held that the custody after the expiry of the first fifteen days can only be judicial custody during the rest of the periods of ninety days or sixty days and that police custody, if found necessary, can be ordered only during the first period of fifteen days.Judicial custody may extend to a period of 90 days for a crime which entails a punishment of death, life imprisonment or period of imprisonment exceeding 10 years and 60 days for all other crimes if the Magistrate is convinced that sufficient reasons exists.Accused in judicial custody, if circumstances justify, can be remanded to police custody or vice versa within time limit (15 days) as prescribed in S.167(2) Cr.P.C If it is known to police that an accused, who is already under custody for a suspected offence, is linked with some other offences, can police custody in respect of the other offences be sought, even though the accused has completed fifteen days of police custody in respect of the first offence?Yes, provided that the other offences are arising out of transactions different from the offence in respect of which he was taken into custody for the first time. For example, when one surrenders before Court, one is under custody, though there is no arrest.While interpreting the expression 'in custody' within the meaning of S.439 CrPC, Justice Krishna Iyer,. Proviso (a) to Section 167(2) CrPC states that Magistrate can authorize the detention of accused beyond the period of fifteen days, The detention in police custody is generally disfavored by law. Split custody is an arrangement in which the parents divide custody of their children, with each parent being awarded physical custody of one or more children.