Judicial custody refers to the legal detention of an accused individual under the direct supervision of a magistrate or court, typically in a judicial prison....
Judicial custody occurs when an accused person is held in a judicial prison under the direct supervision of a magistrate or court, during the investigation or trial phase, rather than by the police.
In judicial custody, the accused is confined to a judicial prison supervised by the court. In contrast, police custody involves holding the accused at a police station, under police supervision, primarily for interrogation and investigation.
Individuals in judicial custody retain rights including access to legal representation, a fair trial, meeting family (subject to court rules), adequate medical care, and the right to apply for bail.
The duration varies by jurisdiction and offense, but it generally cannot exceed the maximum period prescribed by law for investigation (e.g., 60 or 90 days without a chargesheet) or until the trial concludes, unless bail is granted.
Yes, an accused person can apply for bail at any point while in judicial custody. The court evaluates the application based on factors such as the offense's nature, evidence, and potential flight risk.