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Difference Between Police And Judicial Custody

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Difference Between Police And Judicial Custody
There is too much stuff found now days about deaths and torture in police and judicial custody in newspapers which diverts us to think that whether basic fundamental rights of an individual are being protected and safeguarded even when he is in police or judicial custody. As a human, every individual has certain rights and as these Human Rights are part and parcel of human dignity, they need to be protected by either Constitution of a country or by effective legislations in cases of arrest and detentions by police authorities. There has been several cases where convicted are being treated with inhuman ways which results in death and severe injuries in police lock-ups and police custody which directs us to think towards the jurisprudential aspect of custody. Custodial violence including torture and death in lock-ups gives a blow to Rule of Law demanding that powers of executive derived from law should be limited by law and should not above the law.
Though it is the duty of judiciary and especially, apex court of a country to see whether there is any violation of fundamental and human
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Today, these measures are being effectively followed by police authorities of different states and union territories and persons in police lock-ups and custody are not being tortured to confess their crime and even they have certain rights which they can easily access to. Due to these guidelines certain amendments are made in different legislatures which have widened the scope of these very guidelines. These guidelines are effectively implemented by organs of government. The guidelines are often used by court in similar cases to provide justice to the needy and it is evident from cases including People's Union for Civil Liberties v. State of Maharashtra , Urmila Devi v. Yudhvir Singh , and many

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