Split verdict on custodial death – Police Custody vs Judicial Custody

September 26, 2024

GS Paper II Indian Polity and Governance

The Supreme Court has delivered a split verdict in a custodial death case in which the police officers were convicted under Section 304 of the Indian Penal Code.

About Custodial Death

Death that takes place while a person is in custody, and is either directly or indirectly related to or significantly attributable to activities that were carried out while the person was in custody.
Coverage: Covers fatalities that take place in a jail, on a police or even other vehicle, at a private or medical facility, or in a public space.
Custody: Someone assigned for the protection of care or guardianship of something.

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Article 20: Grants protection against arbitrary and excessive punishment to an accused person, whether a citizen or foreigner or legal person like a company or a corporation
Article 21: No individual will be denied of his life or individual freedom with the exception of as per strategy set up by law.
Article 22: Guarantees protection against arrest and detention in certain cases and provides that no person who is arrested shall be detained in custody without being informed of the grounds of such arrest.

Custody and Its Types

Police Custody	Judicial Custody
Police have the physical custody of the accused.	Accused is in the custody of the concerned Magistrate.
Accused is lodged in lock up.	Accused is lodged in jail
A person has to appear before the concerned magistrate within 24 hours.	Person is kept in jail until the Court gives bail: Police officers in charge of the case are not allowed to interrogate the suspect without the approval of the court.
Police custody begins when a police officer arrests a suspect upon receiving a complaint or FIR.	Judicial custody begins when the public prosecutor satisfies the court that for the purpose of the investigation, custody of such accused is necessary.
Maximum period: 24 hours May be extended to 15 days as a whole by the appropriate magistrate	Maximum period of detention is 90 days where the investigation is related to offences punishable with death, imprisonment for life or imprisonment for a term not less than ten years 60 days where the investigation is related to offences punishable with imprisonment for a term less than 10 years.

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