Order of Arrest, Seizure and Custody

 Order of Arrest, Seizure and Custody

#Arrest

#Remand

#custody

#Judicial custody

#Arrest

Arrest is the taking into custody of another person by a police officer or a person authorized by law

Remand

The term remand is used in law only after a person has been arrested and handed over to the court.

Remand means the court takes an arrested person into judicial custody. Police officers have no power to remand a person only the court has.

custody

Self-control is self-control.

There is a difference between arrest and custody.

Arrest in custody Arrest does not have custody. This means that all arrests and custody do not come under arrest.

Once a person is arrested by the police, the arrested person can be detained in two ways.

Judicial custody and police custody

CRPC section 57 states that when a police officer arrests a person in connection with an offence, the arrested person shall not be detained in the police station for more than 24 hours.

Article 22 of the Constitution of India makes it clear that detaining a person for more than 24 hours is a violation of human rights and is against fundamental rights.

If someone is detained illegally in the police station, it is called illegal custody.

Section 97 of the Code of Criminal Procedure says that the Judicial Magistrate may appoint a member of the court to search the police station to search for the person detained in the police station.

A person who has been illegally detained in a police station can be brought to court and filed a writ petition in the High Court under Article 226 of the Constitution of India and in the Supreme Court under Article 32.

These 24 hours are for the investigation of the case itself and not for beatings and torture.

Travel time for arresting the arrested person and bringing him to court is not taken into account.

If the arrested person is a sick person or a pregnant woman, the police department can keep them under their control for 24 hours by admitting them to the hospital and after that they have to get the permission of the judicial referee.

CrPC section 76 states that an arrested person must be handed over to a judicial magistrate within 24 hours.

Section 167 CrPC allows the court to take the arrested person into judicial custody after the police hand over the arrested person to the judicial magistrate.

The police officer investigating the case may file a petition with the Judicial Magistrate to hand over the arrested person to the custody of the police station on the grounds that there is a need for further investigation of the arrested person.

A judicial arbitrator can order detention for up to 15 days, often 15 days of detention is not granted but within 7 days.

Police confinement cannot be ordered for bailable offences.

While issuing the order of detention, the Judicial Magistrate should ask the detainee whether he has any objection.

 An arrested person can be subjected to torture only if ordered to be locked up in the police station.

A police station may refuse to order detention or may order detention on necessary conditions if serious objection is raised that even death may occur.

A lawyer may be present during detention. From time to time the person under custody must be produced before the court.

A judicial arbitrator may impose conditions not to be kept in the police station during night hours.

The reason why the police officers take the arrested person to the police station is to beat and torture him to find out the truth. In some cases, it is common to automatically accept a crime that has not been committed and to accept it because it is forced to accept it.

Judicial custody

Judicial custody means that the arrested person is under the control of the court rather than the police. Placement under court supervision often means placement in prison.

A person under court control should not be kept in jail cells in police stations without the permission of the court.

The court can order only up to 15 days to imprison the person arrested under the control of the court. If the prosecution requests an extension of the court's custody on the grounds that the investigation of the case has not been completed, the court shall grant an extension of custody once every fifteen days.

However, if the investigation is not completed within 90 days, the court should refuse to extend the custody and release the arrested person on bail.

 The prosecution must complete the investigation within 60 days for the offense punishable by up to ten years.

It does not apply to the Detention Act. Under the Detention Act, an arrested person can be kept in a police station for more than 24 hours. CrPC does not apply to this.