Prelims 2021 · Polity and Constitution · Question 82
With reference to India, consider the following statements:<br/>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.<br/>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.<br/><br/>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.