AI Overview...
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Custody During Investigation - Refers to the period when an accused is held by the police or under judicial custody for the purpose of investigation, including questioning, collecting evidence, or confronting witnesses. It requires an order from a Magistrate and can be police custody or judicial custody, with the latter typically involving remand by a Magistrate Parshotam Lal VS State - Jammu and Kashmir, Central Bureau of Investigation, Special Investigation Cell VS Anupam J. Kulkarni - Crimes, V. Senthil Balaji VS State Represented By Deputy Director - Supreme Court, STATE VS DHARAM PAL - Delhi.
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Custody After Investigation - Pertains to detention or imprisonment following the completion of investigation, often leading to trial or sentencing. This custody is generally judicial and can be extended during trial proceedings. The focus shifts from investigation to trial and punishment Parshotam Lal VS State - Jammu and Kashmir, Central Bureau of Investigation, Special Investigation Cell VS Anupam J. Kulkarni - Crimes, V. Senthil Balaji VS State Represented By Deputy Director - Supreme Court.
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Key Differences:
- Purpose: During investigation, custody is for collecting evidence; after investigation, it relates to trial or sentencing.
- Legal Authority: Investigation custody is authorized by a Magistrate's remand order, whereas post-investigation custody is usually judicial and linked to trial procedures.
- Duration & Disfavor: Prolonged judicial custody during investigation is discouraged, emphasizing that custody during investigation should be limited and justified Central Bureau of Investigation, Special Investigation Cell VS Anupam J. Kulkarni - Crimes, Central Bureau Of Investigation, Special Investigation Cell 1, New Delhi VS Anupam J. Kulkarni - Supreme Court.
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Types of Custody: Police custody involves direct police control, while judicial custody involves remand by a Magistrate. Custody can be converted from police to judicial during investigation STATE VS DHARAM PAL - Delhi.
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Additional Insights:
- Statements made during investigation, such as confessions, have limited evidentiary value and cannot solely form the basis for conviction Dhaniram Das VS State of Assam - Gauhati.
- The distinction between investigation and inquiry is significant in legal procedures, affecting the legality of actions like seizure and custody State of Assam VS Lalhruaizela - Gauhati.
Analysis & Conclusion:
The main difference between custody during investigation and after investigation lies in purpose, authority, and legal procedures. Custody during investigation is primarily for gathering evidence and is tightly regulated, often involving police or judicial remand. After investigation, custody shifts towards trial and sentencing, generally under judicial control. Proper understanding of these distinctions ensures adherence to legal rights and procedural fairness.
References:
- Parshotam Lal VS State - Jammu and Kashmir, Central Bureau of Investigation, Special Investigation Cell VS Anupam J. Kulkarni - Crimes, V. Senthil Balaji VS State Represented By Deputy Director - Supreme Court, STATE VS DHARAM PAL - Delhi, Dhaniram Das VS State of Assam - Gauhati, State of Assam VS Lalhruaizela - Gauhati
Search Results for "Difference between Cutody Duringinvestigation and Custody after Inevstigation"
2016 0 Supreme(J&K) 569 • India - Jammu and Kashmir
MOHAMMAD YAQOOB MIR
of the order dated 26.11.2015 passed by the Court 1st Additional Sessions Judge Jammu in terms whereof clarification vis-a-vis custody ... The court also clarified the difference between Sections 427 and 428 of the Code of Criminal Procedure. ... The court also clarified the difference between Sections 427 and 428 of the Code of Criminal Procedure and emphasized that only the ... There is a marking difference between Sections 427 and 428 Central Code which corresponds to Sections 397 and 397(A) State Code. ... ... (ii) ....
• India - Crimes
A.M.AHMADI, K.JAYACHANDRA REDDY
The legislature however disfavoured even the prolonged judicial custody during investigation. ... is held in custody. ... in police custody for the purpose of associating him with the investigation of the other case. ... Therefore there is a marked difference between the two situations. ... The custody can be police custody or judicial custody as the magistrate thinks fit. The word "such custody" and "for a term no....
2023 8 Supreme 269 • India - Supreme Court
A. S. BOPANNA, M. M. SUNDRESH
police custody – It only means “as the occasion arises”, which is from point of investigation – When investigation reveals new materials ... to be confronted with accused, need for custody might arise, subject to satisfaction of Magistrate – Investigation is a process ... custody has to be by an order of a Magistrate rendering his authorisation – Detention may at best be a facet of custody – However ... It may also delay further investigation. The wo....
1992 0 Supreme(SC) 396 • India - Supreme Court
A.M.AHMADI, K.JAYACHANDRA REDDY
The legislature however disfavoured even the prolonged judicial custody during investigation. ... is held in custody. ... in police custody for the purpose of associating him with the investigation of the other case. ... Therefore there is a marked difference between the two situations. ... serious offences and that on principle, there is no difference at all between the two types of cases. ... The custody can be police custody or j....
2012 0 Supreme(Gau) 1046 • India - Gauhati
I.A.ANSARI, INDIRA SHAH
The prosecution relied on a confessional statement and previous statements made by witnesses during investigation. ... The court also emphasized the limitations of using previous statements made during investigation as substantive evidence. ... It also held that the previous statements made by witnesses during investigation could not be the basis for conviction. ... The mere fact that the constable, in question, was not involved in the investigation of the case, would make no difference in the matter in....
1981 0 Supreme(Del) 327 • India - Delhi
J.D.JAIN, D.K.KAPUR
CRIMINAL PROCEDURE CODE - SECTION 167 - CUSTODY OF ACCUSED DURING INVESTIGATION - INTERPRETATION - MAGISTRATE'S DISCRETION TO ... All further custody has to be judicial custody. ... DETERMINE NATURE OF CUSTODY - CHANGE OF CUSTODY DURING FIRST 15 DAYS PERMISSIBLE - JUDICIAL CUSTODY CAN BE CONVERTED INTO POLICE ... On principle, I can see no difference at all between the two types of cases. "( 18 ) THUS, this. judgment goes to the other extreme by hold....
2022 0 Supreme(Gau) 1456 • India - Gauhati
ROBIN PHUKAN
The court analyzed the difference between 'investigation' and 'inquiry' and the power of the Criminal Court to release seized articles ... Ratio Decidendi: The court's decision was based on the difference between 'investigation' and 'inquiry' and the applicability ... Issues: The issues revolved around the legality of the judgment and order under challenge, the difference between 'investigation ... not maintainable in law and is pre-mature and further it is held that the petitioner w....
2014 0 Supreme(Pat) 1127 • India - Patna
I.A.ANSARI, SAMARENDRA PRATAP SINGH
Fact of the Case: The petitioner, convicted in multiple cases, sought release from custody based on the application ... The court highlighted that the provisions of set off apply only to the period spent as an under-trial prisoner during investigation ... (a) Siwan Mufassil Police Station Case No. 48 of 2010, wherein the petitioner was remanded to custody on 18-2-2011; ... (b) Siwan Town Police Station Case No. 221 of 2010, wherein the petitioner was remanded to custody on 2-6-2011; ... (c) Siwan Town Police ... Stati....
2011 0 Supreme(Pat) 2196 • India - Patna
NAVANITI PRASAD SINGH, ASHWANI KUMAR SINGH
The court also reduced the sentence based on the age and time spent in custody by the appellants. ... The court also reduced the sentence based on the age and time spent in custody by the appellants. ... of the appellants to Section 304 Part II of the Indian Penal Code and reduced their sentence based on the time already spent in custody ... IPC, They have remained in custody for some time. ... 17. On the facts and in the circumstances of the case we are of the opinion that interest of justice would be served if we alter....
• India - Crimes
JITENDRA NATH CHAUDHURI, G.C.CHATTERJEE
accused-Section 439(2)-Application for cancellation of bail by the defacto complainant-Examination of materials on the record-Stage of investigation-Notice ... We direct that he be arrested forthwith and sent to jail custody for one week. ... All the accused were arrested on 19-18-85 by the Karaya police station and on 20-10-85 were produced in custody before the court of the S.D.J.M. at Alipore with a prayer for police custody till 27-10-85, by the I.O. The learned Magistrate (Sri S. ... That, however, can hardly make a....
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