📋 Key Takeaway: Police remand means the accused is in police custody for interrogation. Judicial custody means the accused is in jail under the court's authority. The key difference: police can interrogate during police remand but not during judicial custody. Knowing this distinction can protect your rights.
What Happens After Arrest?
When a person is arrested in Kolkata for a cognizable offence, the police must produce them before a magistrate within 24 hours (excluding travel time). At this first production, the magistrate decides whether to:
- Release the person on bail (if the offence is bailable)
- Send them to police custody (remand)
- Send them to judicial custody
- Release them if no grounds exist for detention
Police Remand (Police Custody) — Explained
Police remand means the accused is placed in the physical custody of the police for a specified number of days so the police can interrogate them. Key features:
- Maximum Duration: 15 days total during the entire investigation, but only up to 14 days at a time (Section 167 CrPC)
- Purpose: Interrogation, recovery of evidence, identification parade, confrontation with witnesses/co-accused
- Judicial Oversight: Police must justify the need for custody at each production before the magistrate
- Rights During Remand: Right to legal counsel, right to medical examination, and protection against third-degree torture (Section 41D CrPC, DK Basu guidelines)
- Location: Police lock-up, not jail
⚠️ Critical Right: During police remand, your lawyer CAN meet you. The police cannot deny legal access. If you or a family member is in police custody in Kolkata, contact a criminal lawyer immediately.
Judicial Custody — Explained
Judicial custody means the accused is under the authority of the court and is lodged in a judicial lock-up (jail), not with the police. Key features:
- Maximum Duration: 60 days (for offences punishable with less than 10 years) or 90 days (for offences punishable with 10+ years, death, or life imprisonment)
- No Police Interrogation: Police cannot interrogate the accused in judicial custody without specific court permission
- Default Bail: If chargesheet is not filed within 60/90 days, the accused becomes entitled to bail as a matter of right under Section 167(2) CrPC
- 15-Day Increments: Judicial custody is extended in blocks of 15 days, up to the 60/90-day maximum
- Location: Jail/prison, not police lock-up
Key Differences at a Glance
| Aspect | Police Remand | Judicial Custody |
|---|---|---|
| Custody By | Police | Court/Jail Authorities |
| Interrogation | Police can interrogate | Police need court permission |
| Max Duration (Total) | 15 days | 60 or 90 days |
| Location | Police lock-up | Prison/Jail |
| Default Bail | Not applicable | After 60/90 days |
Your Rights During Custody
- Right to legal counsel: You can meet your lawyer at any reasonable time — even during police remand (Article 22(1) of the Constitution, Section 41D CrPC)
- Right to medical examination: You have the right to be examined by a doctor at the time of arrest and every 48 hours during custody
- Right against torture: Third-degree methods, physical torture, and custodial violence are illegal. The Supreme Court's DK Basu guidelines mandate specific protections
- Right to inform family: Police must inform your family or a nominated person about your arrest
- Default bail under Section 167(2): If chargesheet not filed within 60/90 days, apply for bail — it becomes a right, not a discretion