UPSC Previous Year Question | Prelims GS | 2021

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. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer

Correct Answer

2 only

Explanation

In judicial custody the accused is under the magistrate's authority and is normally lodged in jail, not in a police station (police custody is the lock-up), so statement 1 is wrong. During judicial custody, the investigating officer can interrogate the accused only with the court's permission, so statement 2 is correct.

Topics: criminal justice system, custody & remand, judicial custody vs police custody, polity & governance