Difference between Detention, Arrest and Custody

Summary

In this video, Dr. Priya Sabaha explains the key differences between detention, arrest, and custody in the criminal justice system. She clarifies that detention involves holding someone under suspicion without charges, while arrest is the formal act of taking someone into custody based on credible evidence. Custody, on the other hand, refers to the state of being held after an arrest, either in police or judicial custody. Dr. Sabaha breaks down each concept, explaining their procedures, time limits, and the distinctions between police and judicial custody. The video offers a comprehensive understanding of these critical legal terms.

Takeaways

• 😀 Detention occurs when a person is held under suspicion without being charged with a crime. The person’s liberties are temporarily restricted.
• 😀 Detention can only happen if there is reasonable suspicion, and it has a limited duration depending on the region.
• 😀 An arrest is made when a person is formally charged with a crime based on sufficient evidence or reasonable cause.
• 😀 The legal procedure for arrest is outlined in the Criminal Procedure Code, with specific sections covering arrest with or without a warrant.
• 😀 A person can be arrested by the police, a magistrate, or even a private individual under certain conditions, such as the commission of a cognizable offense in the presence of the person making the arrest.
• 😀 Custody refers to the state of being under surveillance or restriction after arrest, with two types: police custody and judicial custody.
• 😀 Police custody is the initial stage of detention, lasting up to 24 hours, during which a person may be interrogated by the police.
• 😀 Judicial custody is when the person is placed under the court’s authority, and it can last up to 90 days for serious offenses or 60 days for others, depending on the case.
• 😀 Police custody allows interrogation, while judicial custody does not unless the court permits it for specific reasons.
• 😀 The key difference between detention, arrest, and custody lies in the seriousness of the action: detention is temporary, arrest is formal with charges, and custody is longer-term surveillance during investigation or trial.

Q & A

What is the difference between detention, arrest, and custody in the criminal justice system?

Detention refers to holding someone under suspicion without charging them with a crime, arrest involves formally taking someone into custody after charging them with a crime, and custody is when a person is under surveillance or restriction after being arrested, either in police or judicial custody.

What is detention, and under what circumstances can the police detain someone?

Detention occurs when the police hold someone under suspicion without charging them with a crime. The police can detain someone if they have reasonable suspicion of unlawful activity, but the detention must be for a limited period, after which the person must either be released or arrested.

How long can someone be detained by the police?

The length of detention varies by region, but generally, after a prescribed period, the police must either release the person or arrest them. The duration is typically short, depending on local laws.

What is the legal requirement for arrest under the Criminal Procedure Code (CRPC)?

Under the CRPC, arrest can occur with or without a warrant, depending on the situation. The police must have sufficient evidence or credible information, or a reasonable cause, to arrest someone.

Can a private person arrest someone according to the CRPC?

Yes, under Section 43 of the CRPC, a private person can arrest someone if the person commits a non-bailable and cognizable offense or is a proclaimed offender. The arrested person must be handed over to the police without unnecessary delay.

What are the differences between police custody and judicial custody?

Police custody involves the detention of a person by the police for investigation, and it typically lasts no longer than 24 hours. Judicial custody occurs when a person is transferred to the custody of a magistrate and may last up to 60 or 90 days depending on the severity of the crime.

How long can someone be held in police custody?

A person can be held in police custody for up to 24 hours. After that, the person must be presented before a judge, excluding any necessary travel time to court.

What happens if the police fail to file a charge sheet after the maximum period of custody?

If the police do not file a charge sheet within the required period (60 or 90 days depending on the offense), the arrested person is entitled to bail unless the charge sheet is filed and the court decides otherwise.

What does 'reasonable suspicion' mean in the context of detention?

Reasonable suspicion means that the police must have a legitimate and justifiable belief that a person may be involved in illegal activity. This suspicion must be based on facts or circumstances that would lead a reasonable person to believe that the individual is engaged in wrongdoing.

How does custody relate to further investigations or legal proceedings?

Custody, whether police or judicial, is a legal state where the person is held to allow further investigation or legal processing. In police custody, the person may be interrogated, while in judicial custody, the person is held under the supervision of a judge, and no further interrogation occurs unless permitted by the court.