Prelims 2021 · Polity and Constitution · Question 82
With reference to India, consider the following statements:
- 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.
- 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?
Answer
2 only
Statement 1: Incorrect. In judicial custody, the accused is under the custody of the magistrate/court and is usually kept in jail, not in a police station. Lock-up in a police station is associated with police custody.
Statement 2: Correct. During judicial custody, police cannot freely interrogate the accused; they need the permission of the court/magistrate.
Therefore: Only Statement 2 is correct.