Police custody refers to the detention of an individual by the police for a certain period of time. After receiving a complaint or report, the police officer the suspect so that the crime can be prevented further. A person can be taken into police custody for a variety of reasons, such as investigation of a crime, questioning of a suspect, or preventing the commission of a crime.
In police custody, the suspect of the case can be kept in custody for not more than 24 hours and during this, the police officer can interrogate the suspect.
Then the officer in charge of the case is required to produce the suspect before the appropriate judge within 24 hours, these 24 hours exclude the time of necessary journey from the police station to the court.
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The procedure for keeping an individual in police custody involves several steps, which we will discuss in detail below.
Arrest: The first step in keeping an individual in police custody is to arrest them. This can be done either with or without a warrant, depending on the circumstances. When making an arrest, the police must inform the person being arrested of the reasons for their arrest, and must also inform them of their right to legal representation.
Booking: After the arrest, the individual is taken to the police station and booked. This involves recording the person’s personal details, such as name, address, and date of birth, as well as the details of the arrest, such as the time, date, and place of the arrest. The individual may also be photographed and fingerprinted at this stage.
Detention: Once the individual has been booked, they will be detained in a police cell. The police have the power to detain a person for up to 24 hours without charge. However, if they wish to extend the detention period, they must obtain permission from a court. This can be done by applying for a warrant of further detention.
Questioning: During the detention period, the police will question the individual about the crime they are suspected of. The person being questioned has the right to remain silent, but anything they say may be used as evidence against them in court.
Charging: If the police believe that there is enough evidence to charge the individual with a crime, they will do so. The individual will be informed of the charges against them and will be given a court date. They may be released on bail or remanded in custody until their court date.
Court Proceedings: At the court hearing, the individual will have the opportunity to plead guilty or not guilty. If they plead guilty, they will be sentenced by the court. If they plead not guilty, a trial will be held where evidence will be presented by both the prosecution and defense.
In conclusion, keeping an individual in police custody involves several steps, including arrest, booking, detention, questioning, charging, and court proceedings. The police must follow strict procedures to ensure that the rights of the individual are protected, and any evidence obtained must be admissible in court.