Difference between Detention, Arrest and Custody

Summary

Highlights

• Dr. Priya Sepaha explains the criminal justice system terms. 💼
• Detention revokes liberties but is without formal charges. 🤔
• Arrest involves restraining someone with legal authority and charges. 🚨
• Police or magistrates can execute arrests, judicial custody extends to 90 days. 📅
• Police custody allows interrogation, judicial custody protects rights. 📚

Key Takeaways

• Detention is based on suspicion without formal charges. 🔍
• Arrest requires sufficient evidence and involves legal charges. 📜
• Custody follows an arrest and involves police or judicial oversight. 👮‍♂️⚖️
• Police custody involves interrogation; judicial custody does not. 🕵️‍♂️🤐
• Detention is temporary, arrests are more serious, and custody can be extended based on the case. ⏳

Overview

Chapters

• 00:00 - 00:30: Introduction to Detention, Arrest, and Custody Dr. Priya Sabaha introduces the topic of the differences between detention, arrest, and custody. She remarks on the ambiguity of certain terms within the criminal justice system, mentioning that although these terms may be perplexing, they are systematically outlined in law and practice. She notes that the police have extensive power to detain individuals under various conditions, with most instances explained as provided by law.
• 00:30 - 01:30: Detention Explained This chapter explains the concept of 'detention', highlighting its distinction from arrest and custody. Detention occurs when the police or an authority detains someone under suspicion without charging them with a crime. During detention, the individual is held against their will and their liberties are temporarily revoked.
• 01:30 - 03:30: Arrest Explained The chapter titled 'Arrest Explained' discusses the powers of the police to detain individuals. It states that authorities can detain someone only if there is reasonable suspicion of unlawful activities. However, there are limitations on how long a person can be held without being formally arrested, and these durations differ by region. Once this period has elapsed, the police are required to either release the individual or proceed with an arrest depending on the particulars of the case.
• 03:30 - 04:30: Custody Explained The chapter 'Custody Explained' describes the concept of arrest and custody within criminal law. It highlights that although the term 'arrest' is not explicitly defined, the procedures surrounding it are outlined in Sections 41 to 60 of the Criminal Procedure Code. Arrest is referred to as a seizing or forcible restraint and involves exercising power to deprive a person of their liberty, essentially taking or keeping a person in custody.
• 04:30 - 10:00: Key Differences Between Detention, Arrest, and Custody The chapter discusses the legal distinctions between detention, arrest, and custody, emphasizing the importance of arrest in criminal law. It explains that police can arrest an individual when they are charged with a crime to ensure they appear in court and do not abscond. The transcript highlights that sufficient and credible evidence is required for the police to make an arrest.
• 10:00 - 10:30: Conclusion and Further Resources The chapter discusses the legal framework regarding who can make arrests under the Code of Criminal Procedure (CRPC). It outlines that arrests can be made by police, magistrates, or private persons. The police have the authority to arrest with or without a warrant, as prescribed under different sections of the CRPC, including Section 41 and Section 151.

Difference between Detention, Arrest and Custody Transcription

• 00:00 - 00:30 hello everyone I'm dr. Priya sabaha my topic for today is difference between detention arrest and custody there are certain terms in criminal justice system which are ambiguous in nature however they are step-by-step explained in law and practice police have power to see someone under many grounds the most under which a person can be seized by
• 00:30 - 01:00 the police a detention arrest and custody usually people get confused between these three but they are having different meaning the first one is detention when the police or any authority holds someone under suspicion but have not charged them with a crime is known as detention and this person is detained against their will and their liberties are revoked for the time being
• 01:00 - 01:30 the police have the right to detain someone if they suspect them of unlawful activities or any wrongdoing however the police cannot detain someone without reasonable suspicion and can only detain them for a certain period of time which varies from region to region after the prescribed time the police must either release or arrest a person according to the case the second mode is arrest
• 01:30 - 02:00 although in criminal law arrest has not been defined but the procedure of arrest has been given under Section 41 to section 60 of Criminal Procedure Code as per legal dictionary arrest means a scissor or forcible restrain and exercise of the power to deprive a person of his or her liberty the taking on keeping of a person in custody by
• 02:00 - 02:30 legal authority specially in response to a criminal charge in criminal law arrest is an important tool from bringing and accused before the court and to prevent him from absconding when the police charged someone with a crime and then takes them into custody is called arrest however in order to arrest someone the police must have sufficient evidence credible
• 02:30 - 03:00 information or a reasonable cause about the illegal act committed by him now the question is who can meet arrest under C RPC the arrest can be made either by police or by magistrate or well private person the police can made arrest either without warrant which has been described under Section 41 one through section 151 or CRP C or wit warrant which is
• 03:00 - 03:30 described under Section 72 to 74 of CRPC the next is section 44 which defines that arrest can be made by magistrate any magistrate whether executive or judicial may arrest a person when any offense is committed in his presence then he may himself arrest or order any person to arrest offender and thereafter depending upon the case he may even give
• 03:30 - 04:00 the bail to that person or send him to custody now section 43 which defines that the arrest can be made by private person any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognisant offense or any proclaimed offender and without unnecessary delay shall make over or cause to be made over any person so arrested to a police
• 04:00 - 04:30 officer or in the absence of a police officer take such person or cause him to be taken in custody to the nearest police station now the third mode is custody merely surveillance or restriction on the moment of a person concerned is called custody in criminal law custody is a second stage of arrest basically there
• 04:30 - 05:00 are two types of custody the first one is police custody and second is judicial custody police custody when falling to the receptor of any information or complaint or report by police about a crime a police officer arrests a suspect involved in the crime reported to prevent him from committing the offensive acts further such officer brings that suspect to police station this is called as police custody during
• 05:00 - 05:30 this detention the police officer in charge of the case may interrogate the suspect and this detention is not supposed to be longer than 24 hours the officer in charge of the case is required to produce a suspect before the appropriate judge within 24 hours these 24 hours exclude the time of necessary journey from valla station to the goat
• 05:30 - 06:00 the next is judicial custody which means an accused is in the custody of the concerned magistrate a judicial custody may extend up to the period of 90 days if the person is arrested in connection to a crime which is punishable by an imprisonment of 10 years or more life imprisonment and capital sentence and in any other case the judicial custody of such person may extend up to the period
• 06:00 - 06:30 of 60 days after the period of 60 or 90 days depends upon the case the person is entitled to bail till the time police have not filed the charge sheet once the police filed the charge sheet the person cannot claim bail as a matter of right the key differences between the police and the judicial custody police custody is defined as the immediate physical
• 06:30 - 07:00 custody by the Bullis of a person who has committed a crime whereas judicial custody is ascribed by the judge or the court itself in police custody the person is arrested and brought to the police station for processing whereas in judicial custody it is ordered by the judge depending on the circumstances of the case in police custody the suspect can be intergrate by
• 07:00 - 07:30 the police but in judicial custody there is no interrogation done during this unless the situation calls for the action and with the permission of the judge in police custody legal counsel is usually present in an interrogation to ensure that the suspect rights are being respected and that no physical harm or brutality of any kind will occur but in judicial custody there is no need of such action in police custody the
• 07:30 - 08:00 protection and care provided by the police and in judicial custody it is under the protection and safety of a judge lastly the key differences between the detention arrest and custody detention is when the action of detaining someone or the state of being detained in official custody whereas an arrest is to see someone by legal
• 08:00 - 08:30 authority and take them into custody and in custody merely surveillance or restriction on the moment of the person concerned in detention Pulis only need reasonable suspicion to hold the suspect where is an arrest police need hard evidence to arrest someone and in custody holding a person is to further inquiry and investigation detention is less serious in nature arrest is more
• 08:30 - 09:00 serious in nature and custody is also more serious in nature the detention may lead to an arrest if more evidence is found an arrest may lead to jail if convicted custody of self is of two types the first in police custody and second as judicial custody depending upon the circumstances there is no criminal record of detention
• 09:00 - 09:30 but another in arrest there is a criminal record and as custody there is a police record and in detention usually it is of short period of time then they have to either be released or arrested and in arrest it can be held until bail is granted or until their case comes to court and in custody police custody is or 15 days and judicial custody is of 60 to 90 days
• 09:30 - 10:00 depending upon the cases this is all about the arrest detention and custody I hope you liked the video for detail nodes you may visit my website www.themanufacturingmentor.com