How long can a person be kept in judicial custody?

Section 167 of the Code allows that a person may be held in the custody of the police for a period of 15 days on the orders of a Magistrate. A Judicial Magistrate may remand a person to any form of custody extending up to 15 days and an executive magistrate may order for a period of custody extending up to 7 days.

What if bail is rejected in Supreme Court?

(c) If the Sessions Court rejects the application, it shall mandatorily extend the interim protection operating in favour of the accused for a minimum period of three (3) working days on the same conditions on which interim protection was granted during pendency of an ABA or on such further conditions as the Sessions …

What is remand 167 difference between judicial custody and police custody?

After 15 days, the accused can only be kept in judicial custody or any other custody as ordered by the Magistrate, but not under the custody of the Police. In this case custody of 7 days after expiry of 15 days of police remand was held violative of Section 167 of the Code of Criminal Procedure.

Which is better police custody or judicial custody?

Police custody means that an accused stays in the lock-up of a police station or at least in the physical custody of the investigating agency probing the concerned matter. On the other hand, judicial custody implies that the accused is lodged in jail and is under the custody of a magistrate.

What are the circumstances in which anticipatory bail is given?

Anticipatory Bail: an individual who discerns that he could also be arrested by the police for a non-bailable offense, can apply for anticipatory bail. this is often an essential bail in recent times because business rivals and other influential people often attempt to frame their opponents in false cases.

Which court can grant anticipatory bail?

When a person has reason to believe that he may be arrested on the accusation of committing a non-bailable offence then he can move to High Court or the Court of Session u/s 438 of CrPC for anticipatory bail.

What police do in remand?

In other words, it is the remand where we send back the accused into the custody of police or that of the magistrate for collecting evidence and completion of investigation. The purpose of remand is to facilitate completion of investigation. This power of ordering remand is given to the judicial magistrate under S.

Can Supreme Court issue anticipatory bail?

The Supreme Court has held that a superior court can set aside an anticipatory bail order if there is enough material to suggest that factors like gravity of the offence and the role of the accused in the crime were not considered by the lower court.

How long is anticipatory bail valid?

91.2. As regards the second question referred to this Court, it is 6 Page 7 held that the life or duration of an anticipatory bail order does not end normally at the time and stage when the accused is summoned by the court, or when charges are framed, but can continue till the end of the trial.

When can bail once granted be Cancelled?

Cancellation of bail necessarily involves the review of a decision already made and can by and large be permitted only if, by reason of supervening circumstances, it would be no longer conducive to a fair trial to allow the accused to retain his freedom during the trial.” 7. Hon’ble Supreme Court in Dolat Ram v.

What rights do remand prisoners have?

When a person is remanded in custody it means that they will be detained in a prison until a later date when a trial or sentencing hearing will take place. They should also have further rights in prison, such as being able to wear their own clothes and having more visits.

Can bail be granted in police custody?

If a person is arrested for a bailable offence, he is entitled to be released forthwith on bail at the police station itself as a matter of right on furnishing a bail bond of reasonable amount. A person cannot be detained in police custody for more than 24 hours.

What is the scope of interference in the matters of bail?

Scope of interference in the matters of bail – Art 136 The general rule that this Court will not ordinarily interfere in matters relating to bail, is subject to exceptions where there are special circumstances and when the basic requirements for grant of bail are completely ignored by the High Court. Kalyan Chandra Sarkar v.

What is the right of the accused to apply for bail?

Prolonged delay in disposal of the trials and thereafter appeals in criminal cases, for no fault of the accused, confers a right upon him to apply for bail. This Court, has time and again, reminded the executive of their obligation to appoint requisite number of judges to cope with the ever increasing pressure on the existing judicial apparatus.

Can a court grant interim bail pending final disposal of bail application?

State of U.P. and Others [ (2009) 4 SCC 437], we reiterate that a Court hearing a regular bail application has got inherent power to grant interim bail pending final disposal of the bail application. In our opinion, this is the proper view in view of Article 21 of the Constitution of India which protects the life and liberty of every person.

How does a case reach the Supreme Court from the courts?

Appeals From Courts of Appeals Decisions. By far the most common way cases reach the Supreme Court is as an appeal to a decision issued by one of the U.S. Courts of Appeal that sit below the Supreme Court. The 94 federal judicial districts are divided into 12 regional circuits, each of which has a court of appeals.