difference between arrest and custody, arrest and custody, arrest with warrant, arrest without warrant,

Difference between arrest and custody can be found in the Criminal Justice System, there are some words that are ambiguous in nature. In this article, we will see the what is meaning of Arrest and Custody? and the difference between Arrest and Custody.

The terms Arrest and Custody are looks like synonyms but actually, they are not similar. In every arrest, there is custody but in every custody, there is no arrest. 

So, let’s discuss the meaning of Arrest and Custody and the difference between Arrest and Custody.

Meaning of Arrest

According to the Legal Dictionary, the term Arrest means, “A seizer or forcible restraint of a person: an exercise of power to deprive the person of his or her personal liberty; the taking or keeping of the person in custody by the legal authority, especially in response to a criminal charge.”

There are two types of Arrest:

  1. Arrest with Warrant
  2. Arrest without Warrant

1. Arrest with Warrant

Arrest made in pursuance of a warrant which is issued by the Magistrate.  

2. Arrest without Warrant

Arrest made without such a warrant but made in accordance with some legal provision for meeting such an arrest.

Meaning of Custody

Generally, Custody means, the charge and control of an individual or property of another person. In Legal Dictionary, the meaning of custody has been provided as, “Mere restriction on the movement of an individual concerned is a custody.” In criminal law, the first stage is Arrest and the second stage is Custody.

There are two types of Custody;

  1. Police Custody
  2. Judicial Custody

1. Police Custody

Police custody can be defined as the immediate physical custody of an individual by the police officer who has committed a crime or who is suspicious. When the person is arrested and brought before the police station for further proceedings.

2. Judicial Custody

Judicial Custody is ascribed by a Magistrate or the Court itself. In this, the court may order the custody of a person depending upon the circumstances of the case.

Difference/Distinction Between Arrest and Custody

Arrest Custody
The word Arrest has been derived from the French word ‘Arret’ which means ‘to stop or to stay.’ The synonym of the word Custody is ‘Guardianship, Keeping, and Safekeeping’
Nowhere, the definition of Arrest has been provided either in the Criminal Procedure Code, or any other substantive law. The definition of Custody has been provided under Section 27 of the Indian Evidence Act, 1872.
Arrest means, the taking or keeping of the person in custody by the legal authority, especially in response to a criminal charge. The Custody means, “Custody denotes surveillance or restriction on the movements of the individual connected.
The term Arrest can be defined as, “An arrest is a restraint of the Liberty of the Person. An arrest is an act of apprehending a person and taking them into custody, usually because they have been suspected of committing or planning a crime.” The term Custody can be defined as, “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.”
Every Arrest is Custody but Every Custody is not Arrest. Every Custody does not amount to Arrest but in certain cases, a Custody may amount to an Arrest.

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