Judicial Custody and Police Custody

Constitutional Provisions: Article 20(3) of the Indian Constitution provides the right against self-incrimination which means that a person in custody cannot be compelled to give statements against oneself which have a tendency of exposing him to criminal charges. Article 22of the Constitution gives the accused the right to be informed about the reasons for his arrest.

  • Legal Provisions: Section 167 (produce a person before a magistrate within 24 hours of arrest) and Section 436A (default bail) of Criminal Procedure Code, 1973 deals with Judicial Custody and Police Custody.

Judicial Pronouncements

  • In the case State v. Dharampal (1982), it was held that ....
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Indian Polity And Governance