CRPC Ica Iv
CRPC Ica Iv
CRPC Ica Iv
SUBMITTED BY,
TANAY DINESH BOTHRA,
B.B.A. L.L.B.,
SAP ID- 81022019351,
DIVISION- F,
ROLL NO- F008,
SUBMITTED TO,
PROF. TANMAY TRIPATHI
Table of Contents
Introduction.........................................................................................................3
Aim................................................................................................................3
Purpose.........................................................................................................3
Keywords......................................................................................................3
Research Objectives............................................................................................3
Research Methodology.......................................................................................4
Conclusion...........................................................................................................7
References............................................................................................................9
Introduction
The word 'custody' means apprehending someone for protective care. In case, you are in
charge of a room with some kids and you find acts of one of those kids dangerous to other
kids, you'll want to tie arms of that kid and make him sit away from other kids. So this is the
principal behind arresting the suspect of a crime, to save other people in the society. The
words "custody" and "arrest" are not synonymous. It is true that in every arrest there is
custody but vice versa is not true. Mere utterance of words or gesture or flickering of eyes
does not amount to arrest. Actual seizure or touch of a person's body with a view to arresting
is necessary. Arrest, remand and bail are components related to investigation. They generally
come into play as an aid to investigation. Arrest directly curtails personal liberty of an
individual. It strikes at his freedom. Therefore, many a times unwarranted arrests have
reached courts of law. There have been occasions when unlawful detention has been
considered as a violation of fundamental right and compensation thereof has been paid. There
are several provisions which incorporate safeguards for illegal arrest. If the method of arrest
is not performed as prescribed by Sec. 46, the arrest would be nugatory.
Aim- Through this research we will make an attempt to understand different facets of judicial
custody which includes all the provisos and exceptions, this would be done in a much
comprehensive manner after we study Section 167 of the Criminal Procedure Code which
basically deals with judicial custody on a whole. We will also study the importance of
judicial custody and the origin of it through different case laws that have assisted in the
development of the law that is abided by today.
Purpose- This study will clear all the blurry lines that exist between arrest and custody, this
will further on help us to understand the concept of judicial custody and as to why does it
exist in India
Keywords- Custody, Magistrate, Detention, Police, Judiciary
Research Objectives
To understand the difference between arrest and custody
To understand the importance of judicial custody
To understand the difference between Section 167 and 309 of the CRPC
To understand the difference between Police Custody and Judicial Custody
Research Methodology
This research is going to be assisted by a lot of different resources, considering the fact that
the study is going to be an analysis of an existing law, the entire study will be done through
the method of secondary research. The researcher is going to analyse sections in the Criminal
Procedure Code and different case laws related to judicial custody. We will also be using a
few journals and articles that have been authored by distinguished legal professionals to add
credibility to the study.
Limitations
The entire study was done through the means of secondary research, although the reason why
was because this study was heavily supported by analysis of the current legislation on judicial
custody, the paper would have still been a lot more comprehensive if it were supported by
primary research as it would different opinions from distinguished jurists, legal professionals
etc. The study was also conducted with a deadline in hand so there was a potential that the
study could have been done in a much more comprehensive manner.
Conclusion
The provisions for holding a person in custody for the purpose of furthering investigation, in
India are governed by Section 167 of the Code of Criminal Procedure. Section 167 of the
Code allows that a person may be held in the custody of the police for a period of 15 days on
the orders of a Magistrate. A Judicial Magistrate may remand a person to any form of custody
extending up to 15 days and an executive magistrate may order for a period of custody
extending up to 7 days. A person may be held in the custody of the police or in judicial
custody. Police custody may extend only up to a period of 15 days from the date custody
begins but 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,
following which the accused or suspect must be released on bail.
References
Citizen Centric Service. Home - eCourt India Services. (n.d.). Retrieved April 12,
2022, from http://www.ecourts.gov.in/
Ramkumar, J. V. (2021, October 9). The concept of 'detention' under section 167
(2) Cr.P.C. and its scope, range and legality – part - I [webinar video and notes].
Live Law. Retrieved April 12, 2022, from
https://www.livelaw.in/top-stories/detention-under-s167-2-crpc-scope-legality-
arrest-remand-judicial-custody-police-183462
Remand by a judicial magistrate if investigation is not completed within 24 Hrs.
Legal Service India - Law, Lawyers and Legal Resources. (n.d.). Retrieved April
12, 2022, from https://www.legalserviceindia.com/legal/article-573-remand-by-a-
judicial-magistrate-if-investigation-is-not-completed-within-24-hrs.html