Custody - Definition - Law Dictionary Home Dictionary Definition custody

Definition :

Custody, The word is of elastic semantics but its core meaning is that the law has taken control of the person, Nianjan Singh v. Prabhakar Rajaram Kharote, (1980) 2 SCC 559: AIR 1980 SC 785 (787): (1980) 3 SCR 15. [Criminal Procedure Code (1974) s. 439]

Means physical custody, Warner v. Metropolitan Police Commr., (1969) 2 AC 256: (1968) 2 All ER 356, HL Halsbury's Laws of England, Vol. 3(1), para 59, p. 55.

Custody, he who under the control of the Court or is in the physical hold of an officer with coercive power, is in custody for the purpose of s. 439, Nirmaljeet Kaur v. State of Madhya Pradesh, (2004) 7 SCC 558.

The word is of elastic semantics but its core meaning is that the law has taken control of the person. The expression 'custody' as used in s. 439 must be taken to be a compendious expression referring to the events on the happening of which the Magistrate can entertain a bail petition of an accused, Sunita Devi v. State of Bihar, (2005) 1 SCC 608 (613, 614). (Criminal Procedure Code, 1973, s. 439)