With reference to India, consider the following statements:Judicial custody means an accused is in t

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UPSC Prelims is a competitive examination conducted in India. This question is from the 2021 UPSC Prelims Current Affairs paper.

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Question

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?

Accepted Answer

Correct Answer: B — 2 onlyStep-by-step Solution:Statement 1: Incorrect. In judicial custody, the accused is in the custody of the magistrate and lodged in jail (not police station). Police custody means the accused is in police lock-up. ✗Statement 2: Correct. During judicial custody, the police cannot interrogate the suspect without prior permission from the court. The court may allow interrogation if it deems necessary based on the facts presented. ✓Why other options are incorrect:Option A (1 only): Statement 1 is false.Option C (Both): Statement 1 is false.Option D (Neither): Statement 2 is true.Key Concept: Criminal Procedure Code (CrPC) governs police vs. judicial custody. Section 167: Magistrate can authorise detention in judicial custody up to 15 days. Police custody can be authorised for up to 15 days but only within the first 15 days of arrest. The distinction is crucial in high-profile cases.

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