Judicial custody, police custody and preventive arrest are three distinct forms of detention under Indian law, but they are often misunderstood. The differences concern who authorises the detention, where the person is held, how long the detention can continue and why the police take action. The issue has come into focus after Saurav Das and Ashutosh Ranka, leaders of the Cockroach Janata Party (CJP), were remanded to five days of judicial custody on October 14, 2026. They had been detained a day earlier, along with 12 other party members, over allegations linked to entering Jantar Mantar in New Delhi, which is no longer designated as an authorised protest site. Delhi Police registered two FIRs against the 14 members over alleged trespass, disobedience of official orders and obstruction of police personnel. Meanwhile, CJP national organisation in-charge Ajinkya Shinde was placed under preventive arrest and later released after furnishing a personal bond and surety of ₹5,000, along with an undertaking to maintain peace and good behaviour for six months. These developments highlight the legal distinctions between the three procedures under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the Code of Criminal Procedure (CrPC).

Judicial Custody: Detention Under Court Supervision
Judicial custody means an accused person is kept in prison under the authority of a court, generally after a Magistrate determines that continued detention is necessary. The individual remains in jail custody rather than under the direct control of investigating police officers. Under Section 187 of the BNSS, when an investigation cannot be completed within 24 hours of arrest, the accused must be produced before a Magistrate, who decides whether further detention is justified. The court may authorise judicial custody or, where legally justified, police custody. For certain offences, the investigation-stage detention limit is 60 days, while it is 90 days for offences punishable with death, life imprisonment or imprisonment for a term of at least 10 years. If the investigation is not completed within the applicable period, the accused may claim statutory bail, subject to the legal requirements. Judicial custody is not a punishment because the accused has not necessarily been convicted. The person may apply for bail and consult a lawyer in accordance with applicable rules. Section 468 also provides for the adjustment of qualifying detention periods against a sentence after conviction.

Police Custody: Detention for Investigation
Police custody places an accused person under the control of the investigating agency, usually at a police station or another authorised location, to facilitate questioning, evidence recovery and other investigative procedures. It cannot be authorised merely at the police's discretion: a Magistrate must approve the request after considering the grounds presented. Under Section 187 of the BNSS, police custody can total up to 15 days, either continuously or in separate periods, subject to the statutory framework. Unlike the earlier CrPC arrangement, the BNSS permits police custody to be authorised during the initial 40 days of a 60-day detention period or the initial 60 days of a 90-day detention period, as applicable. The overall 15-day police custody limit remains. The accused must be produced before the Magistrate in person when required by law, and the court must assess whether the requested custody is necessary.

Preventive Arrest: Action to Prevent a Possible Offence
Preventive arrest differs from custody in a criminal investigation because its primary purpose is to prevent a cognisable offence believed to be imminent, rather than investigate an offence that has already occurred. Section 170 of the BNSS empowers a police officer to arrest without a warrant when the officer has knowledge of a design to commit a cognisable offence and believes the offence cannot otherwise be prevented. The detention cannot ordinarily exceed 24 hours unless another legal provision authorises further detention. Section 172(2) also allows police to take action against people who disregard lawful directions, subject to the conditions and safeguards prescribed by law. Preventive arrest is often associated with protests, public gatherings and situations involving potential disturbances to public order. It does not automatically lead to an FIR or criminal trial, although separate criminal proceedings may arise if an offence is alleged.

An undertaking to maintain peace may be linked to separate proceedings under Section 126 of the BNSS, under which an Executive Magistrate can require a person likely to breach the peace to execute a bond for maintaining peace for a period of up to one year. Preventive arrest must also be distinguished from preventive detention under special laws such as the National Security Act, 1980. Preventive detention involves a separate legal framework, executive orders and review safeguards, and detention under the NSA can extend to 12 months, subject to the law's provisions. Understanding these distinctions is essential because each form of detention has different legal requirements, safeguards and consequences for the person concerned.