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Difference between Arrest and Custody?

Updated On: April 19, 2024 9:44 pm

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Difference between Arrest and Custody?

The words custody and arrested are not synonymous terms. In every arrest, there is custody, but not vice versa. Arrest is a mode of formally taking a person in police custody. Whereas ‘custody ‘ merely denotes surveillance or restriction on the movement of the person concerned.

A person may be taken in custody completely or even partially. The concept of being in custody is, therefore, different from that of a formal arrest. Thus it would be seen that in every arrest there is custody but the converse is not true and as such, arrest and custody are not synonymous terms.

Kinds Of Law:- Procedural and Substantive Law- Our Legal World

Meaning of arrest –

Arrest with a warrant and without a warrant -There are two types of arrests which are as follows -1) Arrest made in pursuance of a warrant issued by a magistrate and;
2) Arrest made without such a warrant but made in accordance with some legal provision for meeting such an arrest.

Meaning of Custody –

Generally, the meaning of the custody is the charge and control of a person or item of property. Custody can be in relation to family law, property or in regards to a prisoner

Distinction/difference between arrest and custody

No	Arrest	Custody
1	The Term Arrest is not defined either in the Code of Criminal Procedure Code or the Various Substantive Acts. The word Arrest is derived from the French word ‘Arret’ which means “to stop or Stay”.	According to Section 27 of the Indian Evidence Act, 1872 the expression “in Custody” denotes Surveillance or restriction on the movements of the person connected.
2	Meaning and Definition of Arrest – An arrest is a restraint of the Liberty of the Person. An arrest is the act of apprehending a person and taking them into custody, usually because they have been suspected of committing or planning a crime.	Meaning and Definition of Custody – Custody is the state of being guarded, or kept in prison temporarily, especially by the police. It is the legal right or duty to take care of somebody/ something
3	Every arrest is custody, but not Vice Versa	A custody may Amount to an arrest in certain cases but not in all cases.

In Central Bureau of Investigation, Special Investigation Cell-I, New Delhi v. Anupam J.Kulkarni (AIR 1992 SC 1768) the question regarding arrest & detention in custody was dealt with it was held that the Magistrate under S.167(2) can authorise the detention of the accused in such custody as he thinks fit but it should not exceed fifteen days in the whole. Therefore the custody initially should not exceed fifteen days in the whole. The custody can be police custody or judicial custody as the magistrate thinks fit.

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