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hello everyone I'm dr. Priya sabaha my
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topic for today is difference between
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detention arrest and custody there are
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certain terms in criminal justice system
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which are ambiguous in nature however
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they are step-by-step explained in law
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and practice police have power to see
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someone under many grounds the most
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under which a person can be seized by
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the police a detention arrest and
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custody usually people get confused
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between these three but they are having
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different meaning the first one is
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detention when the police or any
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authority holds someone under suspicion
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but have not charged them with a crime
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is known as detention and this person is
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detained against their will and their
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liberties are revoked for the time being
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the police have the right to detain
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someone if they suspect them of unlawful
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activities or any wrongdoing however the
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police cannot detain someone without
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reasonable suspicion and can only detain
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them for a certain period of time which
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varies from region to region after the
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prescribed time the police must either
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release or arrest a person according to
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the case the second mode is arrest
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although in criminal law arrest has not
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been defined but the procedure of arrest
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has been given under Section 41 to
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section 60 of Criminal Procedure Code as
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per legal dictionary arrest means a
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scissor or forcible restrain and
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exercise of the power to deprive a
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person of his or her liberty the taking
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on keeping of a person in custody by
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legal authority specially in response to
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a criminal charge in criminal law arrest
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is an important tool from bringing and
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accused
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before the court and to prevent him from
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absconding when the police charged
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someone with a crime and then takes them
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into custody is called arrest however in
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order to arrest someone the police must
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have sufficient evidence credible
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information or a reasonable cause about
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the illegal act committed by him now the
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question is who can meet arrest under C
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RPC the arrest can be made either by
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police or by magistrate or well private
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person
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the police can made arrest either
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without warrant which has been described
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under Section 41 one through section 151
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or CRP C or wit warrant which is
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described under Section 72 to 74 of CRPC
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the next is section 44 which defines
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that arrest can be made by magistrate
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any magistrate whether executive or
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judicial may arrest a person when any
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offense is committed in his presence
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then he may himself arrest or order any
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person to arrest offender and thereafter
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depending upon the case he may even give
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the bail to that person or send him to
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custody now section 43 which defines
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that the arrest can be made by private
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person any private person may arrest or
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cause to be arrested any person who in
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his presence commits a non-bailable and
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cognisant offense or any proclaimed
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offender and without unnecessary delay
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shall make over or cause to be made over
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any person so arrested to a police
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officer or in the absence of a police
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officer take such person or cause him to
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be taken in custody to the nearest
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police station
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now the third mode is custody merely
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surveillance or restriction on the
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moment of a person concerned is called
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custody in criminal law custody is a
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second stage of arrest basically there
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are two types of custody the first one
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is police custody and second is judicial
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custody police custody when falling to
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the receptor of any information or
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complaint or report by police about a
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crime a police officer arrests a suspect
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involved in the crime reported to
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prevent him from committing the
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offensive acts further such officer
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brings that suspect to police station
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this is called as police custody during
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this detention the police officer in
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charge of the case may interrogate the
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suspect and this detention is not
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supposed to be longer than 24 hours the
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officer in charge of the case is
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required to produce a suspect before the
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appropriate judge within 24 hours these
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24 hours exclude the time of necessary
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journey from valla station to the goat
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the next is judicial custody which means
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an accused is in the custody of the
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concerned magistrate a judicial custody
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may extend up to the period of 90 days
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if the person is arrested in connection
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to a crime which is punishable by an
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imprisonment of 10 years or more life
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imprisonment and capital sentence and in
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any other case the judicial custody of
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such person may extend up to the period
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of 60 days after the period of 60 or 90
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days depends upon the case the person is
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entitled to bail till the time police
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have not filed the charge sheet once the
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police filed the charge sheet the person
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cannot claim bail as a matter of right
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the key differences between the police
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and the judicial custody police custody
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is defined as the immediate physical
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custody by the Bullis of a person who
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has committed a crime whereas judicial
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custody is ascribed by the judge or the
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court itself in police custody the
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person is arrested and brought to the
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police station for processing
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whereas in judicial custody it is
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ordered by the judge depending on the
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circumstances of the case in police
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custody the suspect can be intergrate by
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the police but in judicial custody
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there is no interrogation done during
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this unless the situation calls for the
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action and with the permission of the
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judge in police custody legal counsel is
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usually present in an interrogation to
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ensure that the suspect rights are being
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respected and that no physical harm or
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brutality of any kind will occur but in
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judicial custody there is no need of
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such action in police custody the
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protection and care provided by the
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police and in judicial custody it is
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under the protection and safety of a
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judge lastly the key differences between
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the detention arrest and custody
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detention is when the action of
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detaining someone or the state of being
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detained in official custody whereas an
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arrest is to see someone by legal
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authority and take them into custody and
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in custody merely surveillance or
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restriction on the moment of the person
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concerned in detention
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Pulis only need reasonable suspicion to
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hold the suspect
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where is an arrest police need hard
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evidence to arrest someone and in
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custody holding a person is to further
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inquiry and investigation detention is
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less serious in nature arrest is more
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serious in nature and
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custody is also more serious in nature
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the detention may lead to an arrest if
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more evidence is found an arrest may
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lead to jail if convicted custody of
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self is of two types the first in police
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custody and second as judicial custody
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depending upon the circumstances there
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is no criminal record of detention
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but another in arrest there is a
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criminal record and as custody there is
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a police record and in detention
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usually it is of short period of time
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then they have to either be released or
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arrested and in arrest it can be held
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until bail is granted or until their
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case comes to court and in custody
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police custody is or 15 days and
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judicial custody is of 60 to 90 days
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depending upon the cases this is all
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about the arrest detention and custody I
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hope you liked the video for detail
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nodes you may visit my website
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www.themanufacturingmentor.com
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