Difference Between Police Custody & Judicial Custody

Police custody and judicial custody are two types of detention under Section 187(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

In police custody, with a magistrate’s permission, the accused is kept at a police station for interrogation for up to 15 days.

If further detention is needed, the magistrate can order judicial custody, where the accused is sent to jail under court supervision. Police need the court’s permission to question the accused in judicial custody. 

This detention can extend up to 60 days for lesser offences and 90 days for serious crimes. The main difference between the two lies in who controls the custody — the police or the court.