Source: Patiala House Courts

Why in News?

Additional Sessions Judge Hardeep Kaur has remanded the four accused of Parliament Security Breach to seven days police custody.

What is the Background of the Case?

• In a major security breach on the anniversary of 2001 Parliament terror attack, two persons jumped into the chamber of Lok Sabha from the public gallery when the ‘Zero Hour’ was in session.
• The two were seen holding canisters which released yellow gas. They were also shouting slogans. However, they were overpowered by some of the Member of Parliaments (MPs).
• First Information Report (FIR) under various offences of Indian Penal Code, 1860 (IPC) and Unlawful Activities (Prevention) Act, 1967 has been registered in the matter.

What was the Court’s Observation?

• The Patiala House Courts has observed that police custody was required in order to unearth the conspiracy to commit the ‘planned attack on the parliament’ and their association with other countries and other terrorist organization also has to be seen.
• However, the court granted police remand for seven days and said that the same can be extended.

What is ‘Police Custody’?

• Meaning:
  • When a person is arrested by police for charges of committing a heinous crime or on suspicion, he is detained in police custody. The rule to produce a person before a magistrate within 24 hours of arrest is given under Section 167 of Criminal Procedure Code, 1973 (CrPC).
  • According to this section, when the accused is produced before the magistrate and he believes that there is a need for further investigation or interrogation, he can order the person to police custody for the next 15 days which can be extended to 30 days in certain cases depending on nature, gravity, and circumstances of each case.
  • The magistrate has been given the power under Section 167 to remand a person in police custody.
  • He can also order to change the custody from police custody to judicial custody. In such a situation, the time period of police custody is deducted from the total time period of judicial custody.
• Case Laws:
  • State v. Dharampal (1982):
    • The Delhi High Court held that a person must be sent to police custody within 15 days from the date he is produced before the magistrate under Section 167 of CrPC but if the accused is in judicial custody, he can be sent to prison either in 15 days or even after that.
  • Mithabhai Pashabhai Patel v. State of Gujarat (2009):
    • The Supreme Court held that an accused cannot be taken into police custody if he has been granted bail unless his bail is cancelled.