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:

QUESTION

Hard

Indian Polity

Prelims 2021

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:

Select an option to attempt

Explanation

Statement 1 is incorrect: Police Custody means that the police have the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned Magistrate. In Police custody, the accused is lodged in a police station lockup while in Judicial Custody, he is locked up in the jail.

Statement 2 is correct: During Judicial Custody, the police officer in charge of the case is not allowed to interrogate the suspect. However, the court may allow the interrogations to be conducted if it opines the interrogation is necessary under the facts produced before the court. However, during police custody, the police officer in charge of the case may interrogate the suspect.

Trusted by 2L aspirants