Police Custody vs Judicial Custody: What Really Happens When You're Arrested in Bharat?

Imagine this: it’s 11 PM. Your brother, your son, or your closest friend is picked up by the police. No one explains why. Phones stop responding. Hours pass. You finally find the police station — but you’re told, “He’s in custody. Wait.”

Wait for what?Where is he? What happens now?

Most Indians — even highly educated ones — have no idea what “custody” actually means. And in that vacuum of confusion, rights are violated, time is lost, and lives are derailed.

It’s time to change that.Let’s break down the two types of custody — police and judicial — in simple language, with examples, timelines, and the strategies smart people use when things go wrong.

Understanding Police Custody

Police custody is the first stop after someone is arrested. It means the person is physically in the custody of the police — typically kept in a lockup at the police station.

Why does this happen?Because the police need time to interrogate, find evidence, and strengthen their case.

But here’s what many don’t know: police custody has a hard limit.

Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS):

• Police can ask for a total of 15 days of custody for investigation.

• These 15 days can be split into different segments — not necessarily 15 in a row.

• But they must be used within a specific window:

  • 40 days for offences punishable with less than 10 years

  • 60 days for serious offences — death, life imprisonment, or 10+ years in prison

So, the total doesn’t exceed 15 days, but it can be spread across a longer period depending on the gravity of the crime.

Example:If someone is arrested for a financial fraud case (punishable with 7 years), the police might take 5 days of custody initially, then 3 more a week later — but all within the first 40 days of the investigation. After that? No more police custody is legally allowed.

Police custody is not automatic.Every time the police want more time, they must go to a magistrate and justify why it’s needed. The magistrate has the power to say no.

CrPC vs BNSS — What's Changed?

Before BNSS, under the old CrPC Section 167, the rules were similar — 15 days of police custody maximum.

But what’s new?

• Under CrPC: Those 15 days were usually taken consecutively right after arrest.

• Under BNSS: Now, it’s clearly allowed to split those 15 days across the first 40 or 60 days of the probe.

So the maximum hasn’t changed, but the flexibility and control has — and that has real consequences for how custody is managed.

For families, this means: Even after police custody ends temporarily, it can be requested again later — unless the 15 days are fully used up.

What Happens After That? Judicial Custody

Once police interrogation is no longer needed — or the magistrate feels it’s safer for the accused — the person is sent to judicial custody.

This means:

• The accused is under the control of the court, not the police.

• They are sent to jail — not just a lockup.

• They are held there while the police complete their investigation.

Timeline Matters:

• 60 days for offences punishable with less than 10 years

• 90 days for serious offences — 10+ years, life, or death sentence

If the police fail to file a charge sheet within this time?

The accused gets a right to default bail.

No court “favor.” No special privilege. It’s a legal right, built into the system to prevent abuse and delay.

Rights You Always Have — No Matter the Custody

You don’t need to be rich or influential to have rights. These are guaranteed — by the Constitution and upheld in landmark cases like DK Basu v. State of West Bengal and Arnesh Kumar v. State of Bihar.

Your Core Rights:

1. Right to be produced before a magistrate within 24 hours of arrest

   • This is your first line of protection. If this doesn't happen, the detention becomes illegal.

2. Right to a lawyer — even during police questioning

   • You’re allowed to have legal counsel from the very start.

3. Right to know the reason for your arrest

   • Police can’t just pick you up and say nothing. They must explain the grounds for arrest.

4. Right against torture and inhumane treatment

   • This isn’t just moral — it’s a legal right. And if broken, it can invalidate the case itself.

If any of these rights are denied, you or your lawyer can take action immediately — from filing for bail to seeking medical reports, and even filing complaints under human rights laws.

Why Strategic Thinking Starts in Custody

Most people think the case begins in court. That’s false.

The real case starts the moment you’re arrested.Every decision — whether to talk, who to call, whether to push for police or judicial custody — creates ripple effects.

Here’s what smart legal teams do:

• If they fear torture or pressure? They request judicial custody early, to get the accused out of police hands.

• If they see the charge sheet might be delayed? They track the 60/90-day clock to trigger default bail.

• If the accused is innocent or framed? They start building the narrative from day one — collecting proof of rights violations, medical records, unlawful detention.

Every day in custody is a potential move in your legal defense.If your lawyer isn’t playing the game — you’re being played by it.

Gatekeepers of Liberty — or Rubber Stamps?

Let’s speak plainly. Too many magistrates sign remand papers without asking the right questions. That’s not justice — it’s paperwork.

But the law gives them real power, if they choose to use it.

A magistrate can:

• Refuse a remand request if it's weak

• Ask for medical checks to verify torture

• Demand a clear explanation for every extension

• Shift a person from police to judicial custody to protect their rights

Magistrates aren’t supposed to aid the police.They’re meant to protect the Constitution — and you.

A Real-Life Wake-Up Call

A youth from Maharashtra was picked up on cybercrime allegations. His family didn’t know the system. For two full days, he wasn’t produced before a magistrate.

In that window, he was allegedly tortured and pressured into a confession.

When my team got involved, we pushed for immediate judicial custody, filed for default bail, and demanded a medical examination.

The result? He was released, and today, he's rebuilding his life. Not because the system saved him. Because his family acted — and acted fast.

If Someone You Love Is Taken Into Custody — Here’s What To Do

Don’t wait. Don’t guess. Start here:

1. Were they produced before a magistrate within 24 hours?

If not, call a lawyer immediately. This is your first red flag.

2. Are they in police custody or judicial custody?

Police lockups = risk of abuse. Judicial custody = more court protection.

3. Has legal representation been arranged?

Get a lawyer who understands strategy, not just bail paperwork. Someone who tracks the custody clock and knows when to strike.

Speed is your shield. Delay is your danger.

I don’t write these blogs to scare you — I write them to prepare you.

Because justice isn’t automatic. It’s something you demand, defend, and strategically secure — from the moment someone is taken into custody.

You don’t need a law degree to stand up for your rights.You just need clarity, courage, and someone in your corner.

If you, or someone you care about, is caught in legal fire — don’t wait for the system to act right.Act first.

— Advocate Raj Saraf