What is deemed custody? Whether the accused need to surrender and seek regular bail if a recovery has to be done by the police?

No, the accused is not required to separately surrender and seek regular bail. Any person who gives statement leading to discovery of a fact or recovery can be deemed to have surrendered to the custody of police (“deemed custody”). Deemed custody is sufficient to fulfil the requirement of Section 27 of the Evidence Act, which makes discovery of fact leading to a statement by the accused in custody to be admissible. However, in cases of deemed custody, the accused is not required to seek regular bail again. [Refer Sushila Aggarwal & Ors. vs State (NCT of Delhi) & Anr, 2020 SCC OnLine SC 98]

 Relevant Legal Provisions:
  • Section 438 of the Code of Criminal Procedure Code, 1973

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