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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.
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. |
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