What is the difference between police custody and judicial custody?

Question

My relative has been arrested and I keep hearing about police custody and judicial custody. What is the difference and how long can each last? I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "What is the difference between police custody and judicial custody?" turns on BNSS 2023 s.187 and Constitution of India Art.22. The points below set out the position and then what to do about it, in the order it should be done.

Police custody means the arrested person remains in the physical control of the investigating police for interrogation, while judicial custody means the accused is held in jail under the Magistrate's authority, no longer accessible to police for questioning without court permission.

Under BNSS s.187, police custody can be authorised by a Magistrate for an initial period, and the total period of police custody permissible is now extended up to 15 days in total (which can be spread over the first 40/60 days of the 60/90-day investigation period, depending on offence).

Beyond the initial 15 days of police custody, an accused must be kept only in judicial custody, though the Magistrate can still authorise further judicial remand up to the statutory maximum of 60 or 90 days before default bail becomes available.

Article 22 requires production of the arrested person before a Magistrate within 24 hours (excluding travel time), and any remand order must be a reasoned judicial order, not a mechanical extension.

Family members should track the remand dates carefully since default bail rights under BNSS s.187(3) accrue if the chargesheet is not filed within the prescribed period.

In practice, in this order: 1) Note the date of arrest and the first production before the Magistrate within 24 hours; 2) Track whether police custody or judicial custody is granted and for how long; 3) Engage a lawyer to oppose unnecessary extension of police custody beyond 15 days; 4) Calculate the 60/90-day period to assert default bail if the chargesheet is delayed.

Timing matters here: BNSS 2023 s.187 works on limitation periods, so a police custody vs judicial custody claim that is right on the merits can still fail if it is brought late. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in criminal law.