With reference to India, consider the following statements :
- 1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail.
- 2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.
Which of the statements given above is/are correct?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC IAS – 2021
Statement 1: Judicial custody means that the accused is in the custody of the concerned magistrate (judicial authority), but they are locked up in a *jail*, not a police station. Custody in a police station lock-up is termed police custody. Thus, Statement 1 is not correct.
Statement 2: During judicial custody, the police investigating the case are not allowed to interrogate the suspect without first obtaining permission from the court (Magistrate). This is a safeguard against potential coercion and ensures judicial oversight. Thus, Statement 2 is correct.
Based on the analysis, only statement 2 is correct. Therefore, the correct option is B.
– Police custody implies custody under the police and detention in a police lock-up.
– Interrogation during judicial custody requires court permission.