Police custody vs judicial custody: limits, rights, what to do
What police custody and judicial custody mean, the 24-hour and 15-day limits under Sec 187 BNSS, your rights in a lock-up, and what families should do.
In short
- Police custody = held by the police (usually the station lock-up) for questioning. Judicial custody = held in jail under the court's control; police cannot question you there without the court's leave.
- Nobody can be kept by the police for more than 24 hours without being produced before a Magistrate (Art 22(2), Sec 58 BNSS).
- Police custody cannot exceed 15 days in total, and under the BNSS those days can be taken in parts within the first 40 or 60 days of detention (Sec 187(2) BNSS). Total custody during investigation is capped at 60 or 90 days.
- In both kinds of custody you keep the right to a lawyer, a medical check-up, informing family, and refusing to confess. Free lawyer: 15100. Illegal detention: 112 and habeas corpus in the High Court.
When someone is arrested, families hear two phrases in court: "police custody" and "judicial custody". They sound alike but mean very different things for the person held, and for their safety.
What each term means
Police custody means the arrested person stays with the police, usually in a station lock-up, so that officers can question them and recover evidence. Lawyers call it "PC" or "police remand".
Judicial custody ("JC") means the person is sent to jail under the Magistrate's order. The jail keeps them on the court's behalf. The police can no longer hold them at the station, or question them in jail without the court's permission.
What the law says
After an arrest, the police cannot keep a person for more than 24 hours, not counting travel time to court, without producing them before a Magistrate. This is in Art 22(2) of the Constitution and Sec 58 BNSS (earlier Sec 57 CrPC). If the investigation cannot finish in 24 hours, the Magistrate decides the next step under Sec 187 BNSS (earlier Sec 167 CrPC): police custody, judicial custody, or bail.
- Police custody limit. The Magistrate can authorise police custody of up to 15 days in total. Under Sec 187(2) BNSS these 15 days may be granted in one stretch or in parts, at any time within the first 40 days of detention (offences punishable up to ten years) or the first 60 days (more serious offences). Under the earlier CrPC police custody was possible only within the first 15 days (CBI v. Anupam J. Kulkarni, 1992). Courts are still interpreting the new wording; the Karnataka High Court, for example, has held that once the 40-day window closes no police custody can be sought.
- Overall limit. Total detention during investigation cannot go beyond 60 days (most offences) or 90 days (offences punishable with death, life, or ten years or more) without a chargesheet. After that the accused has a right to default bail under Sec 187(3) BNSS.
- Reasons required. Police custody is not automatic. The police must show why custodial questioning is needed, and the Magistrate must record reasons.
Your rights in police custody
Police custody carries the greatest risk of mistreatment. The Supreme Court laid down safeguards in D.K. Basu v. State of West Bengal (1997); most are now in the BNSS:
- The arresting officer must wear clear identification, prepare an arrest memo with the time and place of arrest, and have it signed by a witness and by you (Sec 36 BNSS).
- You must be told the grounds of your arrest (Sec 47 BNSS). Since Pankaj Bansal v. Union of India (2023) and Prabir Purkayastha v. State (NCT of Delhi) (2024), the Supreme Court has insisted that grounds be given in writing; as of 2026 the exact scope of that rule is still being worked out by the Court.
- A relative or friend of your choice must be informed of the arrest and where you are held (Sec 48 BNSS). Every police station must display the names of persons arrested (Sec 37 BNSS).
- You may meet an advocate of your choice during interrogation, though not throughout it (Sec 38 BNSS).
- You have a right to a medical examination by a doctor (Sec 53 BNSS). Insist on it if you have been hurt.
- You cannot be forced to confess. A confession to a police officer, or made while in police custody without a Magistrate present, cannot be used against you (Sec 23 BSA). Hurting a person to extract a confession is itself a crime (Sec 120 BNS).
Life in judicial custody
In judicial custody you are held in jail. You can meet family and your lawyer under your state's prison rules, usually on fixed days, and can apply for bail at any stage. You must be produced on each remand date, in person or by video link, and the Magistrate must extend custody each time; without that order the detention is illegal. Prisons have legal aid clinics run by the District Legal Services Authority.
Step by step: what families should do
- Find out where the person is. Ask the station for the arrest memo and FIR number. If it will not say, check the district police control room, where the BNSS requires arrest information to be displayed.
- Be at the first production, within 24 hours, with a lawyer. Ask for bail, or at least for judicial rather than police custody, and raise any injury.
- Get a lawyer the same day. If you cannot pay, ask the Magistrate for a legal aid lawyer, call 15100, or go to the District Legal Services Authority office in the court complex.
- Note the custody order: which kind, until what date, which jail. Keep a copy of every remand order.
- If 24 hours pass without production, a lawyer can file a habeas corpus petition in the High Court (an order to produce the person before the court). Also complain in writing to the Superintendent of Police and the State Human Rights Commission.
- If you fear torture, tell the Magistrate in writing, demand a medical examination, and in an emergency call 112.
Anil is picked up from his shop on Tuesday evening in an assault case. His wife Meena reaches the station and asks for the arrest memo and FIR number. The officer says Anil "will be produced tomorrow". Meena notes the officer's name and the time. On Wednesday afternoon she is at the Magistrate's court with a legal aid lawyer. The police ask for five days of police custody; the lawyer argues the recovery is already made and asks for bail. The Magistrate declines bail but refuses police custody and sends Anil to judicial custody, where Meena can meet him on visiting days. The lawyer files a bail application in the Sessions Court the next morning.
Keep these ready
- Arrest memo, FIR number and copy, and the name of the arresting officer.
- Copy of every remand order, noting the kind of custody and the date it ends.
- Medical examination report from the first production.
- Identity and address proof of the accused, and of a possible surety.
"He is only being questioned, not arrested" is a common way the 24-hour clock is dodged. If a person is not free to leave the station, that is custody. Insist on an arrest memo, and if they are not produced within 24 hours, move the court.
Where to go
- The Magistrate before whom the person is produced: for bail, for refusing police custody, and for complaints of ill-treatment.
- District Legal Services Authority at the district court, or NALSA helpline 15100, for a free lawyer and jail legal aid clinic.
- Superintendent of Police and the State Human Rights Commission or NHRC for custodial violence complaints.
- High Court, through a lawyer, for habeas corpus if someone is held without production; emergency 112.
Common questions
What is the difference between police custody and judicial custody?
In police custody the police hold you, normally in a station lock-up, for questioning, for at most 15 days in total. In judicial custody you are in jail under the court's order, and police cannot question you without its permission. Both count towards the 60 or 90 day limit.
How many days can the police keep someone?
At most 24 hours before producing them before a Magistrate, and then only as much police custody as the Magistrate allows, which can never exceed 15 days in total under Sec 187 BNSS. Any longer detention by the police is illegal.
Can the police question me in judicial custody?
Not on their own. They must apply to the court, which may allow questioning inside the jail or grant police custody from the remaining 15-day quota if the 40 or 60 day window is still open. Your lawyer can oppose it.
Can family meet a person in police custody?
The police must inform a relative or friend, and a lawyer may meet the person during questioning. Lock-up visits depend on the officer, but you can always see the person in court when they are produced. In jail, visits follow a fixed schedule.
What if the person was beaten in custody?
Tell the Magistrate at the next production and ask for a medical examination under Sec 53 BNSS. Complain in writing to the Superintendent of Police and the Human Rights Commission. Hurting someone to extract a confession is an offence under Sec 120 BNS.
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
