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

APEDIA

UPSC Prelims

2021 • 10 Oct, 2021 • Paper-1

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?

Correct Answer

2 only

Custodial Locations: There is a sharp legal distinction between types of custody. In 'police custody', the suspect is held in the physical lock-up of a police s......

💡 Analysis & Explanation

Custodial Locations ▼

There is a sharp legal distinction between types of custody. In 'police custody', the suspect is held in the physical lock-up of a police station. Conversely, 'judicial custody' means the individual is under the jurisdiction of the court and is securely lodged in a central or state jail, not a police station. Thus, the first statement is completely incorrect.

Interrogation Rules ▼

When an individual is relegated to judicial custody, the investigative phase transitions. The police lose the automatic right to question the suspect. To conduct any further interrogation inside the jail premises, the investigating officer must submit a formal application and secure explicit permission from the presiding magistrate. Therefore, the second statement is correct.

Conclusion ▼

Only the protocol regarding interrogation restrictions is accurate.

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