Friday, 28 January 2022

DIFFERENCE BETWEEN ARREST AND CUSTODY


               DIFFERENCE BETWEEN ARREST AND CUSTODY


INTRODUCTION

The word custody and arrest are synonyms but actually they are not similar. Arrest is the first stage and custody is the second stage in a crime. The word arrest is derived from a French word arret which means to stop or to stay and the word custody means guardianship, keeping and safekeeping. In every arrest there is custody but in every custody there is no arrest. For example if an accused directly surrender under the magistrate there is no arrest there is only custody. Arrest can be done by police officer and also by private individual.

CUSTODY

 The definition of custody is provided under section 27 of the Indian evidence act, 1872. The provision for holding a person in custody in order to proceed further with the investigation process governed by Section 167 of the code of criminal procedure Custody denotes surveillance or restriction on the movements of the individual connected. There are mainly two type of custody:

1) Police custody.

2) Judicial custody.

Police custody just means an individual is being controlled by the police, is placed in a cell in the police station. Sometimes, the individual might be placed in house custody all things being equal. The police have the power to confine an individual just on doubt yet they should demonstrate their case inside distinct time-frame. Overall they don't do that recklessly, for example without at first sight proof. He cannot be held so endlessly, charges should be documented against him, he should be delivered before a judge inside a specific time period. In certain nations, an individual cannot be held in police custody for over 24 hours. Magistrate can extend custody till 15 days. The duration of custody can be utilized uniquely for addressing, should be given admittance to his lawyer. Police can interrogate the person without magistrate’s permission and the security is given by the police.

Judicial custody implies, the individual is held with judicial endorsement. When the charges are made and the individual is delivered before an officer, the police here and there argue for proceeding with custody of the individual. The grounds will be, delivering the individual could be truly affecting either the evidence against him/her or different people, and so forth In the event that the judge is persuaded, he/she endorses the police to keep on holding him for a predefined term (ordinarily, for a couple of days). Then, at that point, the denounced is moved to a proper jail. Since he isn't a convict at this stage, he would not be dependent upon the full arrangement of limitations a convict be able to can be put to. For instance, a charged in judicial custody would not be made to do be able to any work. Judicial custody can be extended till 90 days in case which have punishment for more than 10 years and 60 days in case of other offences.in judicial custody only magistrate has right to interrogate and the security is given by magistrate.

CONCLUSION

Rights are accessible to each resident of the country. Indeed, even an individual who is blamed for an offense has different rights some of which are fundamental in nature. The accused can in the event that for resistance of these arrangements approach the court where cure is accessible. Then again, the police specialists are needed to follow the procedure given in Chapter V of the Code of Criminal Procedure (CrPC).

The law accommodates the protections against misuse however there is a need to eliminate all inconsistencies and obstacles. The Magistrate should see the casualty's experience prior to passing requests. There is a need to grow Section 167 with the goal that the cures should be accessible for the past unlawful capture and detainments. The Executive should ensure that individuals under care know about their rights.


By,

Asha Sebastian.


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